HomeMy WebLinkAbout1995-038 Initiating condemnation proceedings ORDINANCE NO. 95- 38
AN ORDINANCE: authorizing and directing the institution and prosecution
of legal proceedings for the condemnation and acquisition
of real property for a previously constructed drain line
located between Ahtanum Road and Wide Hollow Creek in
the City of Union Gap, Washington, providing for the
condemnation and taking of such real property and
declaring the condemnation and taking thereof to be
necessary for the public use required by the public
interests; directing that compensation for such taking be
paid from fund 478 - Yakima Wastewater Facilities Capital
Fund.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1 The City Legal Department 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 certain real property which is legally described in Exhibit A
attached hereto, for a previously constructed drain line located between
Ahtanum Road and Wide Hollow Creek in the City of Union Gap, Washington.
Section 2 The drain line referred to in Section 1 was constructed in
accordance with plans and specifications contained in a January 9, 1951 drain
line easement and maintenance agreement between the City of Yakima and the
Union Pacific Railroad Company, a copy of which said agreement is on file
with the City Clerk, and which said plans and specifications are incorporated
herein as if fully set forth.
Section 3 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 4 The compensation for said real property to be taken shall
be payable from fund number 478 - Yakima Wastewater Facilities Capital Fund.
Section 5 This ordinance shall be in full force and effect 30 days
after its passage, approval, and publication as provided by law and by the City
Charter
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PASSED BY THE CITY COUNCIL, signed and approved this aS \N) day of
Su\ , 1995
4110
ATTEST Mayor
City Clerk
Publication Date: '7- aq - qS
Effective Date: 9- art -c\S
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• A strip of land 12 feet wide situated in the NE 1/4 of the NE 1/4 of Section 7, the
E 1/2 of Section 6, Township 12 North, Range 19 E.W.M., the E 1/2 of Section 31
and the SW 1/4 of the SE 1/4 of Section 30, Township 13 North, Range 19 E.W.M.,
in Yakima County, Washington, being 4 feet in width, measured at right
angles, on the southwesterly side, and 8 feet in width, measured at right
angles, on the northeasterly side, and parallel with the center line of sewer
and drain pipe lines of the City of Yakima, which center line is parallel with
and 36 feet distant southwesterly, measured at right angles, from the center
line of the tangent portion of the main track of the Yakima Branch of Oregon -
Washington Railroad & Navigation Company as constructed and operated
January 9, 1951, and the southeasterly projection of said center line of tangent
portion of main track, said 12 foot strip of land extending northwesterly from
a straight line drawn radially to said center line of main track as now
constructed and operated at Railroad Survey Station 2781 plus 66 which is a
point thereon that is 38.8 feet distant southeasterly from the North line of said
Section 7, measured along said center line of main track, to a straight line
drawn at right angles to said center line of main track at Railroad Survey
Station 2865 plus 62 which is a point thereon that is 32 feet distant
northwesterly from the South line of said Section 30, measured along said
center line of main track, EXCEPT for that portion which lies north of the S 1/2
of the SE 1/4 of Section 6, Township 12 North, Range 19 E.W.M.
411
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EXHIBIT A