ORDINANCE NO

Transcription

1 ORDINANCE NO AN ORDINANCE OF THE CITY OF NEWCASTLE, WASHINGTON, DECLARING PUBLIC USE AND NECESSITY RELATED TO REAL PROPERTY TO BE CONDEMNED AS REQUIRED FOR A MUNICIPAL PROJECT KNOWN AS THE NEWCASTLE TRANSIT CENTER PROJECT WITHIN THE CITY OF NEWCASTLE, DIRECTING STAFF TO EXHAUST ALL REASONABLE NEGOTIATION EFFORTS TO PURCHASE PROPERTY NECESSARY FOR THE PROJECT, FOR JUST COMPENSATION TO BE PAID FROM CAPITAL INVESTMENT FUND NUMBER T- 007; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Newcastle Way is an arterial street running through downtown Newcastle: and WHEREAS, the project proposes improving Newcastle Way with bicycle lanes, wider sidewalks with landscaping, bus shelters, pedestrian lighting, and undergrounding of utilities; and WHEREAS, the City Council has previously authorized the City Manger to proceed with right-of-way acquisition for Newcastle Transit Center improvements; and WHEREAS, certain land and properties along Newcastle Way between 12gm Ave SE and 132"~ PI SE must be acquired in order to provide the necessary right-of-way for construction of the project; and WHEREAS, efforts are now on-going to acquire the properties necessary for this public use by negotiation and agreement; and WHEREAS, in the event that negotiated acquisition is not fully successful in advance of the anticipated commencement of construction, it is essential that the City be prepared to initiate condemnation proceedings; and WHEREAS, payment of just compensation and costs of litigation shall be made from Capital Investment Fund project number T-007; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF NEWCASTLE ORDAINS AS FOLLOWS: Section 1. Acquisition. Acquisition of the properties generally located on the attached drawings and legally described in "Attachment A which are incorporated herein by this reference, are necessary for the public use of the City's

2 street improvement project for Newcastle Way, located in the City of Newcastle, Washington. Section 2. Authorization. The City Manager and the City Attorney are hereby authorized to commence condemnation proceedings for the properties identified in Section 1 of this Ordinance, pursuant to law. Section 3. Com~ensation. Compensation to be paid to the owners of the property identified in Section 1 of this Ordinance and costs of litigation shall be paid from Capital Investment Fund project number T-007. Section 4. Severabilitv. Should any section, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this Ordinance be pre-empted by state or federal law or regulation, such decision or pre-emption shall not affect the validity of the remaining portions of this Ordinance or its application to other persons or circumstances. This Ordinance shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days after the date of publication. Section 5. Effective Date. This Ordinance shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days after the date of publication. ADOPTED BY THE CITY COUNCIL at its Special meeting on Tuesday, July 22, A ATTEST: &leh.t,fl. &a k~ Robert H. Baker, CMC, City Clerk!& Ben Varon, Mayor AS TO FORM: Filed with City Clerk: Adopted by Council Date of Publication: Effective Date:

