Notice of the necessary acquisition of additional right of way for Jackson Highway South, MP 2.108, in Toledo BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: RESOLUTION NO. 20-042
THE NECESSARY ACQUISITION OF ADDITIONAL
RIGHT OF WAY FOR JACKSON HWY SOUTH MP 2.108,
TOLEDO
WHEREAS, on April 29, 2019, the Board of County Commissioners (BOCC) passed
Resolution 19-122, instructing the County Road Engineer to acquire all necessary right
of way for the Jackson Hwy South culvert replacement project; and
WHEREAS, RCW 8.08.010 empowers the County to condemn land for public use when
deemed necessary for public purposes; and
WHEREAS, an offer to acquire additional right of way was made to all owners of
required land for the project; and
WHEREAS, negotiations have not been successful in acquiring right of way from one
property owner; and
WHEREAS, the County and Ralland L. and Darlene J. Wallace 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 properties.
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 for additional right of way for Jackson Hwy South will be considered.
DONE IN OPEN SESSION this 3rd day of February, 2020.
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON
Cullen Gatten Gary Stamper
By: Cullen Gatten, Gary Stamper, Chair
Deputy Prosecuting Attorney
ATTEST: Edna J . Fund
Edna J. Fund, Vice Chair
Rieva Lester Robert C . Jackson
Rieva Lester, Robert C. Jackson, Commissioner
Clerk of the Lewis 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. On April 29. 2019. the
BOCC passed Resolution 19-122, instructing the County Road Engineer to acquire all
necessary right of way for the Jackson Hwy South culvert replacement project under its
eminent domain authority. An offer for the acquisition of additional right of way was made
by Lewis County to all property owners. Negotiations have not been successful in acquiring
right of way from one property owner. 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 March 2, 2020, at or after the hour of 10:00
a.m. in the Commissioners Hearing Room on the 2nd floor of the Historical Courthouse in
Chehalis, Washington authorization of condemnation will be considered.
DATED: February 3. 2020
Clerk of the Board
of County Commissioners
Publish:
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BOCC AGENDA ITEM SUMMARY
Resolution: 20-042 BOCC Meeting Date: Feb. 3, 2020
Suggested Wording for Agenda Item: Agenda Type: Legal Notice
The necessary acquisition of additional right of way for Jackson Hwy South MP 2.108, Toledo
Contact: Josh Metcalf Phone: 2762
Department: PW - Public Works
Description:
On April 29, 2019, the Board of County Commissioners (BOCC) passed resolution 19-122,
instructing the County Road Engineer to acquire all necessary right of way for the Jackson Hwy
South culvert replacement project near Toledo. An offer for the acquisition of additional right of
way was made by Lewis County to all property owners of required land. One property owner,
Ralland L. and Darlene J. Wallace, had 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
properties. 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.
Approvals: Publication Requirements:
Publications:
User Status The Chronicle, February 4 & 11, 2020
Lewis County News, February 12 & 19,
PA's Office Approved 2020
Additional Copies: Cover Letter To:
Tim Fife, Martin Roy, Robin Saline, Rose
Williams, Kelly Albert, Tina Hemphill
113438 Jackson Hwy
NOTICE
NOTICE IS HEREBY GIV-
EN that the Board of
County Commissioners
AFFIDAVIT (BOCC), Lewis County,
Washington, intends to.ini-
OF PUBLICATION tiate condemnation pro-
ceedings. On April 29.
STATE OF WASHINGTON 2019, the ssed
Resolution B 19122a in-
COUNTY OF LEWIS structing the
Engineer to County Road
acquire all
necessary right of way for
the Jackson Hwy South
Alysa Andrews,and/or Mandy Klemola,and/or Kailyn Sawyer, culvert replacement project
and/or Cindy Thayer says that she is the legal clerk of under its eminent domain
authority. An offer for the
Peacquisition of additional
Erontttt right of way was made by
Lewis County to all proper-
ty owners. Negotiations
a semi-weekly newspaper,which has been established,published have not been successful
in the English language,and circulated continuously as a in acquiring right of way
from one property owner.
semi-weekly newspaper in the City of Centralia,and in Lewis The only available option is
County,Washington,general circulation in Lewis County for to initiate condemnation to
more than six(6)months prior to the date of the first publication acquire the needed right of
of the notice hereto attached,and that the said Chronicle was on way. RCW 8.25.290 re-
the 7th day of July 1941,approved as a legal newspaper by the quires that notice and
Superior Court of said Lewis County.And that the attached is a publication be made prior
to the BOCC taking final
true copy and was published in regular issues(and not in
action to authorize con-
supplement form)of said newspaper as LEGAL#113438 demnation of the property.
RE:Jackson Hwy Such notices and publica-
1 tions will be made and on
once eaclt11 )i for a period of 2 b i 11 March 2, 2020, at or after
the hour of 10:00 a.m. in
commencing on 02/04/2020 and ending on 02/11/2020 the Commissioners Hear-
ing Room on the 2nd floor
of the Historical Court-
and both regularly distributed to its subscribers during all of said house in Chehalis. Wash-
period.That the full amount of the fee charged for the foregoing ington authorization of con-
... i•..'on is a sum of$37.20 demnation will be consid-
ered.
