Loading...
HomeMy WebLinkAbout3445NOTICE OF SETTLEMENT Ord. 3445, EXHIBITS B. C, L, & N Pursuant to the authority given the City Attorney under Section 5 of City of Kent Ordinance No. 3445, the City has settled all eminent domain claims established under that ordinance as to the following properties: Exhibit # Tax Parcel # Owner B 282205-9081 McKelvey C 282205-9080 Cossio D 282205-9047 Christopher J 080780-0060 Olmstead K 080780-0070 Walker L 080800-0010 Young N 282205-9001 Housing Authority of King County Accordingly, Ordinance No. 3445 does not apply to or in any way encumber these properties. OFFICE OF THE CITY ATTORNEY cvvt !??U fie. By: Tom Brubaker Title: Deputy City Attorney Date: August 3, 1999 STATE OF WASHINGTON ) ) ss. County of King ) I certify that I know or have satisfactory evidence that Tom Brubaker is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he4he was authorized to execute the instrument, and acknowledged it as the Deputy City Attorney of the City of Kent to be the free and voluntary act of the City of Kent for the uses and purposes mentioned in the instrument. DATED: Augi P:\Civil\Ordinance\condemn.rel.doc N ARY PUBLIC in and for the State of Washington, residing at My commission expires 19991012000147 PACE 002 OF 019 ING2COUNTYB9 KWA KENT CITY OF NISC 26.00 ORDINANCE NO. 3 `i I{S AN ORDINANCE of the City of Kent, Washington, providing for the acquisition of a certain property and/or property rights in order to construct, extend, widen, improve, alter, maintain and reconstruct the City's East Hill Sewer Interceptor in area lying generally south of Kent-Kangley Road (SR 516) and east of 116" Avenue SE; providing for the condemnation, appropriation, taking and damaging of such property rights as are necessary for any and all public sewer system purposes; providing for the payment thereof out of the East Hill Sewer Interceptor Fund (Fund D-40); 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, ORDAINS AS FOLLOWS: SECT/ON 1. After hearing the report of City staff, and after reviewing the planned improvements for the East Hill Sewer Interceptor 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 all necessary appurtenances. These properties are legally described in Exhibits A - N , attached and incorporated by this reference (the "Properties"). The purposes for which 1 � AGE 003 0019 000147 KENT CITY OF MISC 26.00 KING COUNTY, WR this condemnation is authorized shall include, without limitation, all acts necessary to complete the construction, extension, improvement, widening, alteration, maintenance and reconstruction of the Project. SECTION2. The City authorizes the acquisition by condemnation of all or a part 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 manner prescribed by law. SECTION 4. The City shall pay for the entire cost of the acquisition by condemnation provided for in this ordinance through the City's "East Hill Sewer Interceptor" project fund (Fund D-40) or from any of the City's general funds, 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 properties condemned, and the acquisition of temporary construction easements and other property interests. 