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Home My WebLink About2010-026 16th Ave/Washington Ave Intersection Improvement Project; Property Acquisition; Lyon Weigand & Gustafson PSORDINANCE NO. 2010-26 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 16th 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 16th 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. ATTEST: Micah Cawley, ayor City 4.-121faeziLY1e=0) Publication Date: May 21, 2010 Effective Date: June 20, 2010 • • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No.. 4 P9 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 16th 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 16th 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 beingmade 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 BOARD/COMMISSION/COMMITTEE RECOMMENDATION: COUNCIL ACTION: T. 13 N. R. 18 E.W.M. 51.00 89'20'55" E 2586.22 7 150,01' N 0 0 d J 1* N 0 0 s V 77771// rj / 22 F77 City Of Yakima Engineering Division 129 North Second Street Yakima, Washington Parcel 181336-32003 Mr. Leung Yan Lau NOT TO SCALE COUNTY EXCISE. TAX DATE FEB 1 7 2012 PAID $ -.'1O7 ; EEC. NO.'2477 Yakinne County Treasurer's OWi When recorde•!, please return to: RUSSELL H. GILBERT Lyon Weigand & Gustafson PS P.O. Box 1689 Yakima WA 98907 Qi 1111 iii 71111 111 FILE# 7753713 YAKIMA COUNTY, WA 02/17/2012 02:38:05PM DEED PAGES: 3 LYON LAW OFFICE Recording Fee: 64.00 STATUTORY WARRANTY DEED THE GRANTOR, LEUNG YAN LAU, a single person, as his separate estate, for and in consideration of TEN AND NO/100 DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION, in hand paid, conveys and warrants to the CITY OF YAKIMA, a Washington municipal corporation, the following described real estate, situated in the County of Yakima, State of Washington: All that portion of the West 150 feet of the North 290 feet of Tract 40, Plat of Section 36, according to the Plat thereof recorded in Volume E of Plats, Page 36, records of Yakima County, Washington, Tying West, Northwest and North of the following described line: Commencing at the point of intersection of the South line of said subdivision with the East line of the West 2.65 feet of said subdivision; thence North along last said East line 40.30 feet to the point of beginning df the herein described line; thence East at right angles 2.00 feet; thence North parallel with the West line of said Tract 40 to the point of intersection with the South line of the North 37.96 feet of said Tract 40; thence Northeast in a straight line to the point of intersection of the East line of the West 33.00 feet of said Tract 40 with a line that is 14 feet South of as measured at right angles to and parallel with the North line of said Tract 40; thence East parallel with and 14 feet South ofsaid North line to the East line of West 150 feet of said Tract 40 and the terminus of the herein described line. A PORTION OF ASSESSOR'S PARCEL NO. 181336-32003 TOGETHER WITH all:water rights and appurtenances including after acquired title, if any, thereunto belonging. STATUTORY WARRANTY DEED - 1 718-136\me\yakima cit\leung Eau\swd Law Offices LYON WEIGAND & GUSTAFSON PS Lyon Law Offices - 222 North Third Street P 0 Box 1689 Yakima, Washington 98907 Telephone (509) 248-7220 Fax (509) 575-1883 1 1 ijI• 11 SUBJECT TO future; assessments by reason of the inclusion of said premises within the boundaries of any irrigation entity, district or company, and all other assessment districts, companies and entities. SUBJECT TO all pending and future litigation adjudicating and determining ground; and surface waters in any water drainage basin of which the property is a part. SUBJECT TO rights reserved in federal patents, state or railroad deeds; building or use restrictions general to the area; zoning regulations; all rights of way, easements, reservations, restrictions, agreements, covenants and conditions appearing in the record of title or apparent on inspection of said premises and/or plat SUBJECT TO right; of way and secondary easement granted to Pacific Power and Light Company for lines and appurtenances, the specific location of which is not disclosed, granted by instrument recorded January 14, 1976, in Volume 981 of Official Records, under Auditor's File Number 2408469. SUBJECT TO an easement affecting the portion of said premises_and for the purposes stated herein, and incidental purposes, for utilities, as recorded August 12, 1988, in Volume 1244 of Official Records, under Auditor's File Number 2837248. Said easement affects the West 10 feet of said premises. SUBJECT TO restrictions imposed by instrument recorded March 17, 2004, under Auditor's File Number 7389799, as follows: Any domestic 'or irrigation water above referred to does not include the permanent right to hook onto and receive water from wells or stand pipes on Grantor's remaining property and use thereof shall be permissive only. It is understood and agreed that the delivery of this Deed is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Yakima unless and until accepted and approved hereon in writing for City of Yakima, by the Interim City Manager and the' City Engineer. DATED this 1() day of February, 2012.. STATUTORY WARRANTY DEED - 2 718-136\me\yakima cit\leung lau\swd Law Offices LYON WEIGAND & GUSTAFSON PS Lyon Law Offices - 222 North Third Street P 0 Box 1689 Yakima, Washington 98907 Telephone (509) 248-7220 Fax (509) 575-1883 APPROVED AND ACCEPTED BY:7/1 � Michael Morales Interim City Manager Acknowledged By: z Douglas Ma o, City Engin STATE OF WASHINGTON ) ss. County of Yakima On this day personally appeared before me LEUNG YAN LAU, to me known to be the individual described `n and who executed the within and foregoing instrument (Statutory Warranty Deed -Leung Yan Lau to,City,,of Yakima), and acknowledged that he signed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN UNDER MY HAND AND OFFICIAL. SEAL this 2012. A„uunrirli °' �°T Atik" tia • s *Comm. Expires : = =UV : January 01.2014 :Z= -o Z. ;9l°G . ,F.pGtBL,N4C',. /SWAN‘`‘ STATUTORY WARRANTY DEED - 3 718-136\me\yakima cit\Ieung lau\swd 10 Illay of February, P- D To i 12.. 0 u rcurv4 (Print Name) Notary Public in and for the of Washington, residing in My Commission Expires: Law Offices LYON WEIGAND & GUSTAFSON PS Lyon Law Offices - 222 North Third Street P O Box 1689 Yakima, Washington 98907 Telephone (509) 248-7220 Fax (509) 575-1883