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Home My WebLink About4254 r �rr,e;r nM �Alvd 1 _._..Q .. �..�. l I11I1[1 111$1 11 11I 11 ii 1111 1 11 i 1 1 1 111 1111 N AFTER, RECORDING MAIL TO: 20171019000772 City Clerk ORDINANCE Ree:$85.00 City of Kent Iarsnoira 27 PM 220 Fourth Avenue South KING COUNTY, UNA Kent, WA 98032 WMASHINGTON STATE RECORDER'S COVER SHEET DOCUMENT TITLE(S): 1. City of Kent Ordinance No. 4254: Relating to Eminent Domain REFERENCE NUMBER(S) OF DOCUMENTS ASSIGNED OR RELEASED: N/A GRANTOR(S): 1. City of Kent, a Washington municipal corporation `-,id documents were filed of GRANTEE(S): 2�Ord es an accoirjodation only P;has not hoe!- ey.at ir:ed ;e t,� pV JPr r execution or a:s ro s. 1. The public LEGAL DESCRIPTION: No. 5Ei515-0010 Lot 1, Battisti Addition to Kent, a Replat of Lot 2, Garrison Creek Estates, according to the plat thereof recorded in Volume 115 of Plats, page 64, Except that portion conveyed to the City of Kent by Deed recorded under Recording No. 20050512000243. No. 880240-0020 Lot 1, City of Kent Short Plat No. SP-96-13, recorded under Recording No. 9609180827. No. 72205-9082 That portion of the West half of the Northwest quarter of the Northwest quarter of the Southeast quarter of Section 7, Township 22 North, Range 5 East, W.M. No. 072205-9020 Lot 4, City of Kent Short Plat No. SP-93-6, recorded under Recording No. 9401041459. No. 383000-0030; 383000-0035; 3830001-0055; 3 3000-0070 PARCEL A: TRACTS 8 AND 10, KENT FIVE ACRE TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 10 OF PLATS, PAGE(S) 19; EXCEPT THE WEST 20 FEET OF TRACT 10, CONDEMNED FOR DRAINAGE DITCH BY DRAINAGE DISTRICT NO. 1, IN KING COUNTY SUPERIOR COURT CAUSE NO. 329121; TOGETHER WITH THAT PORTION OF VACATED SOUTH 218TH STREET ADJOINING, VACATED BY CITY OF KENT ORDINANCE NO. 3293, RECORDED UNDER RECORDING NO. 9701280976, BEING A RE-RECORDING OF 9608080143, AS WOULD ATTACH BY OPERATION OF LAW; EXCEPT THE EAST 250 FEET THEREOF. PARCEL B: PARCEL 3, CITY OF KENT SHORT PLAT NO. SPC-77-35, (BURLINGTON NORTHERN 212TH STREET INDUSTRIAL CENTER, DIVISION 1, SPC 77- 37 PER THE KING COUNTY ASSESSOR) RECORDED UNDER RECORDING NO. 7810230760. PARCEL C: UNPLATTED TRACT "B", AS SHOWN AND DELINEATED ON THE PLAT OF KENT FIVE ACRE TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 10 OF PLATS, PAGE(S) 19; EXCEPT THE WEST 20 FEET THEREOF CONDEMNED FOR DRAINAGE DITCH BY DRAINAGE DISTRICT NUMBER 1, IN KING COUNTY SUPERIOR COURT CAUSE NO. 329121; AND EXCEPT THAT PORTION THEREOF LYING SOUTH OF THE WESTERLY EXTENSION OF THE PLATTED CENTERLINE OF SOUTH 218TH STREET. Additional legal descriptions on Exhibit "A" of document ASSESSOR'S PROPERTY TAX PARCEL/ACCOUNT NUMBER(S): 056515-0010; 880240-0020; 072205-9082; 072205-9020; 383000-0030; 383000-0035; 383000-0055; 383000-0070; PROJECT NAME: South 2241h Street Improvements from 88`' to 941h Condemnation Ordinance. ORDINANCE NO. 4Z5T I AN ORDINANCE of the City Council of the City of Kent, Washington, providing for the acquisition of real property and/or property rights located generally between S. 212th St., S. 222°d St., and between the Burlington Northern Santa Fe Railway tracks and 84th Ave S. This action is being taken in order to construct the S. 224th Street Improvements from 88th Ave. S. to 94th Place S. This ordinance provides for the condemnation, appropriation, taking, and damaging of real property and/or property rights as are necessary for that purpose and provides for the payment thereof out of the S. 224`h Street Improvements Project Fund (Fund No. R90067.64420.220). This ordinance also directs the City Attorney or designee to prosecute the appropriate legal proceedings, together