HomeMy WebLinkAbout3161ORDINANCE NO. 31"
AN ORDINANCE of the City of Kent, Washington,
providing for the acquisition of a permanent
easement for storm drainage purposes over certain
property in order to improve, alter, install,
operate and maintain a storm drainage system for
Upper Garrison Creek, which property is generally
located along Upper Garrison Creek in the area
northwest of the intersection of South 236th Street
and 100th Avenue SE and also along Upper Garrison
Creek between 112th Avenue SE and 104th Avenue SE;
providing for the payment thereof from the City's
Safeway Storm Drainage Fund (Project # 91-3018/D-
37); and providing for the condemnation of such
property rights as necessary therefor; all of said
properties located within King County, Washington.
�( ,'9RR 1 SoAJ CREEK 1'0N,2>EMAJ47-10 U_)
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 several parcels
of real property, all located in King County, Washington for the,
City's Upper Garrison Creek storm drainage system. The properties;
designated for condemnation are located generally along Upper'
Garrison Creek in the area northwest of the intersection of South;
236th Street and 100th Avenue SE and also along Upper Garrison
Creek between 112th Avenue SE and 104th Avenue SE and are legally!
described in Exhibit A, which is attached hereto and incorporated.
herein by this reference (hereinafter, the "Properties"). j
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Section 2. The public convenience, use and necessity demand
that the City condemn the Properties in order to acquire an
easement for storm drainage purposes, which purposes shall include'
all acts necessary or that may, from time to time, become necessary
to complete the improvement, alteration, installation, operation
'j and maintenance of said storm drainage system.
I Section 3. The City shall condemn the Properties only after'
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just compensation has first been made or paid into court for the
ii owner or owners in the manner prescribed by law. j
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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
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the City's Safeway Storm Drainage Fund (Project No. 91-3018/D-37),
it 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!
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to commence those proceedings provided by law that are necessary to
'I condemn the Properties. In conducting the condemnation'.
f proceedings, the City authorizes the City Attorney to enter into'
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stipulations in order to minimize damages, which stipulations may;
!` include, but not be limited to, size and dimensions of the Property
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�i condemned, construction easements and other property interests.
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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
ii be separate and severable. The invalidity of any clause, sentence,
l paragraph, subdivision, section or portion of this ordinance, or
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j the invalidity of the application thereof to any person or
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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
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thirty (30) days from and after
passage, approval and
its assa e,
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publication as provided by law.
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MAYOR
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ATTEST:
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BRENDA JACOBER, CI CLERK
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APPROVED AS TO FORM:
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ROGER A. LUBOVICH, CITY ATTORNEY
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PASSED the day of
APPROVED the day of
G�Y'K-e-
199
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PUBLISHED the day of
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I hereby certify that this is
a true and correct copy of
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Ordinance No. 31 to/ , passed by the
City Council of the City of
Kent, Washington, and approved by the
Mayor of the City of Kent
hereon indicated.
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4iRENDA
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JACOBE TY CLERK
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CONDEMN9.pwk
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The north 40.00 feet of the east 208.21 feet of the following
described property:
The south half of the southeast quarter of the northeast quarter of
the southeast quarter of Section 18, Township 22 North, Range 5
East, W.M., in King County, Washington;
il. EXCEPT the east 121 feet of the west 436 feet of the south 130 feet
thereof;
AND EXCEPT the west 315 feet thereof;
AND EXCEPT the south 30 feet as conveyed to King County for road
purposes by deed recorded under Recording Number 6085509;
AND EXCEPT the west 10 feet of the east 30 feet as conveyed to King
County for road purposes by deed recorded under Recording Number
5036381;
AND EXCEPT any portion thereof lying within 100th Avenue Southeast.
TOGETHER WITH A TEMPORARY CONSTRUCTION EASEMENT 5.00 feet wide
adjacent to the west and south lines of the above described property
RNP
A strip of land 30.00 feet in width lying within a portion of the
following described property.
The east half of the north half of the north half of the southeast
quarter of the northwest quarter of the southeast quarter of Section
18, Township 22 North, Range 5 East, W.M., in King County,
Q� Washington; EXCEPT that portion deeded to King County under
Recording Number 5036366 for 100th Avenue S.E. which centerline of
said strip is described as follows:
Beginning at the southwest corner of the above described parcel;
Il thence east along the south line thereof a distance of 105.00 feet
l� to the True Point of Beginning of centerline herein described;
thence North 36017112" West a distance of 74.12 feet; thence North
21'4310811 West a distance of 113.33 feet to a point on the north line
of said parcel and the terminus of centerline herein described.
FINK Al SO
That portion of the east half of the south half of the south half of
the north half of the southeast quarter of the northwest quarter of
the southeast quarter of Section 18, Township 22 North, Range 5
Ln \,k East, W.M., in King County, Washington; EXCEPT the east 30 feet for
'�& road described as follows:
Qr- Beginning at the southwest corner of the above described property;
thence east along the south line thereof a distance of 90.00 feet to
the True Point of Beginning of property herein described; thence
0 North 08'04102" East a distance of 82.76 feet to a point on the north
line thereof; thence east along said north line a distance of 30.00
feet; thence South 01004102" West a distance of 72.75 feet; thence
South 4403912011 East a distance of 13.98 feet to a point on the south
line thereof; thence west along said south line a distance of 40
feet to the True Point of Beginning.
AMD AL SO
The east 30.00 feet of the west 120 feet of the following described
M property.
