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HomeMy WebLinkAbout3422ORDINANCE NO.34a A AN ORDINANCE of the City of Kent, Washington, providing for the acquisition of certain properties and/or property rights in order to construct, extend, widen, improve, alter, maintain and reconstruct the City's Southeast 277th Street Corridor between the Corridor's eastern terminus (at the intersection of 116th Avenue Southeast and the Kent Kangley Road (SR 516)) and the Green River; 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 272nd Corridor Project Fund (Fund R-87); 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 property located within King County, Washington. THE CITY COUNCIL OF THE CITY OF KENT, W ORDAINS AS FOLLOWS: SECTION 1. After hearing the report of City staff, and after reviewing planned improvements for the Southeast 277th Street Corridor Project (the "Project"), City Council finds and declares that the public convenience, use, health, safety z necessity demand that the City of Kent condemn, appropriate, take and damage all portions of certain real properties located in King County, Washington, in order to acqu the necessary property and/or property rights for the construction of the Project, includi all necessary appurtenances. These properties are legally described in Exhibits A throe G, attached and incorporated by this reference (the "Properties"). The purposes for wh. 1 I11111111®����� 19991012000145 ® PAGE 002 OF 012 10/12/1999 09:40 KENT CITY OF MISC 19.00 KING COUNTY, WA this condemnation is authorized shall include, without limitation, all acts necessary complete the construction, extension, improvement, widening, alteration, maintenance z reconstruction of the Project, including improvements for drainage, curbs and gutte sidewalks, bicycle paths, landscaping, illumination, signal improvements, electri facilities, utilities, utility adjustments and relocations, and any other street or munici] purposes that may become necessary from time to time on the Properties. SECTION2. The City authorizes the acquisition by condemnation of or a part of the Properties for the construction, extension, improvement, wid alteration, maintenance and reconstruction of the Project, including acquisition of pn and/or property rights, together with all necessary appurtenances and related work to a complete improvement according to City standards. SECTION 3. The City shall condemn the Properties only after 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 "272nd Street Project" fund (Fund R-87) or from any of the City's general funds, if necessary, as may provided by law. SECTION S. The City authorizes and directs the City Attorney commence those proceedings provided by law that are necessary to condemn the Propert. In commencing these condemnation procedures, the City Council authorizes the C Attorney to enter into settlements, stipulations or agreements in order to minim damages, which settlements, stipulations or agreements may include, but not be limited the amount of just compensation to be paid, the size and dimensions of the property ENT CITY OF mISC 19991012000145 PACE 003 OF 012 10i12i1999 09:40 19.00 KING COUNTY, wA condemned, and the acquisition of temporary construction easements and other interests. SECTION 6. Any acts consistent with the authority and prior to effective date of this ordinance are ratified and confirmed. SECTION 7. The provisions of this ordinance are declared to be and severable. The invalidity of any clause, sentence, paragraph, subdivision, section portion of this ordinance, or the invalidity of the application thereof to any person circumstances shall not affect the validity of the remainder of this ordinance, or the valid of its application to other persons or circumstances. SECTION 8. This ordinance, being the exercise of a power delegated to the City legislative body, is not subject to referendum, and shall take and be in force five (5) days after publication as approved by law. ATTEST: '!/ii/.i 1/ I _ moi_ 4 - .. . DOA, -W4 SWAO APPROVED AS TO FORM: Al 1111111111111111 KENT CITY OF MISC MAYOR 19991012000145 PACE 004 OF 012 10/12/1999 09:40 19.00 KINC COUNTY, WA PASSED the - day of no7-d6c- 1998. APPROVED the --I- day of OCrDAER, 1998. PUBLISHED the 9 day of,0Cr66&A, 1998. I hereby certify that this is a true and correct copy of Ordinance Nc passed by the City Council of the City of Kent, Washington, and approved by the of the City of Kent as hereon indicated. P TAW ORDINANC\CONDEM05 2]] L �9-✓fivl.e� T CITY CLERK, �oa,uR sw,iw DEPKry KENT CITY OF MISC 19.00 19991012000145 PAGE 005 OF 012 10i12/1999 09:40 KING COUNTY. WA 19991012000145 PAGE 006 OF 012 10/12/1999 0940 KING COUNTY, WA 282241-4--a That portion of the southeast quarter of the northeast quarter of Section 29, Township 22 North, Range 5 East,_.W.M.,.in King County, Washington, described as follows: Beginning at a point on the east line of said section where the south margin of the