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HomeMy WebLinkAbout3968 Ordinance ORDINANCE NO. -3 '�6 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 Lewis Street Overpass. WHEREAS, due to the deteriorating condition of the existing Lewis Street Railroad underpass and its necessary replacement as required for the safe and efficient circulation of traffic for this major corridor connecting East and West 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; and WHEREAS, other property over which the overpass improvements will be constructed are presently owned by various private property owners which will need to be acquired by the City to accomplish this project; 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, after giving notice of this action pursuant to RCW 8.12.290, and having held a public hearing thereon, it is, hereby, determined to be in the best interest of the City to acquire such real property for this very important public use,NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDIAN AS FOLLOWS: Section 1. Findings of Facts. A. The City Council does hereby find that the construction of the Lewis Street Overpass constitutes a public use as defined by RCW 8.12.030; B. The acquisition of the below-described parcels of real property, in part, or in its entirety, are necessary for the construction of the Lewis Street Railroad Overpass, thereby, constituting a public necessity; and C. The acquisition of the below-described real property is to be paid from the Arterial Street Fund, as supplemented by eligible State and Federal Grants without special assessment being levied therefore. Section 2. Description of the Property. The real property to be acquired by eminent domain constitutes the following described property: Condemnation Ordinance Owner Parcel Number Tri-City Union Gospel Mission 112-035-182 112-035-191 112-035-208 Laborer's Union No. 348 112-035-164 112-035-173 Franklin County 112-083-120 Marco A. Cardenas 112-036-207 Blanca Estela Diaz 112-036-172 Robert E. Olson 112-036-163 Don Wright 112-036-154 St. Vincent DePaul 112-036-127 112-036-136 112-036-145 Apostolic Assembly of Faith in Christ Jesus 112-036-065 112-036-074 112-036-083 112-036-092 112-036-109 Alyeskaflats, LLC/Delores Fields 112-036-118 J & M Investments 112-035-262 Jose A. Llamas and Victorina Llamas 112-035-226 112-035-235 112-035-253 Jesus Vera 112-035-244 Daniel H. Walsh and Judith M. Walsh, Trustees 112-035-217 Condemnation Ordinance 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 upon approval by the City Council, initiation of a 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 the determination of just compensation therefore. Section 4. This Ordinance shall take full force and affect five (5) days after its approval, passage, and publication as required by law. PASSED by the City Coun it of the Ci of Pasco, Washington, and approved as provided bylaw this__,? day of / J _ , 2010. 7 Matt Watkins Mayor ATTEST: APPROVED AS TO FORM: 4r3y34S De ie C ark Leland B. Arr City Clerk City Attorney Condemnation Ordinance