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Moses Lake condemns property for park

by Candice Boutilier<br>Herald Staff Writer
| March 27, 2008 9:00 PM

City continues deed transaction

MOSES LAKE - The City of Moses Lake is continuing the condemnation process to acquire a piece of property to expand the Japanese Peace Garden.

The city council unanimously approved the decision Tuesday night. The motion was approved on the second reading making it official.

City staff began negotiating with Kathleen Jenny to purchase her lot in 2006. The vacant lot is less than one acre and is adjacent to the park.

The deal appeared to be complete but Jenny did not sign the property deed over to the city after the city agreed to her sale price.

Attorney Eric K. Peterson who represents Jenny said the process stopped due to a disagreement about how much the land is worth.

Mayor Ron Covey called the term condemnation nasty and asked City Manager Joe Gavinski to explain the situation.

Gavinski said Jenny now believes the property is worth more than she had it appraised for.

The city originally offered approximately $50,000 to Jenny. She wanted approximately $80,000 for the property and the city agreed to the price.

Gavinski said although the city is condemning the property, they will still pay Jenny the amount she originally requested.

City Attorney Jim Whitaker said it's appropriate for the city to condemn the property because there is a public use and a value was assigned to it.

Councilmember Dick Deane asked if the death of her financial adviser caused the transaction to stop.

Gavinski said no. When the city had difficulty contacting Jenny, they contacted her financial representative and legal counsel in the past. The city now works with Jenny's legal counsel.

"She's evidently not capable of making decisions," Councilmember Richard Pearce said.

Jenny's legal counsel advised the city to move forward with the condemnation process, he added.

The Columbia Basin Herald was unable to contact Jenny for comments.

Councilmember Jon Lane was absent from the meeting.