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Home My WebLink About3329 OrdinanceORDINANCE NO. ,...53a9 AN ORDINANCE of the City of Pasco, Washington authorizing the initiating of a Petition for Condemnation of all mineral rights to certain properties owned or occupied by the City WHEREAS, the City has acquired real property located m Franklm County, upon which are situated City facilities mcludmg spray fields conshtutmg a portion of the commercial wastewater treatment system, the baseball stadium (Posse Stadium), and the soccer recreational complex In addition, the City, m conjunction with Franklin County now maintains the Trade Recreation and Agricultural Center (TRAC) upon real property owned by the County All of the parcels of real property identified above, are subject to a reservation for the exploration and extraction of the minerals which jeopardize the public's continued quiet enjoyment of the City's surface right activities, and WHEREAS, the present holders of the mineral rights have threatened to exercise such rights which may result in the destruction or interruption of the City's surface uses of the premises, and WHEREAS, the City, pursuant to Chapter 8 12 RCW, is authorized to acquire by eminent domain the interest m real property, including subsurface mineral nghts, for public use after just compensation therefore has been made, and WHEREAS, it is hereby determined to be m the best mterest of the City to join with Franklin County to assist m acquisition of subsurface mineral rights affecting the TRAC property 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 any exploration, extraction or other surface or subsurface activities in the pursuit of discovery and removal of minerals from the below described city properties are inconsistent with, detrimental to and jeopardizes the valuable improvements made upon and the public use made of those properties, Ordmance - 1 • The present and anticipated uses of the property consisting of park and recreational development and wastewater treatment spray field constitutes a public use, • The acquisition of the subsurface and mineral nghts constitutes a public necessity to insure the uninterrupted and undisturbed public use of the properties, and • The acquisition of the reserved mineral nghts is to be paid from the General Fund • Utilization of the TRAC facility m conjunction with Franldm County is a valuable public mterest held by the City of Pasco which may be jeopardized by a subsurface mineral exploration and excavation Section 2. Legal Description. The mineral nghts to be acquired by eminent domam effect the following described real property A Posse Stadium and soccer fields particularly descnbed as follows A PARCEL OF LAND SITUATED li\T THE EAST HALF SECTION 16, TOWNSHIP 9 NORTH, RANGE 29 EAST, W M, FRANKLIN COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS BEGINNING AT THE NORTHWEST CORNER OF SAID EAST HALF, THENCE, S 88°21'34"E ALONG THE NORTH LINE OF SAID EAST HALF A DISTANCE OF 1630 01 FEET, THENCE S 01°27 1 09"W A DISTANCE OF 990 01 FEET TO THE TRUE POINT OF BEGINNING, THENCE CONTINUING S01°27'09"W A DISTANCE OF 1657 26 FEET TO A POINT ON THE NORTHEASTERLY RIGHT OF WAY MARGIN OF STATE HIGHWAY (SR 182), THENCE N 65°56'35"W ALONG SAID NORTHEASTERLY RIGHT OF WAY MARGIN A DISTANCE OF 968 57 FEET, THENCE N 53°32'31" W A DISTANCE OF 32 11 FEET, THENCE LEAVING SAID RIGHT OF WAY MARGIN N 01°27'09" E A DISTANCE OF 1269 58 