806 Declare Public Use and Necessity of Stevens St.ORDINANCE N0.806
AN ORDINANCE OF THE CITY OF YELM, WASHINGTON,
DECLARING PUBLIC U5E AND NECESSITY REGARDING THE
STEVENS STREET NE IMPROVEMENT PROJECT AND
AUTHORIZING CONDEMNATION ACTIONS AGAINST CERTAIN
REAL PROPERTIES LOCATED WITHIN THE CITY OF YELM
WHEREAS, the City of Yelm is involved in a project to make certain improvements to
Stevens Street NE, including installing curbs, gutters, sidewalks, planter strips, storm drainage,
street lighting, and bicycle lanes to provide safer pedestrian and vehicular travel; and
WHEREAS, efforts have been made to obtain properties necessary for the project,
including appraising the properties and attempting to negotiate reasonable compensation for the
properties; and
WHEREAS, those efforts have not been successful in securing the acquisition of all the
properties necessary for the project; and
WHEREAS, because Stevens Street NE is a commercial collector connecting West Road
to ls` Street in the City of Yelm and is an important component of the region's transportation
system; because the improvements are necessary to protect public health, safety and welfare,
reduce traffic accidents and provide a safer transportation corridor for vehicles, bicycles and
pedestrians, the property to be acquired is necessary for the project and for completion of the
public uses of the project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YELM,
WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. Declaring Public Use and Necessity for Certain Properties. The property
identified on the list attached hereto, marked as Exhibit "A" and incorporated herein by this
reference, is hereby declared necessary for the Stevens Street NE Improvement Project for the
reasons set forth above in the whereas clauses, and the use of such property in connection with
the street and sidewalk improvements to be made to the project is hereby declared a public use.
Section 2. Authorizing the City Administrator and the City Attorney to Proceed with
Condemnation. The City Administrator and City Attorney are hereby authorized to commence
such condemnation action as may be necessary to acquire the property identified on the attached
Exhibit "A".
Section 3. Providing Fair, Reasonable Compensation. The City shall pay reasonable
compensation to the owners of the properties to be acquired by the condemnation action.
Compensation shall be paid from the City's Stevens Street Construction Fund.
G:\Council\2004\Ord. No. S06.doc
Section 4. Severability. If any section, sentence, clause or phrase of this Ordinance
shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not effect the validity or constitutionality of any other
section, sentence, clause or phrase of this Ordinance.
Section 5. Publication and Effective Date. A summary of this Ordinance consisting
of its title shall be published in the official newspaper of the city. This ordinance shall be
effective five (5) days after its publication.
PASSED BY THE CITY COUNCIL ON THIS 9th
ATTEST:
r~ ~~
~~ CJ ~-~,~~L~Kr~
A s Bennick, City Clerk
t
Brent F. Dille, City Attorney
Date of Publication:
Effective Date:
.June 18, 2004
June 23,2004
J un e ~ .2004.
Mayor
G:\Council\2004\Ord. No. 806.doc
EXHIBIT `A'
EAST 250'
~s ~ ` / '
5`~!~ D~i3• V
~YS ~~1
~~ ~
\ QG
~ ~~~ f
o ~/ /
~~
/ ~/ ~~~
PATRICIA A. WHEELER
PARCEL N0. 2271-93-10900
ADDITIONAL RIGHT-OF-WAY
~ (6,819 SF)
w Y " s~
z
~ r
~
,~~a
~ M
o z ~-
,~
~ ~ ~,
~~ °
~~ "te
_
, r
o
'
_
~ `~3 ~~.
~' '
<
+
1 _
S88':
ORTH
1 "= 6 0'
20' so' 120'
o' 40' so'
# 05
~O~
;- A~
'O
t O.
r ~~
,t
57
~~~, 26
26, ~ o.
c~
'~ N22'S7'30"W
Q ~` 4.75'
147.30'
X50.00'
P.O.B.
0
N
r
3
n
M
CV
M
O
#05
Patricia Wheeler
Parcel No. 2271-93-10900
Additional Right-of-Way
That portion of the East 250 feet, of the Northeast quarter, of the Southwest
quarter, of Section 19, Township 17 North, Range 2 East, of the W.M., City of
Yelm, Thurston County, Washington described as follows:
Commencing at the Southeast corner of said subdivision, as measured South
01°32'37" West 1228.01 feet from the intersection of the Southerly Right-of-Way
line of Northern Pacific Railway Company and the East line of said subdivision;
Thence North 88°27'23" West 147.30 feet, along the South line of said
subdivision to the POINT OF BEGINNING; THENCE continuing North 88°27'23"
West-57.66 feet to the beginning of anon-tangent curve to the left, having a
radius of 394.00 feet and the center point of which bears South 64°15'13" West;
Thence Northwesterly 82.25 feet, along arc of said curve and through a central
angle of 11 °57'38", to the West line of said subdivision; Thence North 01°32'37"
East 76.02 feet, along the West line of said subdivision to the beginning of a non-
tangent curve to the right, having a radius of 446.00 feet, the center point of
which bears South 44°42'31" West; THENCE Southeasterly 173.85 feet along
the arc of said non-tangent curve and through a central angle of 22°20'00";
Thence South 22°57'30" East 4.75 feet, to the POINT OF BEGINNING and
containing 6,819 square feet, more or less.
