HomeMy WebLinkAbout3540ORDINANCE NO.35 40
AN ORDINANCE of the City of Kent,
Washington, ordering the construction of the Meeker Street
widening and Washington Avenue HOV lanes
improvements project all in accordance with Resolution
No. 1579 of the City Council; establishing Local
Improvement District No. 354 and ordering the carrying
out of the proposed improvement; providing that payment
for the improvement be made in part by special
assessments upon the property in the District, payable by
the mode of "payment by bonds"; and providing for the
issuance and sale of local improvement district warrants
redeemable in cash or other short-term financing and local
improvement district bonds.
WHEREAS, by Resolution No. 1579 adopted December 12, 2000,
the City Council declared its intention to order the construction of the Meeker Street
widening and Washington Avenue HOV lanes improvements project, and fixed
January 2, 2001, at 7:00 p.m., local time, in the Council Chambers of the City Hall
as the time and place for hearing all matters relating to the proposed improvement
and all comments thereon and objections thereto and for determining the method of
payment for the improvement; and
WHEREAS, the City's Director of Public Works caused an estimate
to be made of the cost and expense of the proposed improvement and certified that
estimate to the City Council, together with all papers and information in his
possession touching the proposed improvement, a description of the boundaries of
the proposed local improvement district and a statement of what portion of the cost
and expense of the improvement should be borne by the property within the
proposed district; and
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Establish Formation of LID 354
WHEREAS, that estimate is accompanied by a diagram of the
proposed improvement showing thereon the lots, tracts, parcels of land, and other
property which will be specially benefited by the proposed improvement and the
estimated cost and expense thereof to be borne by each lot, tract and parcel of land
or other property; and
WHEREAS, due notice of the above hearing was given in the manner
provided by law, and the hearing was held by the City Council on the date and at
the time above mentioned, and all persons appearing at such hearing and wishing to
be heard were heard; and
WHEREAS, the City Council has determined it to be in the best
interests of the City that the improvement as hereinafter described be carried out
and that a local improvement district be created in connection therewith; NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
DOES HEREBY ORDAIN as follows:
SECTION 1. The City Council of the City of Kent, Washington (the
"City"), orders the construction of the Meeker Street widening and Washington
Avenue HOV lanes improvements project as more fully described in Exhibit A,
attached hereto and by this reference made incorporated herein. All of the
foregoing shall be in accordance with the plans and specifications therefor prepared
by the Director of Public Works of the City, and may be modified by the City
Council as long as such modification does not affect the purpose of the
improvement.
SECTION 2. There is created and established a local improvement
district to be called Local Improvement District No. 354 of the City of Kent,
Washington (the "District"), the boundaries or territorial extent of the District being
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Establish Formation of LID 354
more particularly described in Exhibit B attached hereto and by this reference
incorporated herein.
SECTION 3. The total estimated cost and expense of the
improvement is declared to be $3,994,388. Approximately $480,400 of the cost
and expense shall be borne by and assessed against the property specially benefited
by such improvement included in the District which embraces as nearly as
practicable all property specially benefited by such improvement and the balance of
such cost and expense shall be paid by the City.
SECTION 4. In accordance with the provisions of RCW 35.44.047,
the City may use any method or combination of methods to compute assessments
which may be deemed to more fairly reflect the special benefits to the properties
being assessed than the statutory method of assessing the properties.
SECTION 5. Local improvement district warrants may be issued in
payment of the cost and expense of the improvement herein ordered to be assessed,
such warrants to be paid out of the Local Improvement Fund, District No. 354,
hereinafter created and referred to as the Local Improvement Fund, and, until the
bonds referred to in this section are issued and delivered to the purchaser thereof, to
bear interest from the date thereof at a rate to be established hereafter by the City's
Finance Department Director, as issuing officer, and to be redeemed in cash and/or
by local improvement district bonds herein authorized to be issued, such interest-
bearing warrants to be hereafter referred to as "revenue warrants." In the
alternative, the City hereafter may provide by ordinance for the issuance of other
short-term obligations pursuant to chapter 39.50 RCW.
