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HomeMy WebLinkAbout1972-1391 ORDINANCE NO. /3, 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 condemnation and acquisition of real property for a public improvement project to consist of the widening . and improving of a portion of West Nob Hill Boulevard between South 44th Avenue and South 48th Avenue in the City of Yakima, Washington, for rights to construct and maintain slopes for cuts and fills necessary in connec- tion 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 Urban Arterial Fund of the. City of Yakima; and declaring an emergency. BE IT ORDAINED BY THE CITE' 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 West Nob Hill Boulevard between South 44th Avenue and South 48th Avenue in the City of Yakima, Washington, for rights to construct and maintain slopes for cuts and fills neces- sary in connection with such public improvement project, and for the installation of curbs, gutters, sidewalks, drain 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 1. All that portion of Section 27, Township 13 North, Range 18, E,W.M.; Beginning at a point on the west line of th northwest quarter of the southwest quarter 1220.4 feet south of the northwest corner of said subdivision; thence north alongsaid west line 1220.4 feet to the northwest cor- ner of said subdivision; thence north 89 east along said north line 443.5 feet; thence south 0 west 206 feet; thence easterly to the northwest corner of Lot 3, Fairbrnok Addition, as recorded in Volume "U" of Plats, page 48; thence southerly along the westerly line of said Fairbrook Addition to a point south 89 ° 53' east of the point of beginning; thence north 89 ° 53' west to the point of beginning; EXCEPT the west 25 feet for County Road and EXCEPT the road along the North side thereof; AND EXCEPT a strip of land 6 feet wide along the north side of the northwest quarter of the southwest quarter • of said Section 27, said strip lying south of public road along the north side of said subdivision, under instrument recorded September 14, 1907, in Volume 60 of deeds, page 520; Said strip of land being described as follows: Beginning at the northwest corner of the above des- cribed property; thence South along the West line of said property 34 feet; thence east parallel with the north line of said property 10 feet; thence north- westerly in a straight line to a point on the east line of said property distance thereon 14.33 feet south from the northeast corner of said property; thence north along said east line 14.33 feet to said north- east corner; thence west along the north line of said property to the point of beginning. Parcel 2. That portion of the northwest quarter of the southwest quarter of Section 27, Township 13 North, Range 18, E.W.M., described as follows: Beginning at a point on the south line of the County Road; running across the north end of said subdivision; situate 443.5 feet east of the west line of said sub - division; thence south 0 ° 38' west 186 feet; thence . east parallel with the south line of said road, 281.5 feet, more or less, to a point situated 725 feet east of the west line of said subdivision; thence north to a point in the south line of said road situated 725 feet east of the west line of said sub- divisfcn; thence west 281.5 feet, more or less, to the point of beginning, EXCEPT that portion thereof, if any, lying south of a line situate 206 feet south of the centerline of said road; EXCEPT the east 81 feet thereof; EXCEPT a strip of land 6 feet wide along the north side of the northwest quarter of the southwest quarter of said Section 27, said strip lying south of Public Road along the North side of said subdivision, granted by Otis K. Conant and Bessie Conant, his wife, to the Yakima Valley Transportation Company, a corporation, under instrument recorded September 14, 1907, in Volume 60 of deeds, page 520, records of said county. • Said parcel of land being all of the above described property, lying north of the following described line: Beginning at a point that is 35 feet east and 60 feet south from the went quarter corner of Section 27, Township 13 North, Range 18 East, W.M.; thence north- easterly to a point that is 450.38 feet east and 40 feet south from said west quarter corner; thence east and parallel with the East West center line of said Section 27, a distance of 300 feet. - 2 - r • Parcel 13. Lot 34, Fairbrook Addition, according to the official plat thereof recorded in Volume "U" of plats, page 48, records of Yakima County, Washington. Said parcel of land being all of the above described property, lying north of the following described line: • Beginning at a point that is 831.78 feet east and 40 feet south from the west quarter corner of Section 27, Township 13 North, Range 18 East, W.M.; thence east and parallel with the east -west center line of said Section 27, 118.60 feet; thence southeasterly 200.56 feet to a point that is 1150.38 feet east and 55 feet south from the west quarter corner of said Section 27. 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 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. Section 5. This ordinance is one to provide for the immediate preservation of the public peace, property, health, safety and wel- fare 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 28th day • of February, 1972. Mayor ATTEST: City Clerk - 3 -