3 EXHIBIT A (Sheet 1 of 2) Parcel 4 TEMPORARY CONSTRUCTION EASEMENT-TAX ID NO Proceeding from the East Quarter corner of Section 28, Township 24 North, Range 5 East, W.M., City of Newcastle, King County, State of Washington, Thence S 01" 20' 16" W along the East line of the Southeast Quarter of said Section 28 a distance of feet to Southerly margin of Newcastle Way, Thence Westerly along said Southerly margin of Newcastle Way along a nontangent curve to the right that is concave to the North with a radius of feet that bears N 04" 40' 47" E to its center; Thence along the arc of said curve through a central angle of 00" 21' 00" a distance of 8.95 feet to The True Point of Beginning; Thence Easterly along the Southerly margin of Newcastle Way along a curve to the left that is concave to the North with a radius of that bears N 5" 01' 47" E to its center; Thence along the arc of said curve through a central angle of 00" 58' 35" a distance of feet; Thence S 01" 04' 10" W a distance of 8.85 feet; Thence N 88" 21' 36" W a distance of feet to the East line of the Southeast quarter of said Section 28; Thence along said East line S 01" 20' 16" W a distance of feet; Thence along a nontangent curve to the right that is concave to the North with a radius of feet that bears N 04" 37' 4 4 E to its center; Thence along the arc of said curve through a central angle of 01 55' 47" a distance of feet; Thence N 39" 15' 13" W a distance of feet; Thence along a nontangent curve to the right that is concave to the North with a radius of feet that bears N 04" 26' 13" E to its center; Thence along the arc of said curve through a central angle of 01" 38' 02" a distance of feet; Thence N 79" 44' 36" W a distance of feet; Thence N 79" 52' 40" W a distance of feet; Thence S 51" 44' 22" W a distance of feet; Thence S 26" 18' 31" E a distance of feet; Thence S 63" 41' 28" W a distance of 9.37 feet to the Easterly margin of Coal Creek Parkway; Thence along said Easterly margin N 26" 16' 09" W a distance of feet to the beginning of tangential curve to the right having a radius of feet; Thence along the arc of said curve through a central angle of 06" 59' 44" a distance of 1.83 feet;

4 EXHIBIT A (Sheet 2 of 2) Parcel 4 TEMPORARY CONSTRUCTION EASEMENT-TAX ID NO Thence N 51" 44' 21" E a distance of feet, Thence S 79" 49' 17" E a distance of feet to the beginning of a tangential curve to the left with a radius of ; Thence along the arc of said curve through a central angle of 00" 26' 55" a distance of feet; Thence along a nontangent curve that is concave to the North with a radius of feet that bears N 06" 01' 36" E to its center; Thence along the arc of said curve through a central angle of 03" 39' 31" a distance of feet to the Southerly margin of Newcastle Way and The True Point of Beginning. Containing 3558 square feet, more or less. All situate in the Northeast Quarter of the Southeast Quarter of Section 28, Township 24 North, Range 5 East, W.M., City of Newcastle, King County, State of Washington. L:\PROJECTS CURRENT\ NEWCASTLE TRANSIT\ROW\Parcel#4-TCE Newcastle Transit Station.doc

5 EXHIBIT A (Sheet 1 of 2) PARCEL 4 RIGHT-OF-WAY ACQUISITION-TAX ID NO Proceeding from the East Quarter corner of Section 28, Township 24 North, Range 5 East, W.M., City of Newcastle, King County, State of Washington, Thence S 01" 20' 16" W along the East line of the Southeast Quarter of said Section 28 a distance of feet to Southerly margin of Newcastle Way, Thence Westerly along said Southerly margin of Newcastle Way along a curve to the right that is concave to the North with a radius of feet that bears N 04" 40' 47" E to its center, Thence along the arc of said curve through a central angle of 00" 21' 00" a distance of 8.95 feet to The True Point of Beginning, Thence continuing Westerly along said Southerly margin of Newcastle Way along a curve to the right with a radius of feet that bears N 05" 01' 47" E to its center, Thence along the arc of said curve through a central angle of 05" 08' 58" a distance of feet, Thence continuing Westerly along said Southerly margin N 79" 49' 15" W a distance of feet, Thence continuing along said Southerly margin of Newcastle Way and the Easterly margin of Coal Creek Parkway SE along a curve to the left with a radius of feet that bears S 10" 10' 44". W to its center, Thence along the arc of said curve through a central angle of 119" 27' 10" a distance of feet, Thence N 51" 44' 21" E a distance of feet, Thence S 79" 49' 17" E a distance of feet, Thence along a curve to the left with a radius of feet that bears N 10" 10' 43" E to its center, Thence along the arc of said curve through a central angle of 00" 26' 5 5 a distance of feet, Thence along a nontangent curve that is concave to the North with a radius of feet that bears N 06" 01' 36" E to its center, Thence along the arc of said curve through a central angle of 03" 39' 31" a distance of feet to the Southerly margin of Newcastle Way and The True Point of Beginning. Containing 727 square feet, more or less.

