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ORD 18-008ORDINANCE NO. 18-008 AN ORDINANCE condemning for public street purposes certain land lying within the City of Camas for the purpose of constructing NW Larkspur Street; THE COUNCIL OF THE CITY OF CAMAS DO ORDAIN AS FOLLOWS: Section I The City Council of the City of Camas hereby makes the following findings: A. The City desires to undertake a street improvement project ofNW Larkspur Street from NW Camas Meadows Drive to NW Lake Road ("the street improvement project"). B. NW Camas Meadows Drive and NW Larkspur Street are classified as arterial streets whose function is to serve as a primary route to and from the commercially, industrially, and residentially zoned properties in Northwest Camas. C. At full buildout of the City Street, Larkspur is projected to carry over 10,000 vehicles per day. D. NW Larkspur Street is currently an under improved arterial consisting of two lanes and no improved shoulders or other related facilities. E. The street improvement project proposes to widen NW Larkspur Street to three lanes between NW Camas Meadows Drive and NW Lake Road. F. The street improvement project further includes construction of curbs, gutters, bike lane, sidewalks, street lighting, traffic signal upgrade, and storm water collection and treatment. G. The street improvement project is consistent with the City of Camas 20-Year Growth Management Plans. H. The properties described in Exhibits "A", "B", and "C" attached hereto and by this reference incorporated herein abut the street improvement project ("the subject real properties"). Ordinance No. 18-008 Page 2 I. The City has been unsuccessful in its attempts to acquire the subject real properties by negotiation. J. The street improvement project constitutes a public use under the provisions of RCW 8.12.030. K. The subject real properties are necessary for completion of the street improvement project. L. Pursuant to RCW 8.25.290, the City published and mailed notice to the property owners of the subject real properties this ordinance authorizes to be condemned, advising such owners that a final decision condemning the required properties would be made at the April 16, 2018, Camas City Council meeting. M. Any and all interested parties had the opportunity to address the Camas City Council on this subject at the April 16, 2018, meeting. Section II The City of Camas hereby is authorized to condemn the property and property interests for public improvements under RCW 8.12.030. Nothing in this Ordinance limits the City in its acquisition of property and property rights necessary for the purposes outlined in this Ordinance. The City reserves the right to acquire other or different properties for the street improvement project. Section III The City of Camas hereby condemns for public street purposes the properties described in Exhibits "A", "B", and "C" attached hereto and by this reference incorporated herein. Condemnation of the properties is subject to the making or paying of just compensation to the owners in the manner provided by law. Ordinance No. 18-008 Page 3 Section IV Compensation for the subject real properties shall be paid from the NW Larkspur Street Project Fund of the City, and not by special assessment upon properties benefitted by such acquisition. Section V The City Attorney is hereby authorized and directed to begin and prosecute the proceedings provided by law to condemn, take, and appropriate the interests necessary to carry out the provisions of this ordinance, and is further authorized in conducting said condemnation proceedings, and for the purpose of minimizing damages, to stipulate as to the use of the properties hereby authorized to be condemned and appropriated, and as to the reservation of any right of use of the owner or any person entitled to possession of the properties, provided that such reservation does not interfere with the use of said properties as provided in this ordinance. Section VI The City Council hereby finds and declares that an emergency exists, and this is a matter of urgency which necessitates that this ordinance become effective imm iately, in order to preserve the PASSED by the Council