HomeMy WebLinkAboutord2023-011Whatcom County COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360) 778-5010
Agenda Bill Master Report
File Number: AB2023-158
File ID: AB2023-158 Version: 1 Status: Adopted
File Created: 02/22/2023 Entered by: AHester@co.whatcom.wa.us
Department: Public Works File Type: Ordinance Requiring a Public Hearing
Department
Assigned to: Council Public Works & Health Committee Final Action: 03/21/2023
Agenda Date: 03/21/2023 Enactment#: ORD
2023-011
Primary Contact Email: sdraper(aDco.whatcom.wa.us
TITLE FOR AGENDA ITEM:
Ordinance declaring public necessity for and the authorization to acquire certain property rights
by eminent domain for the E. Smith Road and Hannegan Road Intersection Improvements
Project
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
The proposed ordinance would 1) declare public necessity for certain property rights needed to
construct the project, and 2) authorize the commencement of legal action in Whatcom County
Superior Court to acquire, by eminent domain, these certain real property interests
HISTORY OF LEGISLATIVE FILE
Date: Acting Body:
Action:
Sent To:
03/07/2023 Council INTRODUCED FOR Council
PUBLIC HEARING
Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
03/21/2023 Council Committee of the Whole DISCUSSED
03/21/2023 Council ADOPTED
Aye: 6 Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner
Nay: 1 Elenbaas
Absent: 0
Whatcom County Page t Printed on 312212023
Agenda Bill Master Report Continued (AB2023-158)
Attachments: Staff Memo, Ordinance, Exhibit A, Attachment
Whatcom County Page 2 Printed on 312212023
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PROPOSED BY: PUBLIC WORKS
INTRODUCTION DATE:
ORDINANCE NO. 2023-011
ORDINANCE DECLARING PUBLIC NECCESSITY FOR AND THE AUTHORIZATION TO
ACQUIRE CERTAIN PROPERTY RIGHTS BY EMINENT DOMAIN FOR THE E. SMITH
ROAD AND HANNEGAN ROAD INTERSECTION IMPROVEMENTS PROJECT
WHEREAS, Whatcom County is a charter county, under the laws of the State of
Washington, and is authorized to acquire title to real property for public purposes pursuant
to Revised Code of Washington 8.08; and
WHEREAS, in the interest of providing the public safe and sufficient roadways within
Whatcom County, Whatcom County identified a road project known as "E Smith and Hannegan
Intersection Improvements" (the "Project") in compliance with the 2022 Annual Construction
Program and the 2022-2027 Six Year Transportation Improvement Program; and
WHEREAS, the Project will reconstruct the signalized intersection at E. Smith Road
and Hannegan Road with a multi -lane roundabout; and
WHEREAS, the Project is also on the Washington State STIP, as the County has
$2,000,000 in federal STP and HSIP funds granted to the Project that are administered
through Washington State Department of Transportation Local Programs; and
WHEREAS, for this Project, the County determined that the acquisition of certain
rights and interests from real property identified as portions of Whatcom County Tax Parcel
No. 3903330364870000 ("Parcel"), as legally described and depicted in Exhibit A hereto
(collectively, the "Property Rights"), is necessary to accomplish and construct the Project;
and
WHEREAS, the County appraised the fair market value of said Property Rights; and
WHEREAS, the County has attempted to negotiate in good faith with the owners of
the Parcel for the voluntary acquisition of the Property Rights but has been unable to get all
of the owners to respond and negotiate with the County; and
WHEREAS, the County has complied with the notice requirements set forth in RCW
8.25.290 by providing notice to the owners of the Parcel of the planned final action adopting
this Ordinance, and through publication once per week for two weeks, prior to the passage of
this Ordinance; and
WHEREAS, the County Council is exercising its independent discretion to authorize
eminent domain proceedings in order to secure such property for a public purpose and to
settle the amount of compensation, if any, owing the property owners; and
NOW, THEREFORE, BE IT ORDAINED that the Whatcom County Council adopts the
following:
Section 1. Incorporation of Recitals. The recitals set forth above are hereby
adopted and incorporated herein as if set forth in full.
Section 2. Public Use and Necessity Declared. The Whatcom County Council finds
and declares that: i) the Project is for public use ii) the acquisition of the Property Rights is
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necessary for the construction of the Project; and iii) the acquisition of the Property Rights
and the construction of the Project are in the best interests of the residents of Whatcom
County.
