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ORD 2690
ORDINANCE NO . 2690 AN ORDINANCE condemning for public street purposes certain land lying within the City of Camas for the purpose of extending and constructing N- w 3 8th Avenue THE COUNCIL OF THE CITE' 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 of NW 3 8th .venue and SE 20th Street from SE Armstrong Street to NW barker Streetrovement" the street improvement p proj ect " ) . . NW 38 'h Avenue is classified as regional arterial streets whose function is to serve as a primary route to and from the commercially and industrially zoned properties in Grass Valley , C . , Arterial streets should have a capacity of 15 , 000 . 00 to 20 , 000 . 00 cars per day . . NW 38 "' Avenue is currently an unimproved rural arterials consisting of two lanes and no improved shoulders or other related facilities . E . The street improvement project proposes to widen NW 38th Avenue and SE 20t " Street to three lanes between SE Armstrong Street and NW Darker Street , F . The street improvement project further includes construction of curbs , gutters , bike lanes , sidewalks , street lighting , and storm water treatment facilities . G . The street improvement project is consistent with the City of Camas 20 - Year Growth Management Flans . It "A " and depicted in Exhibit " B " attached LI . The properties described in E hlb hereto and by this reference incorporated herein abut the street improvement project ( " the subject real properties " ) . 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 x . 12 . 030 . K . The subject real properties are necessary for completion of the street improvement project . Ordinance No . 2690 Page 2 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 December 2 , 2013 , Camas City Council meeting . Any and all interested parties had the opportunity to address the Camas City Council on this subject at the December 2 , 2013 , meeting . S ection II The City is authorized to condemn property and property interests far public improvements under RCW 8 . 12 . 030 * Section III The City of Camas hereby condemns for public street purposes the properties described in Exhlblt "Aattached 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 . Section Iv Compensation for the subject real properties shall be paid from the NW 3 8th Avenue Construction Fund of the City, and not by special assessment upon properties benefitted by such 00 acquisition . Section v The City Attorney is hereby authorized and directed to begin and prosecute the proceedings provided by law to condemn , tape , 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 This ordinance shall tape force and be in effect five days from and after its publication according to law . is : 1 Ordinance No . 2690 Page 3 PASSED by the Council and APPROVED by the Mayo thi 2 ° d day o ecember , 2013 . SIGNEn : Ma or ATTEST : APPROVED as to form : too ity ttorney PROPERTY PROPERTY PROPERTY OWNER PROPERTY ADDRESS PROPERTY ID NUMBER OWNER TAX PAYER ' S OR ( PER CLARK COUNTY RIGHTS CONTACT ADDRESS ASSESSMENT RECORDS ) 177481000 John and John and Elaine 1919 SE Armstrong See attached Elaine Armstrong Drive , Camas , WA legal description Armstrong 1919 SE Armstrong 98697 Drive Camas , WA 98607 EXHIBIT " A " Ordinance No . 96;qt90 Page 1 of 4 PN S - 565 A rrnstrong Tract 1 — fit- of-wa� Acq Ri wsltion PAGE � OF g A tract of land in the southeast one - quarter of Section 32 , Township 2 North, Range 3 East, Willamette Meridian, and lying in Lot 1 of the Short Plat recorded. in Book 2 , Page 339 , Records of Clark County, Washington, being a portion of that property des crib ed in that Quit Claim Deed to John W . and Elaine P . strong, recorded in Auditor ' s File Number 8906300091 , Clark County eing that portion of said property included in a strip of land 37 . 