FEET, THENCE S 88°21'34"E A DISTANCE OF 920 47 FEET TO THE TRUE POINT OF BEGINNING SUBJECT TO EASEMENTS, RESERVATIONS AND RESTRICTIONS OF RECORD CONTAINING 31 00 ACRES OR 1,350,361 SQUARE FEET B Spray fields, more particularly descnbed as SECTIONS 3 AND 11 OF TOWNSHIP 9 NORTH, RANGE 30 EAST W M , RECORD OF FRANKLIN COUNTY, WASHINGTON C TRAC facility, more particularly descnbed as Ordmance -2 A PARCEL OF LAND SITUATED IN THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 9 NORTH, RANGE 29 EAST, W M , FRANKLIN COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER, THENCE S 88°21 1 34E ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER, 1630 01 FEET, THENCE S 01°27'09"W, 59 00 FEET TO THE SOUTHERLY RIGHT OF WAY MARGIN OF BURDEN ROAD, THENCE N 88°2I'34"W ALONG SAID SOUTHERLY RIGHT OF WAY MARGIN A DISTANCE OF 60 00 FEET TO THE TRUE POINT OF BEGINNING, THENCE S 01°27 1 09"W A DISTANCE OF 820 84 FEET TO A POINT OF CURVE, THENCE ALONG A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 90°11'17", A RADIUS OF 50 00 FEET AND AN ARC DISTANCE OF 78 70 FEET TO A POINT OF TANGENT, THENCE N 88°21'34"W A DISTANCE OF 339 09 FEET, THENCE N 01°38'26"E A DISTANCE OF 239 73 FEET, THENCE N 88°23 1 00"W A DISTANCE OF 545 45 FEET, THENCE S 01°38'26"W A DISTANCE OF 239 50 FEET, THENCE N 88°21'34"W A DISTANCE OF 598 35 FEET TO THE EASTERLY RIGHT OF WAY MARGIN OF CONVENTION PLACE ROAD (COUNTY), THENCE N 01°38'26"E, ALONG SAID EASTERLY RIGHT OF WAY MARGIN, 851 00 FEET TO A POINT OF CURVE, THENCE ALONG A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 90°00'00", A RADIUS OF 20 00 FEET AND AN ARC DISTANCE OF 31 42 FEET TO A POINT OF TANGENT AND BEING ON SAID SOUTHERLY MARGIN, THENCE S 88°21'34"E ALONG SAID SOUTHERLY MARGIN A DISTANCE OF 1510 20 FEET TO THE TRUE POINT OF BEGINNING SUBJECT TO EASEMENTS, RESERVATIONS AND RESTRICTIONS OF RECORD CONTAINING 27 61 ACRES OR 1,202,734 SQUARE FEET Section 3. Authorization for Condemnation. The City Manager shall be and hereby is authorized to proceed with the acquisition of all mmeral and subsurface rights which may constitute an encumbrance upon the above descnbed real property by negotiation and, if necessary, by the initiation of the Petition for Condemnation m Franldm County Superior Court for detemunation of just compensation, mcludmg a joint petition with Franklm County Section 4. This Ordmance shall take full force and effect five (5) days after its approval, passage and publication required by law PASSED by the City Council of the City of Pasco, Washington and approved as provided by law this ')."' day of R.(---v yxYr-__/, , 1998 Ordinance -3 Charles D Kilbury Mayor ATTEST Catherine D Seaman Deputy City Clerk APPROVED AS TO FORM Leland B Kerr City Attorney Ordmance -4 DAY OF \.1), — -ova _ P 0 BOX 2608 PASCO, WASHINGTON 99302 2608 PHONE (509) 582 1500 DATE I , 44.1 -73 LEGAL NO -VI '( ' I ACCOUNT NO '13(2P DESCRIPTION #0 3 71. Of- 1 -1 .!.,2 MI 11L-..F AL. P LEG L V'f8 TB 11 INVOICE TOMES LINES SOLD TO 1 7 ' Ac0.. 11 Y t 11. L La AL. F .C1. P1.3), TOTAL OVIICE This Is an invoice for legal advertising space Please pay from this invoice as no statement will be rendered Please detach at perforation and return with payment AFFilDAKY PCOEMSDAY1100 COUNTY OF BENTON if SS STATE OF WASHINGTON ECEIVIE \?