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HomeMy WebLinkAboutResolution 05-310-CC$Las of Washington, County of Gant ss 1, BarbaraI Vasquu,Go& ofthe Board of County Commissioners, do hereby testi!} that clic fotegamg mso-umen. is a we and con ect ropy oflhe oi,gmalnlw on Gla mm. niLce IN1bIf.... THhRGOF 1hvec-,m sal my hand and the ScalofAmdOfceLai, 29'" Dov oI N .emI oral Vaquez ZL� u/Y BOARD OF COUNTY COMMISSIONERS Grant County, Washington A RESOLUTION PROVIDING FOR THE ) RESOLUTION No. 05 -310 -CC CONDEMNATION OF PROPERTY FOR NEVA LAKE ROAD NW COUNTY ROAD RIGHTS OF WAY WHEREAS, Grant County (County), Washington, is a Class 3 county, duly organized and existing under the Constitution and laws of the State of Washington, and WHEREAS, the Board of County Commissioners (BOCC) of the County, is authorized to conduct proceedings and to initiate eminent domain proceedings for county road rights of way acquisition pursuant to chapter 8 08 RCW; and WHEREAS, the BOCC was presented with a request by the Public Works Department (Department), by and through the County Road Engineer, requesting that the County acquire by purchase and/or condemnation, the subject property situated in the Countyof Grant, State of Washington, and legally desenbed in Exhibit A, annexed hereto and fully incorporated by reference as if fully set forth herein, and WHEREAS, that the subject property, consisting of approximately two and a quarter (2.25) acres, is required to construct Neva Lake Road NW. an arterial class roadway, which will connect SR 28 and Dodson Road; and WHEREAS, Neva Lake Road NW is needed by the County to provide a new access on the East side of the Grant County Sanitary Landfill (Landfill), located near the City of Ephrata, and WHEREAS, the County was unable to reach an agreement with the property owner to purchase said property, and WHEREAS, the BOCC found and determined that the use of the subject property is for a public use, the public interests require use of the subject property and, the property to be condemned is necessary to facilitate the public purpose; and WHEREAS, the BOCC found and determined that it is necessary for Grant County purposes to acquire the subject property for public use A RESOLUTION PROVDING FOR THE CONDEMNATION Page 1 of 2 OF PROPERTY FOR SEAGULL COUNTY ROAD ROW H \CIVIL 8\A-D\AKLRBLADE CONDEMNATION\EMINENT DOMAIN RESOLUTION (AKERBIADE) DOC THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Grant County, Washington, as follows: SECTION 1 The County, by and through the Department, shall acquire by purchase and/or condemnation, the subject property situated in the County of Grant, State of Washington, and legally described in Exhibit A, annexed hereto and fully Incorporated by reference as if fully set forth herein. SECTION 2 The acquisition of said property is for a public use and purpose, to -wit: for the present and reasonably foreseeable future needs of the Department and Landfill operations, including but not limited to, construction of a new county road for ingress and egress to the Landfill on the East side, connecting SR 28 and Dodson Road. SECTION 3 There is a public necessity for the construction of a new county road for ingress and egress to the Landfill on the East side, connecting SR 28 and Dodson Road. SECTION 4- The acquisition of the subject property is necessary for the proposed public use and, for the benefit of the public and the region. SECTION 5 The County Road Engineer or designee is hereby authorized and directed to execute all documents for the acquisition of said property and bring proceedings in the manner provided for by law to condemn, take, damage and otherwise appropriate the lands, property, and other property interests pursuant to the powers granted the County of Grant, including but not limited to, those powers granted in chapters 8.08 RCW, to carry out the provisions of this Resolution DATED this ;?-day - day of November, 2005. BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON Yea Nay Abstain L>3� ❑ ❑ / LeRoy C. Allison, Chair 1 Deborah Kay Mo e, ember 17J ❑ ❑ Richard B. Stevens, Mem er A7ST: Barbo A. Vasquez, Clerk od A RESOLUTION PROVDING FOR THE CONDEMNATION Page 2 of 2 OF PROPERTY FOR SEAGULL COUNTY ROAD ROW H \CNIL 8\A-D\AKERBLADE CONDEMNATION\EMINENT DOMAIN RESOLUTION (AKERBLADE) DOC EXHIBIT A Legal Description of Property Neva Lake Road NW R/W Through Akerblade Parcel The West 100 ft. of the South 980 ft. of the SE t/4 of the NW '/4 of Section 33, Township 21 North, Range 26 East W.M. containing 2.25 acres, more or less. Assessor's Parcel No. 16-0902-000 JOHN KNODELL ProsecuLng Attorney STEPHEN) HALLSTROM Chief Deputy CATHLEEN NEILS Ao.n.uatrva Assutant Det>". CAROLEL HIGHLAND STEVESCOTT ALBERT LIN EDWARDA OWENS TEDDYE CHOW LYLIANEJ SHEER TERESACHEN CAROLYNJ FAIR � 1151,19 OFFICE OF GRANT COUNTY PROSECUTING ATTORNEY PO BOX 37 • EPHRATA. WASHINGTON 98823 (509) 754-2011, Ext 450 • Fax (509) 754-3449 November 28, 2005 Board of County Commissioners Hand Delivered Grant County Courthouse PO BOX 37 Ephrata WA 98823-0037 RE: Neva Lake Road NW Road Rights Of Way Acquisition Grant County Assessor's Parcel No. 16-0902-000 Condemnation Resolution Dear Commissioners: Enclosed please find a copy of a resolution we intend to present to the Board of County Commissioners during our meeting on November 29, 2005, regarding the above matter. We are enclosing same for your information and review in advance, if desire The proposed resolution is essentially a decree that the acquisition of the Akerblade property is for a public use, the public interests require it and, the property to be condemned is necessary for the purpose. We have incorporated comments and suggestions provided by the Public Works Department. Feel free to contact this office if you have any questions or concerns. Sincerely, JOHN KNODELL Prosecutyng Attorney Chief Deputy Prosecuting Attorney RECEIVED NOV 2 S 2005 SJH:Jms GRAKrCDM CMM y9MfTt-5 Enc. cc: Derek E Pohle, P.E., Director of Public Works (w/o enc.) David N. Heilman, Assistant Director of Public Works (w/ enc.)