00 feet Records ; the said tract bin width lying between lines at tight angles to the centerline at Engineer ' s Stations 36 + 50 . 00 and 38 + 50 . 00 on the northerly side of the NW 38"' Avenue Engineer ' s Centerline, said Engineer' s Centerline being described as follows : Beginning at Engineer ' s Centerline Station 0 + 00 . 00 , said station being the corner common to Sections 31 and 32 , Township 2 North, Range 3 East, and Sections 5 and 6 , Township 1 North, Range 3 East, Willamette Meridian; thence South 88 ° 42 ' 55 " East, a distance of 5 ,279 , 79 feet to Engin eer ' s Centerline Station 52 + 79 . 79 , said station being the corner common to Sections 32 and 33 , Township 2 North, Range 3 East, and Sections 4 and 5 , Township 1 North, Range 3 East, Willamette Me Ce thence South 88 ° 59 ' 59 " East, a distance of 5 , 283 . 12 feet to Engineer ' s Centerline Station 105 + 62 . 91 , said station being the corner cormnon to Sections 33 and 34, Township 2 North, Range 3 East, and Sections 3 and 4 , Township 1 North, Range 3 East, Willamette Meridian. . SAVE AND EXCEPT that portion lying within public roads . The tract of land to which this des crip tion applies con tains , 006 square feet, more or less , outside of the existing right of way, Tract 2 — Permanent Easement A tract of land in the southeast one- quarter of Section. 32 , Township 2 North. , Range 3 East, Willamette Meridian, and lying in. Lot 1 of the Short Plat recorded in Book 2 , Page 339 , Records of Clark County, Washington, being a portion of that property described that Quit Chaim Deed to John. W . and Elaine P . Armstrong, recorded in Auditor ' s File 1`rTurnber 8906300091 , Clark County Records ; the said tract being that portion of said property included in a strip of land 42 . 00 feet in width lying between lines at right angles to the centerline at Engineer' s Stations 36 + 50 . 00 and 38 + 50 . 00 on the northerly side of the NW 38f Avenue Engineer ' s Centerline , said Engineer ' s Centerline being described in 'Tract 1 above . SAVE AND EXCEPT that portion lying withm public roads and Tract 1 as described above . The tract of land to which this description applies con.tmns 749 square feet, more or less . L: \Project\ 16400 \ 16 45 5 \ Survey\Legals \RST and Esmt\Armstrong RW, ESMT & TCE. do c.x Tract 3 — Temporary Construction Easement A tract of land in the southeast one - quarter of Section 32 , Township 2 North, Range 3 East, WUlatnette Mendia .Li and lying m Lot 1 of the Short Plat recorded ifl Book 2 , Page 339 , Records of Clark County , Washington , being a portion of that property described in that Quit Claim Deed to John W . and Elaine P . Armstrong, recorded in. Auditor ' s File Number 8906300091 , Clark County . Records ; the said tract being that portion of said property included in a strip of land 47 . 00 feet in width lying betv7een Sines at right angles to the centerline at En.gineer ' s Stations 36 + 50 . 00 and 38 + 50 . 00 on the northerly side of the I�T�138 � venue Engi.neer ' s Centerline , said Engineer ' s Centerline being described in Tract 1 above . SASE AND EXCEPT that portion lying within public roads and Tract 1 and Tract 2 as described above . The tract of land to which this description applies contains 774 square feet, more or less . 4 POW 46 1& AA . TST5 - Norl PAGE OF4 L : \ Project\ 16400 \ 1645 \ Survey \ Legals \ RW and Esmt\Armstrong RW, ESMT & TCE . docx LLJ 1 ARMSTRONG P GE yOF cd STA : 38 + 50 STA : 36 + 50 OFFSET. 