ORDINANCE NO. 542
AN ORDINANCE OF THE CITY OF WOODINVILLE, WASHINGTON,
PROVIDING FOR THE CONDEMNATION, APPROPRIATION, TAKING, AND
DAMAGING OF A FEE INTEREST IN PORTIONS OF CERTAIN PARCELS OF
REAL PROPERTY, TOGETHER WITH CERTAIN PERMANENT AND
TEMPORARY EASEMENTS, LOCATED AT OR IN THE VICINITY OF SR 202 /
WOODINVILLE-REDMOND ROAD BETWEEN NE 127 TH STREET AND NE
131 ST STREET WITHIN THE CITY IN ORDER TO CONSTRUCT AN ARTERIAL
ROAD IMPROVEMENT AND SUCH OTHER APPURTENANCES AND
IMPROVEMENTS ASSOCIATED WITH THE PUBLIC IMPROVEMENT AND
PROVIDING THAT THE ENTIRE COST THEREOF SHALL BE PAID FROM
AVAILABLE FUNDS; DIRECTING THE CITY ATTORNEYS TO PROSECUTE
THE APPROPRIATE ACTION AND PROCEEDINGS IN THE MANNER
PROVIDED BY LAW FOR SUCH CONDEMNATION; PROVIDING FOR
SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Sammamish Bridge Replacement Project has been included on the
City's Adopted Six Year Transportation Improvement Program as a priority project since 2002
due to high vehicle congestion and delay; and
WHEREAS, widening Woodinville-Redmond Road NE from NE 127 th Street to NE 131s t
Street, including the Sammamish River Bridge are necessary to accommodate vehicular and
pedestrian traffic in the area; and
WHEREAS, the City has been exploring design alternatives since 2002 to address these
congestion and safety operations of this section of roadway; and
WHEREAS, the necessary improvements include the construction of a widened roadway
from NE 127 th Street to NE 131 st Street including a widened bridge, intersection improvements,
bicycle lanes, and sidewalks, together with such other necessary appurtenances and
improvements to make the same consistent with design practice standards; and
WHEREAS, the City, with input from the public and the owners of affected properties
has developed a design for roadway improvements that address the public needs while
minimizing impacts to the adjacent private property; and
WHEREAS, despite good faith efforts at obtaining negotiated purchases of needed
private property, negotiations to date with the owners of the property required for the
improvements have proved unsuccessful and it is necessary that condemnation be authorized
so that the property interests sought by the City be acquired, should continuing efforts at a
negotiated settlement with the affected property owners fail;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WOODINVILLE
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Need for Property - Public Use. The public health, safety, and welfare
demand that SR202 / Woodinville-Redmond Road NE from NE 127 th Street to NE 131 st Street
including the Sammamish River Bridge be improved through the construction of road widening
and intersection improvements and associated appurtenances and other improvements in order
to address congestion conditions, vehicle and pedestrian safety, and address a poor approach
Page 1 of 14
Ordinance No. 542
alignment, and that a fee interest be condemned, and a permanent easement and temporary
construction easements be obtained, appropriated, taken, and damaged in portions of certain
real property in the City of Woodinville in order to construct such public use improvements as
provided in this ordinance.
Section 2. Declaration of Necessity. The City Council of the City of Woodinville, after
hearing the report from the City Manager and Public Works Director and reviewing the planned
improvements, hereby declares that a fee interest in those portions of certain parcels of real
property and permanent easement and temporary construction easements described on:
Exhibits 1-3 (McCorry's Parcel)
Exhibit 4 (Tjossem Properties Parcel)
All attached hereto and incorporated herein by this reference as if set forth in full is necessary
for the public use and improvements described in Section 1 above.
Section 3. Condemnation. A fee interest and a permanent easement and necessary
temporary construction easements in those portions of real property as described in Exhibits 1
through 4, free from any and all liens and encumbrances, is hereby condemned, appropriated,
taken, and damaged for the purpose of constructing the improvements described in Section 1
above. Condemnation and taking of the property interests is subject to the making or paying of
just compensation to the owners thereof in the manner provided by law.
Section 4. Authority of City Attorneys. The City Attorneys are 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. For the
purpose of minimizing damages, the City Attorneys, in consultation with the Mayor, and Public
Works Director, are hereby further authorized to stipulate as to the use of the property 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 property, provided that such reservation
does not interfere with the use of said property as provided in this ordinance. The attorneys are
further authorized, upon such consultation, to adjust the location and/or width of any portion of
any of the property so taken in order to minimize damages, provided that said adjustments do
not interfere with the use of said property by the City as provided in this ordinance. The
attorneys are further authorized to identify and adjust the location and/or width of any temporary
construction easements determined necessary by the City and its consultants for the
construction of the improvements upon the property taken by condemnation.