\ FEa 0 lsgt RNANCE itEpT 011r1 Hi ). tit l , being duly sworn, deposes and says, I am the Legal Clerk of the Tr-City Herald, a daily newspaper That said newspaper is a legal newspaper and has been approved as a legal newspaper by order of the superior court in the county in which it is published and it is now and has been for more than six months prior to the date of the publication hereinafter referred to, published countinually as a daily newspa- per in Benton County, Washington_ That the attached_ is_a _true copy of a -ki-( 1()7 1 ORD L.:2 MINE 1-k At F' 1 (AI I s it was printed in the regular and entire issue of the Tr-City Herald itself and not in a supplement thereof, 1 time(s), /-3 4 commencing on 01 1 7/ 1 , and ending on ()I I //I , and that said newspaper was regulary distributed to its subscribers during all of this period At/ SUBSCRIBED AND SWORN BEFORE ME THIS / 7 tá public in and for the Sta of Wash- ington, residing p l.( COMMISSION EXPIRES t )0 1 '`) St / , — ORDINANCE NO 332-9— AN ORDINANCE of the Ci'y of Pasco Washington authorizing the initiating of a Petition for Condemna- tion of all mineral rights to 6-ertain properties owned or c coupled by the City WHEREAS the City has acquired real property lo cated in Franklin County upon which are situated City facilities including spray fields constituting a portion of the commercial wastewater treatment sys- tem the baseball stadium (Posse Stadium) and the - soccer recreational com- plex In addition the City in conjunction with Franklin County now maintains the Trade Recreation and Ag- ricultural Center (TRAC) upon real property owned by the County All of the parcels of real property identified above are sub- 'pact to a reservation for the exploration and extraction of the minerals which jeop 'ardize the public s contin- ued quiet enjoyment of the City s surface right activ- ities and WHEREAS the present iholders of the mineral rights have threatened to exercise such rights which may result in the destruction or interruption of the City s surface uses of the premises and WHEREAS the City pursuant to Chapter 8 12 RCW is authorized to acquire by eminent domain the interest in real property including subsurface min- eral rights 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 join with Franklin County to assist in acquisition of sub- surface mineral rights affecting the TRAC prop erty NOW THEREFORE THE CITY COUNCIL OF THE CITY OF PASCO WASHINGTON DO OR- DAIN AS FOLLOWS Section 1 Findings of Facts A The City Council does hereby find that any ex- ploration extraction or other surface or subsurface activities in the pursuit of discovery and removal of minerals from the below described city properties are inconsistent with det- rimental to and jeopardizes the valuable improvements made upon and the public use made of those prop erties B The present and antici pated uses of the property consisting of park and recreational development and wastewater treatment spray field constitutes a public use C The acquisition of the subsurface and mineral rights constitutes a public necessity to insure the un interrupted and undis- turbed public use of the properties and D The acquisition of the reserved mineral rights is to be paid from the Gene --I Fund E Utilization of the TRAC facility in conjunction with Franklin County is a valu able public interest held by the City of Pasco which may be jeopardized by a subsurface mineral ex- ploration and excavation Section 2 Legal Description The mineral rights to be acquired by eminent domain effect the following described real property A Posse Stadium and soc cer fields particularly