and APPROVED by the Mayor Clerk APPROVED as to form : City Attorney EXHIBIT A LEGAL DESCRIPTION RIGHT OF WAY -FEE ACQUISITION NW LARKSPUR STREET CITY OF CAMAS PROJECT NUMBER S-604 TUPIKOV (SOUTH) A parcel of land lying in the Southeast Quarter of the Southwest Quarter of Section 28, Township 2 North, Range 3 East, Willamette Meridian, City of Camas, Clark County, Washington and being a portion of that property described in that Bargain and Sale Deed to Sergey Tupikov and Svetlana Tupikova, recorded October 05, 2001, lliJ.der Auditor's File Number 3376682, Clark County deed records; said parcel being th~t portion of said property included in a strip of land 40.00 feet in width, lying on the Westerly side of the center line of NW Larkspur Street, which center line is described as follows: B~oinning at Engineer's center line station 10+00.00, said point being 266.01 feet South and 1.14 feet West of the Southwest comer of Tract C, Larkspur Estates Phase 1, recorded in Book 311 of plats, Page 358; thence North 01°04'16" East a distance of97.59 feet; thence on a 150.00 foot radius curve to the left, through a central angle of 27°32'34", an arc distance of 72.11 feet to a point of reverse curvature; thence on a 150.00 foot radius curve to the right, through central angle of 27°52'11", an arc distance of 72.96 feet; thence North 01°23'52" West a distance of 436.45 feet to an angle point in the most Westerly line of said Larkspur Estates Phase 1; thence North 01°22'44" West along said line of Larkspur Estates Phase 1 a distance of 336.66 feet to an angle point in said line, said point being common with an angle point in the most Westerly line of Larkspur Estates Phase 2, recorded in Book 311 of plats at Page 401 ; thence North 01°22'44" West along said line of Larkspur Estates Phase 2 a distance of 351.87 feet to Engineer's center line station 23+67.64. Bearings are based upon the Washington State Coordinate System 1983(2011) epoch 2010.0, south zone. This parcel of land contains 1,553 square feet, more or less . Page 1 of3 EXHIBIT~ LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT NW LARKSPUR STREET CITY OF CAMAS PROJECT NUMBER S-604 TUPIKOV (SOUTH) A parcel of land lying in the Southeast Quarter of the Southwest Quarter of Section 28, Township 2 North, Range 3 East, Willamette Meridian, City of Camas, Clark County, Washington and being a portion of that property described in that Bargain and Sale Deed to Sergey Tupikov and Svetlana Tupikova, recorded October OS, 2001, under Auditor's File Number 3376682, Clark County deed records; said parcel being that portion of said property lying northerly of a line at right angles to the center line of NW Larkspur Street at Engi..neer's center line station 12+50.00, and included in a strip of land 62 .00 feet in width, lying on the Westerly side of said center line of NW Larkspur Street, which center line is described as follows: Beginning at En.,,o:ineer's center line station 10+00.00, said point being 266.01 feet South and 1.14 feet West of the Southwest comer of Tract C, Larkspur Estates Phase 1, recorded in Book 311 of plats, Page 358; thence North 01°04'16" East a distance of97.59 feet; thence on a 150.00 foot radius curve to the left, through a central angle of 27°32'34", an arc distance of 72 .11 feet to a point of reverse curvature; thence on a 150.00 foot radius curve to the right, through central angle of 27°52'11", an arc distance of 72 .96 feet; thence North 01°23'52" West a distance of 436.45 feet to an angle point in the most Westerly line of said Larkspur Estates Phase 1; thence North 01°22'44" West along said line of Larkspur Estates Phase 1 a distance of 336.66 feet to an angle point in said line, said point being co.m..-non with an angle point in the most Westerly line of Larkspur Estates Phase 2, recorded in Book 311 of plats at Page 401; thence North 01°22'44" West along said line of Larkspur Estates Phase 2 a distance of 351.87 feet to Engineer's center line station 23+67.64. E.,'CCEPT therefrom that portion of said property included in a strip ofland 40.00 feet in width, lying on the Westerly side of the center line of NW Larkspur Street, which center line is described above. Bearings are based upon the Washington State Coordinate System 1983(2011) epoch 2010.0 , south zone. (1 11 .... 