Section 5. Source of Funds. The entire cost of the property acquisition authorized by
this ordinance, including all costs and expenses of condemnation proceedings, shall be paid
from available funds as may be appropriate under the circumstances.
Section 6. Severability. If any section, sentence, clause or phrase of this ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section,
sentence, clause or phrase of this ordinance.
Section 7. Effective Date. This ordinance or a summary thereof consisting of the title
shall be published in the official newspaper of the City, and shall take effect and be in full force
five (5) days after publication.
Page 2 of 14
Ordinance No. 542
ADOPTED BY THE CITY COUNCIL AND SIGNED IN AUTHENTICATION OF ITS PASSAGE
THIS 20 th DAY OF MARCH 2012.
Bernard W. Talmas, Mayor
ATTEST/AUTHENTICATED:
By:
(
Jennifer Kuhr4 CMC, City Clerk
APPROVED AS TO FORM:
OFFICE OF THE CITY AT
By:
Greg ubst&o Cit Attorney
,
PASSED BY THE CITY COUNCIL: 3-20-2012
PUBLISHED: 3-26-2012
EFFECTIVE DATE: 4-2-2012
ORDINANCE NO. 542
Page 3 of 14
Ordinance No. 542
EXF 'T I
dICCl/16011 Nal ikstv
-1
iH
Page 4 of 14
-
!
S
L7ition for
ofWay
Ordinance No. 542
TAX PARCEL 092605-9031
ACQUISITION FOR RIGHT-OF-WAY PURPOSES
That portion *of the .North Half of the Southeast Quarter of Section 9, Township 26 North,
Range 5 East, W. M:, in King COunty, Washington, further described as follows;
Beginning at the intersection of the EaSt margin of the Snoqbalmie Branch of the Seattle
Division of the NOrthern Pacific Railway Company Right of Way with the SoutheaSt margin
of C.L. Morris Road (atO known as Woodinville-Duval Road and SR-202) said.
intersection-being:20.06:feet SoUtheasterly and opposite Highway Engineer. Station
1+60.15; Thence North ..65`24"05" East 141.73 feet along said SoutheaSt margin to a point
20:00 feet Southeasterly and opposite Highway Engineer Station 3+01,88, said point
being the Northwest corner of that portion conveyed to-the State of Washington by deed
recorded under King County Auditor's File Number 3348213;Therice South 24°35'55" East
025 feet along said:margin and the West line of said poilion conveyed to the State of
Washington to the beginning of a non-tangent curve concave to Northwest haVing a
radius of 589.50 feet and to which point a radial line bears South 28°1429" East; Thence
Southwesterly 58.08 feei along said curve through a central angle of 5°38'42" to the
beginning of a reverse curve concave to the Southeast haying a radius of 670.50 feet a
radial line throUgh said beginning bears South 22°35'47" East; Thence Southwesterly
81.96 feet along said curve through a central angle of 7°00'13ii to said East margin of the
Snoquatrnie Branch of the Seattle Division of the Northern Pacific Railway Company Right
of Way; Thence Nerth 53°47'25" West 3. 69 feet along said East margin to the Point of
Beginning:
:
,
Containing approximately 177 Square Feet.
Page 1(a)
Page 5 of 14
Ordinance No. 542
• POINT OF BEGINNING
M 14-60.15
20,00' RT
RIGHT-OF-WAY'
ACQUISITION = 177± SQ.
14.00 :•••-----.,..,...._
v8. 1 SR ?0• '---------- 3.
•(N
E11"5
5-?--. bHS
y rs ,
.,
••--7-- • ''''
•
FT.
'''''
"
141,73'
1465'24'05'E
cv
N
2-ZT:=Z7
Aicsj."------
RF?is
7AI
ASE
,,—
..AS---ilf•""i E (60-
.•:::`.5 °2 •
.....-
.,9
M 3+01.8
20.00' RT
W47 25"W
R=67050'
8=7°00'137
L=81.96'
1M1+61.95
23.27 RT
00 '.
---7'7-■
_
S24''.3b.55"E
0.25'
-7-;-!
R=589.50'
: A=5""38.47,
' • 1:=58.08"
-/ hil 3+01,88
L.__20.25
RT
.
