HomeMy WebLinkAbout3722 Ordinance ORDINANCE NO. 3 T Z Z
AN ORDINANCE of the City of Pasco, Washington, Authorizing the
Initiation of a Petition for Condemnation of Real Property Necessary for the
Construction of the Ainsworth Railroad Overpass.
WHEREAS, a City project has been initiated for the construction of a Railroad Overpass
on Ainsworth Avenue in the City of Pasco to provide for the efficient and improved circulation
of traffic throughout the City of Pasco; and
WHEREAS, to facilitate this project, the City needs to acquire real property upon which
the right-of-way and improvements of the Railroad Overpass will be constructed on property
presently owned by Alfredo Rodriquez acquiring the same by a Real Estate Contract from Harry
A. Lee; and
WHEREAS, the City, pursuant to Chapter 8.12 RCW, is authorized to acquire by
eminent domain such real property for public use after just compensation therefore has been
made; and
WHEREAS, it is hereby determined to be in the best interest of the City to acquire such
real property for public use,NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. Findings of Facts.
A. The City Council does hereby find that the construction of Ainsworth Avenue
Railroad Overpass constitutes a public use as enumerated by RCW 8.12.030;
B. The acquisition of the below-described real property, in its entirety, is necessary
for the construction of Ainsworth Railroad Overpass,thereby constituting a public necessity; and
C. The acquisition of the below-described real estate is to be paid from the Arterial
Street Fund.
Section 2. Legal Description. The real property to be acquired by eminent domain
constitutes the following described real property:
Lots 1 and 2, Block 15, Gantenbein's Addition, according to the plat
thereof recorded in Volume "B" of Plats, page 17, records of Franklin
County, Washington. TOGETHER WITH that portion of West "D" Street
lying between the centerline of the north/south alley of said Block 15 and
the northerly projection of the east line of said Lot 1, vacated by City of
Condemnation Ordinance- 1
Pasco Ordinance No. 981 and recorded under Auditor's File No. 209614,
AND TOGETHER WITH the North 10 feet East of the East line of said
Lot 2 vacated by City of Pasco Ordinance No. 2401, and recorded under
Auditor's File No. 421320 AND TOGETHER WITH the West 10 feet of
South 5th Avenue adjoining said Lots 1 and 2 and the vacated portion of
West "D" Street and vacated by City of Pasco Ordinance No. 322, AND
TOGETHER WITH that portion of the north/south alley of said Block 15
as vacated by City of Pasco Ordinance No. 3201 and recorded under
Auditor's File No. 538428.
Section 3. Authorization for Condemnation. The City Manager shall be and
hereby is authorized to proceed with the acquisition of the above-described real property by
negotiation, and, if necessary, by the initiation of the Petition for Condemnation of such real
property in Franklin County Superior Court providing for the acquisition of such real property by
eminent domain and for determination of just compensation.
Section 4. The City Council has determined that delay of this project may cause a
risk to public property and, therefore, a public emergency exists and this Ordinance shall take
full force and effect upon its adoption having been approved by a majority plus one of the whole
Council.
ASSED by the City Council of the City of Pasco, Washington and approved as
provi d by law `h day of April, 2005.
r �
Michael L. OArison
Mayor
ATTEST: APPROVED AS TO FORM:
Webster U' Jacksorl Leland B. Kerr
City Clerk City Attorney
Condemnation Ordinance-2
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