with the authority to enter into settlements, stipulations, or other agreements, and acknowledges that all of the real property affected is located within King County, Washington. RECITALS A. The S. 224th Street Improvement Project includes the construction of a roadway beginning at the intersection of East Valley Highway and S. 224th Street via S. 218th Street and 88th Avenue S., and terminating at the intersection of 94th Place S. and S. 218th Street. The Project includes the installation of curbs, gutters, sidewalks, and widened shoulders; a two-way left turn lane; planted center medians and roadside planter strips; street lighting; undergrounding of current overhead utilities; storm water management facilities; a bridge over SR 167, a culvert at 1 Condemnation Ordinance - S. 224`h Street Improvements From 88`h Ave. S. to 94`h Place S. Garrison Creek; and sanitary sewer and water extensions to properties not currently served by City utilities. The project will also include wetland mitigation work at the identified Hytek Finishes site. B. To complete the project, staff must acquire certain property and/or property rights along the project's alignment. Efforts by City staff are currently ongoing to acquire the necessary property and/or property rights for this public use through negotiation and settlement agreements. C. In the past, staff has not typically sought formal Council action authorizing eminent domain proceedings until negotiation efforts fail or stall. However, the property and property rights needed for the Project include portions that meet the purpose and need for wetland mitigation (wet and undevelopable), and are economically feasible within the Project budget and allow for the Project to maximize incoming project revenue, including meeting the spending requirements for grant funds received from the Transportation Improvement Board. For this reason, staff has requested that Council authorize eminent domain proceedings for this public use now to place the City in a position to initiate condemnation proceedings without delay should negotiation efforts deteriorate so the project may still be timely constructed. D. Prior to Council's action on this ordinance, the City provided the requisite notice to property owners in the manner provided for in RCW 8.12.005 and RCW 8.25.290. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: 2 Condemnation Ordinance - S. 224t6 Street Improvements From 88t"Ave. S. to 94"' Place S. ORDINANCE SECTION 1. - Public Use and Necessity Declared. After receiving the report of City staff, and after reviewing the planned improvements for the S. 224th Street Improvement Project from 88th Ave. S. to 94th Place S. (the "Project'), the City Council finds and declares that the public convenience, use, health, safety, and necessity demand that the City of Kent condemn, appropriate, take, and damage certain real properties, all or in part, and located in King County, Washington, in order to acquire the necessary real property and/or property rights for the construction of the Project, including all necessary appurtenances. The properties affected by this ordinance are legally described in the attached and incorporated Exhibit A (collectively "the Property"). The acquisition area currently proposed for the Project is broadly depicted in the attached and incorporated Exhibit B-1 and Exhibit B-2 (collectively, "Acquisition Area"). However, the scope and boundary of the Acquisition Area may change concerning any portion of the Property if engineering requires modification of the plans, and such changes are hereby authorized. The purposes for which this condemnation is authorized shall