19991012000147 PAGE 004 OF 019 10/12/1999 09:40 26.00 KING COUNTY, NA SECTION 6. Any acts consistent with the authority and prior to the effective date of this ordinance are ratified and confirmed. SECTION Z 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 publicatior ATTEST: BRENDA JACO$-I, CITY CLERK APPROVED AS TO FORM: R0 4 -R A. LU OVICH, CITY NEY PASSED the _�. day of , 1999. APPROVED the J day of', 1999. PUBLISHED the /�J of )MA44A-, 1999. ire c'ut�iy that this is a true and correct copy of Ordinance No. 5 Itouncil of the City of Kent, Washington, and approved by ft. the Mayor 4 tas hereon indicated. . S••• �OJ t ••. w C— ABRENDA JAC R, CITY CLERK P \0viMrdhance\condemn EastHiu Sewer doe 3 111111111111111 AGE 00 89OF 0008147 KENT CITY OF M1SC 26.00 KING COUNTY, WR Order No. 325103 — A.L.T.A. COMMITMENT SCHEDULE A Page 2 The land referred to in this commitment is situated in the county of King, state of Washington, and described as follows: The west 132 feet of the east 264 feet of the southeast quarter of the northwest quarter of the southwest quarter of Section 28, Township 22 North, Range 5 East, W.M., in King County, Washington; EXCEPT the south 40 feet for roads. END OF SCHEDULE A 19991012000147 19 006 OF 019 10/12/1999 09:40 KENT CITY OF MISC 26.00 KING COUNTY, WA Order No. 325104 — Z— A.L.T.A. COMMITMENT SCHEDULE A Page 2 The land referred to in this commitment is situated in the county of King, state of Washington, and described as follows: The east 132 feet of the southeast quarter of the northwest quarter of the southwest quarter, Section 28, Township 22 North, Range 5 East, W.M., in King County, Washington; EXCEPT the south 40 feet thereof conveyed to King County, Washington for road purposes by deed recorded under Recording Number 3287470. END OF SCHEDULE A E IBIT 26.00 19991012000147 PACE 007 OF 019 10/12/1999 09:40 KING COUNTY, WA order No. 325106— `f - A.L.T.A. COMMITMENT SCHEDULE A Page 2 The land referred to in this commitment is situated in the county of King, state of Washington, and described as follows: The north 356 feet of the south Soo feet of the west half of the west half of the northeast quarter of the southwest quarter of Section 28, Township 22 North, Range 5 East, W.M., in King County, Washington; EXCEPT the west 186 feet thereof; TOGETHER WTIH an easement for ingress, egress, and utilities over the east 20 feet of that portion of said west half of the west half lying southerly of the right of way of the Kent -Black Diamond Highway and lying northerly of the north 325 feet of the south 500 feet of the west half of the west half of the northeast quarter of the southwest quarter of Section 28, Township 22 North, Range 5 East, W.M., in King County, Washington; EXCEPT the west 186 feet thereof. (ALSO KNOWN AS Lot B of King County Lot Line Adjustment No. 8605014, approved May 28, 1986.) END OF SCHEDULE A L;: B1T C 19991012000147 Iili illifillillPAGE 008 OF 019 KING COUNTY, 09:40 KENT CITY OF MISC 26.00 Order No. 325108^ (, ;� / A.L.T.A. COMMITMENT SCHEDULE A Page 2 The land referred to in this commitment is situated in the county of King, state of Washington, and described as follows: The west half of the east half of the northwest quarter of the southeast quarter of the southwest quarter, Section 28, Townshiv 22 North, Range 5 East, W.M., in King County, Washington; EXCEPT the south 30 feet conveyed to King County for Southeast 270th Street by Deeds recorded under Recording Numbers 3181069 and 5466694. R 1u D The east half of the east half of the northwest quarter of the southeast quarter of the southwest quarter, Section 28, Township 22 North, Range 5 East, W.M., in King County, Washington; EXCEPT the south 30 feet conveyed to King County for Southeast 270th Street by Deeds recorded under Recording Numbers 3181069 and 5466694. END OF SCHEDULE A EXHIBIT ►) -1 19991012000147 PAGE 009 OF 019 10/12/1999 09'40 KING COUNTY, WA KENT CITY OF MISC 26.00 Order No. 32511-16 A.L.T.A. COMMITMENT SCHEDULE