NOH: Regarding acquisition of additional road right of way for Highway 603 Stabilization Project BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: )
The necessary acquisition of additional ) RESOLUTION 15- '
road right of way for the Highway 603
Stabilization Project
WHEREAS, the Lewis County Transportation Improvement Plan includes the Highway 603
Stabilization Project; and
WHEREAS, RCW 8.08.010 empowers the County to condemn land for public use when deemed
necessary for public purposes; and
WHEREAS, on February 24, 2014, the Board of County Commissioners (BOCC) passed
Resolution 14-066, instructing the County Road Engineer to acquire all necessary right of way for the
Highway 603 project under its eminent domain authority; and
WHEREAS, offers to acquire additional right of way were made to all owners of land required for
the project; and
WHEREAS, the original property owner was in agreement, however, title clearing delayed the
transaction and it was never finalized. The property has since gone into foreclosure, and negotiations with
the new owner, Wilmington Savings Fund Society, have not been successful; and
WHEREAS, the County and property owner have reached an impasse for acquisition of the
necessary right of way, and the only available option is to initiate condemnation; and
WHEREAS, RCW 8.25.290 requires that notices and publications be made prior to the BOCC
taking final action to authorize condemnation of the property.
NOW, THEREFORE, BE IT RESOLVED that the Public Works Department is hereby instructed to
proceed with all necessary notifications and publications required by RCW 8.25.290; then report back when
requirements are met, at which time, authorization of condemnation will be considered.
DONE IN OPEN SESSION this 23rd day of November, 2015.
APPROVED A TO°FORM: BOARD OF COUNTY COMMISSIONERS
Jonat '► ' e , Prosecuting Attorney LE COUNTY, A A HINGTON
Or• ••GptINTk 4146-,• • I- 4 _s' ALL.
By: Gl rter ® i�o °F , dna J. d C OPP
Dep. rosecuting Atto
•.fir SS /L�_ . '� _ ` � ��
ATTES : : 0 1b45 Pal . Schult-, Vice Chair
Karri Muir, CMC, Clerk of he Lewis' .G7.°.®S®5et•• Gary Stamper, Commissioner
County Board of County Commissioners
NOTICE
NOTICE IS HEREBY GIVEN that the Board of County Commissioners (BOCC), Lewis
County, Washington, intends to initiate condemnation proceedings for the Highway 603
Stabilization Project which is in the Lewis County Transportation Improvement Plan. On
February 24, 2014, the BOCC passed Resolution 14-066, instructing the County Road
Engineer to acquire all necessary right of way for the Project under its eminent domain
authority. The original property owner was in agreement, however, title clearing delayed the
transaction and it was never finalized. The property has since gone into foreclosure, and
negotiations with the new owner, Wilmington Savings Fund Society, have not been
successful. The only available option is to initiate condemnation to acquire the needed right
of way. RCW 8.25.290 requires that notice and publication be made prior to the BOCC
taking final action to authorize condemnation of the property. Such notices and publications
will be made and on December 14, 2015 at or after the hour of 10:00 a.m. in the
Commissioners Hearing Room on the 2nd floor of the Historic Courthouse in Chehalis,
Washington authorization of condemnation will be considered.
DATED: November 23, 2015
lerk of the Lewis County Board
of County Commissioners
Publish: East County Journal
November 25 and December 2, 2015
The Chronicle
November 24 and December 1, 2015
Final action set for December 14, 2015
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Executive Summary
BOCC Meeting Date:
2015-11-23
Contact:
Tim Elsea
Department:
Public Works
Wording
The necessary acquisition of additional road right of way for the Highway 603
Stabilization Project
Description
The Lewis County Transportation Improvement Plan includes the Highway 603 Stabilization Project.
On February 24, 2014, the Board of County Commissioners (BOCC) passed Resolution 14-066,
instructing the County Road Engineer to acquire all necessary right of way for the Highway 603
project under its eminent domain authority. Offers to acquire additional right of way were made to all
owners of land required for the project. The original property owner was in agreement, however title
clearing delayed the transaction and it was never finalized. The property has since gone into
foreclosure, and negotiations with the new owner, Wilmington Savings Fund Society, have not been
successful. The County and this property owner have reached an impasse for acquisition of the
necessary right of way, and the only available option is to initiate condemnation. RCW 8.25.290
requires that notices and publications be made prior to the BOCC taking final action to authorize
condemnation of the property. This resolution instructs the Public Works Department to proceed with
all necessary notifications and publications required by RCW 8.25.290; then report back when
requirements are met, at which time, authorization of condemnation will be considered.
