914 Eminent Domain CITY OF YELM
ORDINANCE NO. 914
AN ORDINANCE of the City Council of the City of Yelm, Washington relating to
eminent domain; providing for the condemnation, appropriation, taking, and
damaging of certain real property and/or easements and/or water rights for the
purpose of obtaining water to supply to the City of Yelm water system customers
for domestic water use and consumption; declaring public use and necessity of
certain real property and/or easements and/or water rights; authorizing the filing
of a petition for condemnation in Thurston County Superior Court and the
prosecution of the same.
WHEREAS, the City of Yelm ("City") is anon-charter Code city located in Thurston County,
Washington; and
WHEREAS, The City operates a municipal water system for the purpose of supplying water for
domestic use and consumption to Yelm residents, business owners, and other water system
customers within and without the City; and
WHEREAS, The City's 2002 Comprehensive Water Plan ("Water Plan") states that the City will
need to acquire additional water rights to meet the demands of the system as it grows. The
Water Plan further acknowledges that a service goal of the Yelm Water Department is to
"Actively seek additional water rights and sources." ;and Pursuit of water service goals is
intended to fulfill the City's duty as water system operator to provide water within its designated
service area and to fulfill the City's obligations under the Growth Management Act to meet
projected water demands of future planned growth; and
WHEREAS, The Water Plan includes the acquisition of water rights as a task in the six-year
improvement schedule; and
WHEREAS, The Nisqually Watershed Management Plan, developed by local communities,
stakeholders, and state agencies under the leadership of the Nisqually Tribe, recommends
transfers of existing water rights to meet the short-term and medium-term water needs of
communities, including the City, in the Nisqually Watershed; and
WHEREAS, The City has made a significant commitment of time and resources to secure
additional water rights pursuant to the recommendations of its adopted Water Plan and the
adopted Nisqually Watershed Management Plan; and
WHEREAS, Owners of water rights described in this ordinance co-signed an application for
regulatory transfer of water rights to the City of Yelm; and
WHEREAS, The City has made efforts to acquire the property rights necessary for this public
use by negotiation and agreement, however to date such efforts have been unsuccessful; and
WHEREAS, The City requires additional water rights in order to continue to serve its growing
community and to avoid a moratorium on future development; and
WHEREAS, It is the intent of this ordinance to authorize condemnation proceedings, but
maintain the continued opportunity to acquire the property through a negotiated acquisition; and
WHEREAS, The Water Plan and the other foundation set forth herein demonstrates the need
for immediate action to obtain the water rights and other property described herein to meet the
City's water system needs; and
WHEREAS, The City is authorized to condemn water rights and real property both within and
without the City limits by RCW 35.92.010, RCW 8.12.030, and/or RCW 90.03.040;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YELM, WASHINGTON, DOES
ORDAIN AS FOLLOWS:
Section 1. Public use and necessity declared.
The City Council hereby recognizes and finds that the public necessity and convenience
demand that additional water supply be obtained and improvements constructed and
maintained to convey water into the City water system for the domestic use and consumption of
City of Yelm residents and other City water system customers. The City Council further hereby
recognizes and finds that property described in the attached Exhibit "A", which is incorporated
herein by this reference as if fully set forth, is necessary to the public use for the City's water
system.
Section 2. Property for public use -just compensation.
All water rights, including all of the right, title, and interest to water described in Exhibit "A"
hereof, and attendant real property interests, if any, are hereby condemned, appropriated, taken
and damaged for the purpose of the public uses described in Section 2 above; and, all lands,
rights, privileges and other properties are to be taken, damaged and appropriated only after just
compensation has been made, or paid into court, for the owners thereof in a manner provided
by law.
Section 3. Reservation.
Nothing in this ordinance limits the City in its identification and acquisition of property and water
rights necessary for the public uses identified herein. The City reserves the right to acquire
other or different properties for the City's water system. Nothing in this ordinance shall be
construed as a waiver by the City of Yelm of its right to decline to take and pay for said
properties after the amount of damages has been ascertained and within the time allowed by
law.
Section 4. Prosecution.
The City Attorney, and any Special Assistant City Attorney, is hereby authorized and directed to
commence condemnation proceedings against the owners or reputed owners of the above
described lands and improvements as provided by law, to prepare the necessary petition in
condemnation and to commence and prosecute such action in the Superior Court of
Washington in and far the County of Thurston against all of the owners or reputed owners of the
above described property and to acquire title thereof for the City of Yelm, and in such
proceedings to ascertain the just compensation for taking or damaging such property. In
conducting said condemnation proceedings, the City's legal counsel are hereby authorized to
enter into stipulations for the purpose of minimizing damages, including the reduction in the
rights or modification of the interest to be acquired by the City.
The City Administrator, in consultation with the City's legal counsel, is authorized to make minor
amendments to the legal description of properties described in the attached Exhibit "A° as may
become necessary to correct scrivener's errors and/or to conform the legal description to the
precise boundaries of the rights acquired hereunder.
Section 5. Effective Date,
This Ordinance shall be in full force and effect true {S) days after passage and publication as
provided by law,
ADOPTED BY the City Council of Yeim, Washington, this 10`h day of November, 2009 and
signed in authentication t eof this 10th day of November, 2009.
Ron Harding, ayor
ATTEST:
/ I'
J me Schnepf, City Cle l
Approved as to Form: /
t Dille, City Attorney -
Date of Publication: November 20, 2009
Effective Date: November 25, 2009
EXHIBIT A
ORDINANCE NO. 914
DESCRIPTION OF PROPERTY
A. All Water Rights under Certificate of Water Right No. G2-21613C; Certificate of
Ground Water Right No. G2-0079X; and, Notice of Water Right (May 13, 1914)
and Certificate of Change of Point of Diversion and Place of Use of Water (June
20, 1949) (collectively, the "Water Rights"). (Copies of the Water Rights are
attached hereto). Together with all claims of right or interest in the Water Rights
appurtenant to the real property located within Government Lots 2 and 3, Section
5, Township 16 North, Range 2 East, W.M.; and, within the South '/2 of the
Southwest'/4, Section 32, Township 17 North, Range 2 East, W.M.
B. The right of the City of Yelm to access the property described in Section A,
above, to carry out any investigations or surveys necessary to the City's
acquisition of the Water Rights and any property interests identified herein.
C. Reserving to and for the McMonigle Properties water rights in the annual amount
of 28 acre-feet for multiple domestic or municipal supply purposes; water rights
for irrigation of 40 acres; and, any water rights for stockwatering purposes that
may be appurtenant to the land.
Exhibit A
51027942.1