6 EXHIBIT A (Sheet 2 of 2) PARCEL 4 RIGHT-OF-WAY ACQUISITION-TAX ID NO All situate in the Northeast Quarter of the Southeast Quarter of Section 28, Township 24 North, Range 5 East, W.M., City of Newcastle, King County, State of Washington. L:\PROJECTS CURRENn NEWCASTLE TRANSIT\ROW\Parcel W Newcastle Transit Station.doc

7 CONSTRUCTION EASEMENT 3558 SF MIL 01- R= '; A=05"08'58"; L=131.69' 02- N 79'49'15" W; L=70.09' 03- R=l5.OD'; A=1 19'27'10"; L31.27' 04- N 51'44'21" E; L=25.81' THE EAST LINE 05- S 79'49'15" E; L=102.07' OF THE SE%, SEC R= '; A=OO026'55"; L=10.52' 07- R= '; A=03"39'31"; L=85.44' 08- ~=1465.2r; ~=00"21~00"; ~=8.95' 09- S 01'20'16" W; L=266.93' PARCEL 04 TAX LOT NTS CITY OF NEWCASTLE PREPARED BY: EBS DATE: a0717 MECKED BY'RDC DATE: WOB0717 NEWCASTLE TRANSIT CENTER crevised BY' ROC DATE: H M H I L L

8 EXHIBIT A PARCEL 8 TEMPORARY CONSTRUCTION EASEMENT-TAX ID NO Proceeding from the West Quarter corner of Section 27, Township 24 North, Range 5 East, W. M., City of Newcastle, King County, Washington State, Thence S 01" 20" 16" W along the West line of the Southwest Quarter of said Section 27 a distance of feet and The True Point of Beginning and the beginning of a nontangent curve that is concave to the North with a radius of feet that bears N 05" 58' 1 8 E to its center; Thence along the arc of said curve through a central angle of 04" 11' 12" a distance of feet; Thence S 88" 28' 35" E a distance of feet; Thence N 57" 25' 56" E a distance of feet; Thence N 01" 43' 11" E a distance of feet; Thence N 60" 10' 24" W a distance of feet; Thence N 88" 29' 25" W a distance of feet; Thence S 49" 18' 30" W a distance of feet; Thence N 88" 30' 59" W a distance of feet; Thence N 20" 08' 57" W a distance of feet to the beginning of a nontangent curve that is concave to the North with a radius of feet that bears N 02" 36' 3 5 E to its center; Thence along the arc of said curve through a central angle of 01" 46' 39" a distance of feet; Thence S 33" 37' 06" W a distance of feet to the West line of the Southwest Quarter of said Section 27; Thence S 01" 20' 16" W along said West line a distance of 9.47 feet to The True Point of Beginning. Containing 4856 square feet, more or less. All situate in the Northwest Quarter of the Southwest Quarter of Section 27, Township 24 North, Range 5 East, W.M., City of Newcastle, King County, State of Washington. L:\PROJECTS CURRENn NEWCASTLE TRANSInROW\Parcel#8TCE Newcastle Transit Station.doc