Section 3. Acquisition, The Whatcom County Council authorizes the acquisition,
condemnation and taking of the Property Rights. The County Council authorizes the
acquisition of the Property Rights under threat of condemnation or by initiation of legal action
for condemnation to acquire the Property Rights as necessary for the commencement and
completion of the Project, subject to making or paying of just compensation to the owners
thereof in the manner provided by law.
Section 4. Reservation of Rights. Nothing in this ordinance limits the County in its
identification and acquisition of property and property rights necessary for this public purpose.
The County reserves the right to acquire additional or different properties as needed for the
Project.
Section 5. Authority of County Executive. The County Executive, by and through
his designees, is authorized and directed to continue negotiations for the acquisition of
property rights and prosecute actions and proceedings in the manner provided by law to
condemn, take, damage and appropriate the Property Rights necessary to carry out the
provisions of this Ordinance. In conducting said negotiations and condemnation proceedings,
the Whatcom County Prosecuting Attorney, by and through their designee, is hereby
authorized to enter into stipulations for the Property Rights. Settlement of any actions by the
County Executive shall be made only upon the recommendation of legal counsel.
Section 6. Compensation. The compensation to be paid to the owners of the
Property Rights acquired through this condemnation action shall be paid from the County's
Road Fund or from such other monies that the County may have available or attain for the
acquisition.
Section 7. Severability. 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. Effective Date. This Ordinance shall be in full force and effect fifteen
days after its final passage, except as otherwise provided in the Whatcom County Charter.
AOPI'Eb, v4isq&& d.'ay of March
TTE n COUNTY
Dana Brow7J. avis,_C0uq�?ty.`CIerk
e
APPROVED AS TO FORM:
Christopher Quinn
Senior Civil Deputy Prosecuting Attorney
(authorized via email 02/22/2023)
2023.
WHATCOM COUNTY COUNCIL
TCOM OWTY,, ASHINGTON
'\
Truchanan, Council Chair
S 5AA,
Satpal Sid u, County Executive
(x ) Approved ( ) Denied
Date Signed: 'Z-3
Exhibit A
After recording return document to:
Whatcom County Public Works
Real Estate Coordinator
322 N. Commercial, Suite 210
Bellingham, WA 98225
Document Title: RIGHT-OF-WAY DEED
Reference Number of Related Documents: None
Grantors: Hal G. Arnason III, et al
Grantee: Whatcom County
Legal Description: PTN of NW '/ NW 1/, S33, T39N, R3E
Additional Legal Description is on Exhibit A
Assessor's Tax Parcel Number: 390333 036487 0000
RIGHT-OF-WAY DEED
E. Smith & Hannegan Road Intersection Improvements
The Grantors, HAL G. ARNASON III and DARLA J. ARNASON, husband
and wife, as to a 50% interest as community property; HAL G. ARNASON III, as to
a 10% interest; TREVER ARNASON, a married man as to his separate property,
an undivided 113 of 1/10th interest; ALYSSA BROOKS, a married woman as her
separate property, an undivided 113 of 1/10th interest; JORDAN ARNASON, a
single man, an undivided 113 of 1/10th interest; SHELLI J. LENTZ, as to a 10%
interest; KATHY J. BERRY, as to a 10% interest; KIM S. ARNASON, as to a 5/7 of
10% interest; JENNIFER ARNASON, as to a 1/7 of 10% interest; and KELLI
ARNASON, as to a 1/7 of 10% interest; each as their separate estate, for and in
consideration of the sum of TEN AND NO/100 ($10.00) Dollars, and other valuable
consideration, under the imminent threat of the Grantee's exercise of its right of Eminent !,
Domain, do grant, bargain, sell and convey as right-of-way, and for all purposes and uses
consistent therewith, to WHATCOM COUNTY, A WASHINGTON MUNICIPAL
CORPORATION, the following described real property, and any after acquired interest
therein, situated in Whatcom County, in the State of Washington:
For legal description see Exhibit A and for a depiction
see Exhibit B attached hereto and made a part hereof.
Page 1 of 10 Pages
Parcel No. 3903330364870000
RIGHT-OF-WAY DEED PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY AUDITORS USE ONLY.
It is understood and agreed that delivery of this deed is hereby tendered and that the
terms and obligations hereof shall not become binding upon Whatcom County unless and,
until accepted and approved hereon in writing for the County by the County Executive.
