HomeMy WebLinkAbout3299rn4lbMLWKVAWu9���J
CJ
ORDINANCE NO.
AN ORDINANCE of the City of Kent, Washington, providing for
the acquisition of a permanent easement for storm drainage utility purposes
over certain property in order to improve, alter, install, construct,
reconstruct, operate and maintain a portion of the City's storm drainage
0 utility system, which property is generally located on the west side of West
N Valley Highway (SR 181) south of SE 262nd Street; providing for the
payment thereof from the City's Drainage Utility Fund; and providing for
*'1 the condemnation of such property rights as necessary therefor; all of said
properties located within King County, Washington.
THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The City of Kent ("City") authorizes the acquisition by condemnation of all or
a portion of two parcels of real property located in King County, Washington, for the City's storm
drainage utility system. The properties designated for condemnation are located generally on the
west side of West Valley Highway (SR 181) south of SE 262nd Street and are legally described
in Exhibits A and B, which are attached hereto and incorporated herein by this reference
� (hereinafter, the "Properties").
I�
'I
ign --11
1-Val�
e
((��w -t .� j •r.
.......... _.x.......... .... •...x. - d.iLi�ill'1�1Riv�ki�Yii�iRY
Section 2. The public convenience, use and necessity demand that the City condemn the
Properties in order to acquire an easement for storm drainage utility system purposes, which
purposes shall include all acts necessary or that may, from time to time, become necessary to
complete the improvement, alteration, construction, reconstruction, installation, operation and
maintenance of said storm drainage utility system.
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 Drainage Utility Fund, or from any of the City's
general funds, if necessary, as may be provided by law.
V'
Section 5. The City authorizes and directs the City Attorney to commence those
0
proceedings provided by law that are necessary to condemn the Properties. In conducting the
J condemnation proceedings, the City authorizes the City Attorney to enter into agreements or
?� stipulations in order to minimize damages, which agreements or stipulations may include, but not
be limited to, size and dimensions of the Property condemned, 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 of this ordinance,
j or the invalidity of the application thereof to any person or circumstances shall not affect the
�I validity of the remainder of this ordinance, or the validity of its application to other persons or
circumstances.
2
!i
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.
ATTEST:
BRENDA JACOB
APPROVED AS TO FORM:
A. L
CLERK
PASSED the 4 day of�, 19 .
APPROVED the day of GGA , 19
PUBLISHED the day of , 19-2-(-Z.
I hereby certify that this is a true and correct copy of Ordinance No. 3a 9 9 , passed
by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of
Kent hereon indicated.
3
The land referred to in this is ituated in the county of
King, state of Washington, and described a follows:
That portion of the Moses Kirkland Do ation Land Claim No. 40,
described as follows:
Beginning at the intersection of t west margin of the right-of-way
of State Aid Road No. 69 (State Hi hway 5-M) with the south boundary
line of said Donation Land Claim;
thence westerly along said south oundary 2,181.5 feet, more or
less, to the southwest corner of said Donation Land Claim;
thence north 0051110" west alon the west boundary line of said
Donation Land Claim 1,141.02 f t;
thence north 88037120" east to an intersection with said road, said
latter line being the south 1'ne of Irving T. Alvord Tracts,
according to the unrecorded at thereof;
thence southerly along the w sterly margin of said road to the point
of beginning.
EXHIBITL.
1, real,q.0 i
z f3Lf s -5-2
The land referred to in this 6,x41%771 is situated in the county of
King, state of Washington, and described as follows:
Beginning at the northwest corner of Moses Kirkland Donation Land
Claim in Section 26, Township 22 North, Range 4 East, W.M., in King
County, Washington;
thence along the west line of said claim, south 0051'10" east
1579.87 feet to the northwest corner of the M.M. Morrill Tract,
recorded under Recording Number 329119;
thence north 88037120" east 939.29 feet, along the north line of
said tract, to THE TRUE POINT OF BEGINNING;
thence along said line, north 88037120" east 1232.67 feet to the
westerly margin of State Aid Road No. 69;
thence along said margin, north 6050' west 344.71 feet to a point
hereinafter referred as to Point "Arr;
thence south 89021115" west 309.04 feet;
thence north 66041120" west 50 feet to the center line of the slough;
thence along said line, north 66041120" west 81.53 feet;
thence north 32017100" west 137.80 feet;
thence north 56054'4011 west 255.98 feet;
thence north 67020140" west 145.09 feet;
thence south 16042140" west 94.26 feet;
thence south 49055100" west 125.78 feet;
LO thence south 47037140" east 187.29 feet;
0 thence south 22022120" west 11.46 feet;
thence south 71052110" west 95.27 feet;
thence south 35036150" west 82.71 feet;
ri thence south 400491501' west 127.64 feet;
P' thence south 19039'10" west 160.04 feet;
thence south 42042130" west 109.30 feet to the TRUE POINT OF
Tj BEGINNING;
(ALSO BEING KNOWN AS Tract 4 of Irving T. Alvord Tracts, according
to the unrecorded plat thereof);
EXCEPT roads;
AND EXCEPT the southerly 90 feet of the easterly 130 feet thereof;
AND EXCEPT that portion thereof described as follows:
Beginning at said Point "A";
thence south 89021115" west 269.00 feet;
thence south 00°381451' east 111.00 feet;
thence north 89°21'15" east 281.03 feet to said westerly margin of
State Aid Road No. 69;
thence north 06050100" west along said westerly margin 111.65 feet
to the point of beginning of this exception.
EXHIBIT.L
CITY OF 1 o\,J!2�
Roger A. Lubovich, City Attorney
July 16, 1996
King County Recorder
King County Administration Bldg.
500 4th Ave, Room 311
Seattle, Washington 98104
Jim White, Mayor
206/859-3340 206/859-3983 (fax)
RE: City of Kent Ordinance No. 3299
Relating to Eminent Domain Authorization
Notice of Negotiated Settlement on Property Described in Exhibit "A"
Dear Sir or Madam:
By this letter, please be advised that, pursuant to the authority vested in the Kent City Attorney's
Office under Section 5 of Ordinance No. 3299 , the City Attorney has negotiated a settlement to
purchase all the lands necessary for storm drainage purposes that are described in Exhibit "A" to
that Ordianance. As a result, that portion of the Ordinance pertaining to the lands described in
Exhibit "A" is VOID.
Yours very truly,
Thomas C. Brubaker
Assistant City Attorney
cc: Gerald B. McCaughan, Kent Property Manager
220 4th AVE SO / KENT WASHINGTON 98032-5895 / TELEPHONE (206)859-3300 / FAX # 859-3334