945 Eminent Domain SW Well 1A (2)ORDINANCE N0.945
AN ORDINANCE 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 as
required for the purpose of obtaining and providing water to supply to
the City of Yelm water system for domestic water use and
consumption; declaring public use and necessity of certain real
property and/or easements; authorizing the filing of a petition for
condemnation in Thurston County Superior Court and the prosecution
of the same.
THE CITY COUNCIL OF THE CITY OF YELM, WASHINGTON, DOES
HEREBY ORDAIN as follows:
Section 1. RECITALS AND FINDINGS.
1.1 The City of Yelm ("City") is anon-charter Code city located in Thurston County,
Washington.
1.2 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.
1.3 The City is located within a critical water service supply area, defined in Chapter
246-290 WAC as "a geographical area which is characterized by a proliferation of
small, inadequate water systems, or by water supply problems which threaten the
present or future water quality or reliability of service in such a manner that
efficient and orderly development may best be achieved through coordinated
planning by the water utilities in the area."
1.4 The City's 2010 Water System Plan ("Water Plan") states that the City will need
to develop additional wells with related storage and treatment structures to meet
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the demands of the system as it grows. The Water Plan further acknowledges
development of the SW Wellfield is necessary to maintain adequate source
capacity for the 6- and 20-year planning horizons.
1.5 The Water Plan includes the development of SW Yelm Well lA and related
infrastructure, including storage and treatment, as a task in the six-year
improvement schedule.
1.6 The City has made efforts to acquire the property necessary for this public use by
negotiation and agreement; however, to date such efforts have been unsuccessful.
1.7 It is the intent of this ordinance to authorize condemnation proceedings, but
maintain the continued opportunity to acquire the property through a negotiated
acquisition.
1.8 The foregoing creates a need for immediate action to obtain the property and
property rights described herein to meet the City's water system needs.
1.9 The City is authorized to condemn real property both within and without the City
limits by RCW 35.92.010, RCW 8.12.030, and/or RCW 90.03.040. The City has
provided mailed and published notice of the City Council's consideration of this
ordinance, as required by law.
Section 2. 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.
Page - 2
Section 3. PROPERTY FOR PUBLIC USE-JUST COMPENSATION.
All property rights, including all of the right, title, and interest to property 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 4. RESERVATION.
Nothing in this ordinance limits the City in its identification and acquisition of property and
property 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 6. PROSECUTION.
6.1 The City Attorney, and any Special Assistant City Attorneys, 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 for 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,
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including the reduction in the rights or modification of the interest to be acquired
by the City consistent with the purposes of this Ordinance.
6.2 The Mayor, in consultation with the City's legal counsel, is authorized to make
such 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 7. CODIFICATION.
This Ordinance shall not be codified in the Yelm Municipal Code.
Section 8. EFFECTIVE DATE.
This Ordinance shall be in full force and effect five (5) days after passage and publication as
provided by law.
ADOPTED this 13t" day of September, 2011, and signed in authentication thereof on this
13th day of September, 2011.