Recommendation
Other
BOCC AGENDA ITEM SUMMARY
Resolution #: k. -337-- BOCC Meeting Date: Nov 23, 2015
Suggested Wording for Agenda Item: Agenda Type: Notice
The necessary acquisition of additional road right of way for the Highway 603
Stabilization Project
Brief Reason for BOCC Action:
This resolution instructs the Public Works Department to make necessary notifications and publications required
before considering the use of eminent domain to acquire right of way for the Highway 603 Stabilization project.
Submitted By: Albert, Kelly Phone: 2697
ECEIV
Date Submitted: Nov 06, 2015
Contact Person Who Will Attend BOCC Meeting: Tim Elsea NOV 12 2015
Action Needed: Approve Resolution
LEI MS CO. PROS. ATTY.
Publication Requirements:
Hearing Date: Dec 14, 2015
Publications:
Publication Dates:
Additional Copies
Larry Unzelman, Kim Amrine, Kelly Albert
-- v
) lv Ad
NOTICE
NOTICE IS IIEREBY GIVEN that
the Board of aunty Commissioners
(BOCC), Lewis County,
Washington,'intends to initiate
condemnation proceedings for the
Highway 603 Stabilization Project
which is in the Lewis County
Transportation ryImprovement
AFFIDAVIT OF PUBLICATION Plan. On pa February
Resolution 014,4t
066, instructing the County Road
STATE OF WASHINGTON right for 1
COUNTY OF LEWIS 1 SS its eminent dombin authority.The
original property owner was in
agreement,however,title clearing
The undersigned,on oath state that he/she is an authorized representative delayed the transaction and it war
never finalized.The property has
of The East County Journal,a weekly newspaper,which newspaper is a since gone into foreclosure, and
legal newspaper of general circulation and it is now and has been for more negotiations with the new owl
than six month prior to the date of publication hereinafter referred to Wilmington SavinisFund SOc
published in the English language continuously as a weekly newspaper have not been siccessful. er
in Morton,Lewis County,Washington, and it is now and during all of only available option is te,
said time was printed in an office maintained at the aforesaid place of condemnahontaatte
right ofway.RCW$
publication of this newspaper.
.25'4
that notice and pub ication bar
prior to the BOeC taking filar•
The notice in the exact form annexed, was published in regular issues action to authorize condemnation
of The East County Journal which was regularly distributed to its of the property. Such notices
subscribers during the below stated period. and publications will be made
The annexed notice,a and on December 14, 2015 at or
after the hour of 10:00 a.m.in the
17 Commissioners Hearing Rota
t.Ac a / GZ //YL/,�:SSi
O/L/+!/3i t -itl'I f on the 2°° floor of the Hi t
� J Cou thouse in Chehalis,Wad
a/n'/'//c Z �G - (LEI Q,Y/r ,Ltr! Ar/7,6, 4e.�cr authorization of condemnation will.
.4-6;,,,,,z4„, f1/ii,..e d t- c 3 5"k- a,° ;-i'6oz/ / CJ ec, DATED:TED:Nov
J DATED:November 23,2015
was published on Clerk of the Lewis County Board
Na t 1, 1 I--&e.. 4 /5,(S
/ Publish: East County Journal
November 25 and December 2,
The amount of the fee charged for the foregoing publication is the sum 2015
/ '�— The Chronicle
of$ , • =—O November 24 and December 1,
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•�_ ,�J/f� Final action set for December 14,
2015
Parcel No.015271 002 000
/� /� Published in The East County
Subscribed and sworn to before me this 9 IL W day of e) del Journal November 25,December.
-tL 2,2015
0 01011I1lilpU// Notary Public in and for the
�r, ..x'.:..4/6, State of Washington
Q�!o`S%\SSIONF-t..?% Residing in Onalaska
NOT Af. m
'N\''"G PUBLIC
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