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ORDINANCE NO. 3 g76
AN ORDINANCE of the City Council of the City of
Kent, Washington, relating to the vacation of streets, vacating
a portion of 40th Avenue South, an existing public street, lying
generally at the intersection of 37th Place South and 40th Place
South in the City of Kent.
WHEREAS, a petition was filed with the City of Kent by various owners
of property abutting the applicable portion of 40th Avenue South, an existing public street,
lying generally at the intersection of 37th Place South and 40th Place South 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 July 6, 1999, at 7:00 p.m. in the
City Council Chambers of the Kent City Hall; and
WHEREAS, the Public Works Department and Planning Director
recommended that the City Council approve the petition upon the petitioner's fulfillment
of certain conditions; and
4e Avenue South Street Vacation
WHEREAS, after the public hearing on July 6, 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 ordinance
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 filly set forth
SECTION 2. That portion of 40s' Avenue South lying generally in the City
of Kent as described in Exhibit A, which is attached and incorporated herein by this
reference, is hereby vacated.
ordinance.
SECTION 3. No vested rights shall be affected by the provisions of this
2 40" Avenue South Street Vacation
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. — Effective Date. This ordinance shall take effect and be in
force thirty (30) days from and after its passage, approval and publication as provided by
law.
ATTEST:
BRENDA JACOBEWgITY CLERK
APPROVED AS TO FORM:
LUBOVICH,
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PASSED: S day of (QC,? — , 1999.
APPROVED: day of , 1999.
PUBLISHED:. day of 1999.
I hereby certify that this is a true copy of Ordinance No. 34176 passed
by the City Council of the City of Kent, Washington, and approved by the Mayor of the
City of as 'erebq indicated.
-CIV
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BRENDA JACOB CITY CLERK
3 4e Avenue South Street Vacation
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Road Vacation Description
That portion of 40"'Avenue South, adjoining Tracts 3, 4, 5, 6 and a portion of
Tracts 2 and 7, in the plat of Van Oe Vanter's Ten Acre Tracts as recorded in
Volume 12 of Plats at page 84, records of King County, Washington described as
follows:
BEGINNING at the northwest corner of the south half of said Tract 2; thence
N89009'58"W 15.00 feet to the centerline of said 41"Avenue South; thence
S00°50'02"W along the centerline of said 41" Avenue South, 1.31 feet; thence
N89009'58"W 15.00 feet to the southeast corner of the north 329.00 feet as
measured along the west line of said Tract 7; thence S00050'02"W along the east
line of said Tracts 5, 6 and 7 a distance of 1638.84 feet to the southeast corner of
said Tract 5; thence N89°35'24"E 30.01 feet to the southwest corner of said Tract
4; thence N00°50'02"E along the west line of said Tracts 2, 3 and 4 a distance of
1639.50 feet to the POINT OF BEGINNING.
Contains 49,1801 square feet (1.12901 acres).
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Reduced ropy of Original Document
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19991109001498
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Return Address: KENT CITY OF NISC 14.00 KING COUNTY, Wp
Attn: City Clerk
City of Kent
220 Fourth Ave. S.
Kent, WA 98032
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WASHINGTON STATE COUNTY AUDITOR/RECORDER'S COVER SHEET
Document Title: City of Kent Ordinance No. 3476 Relating to Vacation of Streets
00 Reference Number(s): N/A
CT Grantor(s): City of Kent, a Washington municipal corporation
H Grantee(s): Polygon Corporation, a corporation
CD O Abbreviated Legal Description: Portion of Tracts 2 and 7, Van de Vanter's Ten Acre Tracts, Volume 12 of
Plats, Page 84, in King County, Washington.
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CD Full legal description contained in Exhibit "A" attached herein.
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rr-t Assessor's Property Tax Parcel/Account Number(s): -- N/A —
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JAN 2 8 2000
CITY OF KENT
CITY CLERK