If the City shall authorize expenditures to be made for such
improvement (other than for any cost or expense expected to be borne by the City)
prior to the date that any short-term obligations or local improvement district bonds
are issued to finance the improvement, from proceeds of interfund loans or other
funds that are not, and are not reasonably expected to be, reserved, allocated on a
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Establish Formation of LID 354
long-term basis or otherwise set aside to pay the cost of the improvement herein
ordered to be assessed against the property specially benefited thereby, the City
declares its official intent that those expenditures, to the extent not reimbursed with
prepaid special benefit assessments, are to be reimbursed from proceeds of short-
term obligations or local improvement district bonds that are expected to be issued
for the improvement in a principal amount not exceeding $480,400.
The City is authorized to issue local improvement district bonds for
the District which shall bear interest at a rate and be payable on or before a date to
be hereafter fixed by ordinance. The bonds shall be issued in exchange for and/or
in redemption of any and all revenue warrants issued hereunder or other short-term
obligations hereafter authorized and not redeemed in cash within twenty days after
the expiration of the thirty -day period for the cash payment without interest of
assessments on the assessment roll for the District. The bonds shall be paid and
redeemed by the collection of special assessments to be levied and assessed against
the property within the District, payable in annual installments, with interest at a
rate to be hereafter fixed by ordinance under the mode of "payment by bonds," as
defined by law and the ordinances of the City. The exact form, amount, date,
interest rate and denominations of such bonds hereafter shall be fixed by ordinance
of the City Council. Such bonds shall be sold in such manner as the City Council
hereafter shall determine.
SECTION 6. For the purpose of paying all or a part of the costs of
carrying out the improvements within the District pending the receipt of the
proceeds of the issuance and sale of the bonds or short-term obligations referred to
in Section 5, interfund loans from the General Fund and/or Street Fund to the Local
Improvement Fund in the maximum aggregate amount of $480,400 are authorized
and approved, those loans to be repaid on or before the issuance of such bonds or
I libations from the proceeds thereof. Each of the interfund loans shall bear interest
at a variable rate, adjusted the 15`h and last day of each month, equal to the interest
rate of the State of Washington Local Government Investment Pool on the 15`h and
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Establish Formation of LID 354
last day of each month. The initial interest rate on the date of each interfund loan
shall be determined as of the last preceding interest payment adjustment date.
SECTION 7. In all cases where the work necessary to be done in
connection with the making of such improvement is carried out pursuant to contract
upon competitive bids (and the City shall have and reserves the right to reject any
and all bids), the call for bids shall include a statement that payment for such work
will be made in cash warrants drawn upon the Local Improvement Fund.
SECTION 8. The Local Improvement Fund for the District is
created and established in the office of the Finance Department Director of the City.
The proceeds from the sale of revenue warrants or other short-term obligations
drawn against the fund which may be issued and sold by the City and the
collections of special assessments, interest and penalties thereon shall be deposited
in the Local Improvement Fund. Cash warrants to the contractor or contractors in
payment for the work to be done by them in connection with the improvement and
cash warrants in payment for all other items of expense in connection with the
improvement shall be issued against the Local Improvement Fund.
SECTION 9. Within 15 days of the passage of this ordinance there
shall be filed with the Finance Department Director of the City the title of the
improvement and District number, a copy of the diagram or print showing the
boundaries of the District and the preliminary assessment roll or abstract of such
roll showing thereon the lots, tracts and parcels of land that will be specially
benefited thereby and the estimated cost and expense of such improvement to be
borne by each lot, tract or parcel of land. The Finance Department Director of the
City immediately shall post the proposed assessment roll upon her index of local
improvement assessments against the properties affected by the local improvement.
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Establish Formation of LID 354
SECTION 10. This ordinance shall take effect and be in force five (5)
days from and after passage and five (5) days following its publication as required
by law.
ATTEST:
BRENDA JACOBER, VTY CLERK
FOSTER PEPPER & SHEFELMAN PLLC
Special Counsel and Bond Counsel
PASSED: 16 day of 2001.
APPROVED: /6 day of 12001.
PUBLISHED:day of 2001.