s
Ian tin ~ / ~ 1-.I
o,s oS- 2 ao~l
EXHIBIT `A'
EAST 250'
F,J,s ~,~
\ S~.
\ QG
,~~, ~~Q~
~~/ ~~
~ ~ P.O.B.
~o~° to ~~~ N M
!. ~ N N
, Z
ADDITIONAL RIGHT-OF-WAY
\ _ (405 SF)
ADDITIONAL RIGHT-OF-WAY
\ (1,268 SF)
W W
\ r7
M ~
-N d-
O
Z
Z 85.51'
123.56'
D 1'30'01" ~
R 394.00 j
L 10.32'
PATRICIA A. WHEELER POINT 'A'
PARCEL N0. 6442-34-0001
ORTH
1 "= 6 0' .
20' so' 120`
0' 40' 90'
# 107
0
rn
_N
n
M
N
0
~,~`'~~ ~~ ; ~`~ ~ S88'2T23"E
~. ~ _ .: 21.60'
81' 7g• 3 120, g0
\aa ~ N 79 45'20 ~ D
~~ 26. P.0.6. "w
26~ \o:
#107
Patricia Wheeler
Parcel No. 6442-34-00001
Additional Right-of-Wy
That portion of Tracts C and D of McKenzie Second Addition to Yelm as
recorded in Volume 8 of Plats, Page 104, and being within the Southwest
quarter, of Section 19, Township 17 North, Range 2 East, of the WM., City of
Yelm, Thurston County, Washington and described as follows:
Commencing at a point on the East line of said subdivision, as measured South
01°32'37" West 1267.90 feet from the intersection of the Southerly right-of-way
line of Northern .Pacific Railway Company and the_ East line of said subdivision;
Thence North 79°45'20" West 120.90 feet to the Point of Beginning; Thence
continuing North 79°45'20" West 81.78 feet to the beginning of anon-tangent
curve to the left, having a radius of 394.00 feet, the center point of which bears
South 65°45'14" West and a point hereinafter known as Point `A'; Thence
Northwesterly 10.32 feet, along the arc of said curve and through a central angle
of 1°30'01" to a point in the South line of the Northeast quarter, of said
subdivision; Thence South 88°27'23" East 130.54 feet, along said South line to a
point which bears North 01°41'03" East from the Point of Beginning; Thence
South 01°41'03" West 21.60 feet to the Point of Beginning and containing 1,268
square feet, more or less.
Together with the following:
Commencing at aforesaid Point `A'; Thence continuing North 79°45'20" West
123.56 feet, to the Easterly margin of NE 3`d Street; Thence North 40°03'33"
East 75.64 feet, along the Easterly margin of said NE 3`d Street to the Point of
Beginning; Thence continuing North 40°03'33" East 40.76 feet, to a point in the
West line of the East 250 .feet, of aforesaid Northeast quarter, of said subdivision;
Thence South 01°32'37" West 31.90 feet, along said West line; Thence North
88°27'23" West 25.39 feet to the Point of Beginning and containing 405 square
feet, more or less.
i~~o ~:~ '~~l r~ t..~~
os -os- z oo~l
CERTIFICATE OF CLERK
I DO HEREBY CERTIFY that I am the duly chosen, qualified and acting Clerk of
the City of Yelm, Washington (the "City"), and keeper of the records of the City Council
(the "Council"); and
I HEREBY CERTIFY:
That the attached ordinance is a true and correct copy of Ordinance No.
806 of the City (the "Ordinance"), as finally passed at a regular meeting of the Council
held on the 9th day of June, 2004, and duly recorded in my office.
2. That said meeting was duly convened and held in all respects in
accordance with law, and to the extent required by law, due and proper notice of such
meeting was given; that a quorum was present throughout the meeting and a legally
sufficient number of members of the Council voted in the proper manner for the passage
of the Ordinance; that all other requirements and proceedings incident to the proper
passage of the Ordinance have been duly fulfilled, carried out and otherwise observed,
and that I am authorized to execute this certificate.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official
seal of the City this 14th of June, 2004.
~~ ~, ~ ,,~
/~~
i~ cW ~ ~i`l G kt~''
/ City Clerk
(SEAL)