9 EXHIBIT A PARCEL 8 RIGHT-OF-WAY ACQUISITION-TAX ID NO Proceeding from the West Quarter comer of Section 27, Township 24 North, Range 5 East, W. M., City of Newcastle, King County, Washington State, Thence S 01" W along the West line of the Southwest Quarter of said Section 27 a distance of feet to the Northerly margin of Newcastle Way and The True Point of Beginning, Thence proceeding along said Northerly margin of Newcastle Way S 88" 29' 46" E a distance of feet to the Westerly margin of 1 32nd Place SE, Thence proceeding along said Westerly margin N 57" 25' 56" E a distance of feet, Thence N 88" 28' 35 W a distance of feet, Thence along a nontangent curve that is concave to the North with a radius of feet that bears N 01" 47' 06" E to its center, Thence along the arc of said curve through a central angle of 04" 11' 12" a distance of feet, more or less, to the West line of the Southwest Quarter of said Section 27, Thence along said West line of said Southwest Quarter S 01" 20' 16" W a distance of feet to the Northerly margin of Newcastle Way and The True Point of Beginning. Containing square feet, more or less. All situate in the Northwest Quarter of the Southwest Quarter of Section 27, Township 24 North, Range 5 East, W.M., City of Newcastle, King County, State of Washington. L:\PROJECTS CURRENn NEWCASTLE TRANSIT\ROW\Parcel#& Newcastle Transit Station.doc

10 I N W ~ SW%,, SEC 27, WP 24N, RGE 5E, W.M. W CORNER SECTION 27 PARCEL 08 TAX LOT TEMPORARY CONSTRUCTION NTS vvvvv~vvv" _ 03- N 88"28'35" W; L=59.30' 04- R= A=04"11'12"; L=91.92' 05-5 Ol"20'16" W; L=10.85' '20'16" W; L=186.36' --- Q _ N E G ~ - ~ L- ~ / - ~ ~ ~ ND PLACE SE P', %' PREPARED W EBS DATE: M CHECKED BX ROC DATE: REVISED BY: ROC DATE: XH)B0717 CITY OF NEWCASTLE NEWCASTLE TRANSIT CENTER CHZMHILL

11 EXHIBIT A PARCEL 9 TEMPORARY CONSTRUCTION EASEMENT-TAX ID NO Proceeding from the West Quarter comer of Section 27, Township 24 North, Range 5 East, W. M., City of Newcastle, King County, Washington State, Thence S 01" 20" 16" W along the West line of the Southwest Quarter of said Section 27 a distance of feet to the Northerly margin of Newcastle Way; Thence proceeding along said Northerly margin of Newcastle Way S 88" 29' 46" E a distance of feet to the Westerly margin of 132"~ Place SE; Thence proceeding along said Westerly margin N 57" 25' 56" E a distance of feet to The True Point of Beginning; Thence continuing along said Westerly margin N 57" 25' 56" E a distance of 9.36 feet; Thence N 01" 30' 34" E a distance of feet; Thence N 58" 09' 40" W a distance of 8.84 feet; Thence S 01" 43' 11" W a distance of feet to The True Point of Beginning. Containing 219 square feet, more or less. All situate in the Northwest Quarter of the Southwest Quarter of Section 27, Township 24 North, Range 5 East, W.M., City of Newcastle, King County, State of Washington. L:\PROJECTS CURRENn NEWCASTLE TRANSInROW\Parcel#9TCE Newcastle Transit Slation.doc

12 NW%, S W ~ SEC, 27, TWP 24N, RGE 5E, W.M. 01- S Ol"20'16 W; L=197.21' 02- S 88"29'46" E; L=140.7Iv 03- N 5725'56" E; L=26.32" PARCEL 9 NTS /,' w % CORNER SECTION 27 EASEMENT FOR INGRESS, EGRESS & EASEMENT FIRE PROTECTION, 219 SF MIL ', WE T LINE OF THE SW % 4, $ // / - Q- i - - L.. NEWCASTLE WA y /,' / /' PREPARED BY: EBS CHECKED BY: ROC REVISED BY:ROC CAW. 20M10717 DAT5 ZW80717 DAT~ mu80717 CITY OF NEWCASTLE NEWCASTLE TRANSIT CENTER CH2MHlLL

