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HomeMy WebLinkAbout1973-1485 4-. 1 ORDINANCE NO. / AN ORDINANCE authorizing and directing the City Attorney of the City of Yakima to institute and prosecute legal proceedings for the condemnation and acquisition of real property for a public improvement project to consist of the widen- ing and improving of a portion of North 40th Avenue from the vicinity of Lincoln Avenue to Englewood Avenue in the City of Yakima, Washington, for rights to construct • and maintain slopes for cuts and fills necessary in con- nection 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 there- of to be necessary for a public use required by the public interests; directing that compensation for such taking be paid from the Arterial Street 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 is 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 widen- 41 / ing and improving of a portion of North 40th Avenue from the vicinity of Lincoln Avenue to Englewood Avenue in the City of Yakima, Washing- ton, 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. The east 16 feet of the west 36 feet of the following described Parcel #5, also a triangular parcel beginning at the southwest corner of the following described Parcel #5, thence easterly along the south line of Parcel #5 a distance of 49.5 feet to the true point of beginning, thence westerly along the south line of Parcel #5 a distance of 13,5 feet, thence northerly parallel with the west line of Parcel #5 a distance of 13.5 feet, thence southeasterly to the true point of beginning. Parcel #5: Beginning at a point on the west line of the northeast quarter of Section 22, Township 13 North, Range 18, E.W.M., 1199.5 feet south of the northwest corner thereof; thence east 127.1 feet; thence south 75.2 feet; thence west 127.1 feet; thence north 75.2 feet to point of beginning. Parcel 11.A11 that portion of the following described parcel #11 lying west of a line drawn parallel and 35 feet east, when measured at right angles, of the following des- cribed line: Beginning at the southwest corner of the northwest quarter of the northeast quarter of Section 22, Township 13 North, Range 18, E.W.M., thence north, reference bearing along the west line of said subdivi- sion 292.45 feet, thence north 3 west 207.96 feet to a point 500 feet north and 13 feet west of the point of beginning, thence north 5 east 200.90 feet to a point 700 feet north and 6 feet east of the point of beginning, thence north 1 east 300.13 feet to a point 1000 feet north and 15 feet east of the point of beginning. Parcel 11: Beginning at the north quarter corner of Section 22, Township 13 North, Range 18, E.W.M., thence east along the section line 25 feet; thence south parallel with the quarter section line 369.7 feet to the true point of beginning, said point being in the centerline of what was formerly Crescent Avenue in the plat of Crescent Hill Halfacre Tracts, according to the official plat thereof recorded in Volume "E: of plats, page 33, records of Yakima County, Washington; 111 thence south parallel with the quarter section line 348.05 feet; thence north 85 east 224.-6 feet to what was formerly the southeast corner of Tract 32 of said Crescent Hill Half Acre Tracts; thence north 329.37 feet to the center of what was formerly Crescent Avenue; thence west 223.6 feet to the true point of beginning (said tract being formerly known as Tract 32, 33, 34 and 35 of Crescent Hill Half Acre Tract and one- half vacated Crescent Avenue adjoining thereto) except the west 5 feet conveyed to the City of Yakima for road purposes, situated in Yakima County, State of Washington. Parce116. The east. 18.5 feet of the west 38.5 feet of the following described Parcel #16. Parcel #16: Beginning at a point 1247.5 feet north of the center of Section 22, Township 13 North, Range 18, E.W.M.; thence south 210.8 feet; thence east 211.5 feet; thence north 44 west 51 feet; thence north 3412 west west 104.4 feet; thence north 47 west 131.5 feet; thence south 89 west 20.3 feet to the point of beginning, except a strip of land 55 feet in width across the south side thereof. Parcel 17. A triangular parcel beginning at the northwest corner of the following described Parcel #17; thence east along the north line of Parcel #17 a distance of 24 feet to the true point of beginning, thence west along the north line of Parcel #17 4 feet, thence south parallel to the west line of Parcel #17, 30 feet, thence northeasterly to the true point of beginning. -2- r .> Parcel #17: That portion of the north 65 feet of the south 1091.7 feet of the southwest quarter of the northeast quarter of Section 22, Township 13 North, Range 18, E.W.M., lying southwesterly of the following described line: Beginning at a point 1247.5 feet north and north 89 ° 30' east 20.3 feet of the southwest corner of said subdivi- • sion; thence south 47 ° 40' east 131.5 feet; thence south 34 east 104.4 feet; thence south 44 50' east 51 feet; thence west 37.5 feet; thence south 37 ° 45' east to the point of intersection with the south line of said tract. Section 2. The acquisition of said real property for the pur- poses 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 Arterial Street Fund of the City of Yakima. Section 4. In conducting said condemnation proceedings, the City Attorney is hereby authorized to stipulate to any matters for the pur • pose of minimizing damages. 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. SASSED BY THE CITY COUNCIL, signed and approved this ay o , 1973. c 1 Mayor • AZ' ECT: City Clerk -3-