1 ..... This parcel of land contains 2,625 square feet, more or less . Page 2 of3 c::l c::l SINGH, BHARWINDER & MINHAS, KAMLESH 3717 NW LAl<E RD, CAMAS, 98607 LOT: 175965000 OFFSET: 40.00' L TUPIKOV, SERGEY 5905 NW LARKSPUR ST, CAMAS, 98607 LOT: 175966000 "" . • • 0 .. 1 o.. I 13+00 ~ ti=2Ts1 3 L-_ 1 __ _ \ 2 96 R=150.00 ,:..: ~ z-)!:::::::= ....-1----I \ ·2.-1-00 ---r 1 - 0 40 BO / _,,./_,,., NW LAR KSPUR ST. ... ·M 'A ---' _,.../ t ..-.. ~ ------~ PROPERTY! 5905 NW l.ARl<SPUR ST COMMUNITY DEVELOPMENT ENGINEERING DEPARTMENT PONCE, JAY 5955 NW LARKSPUR ST, CAMAS, 98607 OFFSET : 62 .00' L OFFSET: 40 .00' L ENGINEER'S CENTER LINE "NW LARl<SPUR ST." LOT: 175964000 V'X"S<'YI FEE 14+oo l2S.2S.2S.Lj ACQUISITION 1 s+oo I --1 LARKSPUR IT///] TEMPORARY CONSi'RUCTION '-~-L// __ ,_ // _L].J__J EASEMENT CAMAS, WA 98607 APN: 175966000 AFN: 3376682 SW 1/4 SEC. 28 TOWNSHIP 2 NORTH RANGE 3 EAST, WILLAMffiE MERIDIAN CllY OF CAMAS, CLARI< COUNlY, WASHINGTON CAMAS PROJEC1' NO. //S-6041 STREET IMPROVEMENTS I • r -· 1-... I -TEMPORARY CONSTRUCTI ON EASEMENT AN D FEE RIGHT -OF-WAY ACOUISmON OWNER I 11JPIKOV, BERGEY NAME/ 2016 NW 7TH AVE 616 NE ~TH AVEllUE CAMAS, WASHINGTOll 90607 EXHIBIT ·~ PAGE 3 OF 3 >--~~~~~~~ 700 WASHlllGTOll ST, STE 401 VMICOUVER, \'IA 90660 {360)7l7-D613 ADDRESS CAMAS, WA 98607 (360)034-3451 I BY: !.!DR DNrn: oc•r. rn, 201? FAX (360)737-9651 EXHIBITB LEGAL DESCRIPTION RIGHT OF WAY -FEE ACQUISITION NW LARKSPUR STREET CITY OF CAMAS PROJECT NUMBER S-604 PONCE A parcel of land lying in the Southeast Quarter of the Southwest Quarter of Section 28, Township 2 North, Range 3 East, Willamette Meridian, City of Camas, Clark County, Washington and being a portion of that property described in that Bargain and Sale Deed to Jay and Vicki Ponce recorded September 12, 2003 under Auditor's File Number 3715574, Clark County deed records; the said parcel being that portion of said property included in a strip of land 40.00 feet in width, lying on the Westerly side of the center line of NW Larkspur Street, which center line is described as follows: Beginning at Engineer's center line station 10+00.00, said point being 266.01 feet South and 1.14 feet West of the Southwest comer of Tract C, Larkspur Estates Phase 1, recorded in Book 311 of plats, Page 358; thence North 01°04'16" East a distance of 97 .59 feet; thence on a 150 .00 foot radius curve to the left, through a central angle of 27°32'34", an arc distance of 72.11 feet to a point of reverse curvature; thence on a 150 .00 foot radius curve to the right, through central angle of 27°52'11", an arc distance of 72.96 feet; thence North 01°23'52" West a distance of 436.45 feet to an angle point in the most Westerly line of said Larkspur Estates Phase 1; thence North 01°22'44" West along said line of Larkspur Estates Phase 1 a distance of 336.66 feet to an angle point in said line, said point being common with an angle point in the most Westerly line of Larkspur Estates Phase 2, recorded in Book 311 of plats at Page 401; thence North 01°22' 44" West along said line of Larkspur Estates Phase 2 a distance of 351.87 feet to Engineer's center line station 23+67.64. Bearings are based upon the Washington State Coordinate System 1983(2011) epoch 2010.0, south zone. This parcel ofland contains 3,113 square feet, more or less . Page 1of3 EXHIBITB LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEJ\1ENT NW LARKSPUR STREET CITY OF CAMAS PROJECT NUMBER S-604 PONCE A parcel ofland lying in the Southeast Quarter of the Southwest Quarter of Section 28, Township 2 North, Range 3 East, Willamette Meridian, City of Camas, Clark County, Washington and being a portion of that property described in that Bargain and Sale Deed to Jay and Vicki Ponce recorded September 12, 2003 under Auditor's File Number 3715574, Clark County deed records; the said parcel being that portion of said property included in a strip of land variable in width, lying on the Westerly side of the center line of NW Larkspur Street, which center line is described as follows : Beginning at Engineer's center line station 10+00.00, said point being 266 .01 feet South and 1.14 feet West of the Southwest corner of Tract C, Larkspur Estates Phase 1, recorded in Book 311 of plats, Page 358; thence North 01°04'16" East a distance of 97.59 feet; thence on a 150.00 foot radius curve to the left, through a central angle of 27°32'34", an arc distance of 72.11 feet to a point of reverse curvature; thence on a 150 .00 foot radius curve to the right, through central angle of 27° 52'11 ", an arc distance of 72. 