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Home My WebLink About2006-022 River Road Improvement Project - Condemnation & Property Acquisition Authorization; Lyon Weigand & Gustafson ORDINANCE NO 2006- 22 AN ORDINANCE authorizing and directing the City's outside legal counsel, Lyon Weigand & Gustafson PS, to institute and prosecute legal proceedings for the condemnation and acquisition of certain real property for the River Road Improvement Project; 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 Fund Number 142, Arterial Street Fund of the City of Yakima. BE IT ORDAINED BY THE CITY OF YAKIMA. Section 1 The law firm of Lyon Weigand & Gustafson PS is hereby authorized and directed to institute and prosecute actions 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 described on Exhibit "A" attached hereto, for the improvement of River Road, in the City of Yakima, Washington, and for the installation of curbs, gutters, sidewalks, structures, roadways, drainage facilities and public utility facilities related thereto, all in accordance with plans for such improvement project as depicted on drawings prepared by the City Engineer, a copy of which drawing and legal description of properties impacted is on file in the office of the City Engineer, both of which plans and property description are incorporated herein as if fully set forth herein 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 Fund Number 142, Arterial Street Fund of the City of Yakima. Section 4 This ordinance shall be in full force and effect thirty (30) days after its passage, approval and publication as provided by law and by the City Charter ORDINANCE - 1 718 129 \rhg \yakima cit \river road \ordinance PASSED BY THE CITY COUNCIL, signed and approved this 6th day of June , 2006 David Edler, Mayor ATTEST City Clerk Publication Date 6 -9 -2006 Effective Date 7 -9 -2006 ORDINANCE - 2 718.129 \rhg \yakima cit \river road \ordinance EXHIBIT 'A' PARCEL NO OWNER R/WAY OR ESM'T NEEDED 18131599997 Burlington Northern Santa Fe 4,035 18131511002 Stephan Robinson 3,022 18131422403 Marie Schut 975 18131422402 Chiawana, Inc. 2,600 18131422423 Ace Hardware Corp 300 18131424439 Mary R. Hardy 350 18131424438 Stephen R. Baisinger 275 18131424437 Douglas Gray 466 18131424436 Alonzo Young 470 18131421414 Norman H & Karen S Hyatt 2,283 18131421406 Lewis G Miller 1,662 18131424421 Bradley & Leah Hendrix 470 18131424403 Cheryl & Scott Butcher 699 18131424418 Paradise Investments 470 18131424402 Cora Lesser 819 18131424401 Cora Lesser 819 18131421403 Ken & Roberta Hunziker 1,620 18131421419 Noel Canning Corporation 300 18131412402 Charlotte Seip 1,070 18131499991 Willow Lake Condominium II 2,807 18131424466 Seneca Foods Corporation 100 18131413035 Donald &Laura Tyler - Wenzel 216 18131499991 Willow Lake Condominium Parcel "B 1,260 18131413026 Timothy Seaton 216 18131413024 Alma Wynn 216 18131413045 Super cold Storage III 450 18131411417 Nancy Wachsmith 1,700 18131413046 Kershaw Fruit & Cold Storage 1,402 18131414402 City of Yakima 433 18131414900 Amoco Foam Products 142 18131411551 Lake Aspen Enterprises, LLC 1,250 18131411552 Mark & Elaine Stevenson 780 18131411553 G P Felix 771 18131411411 Enrique & Maria Zuniga 994 18131411412 Patricia Stach 821 18131322401 Cw -I 9,324 181312 -34406 Jere Irwin and Diane Irwin 6,094 Sewer Easement 181312 -34405 Jere Irwin and Diane Irwin 6,594 Sewer Easement 181312 -34404 Jere Irwin and Diane Irwin 13,188 Sewer Easement 181312 -33001 Jere Irwin and Diane Irwin 660 Sewer Easement 181313 -21404 Jere Irwin and Diane Irwin 6,940 Sewer Easement 181313 -21004 Jere Irwin and Diane Irwin 19,600 Sewer Easement r J BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT ITEM NO /q 8' FOR MEETING OF June 6, 2006 ITEM TITLE Authorizing the City's outside legal counsel to institute legal proceedings for the condemnation and acquisition of certain real property for the River Road Improvement Project SUBMITTED BY Cook, Director of Community & Economic Development CONTACT PERSON/TELEPHONE William Cook, 575 -6227 SUMMARY EXPLANATION We are requesting Council approval to utilize the City's condemnation authority to acquire private property needed to construct the River Road project and intersection improvements at 16 Avenue and River Road We need the predictability and timeliness of the condemnation process to insure that we can complete the project this year All property owners that will be impacted by this project have been notified that the City will be acquiring a portion of their land, and are aware of the impact of this acquisition We have invited owners to donate their right -of -way, but to date have had only moderate interest, and no specific offers We are trying to set up a meeting for Monday night (June 5 to meet with property owners to explain the condemnation process and the need for Council's approval of this request if we are going to complete this project on time and within budget. Resolution _ Ordinance X Contract _ Other (Specify) Funding Source APPROVAL FOR SUBMITTAL. - Cit anager STAFF RECOMMENDATION Approve Ordinance BOARD RECOMMENDATION COUNCIL ACTION Ordinance passed. ORDINANCE NO. 2006-22