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HomeMy WebLinkAbout2004-010 Property Acquisitions for Kiwanis Ball Park ORDINANCE NO. 2004 - 10 AN ORDINANCE authorizing and directing the City's outside legal counsel, Lyon Weigand & Gustafson PS, to enter into negotiations for the purchase and acquisition of certain real properties by the City for the Kiwanis Park Ball Park Project at Fair Avenue and Maple Street and, if necessary, to institute and prosecute legal proceedings for the condemnation and acquisition of said properties, 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 331, Parks and Recreation Capital 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 enter into negotiations for the purchase and acquisition of certain real properties by the City of Yakima and, if necessary, 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 said real property which is described on Exhibit "A" attached hereto, for the Kiwanis Park Ball Park Project at Fair Avenue and Maple Street, in the City of Yakima, Washington. 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 331, Parks and Recreation Capital 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 PASSED BY THE CITY COUNCIL, signed and approved this 17th day of February , 2004. C Paul P George, Mayor ATTEST Karen Roberts, City Clerk Publication Date: 2 -20 -2004 Effective Date: 3 - 21 - 2004 TD -20 Ordinance / Kiwanis.doc EXHIBIT "A" Legal Description An undivided two -fifth (2/5) interest in Lots 6, 7, 8 and 9, MAPLE STREET ADDITION, recorded in Volume "0" of Plats, Page 10, records of Yakima County, Washington Yakima County Assessor's Parcel Nos 191320 - 32532, - 32533, - 32534, and -32535 ORDINANCE - 3 718.117\rhg \yakima cit \maple street \ordinance 23030 16 50 :Lx r. 32532 0.21 0.23 \32506 0 o o �� ,, j ;, ` `.:. 32001 N A . co Cr) N � �t � 4. Z co N 2 MAPLE S'TRE T 325 0 0 : ::� I N ` 24— •:: 3 4 5 6 0 1 7 CO co 0 24 23 ` 014 r , ,,:� 32030 — — 32536 32534 • • AD DITION .� - 22 S 11 0 30 32011 3 35 0 60 32504 . :-.::.:::. ..:. :: : .... ::. : ..:::::. ? Q ..;::::< .:::: >: ...........:. 3203' 2014 :: 32503 20 .. i 0 19 2 32502 i ' 19 . :; 32528 SUMAC TRACTS NO 2 32501 18 :� 32529 32010 .; 32032 2 . `� = • - : • - UNRECORDED 17 0.2 L r 32500 1 6 4 o c ° v 12 015 .. ;:i :t • , 32530 Cr) 3203 x:132499 15 : o 32498 < ; F . . ' 1 32034 1 N 015 ;3 2497 `� � 0.29 c� 14 5 0.28 3200: Range: 19 Township: 13 Section: 20 i ParcelView 1.0.3 N - -- - _ _ This Map is maintained only # ; s as an aid in the appraisal and Yakima County Department of Assessment assessment of real property. 128 N 2nd Street, Courthouse Room 112 The Yakima County Assessors Yakima. WA 98901 « Scale. 1 inch = 100 feet Office does not warrant Data Set 11/13/00 12:24 AM its accuracy BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No For Meeting Of February 17, 2004 ITEM TITLE. A) An Ordinance authorizing the purchase of land for the Kiwanis Park project at Fair Avenue and Maple Street; and B) An Ordinance Amending the 2004 Budget and Making an Appropriation in the 331 - Parks and Recreation Capital Fund for purchase of property for the Kiwanis Park project SUBMITTED BY Glenn Rice, Assistant City ManagK -- Cindy Epperson, Financial Services Manager C CONTACT PERSON /TELEPHONE Cindy Epperson - 575 -6070 SUMMARY EXPLANATION The City does not have a complete ownership interest m four properties purchased in the vicinity of Fair Avenue and Maple Street for the Kiwanis Park Ballfield project. In order to properly acquire ownership interest, the attached ordinance (Item A) authorizes outside legal counsel, Lyon Weigand & Gustafson PS to negotiate for the property purchase, and authorizes the initiation of condemnation proceedings of the effected properties, if necessary The estimated cost to acquire these additional properties is about $24,000 plus legal expenses. Funds for this acquisition are proposed to come from the City's Contingency Fund The attached appropriation ordinance (Item B) would authorize the transfer of resources up to $30,000 from the Contingency Fund to the Parks Capital Fund, and increases the capital expenditure budget for the Kiwanis Park project by the same amount. This includes a contingency for legal expenses (as noted above) If the actual amount is less, only the actual costs would be transferred from the Contingency Fund Resolution 2 Ordinance Contract Other (Specify) FUNDING SOURCE. Transfer fr Contingency Fund to Parks Capital Fund APPROVED FOR SUBMITTAL. City M eager STAFF RECOMMENDATION A) Pass Ordinance (B) Read Ordinance by title only at the February 17, 2004, meeting Pass Ordinance after second reading at the March 2, 2004 meeting BOARD /COMMISSION RECOMMENDATION COUNCIL ACTION A) Ordinance passed ORDINACE NO. 2004-10 B) First reading of ordinance; Second reading scheduled 3/16/04 Cje 2/12/2004 Kiwanis Park 2004 agenda