Grantors: Date:
Hal G. Arnason, III
Trevor Arnason
Alyssa Brooks
Kathy J. Berry
.Jennifer Arnason
Approved as to form:
Prosecuting Attorney's Office
Christopher Quinn, Deputy Prosecuting
Attorney — Civil Division
Darla J. Arnason
Shelli J. Lentz
Jordan Arnason
Kim S. Arnason
Kelli Arnason
Accepted and Approved
WHATCOM COUNTY
By:
Satpal Singh Sidhu, County Executive
Da
Date:
Page 2 of 10 Pages Parcel No. 3903330364870000
PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY AUDITORS USE ONLY.
PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY AUDITOR'S USE ONLY.
RIGHT-OF-WAY DEED
STATE OF )
ss
County of )
On this day of 2022, before me
personally appeared Hal G. Amason, III and Darla J. Amason to me known to be the individuals
described herein and who executed the foregoing instrument and acknowledged that they signed
the same as their free and voluntary act and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal the day and year last above written.
STATE OF
Ss
County of
Notary Public in and for the State of
Washington,
residing at
My commission expires
On this day of 2022, before me
personally appeared Trevor Amason to me known to be the individual described herein and who
executed the foregoing instrument and acknowledged that he signed the same as his free and
voluntary act and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal the day and year last above written.
Notary Public in and for the State of
Washington,
residing at
My commission expires
Page 3 of 10 Pages Parcel No. 3903330364870000
PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY AUDITOR'S USE ONLY.
RIGHT-OF-WAY DEED PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY AUDITORS USE ONLY.
STATE OF )
ss
County of )
On this day of 2022, before me
personally appeared Kathy J. Berry to me known to be the individual described herein and who
executed the foregoing instrument and acknowledged that she signed the same as her free and
voluntary act and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal the day and year last above written.
STATE OF
ss
County of
Notary Public in and for the State of
Washington,
residing at
My commission expires
On this day of 2022, before me
personally appeared Alyssa Brooks to me known to be the individual described herein and who
executed the foregoing instrument and acknowledged that she signed the same as her free and
voluntary act and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal the day and year last above written.
Notary Public in and for the State of
Washington,
residing at
My commission expires
Page 4 of 10 Pages Parcel No.3903330364870000 g g
PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY AUDITOR'S USE ONLY.
RIGHT-OF-WAY DEED PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY AUDITOR'S USE ONLY.
STATE OF
ss
County of
On this day of 2022, before me
personally appeared Jordan Amason to me known to be the individual described herein and who
executed the foregoing instrument and acknowledged that he signed the same as his free and
voluntary act and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal the day and year last above written.
STATE OF
ss
County of
Notary Public in and for the State of
Washington,
residing at
My commission expires
On this day of 2022, before me
personally appeared Jennifer Amason to me known to be the individual described herein and who
executed the foregoing instrument and acknowledged that she signed the same as her free and
voluntary act and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal the day and year last above written.
Notary Public in and for the State of
Washington,
residing at
My commission expires
Page 5 of 10 Pages Parcel No. 3903330364870000
PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY AUDITOR'S USE ONLY.
RIGHT-OF-WAY DEED PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY AUDITORS USE ONLY.
STATE OF )
ss
County of )
On this day of 2022, before me
personally appeared Kelli Amason to me known to be the individual described herein and who
executed the foregoing instrument and acknowledged that she signed the same as her free and
voluntary act and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal the day and year last above written.
DATE OF
ss
,ounty of
Notary Public in and for the State of
Washington,
residing at
My commission expires
On this day of 2022, before me
,ersonally appeared Shelli J. Lentz to me known to be the individual described herein and who
xecuted the foregoing instrument and acknowledged that she signed the same as her free and
loluntary act and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal the day and year last above written.
Notary Public in and for the State of
Washington,
residing at
My commission expires
Page 6 of 10 Pages Parcel No. 3903330364870000
PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY AUDITOR'S USE ONLY.
RIGHT-OF-WAY DEED PLEASE MAKE NO MARK IN THE MARGIN SPACE --RESERVED FOR COUNTY AUDITOR'S USE ONLY
STATE OF )
ss
County of )
On this day of 2022, before me
personally appeared Kim Amason to me known to be the individual described herein and who
executed the foregoing instrument and acknowledged that he signed the same as his free and
voluntary act and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal the day and year last above written.
Notary Public in and for the State of
Washington,
residing at
My commission expires
Page 7 of 10 Pages Parcel No. 3903330364870000
PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY AUDITOR'S USE ONLY.
RIGHT-OF-WAY DEED PLEASE MAKE NO MARK M THE MARGIN SPACE -RESERVED FOR COUNTY AUDITOR'S USE ONLY.