CITY OF YELM
~~
G, ~~
Ron Hard' g, Mayor
ATTEST:
nine Schnepf, City C rk
Approved as to Form:
~ ~ ~~
P. Step n DiJulio, Legal Counsel
Effective: September 28, 2011
Published: September 23, 2011
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Exhibit A
Tract F of the City of Yel m Boundary Li ne Adj ust Trent recorded July 31, 2008
under Auditor's Fi 1 e No. -t 02 7 010, records of the Thurston County Auditor, i n
t he St ate of V1~shi ngt on,
Toget her with that portion of Tract A of the City of Yel m Boundary Li ne
Adj ust rant recorded July 31, 2008, under Auditor's Fi 1 e No.1027010, records
of the Thurston County Auditor, i n the St ate of Vh{shi ngt on, described as
follows:
Corrrrenci ng at the Northwest corner of the East half of the Sout beast quarter
of Section 23, Township 17 North, Range 1 East , V1i 1 1 arret t e I1er i di an; thence
South O1 °-10'3-1" Vl~st al ong the Vest 1 i ne of said East hal f, a distance of
1629. 9-1 feet t o the Sout hwest corner of said Tract A; thence South 89°] 0'~9"
East along the South 1 i ne of said Tract , a distance of 558.38 feet t o the nest
Bout herl y corner comron t o Tracts A and F of said Boundary Li ne Adj ust Trent ,
being a poi nt of cusp on a curve concave t o the northeast havi ng a radi us of
28. 00 feet, which bears North 00°-19'15" East and a central angle of 90°00'01"
and being subtended by a chord which bears North -1-1°10'5" Vest 39.60 feet;
thence along the 1 i ne comron t o said Tracts A and F t he fol l owi ng courses
westerly, northwesterly and northerly along said curve, a distance of -13. 98
feet ; thence North 00°-19' 16" East tangent t o said curve, a distance of 32. O1
feet t o the begi nni ng of a curve tangent t o said 1 i ne; thence norther 1 y a
distance of 28. 89 feet along the curve concave t o the west , havi ng a radi us of
15-1. 50 feet and a central angle of 10°-12'56" t o a poi nt of reverse cur vat ure;
thence norther 1 y a distance of 5. 95 feet al ong the arc of said curve concave
t o the east havi ng a radi us of 28. 00 feet and a central angle of 12 ° 1 0' S9" t o
t he Point of Beginning of this description; thence departing from said comron
I i ne, North 02°17' 1 9" East tangent t o said curve, a distance of 83. ~3 feet t o
t he begi nni ng of a curve concave t o the northwest having a radi us of 130. 50
feet, which bears North 16°08'19" V~kst and a central angle of 1~°-18'23" and
being subtended by a chord which bears North 66°38'23" East 33.63 feet;
thence easterly and northeasterly al ong said curve, a distance of 33. ?2 feet
t o a poi nt of reverse cur vat ure; thence northeasterly and east er 1 y a distance
of 351. 78 feet al ong the arc of said curve concave t o the south havi ng a
radi us of 6-12. 00 feet and a central angle of 31 °23'-10" t o a poi nt of cusp on
t he 1 i ne cornmn t o Tracts A and ~ of said Boundary Li ne Adj ust Trent ; thence
South O1 °-10'08" V1~st al ong said comron 1 i ne, a distance of 60. O1 feet t o the
East corner commn t o Tracts A and F of said Boundary Li ne Adj ust ment , at the
begi nni ng of a curve concave t o the south havi ng a radi us of 582. 00 feet ,
which bears South 00°31'26" V~kst and a central angle of 31°17'15" and being
subtended by a chord which bears South 7-1°52'-18" V~kst 313. 88 feet; thence
along the 1 i ne comron t o said Tracts A and F t he fol 1 owi ng courses : west erl y
and sout hwest erl y along said curve, a distance of 317. 81 feet t o a poi nt of
reverse curvature; thence southwesterly and westerly a distance of -18.63 feet
along the arc of said curve concave t o the port hwest havi ng a radi us of 1 90. 50
feet and a central angle of 1-1°3%'30" to a point of cusp on a curve, from
which the radius point bears South 15°-il'1 7" East; thence westerly,
southwesterly and southerly, a distance of 35.20 feet al ong the arc of sai d
curve concave to the southeast having a radius of 28.00 feet and a central
angle of 72 °O1 '2~" t o the Poi nt of Begi nni ng. Cont ai ni ng 23, 2~6 square feet ,
~mre or 1 ess.
Situate i n the City of Yel trt County of Thurston and State of V1~shi ngt on.
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ORDINANCE SUMMARY
CITY OF YELM
ORDINANCE NO. 945
AN ORDINANCE 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 as required for the
purpose of obtaining and providing water to supply to the City of Yelm
water system for domestic water use and consumption; declaring public
use and necessity of certain real property and/or easements;
authorizing the filing of a petition for condemnation in Thurston County
Superior Court and the prosecution of the same.
~~~~~
Janine Schnepf
City Clerk
Passed and Approved: September 13, 2011
Published: Nisqually Valley News, September 23, 2011
Effective Date: September 28, 2011