13 EXHIBIT A (Sheet 1 of 2) PARCEL 11 TEMPORARY CONSTRUCTION EASEMENT-TAX ID NO Proceeding from the East Quarter Corner of Section 28, Township 24 North, Range 5 East, W. M., King County, Washington State, Thence S 01" 20' 16" W along the East line of the Southeast Quarter of said Section 28 a distance of feet to Northerly margin of Newcastle Way and The True Point of Beginning; Thence along said East line of said Southwest Quarter N 01" 20' 16" E a distance of feet; Thence along a nontangent curve to the right that is concave to the North with a radius of feet that bears N 04" 59' 06" E to its center; Thence along the arc of said curve through a central angle of 01" 29' 03" a distance of feet; Thence S 19" 50' 34" W a distance of feet; Thence N 79" 49' 15" W a distance of feet; Thence N 20" 02' 47" W a distance of feet to the beginning of a nontangent curve to the right that is concave to the North with a radius of feet that bears N 07" 44' 46" E to its center; Thence along the arc of said curve through a central angle of 01" 53' 3 8 a distance of feet to the Westerly line of Lot I, King county Short Plat Number as recorded under Recording Number , records of King County, Washington State; Thence along said Westerly line S 01" 20' 16" W a distance of feet to the Northerly margin of Newcastle Way; Thence along said Northerly margin S 79" 49' 15" E a distance of feet to the beginning of a tangential curve to the left having a radius of feet that bears N 07" 53' 38" E to its center; Thence continuing along said Northerly margin along the arc of said curve through a central angle of 01" 55' 22" a distance of feet and The True Point of Beginning.

14 EXHIBIT A (Sheet 2 of 2) PARCEL 1 1 TEMPORARY CONSTRUCTION EASEMENT-TAX ID NO Containing 2942 square feet, more or less. All situate in the Southeast Quarter of Section 28, Township 24 North, Range 5 East, W.M., City of Newcastle, King County, State of Washington. L:\PROJECTS CURRENn NEWCASTLE TRANSI~ROW\Parcel#IlTCE Newcastle Transit Sbtian.doc

15 EXHIBIT A PARCEL 11 RIGHT-OF-WAY ACQUISITION-TAX ID NO Proceeding from the East Quarter Comer of Section 28, Township 24 North, Range 5 East, W. M., King County, Washington State, Thence S 01" 20' 1 6 W along the East line of the Southeast Quarter of said Section 28 a distance of feet to The True Point of Beginning, Thence continuing along said East line of said Southwest Quarter S 01" 20' 1 6 W a distance of 2.42 feet to the Northerly margin of Newcastle Way, Thence N 79" 49' 15" W along said Northerly margin a distance of feet, Thence along the arc of a nontangent curve that is concave to the Northeast with a radius of feet that bears N 07" 53' 4 0 E to its center, Thence along the arc of said curve through a central angle of 01" 55' 22" a distance of feet to the East line of said Southeast Quarter and The True Point of Beginning. Containing 46 square feet, more or less. All situate in the Southeast Quarter of Section 28, Township 24 North, Range 5 East, W.M., City of Newcastle, King County, State of Washington. L:\PROJECTS CURRENn NEWCASTLE TRANSIT\ROW\Parcel #ll newcastle Transit SLation.doc

16 NE %, SE %, SEC 28, W P 24N, RGE 5E, W.M. E % CORNER PARCEL 1 1 b ' SECTION 28 TAX LOT K4 -t N' 1 NTS 01- N Ol"20'16" E; L=186.36' 02- S 01 "20'1 6" W; L=2.42' 03- N 79"49'15" W. L=42.52' 04- R=1258 A=0lo55'22"; L=42.22' A PREPARED BY: E8S DATE: CHECKED BYRM: DATE 2W807IT REVISED BYROC DATE: m 7 1 l TEMPORARY CONSTRUCTION EASEMENT 2942 SF MIL _ - NEWCASTLE WA CITY OF NEWCASTLE NEWCASTLE TRANSIT CENTER -_ Q- - CHZMHILL