NPRR CO
+43:83, 21.08' RT
POINT OF REVERSE CURVE
ON NEW RIGHT-OF-WAY'
NOTE: THIS INFORMATION DOES NOT
REPRESENT A BOUNDARY SURVEYOR.
PROPERTY OWNERSHIP.
ROTI-HILL
ROth1-1111,110 Te1425,86.9448 www.mhhIll,eom
11130 NE 23rd Plat*, SWre 200 Settevue, VON 05004
CITY OF WOODINVILLE
RIGHT-OF-WAY AdQUISITION
McCORRYS ON THE SLOUGH - PARCEL 0926059031
DRAWN. By: -EtjH
SCALS 1"•=AO'
'PROJECTNO.t.
DATE: 1-5-12
CRECKED 07:- NIJI_
Page 1(b)
Page 6 of 14
Ordinance No. 542
i3 I T 2
McCa-NRY'°
.
C
L ermane nt
and
Page 7 of 14
I1
,
ent for
.
v„
Ordinance No. 542
TAX. PARCEL 092605-9031
PERMANENT EASEMENT FOR SIDEWALK AND UTILITY PURPOSES
That portion ;of the North Hatt of the Southeast Quar1er of SectiOn 9, TOwnShip 26 :Nodh,
Range 5 East WM., in King:County, Washington, further deScribed as follows:
:
Commencing et the intersection of the East margin of the Snoqualmie BranCh of theSeattle
e
.
Division of the NOrthern Pacifie Railway Company Right of Way'with the SoutheaSt margih
of C.L. Morris Road (also known as WOodihvIle-Duval Road and SR-202) said intersection
being 20.00 feet SoutheaSterly and opposite HighWay Engineer Station 1+60,15; Thence
South 53°4725" East 169 feet along said East margin to the Point of Beginning; Thence
continuing Sotith 53°47'25" East a 98 feet along said East margin to the beginning of a
curve concave to the Southwest having a.rbdius :of 1020,62 feet Thence Southeasterly
8.34 feet along said curve throUgh a central angle of 0028'05" .
to the beginning of a non-tangent ctirve concave to the Southeast having a radius of 662.00
feet and to which point a radial line : bears North 29016'21" West; Thence Northeasterly
35.54 feet;along:said curve through a central angle of 3°04'33" to a point on a radial line of..
Said curve;_ Thence South 26°11.'47" EaSt 2.00 feet along said radial line to the beginning of
a non-tangent curve concave to the Southeast having a radius of 60.00 feet and to which
point a radial line bears North 26°11'47 WeSt; Thence Northeasterly 3:00 feet along said
curve through a central angle of 0°15' ..38" to a point on.a radial line of said curve; Thence
North 25°56'09" West 2.00 feet along the prolongation of said radial line to the beginning of
anon-tangent curve concave:to the Southeast having a radius of 662.00 feet and tawhich
point a radial line bears North 25°56'09" West Thenee Northeasterly 38.59 feet along said
curve thrbtigh a central angle of 3°20'22" to the beginning of a reverse curve concave to the:
NorthWeSt having a radiuS of 598.00 feet a radial line:throtigh said beginning beers South
22 085'47" East, Thence Northeasterly 58.88 feet along said curve through a central angle-of
5°35'35' to a point 28.76 feet Southeasterly and opposite Highway Engineer Station.
3+01.88, said point being On the WeSt line of that portion conveyed to the State of
Washington by deed recorded under King County Auditor's File Number 3348211 Thence
North 24°35l55' West along said West line 8.52 feet:to the beginning of a non - tangent curve concave to the Northwest having radius of 689.56 feet and to which Point a radial line
bears South 28°14'297 East; Thence Southwesterly 58.08 feet:along said curvethrough a
central 'angle:of 5038'42" to the beginning of a reverse curve. concave to the Southeast
having a radius of 670.50 feet, a radial line through said beginning beats South 22 0 35'47'
East; Thence SauthweSterly 81,96 feet along said curve through.a central angle of 7000'13":
to•said East margin of the Snoqualmie Branch of the . Seattle DivisiOn of the Northern Pacific
RailWay Company Right of Way and the Point of Beginning. .
.
.
:
Containing approximately t177 Square Feet
Page 2(a)
Page 8 of 14
Ordinance No. 542
•
M1+65,15
20,00'RT
TRE0-.)
3,69'
S53°47'25"E
PERMANENT EASEMENT
AREA .= 1,177±. SQ. FT.
R=670.50'
A=7'0013"
L=81_96'
011
OQ
'-i----, A/65.
