HomeMy WebLinkAbout003 13C~ '. ~~ti
I }~`{~ < STATE OF WASHINGTON
.County of Jefferson
In the Matter of Approving an Administrative }
Settlement for the Purchase of Property Required }
For the Port Hadlock Wastewater Treatment Project } RESOLUTION NO. C3-13
WHEREAS, the Growth ManagemenYAct requires that urban levels of service, including
sewer service, be in place prior to allowing urban zoning to be implemented within the
Irondale/Port Hadlock Urban Growth Area (UGA); and
WHEREAS, the Port Hadlock UGA Sewer Facility Plan ("Plan") has been adopted by the
County and has been approved by the State Departments of Health and Ecology; and
WHEREAS, the Plan calls for construction of a gravity wastewater collection system
leading to a membrane bioreactor plant for wastewater treatment to Class A reclaimed water
standazds and for infiltration of the reclaimed water into the Chimacum Creek aquifer to
supplement base flows in the Creek (collectively, the "Project"); and
WHEREAS, hydro-geologic studies show the reclaimed water infiltration area must be
sited in low-lying azeas near Chimacum Creek and that property identified as Jefferson County
parcel #901112010 and the westerly half of parcel #90 1 1 1 2002, comprising approximately 13.5
acres (the "Property"), is required for Phase I of the Project; and
WHEREAS, the County has had the subject property appraised and reviewed and has been
in negotiations with the owner of the Property; and
WHEREAS, the Property currently supports a legal non-conforming use associated with
an industrial/commercial operation, including a concrete batch plant and rock processing facility
and has also been mined for mineral resources in recent yeazs and continues to contain
commercially useful mineral resources; and
WHEREAS, the Property owner has rejected the County's offers, and indicated that the
County's appraised value is not adequate to compensate for the value of the property, remaining
mineral resources, and damages to the remainder of the owner's property, and has provided his
own appraisals prepared by an experienced and licensed appraiser to support his position; and
WHEREAS, negotiations have resulted in the potential for administrative settlement of
this matter and acquisition of the necessary interests in the Property for $651,812; and
WHEREAS, the County has investigated all alternatives, including alternative sites, and
the exercise of the County's right of eminent domain; and the County has determined that it is in
the best interests of the County to avoid condemnation which may require many months to over
a yeaz to conclude, subject the County to payment of substantial legal fees for both parties under
Page 1
03-13
Resolution No. re: Administrative Settlement Pazcels 901112010 and 901112002
WHEREAS, completing the Property acquisition in a timely manner will facilitate
formation of a Local Improvement District (L.I.D.) to fund the Project by demonstrating Project
readiness to the L.I.D. participants; and
WHEREAS, completion of the Property acquisition will facilitate the pursuit of State and
Federal funding during 2013 which is intended to reduce the overall costs of the Project and
future sewer rates to the customers; and
WHEREAS, an administrative settlement of $651,812.00 is within the range originally
budgeted for land acquisition costs for the Project; and
WHEREAS, in 2011 the County sold bonds to finance sewer design and land acquisition
for the Project, and adequate bond funds remain for this purchase with repayment committed
through Public Infrastructure Fund revenue; and
WHEREAS, the Jefferson County Boazd of Commissioners determines that it is
reasonable, supportable and in the public interest to administratively settle the Property
acquisition; NOW, THEREFORE,
BE IT RESOZVED, that the Jefferson County Board of Commissioners hereby approves
the administrative settlement for acquisition of the Property in the amount of Six Hundred Fifty-
One Thousand Eight Hundred Twelve Dollazs ($651,812) together with all costs of closing, and
hereby directs the County Department of Public Works to take such necessary actions to
implement this authorization and to acquire the Property, without further delay.
V
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APPROVED AND ADOPTED this
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AT'I~ST..__.
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Raina Randall
Deputy Clerk ofthe Board
~~ day of ~~v Lt,Ei,Vl.1 , 2013.
JEFFERSON COUNTY
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Phil Johnson, M/em/b?er~
BOARD OF C MMISSIONERS
Jo Austin, Chairman
David Sullivan, Member
Page 2
Department of Public Works
O Consent Agenda
Page 1 of 1
Jefferson County
Board of Commissioners
Agenda Request
To: Board of Commissioners
Philip Morley, County Administrator
From: Frank Gifford, Public Works Director ~,~f
Agenda Date: January 14, 2013
Subject: Administrative Settlement for Property Acquisition
Port Hadlock Wastewater Treatment Project
Statement of Issue:
A resolution directing the Department of Public Works to administratively settle
property acquisition for parcel #901112010 and the westerly half of parcel
#901112002 comprising approximately 13.5 acres in the amount of $651,812.
Analysis/Strategic Goals/Pro's 8: Con's:
Negotiations with the property owner have resulted in an indication that this matter
can be settled for the aforementioned amount. It is in the interests of both parties to
avoid a condemnation process which will incur substantial legal fees, require up to a
year to complete, and which may ultimately result in higher costs to the County.
Fiscal Impact/Cost Benefit Analysis:
$651,812. Funded by 2011 LTGO Bonds with Public Infrastructure Fund (PIF)
repayment.
Recommendation:
Sign the attached resolution directing the Department of Public Works to
administratively settle this matter without further delay in the amount indicated.
Department Contact:
Will Butterfield, Right of Way Representative 385-9350
Reviewed By:
~~ `~
ilip Morl unty Adini~istriitor
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Date