47 . 00 L OFFSET . 47 . 00 L Q STA : 36 + 50 C) # STA : 36 + 50 OFFSET: 42 . 00 L +% OFFSET : 42 . 00 L • -* - - • 0 40 ' 80 ' I 4 aim STA : 36 + 50 STA : 38 + 50 OFFSET: 37 . 00 L OFFSET : 37 . 00 L C Co + + Q N Y Y T H co -+- VENUE NINE liiiiiiiii RIGHT OF WAY PERMANENT EASEMENT + *+ + + +t }} +� * + TEMPORARY CONSTRUCTION TRACT I ( 1 , 000 SQ . FT . ) TRACT 2 ( 749 SQ . ET . ) ¢ + + * k + + + r * ++ + EASEMENT TRACT 3 ( 774 SQ . I✓ T . } PROPERTY 1919 SE ARMSTRONG DRIVE COMMUNITY DEVELOPMENT CAMAS , WA 98607 ENGINEERING DEPARTMENT "" W 'I" I"' H AVENO BE AP 177481000 APN : 8906300091 T° SE1 / 4 SECTION 32 TOWNSHIP 2 NORTH CAMAS PROJECT NO . S -- 565 HASH RANGE 2 EAST WILLAMETTE MERIDIAN 2 CLARK COUNTY , WASHINGTON city f ` . HanmiGlobal Partner 4a s OWNER JOHN AND ELAINE ARMSTRONG WASHINGTON AC Q UISITION' MAP 700 WASHINGTON ST, STE 401 NAME/ 1919 SE ARMSTRONG DRIVE 616 HE 4TH AVENUE VANCOUVER , WA 98660 ADDRESS CAMAS , WA 98607 CAMAS , WASHIhdGTON 98607 ( 360 ) 737 -- 961 .3 ( 360 ) 634 - 3451 BY : GEP DATE : AUGUST 2 , 2013 FAX ( 360 ) 737 -- 9651 PROPERTY PROPERTY PROPERTY OWNER PROPERTY ADDRESS PROPERTY ID NUMBER OWNER TAX PAYER ' S OR ( PER CLARK COUNTY RIGHTS CONTACT ADDRESS ASSESSMENT RECORDS ) 177482000 Douglas Douglas and Sheri 4831 NW 38 Avenue , See attached and Sheri Swank Camas , WA 98607 legal Swank 4831 NW 38th Avenue , description Camas , WA 98607 EXHIBIT " B " Ordinance No . �, Page I of 4 PN S - 565 swank �1r fu Tract 1 — Right- of=way Acquisition PAGE , A tract of land in the southeast one - quartet of Section. 32 , Township 2 -North., Range 3 East, Willamette Meridian, being a portion of that property described in that Quit Claim . Deed to Douglas E . Swank and Sheri L . Swank., reco±ded Auditor' s File Nwnber 9709150196 , Clark County Records ; the said tract being that portion of said property included in a strip of land 37 . 00 feet in width lying between lines at right angles to the centerline at Engineer ' s Stations 38 + 00 . 00 and 43 - 75 . 00 on the northerly side of the 38 Avenue Engineer ' s Centerline , said Engineer' s Centerline being described as follows : Beginning at Engineer' s Centerline Station 0 + 00 . 00 , said station being the corner common to Sections 31 and 32 , Township 2 North, Range 3 East, and Sections 5 and 6 , Township 1 North, Range 3 East, Willamette Meridian; thence South 88 ° 42 ' 55 " East, a distance of 5 , 279 . 79 feet to Engineer ' s Centerline Station 52 + 79 . 79 , said station being the corner common. to Sections 32 and 33 , Township 2 North, Range 3 East, and Sections 4 and 5 , Township 1 North , Range 3 East, Willainet:te Meridian ; thence South 88 ° 59 ' 59 " East, a distance of 5 , 283 . 12 feet to Engineer ' s Centerline Station 105 + 62 . 91 , said station being the corner common to Sections 33 and 34 , Township 2 North, Range 3 East, and Sections 3 and 4 , Township 1 North., Range 3 East, Willamette Meridian. , SAVE AND EXCEPT that portion lying within public roads . The tract of land to which this descriptionn, applies contains 3 , 705 square feet, more or less , outside of the existing right of way . Tract 2 — Permanent Easement A tract of land in the southeast one -quarter of Section. 32 , Township 2 North , Range 3 East, Willamette Meridian, being a portion of that property described in that Quit Claire Deed. to Douglas E . Swank and Sheri L . Swank, recorded Auditor' s File Number 9709150196 , Clark County Records ; the said tract being that portion of said property included in a strip of land of variable -width lying on the northerly side of the NUJ 38f Avenue En.gineer ' s Centerline, said Engineer ' s Centerline being described in Tract 1 above. The width In fee of said strip is as follows . Station. to Station Width on Northerly Side of Erzginneer ' s Centerline 38 + 00 . 