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HomeMy WebLinkAbout3502ORDINANCE NO. 35Oa, AN ORDINANCE of the City Council of the City of Kent, Washington, relating to the vacation of a portion of 272nd Street, a dedicated opened street lying generally west of that street's intersection with Kent-Kangley Road and 132nd Avenue S.E. WHEREAS, on or about June 28, 1999, a petition was filed with the City of Kent by various owners of property abutting the applicable portion of 272nd Street, an existing public street, lying generally west of that street's intersection with Kent-Kangley Road and 132"d Avenue S.E., in the City of Kent, King County, Washington; and WHEREAS, the Kent Planning Director processed this petition and secured technical facts pertinent to the question of this vacation along with a recommendation as to approval or rejection by the Public Works Department; and WHEREAS, the Kent City Council fixed a time for a public hearing on the petition and the hearing was held with proper notice on September 7, 1999, at 7:00 p.m. in the City Council Chambers of the Kent City Hall; and WHEREAS, the Planning Director recommended that the City Council approve the petition upon the petitioner's fulfillment of the conditions recommended by staff; and 272"d Street Vacation WHEREAS, after the public hearing on September 7, 1999, the City Council approved the vacation so long as the petitioner first fulfilled all the conditions recommended by staff and approved by Council; and WHEREAS, the petitioner has now fulfilled all of the conditions imposed by Council; and WHEREAS, the City Council finds that the street sought to be vacated is: (1) an open, dedicated street and presently being used as a street; (2) not abutting on a body of water and, therefore, not suitable for acquisition for port purposes, boat moorage or launching sites, park, viewpoint, recreational or education purposes, or other public use; and (3) a vacation which is in the public interest; and WHEREAS, the City Council has directed the preparation of an vacating the portion of said street; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: herein. SECTION 1. The foregoing recitals are incorporated as if fully set forth SECTION 2. That portion of 272nd Street lying generally west of street's intersection with Kent-Kangley Road and 132nd Ave. S.E. in the City of Kent a described in Exhibit "A" is hereby vacated subject to the retention of a utility easemen over, upon and under the property described in Exhibit "A" and subject to retention of thi City's right to grant utility easements to other public and/or private utility companies. Further, the use of the word "utility" is intended to be expansive, not restrictive, an( would, for example, include such private operations as telecommunications, cable TV, dat; 2 272"d Street Vacation G O O transmission and fiber optic services, as well as electricity, electronic and natural gas utility services. ordinance. SECTION 3. No vested rights shall be affected by the provisions of this SECTION 4. — Severability. If any one or more section, subsections, or sentences of this Ordinance are 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. SECTION 5. — E%fective Date. This ordinance shall take effect and be force thirty (30) days from and after its passage as provided by law. "- Z�&& J WHITE, MAYOR ATTEST: APPROVED AS TO FORM: LUBOVICH, CITY ATTORNEY 272"d Street Vacation PASSED: % day of '2000 APPROVED: / day of '2000. PUBLISHED: day of '2000. I hereby certify that this is a true copy of Ordinance No. J O;Z by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. P.\Civ➢\Ordi ce@72ndaa Vwaion.doc '/ WAS BRENDA� JACC��, CITY CLERK 4 272"d Street Vacation EXHIBIT A Those portions of Section 28 and 33 in Township 22 North, Range 5 East, W.M. described as follows: Beginning at a point on the West line of the East 725.00 feet and the South line of the North 30.00 feet of said Section 33 being the True Point of Beginning of property herein described; Thence North a distance of 60.00 feet; Thence East parallel with said section lines a distance of 328.35 feet more or less to a point on westerly public right-of-way line; Thence northerly along said westerly public right-of-way line a distance of 32.64 feet to a point of the southerly right-of-way line of Kent Kangley Highway; Thence South 45° 00' 00" East a distance of 125.00 feet more or less to a point on the South right-of-way line of Southeast 272"a Street; Thence West along said so right-of-way line a distance of 417.00 feet more or less to the True Point of Beginning. EXCEPT the South 20.00 feet of the west 20.00 feet thereof. n an 0 0 0 0 Cv N m 0 Return Address: Atm: City Clerk co. City of Kent © 220 Fourth Ave. S. o Kent. WA 98032 0 0 N. N cn WASHINGTON STATE COUNTY AUDITOR/RECORDER'S COVER SHEET 0 o, Document Title: City of Kent Ordinance No. 3502, Relating to Vacation of Streets a� Reference Number(s): N/A Grantor(s): City of Kent, a Washington municipal corporation Grantee(s): J.G. Highlands, LLC Legal Description: Portions of Sec. 28 and 33, T22N. RSE, W.M. Assessor's Property Tax Parcel/Account Number(s): 282205-9042-08; 282205-9170-02; 332205-9135-09; 33205-9112-06; and 332205-9124-02