HomeMy WebLinkAbout3369ORDINANCE NO. 3369
AN ORDINANCE 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 277th
Street between East Valley Highway (Auburn Way North)
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, WASHINGTON,
ORDAINS AS FOLLOWS:
SECTION 1. After hearing the report of City staff, and after reviewing the
planned improvements for the Southeast 277th Street Corridor 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 portions
of certain real property 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. This parcel is legally described in Exhibit A (3 pages), attached
and incorporated by this reference (the "Property"). The purposes for which 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, 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 Property.
SECTION 2. The City authorizes the acquisition by condemnation of all
or a part of the Property 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 Property 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 funds, if necessary, as may be
provided by law.
SECTION S. The City authorizes and directs the City Attorney to I
commence those proceedings provided by law that are necessary to condemn the Property.
In commencing these condemnation procedures, 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.
SECTION 6. Anv 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 of the attached summary, which is hereby
approved.
JIlbf- ft, MAYOR er.U- A ;.,,.r
ATTEST:
BRENDA JACOB , ITY CLERK
APPROVED AS TO FORM:
ER A. LUBOVIC14; err? ATTORNEY
PASSED the IF day of 1 , 1997.
APPROVED the If' day of '?� , 1997.
PUBLISHED the 41 day of , 1997.
I hereby certify that this is a true and correct copy of Ordinance No.z9z'
passed by the City Council of the City of Kent, Washington, and approved by the Mayor
of the City of Kent as hereon indicated.
P \LAW\0RDINANC\C0NDEM04.ORD
BRENDA JACO E , CITY CLERK
4
PCL 47
73 s-r�,
That portion of Section 31, Township 22 North, Range 5 East, W.M., in King County,
Washington described as follows:
Commencing at northeast comer of the W.A. Cox O.LC. Number 38, which point is also
the southeast comer of the R.H. Beatty -0.L.C. Numbers 37 and 44 and the northwest
comer of the G.E. King O.L.C. Number 40; thence along the north line of said Cox O.LC.
South 88"59'57" East 2,255.72 feet more or less to a point on the southwesterly property
line of that portion conveyed to King County and recorded under King County Auditor's Fie
Number 8003079002 thence North 46"26'33" West along said southwesterly line 489.44
feet to the TRUE POINT OF BEGINNING; thence North 46°28'33" West along said
southwesterly line 300.00 feet thence North 42"2734" West 172.51 feet; thence North
30001'53" West 292.00 feet; thence North 14°01'53" West 211.00 feet; thence North
03'31'53" West 247.00 feet thence North 51 °31'53" West 157.00 feet, thence South
31'52'38" East 224.37 feet; thence South 00°38'01" East 337.47 feet; thence South
31'52'01" East 421.53 feet thence South 52'25'19" East; 409.49 feet to the TRUE POINT
OF BEGINNING.
AREA = 41,902 S.F.
EXHIBIT A,
LEGALSICARMCPK.277
273950
OQW PA0170 147)
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
ordinary highwater of the Green River;
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 ton 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:
south 20043119" west 101.57 feet, south 38039'10" west 478.32 feet,
south 08032`59" west 301.18 feet, south 26018126 east 426.94 feet,
south 47015'03" east 241.75 feet, south 43°24122" east 386.06 feet
to the TRUE POINT OF BEGINNING;
thence south 43024'22." east 126.51 feet, south 28005137" east
264.54 feet, south 11005'28" east 349.22 feet, south 24°36153" east
137.00 feet, south 48051'53" east 163.00 feet, south 58026153" east
323.00 feet, south 69030130" east 382.78 feet, south 51031'53" east
157.00 feet, south 03031153" east 247.00 feet, south 14001153" east
211.00 Leet, south 30001'53" east 292.00 feet, south 42027134" east
172.5! feet, south 46026'33" east 789.44 feet, to a point on the
easterly extension of the south 'line of the R.H. Beatty D.L.C.
Numbers 37 and 44;
thence north 89000'01" west along said line a distance of
2,255.93 feet to the northeast corner of the Cox D.L.C., which _point
is also the southeast corner of said R.H. Beatty D.L.C. Numbers 37
and 44 and northwest corner 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 88056`30" east _12.35 feet to the TRUE POINT OF
BEGINNING.
FCL 47
2-737-,--c
CARPINITO RIGHT-OF-WAY
That portion of Section 31, Township 22 North, Range 5 East. W.M., in King County,
Washington described as follows:
Beginning at the northeast comer of the W.A. Cox D.L.C. Number 38. wnich point is aiso
the southeast comer of the R.H. Beatty D.L.C. Numbers 37 and az and the northwest
comer of the G.E. King D.LC. Number 40; thence along the east line of said Beatty D.LC.
North 00°34'50' East 98.00 feet: thence South 89°40'09" cast 848.81 feet; thence North
83 5053" East 1,145.32 feet more or less to a point on the southwesterly property line of
that portion conveyed to King County and recorded under King County Auditor's r=iie
Number 8003079002: thence South 46"25'23" East along said southwesterly iine 367.99
feet to the north line of said G.E. King D.L.C.: thence North 38*59'57 West along said
north fine 2.255.72 feet to the FCINT OF BEGINNING.
AREA = 323,860 S.F.