24
R=589.50' ---- .°Z'E
8.=.5'38'427 ------ L=58.08*
3i-00-' ...."------..
M 3+01S8
""--"---
524°35 ' 55-E
:--.
20 OD' RT ' tr-0728,---'-
-•
POINT OF BEGINNiNG
M . 1t61.95
.
N25`56 . 09^W
0.98'
653°4725"E
R=660.00'
4=0`15'38"
L=300 •
l
R=598.00'
5=5°35'35^
L=58.38'
2,00'
S26'1147"E
R=1020.62 5=0'28'05"
R=862.00'
L=8,34 .5=3"04'33"
• L=35.54'
N/F NPRR CO.
. .
. 1 R=662.00'
. 5=3'2022"
L=38.59'
8,52'
424°3555"W
1,124°3555
M 3+01,88
28.76' RT
M 3+01.88.
2035' RT
24-4383, 21.08' RT
POINT OF REVERSE CURVE
ON NEW RIGHT-OF-WAY
NOTE: THIS. INFORMATION DOES NOT
REPRESENT A BOUNDARY SURVEY OR
PROPERTY OWNERSHIP,
20
0
20 •
40
SCALE JA/ FEET
ROTHri I LL
Rolb Hill, 0LC T01425.069.0448 .www.f00.0011.con■
E8118v0e, WA 99224
:1120 NE 332I Piece,
WI, 200
A I Y4,'SE Y4 , SEC 9, T26N; R5E, WM,
CITY OF WOODINVILLE
SIDEWALK & UTILITY EASEMENT .
McCORRY'S ON. THE SLOUGH`- PARCEL 092605903i
DRAWN 80: BM
SCALE: 1"=40'
PROJECT NO. ,.
DATE: 1-5-12 'CHECKED NY; MJL
Page 2(b)
Page 9 of 14
Ordinance No. 542
EXHIBIT 3
pAF
Telt
)(4
y C istruction
-
_
Page 10 of 14
I
e
I
",i
Ordinance No. 542
TAX:PARCEL 092605-903,1 : . •
• TEMPORARY CONSTRUCTION.EASEMENT H.
.
That portion of the North Half of the Southeast Quarter of Section 9,,TOWnShip 26
Ranges East W:M., in King County, Washington; further described as follows:: . •
Commencing at the intersection of the East margin of the Snocitialrriie Branch ofthe Seattle
Division of the Northern Pacific Railway Company Right of Way with the Southeast Margin'
of G.L, Morris Road (also known as ,WoodinVille-DuvatRoad and SR-202) said intersection
being 20.00 feet Southeasterly and opposite Highway Engineer Station 1+60,15;Thence:
South 53°47'25'' East 3.69 feet along said East margin; Thence continuing South 53°47'25"
East 0.98 feet along said East margin to the beginning of a curve concave to the Southwest
having a radius of 1029:62 feet; Thence Southeasterly 8,34 feet along said Curve through a
central angle of 0°2805" to the beginning of a nor -i7 tangentcurve concave to the Southeast
having a radius of 662.00 feet and to which point a radial line bears North 29°16'21 West
and the Point of Beginning; Thence Northeasterly:35.54 feet along said curve through a
central angle of 3°04'33" to a point on a radial line of said curve Thence South 26°11'47" ,
East 200 feet along said radial line to the beginning of a non tangent curve concave to the
Southeast having a radius of 660.00 feet and to which point a:radial line bears North
26°11'47 West Thence Northeasterly 3.00 feet along said curve through a central angle of
00 15'88" to a point on a radial line of said curve; Thence North 25'56'09" West 2.00 feet
along the prolongation of said radial line to the beginning of a hori-tangent curve concave to
the Southeast having a radius of 662.00 feet and to which point a radial line bears North I..
2. 556'09" West Thence Northeasterly 38,59 feet along said curve through a central angle
of 3°20'22" to the beginning of a reverse curve concave to the Northwest having a radius of
598.00.feet, a radial line through said beginning bears South 22°35'.47" East; Thence
Northeasterly 58.38 feet along said curve through a central angle of 5°35'35" to a point
28.76 feet Southeasterly and opposite Highway Engineer Station 3+01.88, said point being
on the West line of that portion conveyed to the State of Washington by deed recorded
:under King County Auditors File Number 3348213; Thence South 24°35'55" East along :
said West tine 6.51 feet to the beginning of a non tangentcurve concave to the Northwest
having a radius of 604.59 feet and to which point a radial line bears South 28°09'03 East;
Thence Southwesterly 58.60 feet along said curve through a central angle of 5°3316" to the
beginning of a reverse curve concave to the Southeast having a radius of 655.50feet, a
radial line through said beginning bears South 22°35'47" East Thence Southwesterly 73:50
feet along said curve through a Central angle of 6°2528" to a point on said East margin of
the Snoqualmie Branch of the Seattle Division of the Northern Pacific Railway Company
Right of Way, said point being a point on a non tangent curve concave to the Southwest
having a radius of 1020.62 feet and to which point at-adial line bears North 37°04'38" : East
Thence NorthWesterly.:along said curve and East margin :7.11 feet through a Central angle of
0°23'58":to the Point of Beginning
.