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Establish Formation of LID 354
CERTIFICATION
I, the undersigned, City Clerk of the City of Kent, Washington (the "City"),
hereby certify as follows:
1. The attached copy of Ordinance No. 3560 (the "Ordinance") is a full,
true and correct copy of an ordinance duly passed at a regular meeting of the City
Council of the City held at the regular meeting place thereof on January 16, 2001,
as that ordinance appears on the minute book of the City; and the Ordinance will be
in full force and effect five days after the publication of its summary in the City's
official newspaper; and
2. A quorum of the members of the City Council was present throughout
the meeting and a majority of those members present voted in the proper manner for
the passage of the Ordinance.
IN WITNESS WHEREOF, I have hereunto set my hand this /7 day of
Qom, 2001.
(f / CITY OF KENT, WASHINGTON
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13RENDA JACO 61
CITY CLERK
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Establish Formation of LID 354
EXHIBIT "A"
DESCRIPTION OF IMPROVEMENTS
LID 354 - Washington Avenue HOV Lanes and Meeker Street Widening
Improvements (Hawley Road to James Street and 64th Avenue to Washington
Avenue) _
ROADWAY IMPROVEMENTS
The proposed project will improve Washington Avenue between Hawley Road (S. 251st
St.) and James Street and will improve Meeker Street between Washington Avenue and
64th Avenue South.
The project includes the following improvements on Washington Avenue:
1. High Occupancy Vehicle lane northbound between Willis and Meeker Street
2. High Occupancy Vehicle lane southbound between Smith and Willis Street
3. Concrete curbs, gutter and sidewalks
4.. Installation of street trees
5. Upgrade existing signals at Willis Street (SR -516) and Meeker Street
6. Right turn only lane northbound at Willis Street
7. New storm pump station and bioswale near Green River bridge
8. Upgrades to the existing illumination system
The following improvements will be included on Meeker Street:
1. Widen roadway to provide new general purpose travel lane eastbound and
westbound (5 lanes total)
2. Concrete curbs, gutter and 10 foot sidewalks
3. Upgrade and relocate existing signal at 64th Avenue South
4. Exclusive right -turn only lane from southbound 64th Avenue to westbound
Meeker Street
5. Upgrades to the existing illumination system
6. Landscaping
EXHIBIT `B'
Boundary Legal Description
LID #354
Washington Avenue HOV Lanes and Meeker Street Widening Improvements
(Hawley Road to James Street and 64'h Avenue to Washington Avenue)
LOT 1 BLOCK 7 KENTHURST ADD LESS ST AND LOT 9 BLOCK 7 KENTHURST ADD TGW
POR OF VAC ST ADJ AND ALSO THE NORTH 85 FT OF TRACT 24 EXC WEST 17 FT
