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ORDINANCE NO.
V
AN ORDINANCE of the City of Kent, Washington,
providing for the acquisition of an easement for street purposes over
certain properties in order to extend, improve, alter and widen South
212th Street in order to construct HOV lanes; providing for the
payment thereof out of the 212th Street Improvements --West Valley
Highway to SR 167 --Project Fund; and providing for the
condemnation of such property rights as necessary therefor; all of said
properties located within the City of Kent, King County, Washington.
THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
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Section 1. The City of Kent ("City") authorizes the acquisition by condemnation of
all or a part of three parcels of certain real property located in King County, Washington, which
parcels are legally described in Exhibits A through C, attached hereto and incorporated herein by this
reference (hereinafter, the "Properties").
Section 2. The public convenience, use and necessity demand that the City condemn
the Properties in order to acquire an easement for street purposes, which purposes shall include all
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acts necessary to complete the extension, improvement, alteration and widening of South 212th
Street for HOV lanes, including improvements for drainage, curbs and gutters, sidewalks,
I landscaping, illumination, signal improvements, electrical facilities, utility adjustments and
relocations and any other street or municipal purposes that may become necessary from time to time
on the Properties.
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.
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Section 4. The City shall pay for the entire cost of the acquisition by condemnation
provided for in this Ordinance through the City's "212th Street Improvements --West Valley
SRI Fund," or from any of the City's general funds, if necessary, as may be
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provided by law. i
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Section 5. The City authorizes and directs the City Attorney to commence those j
V proceedings provided by law that are necessary to condemn the Properties. In commencing these
nation procedures, the City authorizes the City Attorney to enter into stipulations or
condem p !'
agreements in order to minimize damages, which stipulations or agreements may include, but not
be limited to, size and dimensions of the Properties condemned, construction easements and other
property interests.
ority and prior to the effective date of this
Section 6. Any acts consistent with the auth
! f' Ordinance are ratified and confirmed.
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7. Throvisions of this ordinance are declared to be separ
The ate and severable.
Section p
The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance,
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or the invalidity of the application thereof to any person or circumstances shall not affect the validity
i. alidity of its application to other persons or
of the remainder of this Ordinance, or the v
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n force thirty (30) days from and
Section 8. This Ordinance shall take effect and be ij
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after its passage, approval and publication as provided by law.
ATTEST:
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BRENDA JACOBE , CIT CLERK
APPROVED AS TO FORM:
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ROG R A. LUB VI , CITY ATTORN
:
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1 PASSED the,day of
APPROVED the .: day of
� PUBLISHED the !!� day of � 1995
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I hereby certify that this is a true and correct copy of Ordinance No.x�' p assed by
the City Council of the City of Kent, Washington, and approved by the Mayor of the City o ent
hereon indicated.
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I BRENDA JACO ER, TY CLERK
i, j CONDEM12.pwk
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fti'c ..No _ 253 0�, 7 - 3
That portion of the north one-half of the southwest quarter of the
- northwest quarter of Section 12, Township 22 North, Range 4 East,
W.M., in King County, Washington, which lies south of County Road
Number 22 (South 212th Street), as follows:
Beginning at a point where the east line of the southwest quarter of
the northwest quarter of Section 12, Township 22 North, Range 4
East, W.M., in King County, Washington, intersets the south line of
County Road Number 22;
thence running in a westerly direction along the south line of
-'" County Road Number 22, a distance of 259.25 feet to an existing
fence;
thence -south along said fence line which has a bearing of south
00059130" west, a distance of 163.59 feet;
thence south 88005116" east a distance of 262.25 feet, more or less,
to a point of intersection with the east line of the southwest
quarter of the northwest quarter;
thence north along said line to the point of beginning;
EXCEPT that portion of the main parcel condemned for South 212th
Street under proceedings had in King County Superior Court Cause
Number 693116;
AND EXCEPT that portion conveyed for street, utility and drainage
purposes by deed recorded under Recording Numbers 8002110054 and
--- - 8002110055.
