HomeMy WebLinkAbout1953-B-1483 512
ORDINANCE NO. B -14$3
AN ORDINANCE approving the plans and specifications prepared by Homer M. Hadley for the
construction of the Lenox Avenue Overpass, as revised and amended, and
providing for the acquisition by condemnation or purchase of the right to
damage all property owned by Washington Canners Cooperative, a corporation,
abutting or adjacent to East Lenox Avenue on both the north and south sides
thereof, by the construction and maintenance of said Avenue Overpass,
and providing for the method of payment therefor, and declaring an emergency.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. That the plans and specifications for the Lenox Avenue Overpass prepared
by Homer M. Hadley, revised and amended, are hereby approved, confirmed and adopted.
Section 2. That it is necessary that the City of Yakima, Washington acquire by
purchase or condemnation proceedings, the right to damage all property owned by Washington
Canners Cooperative, a corporation, abutting upon or adjacent to East Lenox Avenue between
South First Street and the Northern Pacific Railway right -of -way, located on both the
north and south sides of said Lenox Avenue, said property being situate in Yakima County,
Washington and described as follows, to -wit:
That portion of the Southwest Quarter of Northeast Quarter of Section 30,
Township 13 North, Range 19, E.W.M. described as follows: Commencing at the
center of said Section 30, thence along the North and South center line of
said section North 1.07' East 30 feet to the true point of beginning; thence
continuing along said North and South center line North 1'07' East 20$.5 feet;
thence parallel with the East and West center line of said section South $9
East approximately 130 feet to the northwest corner of that certain tract of
land heretofore and on the 13th day of September, 1940, conveyed by the Northern
Pacific Railway Company to the Washington Fruit & Produce Co., a corporation,
and the C. M. Holtzinger Fruit Co., Inc., a corporation, by deed filed in the
office of the County Auditor of Yakima County, Washington, on September 26, 1940,
and recorded in Volume 352 of Deeds, Auditor's File No. 916272; thence along the
Westerly line of said premises heretofore conveyed, parallel with the North and
South center line of said Section 30, South 1 West 20$.5 feet to_a point
distance 30 feet Northerly, measured at right angles, from the East and West
center line of said, Section 30; thence parallel with said last named center line
North $9 ° 29' West to the point of beginning;
ALSO, that portion of Lot 53 of St. Paul Acre Lots, according to the plat thereof
of record in Volume "A" of Plats, on page 15, Yakima County Records, lying between
the North 51.5 feet of said lot and the South 30 feet thereof, together with that
portion of said Lot 53 and of the adjoining Lot 54, beginning at a point on the
Westerly line of said Lot 53, 51.5 feet South of the North line of said lot
measured at right angles to said North line; thence Northwesterly along the
Westerly line of said Lots 53 and 54, 65.$ feet; thence Southeasterly on a twenty
_degree curve, radius 2$7.94 feet, to the left to a point in a line situate parallel
to and 51.5 feet South of the North line of said Lot 53, which said point is
situate 107.1 feet East of the point of beginning; thence West 107.1 feet to the
point of beginning:
ALSO, Tracts Fifty -one (51) and Fifty -Two (52) of St. Paul Acre Lots, according
to the official plat thereof recorded in Volume "A" of Plats at page 15, records
of Yakima County, Washington, excepting the North 30 feet of Tract 52;
ALSO, That part of the Southwest Quarter of the Northeast Quarter of Section 30,
Township 13 North, Range 19, E.W.M., described as follows: Commencing at a point
in the center of Section 30; thence North 1'7' East along the North and South
center line of said section 30 a distance of 238.5 feet; thence parallel with the
East and West center line of said Section 30 South $9'2$' East 370 feet, more or
less, to a point 45 feet West of the West Line, of State Road No. 3 and the true
point of beginning of the tract of land herein described; thence South 24.21'
East 32.9 feet; thence West 39 feet; thence South 113 feet; thence East 2 feet;
thence South 16 feet; thence West 2 feet; thence South 49 feet, more or less, to a
point distanct 30 feet North of the East and West Center line of said Section 30;
thence parallel with said East and West center line North 89'29' West 21$ feet;
thence parallel with the North and Couth center line of said Section 30 North 1.07'
East 20$.5 feet' thence parallel with the East and West center line of said Section
30 South $9. 29' East to the true point of beginning;
if any damages be sustained thereby, by the construction and maintenance
of the Lenox Avenue Overpass in accordance with said plans and specifications prepared
by Homer M. Hadley, as revised and amended, said Overpass commencing on East Lenox
Avenue a short distance west of South First Street and extending to West Lenox Avenue
between Ledwich Avenue and Rock Avenue; and it is hereby ordained that the right to
damage said real property above described by reason of the construction and maintenance
of said Lenox Avenue Overpass be acquired by purchase or condemnation proceedings, as
provided by law for the acquisition and condemnation of property of such public use.
Section 3. That the cost and expense of acquisition and condemnation of the right
to damage said hereinabove described real property by the construction and maintenance
of said Lenox Avenue Overpass, if and in the event that said property be damaged thereby, .
shall be determined by such condemnation proceeding in the manner provided by law; and
all of such cost and payment of just compensation therefor, as determined by such
condemnation proceedings in eminent domain, shall be paid for any general funds of the
city applicable thereto.
Section 4. This ordinance is one to provide for the immediate preservation of the
public peace, property, health and safety, and an emergency is 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 the City Charter.
PASSED BY THE CITY COMMISSION, signed and approved this 17th day of August, 1953.
ATTEST: PEARL BENJAMIN ( S E A L ) G. W. BURNS
City Clerk Mayor
(Continued on page 513)
C' `
5. _3
ORDINANCE NO. B -143
(Continued from page 512)
1 hereby certify that the foregoing is a full, true and correct copy of Ordinance
No. B -14$3 entitled "AN ORDINANCE approving the plans and specifications prepared by
Homer M. Hadley for the construction of the Lenox Avenue Overpass, as revised and amended,
and providing for the acquisition by condemnation or purchase of the right to damage all
property dwned Washington Canners Cooperative, a corporation, abutting or adjacent to
East Lenox Avenue on both the north and south sides thereof, by the construction and
maintenance of said Lenox Avenue Overpass, and providing for the method of payment there-
for and declaring an emergency.", as passed this 17th day of August, 1953, and that same
has been published as required by law.
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