A Page 2 The land referred to in this commitment is situated in the county of King, state of Washington, and described as follows: The east one-half of the west one-half of the northeast quarter of the southeast quarter of the southwest quarter of Section 28, Township 22 North, Range 5 East, W.M., in King County, Washington; EXCEPT the south 30 feet conveyed for Southeast 270th Street by Quit Claim Deed recorded under Recording Number 5466696. END OF SCHEDULE A L;HIBIT KENT CITY OF MISC 26.00 19991012000147 PAGE 010 OF 019 10/12/1999 09:40 KING COUNTY, WA Order No. 325113 — .Q.ce,,j ' A.L.T.A. COMMITMENT SCHEDULE A Page 2 The land referred to in this commitment is situated in the county of King, state of Washington, and described as follows: The west half of the west half of the east half of the northeast quarter of the southeast quarter of the southwest quarter of Section 28, Township 22 North, Range 5 East, W.M., in King County, Washington; EXCEPT the south 30 feet thereof conveyed to King County for Southeast 270th Street by deed recorded under Recording Number 5466697. END OF SCHEDULE A 19991012000147 PACE 011 OF 019 10/12/1999 09:40 KING COUNTY, WA KENT CITY OF MISC 26.00 Order No. 325114 —IZ— A.L.T.A. COMMITMENT SCHEDULE A Page 2 The land referred to in this commitment is situated in the county of King, state of Washington, and described as follows: East half of the west half of the east half of the northeast quarter of southeast quarter of the southwest quarter of Section 28, Township 22 North, Range 5 East, W.M., in King County, Washington; EXCEPT the south 200 feet thereof. END OF SCHEDULE A EXHIBIT 1GE01012000147 �ilillill PAGE 012 OF 019 10/121999 09:40 KENT CITY OF NISC 26.00 KING COUNTY, WA Order No. 325115 —l3 A.L.T.A. COMMITMENT SCHEDULE A Page 2 The land referred to in this commitment is situated in the county of King, state of Washington, and described as follows: East half of the east half of the northeast quarter of the southeast quarter of the southwest quarter of Section 28, Township 22 North, Range 5 East, W.M., in King County, Washington; EXCEPT the south 30 feet thereof conveyed to King County for road by Deed recorded under Recording Numbers 3181074 and 5466698; AND EXCEPT the east 30 feet thereof. END OF SCHEDULE A EXHIBIT KENT CITY OF NISC 26.00 19991012000147 PAGE 013 OF 019 10/12/1999 09:40 KING COUNTY, WA Order No. 325119-17 A.L.T.A.'COMMITMENT SCHEDULE A Page 2 The land referred to in this commitment is situated in the county of King, state of Washington, and described as follows: Lot 5, Big "K" Addition to King County, according to the plat thereof recorded in Volume 67 of Plats, page 66, in King County, Washington. END OF SCHEDULE A ' __.A4 EXHIBIT l INS KENT CITY OF MISC 26.00 19991012000147 PAGE 014 OF 019 10i12�1999 09:40 KING COUNTY, 14A %,A, A.L.T.A. COMMITMENT SCHEDULE A Page 2 order No. 325120-/g The land referred to in this commitment is situated in the county of King, state of Washington, and described as follows: Lot 6, Big "K" Addition to King County, according to the plat thereof recorded in Volume 67 of Plats, page 66, in King County, Washington. END OF SCHEDULE A LXHIBIT ....m_ ... C I_.... KEMT CITY OF MISC 26.00 19991012000147 PAGE 015 OF 019 10/12/1999 09'.40 KING COUNTY, WA 1 Order No. 325121-19 A.L.T.A. COMMITMENT SCHEDULE A Page 2 The land referred to in this commitment is situated in the county of King, state of Washington, and described as follows: Lot 7, Big "K" Addition to King County, according to the plat thereof recorded in Volume 67 of Plats, page 66, in King County, Washington. END OF SCHEDULE A 11 EXHIBIT K-.' vpC 26.00 19991012000147 naz: 016 OF 014 9 9 Y,%r GOuNTY, NA Order No. 325122-20 A.L.T.A. COMMITMENT SCHEDULE A Page 2 The land referred to in this commitm6ht is situated in the county of King, state of Washington, and described as follows: Lot 1, Big "K" Addition Number 2, according to the plat thereof recorded in Volume 78 of Plats, page 16, in King County, Washington. END OF SCHEDULE A EXHIBIT _. 