The north half of the southwest quarter of the northwest quarter of
- - Section 12, Township 22 North, Range 4 East, W.M., in King County,
Washington;
- - --- EXCEPT the north 30 feet for County Road No. 22;
AND EXCEPT that portion thereof described in King County Superior
Court Cause No. 695652 and more particularly described as follows:
That portion of the north half of the southwest quarter of the
northwest quarter of Section 12, Township 22 North, Range 4 East,
W.M., in King County, Washington, which lies south of County Road
No. 22 (South 212th Street), as follows:
Beginning at a point where the east line of the southwest quarter of
the northwest quarter of Section 12, Township 22 North, Range 4
-- ---- East, W.M., in King County, Washington, intersects the south line of
County Road No. 22;
_. thence running in a westerly direction along the said south line of
County Road No. 22, a distance of 259.25 feet to an existing fence;
thence south along said fence line which has a bearing of south
00059130" west a distance of 163.59 feet;
_ thence south 88005116" east a distance of 262.25 feet, more or less,
- to a point of intersection with the east line of the southwest
quarter of the northwest quarter;
thence north along said line to the point of beginning;
AND EXCEPT that portion of the main parcel condemned by the City of
— ---- Kent in King County Superior Court Cause No. 693116 for widening
South 212th Street (O'Brien Road);
AND EXCEPT the east 30 feet conveyed to the City of Kent by Deed
recorded under Recording Number 8211100509;
AND EXCEPT the west 30 feet for State Highway;
AND EXCEPT the following described tract:
Beginning at the intersection of the east line of the State Highway
between Section 11 and Section 12, said Township and Range, with the
south line of County Road No. 22 leading west from the Town of
O'Brien in said Section 12;
thence south along the east line of the State Highway, 165 feet;
thence east 165 feet;
thence north 165 feet to the south line of said County Road No. 22;
thence westerly along said south line of County Road to the point of
beginning;
AND EXCEPT that portion condemned by the State of Washington in King
County Superior Court Cause No. 657493 for Highway 2-M;
AND EXCEPT that portion conveyed to the City of Kent by Deed
-- recorded under Recording Number 8902090145.
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That portion of Tract 11, Kent Five Acre Tracts, King County,
Washington, in Section 12, Township 22 North, Range 4 East, W.M., in
King County, Washington, more particularly described as follows:
Commencing at the southeast corner of Tract. 11, Kent Five Acre
Tracts, according to the plat thereof recorded in Volume 10 of
Plats, page 19, in King County, Washington;
thence north 1005148" east 674.54 feet along the east line of said
Tract 11;
thence north 88022158" west 20.50 feet;
thence north 1005148" east 138.69 feet along a line which is
- - parallel with and 20.50 feet west of the east line of said Tract 11,
to the TRUE POINT OF BEGINNING;
-- -- thence continuing north 1005148" east 427.23 feet to the south
margin of South 212th Street;
thence north 88018130" west 339.99 feet along said south margin;
thence south 1005150" west 493.00 feet;
thence northeasterly 228.32 feet along the arc of a non -tangent
curve to the right, having a radius of 426.00 feet the central point
of which bears south 3000115911 east, through a central angle of
- 30042129" to a point of tangency;
thence south 89019130" east 122.28 feet to the TRUE POINT OF
- BEGINNING;
(ALSO KNOWN AS Parcel 1, City of Kent Short Plat as filed under King
County Recording Number 7810230760.)
TOGETHER WITH that portion of the north half of the southeast
quarter of the northeast quarter and the east 20.5 feet of the north
half of the southwest quarter of the northeast quarter of Section
12, Township 22 North, Range 4 East, W.M, in King County,
Washington, described as follows:
Beginning at the northeast corner of the above described Parcel 1,
said point being on the south line of South 212th Street and 20.5
feet west of the west line of the southeast quarter of the northeast
quarter of Section 12, Township 22 North, Range 4 East, W.M., in
King County, Washington;
thence parallel to said west line south 1005148" west 427.23 feet;
thence south 89019130" east 283.13 feet;
thence north 1005148" east 430.70 feet to said south line of South
212th Street;
thence along said south right-of-way line north 89000158" west
119.00 feet;
thence south 0059102" west 5.00 feet;
thence continuing along said south line of South 212th Street north
89000158" west 164.13 feet to the point of beginning.
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The north half of the southeast quarter of the northeast quarter and
the east 20.5 feet of the north half of the southwest quarter of the
northeast quarter of Section 12, Township 22 North, Range 4 East,
W.M., in King County, Washington;
EXCEPT the south 15 feet thereof;
AND EXCEPT that portion thereof lying within South 212th Street;
AND EXCEPT that portion thereof condemned by King County Superior
Court Cause Number 693116;
AND EXCEPT that portion thereof lying easterly of a line described
as follows:
Beginning on the north line of said subdivision at a point 256.
75
feet west of the northeast corner thereof;
thence south parallel with the east line of said subdivision to the
south line of the above described property;
AND EXCEPT that portion thereof described as follows:
- Beginning at the northwest corner of the above described parcel,
said point being on the south line of South 212th Street and 20.5
— - -- feet west of the west line of the southeast quarter of the northeast
quarter of Section 12, Township 22 North, Range 4 East, W.M., in
_ __._........_.-.._. King County, Washington;
thence parallel to said west line south 1005148" west 427.23 feet;
thence south 89019130" east 283.13 feet;
thence north 1°05'48" east 430.70 feet to said .south line of South
212th Street;
thence along said south right-of-way line north 89°00'58" west
119.00 feet;
- thence south 0059102" west 5.00 feet;
thence continuing along said south line of South 212th Street north
89°00'58" west 164.13 feet to the point of beginning.
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