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HomeMy WebLinkAbout3337M O d' C) FOLLOWS: ORDINANCE NO. 33 3 AN ORDINANCE of the City of Kent, Washington, providing for the acquisition of right-of-way easements for any and all street purposes along, across, over and under certain properties in order to construct, extend, improve, alter and widen Southeast 277th Street between East Valley Highway (Auburn Way North) and the Green River: providing for the payment thereof out of the 272nd Corridor Project Fund (Fund R-87); providing for the condemnation, appropriation, taking and damaging of such property rights as are necessary for that purpose; and directing the City Attorney to prosecute the appropriate legal proceedings and to enter into settlements, stipulations or other agreements; all of said properties located within King County, Washington. THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS SECTION 1. The public convenience, use and necessity demand that the City of Kent ("City") condemn, appropriate, take and damage portions of certain real property parcels located in King County, Washington, in order to acquire right-of-way, slope and other necessary easements for any and all street and other related purposes. These parcels are legally described in Exhibits A and B. 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 the construction, extension, improvement, alteration and widening of Southeast 277th Street, including improvements for drainage, curbs and gutters, sidewalks and bicycle paths, landscaping, illumination, signal improvements, electrical facilities, utilities, utility adjustments and relocations, and any other street or 1 municipal purposes that may become necessary from time to time on the Properties. SECTION 2. The City authorizes the acquisition by condemnation of all or a part of the Properties for the construction, extension, improvement, alteration and widening of Southeast 277th Street between East Valley Highway (Auburn Way North) and the Green River. 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 "272nd Street Corridor Project Fund," (Fund R-87) or from any of the City's general fiends, if necessary, as may be provided by law. d 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 these condemnation procedures, the City 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, requiring temporary construction easements and other property interests. 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 2 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 shall take effect and be in force thirty (30) days from and after its passage, approval and publication as provided by law. WHITE, MAYOR ATTEST: BRENDA JACO R, ITY CLERK O C APPROVED AS TO FORM: O O ROGER A. tUBOVICH, CIT ORNEY PASSED the /F day of1997. APPROVED the / g day of _, 1997. PUBLISHED the,:V-1 day of , 1997. I hereby certify that this is a true and correct copy of Ordinance No. -33-37 passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent hereon indicated. BRENDA JACOBE , CI Y CLERK 1' ALA WIORDINAIpC\CONDEM02.OR]) Order No. 273950 A . L . T . A . COMMITMENT tau 9�7 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: That portion of Sections 30 and 31, Township 22 North, Range 5 East, W.M., in King County, Washington, described as follows: Commencing at the West quarter corner of said Section 30, Township 22 North, Range 5 East W.M., in King County, Washington; thence along the East-West centerline of said Section 30, south 89001126" east 1,224.49 feet distant to a point on the line of crdir_ary highwater of the Green Riper; thence continuing along said centerline of Section 30, south 89001'26" east 773.52 feet distant to a point on a line concentric with and 150 feet westerly of the top of the left bank of the Green River, said point lying west 89001'26" west 488.61 feet from the existing King County Survey 'Monument at the center of said Section 30; thence Southerly along said line the following courses: Osouth 20143'19" west 101.57 feet, south e?, south 08032'59" west 301.18 feet, south Q south 47015'03" east 241.75 feet, south a to the TRUE POINT OF BEGINNING; thence south 43024122" east 126.51 feet, 264.54 feet, south 11005128" east 349.22 137.00 feet, south 48051153" east 163.00 323.00 feet, south 69030130" east 382.78 157.00 feet, south 03031153" east 247.00 211.00 feet, south 30001153" east 292.00 172.51 feet, south 46026'33" east 789.44 easterly extension of the south lire of Numbers 37 and 44; 38039'10" west 478.32 feet, 26018'26 east 426.94 fees, 43124122" east 386.06 feet south 28005137" east feet, south 24036'53" east feet, south 58026153" east feet, south 51031153" east feet, south 14001153" east feet, south 42027'34" east feet, to a point on the the R.H. Beatty D.L.C. thence north 89000101" west along said line a distance of 2,255.93 feet to the northeast corner of the Cox D.L.C., which mint is also the southeast corner of said R.H. Beatty D.L.C. Numbers -37 and 44 and northwest ccrnar of the G.E. King D.L.C. Number 40: thence along the east line of said Beatty D.L.C. north 00035106" east 2,638.59 feet to the northeast corner of the Beatty D.L.C.; thence south 88056130" east 112.35 feet to the TRUE POINT CF BEGINNING. END OF SCHEDULE A EXHIBIT., -. Order No. 2_964 A . . T.A. COMM 7MENT SCHEDULE A Pace 2 "he land referred to _n �h_s co�.mi`ment is s_tuated _n _ne _gun ✓ King, state of Wash_ngton, and descr-bed as follows- Dn,R(PT. A Government Lot 10 in Section 25, Township 22 Nort:., Ranae _ East, W.M., in King County, Wash_ngtcn; EXCEPT for county road.;_ _ Y AND EXCEPT that portion conveyea to the State o� Was.._ngtc_. " ahway purposes _-y Deed recorded September 21, 1964 rider Recording Number 788897; (� PARCEL 3: - qT `:'hat portion of Government :mot 4, Section 30, Township 22 Ncrt:,, Range 5 East, W.M., in King County, Washington, lying wester ✓ a 40 kine described as follows: 3eginning at ^.e ncrtheast comer off i7 -he R. ... 3eatty Dc^_at_cr --laim No. V . thence a,ong -ne norm line ncrtl, 88055'33" west 735.30 -eet to o4 the centerline o4 drainage V �ha::nel and t.: ---le_ o07-nt beginning; thence north 68012145" west 15.79 feet thence north 32°16 09 west 98 45 eet, t:,ence North 7'_°38'45" west 61.36 =eet; thence north 11035'29" east 59:25 `eet; _ t'ience north 10°18'35„ west 42 81 Beet to a point on a line ordinary high water of the Green R ---Ter, EXCEPT that portion .or 86th Avenue Scut'_Z established December 13, 1933 by court Commissicner's Records Vclume 33, Page 237; PARCEL C: �vy All of Robert H. 3eatty Donation V _aim `c 3 -g a por``_on Sections 25, 30, 31 and 3-, Tcwnti.__c Nert- Ranges 4 and 5 Fist, W.M., _n King County Washington; EXCEPT the south 49.5 feet thereof; AND EXCEPT that portion conveyed to State of Washington for '_ig=_way purposes by Deed recorded September 21, 1964 under Recording Number 5788897; A1VD ALSO EXCEPT that portion conveyed to King County by Recor�ing Number 8806090822. END OF SCHEDULE A � EXHIBIT � 1 MAR 0 3 1997 KING COUNTY RECORDER 9 Brenda Jacober, City Clerk CITY OF KENT 220 - 4th Avenue South Kent WA 98032-5894 (206) 859-3300 ORDINANCE NO. 3337 Grantor(s): Q� 1. Michael Carpinito C 2. Daniel Carpinito J. Carol Carpinito 4. The Trustees of the Geoffrey Raffell Monk Trust Grantee(s): 1. City of Kent 2. 3. Legal Description: 1. Abbreviated form: Portion of Sections 30 and -31, TWP 22N, R5E, W.M. in King County 8 Assessor's Property Tax Parcel Account Number(s): 312205-9019-02;000040-0001-01 8 TOTAL NUMBER OF PAGES: Six (6) 0 0 (INCLUDING THIS COVER SHEET AND ALL EXHIBITS AND ATTACHMENTS)