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ORDINANCE NO. 2386
AN ORDINANCE OF THE CITY OF MOSES LAKE, WASHINGTON,
AUTHORIZING THE CITY ATTORNEY TO ACQUIRE BY NEGOTIATION
AND/OR CONDEMNATION OF CERTAIN PROPERTIES FOR THE
CONSTRUCTION, EXPANSION AND COMPLETION OF THE JAPANESE PEACE
GARDEN PARK PROJECT; PROVIDING FOR THE CONDEMNATION,
APPROPRIATION, TAKING AND DAMAGING OF LAND AND OTHER
PROPERTY RIGHTS NECESSARY THEREFORE; ALL LOCATED WITHIN THE
CITY OF MOSES LAKE AS ASSESSOR'S PARCEL NUMBER 11 0095 000 IN
GRANT COUNTY, WASHINGTON [IN RE JAPANESE PEACE GARDEN PARK
PROJECT]
THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS:
Section 1. Improvement to be Made:
1.1 The City of Moses Lake operates a municipal park and recreation system consisting of a series
of parks and other recreational facilities used by the citizens of the city for recreational and
entertainment purposes. In connection with the operation of that park and recreation system, the
city has undertaken a series of improvements to that park system to enhance the recreational and
educational opportunities available to citizens of the city. Part of those park system improvements
include completion of the Japanese Peace Garden Park by constructing, expanding and
completing the Japanese Peace Garden Park per the approved plans for the final design of that
park.
1.2 Following planning and study, including consultation with the city Parks and Recreation
Commission, the city has determined that construction, expansion and completion of the Japanese
Peace Garden Park requires the acquisition of the parcel of real property described in Section 2
below.
Section 2. Description of Property to be Taken or Damaged:
2.1 Property is to be taken and damaged for public purposes including acquiring all right title and
interest in the subject real property, for the purpose of constructing, expanding and completing the
Japanese Peace Garden Park per the approved plans for the final design of that park.
2.2 Description of property parcel for which ownership is to be obtained:
PARCEL 11 0095 000
LEGAL DESCRIPTION
Beginning at the intersection of the SE line of Seventh Street, and the NE line of Alder
Street, extended; thence 5410 feet South 36°19'06" East along the NE line of said
Alder Street, extended;
Thence 275 feet South 53°40'54" West parallel with Seventh Street;
Thence 410 feet North 36°19'06" West to the SE line of said Seventh Street;
Thence 275 feet North 53°40'54" East along the SE line of said Seventh Street to the Pont of
Beginning, less street and plat
Section 3. Prosecution: That the City Attorney is hereby authorized and directed to acquire by negotiation,
to purchase, and/or to institute and prosecute to determination in the Grant County Superior Court, an action
in the name of the City of Moses Lake for acquisition and condemnation of certain property and property
interests, as described below, including all right title and interest, for the purpose of constructing, expanding
and completing the Japanese Peace Garden Park per the approved plans for the final design of that park. In
conducting said condemnation proceedings, the City Attorney is hereby authorized to enter into stipulations
for the purpose of minimizing damages.
Adopted by the City Council and signed by its Mayor o
Ronald C. Covey, Mayo
ATTEST:
ORDINANCE NO. 2386
PAGE 2 May 13, 2008
Section 4. Public Use and Necessity: The City Council hereby finds and declares that the acquisition of the
property rights herein described are for a public purpose and are necessary for public purposes.
Section 5. Property for Public Use — Just Compensation: All lands, rights, privileges and other property lying
within the limits of the lots, blocks and tracts of land described herein are hereby condemned, appropriated,
taken and damaged for the purpose of constructing, expanding and completing the Japanese Peace Garden
Park per the approved plans for the final design of that park of the city and other public use, and all lands,
rights, privileges and other properties are to be taken, damaged and appropriated only after just compensation
has been made, or paid into court, in a manner provided by law, for the owners of those properties taken,
damaged and appropriated.
Section 6. Reservation of Right to Decline: Nothing in this ordinance shall be construed as a waiver by the
City of Moses Lake of its right to decline to take and pay for such rights of properties in the real estate herein
described, should it so elect, after the amount of damages has been ascertained and within the time allowed
by law.
Section 7. Funding: That compensation for the lands, rights and titles herein to be taken, and/or damaged,
shall be paid for from the General Fund of the City of Moses Lake, all in the manner provided by law.
Section 8. Reservation: Nothing in this ordinance limits the city in its identification and acquisition of property
and property rights necessary for its park purposes. The city reserves the right to acquire other or different
properties for the park system if necessary or desirable.
Section 2. This ordinance shall take effect and be in force five (5) days after its passage and publication
of its summary as provided by law.
Ronald R. Cone, Finance Director
APP ED AS TO FORM:
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ernes A. hit ker, City Attorney
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