,
:
z.
Containing approiimately 864 Square Feet.
Page 3(a)
Page 11 of 14
Ordinance No. 542
•'
-
• ‘-
z
.
RA 1+60,15:
- 20,60' RT,
\f
-.
......
75. 7., 202
Srpo,
'scEt)
3.69' 553°47'25'E
-
TEMPORARY CONSTRUCTION
EASEMENT AREA = 864 x SO. FT.
El EVE(44
•
0.98'
S53°4725 "E
R=1920.62•
(1=0°28'05 L=13.34'
R=660.00'
d=0°15'38"
L=3.130*
POINT OF BEGINNING
R=1020.62'
.6=0`23'58`
L=7.11"
M 3+01.88
2000' RT
2.00
N25°56'09'W
R=590.00
&=5"35'35"
L=58.38'
-- 2,00'
S26'11
R=662_00. .A=3°04'331'
L=35.54'
R=604.50'
4 -f5`33'16"
L=58.60'
R=655,50' /1=6'2E28 ,
L=73.50' •
N/F N P RR CO.
•
824°35'65"E
*-
6.51'
S24'3560'0
0 3 ,-01.88
28.76' RT
M 3+01.88
35.2T RT
2.43.83, 21.08' RT.
POINT OF.REVERSE CURVE
ON NEW RIGHT-OF-WAY
R=662.0a
; A=3°20'22'
L=38.59'
092605903?
0.3)
1
NOTE: THIS INFORMATION DOES NOT
REPRESENT A BOUNDARY SURVEY OR
PROPERTY OWNERSHIP.
Wes-
20
•
0
20
SCALE 140 FEET
40
NWY4, SE Y4, SEC 9-, T26N, R5E, W.M.
ROTFH!LL
Roth 1-101, Lt,C 7,4.425.809.9440 vh,,,ro!hbill.wn
11130 NE 33rd Place, Suite 200 Bellevut. WA 90004
CITY OF WOODINVILLE •
TEMPORARY_CONSTPUCTION EASEMENT:.
McGORRY'S ON THE SLOUGH - PARCEL 0926059031
DRAWN BY: RJR'
SCALE
40'
PROJECT i40.:
05E0 1 -5-i2
CHECKED BY; MA
Page 3(b)
Page 12 of 14
Ordinance No. 542
EXLHIT 4
P
JOStiP
C EI
A
c
•
rik n%
Temporar17 Ccr7truct!
Eacement
Page 13 of 14
Ordinance No. 542
TAX PARCEL 092605-9069
TEMPORARY CONSTRUCTION EASEMENT.
That portion of the Nolih Halfof the.Southeast Quarter of Secticifi 9, Township 26 North,
Range 5East W M. in King Cotintyi.Washingt6n; lying North of SR-202 and. SoOtheaSt of
the follOwing descriPecl line:
:
.
-
Beginning atthe intersection of the Northeast margin of the 65 fo6t wide Snociyalmie
Branch of the Seattle Division of the Northern Racific Railway Company Right of Way With:'
the NOrthwesfmargin of SR-202, said intersection being '50.00 feet Northwesterly and
opposite Highway Engineer Station 10+82.37 of Secondary State Highway No 1-A
Realignment.centerline, as ShoWn on State of Washington Dept of Highways .map of "SR
202 Woodinville Vicinity" Sheet 1 of.-1 (also known as. Woodinville-DUval Road); Thence
North 54°38'36" East 53.57 feet to a point 60.00 feet Northwesterly land oppesite HighWay
Engineer Stationl1+85; Thence North 79°37'11!'.East 40:03 feet to a point on said
Northwest margin, said point being "50.00 feet Northwesterly and opposite HighWay
Engineer Station 11+75 and the terminus of said line description.
.
.
Containing approximately 460 Square Feet.
Page 4(a)
Page 14 of 14
Ordinance No. 542