CONVEYED TO CITY OF KENT BY DEED UNDER REC NO 9409141218 IN MEEKER'S
SUPPLEMENTAL PLAT OF FIRST ADDITION TO TOWN OF KENT AND ALSO THE NORTH 1/2
LESS ST OF FOLG-N 340 FT OF TRACT 24 LESS NORTH 85 FT THOF & LESS ANY POR
WITHIN SOUTH 71 FT OF SD TR LESS EAST 296 FT IN MEEKERS SUPL PLAT 1sT ADD TO
KENT AND ALSO THE SOUTH 1/2 OF TRACT 24 LESS NORTH 85 FT & LESS SOUTH 71 FT IN
MEEKERS SUPL PLAT 1sT ADD TO KENT AND ALSO THE NORTH 168.5 FT OF SOUTH 303
FT OF TRACT 23 IN MEEKERS SUPL PLAT 1sT ADD TO KENT AND ALSO THAT PORTION TR
16 S OF ELY PROD OF NORTH LN OF SOUTH 134.5 FT OF TR 23 & WLY OF ST HWY POR TR
17 LY WLY OF ST HWY ALL OF TR 20 TR 21 LESS W 80 FT OF S 133 FT & N 80 FT OF TR 22
& S 134.5 FT OF TR 23 ALL IN MEEKERS SUPL PLAT 1ST ADD TO KENT AND ALSO THE
WEST 80 FT OF SOUTH 133 FT OF TRACT 21 & SOUTH 133 FT OF TRACT 22 LESS ST HWY
ALL IN MEEKERS SUPL PLAT 1ST ADD TO KENT AND ALSO THE LOTS 1-2 & WEST 10 FT OF
3, BLOCK A, ALL IN MEEKERS SUPL PLAT 1ST ADD TO KENT AND ALSO THE NORTH 112 OF
LOTS 23 THRU 30, BLOCK A, MEEKERS SUPL PLAT 1ST ADD TO KENT AND ALSO THE
SOUTH 112 OF LOTS 23 THRU 30, BLOCK A, MEEKERS SUPL PLAT 1ST ADD TO KENT AND
ALSO PARCEL 1 OF KENT SHORT PLAT NO SP 78-36 RECORDING NO 7812190862 SD PLAT
DAF — FOR TR 43 MEEKERS SUPL PLAT 1ST ADD TO KENT AND ALSO POR OF LOT 43 DAF
— FOR LYWLY OFSTHWY 5-M& SLY OFALN798FTSOFNLNSID TR&N OF SR 516
LESS W 777.98 FT THOF IN MEEKERS SUPL PLAT 1ST ADD TO KENT AND ALSO LOT 2 OF
CITY OF KENT SHORT PLAT SP -83-7 REC NO 8409270783 SD PLAT DAF - FOR TR 43 IN
MEEKERS SUPL PLAT 1ST ADD TO KENT AND ALSO LOT 1 OF CITY OF KENT SHORT PLAT
SP -83-7 REC NO 8409270783 SD LOT DAF — FOR LOT 43 IN MEEKERS SUPL PLAT 1ST ADD
TO KENT AND ALSO LOT 3 OF CITY OF KENT SHORT PLAT SP -83-7 REC NO 8409270783 SD
SHORT PLAT DAF — POR LOT 43 IN MEEKERS SUPL PLAT 1ST ADD TO KENT AND ALSO
THE SOUTH 150 FT OF EAST 150 FT OF TRACT 28 LESS POR AWARDED TO CITY OF KENT
BY DECREE ENTERED 23 AUG 1989 IN KING CO SUP CT CAUSE NO 89-2-00067-9 IN
MEEKERS SUPL PLAT 1ST ADD TO KENT AND ALSO LOT 28 LESS SOUTH 150 FT OF EAST
150 FT & FOR OF 27 & 29 LY SOUTH OF WLY PROD OF S MGN OF SHINN ST LESS FOR OF
29 LY WEST OF LN BEG ON SOUTH LN 819.17 FT WEST OF SE COR TR 28 TH NORTH 00-20-
17 WEST TO NORTH LN THOF IN MEEKERS SUPL PLAT 1ST ADD TO KENT AND ALSO LOT 2
CITY OF KENT SP 81-11 REC #8204290391 SD SP DAF — SOUTH 220.37 FT OF TRACT 26 SD
SUBD LESS STREET IN MEEKERS SUPL PLAT 1ST ADD TO KENT AND ALSO LOTS 3 & 4
CITY OF KENT SHORT PLAT NO SP -81-11 RECORDING NO. 8204290391 BEING A PORTION
OF LOT 26 IN MEEKER'S SUPPLEMENTAL PLAT OF FIRST ADDITION TO TOWN OF KENT
AND ALSO LOT 1 CITY OF KENT SP 81-11 REC #8204290391 SD SP DAF — SOUTH 220.37 FT
OF TRACT 26 SD SUBD LESS ST IN MEEKERS SUPL PLAT 1ST ADD TO KENT AND ALSO
