977 Eminent Domain MosmanCITY OF YELM
ORDINANCE NO. 977
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 for the
purpose of constructing the Mosman Avenue Improvement Project;
declaring public use and necessity for 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.
WHEREAS, the City of Yelm ( "City ") is a non - charter Code city located in Thurston
County, Washington; and
WHEREAS, the City, in addition to other transportation planning requirements, is
required to identify a six year list of planned projects under RCW 35.77.010 in order to
provide efficient transportation systems to meet current and future growth consistent
with the goals of the Growth Management Act; and
WHEREAS, the Mosman Avenue Improvement Project ( "Project ") is part of the City's
adopted transportation improvement plan; and
WHEREAS, in order to complete necessary Project improvements it has been
determined that the City must acquire certain property rights as further described in
Exhibit "A "; and
WHEREAS, the City has made a significant commitment of time and resources to
proceed with the Project improvements; and
WHEREAS, the City has negotiated and will continue to negotiate the purchase of all
necessary property rights for the Mosman Avenue Project from property owners; and
WHEREAS, the City Council of the City of Yelm finds that said properties are critical to
the Project and it is in the best interest of the public to acquire such properties and /or
property interests; and
WHEREAS, the funds necessary to acquire the properties by voluntary purchase or to
pay just compensation after or in lieu of condemnation shall be paid from City of Yelm
funds; and
WHEREAS, the City has provided written and published notice, as required by law, of
the meeting when this ordinance would be considered;
Page 1 of 3
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 property rights be obtained and improvements constructed and
maintained to complete the Mosman Avenue Improvement Project for the public health,
safety, and welfare of City of Yelm residents. 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 transportation system and other municipal purposes.
Section 2. 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 1 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
rights necessary for the public uses identified herein. The City reserves the right to
acquire other or different properties for the City's transportation 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 for the County of Thurston against all of the
owners or reputed owners of the above described property and to acquire title thereof
Page 2 of 3
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 five (5) days after passage and
publication as provided by law.
ADOPTED BY the City Council of Yelm, Washington, this 10th day of September, 2013
and signed in authentication thereof this day of
Ron Hardir4, Mayor
ATTEST:
Jan' a Schnepf, City Clerk
Approved as to Form:
P. Stephen DiJulio, Special Assistant City
Attorney
Date of Publication: Sep _1:;Y1uXb1r 2.D/ ;Lois
Effective Date: SeptembeF18, 2913 ��U'r 1)1e- �� M/3
Page 3 of 3
EXHIBIT A
ORDINANCE NO. 977
DESCRIPTION OF PROPERTY
401 First Street SE; 403 First Street SE; and 405 First Street SE, Yelm, Washington,
Tax Parcel No.s': 227 -19- 332500, 227 -19- 331000 and 227 -19- 330900, more completely
described as follows:
Parcel A:
Parcel A of Boundary Line Adjustment No. BLA- 988222YL, as recorded November 19,
1998 under Auditor's File No, 3192996.
Parcel B:
That portion of the Southwest quarter of the Southwest quarter of Section 19, Township
1 7 North, Range 2 East, W.M.; bounded on the Northwest by the Southeast line of
Northern Pacific Railroad right of way, bounded on the Southeast by the Northwest line
of 1st Street (Secondary State Highway 5 -H), bounded on the Northeast from a point
being South 49 °54' West 1,015.24 feet from a stone monument at the intersection of the
center lines of First Street and Yelm Avenue in Mackenzies First Addition to Yelm;
thence North 52 °02' West 50.00 feet, more or less, to the Northwest line of 1st Street
and a point being the Southeast corner of Lot 4, Block 1 of McKenzies Third Addition to
Yelm (unrecorded) said point being the point of beginning of said Northeast boundary;
thence North 52 °02' West to the Southeast line of the Northern Pacific Railroad right of
way and bounded on the Southwest by the Northeast line of the land described in deed
to J.W. Cullens recorded February 7 , 1948 under Auditor's File No. 431087;
EXCEPTING THEREFROM that portion if any lying within Mosman Road,
ALSO EXCEPT that portion conveyed to the City of Yelm by deed recorded under
Auditor's File No.3172486.
Parcel C:
That portion of the Southwest quarter of the Southwest quarter of Section 19, Township
17 North, Range 2 East, W.M.; bounded on the Northwest by the Southeast line of
Northern Pacific Railroad right of way, bounded on the Southeast by the Northwest line
of 1st Street (Secondary State Highway 5 -H), bounded on the Northeast by the
Southwest line of the land described in deed to Glenn A. Johnson recorded May 18,
1948 under Auditor's File No. 435180; and bounded on the Southwest from a point
being South 49 °54' West 1,095.45 feet from a stone monument at the
intersection of the centerline of First Street and Yelm Avenue in McKenzies 1 st Addition
to Yelm;
Exhibit A
51027942.1
thence North 52 °02'West 50.00 feet, more or less, to the Northwest line of First Street
and a point being the Southwest comer of Lot 5, Block 1 of McKenzie's Third Addition to
Yelm (unrecorded) said point being the true point of beginning of the said Southwest
boundary; thence North 52 °02' West to the Southeast line of the Northern Pacific
Railroad right of way.
In Thurston County, Washington.
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 said property and any property interests identified herein.
Exhibit A
51027942.1