The east half of the north half of the south half of the north half
of the southeast quarter of the northeast quarter of the southeast
quarter of Section 1$, Township 22 North, Range 5 East, W.M., in
King County, Washington; EXCEPT the west 15 feet; AND EXCEPT the
west 10 feet of the east 30 feet thereof conveyed to King County for
road purposes by deed recorded under Recording Number 5036365; AND
EXCEPT any portion thereof lying within 100th Avenue Southeast.
I ND ALSO (coNT.)
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Beginning at the southwest corner of the following described
property being the True Point of Beginning of property herein
described.
The south half of the south 6 acres of the southeast quarter of the
northwest quarter of the southwest quarter of Section 17, Township
22 North, Range 5 East, W.M., in King County, Washington; EXCEPT the
east 30 feet thereof conveyed to King County by deed recorded under
Recording Number 1136226 for 104th Avenue Southeast; EXCEPT that
portion conveyed to the City of Kent by deed recorded under
�\ Recording Number 79121030503 (re-recording of 7806140119) for
Southeast 236th Place. Thence north along the west line thereof a
distance of 40.00 feet; thence North 81022116" East a distance of
172.45 feet; thence east parallel with the south line of above
described property a distance of 388.06 feet to a point on the west
line of 104th Avenue Southeast; thence south along said west line a
distance of 70.00 feet to a point on the north line of Southeast
236th Street; thence west along the north line thereof a distance of
558.09 feet to the True Point of Beginning.
RMD AL SQ
The north 20.00 feet of the west 66.00 feet of Tract 10 R.O. Smiths
l� Orchard Tracts to Kent Vol. 12 page 27 King County, WA.
RN D ALSO
The north 20.00 feet of the east 120.00 feet of the west 186.00 feet
of Tract 10 R.O. Smiths Orchard Tracts to Kent Vol. 12 page 27 King
County, WA.
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RND ALSO ccc�N.r�
214
The north 20.00
feet
of Tract 9 R.O. Smiths Orchard Tracts to Kent
Vol. 12 page 27
King
County, WA.
RNI) ALSO
The north 20.00
feet
of Tract 10 R.O. Smiths Orchard Tracts to Kent
oVol.
12 page 27
King
County, WA EXCEPT the west 186.00 feet thereof.
RKO ALSO
The north 20.00 feet of the west 66.00 feet of Tract 10 R.O. Smiths
l� Orchard Tracts to Kent Vol. 12 page 27 King County, WA.
RN D ALSO
The north 20.00 feet of the east 120.00 feet of the west 186.00 feet
of Tract 10 R.O. Smiths Orchard Tracts to Kent Vol. 12 page 27 King
County, WA.
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RND ALSO ccc�N.r�
214
l_ The north 20.00 feet of the east 25.00 feet of Tract 11 R.O. Smiths
r�> orchard Tracts to Kent Vol. 12 page 27 King County, WA.
1ND ALSO
The north 5.00 feet of the west half of the west half of the
southwest quarter of the northwest quarter of the northeast quarter
of Section 20 Township 22 North Range 4 E, W.M. King County WA.
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RO ALSO
The north 5.00 feet of the west 128.00 feet of the west 2 acres of
the southeast quarter of the northwest quarter of the northeast
quarter of Section 20, Township 22 N, Range 5 East, W.M., King
County WA.
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RN D ALSO
0 The north 5.00 feet of the southeast quarter of the northwest
quarter of the northeast quarter of Section 20, Township 22 N, Range
5 East, W.M., King County WA;
,A EXCEPT the west 128.00 feet;
++, AND EXCEPT the east 384 feet thereof.
�}�lp ALS0
The north 5.00 feet of Lot 2 King County Short Plat No. 881086
recorded under Auditors File No. 8112110601 being a portion of the
southeast quarter of northwest quarter of northeast quarter in
Section 20, Township 22 North, Range 5 East, W.M. King County, WA.
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HND ALSO
The north 5.00 feet of of the following:
The east 128 feet of the southeast quarter of the northwest quarter of
the northeast quarter of Section 20, Township 22 North, Range 5 East,
W.M., in King County, Washington;
' EXCEPT the west 98 feet of the east 128 feet of the south 215 feet
of the southeast quarter of the northwest quarter of the northeast
quarter ;of Section 20, Township 22 North, Range 5 East, W.M., in
lv) King County, Washington;
�j EXCEPT the south 30 feet conveyed to King County for road by deed
recorded under Recording Number 2569132;
(ALSO KNOWN AS a portion of Kent Lot Line Adjustment No. LL -89-32
recorded under Recording Number 8912010532).
HND ALSO (c6NT)
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The north 20.00 feet of the east 25.00 feet of Tract 11 R.O. Smiths
Orchard Tracts to Kent Vol. 12 page 27 King County, WA.
TOGETHER WITH A TEMPORARY CONSTRUCTION EASEMENT over the west 20.00
\ feet of the east 45.00 feet of the north 45.00 feet and over the
south 25.00 feet of the north 45.00 feet of the east 25.00 feet of
said Tract 11. Said TEMPORARY EASEMENT shall remain in full force
and affect until the storm drainage system is constructed and
M accepted by the Kent City Council. Any construction shall be
O accomplished in such a manner that the existing improvements and
N land contours existing in the easements shall not be disturbed or
destroyed, or in the event that they are disturbed or destroyed,
they will be replaced in as good a condition as they were
immediately before the property was entered upon by the Grantee.
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