LOTS 1, 2 & 3 CITY OF KENT SHORT PLAT NO SP -89-12 (WASHINGTON AVENUE SHORT
PLAT) RECORDING NO 9004191530 BEING A SUBDIVISION OF TRACT 25 & 26 IN MEEKERS
SUPPLEMENTAL PLAT OF FIRST ADDITION TO TOWN OF KENT AND ALSO THE NORTH
161.70 FEET OF SOUTH 225.85 FEET OF TRACT 25 EXCEPT WEST 222.8 FEET OF NORTH
50.50 FEET IN MEEKERS SUPL PLAT 15T ADD TO KENT AND ALSO THAT PORTION LOT 3
CITY OF KENT SHORT PLAT NO SP -74-12 (SPEC 74-11) RECORDING NO 7501100471 DAF:
BEGIN AT SOUTHWEST CORNER SAID LOT 3 THENCE NORTH 89-37-13 EAST ALONG
SOUTH LINE THEREOF 164.07 FEET THENCE NORTH 00-22-47 WEST 124.00 FEET THENCE
SOUTH 89-37-13 WEST 160.43 FEET TO WEST LINE SAID LOT 3 THENCE SOUTH 01-18-11
WEST ALONG SAID WEST LINE 124.05 FEET TO POINT OF BEGINNING (AKA LOT 3 CITY OF
KENT LOT LINE ADJUSTMENT NO LL -86-8, RECORDING NO. 8608100973) EXCEPT PORTION
CONVEYED TO CITY OF KENT BY DEEDS UNDER REC NOS 9004252295 & 9004252296
BEING A PORTION LOT 29 IN SUPPLEMENTAL PLAT OF MEEKER'S FIRST ADDITION TO
TOWN OF KENT AND ALSO LOT 1 CITY OF KENT SHORT PLAT NO SP -95-15 (PARK COURT)
RECORDING NO 9511291035 BEING A PORTION OF TRACT 29 IN MEEKER'S FIRST
ADDITION TO KENT SUPPLEMENTAL PLAT AND ALSO LOT 2 CITY OF KENT SHORT PLAT
NO SP -95-15 (PARK COURT) RECORDING NO 9511291035 BEING A PORTION OF TRACT 29
IN MEEKER'S FIRST ADDITION TO KENT SUPPLEMENTAL PLAT AND ALSO THE EAST 15
FEET OF LOT 38 TGW 39 LESS POR DAF — BEG NE COR SD LOT 39 THENCE WEST 150
FEET THENCE SOUTH 109 FEET THENCE EAST 104 FEET THENCE SELY TO PT ON EAST
LN SD LOT 39 DIST 132 FEET SOUTH OF NORTHEAST COR LESS ST IN MEEKERS SUPL
PLAT 1ST ADD TO KENT AND ALSO THAT POR SD LOT DAF = BEG NE COR SD LOT THENCE
WEST 150 FEET THENCE SOUTH 109 FEET THENCE EAST 104 FEET THENCE SELY TO PT
ON EAST LN SE LOT 39 DIST 132 FEET SOUTH OF NORTHEAST COR THEREOF THENCE
NORTH TO BEG LESS STREET IN LOT 39 IN MEEKERS SUPL PLAT 1ST ADD TO KENT AND
ALSO THE EAST 112 LOT 37 LESS WEST 10 FEET AND LESS NORTH 10 FEET FOR ST TGW
LOT 38 LESS EAST 15 FEET AND LESS NORTH 10 FEET FOR ST IN MEEKERS SUPL PLAT
1sT ADD TO KENT AND ALSO THAT PORTION OF LOT 37 DESCRIBED AS FOLLOWS: THE
WEST 1l2 TGW WEST 10 FEET OF EAST 112 LESS STREET HWY ALL IN MEEKERS SUPL
PLAT 1ST ADD TO KENT AND ALSO THE EAST 90 FEET OF LOT 36 IN MEEKERS SUPL PLAT
1ST ADD TO KENT AND ALSO THE WEST 60 FEET OF LOT 36 IN MEEKERS SUPL PLAT 1sT
ADD TO KENT AND ALSO A PORTION OF LOT 35 IN MEEKER'S SUPPLEMENTAL PLAT
FIRST ADDITION TO TOWN OF KENT DAF: BEGINNING AT NORTHEAST CORNER OF
TRACT DESCRIBED IN EXHIBIT 'A' IN INSTRUMENT UNDER RECORDING NO. 9609091262
SAID POINT BEING A POINT ON NORTH LINE OF SAID LOT 35 THENCE ALONG ELY LINE OF
SAID TRACT FOLLOWING TWO COURSES: SOUTH 00-38-23 WEST 80.05 FEET THENCE