include, without limitation, all acts necessary to complete the Project, including construction, extension, improvement, widening, alteration, maintenance, reconstruction, and restoration, and any other municipal purpose that may be necessary from time to time on the Property. SECTION 2. - Condemnation Authorized. The City Council authorizes the acquisition by condemnation of all or a portion of the Property needed for the construction, extension, improvement, widening, alteration, maintenance, mitigation, and reconstruction of the Project, together with all necessary appurtenances and related work to make a complete improvement according to City standards. 3 Condemnation Ordinance - S. 224`h Street Improvements From 881h Ave. S. to 94`h Place S. SECTION 3. - Condemnation Prrrredures and Proceedinos. The City shall condemn the Property only upon completion of all steps and procedures required by applicable federal or state law or regulations, and only after just compensation has first been made or paid into court for the owner or owners in the manner prescribed by law. SECTION 4. - Project Fund. The City shall pay for the entire cost of the acquisition by condemnation provided for in this ordinance through the City's "S. 2241" Street Improvements Project" fund (Fund No. R90067.64420.220), or from any of the City's general funds, if necessary, as may be provided by law. SECTION 5. City Attorney Authorized. In the event reasonable negotiation efforts are not successful with affected property owners, or if the timing of the Project otherwise requires, the City Attorney or his or her designee is authorized and directed to commence those proceedings provided by law that are necessary to condemn the Property. In commencing these condemnation proceedings, the City Council authorizes the City Attorney to enter into settlements, stipulations, or agreements in order to minimize damages. These settlements, stipulations, or agreements may include, but are not limited to, the amount of just compensation to be paid, the size and dimensions of the property condemned, and the acquisition of temporary construction easements and other property interests. SECTION 6. - Ratification. Any acts consistent with the authority of this ordinance and prior to its effective date are ratified and affirmed. SECTION 7. - Severabilitv. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. 4 Condemnation Ordinance - S. 224t" Street Improvements From 88t° Ave. S. to 94t" Place S. SECTIONS - Effective Date. This ordinance shall take effect and be in force five days from and after its publication as provided by law. ZE ;E , OKE, MAYOR Dat ; App oved ATTEST: 6 , 10/03/1-7 KIMBERLY PflKOMOTO, CITY CLERK Date dop ed .10 06 7 Date Niblislied APPROVED AS TO FORM: j' � TOM BRUBAKER, CITY ATTORNEY P_\Civil\ONnens\[vntlunalNrS 3EeN Sl lmpmvem¢n[!mm BBIM1 0 91 doa 5 Condemnation Ordinance - S. 224`h Street Improvements From 88`h Ave. S. to 94`h Place S. EXHIBIT A Legal Descriptions Condemnation Ordinance 224th Street Improvements Project — 84th Ave. S. to 941h Ave. S. ----------------------------------------------------------------------------- Tax Parcel Number: 056515-0010 Property wners: Mark L. Bonne and Summer H. Bonne Lot 1, Battisti Addition to Kent, a Replat of Lot 2, Garrison Creek Estates, according to the plat thereof recorded in Volume 115 of Plats, page 64, records of King County, Washington; Except that portion conveyed to the City of Kent by Deed recorded under Recording No. 20050512000243. Tax Parcel Number: 880240-0020 Property Craig W. Dougherty and Christine L. Dougherty Lot 1, City of Kent Short Plat No. SP-96-13, recorded under Recording No. 