00 38 + 55 . 04 45 . 00 35 + 55 . 00 39 + 00 . 00 45 . 00 in a straight line to 42 . 00 39 + 00 . 00 40 + 75 . 00 42 . 00 40 + 75 . 00 41 + 75 . 40 42 . 00 in a straight line to 41 . 00 41 + 75 . 00 43 + 75 . 00 41 . 00 L: \Project\ 16400 \ 16455 \ Survey\Legals \RW andEsmt \ Swank RW, ESMT & TCE. docx SAVE AND EXCEPT that portion lying within public roads and Tract 1 as described above . The tract of land to Which this description applies contains 2 , 590 square feet, more or less . Tract 3 — Temporary Construction Easement A tract of land in the southeast one - quarter of Section 32 , Township 2 Forth , Range 3 East, willarn. ette Mendian., being a portion of that property described In that Quit Claim Deed to Douglas E . Swank and Sheri L . Swank, recorded Auditor ' s File Dumber 9709150196 , Clary County Records ; the said tract being that portion of said property included. in a strip of land of variable width lying on the northerly side of the lvTw138 Avenue Engineer ' s Centerline , said Engineer ' s Centerline being described it1 Tract 1 above . The width in feet of said strip of land is as follows : Station to Station width on Northerly Side of Engineer ' s Centerline 38 + 00 . 00 38 + 55 . 00 53 . 00 38 -+- 55 . 0039 + 00 - 00 53 . 00 in a straight line to 47 . 00 39 + 00 . 00 40 + 75400 47 . 00 40 + 75 . 00 41 + 75 . 00 47 , 00 in a straight line to 45 . 00 41 + 75 . 00 43 + 75 . 00 45 . 00 SASE AND CEPT that portion lying with public roads and Tract 1 and Tract 2 as described above . The tract of land to which this desci ption applies contains 2 , 590 square feet, more or less . EM 0V A COO) .MSEXPIRES: 6 � 17� 14 T - iiBi iAGE QF L: \ Project\ 16400 \ 16455 \ Survey\Legals \ Rw and E = L \ Swank RAJ, ESMT & TCE . docx 0 60 120 ' Eillbl'%% 611 t r i PAGE -¢ OF� 0 -- - S VVAN K t STA : 38 + 55 STA : 38 + 00 OFFSET: 53 . 00 L OFFSET: 45 . 00 L STA: 38 + 55 OFFSET: 45 . 00 L STA: 38 + 00 OFFSET: 53 . 00 L STA : 39 + 00 STA : 40 + 75 OFFSET: 47 . 00 L C) C) STA : 41 + 75 C) © OFFSET: 47. 00 L STA: 43 + 75 STA : 39 + 00 to Lo OFFSET : 4- 5 . 00 L OFFSET: 45 . 00 L � OFFSET : 42 . 00 L STA : 40 + 75 STA : 41 + 75 STA : 43 + 75 tea ` OFFSET. 42 . 00 L ' `a ` '; ' ' a ; ' '+ '� : � + a , ; Aa;.�a � " � +a-+-� , � " � • � . • } a OFFSET : 41 . 00 L OFFSET . 41 . 00 L • • • ` { : a ! t • ` ` • , * ~ r ` e a a � a r�� ;aloir • + t�~ # • t t ; t " r" r r r t + t o t•�� 0 + a s ; i ✓a+�T + fes ♦ i�+t 7 ^; 4 ' III* •r � '!� + � �7 • • 'T—� t • a r a .r a t a a...�� a . STA : 38 + 00 OFFSET: 37 . 00 L STA: 43 + 75 OFFSET: 37 . 00 L 0 0 c� + o a o c NW 38TH +QCD � ,r AVENUE + -�ilill III will 1111 11 1 RIGHT OF WAS' PERMANENT EASEMENT *4k� �} + *� + +� �; +� TEMPORARY CONSTRUCTION TRACT 1 ( 3 , 705 SCS . FT . ) TRACT 2 ( 2 , 590 SO . FT . ) ++ + + + � * �+ * + � + � �+ EASEMENT TRACT 3 ( 21590 SCS . FT . ) PROPERTY 4831 NW . 38TH AVENUE COMMUNITY DEVELOPMENT CAMAS , WA 98607ENGINEERING DEPARTMENT APN : 177482000 AFN : 9709 50190 AVS SE1 / 4 SECTION 32 TOWNSHIP 2 NORTH CAMAS PROJECT NO . S - 565 H A E 2 RANGE 2 EAST WILLAMETTE MERIDIAN - . : . CLARK COUNTY , WASHINGTON - City of. ��.. Hanm "lGlobal Partner 01� NERU LmA ® HERI WANK , H � a Yore 1 w ACQUIr"' � N MAr1724 700 WASHINGTON ST , 5TE 401 NAME/ 4831 NW 38TH AVENUE 616 NE 4TH AVENUE VANCOUVER , WA 986fi0 ADDRESSCAMAS , WASHINGTON 96607 ( 360 ) 737 - 9613 CAMAS ' WA 98C07 360 €334. 3451 BY: GEP DATE : AUGUST 2 20 3 FAX ( 360 ) 737 - 9651 ( ) 1