right-of-way_for County Road No. 173 crosses the east line of said section; thence south along the east line of -said Section 29, to the southeast corner of the northeast quarter of said Section 29;_., thence west along the south line of the northeast quarter of said Section 29, a distance of 33.15 rods; thence north a distance of 56.575 rods, more or less, to the south margin of said County Road No. 173; thence southeasterly along said line of said County Road margin, to the point of beginning; 2EXCEPT the west 3 acres thereof; AND EXCEPT the north 290 feet of the south 419 feet of the east 150 feet thereof; AND EXCEPT that portion thereof described as the northerly 20 feet in width of the east 261.61 feet of that portion of the southeast quarter of the northeast quarter of said Section 29, lying sout!:er'_y of SSH No. SA and as measured along said SSH No. 5A as conveyed to King County for road by deed recorded under Recording Number 6108247; AND EXCEPT that portion thereof condemned for Kent-Kanglev Highway (SR516) under King County Superior Court Cause Number 79-2-05251-5; AND EXCEPT the east 30 feet thereof as conveyed to King County by deeds recorded under Recording Numbers 8703110457 and 9104250382. EXHIBIT 2. b KENT CITY OF MI5C 19.00 19991012000145 PAGE 007 OF 012 10/12/1999 09:40 KING COUNTY, WP 282243 The east 30 feet of the* south 75 feet of the north 215 feet of the . south 419 feet of the east 150 feet of the southeast quarter of the northeast quarter of Section 29, Township 22 North, Range 5 East, W.M., in King County, Washington; EXCEPT the east 25 feet thereof conveyed to King County by Warranty Deed Recorded December 23, 1991 under King County Recording Number 9112231852. EXHIBIT c ������ 19991012000145 �® p®m PAGE 008 OF 012 ®����®�0 10/12/1999 09:40 KENT CITY OF MISC 19.00 KING COUNTY, WH EXHIBITD 8 . I 19991012000145 PAGE 009 OF 012 10�1KENT CITY OF 2 /1999 MISC 19.00 KING COUNTY, 9WA Lot 2, King County Short Plat Number 279081 recorded under King County Recording Number 8006130567; said Short Plat being a poftion of the northeast quarter of the, northeast quarter of Section 32, Township 22 North, Range 5 East, W.M.,in King County, Washington. EXHIBIT C R 19991012000145 19 010 OF 0120 10/12/1999 09:40 KENT CITY OF NISC 19.00 KING COUNTY, WR 203525 -tf'f Lot 1, King County Short Plat No. 279080, according to the Short- - Plat recorded under Recording Number 8006130568, being a portion of the following described property: The southeast quarter of the northwest quarter of the northeast quarter of Section 32, Township 22 North,_ Range 5 East,-W.M.;:,. in King County, Washington; EXCEPT the north 20 feet thereof for Southeast 274th Street; TOGETHER WITH a non-exclusive easement for ingress, egress and utilities over that portion of Lots 1, 2, 3 and 4 of said Short Plat being designated on the face of said Short Plat as Tract "X'1; EXCEPT portion thereof lying within the herein described main tract. EXHIBIT F KENT CITY OF MISC 19.00 19991012000145 PAGE 011 OF 012 10/12/1999 09:40 KING COUNTY, WA No. 202189 — Z -q - That portion of the southwest quarter of the northwest quarter of Section 28, Township 22 North,. Range 5 East, W.M., in King County,. Washington, described as -follows: Beginning at the intersection of the section .line.between .. Sections 28 and 29, said Township and Range, with the centerline of the Kent -Black Diamond Road, known as County Road Number 173'; thence in a southeasterly,direction..along the-.center_of_said road -a distance of 290 feet; thence southwesterly 525 feet, more.or,less,.to_a point --on _the. south line of said southwest quarter of the northwest quarter of said Section 28, which point is 155 feet east of said section line; thence west along said south line to the west line of said section; thence north to the point of beginning; EXCEPT County Roads; AND EXCEPT that portion thereof condemned in King County Superior Court Cause Number 79-2-05602-2 for State Highway Number SR516; AND EXCEPT that portion thereof conveyed to.King County by deed recorded under Recording Number 9103281199. EXHIBIT G 19991012000145 PAGE 012 OF 012 10/12/1999 09:40 KING COUNTY, NA KENT CITY OF MISC 19.00 RETURN TO: KENT CITY OF MISC 19.00 Kent City Clerk 220 - 4th Avenue South Kent WA 98032 ORDINANCE NO. 3422 GRANTOR(S): Various GRANTEE(S): City of Kent, Washington LEGAL DESCRIPTION: 19991012000145 PAGE 001 OF 012 10/12/1999 09:40 KING COUNTY, WA Short form: Portions of: SWI/4, NW1/4, SWIA, SEC28, TWP22N, R5E SWI/4, NWI/4, SEC28, TWP22N, R5E SE1/4, NEIA, SEC29, TWP22N, R5E SETA, NEI/4, SE1/4, SEC29, TWP22N, R5E NE1/4, NEI/4, SEC32, TWP22N, R5E SE1/4, NWI/4, NEI/4, SEC32, TWP22N, R5E Additional legal description is on page 5-11, Exhibits A -G of document. ASSESSOR'S PROPERTY TAX PARCEL ACCOUNT NUMBER(S): NOTE: This is an eminent domain ordinance passed by the City of Kent that affects various property parcels. THIS DOCUMENT CONTAINS 12 PAGES INCLUDING THIS COVERSHEET.