19991012000147 PAGE 017 OF 019 10/12/1999 0940 KING COUNTY, NA KENT CITY OF MISC 26.00 32-s1z,9-z 7 Beginning at the southeast corner of Section 28, Township 22 North, Range 5 East, W.M., in King County, Washington; thence north 88052'41" west on the south line of said Section 28, a distance of 790 feet to the TRUE POINT OF BEGINNING; thence continuing along said southerly line north 88052'41" west 530.15 feet to the southwest corner of the southeast quarter c= the southeast quarter of said Section; thence north 1009'25" east on the west line of said southeast: quarter of the southeast quarter, 80.67 feet; thence north 79°37'44", east 250 feet, more or less, to intersect with the west line of the county road; thence in southeasterly direction along said. westerly line on a curve to the left to the TRUE POINT OF BEGINNING. HIBIT ' 19991012900147 PACE 018 OF 019 10/12/1999 09:40 KING COUNTY, NA KENT CITY OF MISC 26.00 Order No. 325130 — Z C5 A.L.T.A. COMMITMENT SCHEDULE A Page 2 The land referred to in this commitment is situated in the county of King, state of Washington, and described as follows: The northeast quarter of the northeast quarter of Section 33, Township 22 North, Range 5 East, W.M., in King County, Washington; EXCEPT the north 750 feet of the east 725 feet; AND EXCEPT the north 30 feet thereof conveyed to King County by Deed recorded under Recording Number 2625211; AND EXCEPT the east 50 feet thereof conveyed to King County by Deed recorded under Recording Number 6344630. END OF SCHEDULE A EXHIBIT N---"," KENT CITY OF NISC 26.00 19991012000147 PACE 019 OF 019 10/12/1999 09:40 KING COUNTY, WA Return Address: Attn: City Clerk City of Kent 220 Fourth Ave. S. Kent, WA 98032 KENT CITY OF MISC 26.00 19991012000147 PAGE 001 OF 019 10/12/1999 09:40 KING COUNTY, WA WASHINGTON STATE COUNTY AUDITOR/RECORDER'S COVER SHEET Document Title: City of Kent Ordinance No. 3445 and Notice of Settlement Reference Number(s): N/A Grantor(s): Last, First, Middle Initial 1. Hamilton C. and Joyce B. McKelvey 2. Raymond K. and Veronica O. McCaw 3. Gerard and Gayle C. Otsuka 4. Virgilio B. Constantino and Carlina S. Javonillo 5. Rosanne M. Williamson 6. Gerald M. and Mary Ann Toohey [ ] Additional names on page of document. Grantee(s): Last, First, Middle Initial 1. City of Kent, a Washington municipal corporation 2. 3. 4. Additional names on page _ of document. Legal Description: (abbreviated: i.e. lot, block, plat, or section, township, range) SE'/4, NW'/,, SW'/4, SEC 28, TWP 22N, R5E, W.M. (See Exhibit "A"); E%2, W'/2, NE'/4, SE'/4, SW'/4, SEC 28, TWP 22N, R5E, W.M. (See Exhibit "E"); W'/2, W/2, E'/2, NE'/4, SE'/4, SW'/4, SEC 28, TWP 22N, R5E, W.M. (See Exhibit "F"); E'/z, W'/z, E'/z, NE'/4, SE'/4, SW'/4, SEC 28, TWP 22N, R5E, W.M. (See Exhibit "G"); E'/2, E'/z, NE'/4, SE'/4, SW'/4, SEC 28, TWP 22N, R5E, W.M. (See Exhibit "H"); Lot 5 of Plat recorded in Volume 67 of Plats, Page 66 (See Exhibit "I"); and SE/4 SEC 28, TWP 22N, R5E, W.M. (See Exhibit "M"). Assessor's Property Tax Parcel/Account Number(s): 282205-9081; 282205-9066; 282205-9094; 080780-0050; 080780-0050; and 282205-9135.