de- scribed as follows -A PARCEL OF LAND SITUATED IN THE EAST HALF SECTION 16 TOWNSHIP 9 NORTH RANGE 29 EAST W M FRANKLIN COUNTY WASHINGTON DE- SCRIBED AS FOLLOWS BEGINNING AT THE NORTHWEST CORNER OF SAID EAST HALF THENCE S 88°21 34E ALONG THE NORTH LINE OF SAID EAST HALF A DISTANCE OF 1630 01 FEET THENCE S 01°27 09W A DIS TANCE OF 990 01 FEET TO THE TRUE POINT OF BEGINNING THENCE CONTINUING S01°27 09W A DISTANCE OF 1657 26 FEET TO A P OINT ON THE NORTHEASTERLY RIGHT OF WAY MARGIN OF 'STATE HIGHWAY (SR 182) THENCE N 65°56 35W ALONG SAID NORTHEASTERLY RIGHT OF WAY MARGIN A DISTANCE OF 968 57 FEET THENCE N 53°32 31 W A DIS- TANCE OF 32 11 FEET THENCE LEAVING SAID RIGHT OF WAY MARGIN N 01°27 09 E A DIS TANCE OF 1269 58 FEET THENCE S 88°21 34E A DISTANCE OF 920 47 FEET TO THE TRUE POINT OF BEGINNING SUBJECT TO EASE- MENTS RESERVATIONS AND RESTRICTIONS OF RECORD CONTAINING 31 00 ACRES OR 1 350 361 SQUARE FEET B Spray fields more particularly described as SECTIONS 3 AND 11 OF TOWNSHIP 9 NORTH RANGE 30 EAST W M RECORD OF FRANKLIN COUNTY WASHIN pTONC TRAC facility more particularly described as A PARCEL OF LAND SITUATED IN THE NORTHWEST QUARTER OF SECTION 15 TOWN SHIP 9 NORTH RANGE 29 EAST W M FRANKLIN COUNTY WASHINGTON DE SCRIBED AS FOLLOWS COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER THENCE S 88°21 34E ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER 1630 01 FEET THENCE S 01°27 09W 59 00 FEET TO THE SOUTHERLY RIGHT OF WAY MARGIN OF BURDEN ROAD THENCE N 88°21 34W ALONG SAID SOUTHERLY RIGHT OF WAY MARGIN A DIS TANCE OF 60 00 FEET TO THE TRUE POINT OF BEGINNING THENCE S 01°27 09W A DIS TANCE OF 820 84 FEET TO A POINT OF CURVE THENCE ALONG A CURVE TO THE RIGHT HAVING A CENTRAL AN- GLE OF 90 0 11 17 A RA- DIUS OF 50 00 FEET AND AN ARC DISTANCE OF 78 70 FEET TO A POINT OF TANGENT THENCE N 88°21 34W A DIS- TANCE OF 339 09 FEET THENCE N 01°38 26E A DISTANCE OF 239 73 FEET THENCE N 88°23 00W A DIS TANCE OF 545 45 FEET THENCE S 01°38 26W A DISTANCE OF 239 50 FEET THENCE N 88°21 34W A DIS- TANCE OF 598 35 FEET TO THE EASTERLY RIGHT OF WAY MARGIN OF CONVENTION PLACE ROAD (COUNTY) THENCE N 01°38 26E ALONG SAID EASTERLY RIGHT OF WAY MARGIN 851 00 FEET TO A POINT OF CURVE THENCE ALONG A CURVE TO THE RIGHT HAVING A CEN TRAL ANGLE OF 90°00 00 A RADIUS OF 20 00 FEET AND AN ARC DISTANCE OF 31 42 FEET TO A POINT OF TANGENT AND BEING ON SAID SOUTHERLY MARGIN THENCE S 88°21 34E ALONG SAID SOUTHERLY MAR GIN A DISTANCE OF 1510 20 FEET TO THE TRUE POINT OF BEGIN- NING SUBJECT TO EASEMENTS RESERVA TIONS AND RE- STRICTIONS OF REC- ORD CONTAINING 27 61 ACRES OR 1 202 734 SQUARE FEET Section 3 Authorization for Condemnation The City Manager shall be and hereby is authorized to pro- ceed with the acquisition of all mineral and subsurface rights which may constitute an encumbrance upon the above described real prop- erty by negotiation and if necessary by the initiation of the Petition for Con- demnation in Franklin County Superior Court for determination of just corn pensation including a joint petition with Franklin County Section 4 This Ordinance shall take full force and ef- fect five (5) days after its approval passage and publication requireti by law PASSED by the Cay Coun cil of the City oi Pasco Washington and approved as provided by law this 7th day of Decembe - 1098 Charles D Kilbury g/layor ATTEST Catherine D Seaman Deputy City Clerk Approved as to Form Leland B Kerr City Attorney #0071 1/17/99 ,_ r 1