DATED:February 3,2020
Ai._.- Clerk of the Board of
117 o to bef— e.02/l l/2020 County Commissioners
�, : Publish:The Chronicle
1 AI February 4.& 11.2020
Lewis County News
No ... Public in and for the Statp.p 11161MSH!(!t9 February 12&19,2020
resi•_�_at �`°\‘.oAC.A`tR ��/zi, Final
action
tion set for March
Liguitt..._,)
` 0
0•• .0-rEXP�q•• %. Parcel No. 011667 000
.�_ _ �,P�25,2_`,s 000 and 011668 000 000
'LW • = Published:The Chronicle
g‘\G • = February 4&11,2020
113438 Jackson Hwy
NOTICE
OCE
AFFIDAVIT EN hatlsthe HER Board lof
OF PUBLICATION 80CC), Lewis Commissioners County.
STATE OF WASHINGTON Washington, intends to i o-
tiate condemnation pro-
COUNTY OF LEWIS 2019�, the BOCC passsngs. On April- d
Resolution 19-122, in-
structing the County Road
Alysa Andrews,and/or Mandy Klemola,and/or Kailyn Sawyer, Engineer to acquire all
and/or Cindy Thayer says that she is the legal clerk of necessary right of way for
the Jackson Hwy South
Vieculvert replacement project
1jroittt1t under
tho its Aneminent fefdo the
authority. An offer for the
acquisition of additional
a semi-weekly newspaper,which has been established,published right of way was made by
Lewis County to all proper-
in the English language,and circulated continuously as a ty owners. Negotiations
semi-weekly newspaper in the City of Centralia,and in Lewis have not been successful
County,Washington,general circulation in Lewis County for in acquiring right of way
more than six(6)months prior to the date of the first publication from one property owner.
of the notice hereto attached,and that the said Chronicle was on The only available option is
toto
the 7th day of July 1941,approved as a legal newspaper by the acquire initiatetcondemnationeright of
the needed of
Superior Court of said Lewis County.And that the attached is a way. RCW 8.25.290 re-
true copy and was published in regular issues(and not in quires that notice and
supplement form)of said newspaper as LEGAL#113438 publication be made prior
RE:Jackson Hwy to the BOCC taking final
action to authorize con-
once each/1.2.0-Lii(for a period of 2 LE--)J ..14(.2.) demnation of the property.
Such notices and publica-
commencing on 02/04/2020 and ending on 02/1U2020 lions will be made and March 2, 2020, at or after
the hour of 10:00 a.m. in
and both regularly distributed to its subscribers during all of said the Commissioners Hear-
period.That the full amount of the fee charged for the foregoing ing Room on the 2nd floor
u ' ion is the sum of$37.20 of the Historical Court-
house inChehalis. co -
ington authorization off con-
demnation will be consid-
Su orn to before me 11/2020 ered.
DATED:February 3,2020
Clerk of the Board of
County Commissioners
Notary blic in and for the State of y()ts !ON/ Publish:The Chronicle
February 4 resid' at `����pP; � //�i'i Lewis County News
11, 020
O•.•,ENT i9•.• .1, February 12& 19,2020
�•o 25, �Fs•. S.
-•.�'�P ?, • Final action set for March
zi
•q ra O't 'R r 2,2020
auw. Parcel No. 011667 000
• or'. \C, o• = 000 and 011668 000 000
• �z
.. �• •.•v.- At.'•• (1 s. Published:The Chronicle
' is'' ••���� February 4& 11,2020
Legal Affidavit Page 1 of 1
Lewis County Board of Commissioners NOTICE
351 N.W. North St. , '
Chehalis. WA 98532 NOTICE IS HEREBY GIVEN that the Board of County
(360) 740-1419 Commissioners(BOCC), Lewis County, Washington,
intends to initiate condemnation proceedings. On April
29, 2019. the BOCC passed Resolution 19-122,
instructing the County Road Engineer to acquire all
necessary right of way for the Jackson Hwy South
Affidavit of Publication culvert replacement project under its eminent domain
authority. An offer for the acquisition of additional right
County of Lewis of way was made by Lewis County to all property
owners. Negotiations have not been successful in
ss acquiring right of way from one property owner. The
only available option is to initiate condemnation to
State of Washington acquire the needed right of way. RCW 8.25.290
requires that notice and publication be made prior to
Alisa C. Myers the BOCC taking final action to authorize
condemnation of the property. Such notices and
being first duly sworn on oath deposes and says that publications will be made and on March 2, 2020, at or
She is the Office Support Staff of The Lewis County after the hour of 10:00 a.m. in the Commissioners
News, a weekly newspaper, that said newspaper is a Hearing Room on the 2nd floor of the Historical
legal newspaper and has been approved as a legal Courthouse in Chehalis, Washington authorization of
newspaper by order of the Superior Court of County of condemnation will be considered.
Lewis, which is the county of its publications. That the
annexed is a true copy of: DATED: February 3, 2020
LEGAL PUBLIC NOTICE
as it was published in regular issues(and not in Clerk of the Board
supplement form) of said newspaper once a week for a of County Commissioners
period of 2 consecutive week(s), commencing on the
day of 2/12/2020, ending on the day of 2/19/2020, both Publish:
dates inclusive and that such newspaper was regularly The Chronicle February 4 & 11, 2020
distributed to its subscribers during all of said
publications for the sum of$285.56, which amount has Lewis County News February 12 & 19, 2020
been paid in full at the rate of$12.1 per column inch for
the first insertion and for the sum of$142.78, at the rate Final action set for March 2, 2020
of$12.1 per column inch for each subsequent insertion
and for the sum of$142.78. The total column inch Parcel No. 011667 000 000 and 011668 000 000
count per insertion is 11.8.
Reference#85854
Subscribed and sworn to before me this -�+ 'v
Notary Public in and for the
State of Washington
Residing at Raymond, Washington
My.pppointrte,nt expires 3.
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http://50.78.162.153/booker/viewaffidavit.asp?id=254424 2/21/2020
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