HomeMy WebLinkAbout1976-1971 ACQUISITION OF PROPERTY & PROPERTY RIGHTS FOR THE IMPROVEMENT, MAINTENANCE & OPERATION OF THE MUNICIPAL AIRPOR ORDINANCE NO. \A'1
AN ORDINANCE of the City Council of the City of Yakima, Washington,
providing for the acquisition of certain property
and property rights for the improvement, maintenance
• and operation of the municipal airport of the City;
providing for the condemnation, appropriation, taking
and damaging of property and other property rights
necessary therefor, and directing attorneys for
the City to prosecute the appropriate action and
proceeding in the manner provided by law for said
condemnation.
WHEREAS, the City of Yakima has heretofore established and
continues to operate a municipal airport and other air navigation
facilities all known as the Yakima Air Terminal; and
WHEREAS, the City of Yakima has considered the environmental
impacts of the action hereinafter authorized and directed and
of the implementation of the project of which said action is a
part, and has determined and does hereby reaffirm that the said
action and the implementation of the project has no significant
effect upon the quality of the environment; and
WHEREAS, in order to improve, maintain and operate its
municipal airport and other air navigation facilities it is
required and necessary for the City of Yakima to acquire and con-
demn certain lands and property rights as hereinafter more parti-
cularly set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. The City Council of the City of Yakima does
hereby find and declare that: (1) the acquisition of the property
and property rights hereinafter set forth is for a public purpose
and a matter of public necessity; to wit, for the improvement,
maintenance and operation of the Yakima Air Terminal; and (2) the
said acquisition is necessary in order to provide unobstructed air
space for the landing and taking off of aircraft and to insure
safe approaches to the landing area of the said airport and the
safe and efficient operation thereof.
Section 2. That the property and property rights within
the City of Yakima specifically described in Exhibits A and B
attached hereto shall be and they are hereby authorized to be .
condemned, appropriated, taken and damaged for such purposes
subject to the making or paying of just compensation to the
owners thereof in the manner provided by law.
Section 3. The entire cost of the said acquisition and con-
demnation shall be paid out of the City of Yakima Airport Improve-
ment Fund and such monies as may hereafter be deposited therein.
Section 4. The legal firm of Preston, Thorgrimson, Ellis,
Holman & Fletcher be and they are hereby retained as the attorneys
for the City for such purpose and they are hereby authorized and
directed to begin and prosecute the proceedings provided by law
to condemn, take and appropriate the land and property rights •
necessary to carry out the provisions of this ordinance and are
further authorized in conducting said condemnation proceedings
and for the purpose of minimizing damages therein to stipulate '
as to the use of the property hereby authorized to be condemned
and appropriated and as to the reservation of any right of use
to any owner provided that such reservation does not interfere
with the use of said property by the City as provided in this
ordinance for the purposes herein stated.
Section 5. This ordinance shall be in full force and effect
thirty days after its passage, approval and publication as pro-
vided by law and by the City Charter. •
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PASSED BY THE CITY COUNCIL, signed and approved this
day of n 1976.
•
l
Mayor
ATTEST:
,/L l
Cif Clerk f
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CERTIFICATION
I, IRIS LITZENBERGER, Clerk of the Council of the City of
Yakima, Washington, DO HEREBY CERTIFY that the foregoing is a
true and complete copy of Ordinance No0 passed at a
regular meeting of said Council held on the day of
1976.
Iris Litzenberger, Clerk
City of Yakima, Washington
411
EXHIBIT A
From the following described property:
Parcel No. 5Y0 204
The East 660 feet of the West 762 feet of the North 132
. feet of Government Lot 2, Section 2, Township 12 North,
Range.18., E.W.M., situated in Yakima County, State of
Washington,
the following rights shall be taken and condemned for the use
and benefit of the public, appurtenant to Yakima Air Terminal
for the unobstructed passage of all aircraft ( "aircraf
defined as any contrivance now known or hereafter invented,
used or designed for navigation of or flight . in the air) by
whomsoever awned and operated in the air space over the above
described property above the following described imaginary planes:
PRIMARY SURFACE is the surface which is longitudinally
centered on Runway 9 -27 at Yakima Air Terminal. The width
of the primary surface is 1000 feet. The primary surface
extends 200 feet beyond each end of Runway 9 -27. The eleva-
tion of any point on the primary surface is the same as
the elevation of the nearest point on the runway centerline.
APPROACH SURFACE is a surface, trapezoidal in form, longi-
tudinally centered on the extended Runway 9 -27 centerline
and extending upward and outward in a southeasterly direc-
tion from the end of the primary surface for Runway 9 -27.
Beginning at the southeast end of the primary surface, the
approach surface is 1000 feet wide and broadens to 1750
feet wide at a horizontal distance of 2500 feet from the
point of beginning; this surface being symmetrical about
the centerline of Runway 9 -27 extended. This approach sur-
face is a trapezoidal plane with a slope of 50 feet to 1 .
foot (one foot increase in elevation for each fifty feet
of horizontal distance.)
