857 Stevens St Eminent DomainORDINANCE NO. 857
AN ORDINANCE OF THE CITY OF YELM, WASHINGTON, relating to the
acquisition by eminent domain of a certain portion of property in the City of Yelm
necessary for construction and maintenance of the Stevens Street Northwest Roadway
Improvement Project; directing staff to exhaust all reasonable negotiation efforts to
purchase property necessary for the project, describing the public convenience, use and
necessity of such property; providing for the condemnation, appropriation and use of the
property; providing the mode of payment of cost of acquisition of the property; and
directing the City Attorney to prosecute such action in Thurston County Superior Court in
the event direct purchase efforts are not successful.
WHEREAS, there exists in the City of Yelm a certain portion of property legally
described in Section 1 of this ordinance; and
WHEREAS, the Washington State Transportation Board has awarded the City a
grant in the amount of $565,000 to assist the City in accomplishing this improvement;
and
WHEREAS, the City of Yelm is committed to making certain improvements to
Stevens Street West including installing curbs, gutters, sidewalks, planter strips, storm
drainage, street lighting, bicycle lanes and to provide pedestrian and vehicular travel;
and
WHEREAS, Stevens Street West is a commercial collector that will connect
Stevens Street NE to Edwards Street West in the City of Yelm and is an important
component of the regional transportation system; because such improvements are
necessary to provide a safe transportation corridor for vehicles and pedestrians, the
property to be acquired is necessary for the project and for completion of the public uses
of the project.
WHEREAS, based on the foregoing, the City Council finds that the only
alternative available for acquisition of the following property may be by eminent domain;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YELM, WASHINGTON,
DOES ORDAIN AS FOLLOWS:
Section 1. Legal Description. The real property that is the subject of this ordinance is
legally described as follows:
See attached Exhibit B (map), which is incorporated herein by this reference.
Section 2. Public use and necessity. The public convenience, use, and necessity
demand the acquisition of the real property described in Section 1 herein for construction
and maintenance of the Stevens Street West Project and for u'se by the public for public
transportation needs.
Section 3, Condemnation of property. The real property described in Section 7 herein
is hereby condemned and appropriated and taken for the purposes described in Section
2 herein, only after just compensation has been made, or paid into the court for the
owner thereof in a manner provided by law.
Section 4. Costs of acquisition. The costs of the acquisition provided for by this
ordinance shall be paid by the project fund (316) of the City of Yelm, or such other funds
of the City of Yelm as may be provided by law.
Section 5. Direction to and Authority of City Attorney. The City Attorney is hereby
directed to exhaust reasonable efforts through direct negotiations to acquire authorized
and directed to begin and prosecute the necessary property. In the event reasonable
negotiation efforts are not successful with affected property owners, the City Attorney is
hereby authorized and directed to begin and prosecute actions and proceedings in a
manner provided by law to condemn, take, damage, and appropriate the real property
necessary to carry out the provisions of this ordinance. In conducting such
condemnation proceedings, the City Attorney is hereby authorized to enter into
stipulation for the purpose of minimizing damages.
Section 6. Severability -Construction
(1) If a section, subsection paragraph, sentence, clause, or phrase of this
ordinance is declared unconstitutional or invalid for any reason by any court of
competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance.
(2) If the provisions of this ordinance are found to be inconsistent with other
provisions of the City of Yelm Municipal Code, this ordinance is deemed to control.
Section 7. Effective date. This ordinance shall take effect and be in full force five (5)
days after its passage, approval and publication in accordance with law.
PASSED BY the City Council of Yelm, Washington, this 10th day of October, 2006 and
signed in authentication there of this 10th day of October. 2006.
ATTEST:
gnes Benriick, City CI rk
anine Schnepf,/De~puty City Clerk
Brent Dille, City Attorney
Date of publication: October 20, 2006
Effective date: October 25, 2006
All that portion of the following described Parcel "A", described as follows:
COMMENCING at the Southwest corner of Lot 11, Block 18, McKenzies Second
Addition to Yelm, as recorded in Volume 8 of Plats at Page 104, records of
Thurston County, Washington, which adjoins the Northwesterly Right-of-Way of
North 1St Street; THENCE Narth 52°28'50" East 33.23 feet, along the
Southeasterly line of said Lat 11 to the POINT OF BEGINNING; THENCE
continuing North 52°28'50" East 99.04 feet, along the Southeasterly line of said
Lots 11, 12 and 13 to the beginning of anon-tangent curve to the left, having a
radius of 338.95 feet, the central point of which bears North 51 °28' 1$" West;
THENCE Northeasterly 15.14 feet, along the arc of said non-tangent curve and
through a central angle of 2°33'36" along the Southeasterly line of said Lot 13
and the Northwesterly Right-of--Way of said North 1St Street; THENGE South
58°00'05" West 6.33 feet; THENCE North 84°34'06" West 25.19 feet; THENCE
North 47°46'21" West 77.90 feet to the Northwesterly line of said Lot 13;
THENCE South 52°28'50" West 48.78 feet, along the Northwesterly line of said
Lots 12 and 13; THENCE South 47°46'21" East 69.33 feet; THENCE South
11°38'25" East 25.97 feet; THENCE South 38°26'39" West 28.11 feet to the
POINT Ofi BEGINNING and containing 5,384 square feet, more or less.
PARCEL "A"
Lats 6 through 15, Block 18, McKenzie Second Addition to Yelm, as recorded in
Volume 8 of Plats, page 104.
Thurston County, Washington
EXHIBIT 'B'
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LINE TABLE
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100' S0' 0 100'
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SCALE: 1" = 100'
N0. BEARING DISTANCE
L1 N52'28'50"E 33.23'
L2 N52'28'50"E 99.04'
L3 S58'00'05"W 6.33'
L4 N84'34'06 W 25.19
L5 N47'46'21 "W 77.90'
L6 S52'28'50"W 48.78'
L7 S47'46 21 E 69.33
L8 S11'38'25"E 25.97'
L9 S38'26'39"W 28.11'
CURVE TABLE
N0. DELTA LENGTH RADIUS
C1 2'33'36" 338.95' 15.14'