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HomeMy WebLinkAbout1972-1475 ORDINANCE NO. /415 - AN ORDINANCE authorizing and directing the City Attorney of the City of Yakima and the Prosecuting Attorney of the County of Yakima to institute and prosecute legal proceedings for the con- demnation and acquisition of real property for a public improvement project to consist of the widening and improving of a portion of Summitview Avenue between 42nd Avenue and 55th Avenue in the City of Yakima, Washington, for rights to construct and maintain slopes for cuts and fills necessary in connection with such public improvement project, and for the installation of curbs, gutters, sidewalks, drainage facilities and public utility facilities related thereto; providing for the condemnation and taking of such real property and declaring the condemnation and taking thereof to be necessary for a public use required by the public interests; directing that compensation for such taking be paid from the Urban Arterial Fund of the City of Yakima; and declaring an emergency. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. The City Attorney of the City of Yakima and the Prosecuting Attorney of the County of Yakima are hereby authorized and directed to institute and prosecute an action in the Superior Court of the State of Washington, in and for Yakima County, for the condemnation and acquisition of the hereinafter described real property for a public improvement project to consist of the widening and improving of a portion of Summitview Avenue between 42nd Avenue and 55th Avenue in the City of Yakima, Washington, for rights to construct and maintain slopes for cuts and fills necessary in connection with such public improvement project, and for the, installation of curbs, gutters, sidewalks, drainage facilities and public utility facilities related thereto, said real property being situated in the City of Yakima, Yakima County, Washington, and being more particularly described as follows: Parcel 5.T The South 25 feet of the following described Parcel A and Parcel B: "Parcel A. The East 11.35 acres of that portion of the Southwest quarter of the Northea3t quarter of Section 21, Township 13 North, Range 18 E.W.M., lying south and below the Yakima Valley Canal, EXCEPT the South 20 feet being the right of way for Summitview Avenue. Parcel B. The East' 2.7 feet of the following described property: Beginning at a point on the East and West centerline 373.3 feet East of the center of Section ? Township 13 North, Range 18 thence North 0 13' West 1102.0 • feet to the South line of the right 8f way of the Yakima Valley C8nal; thence South 79 4' East 90.1 thence South 89 36' East 86 feet; thence South 28 20' East 63.5 feet to the West line of the East 11.35 acres of that portion of the Southwest ouarter of the North- east quarter of said Section south of the Yakima Valley Canal; thence South 0 7' East along said TAest line 1029.3 feet to the South line of said subdivision; thence West 203 feet, more or less, to the point of beginning. EXCEPT the South 20 feet being road right of way for Surnrni tview Avenue. EXCEPT the East 21.1 feet of the North 7 feet of the - Said South 25 feet of Parcel A." • Parcel 34: That parcel of land which is described by the following bounds: "Beginning at the West quarter corner of Section 22, Township 13 North,. Range 18, East, W.M. easterly along the East-West Centerline of said Section a distance of 20 feet; thence Southerly and parallel with the West line - of the Southwest quarter of said Section a distance of 20 feet to the true point of beginning; thence continuing Southerly and parallel with the West line of the Southwest quarter of said Section a distance of 80 feet; thence Easterly and parallel with said East-West centerline a distance of 10 feet; thence northerly and parallel with the West line of said Southwest quarter a distance of 40 feet; thence Northeasterly to a point that is 50 feet southerly of said East-West centerline AND 40 feet Easterly of the West line of said Southwest quarter; thence Easterly and pOrallel with said East-West centerline to a point that is 360.87 feet westerly of the East line of the North half of the Northwest quarter of the Northwest quarter of the Southwest quarter of said Section; thence Southerly and parallel with the West line of said North half a distance of 5 feet; thence Easterly and parallel with said East-West centerline to a ,point that is 30 feet westerly of the East line of said North half; thence Southerly and parallel with the West line of the Southwest quarter of said Section to the South line of said North half; thence Easterly along said South line a distance of 30 feet to the East line of said NOrth half; thence Northerly along said East line to a point that is 20 feet southerly of said East-Nest centerline; thence Westerly and parallel with said East-West centerline to the True Point of Beginning." • Parcel 50. The North 30 feet of the following described property: "The East 115 feet of the North 264 feet of the East, half of the West half of the West half of the Northeast quarter of the Southwest quarter of Section 22, Township 13 North, Range 18 E.W.M. LESS right of way for Yakima . Valley Canal, and LESS the North 20 feet." Parcel 52. -The north 30 feet of the following described property: "Beginning at the Northwest corner of the East half of the West half of the Northeast quarter . of the Southwest quarter of Section 22, Township 13 North, Range 18, E.W.M.; thence East 60 feet; thence South 132 feet,more or less, to the North line of the Yakima Valley Canal Company's right of way; thence Northwesterly along said right of line to the West line of said subdivision; thence North 116 feet, more or less, to the point of beginning, EXCEPT the North 20 feet.", Section 2. The acquisition of said real property for the purposes herein mentioned is required for the interests of the public and of the City of Yakima, and the uses and purposes herein mentioned do constitute a public use of said property, and said real property is necessary for the use and purposes mentioned herein. Section 3. The compensation for said real property to be taken shall be payable from the Urban Arterial Fund of the City of Yakima. Section 4. In conducting said condemnation proceedings, the City Attorney or the County Prosecuting Attorney is hereby authorized to stipulate to any matters for the purpose of minimizing damages. -2- • Section 5. This ordinance is one to provide for the immediate preservation of the public peace, property, health, safety and welfare of the people of the City of Yakima and an emergency is hereby declared to exist and this ordinance shall be in full force and effect immediately upon its passage, approval and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this /S'{jik ) day of December, 1972. Mayor ATTEST: 4 • City Clerk • • -3-