HomeMy WebLinkAbout3492ORDINANCE NO.3 9.&
AN ORDINANCE of the City Council of the City of
Kent, Washington, providing for the acquisition of certain
property and/or property rights in order to construct, extend,
widen, improve, alter, maintain and reconstruct Southeast
256th Street from its intersection at 116th Avenue Southeast
to approximately 135th Avenue Southeast, including
intersection work; providing for the condemnation,
appropriation, taking and damaging of such property rights
as are necessary for that purpose; providing for the payment
thereof out of the 256th Street Project Fund (Fund R -77-E23-
5510); and directing the City Attorney to prosecute the
appropriate legal proceedings, together with the authority to
enter into settlements, stipulations or other agreements; all
of said properties located within King County, Washington.
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. After receiving the report of City staff, and after reviewing
the planned improvements for the Southeast 256th Street Project (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 all or portions of
certain real properties located in King County, Washington, in order to acquire the
necessary property and/or property rights for the construction of the Project, including alli
necessary appurtenances. These properties are legally described in Exhibit A, attached and
incorporated by this reference (the "Properties"). The purposes for which this
condemnation is authorized shall include, without limitation, all acts necessary to complete
1 25e Street Condemnation
the construction, extension, improvement, widening, alteration, maintenance and
reconstruction of the Project, including improvements for drainage, curbs and gutters,
sidewalks, bicycle paths, landscaping, illumination, signal improvements, electrical
facilities, utilities, utility adjustments and relocations, and any other street or municipal
purposes that may become necessary from time to time on the Properties.
SECTION 2. The City authorizes the acquisition by condemnation of
or a portion of the Properties for the construction, extension, improvement, widening,
alteration, maintenance and reconstruction of the Project, including acquisition of property
and/or property rights, together with all necessary appurtenances and related work to make
a complete improvement according to City standards.
SECTION 3. The City shall condemn the Properties only after just
compensation has first been made or paid into court for the owner or owners in the
prescribed by law.
SECTION 4. The City shall pay for the entire cost of the acquisition
condemnation provided for in this ordinance through the City's "256th Street Project" fund
(Fund R -77-E23-5510) or from any of the City's general funds, if necessary, as may be
provided by law.
SECTION 5. The City authorizes and directs the City Attorney to
commence those proceedings provided by law that are necessary to condemn the Properties.
In commencing this condemnation procedure, the City Council authorizes the City Attorney
to enter into settlements, stipulations, or agreements in order to minimize damages, which
settlements, stipulations, or agreements may include, but not be 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.
2 256th Street Condemnation
SECTION 6. Any acts consistent with the authority and prior to the
effective date of this ordinance are ratified and confirmed.
SECTION 7. The provisions of this ordinance are declared to be separate'
and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or
portion of this ordinance, or the invalidity of the application thereof to any person or
circumstances shall not affect the validity of the remainder of this ordinance, or the validity
of its application to other persons or circumstances.
SECTION 8. This ordinance, being the exercise of a power specifically
delegated to the City legislative body, is not subject to referendum, and shall take effect
and be in force five (5) days after publication as approved by law.
ATTEST:
JAC
AS TO FORM:
CLERK
A. LUBOVICH, CITY A
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3 256`x` Street Condemnation
PASSED the //- day of , 1999.
APPROVED the / % day of /'7 , 1999.
PUBLISHED the � % day of Xt-'/ , 1999.
I hereby certify that this is a true and correct copy of Ordinance No.----' Y7-;'-
passed
y°`passed by the City Council of the City of Kent, Washington, and approved by the Mayor
of the City of Kent as hereon indicated.
102799.doc
BRENDA JAC ER CITY CLERK
4 256th Street Condemnation
No. 369066 — z
Lot 27, Kent Highlands, according to the plat thereof recorded in
volume 78 of Plats, page 19, in King County, Washington.
c
No. 369071—'l sj
PARCEL A:
The west 264 feet of the south half of the southeast quarter of the
southeast quarter of the southwest quarter of Section 21,
Township 22 North, Range 5 East, W.M., in King County,' Washington;
EXCEPT the south 180 feet of the east 244 feet thereof;.
AND EXCEPT road.
PARCEL B:
The south 180 feet of the ea'st 244 feet of the west 264 feet of the
southeast quarter of the southeast quarter of the southwest quarter
of Section 21, Township 22 North, Range 5 East, W.M., in King
County, Washington;
EXCEPT S.E. 256th Street.
No. 369074 — I()
The east 264.00 feet of the south half of the southeast quarter of
the southeast quarter of the southwest quarter in Section 21,
Township 22 North, Range 5 East, W.M., in King County, Washington;
EXCEPT 124th Avenue Southeast;
AND EXCEPT Southeast 256th Street.
No. 369077 — 13
Beginning at a point 30 feet north and 15 feet west of the southeast
corner of the southwest quarter of the southeast quarter,of
Section 21, Township 22 North, Range 5 East, W.M., in King County,
Washington;
thence west along the north marginal line of the County Road, a
distance of 208.7 feet;
thence north 178.7 feet;
thence east 208.7 feet;
thence south 178.7 feet to the point of beginning.
No. 370913 — 17A
The south 250 feet of the west 360 feet of the southwest quarter of
the southwest quarter of Section 22, Township 22 North, Range 5
East, W.M., in King County, Washington;
EXCEPT the east 125 feet thereof;
AND EXCEPT those portions thereof conveyed to King County for road
purposes by Deeds recorded under Recording Numbers 2.677705, 4374834
and 8704160434.