TRANSITIONAL SURFACES are surfaces located on either
side of the primary surface and approach surface for Runway
9 -27. The transitional surfaces begin at the outer edges
of the primary surface and approach surface and extend up-
ward and outward at a slope of 7 feet to 1 foot (one foot
increase in elevation for each seven feet of horizontal
distance) at right angles to the extended Runway 9 -27 center-
line until they reach 150 feet above the airport elevation.
CLEAR ZONE is identified as the area that begins at the south-
easterly end of the primary surface of Runway 9 -27 and
coincides with the innermost portion of the approach surface.
• The clear zone to nuinates where the approach surface slope
reaches a height of 50 feet above the terrain at the outer
extremity of the clear zone.
together with the right to cause in all air space above the surface
of Condemnees' property such noise, vibrations, fumes, dust, fuel
particles, and all other effects that may be caused by the operation
of aircraft landing at, or taking off from, or operating at or
on said Yakima Air Terminal.
Exhibit A, Page 1
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The easements and right of way hereby taken include the
continuing right in the Condemnor to prevent the erection or
growth upon Condemnees' property of any building, structure,
tree or other object, extending into the-air space above the
aforesaid imaginary planes, and to remove from said air •space,
41
or at the sole option of the Condemnor, as an alternative, to
mark and light as obstructions to air navigation any such build-
ing, structure, tree or other objects now upon, or which in the
future may be upon Condemnees' property with the right of ingress
to, egress from, and passage over Condemnees ° property for the
above purposes.
TO HAVE AND TO HOLD said easements and right of way, and
all rights appertaining thereto unto the Condemnor, its succes-
sors, and assigns, until said Yakima Air Terminal shall be
abandoned and shall cease to be used for public airport purposes.
411
Exhibit A, Page 2
EXHIBIT B
From the following described property:
Parcel No. 5Y0 205
That portion of Government Lot 2 in Section 2, Township
12 North, Range 18, E.W.M., described as follows:
• Beginning at the Northwest corner of said Government Lot;
thence East 762 feet; thence South 132 feet to the point
of beginning; thence South 132 feet; thence West 660
feet; thence North 132 feet; thence East 660 feet to
the point of beginning,
Situated in Yakima County, State of Washington,
the following rights shall be taken and condemned for the use
and benefit of the public, appurtenant to Yakima Air Terminal
for the unobstructed passage of all aircraft ("aircraft" being
defined as any contrivance now known or hereafter invented,
used or designed for navigation of or flight in the air) by .
whomsoever owned and operated in the airspace over the above
described property above the following described imaginary
planes:
PRIMARY SURFACE is the surface which is longitudinally
centered on Runway 9 -27 at Yakima Air Terminal. The width
of the primary surface is 1000 feet. The primary surface
extends 200 feet beyond each end of Runway 9 -27. The eleva-
• tion of any point on the primary surface is the same as the
elevation of the nearest point on the runway centerline,
APPROACH SURFACE is a surface, trapezoidal in form, longi-
tudinally centered on the extended Runway 9 -27 centerline
and extending upward and outward in a southeasterly direc-
tion from the end of the primary surface for Runway 9 -27.
Beginning at the southeast end of the primary surface, the '
approach surface is 1000 feet wide and broadens to 1750
feet wide at a horizontal distance of 2500 feet from the
point of beginning; this surface being symmetrical about
the centerline of Runway 9 -27 extended. This approach
surface is a trapezoidal plane with a slope of 50 feet to
1 foot (one foot increase in elevation for each fifty feet
of horizontal distance.)
TRANSITIONAL SURFACES are surfaces located on either side
of the primary surface and approach surface for Runway
9 -27. The transitional surfaces begin at the outer edges
of the primary surface and approach surface and extend up-
ward and outward at a slope of 7 feet to 1 foot (one foot
increase in elevation for each seven feet of horisontal
distance) at right angles to the extended Runway 9 -27 cen-
terline until they reach 150 feet above the airport eleva-
tion.
CLEAR ZONE is identified as the area that begins at the
southeasterly end of the primary surface of Runway 9 -27
and coincides with the innermost portion of the approach
surface. The clear zone terminates where the approach sur-
face slope reaches a height of 50 feet above the terrain
at the outer extremity of the clear zone.
Exhibit B, Page 1
together with the right to cause in all air space above the surface
of Condemnees property such noise, vibrations, fumes, dust, fuel
particles, and all other effects that may be caused by the operation
of aircraft landing at, or taking off from, or operating at or
on said Yakima Air Terminal,
The easements and right of way hereby taken include the
continuing right in the Condemnor to prevent the erection or
growth upon Condemnees property of any building, structure,
tree or other object, extending into the air space above the
aforesaid imaginary planes, and to remove from said air space,
or at the sole option of the Condemnor, as an alternative, to
mark and light as obstructions to air navigation any such build-
. ing, structure, tree or other objects now upon, or which in the
future may be upon Condemnees' property with the right of ingress
to, egress from, and passage over Condemnees property for the
above purposes.
TO HAVE AND TO HOLD said easements and right of way, and
all rights appertaining thereto unto the Condemnor, its succes-
sors, and assigns, until said Yakima Air Terminal shall be
abandoned and shall cease to be used for public airport purposes.
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Exhibit B, Page 2