ORDINANCE NO. 455
AN ORDINANCE of the City Council of the City of Lakewood, Washington, authorizing the acquisition of real property under threat of condemnation or by condemnation for the purpose of constructing roadway improvements
WHEREAS, the City of Lakewood has identified a roadway project to maintain and improve Bridgeport Way SW, 59th Avenue SW and Steilacoom Boulevard SW in compliance with goals announced in the City?s Comprehensive Plan; and,
WHEREAS, this project will involve public safety and traffic safety improvements, constructing sidewalks, constructing a shared bicycle-vehicle lane, widening a roadway to accommodate a continuous left turn lane, and upgrades to five traffic signals; and,
WHEREAS, the City has identified properties necessary to accomplish this project, has commissioned appraisals to determine the fair market value of necessary properties, and has in good faith negotiated with property owners for the acquisition of such property; and,
WHEREAS, the City has been unable to reach a negotiated resolution with the owners of two properties necessary to the project; and,
WHEREAS, this project would benefit the public through increased pedestrian and motor vehicle traffic safety; and,
WHEREAS, while this Ordinance does authorize condemnation, the City Council does hereby express its intent that negotiations continue in regard to these properties and that legal action be employed only if further negotiations are not productive; and,
WHEREAS, pursuant to RCW Chapter 8.25, the owners of the two properties identified for potential condemnation through this ordinance were provided notice prior to this action through regular US mail, through certified mail and through publication once per week for two weeks prior to enactment of this Ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKEWOOD, WASHINGTON DO ORDAIN as follows:
Section 1. To fulfill the public purposes of the roadway project to improve Bridgeport Way SW, 59th Avenue SW and Steilacoom Boulevard SW, the City Council of the City of Lakewood does authorize the condemnation of the portions of properties identified on ?Exhibit A,? attached hereto and incorporated herein by this reference. In this matter the City Council does authorize the acquisition of these properties under threat of condemnation or by initiation of legal action for condemnation to acquire the fee interests or such easement interest in the property as necessary for the commencement and completion of said project.
Section 2. The City of Lakewood City Council finds that construction of the improvements for roadway and traffic safety is a public use, and that construction of the project is necessary and in the best interests of the citizens, motorists and pedestrians within the City of Lakewood.
Section 3. Nothing in this ordinance limits the City in its identification and acquisition of property and property rights necessary for this public purpose. The City reserves the right to acquire additional or different properties as needed for the roadway improvement project.
Section 4. The City Manager, by and through his designees, is authorized and directed to begin and prosecute actions and proceedings in the manner provided by law to condemn, take, damage and appropriate the lands and other property necessary to carry out the provisions of this ordinance. In conducting said condemnation proceedings, the Lakewood City Attorney is hereby authorized to enter into stipulations and negotiations for the purpose of acquiring lands and property interests and minimizing damages.
Section 5. The City Manager is hereby authorized to settle condemnation litigation or enter into settlements as necessary for the acquisition of the property described in ?Exhibit A.? Such settlements shall be made only upon the recommendation of legal counsel and for amounts deemed to be a reasonable estimation of fair market value.
Section 6. The compensation to be paid to the owners of property acquired through this condemnation action shall be paid from the General Fund of the City or from such other monies that the City may have available or attain for the acquisition.
Section 7. If any provision of this Ordinance or its application to any person or circumstance is held invalid, the remainder of this Ordinance or the application of the provision to other persons or circumstances shall not be affected.
Section 8. Because the authority to condemn property for public purposes is granted to the municipal jurisdiction rather than to its citizens, initiative and referendum do not apply to this Ordinance, and therefore this Ordinance shall be in full force and effect five (5) days after publication of the Ordinance Summary, as required by law.
ADOPTED by the City Council this 17th day of September, 2007.
CITY OF LAKEWOOD
Dr. Claudia B. Thomas, Mayor
Alice M. Bush, MMC, City Clerk
Approved as to Form:
Heidi Ann Wachter, City Attorney
PROPERTIES IDENTIFIED FOR CONDEMNATION
THROUGH ORDINANCE NO. 455
The City of Lakewood does identify the following property for condemnation:
- Property Address: 6103 Fairlawn Drive SW, Lakewood, Washington
Property Owner: Howard C. Dahl
Parcel No. 5130000520
Amount of Property Subject to Condemnation: 1,378 sq. ft.
(Pages 2 and 3 of this exhibit include an exhibit map, showing the proposed condemnation in relation to the entirety of this parcel, and a legal description of the right of way necessary to the roadway improvement project.)
- Property Address: 6102 Steilacoom Boulevard SW, Lakewood, Washington
Property Owner: Brian Brennan
Parcel No. 5130000300
Amount of Property Subject to Condemnation: 2,593 sq. ft.
(Pages 4 and 5 of this exhibit include an exhibit map, showing the proposed condemnation in relation to the entirety of this parcel, and a legal description of the right of way necessary to the roadway improvement project.)
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