HomeMy WebLinkAbout3227ORDINANCE NO.23 7
AN ORDINANCE of the City of Kent, Washington, providing for
the acquisition of a permanent easement for water system utility purposes
over certain property in order to improve, alter, install, construct,
reconstruct, operate and maintain a water utility system transmission main,
the Kent Springs Transmission Main Rebuild" project, which property is
generally located within the Jenkins Creek Subbasin of the Green River
Basin; pg payment providing for the a ment thereof from the City's Kent Springs
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Transmission Main Fund; and providing for the condemnation of such
property rights as necessary therefor; all of said properties located within
King County, Washington.
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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
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i located in King County, Washington, for the City's Kent
a portion of two parcels of real property
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Springs Transmission Main Rebuild project. The properties designated for condemnation are
located generally within the Jenkins Creek Subbasin of the Green River Basin and are legally
described in Exhibit A, which is attached hereto and incorporated herein by this reference
(hereinafter, the "Properties").
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Section 2. The public convenience, use and necessity demand that the City condemn the
an easement for water utility system purposes, which purposes
Properties in order to acquire 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 L
limitation, rebuilding the City's water utility
said water utility system, including, without system
Kent Transmission Main together with all necessary appurtenances.
Section 3. The City shall condemn the Properties only after just compensation has first '
t for the owner or owners in the manner prescribed by law.
been made or paid into cour
Section 4. The City shall pay for the entire cost of the acquisition by condemnation 1
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provided for in this Ordinance through the City's Kent Springs Transmission Main Fund, or from
any of the City's general funds, if necessary, as may be provided by law.
iiSection 5. The City authorizes and directs the City Attorney to commence those
proceedings provided by law that are necessary to condemn the Properties. In conducting the
thorizes the City Attorney to enter into agreements or
condemnation proceedings, the City au
minimize damages, which agreements or stipulations may include, but not
Stipulations in order to
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be limited to, size and dimensions of the Property condemned, construction easements and other
property interests.
i 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
ra h, subdivision, section or portion of this ordinance,
invalidity of any clause, sentence, para g p
f ! 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.
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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.
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ATTEST:
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M R CA 6
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i BRENDA JACOB , C Y CLERK
APPROVED AS TO FORM:
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OGS A. LUBOVICH, CITY ATTORNEY
1—, 199
i PASSED the day of '
APPROVED the % day of
19 i�
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PUBLISHED the /i day of =�� ' 10S
it
I hereby certify that this is a true and correct copy of Ordinance No. .3 —7, passed
yWashington, and approved by the Mayor of the City of
by the City Council of the City of Kent,
Kent hereon indicated.
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BRENDA JACOB , CI Y CLERK
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CONDEM 13.pwk
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PARCEL A:
That part of the northwest quarter of the southwest 1quarter
n King County,
Section 33, Township 22 North, Range 6
Washington, lying south of a line parallel with and distant 50 feet
t angles, from the center line of the
southwesterly, measured at righ
main tractostructedNorthern
operatedPacific
overRailway
and across said premises;
located, con
EXCEPT the east 950 feet;
EXCEPT a strip of land 50 feet in width and 400 feet in length as
measuted from the west line of said subdivision adjacent to the
southwesterly,line of said railway right-of-way, as conveyed to
Northern pacific Railroad Company, by Wallace Cole by instrument
recorded under Recording Number 3375637, records of said county; and
EXCEPT that portion thereof lying southwesterly of a creek commonly
known as Martinez Creek.
PARCEL B:
That portion of Section 32, Township 22 North, Range 6 East, W.M.,
in King County, Washington, lying southerly of the Northern Pacific
Railroad Company right-of-way and easterly of a creek commonly known
as Martinez Creek;
The land referred to in this commitment is situated in the county of
King, state of Washington, and described as follows:
The west half of the east half of the west half of the northeast
quarter of the southeast quarter of Section 32, Township 22 North,
Range 6 East, W.M., in King County, Washington, lying northerly of
the Northern Pacific Railway Co. right-of-way as established by
instrument recorded under Recording Number 182313;
TOGETHER WITH the west half of the east half of the west half of the
southeast quarter of the northeast quarter of said Section 32 lying
southerly of the centerline of the City of Kent Pipeline
right-of-way as established by instrument recorded under King County
Recording Number 5810445;
EXHIBIT /-\