9609180827, Records of King County, Washington. Tax Parcel Number: 072205-9082 Property Owners: Dennis R. Besett & Janet D. Besett and Campbell D. Kristenson & Malinda J. Beset That portion of the West half of the Northwest quarter of the Northwest quarter of the Southeast quarter of Section 7, Township 22 North, Range 5 East, W.M., in King County, Washington, described as follows: Beginning at the Southwest corner of said subdivision; 4 Thence North 01001'25" East along the West line of said subdivision 200 feet to the True Point of Beginning; Thence continuing North 01001'25" East along said line 456.33 feet to the Northwest corner of said subdivision; Thence South 89059'42" East along the North line of said subdivision, 329.48 feet to the Northeast corner of said subdivision; Thence South 01003'12" West along the East line of said subdivision 656.17 feet to the Southeast corner of said subdivision; Thence South 89058'36" West along the South line of said subdivision 196.14 feet; Thence North 04141'47" West 200.63 feet; Thence South 89058'36" West 113 feet to the True Point of Beginning. Exhibit A - 1 of 2 Condemnation Ordinance S. 224" Street Improvements from 88th Ave. S. to 94th Ave. S. Tax Parcel Number: 072205-9020 Property Owner: Johann F. Thaheld Lot 4, City of Kent Short Plat No. SP-93-6, recorded under Recording No. 9401041459, records of King County, Washington. Tax Parcel Numbers: 383000-0030; 383000-0035; 383000-0055; 383000-0070 Property Owner: Hytek Finishes Company PARCEL A: TRACTS 8 AND 10, KENT FIVE ACRE TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 10 OF PLATS, PAGE(S) 19, RECORDS OF KING COUNTY, WASHINGTON; EXCEPT THE WEST 20 FEET OF TRACT 10, CONDEMNED FOR DRAINAGE DITCH BY DRAINAGE DISTRICT NO. 1, IN KING COUNTY SUPERIOR COURT CAUSE NO. 329121; TOGETHER WITH THAT PORTION OF VACATED SOUTH 218TH STREET ADJOINING, VACATED BY CITY OF KENT ORDINANCE NO. 3293, RECORDED UNDER RECORDING NO. 9701280976, BEING A RE-RECORDING OF 9608080143, AS WOULD ATTACH BY OPERATION OF LAW; EXCEPT THE EAST 250 FEET THEREOF. PARCEL B: PARCEL 3, CITY OF KENT SHORT PLAT NO. SPC-77-35, (BURLINGTON NORTHERN 212T" STREET INDUSTRIAL CENTER, DIVISION 1, SPC 77- 37 PER THE KING COUNTY ASSESSOR) RECORDED UNDER RECORDING NO. 7810230760, RECORDS OF KING COUNTY, WASHINGTON. PARCEL C: UNPLATTED TRACT "B", AS SHOWN AND DELINEATED ON THE PLAT OF KENT FIVE ACRE TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 10 OF PLATS, PAGE(S) 19, RECORDS OF KING COUNTY, WASHINGTON; EXCEPT THE WEST 20 FEET THEREOF CONDEMNED FOR DRAINAGE DITCH BY DRAINAGE DISTRICT NUMBER 1, IN KING COUNTY SUPERIOR COURT CAUSE NO, 329121; AND EXCEPT THAT PORTION THEREOF LYING SOUTH OF THE WESTERLY EXTENSION OF THE PLATTED CENTERLINE OF SOUTH 218TH STREET. Exhibit A - 2 of 2 Condemnation Ordinance S. 2241h Street Improvements from 881h Ave. S. to 94`h Ave. S. I I I II I I I ` S 216TH ST ,77" \ , w ,.•*`y`;`\lv\ v* ` 4 u I i I ® PROPOSED FEE TAKE EXHIBIT S 224TH STREET IMPROVEMENTS HYTEK PROPERTY KEN CITY 01 KENT SCALE: 1„ = 200 awar ENOINEERING OEPARTMVNT OATr! OB 2017 Ell yy fa _ n9.0_ NLV CP c � � a� a EZ'o6dco ? m �'S _. V n Go m 3mo oo�.. o... �rC.E v]iZa ca a��vi a`�ao `0.3 mLC �4.UF FRWE�.• NV3',�,'rn¢ mV Wy .. �-= .: =a � t •n G,S Vao.P v� ,�ZW]7�Fz ? ac •�Y�� p � d� octqiEEc �o. .Y�Y✓ a_ O aC � v`-� �� Tn� ✓, V yc90�'YL" m Sri 0F Om°i �a ° Ci Ci Go, E mmE� m m=:: 22 ` -EoiA "wU' 2 omi UU c nay .., U U(✓L C aU Lon~y ^e o hE $9o.E o s Z Z77'� y r;l ql N4Vd$p p��. �t OD f�pt C°«ah tom., Cw to D O GrA N A 9 C o U ti'•• O c' Up G c [ U F� O v y i b � ... o do ct � Q o � VF x °0o c>~ `° w C'D Q a.° a c°ncno an ° Ct � bo'= °q ° ceu a � o� U �� w � F 3 H � oU