96 feet; thence North 01°23'52" West a distance of 436.45 feet to an angle point in the most Westerly line of said Larkspur Estates Phase 1; thence North 01°22'44" West along said line of Larkspur Estates Phase 1 a distance of 336.66 feet to an angle point in said line, said point being common with an angle point in the most Westerly line of Larkspur Estates Phase 2, recorded in Book 311 of plats at Page 401; thence North 01°22 '44" West along said line of Larkspur Estates Phase 2 a distance of 351.87 feet to Engineer's center line station 23+67 .64 . The width in feet of said strip of land is as follows : Station to Station Width on Westerly Side of Center Line 13+60.00 14+50.00 145.00 14+50.00 14+90.00 120.00 14+90.00 15+75.00 70.00 15+75.00 16+05.03 56 .80 16+05.03 16+55.13 56 .80 in a straight line to 50 .00 15+55.13 16+90.00 50.00 EXCEPT therefrom that portion of said property included in a strip of land 40 .00 feet in width, lying on the Westerly side of the center line of NW Larkspur Street, which center line is described above. Bearings are based upon the Washington State Coordinate System 1983(2011) epoch 2010 .0, south zone. This parcel ofland contains 15,660 square feet, more or le ss. Page 2 of 3 STA: 13+60.00 OFFSET: 145.00' L TUPIKOV, SERGEY 5905 NW LARKSPUR ST, CAMAS, 98607 LOT: 175966000 OFFSET: 40.00' L PONCE, JAY & VICKY 5955 NW LARKSPUR ST, CAMAS, 98607 LOT: 175964000 k'\(VY'1 FEE lXXX)<I ACQUISITION , ~ ~ TEMPORARY CONSTRUCTION I L.>.L--' °""''--°"'-..o.'-~--"-' EASEMENT I STA: 15+ 75 .00 OFFSET: 70.00' L TUPIKOV, SERGEY 6035 NW LARKSPUR ST, CAMAS, 98607 LOT: 175959000 STA: 15+ 75.00 OFFSET: 56.80' L STA: 16+05.03 OFFSET: 56.80' L STA: 16+55. 13 OFFSET: 50.00' L STA: 16+90 .00 OFFSET: 50.00' L FRIBERG, HARRY , J&ii;i::7 I LOT: 175957000 ENGINEER s CENTERLINE ='> I \__OFFSET: 40 .00' L 13+00 ~ ]!::::::::::= 14+00 "NW LARKSPUR ST." ""' I I I 15+oo O 40 80 1 N1' 23' 52"E 16+00 I PROPERTY! 5955 NW LARKSPUR ST CAMAS, WA 98607 APN : 175964000 AFN: 3715574 OWNER NAME/ ADDRESS SW 1/4 SEC. 28 TOWNSHIP 2 NORTH RANGE 3 EAST, WILLAMETTE MERIDIAN CLARK COUNlY, WASHINGTON PONCE, JAY and VICKY 5955 NW LARKSPUR ST CAMAS, WA 98607 436.45 NW LARKSPUR ST.------- COMMUNITY DEVELOPMENT ENGINEERING DEPARTMENT LARKSPUR CAMAS PROJECT NO. #S-6041 STREET IMPROVEMENTS 616 NE 4TH AVENUE CAMAS, WASHINGTON 98607 (360)834-3451 BY:WJR TEMPORARY -CONSTRUCTION EASEMENT AND FEE RIGHT-OF-WAY ACOUISJTION EXHIBIT 'B' PAGE 3 OF 3 DATE: IAN. 16, 2017 17+00 ~­~ 700 WASHINGTON ST, SIT 401 VANCOUVER, WA 98660 (360)737-9613 FAX (360)737-9651 EXHIBITC LEGAL DESCRIPTION RIGHT OF WAY -FEE ACQUISITION NW LARKSPUR STREET CITY OF CAMAS PROJECT NUMBER S-604 TUPIKOV NORTH A parcel of land lying in the Southeast Quarter of the Southwest Quarter of Section 28, Township 2 North, Range 3 East, Willamette Meridian, City of Camas, Clark County, Washington and being a portion of that property described in that Statutory Warranty Deed to Sergey Tupikov and Svetlana Tupikova recorded July 16, 2004, under Auditor's File Number 3856279, Clark County deed records; the said parcel being that portion of said property included in a strip of land 40.00 feet in width, lyi..ng on the Westerly side of the center line of NW Larkspur Street, which center line is described as follows: Beginning at Engineer's center line station 10+00.00, said point being 266.01 feet South and 1.14 feet West of the Southwest comer of Tract C, Larkspur Estates Phase 1, recorded in Book 311 of plats, Page 358; thence North 01°04'16" East a distance of 97.59 feet; thence on a 150.00 foot radius curve to the left, through a central angle of 27°32'34", an arc distance of 72.11 feet to a point of reverse curvature; thence on a 150.00 foot radius curve to the