EXHIBIT *A'
A RIGHT OF WAY ACQUISITION AREA LYING OVER, UNDER AND ACROSS A PORTION OF THE
FOLLOWING DESCRIBED PARCEL:
(PER WHATCOM LAND TITLE COMPANY, SUBDIVISION GUARANTEE NO. W-142082)
THAT PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 33,
TOWNSHIP 39 NORTI-L RANGE 3 EAST OF W.M., WHICH IS BOUNDED AND DESCRIBED AS
FOLLOWS, ACCORDING TO SURVEY MADE BY E.C. LYLE, TO- WIT-
COMMENCING AT POINT WHICH IS 30 FEET SOUTH AND .30 FEET EAST OF THE NORTHWEST
CORNER OF SAID QUARTER QUARTER SECTION; RUNNING THENCE SOUTH 976.5,5 FEET TO A
POINT ON THE NORTH LINE OF LAND DEEDED TO GEORGE KARSTETTER BY DEED RECORDED
UNDER AUDITOR'S FILE NO. 183444, THENCE EAST AND PARALLEL WITH THE NORTH LINE OF
SAID QUARTER SECTION TO THE POINT OF INTERSECTION WITH THE WEST LINE OF THE OLD
TELEGRAPH ROAD; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID OLD TELEGRAPH
ROAD, TO THE POINT ON THE SOUTH LINE OF ROAD, 30 FEET SOUTH OF THE NORTH LINE OF SAID
QUARTER QUARTER. SECTION, THENCE WEST ALONG THE SOUTH LINE OF SAID ROAD TO THE
PLACE OF BEGINNING;
EXCEPT HANNEGAN AND SMITH ROADS;
AND EXCEPT ALL THAT PORTION CONVEYED TO WHATCOM COUNTY FOR RIGHT- OF -WAY
PURPOSES BY DEED RECORDED JUNE 20,1997, UNDER AUDITOR'S .FILE NO, 1970602677, RECORDS
OF WHATCOM COUNTY, WASHINGTON,
SITUATE IN WHATCOM COUNTY, WASHINGTON.
Page 8 of 10 Pages Parcel No. 3903330364870000
PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY AUDITOR'S USE ONLY.
RIGHT-OF-WAY DEED PLEASE MAKE NO MARK IN THE MARGIN SPACE -RESERVED FOR COUNTY AUDITOR'S USE ONLY.
EXHIBIT 'X'CONTINUED
RIGHT OF WAY ACQUISITION AREA DESCRIPTION
COMMENCING AT THE NORTHWEST CORNER OF SECTION 33, TOWNSHIP 39 NORTH, RANGE 3 EAST
W.M- THENCE ALONG THE WEST LINE OF SAID SECTION SOUTH 01029'59" WEST 64.66 FEET. THENCE
DEPARTING SAID WEST LINE SOUTH 88030*0 1 " EAST 40.00 FEET TO THE EASTERLY RIGHT OF WAY
MARGIN OF HANNEGAN ROAD (CO. RD. NO. 384) AND THE POINT OF BEGINNING; THENCE ALONG
SAID RIGHT OF WAY MARGIN NORTH 46"15*25'* EAST 35,50 FEET TO THE SOUTHERLY RIGHT OF WAY
MARGIN OF EAST SMITH ROAD (CO. RD, NO. 58); THENCE ALONG SAID SOUTHERLY RIGHT OF WAY
MARGIN SOUTH 98059*08'* EAST 55,34 FELT; THENCE DEPARTING SAID RIGHT OF WAY MARGIN
SOUTH 460 1.5'25" WEST 35.98 FEET; THENCE SOUTH 01029759" WEST 210.47 FEET; THENCE SOUTH
15'32*32" WEST 226,67 FEET TO SAID EASTERLY RIGHT OF WAY MARGIN; THENCE ALONG SAID
RIGHT OF WAY MARGIN NORTH 01029'59" EAST 735.03 FEET TO THE POINT OF BEGINNING.
I
CONTAINING 1.9,012 SQUARE FEET, MORE OR LESS,
SITUATE IN WHATCOM COUNTY.,. WASHINGTON
2021.01.04 06:16:22 -08'00'
Page 9 of 10 Pages Parcel No. 3903330364870000
PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY AUDITOR'S USE ONLY.
RIGHT-OF-WAY DEED
PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY AUDITOR'S USE ONLY.
EXHIBIT
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Page 10 of 10 Pages Parcel No. 3903330364870000
PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY AUDITORS USE ONLY.