SOUTH 04-47-31 WEST 175.90 FEET TO POINT ON SOUTH LINE OF SAID LOT 35 THENCE
NORTH 89-38-02 EAST ALONG SAID SOUTH LINE 95.30 FEET TO SOUTHEAST CORNER OF
SAID LOT 35 THENCE NORTH 00-37-37 EAST ALONG EAST LINE THEREOF 255.34 FEET TO
NORTHEAST CORNER OF SAID LOT 35 THENCE SOUTH 89-3440 WEST ALONG NORTH
LINE THEREOF 82.51 FEET TO POINT OF BEGINNING (AKA REVISED PARCEL 'A' AS
DESCRIBED AND DELINEATED PER CITY OF KENT LOT LINE ADJUSTMENT NO LL -96-31
RECORDING NO. 9612161402) AND ALSO THE EAST 71.20 FEET OF LOT 31 & ALL OF LOTS
32, 33, 34 & 35 IN MEEKER'S SUPPLEMENTAL PLAT FIRST ADDITION TO TOWN OF KENT;
TGW PORTION PARCEL 1 CITY OF KENT SHORT PLAT NO SP -76-13 RECORDING NO
7701130512 LYING NLY OF FOLLOWING DESCRIBED LINE: COMMENCING AT NE CORNER
SAID PARCEL 1 THENCE SOUTH 00-40-32 WEST ALONG EAST LINE THEREOF 354.82 FEET
TO TRUE POINT OF BEGINNING THENCE NORTH 89-21-55 WEST 519.00 FEET THENCE,
NORTH 02-10-03 EAST 58.31 FEET THENCE NORTH 88-02-35 WEST 229.97 FEET TO EAST
MARGIN OF 64TH AVENUE SOUTH & TERMINUS OF LINE; EXCEPT PORTION SAID PARCEL 1
& SAID LOT 35 DAF: BEGINNING AT NORTHEAST CORNER OF SAID PARCEL 1 CITY OF
KENT SHORT PLAT NO SP-76-13 THENCE SOUTH 00-40-31 WEST ALONG EAST LINE
THEREOF 354.82 FEET THENCE NORTH 89-21-55 WEST 29.08 FEET THENCE NORTH 00-37-
26 EAST 354.31 FEET TO SOUTH LINE OF LOT 34 SUPPLEMENTAL PLAT OF MEEKER'S
FIRST ADDITION TO TOWN OF KENTS THENCE NORTH 89-38-02 EAST ALONG SAID SOUTH
LINE 2.81 FEET TO SOUTHEAST CORNER THEREOF THENCE NORTH 00-37-31 EAST
ALONG EAST LINE THEREOF 34.46 FEET THENCE LEAVING SAID EAST LINE NORTH 04-52-
45 EAST 141.98 FEET THENCE NORTH 00-36-39 EAST 79.33 FEET TO NORTH LINE OF LOT
35 OF SAID PLAT THENCE NORTH 89-34-40 EAST ALONG SAID NORTH LINE 139.49 FEET
TO EAST LINE OF SAID LOT 35 THENCE SOUTH 00-37-37 WEST ALONG SAID EAST LINE
255.34 FEET TO SOUTH LINE OF SAID LOT 35 THENCE SOUTH 89-38-02 WEST ALONG SAID
SOUTH LINE 123.40 FEET TO NORTHEAST CORNER OF SAID PARCEL 1 & TRUE POINT OF
BEGINNING (AKA REVISED PARCEL 'B' AS DESCRIBED & DELINEATED PER CITY OF KENT
LOT LINE ADJUSTMENT NO LL-96-31 RECORDING NO 9612161402) EXCEPT PORTION
THEREOF CONVEYED TO CITY OF KENT BY DEED UNDER RECORDING NO 9706091555
DAF: BEGINNING AT NORTHWEST CORNER OF SAID REVISED PARCEL 'B' THENCE
NORTH 89-34-40 EAST ALONG NORTH LINE THEREOF 531.75 FEET TO NORTHEST
CORNER OF SAID REVISED PARCEL 'B' THENCE SOUTH 00-36-39 WEST ALONG EAST LINE
THEREOF 14 FEET THENCE SOUTH 89-34-40 WEST 531.76 FEET TO WEST LINE OF SAID
REVISED PARCEL 'B' THENCE NORTH 00-37-17 EAST ALONG WEST LINE THEREOF 14
FEET TO TRUE POINT OF BEGINNING AND ALSO THE NORTH 250 FEET OF FOLG LOTS 30
LESS WEST 30 FEET & 31 LESS EAST 71.2 FEET LESS ST ALL IN MEEKERS SUPL PLAT 1ST
ADD TO KENT
END OF DESCRIPTION