HomeMy WebLinkAbout05/18/2010 19 16th Ave/Washington Ave Intersection Improvement Project; Property Acquisition; Lyon Weigand & Gustafson PS • BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.. 19
For Meeting of May 18, 2010
ITEM TITLE: 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 16 Avenue at
Washington Avenue. Intersection 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.
SUBMITTED BY: Michael Morales, Director of Community and Economic Development
• CONTACT PERSON /TELEPHONE: Douglas Mayo, PE, City Engineer, 576 -6678
SUMMARY EXPLANATION:
In anticipation of an increase in traffic allowed by recent and ongoing improvements to Valley
Mall Boulevard, the City has obtained funding and has prepared contract documents to improve
the intersection of 16 and Washington Avenues.
• The acquisition of portions of certain private properties was necessary for this project. The
City has been successful in obtaining the required rights -of -way from all but the owner of one of
the affected properties. Unfortunately, we have yet to reach an agreement for acquiring the
required right -of -way from Leung Lau, the owner of Yakima County Assessor's Parcel No.
181336- 32003. An offer was first made in early September, 2009. The City has yet to receive
any official reply to that offer, nor has a counter offer been made by Mr. Lau. It is imperative
that the immediate possession and use can be obtained for the right -of -way as the construction
season is upon us. The City's funding partner is getting concerned, and the traffic usage is
increasing.
A request is being made for Council to adopt an ordinance authorizing a condemnation action
to be initiated against Mr. Lau which will include the ability to obtain either a stipulation with Mr.
Lau or, if that fails, a court order authorizing the City to take immediate possession and use of
the right -of -way so that construction of the project may proceed forward.
Resolution Ordinance X Contract_ Other (Specify)
Funding Source
APPROVED FOR SUBMITTAL: �� .
City Manager
STAFF RECOMMENDATION: Pass the Ordinance
0 BOARD /COMMISSION /COMMITTEE RECOMMENDATION:
COUNCIL ACTION:
0 ORDINANCE NO. 2010-
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 16 Avenue @
Washington Avenue Intersection 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 the Washington Avenue and
16 Avenue intersection, 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 descriptions of real property
are 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.
PASSED BY THE CITY COUNCIL, signed and approved this 18th day of May, 2010.
Micah Cawley, Mayor
ATTEST:
City Clerk
Publication Date:
Effective Date:
S . ORDINANCE - 1
718.136 \rhg \yakima cit \leung lau \ordinance
Exhibit A •
Legal Description
The. West 150 feet of the North 290 feet of Tract 40, Plat of Section 36; Township
13 North, Range 18, E.W.M., as recorded in Volume E of Plats, page 36, records
of Yakima County, Washington.
Yakima County Assessor's Parcel No. 181336 - 32003.
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,- -''' — '4': City Of Yakima Parcel 181336 -32003
o ` ``� Engineering Division Mr. Leung Yan Lau
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129 North Second Street -
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