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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