No. 369082 — 18
The east 140 feet of the east half of the northeast quarter of the
northeast quarter of the northeast quarter of Section 28,
Township 22 North, Range 5 East, W.M., in King County, Washington;
EXCEPT the south 244 feet thereof;
AND EXCEPT the north 30 feet thereof as conveyed to King County for
road;
AND EXCEPT the east 30 feet thereof as conveyed to'King County for
road;
AND EXCEPT that portion thereof condemned in King County Superior
Court Cause No. 87-2-19171-1.
No. 369088 — 2 4
That portion of the northwest quarter of the northeast quarter of
Section 28, Township 22 North, Range 5 East, W.M., in King County,
Washington, described as follows:
Commencing at the northwest corner of said subdivision;
thence north 83054'37" east along the north line of said subdivision
885.01 feet to the TRUE POINT OF BEGINNING;
thence south 1002'19" east 234 feet;
thence south 88054137" west 225 feet to the west line of the east
half of the northwest quarter of the northeast quarter of said
Section 28;
thence north along said west line a distance of 234 feet;
thence east to the TRUE POINT OF BEGINNING;
EXCEPT the north 30 feet thereof conveyed to King County for road
purposes by deed recorded under King County Recording Number 2675544;
AND EXCEPT the south 96 feet thereof.
No. 369089 — P-5
The north half of the northwest quarter of the northwest quarter of
the northeast quarter of Section 28, Township 22 North, Range 5
East, W.M., in King County, Washington;
EXCEPT the north 30.00 feet thereof conveyed to King County for
Kent -Black Diamond -Middle_ Road by deed .recorded under Recording
Number 2675544.
No. 369090 -- ZG
The north half of the northeast quarter of the northeast quarter cf
the northwest quarter of Section 28, Township 22.,North, Range 5
East, W.M., in King County, Washington;
EXCEPT that portion thereof conveyed to King
Diamond Middle Road (Southeast 256th Street)
Recording Number 2675539;
AND EXCEPT that portion thereof lying east of
124th Avenue Southeast as established by deed
Recording Number 5303693.
County for Kent -Black
by deed recorded under
the west margin of
recorded under
F. 3 Of
No. 369092 —28
The north 115 feet of the east 135 feet of the west 330 feet of the
west half of the northeast quarter of the northwest quarter of the
northwest quarter of Section 28, Township 22 north, Range 5 East,
W.M., in King County, Washington;
EXCEPT the north 30 feet thereof lying within Southeast 256th Street;
TOGETHER WITH road way easement on the east 60 feet of the west 195
feet of the north 200 feet of the, west half of the northeast quarter
of the northwest quarter of said section;
EXCEPT the north 30 feet•thereof lying within Southeast 256th Street.
No. 369097 — 33
The north 115 feet of the west 135 feet of the west half•of the
northeast quarter of the northwest quarter of Section 28, Township
22 North, Range 5 East, W.M.;
EXCEPT the north 30 feet for road;
TOGETHER WITH an easement for road and maintenance of existing water
main over the east 60 feet of the west 195 feet of the north 200
feet of the west half of the northeast quarter of the northwest
quarter of Section 28, Township 22 North, Range 5 East, W.M.;
EXCEPT the north 30 feet for road.
No. 369098-34
The east 180 feet of the north 405 feet of the east half of the
northwest quarter of the northwest quarter of Section 28, Township
22 North, Range 5 East, W.M., in King County, Washington;.
EXCEPT the north 30 feet thereof conveyed to King County for road
purposes by deed recorded under Recording Number 2677704.
No. 370500- 361
�� I
Lot 10� Sunset Manor, according to the plat thereof recorded in
Volume 72 of Plats, page 93, in King County, Washington.
No. 370501 —37
Lot 2, Olympic Estates, according to the plat thereof recorded in
Volume 118 of Plats, page 24, in King County, Washington. .
No. 370503 — 33
The following Apartment of the named condominium intended only for
the stated use, according to Survey Map and Set of Plans recorded as
noted, and according to the Condominium Declaration recorded as
noted, TOGETHER WITH the stated percentage of undivided interest in
the Common Areas and Facilities appertaining to said Apartment,
including but not necessarily limited to, the exclusive use of
specific Limited Common Areas stated below, if any, the general
locations of which are shown in the Survey Map and Plans, but the
exact dimensions of which may not be defined:
CONDOMINIUM: Olympic Estates
USE: Residential
VOLUME: 58 of Condominiums
PAGE(S): 35 and 36
SURVEY MAP AND PLANS
RECORDING NUMBER(S): 8201270335
DECLARATION RECORDING
NUMBER(S): 8201270336
AMENDED DECLARATION
RECORDING NUMBER(S): 9603040913
RECORDS OF: King County, Washington
UNIT NUMBER: 16A
Ebel I B ITS -
F. s k LP
That portion of Lot 2, City of Kent Short Plat No. SPC -77-14 as recorded under King County
Recording No. 7708090530, being a portion of the northeast quarter of the northeast quarter of
Section 29, Township 22 North, Range 5 East, W.M., King County Washington, described as
follows:
Beginning at the northeast corner of said Lot 2; thence South 02 ° 11' 24" West, along the east
line thereof, 30.00 feet; thence North 86° 49' 30" West, parallel with the north line of said lot a
distance of 430.88 feet; thence South 01 ° 34' 28" West 86.00 feet; thence North 88° 25' 32"
West 60.00 feet; thence South 020 30' 30" West 145.00 feet; thence South 86° 53' 00" East
20.00 feet; thence South 031 07' 00" West 57.39 feet, more or less, to the south line of said Lot
2; thence North 861 49' 30" West, along said south line 154.18 feet, more or less, to the
southwest corner of said Lot 2; thence North 01 ° 49' 45" East, along the west line thereof,
320.09 feet to the northwest corner of said Lot 2; thence South 860 49' 30" East, along the north
line thereof, 627.89 feet to the Point of Beginning.
ETH I B IT
P ' LP OF
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