right, through central angle of 27°52'11'', an arc distance of 72.96 feet; thence North 01°23'52" West a distance of 436.45 feet to an angle point in the most Westerly line of said Larkspur Estates Phase 1; thence North 01°22'44" West along said line of Larkspur Estates Phase 1 a distance of 336.66 feet to an angle point in said line, said point being common with an angle point in the most Westerly line of Larkspur Estates Phase 2, recorded in Book 311 of plats at Page 401; thence North 01°22'44" West along said line of Larkspur Estates Phase 2 a distance of 351.87 feet to Engineer's center line station 23+67.64. Bearings are based upon the Washington State Coordinate System 1983(2011) epoch 2010.0, south zone. This parcel of land contains 13,441 square feet, more or less. Page 1of3 S'{HIBIT C LEGAL DESCRlPTION TEMPORARY CONSTRUCTION EASEl\ffiNT NW URKSPUR STREET CITY OF CAMAS PROJECT Nill\IBER S-604 TUPIKOV NORTH A parcel of land lying in the Southeast Quarter of the Southwest Quarter of Section 28, Township 2 North, Range 3 East, Willamette Meridian, City of Camas, Clark County, Washington and being a portion of that property described in that Statutory Warranty Deed to Sergey Tupikov and Svetlana Tupikova recorded July 16, 2004, under Auditor's File Number 3856279, Clark County deed records; the said parcel being that portion of said property included in a strip of land variable in width, lying on the Westerly side of the center line of NW Larkspur Street, which center line is described as follows: Beg1nning at Engineer's center line station 10+00.00, said point being 266.01 feet South and 1.14 feet West of the Southwest comer of Tract C, Larkspur Estates Phase 1, recorded in Book 311 of plats, Page 358; thence North 01°04'16" East a distance of 97 .59 feet; thence on a 150.00 foot radius curve to the left, through a central angle of 27°32'34", an arc distance of 72.11 feet to a point of reverse curvature; thence on a 150.00 foot radius curve to the right, through central angle of 27°52'11", an arc distance of 72.96 feet; thence North 01°23'52" West a distince of 436.45 feet to an angle point in the most Westerly line of said Larkspur Estates Phase 1; thence North 01°22'44" West along said line of Larkspur Estates Phase 1 a distance of 336.66 feet to a...J. angle point in said line, said point being common with an angle point in the most Westerly line of Larkspur Estates Phase 2, recorded in Book 311 of plats at Page 401; thence North 01°22'44" West along said line of Larkspur Estates Phase 2 a distance of 351.87 feet to Engineer's center line station 23+67.64. The width in feet of said strip of land is as follows: Station to 16+70.00 Station 19+37.02 20+20.00 Width on Westerly Side of Center Line 88.00 19+37.02 48.00 1 .... ,1 11 -dJZWZ~~~~~tp, E,'{CEPT therefrom that portion of said property included in a strip of land 40.00 feet in width, lying on the Westerly side of the center line of NW Larkspur Street, which center line is described above '---i~-1 Bearings are based upon the Washington State Coordinate Syste 1983(2011), south zone. This parcel ofland contains 13,011 square feet, more or less. Page 2 of3 00 PONCE, JAY 5955 NW LARl<SPUR ST, CAMAS, 98607 LOT:175964000 STA: 16+ 70.00 OFFSET : 88.00' L OFFSET: 40 .00' L I ~-z~ I b PROPERTY! 6035 NW LARl<SPUR ST CAMAS, WA 98607 APN: 175959000 AFN : 3856279 OWNER NAME/ ADDRESS SW 1/4 SEC . 28 TOWNSHIP 2 NORTH RANGE 3 EAST, WILLAMETTE MERIDIAN CLARI< COUNTY, WASHINGTON TUPIKOV, BERGEY 2016 NW 7TH AVE CAMAS, WA 98607 ~FEE lXX2V1 ACQUISITION TUPIKOV, SERGEY 6035 NW LARKSPUR ST, CAMAS, 98607 ~~ //J TEMPORARY CONSTRUCTION I '-k'.:__,_// __ /.__/ _L]...L.....J EASEMENT 1 LOT: 175959000 NW LARK SPUR ST. COMMUNITY DEVELOPMENT ENGINEERING DEPAR1'MENT STA: 19+37 .02 OFFSET: 88.00' L LARKSPUR OFFSET: 40.00' L CAMAS PROJECT NO. /IS-604_1 STREET IMPROVEMENTS I 616 NE 4TH AVENUE CAMAS, WASHlllGTOll 90607 (360)034-3451 BY:MDR TE MPORARY CONSTRU CTI ON EASEMENT AN D FEE RIGHT OF WAY ACOUISm ON EXHIBIT 'c'' PAGE 3 OF 3 DATE: OCT 10, 2017 JENl<INS, GERALD 6215 NW LARl<SPUR ST, CAMAS, 98607 LOT: 175961000 r---- :~• 1.-:::11 700 V/ASlllllGTOll ST, STE ~01 VAllCOUVER, WA 90GGO (360)737-9613 F/\X (360)737-9651