HomeMy WebLinkAbout3176THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Repealer. Ordinance 3139 of the City of
Kent, passed on October 19, 1993, is hereby REPEALED in its
entirety.
Section 2. The City of Kent ("City") authorizes the',
acquisition by negotiation or condemnation of certain real property',
and property rights located in King County, Washington. A legal',
1
t
/7
ORDINANCE NO.
AN ORDINANCE of the City of Kent,
the acquisition byn
for
ton, providing
V
negotiation or condemnation of an easement for
street purposes over certain property in order
to construct, operate and maintain the
extension, improvement, alteration and
v
widening of South 196th Street between East
t�
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Valley Highway and Orillia Road in the City of
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Kent; providing that special benefits to the
C�
owner's remaining property resulting from the
proposed improvements shall be offset against
t
the value of the property and property rights
acquired and against any damages to the
remainder property; providing that the amount
of just compensation, if any, in excess of the
net special benefits to the owner's remaining
property shall be paid out of the 196th
Street --West Valley to East Valley Project
'
Fund; all of said property being located
within the City of Kent, King County,
Washington.
THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Repealer. Ordinance 3139 of the City of
Kent, passed on October 19, 1993, is hereby REPEALED in its
entirety.
Section 2. The City of Kent ("City") authorizes the',
acquisition by negotiation or condemnation of certain real property',
and property rights located in King County, Washington. A legal',
1
description of the property to be acquired is attached as Exhibit`,
j A and incorporated herein by this reference. The specific details
concerning the lands being herein condemned may be found within .I
those certain maps, drawings and specifications pertaining to the
City's South 196th Street Corridor project between Station 107+10',
(east) and Station 124+80 (west), which are now of record and on',
file in the City's Public Works Department.
Section 3. The public convenience, use and necessity'
demand that the City acquire an easement across the property',
described in Exhibit "A" for street purposes, which purposes shall'
include all acts necessary to construct, operate and maintain the
extension, improvement, alteration and widening of South 196th
Street, including improvements for drainage, curbs and gutters,
sidewalks, 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.
Section 4. The City shall take possession of the
property described in Exhibit "A" only after just compensation has
first been made or paid into court for the owner or owners in the
manner prescribed by law.
Section 5. The City shall offset special benefits to the
owner's remaining property resulting from the South 196th Street
Corridor project against the value of the property and property,
rights acquired and against any damages to the owner's remaining'
property. The amount of just compensation, if any, in excess of',
the net special benefits to the owner's remaining property andl
property rights shall be paid by the City from the City's 11196thil
Street --West Valley to East Valley Project Fund," or from any of''
the City's general funds, if necessary, as may be provided by law.
2
Section 6. As a condition of the acquisition of the;
property and property rights described in Exhibit "A" by�
condemnation, the City will not subject the Property to any special
assessments (specifically special assessments through the City's%
proposed LID 340 and 341) arising from any of the proposed
improvements resulting from this project.
Section 7. The City authorizes and directs the City 'I
Attorney to commence those proceedings provided by law that are
necessary to condemn the Property. In commencing these'
condemnation procedures, the City authorizes the City Attorney to,,,
Ji enter into stipulations or agreements in order to minimize damages,
reements may include, but not be limited
r� which stipulations or ag
ato, size and dimensions of the property and property rights
0 condemned, construction easements and other property interests.
® Section 8. Any acts consistent with the authority and
prior to the effective date of this Ordinance are ratified and
confirmed.
Section 9. 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 10. This Ordinance shall take effect and be in:
force five (5) days from and after its passage, approval and,
publication as provided by law.
3
ATTEST:
BRENDA JACOBER, TY CLERK
APPROVED AS •FORM:
14
_ n•- _���
'• �`
PASSED the
APPROVED the
PUBLISHED the
day of
., 19.E
day of ` 19
day of r 199
I hereby certify that this is a true and correct copy of
Ordinance No. 311L passed by the City Council of the City of
Kent, Washington, and approved by the Mayor of the City of Kent
hereon indicated.
BRENDA JACOBER,// Y CLERK
CONDEM10.pwk
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EXHIBIT A
LEGAL DESCRIPTION FOR
SOUTH 196TH STREET RIGHT-OF-WAY
THRU KINGSPORT INDUSTRIAL PARK
THE CITY SHALL ACQUIRE THE FOLLOWING -DESCRIBED PORTION OF TRACT "X":
THAT PORTION OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF SECTION 1,
TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, AND
DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WEST LINE OF 81ST AVENUE SOUTH AND THE
NORTH LINE OF SOUTH 196TH STREET AS ESTABLISHED BY DEED RECORDED UNDER
RECORDING NO. 5345763;
THENCE NORTH 88022'45" WEST ALONG THE EXTENSION OF THE NORTH LINE OF SOUTH
196TH STREET A DISTANCE OF 442.23 FEET TO THE WEST LINE OF THE EAST 1274.64
FEET OF THE NORTHEAST QUARTER OF SAID SECTION 1;
IN -THENCE NORTH 01°08'30" EAST ALONG SAID WEST LINE A DISTANCE OF 22.27 FEET;
RI- THENCE NORTH 88°08'39" WEST A DISTANCE OF 735.06 FEET TO THE WEST LINE OF
Q THE EAST 2009.64 FEET OF THE NORTHEAST QUARTER OF SAID SECTION 1;
N THENCE NORTH 01008'30" EAST ALONG SAID WEST LINE A DISTANCE OF 1.51 FEET;
0 THENCE NORTH 88°08'39" WEST A DISTANCE OF 47.17 FEET;
P% THENCE NORTH 89°4944" WEST A DISTANCE OF 102.50 FEET;
C) THENCE NORTH 88008'39" WEST A DISTANCE OF 281.32 FEET TO A TANGENT CURVE TO
THE RIGHT HAVING A RADIUS OF 1165.05 FEET;
THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0800441" AN ARC DISTANCE
OF 165.43 FEET TO THE EASTERLY MARGIN OF THE NORTHERN PACIFIC RAILROAD
RIGHT-OF-WAY AS CONVEYED BY DEED RECORDED UNDER RECORDING NO. 6239441, IN
KING COUNTY, WASHINGTON;
THENCE SOUTH 06003'07" EAST ALONG SAID MARGIN A DISTANCE OF 38.29 FEET TO
THE NORTH LINE OF THAT PARCEL OF LAND CONVEYED TO THE CITY OF KENT RECORDED
UNDER RECORDING NO. 9209111120, IN KING COUNTY, WASHINGTON;
THENCE SOUTH 880224511 EAST ALONG SAID NORTH LINE A DISTANCE OF 532.56 FEET;
THENCE SOUTH 02057'20" WEST A DISTANCE OF 60.02 FEET;
THENCE SOUTH 88022'45" EAST A DISTANCE OF 56.73 FEET TO A NON -TANGENT CURVE
CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 53.00 FEET THE CENTER OF WHICH
BEARS SOUTH 39037'15" EAST;
THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 41°28' 36" AN ARC DISTANCE
OF 38.37 FEET.
THENCE SOUTH 88008'39" EAST A DISTANCE OF 596.31 FEET TO A TANGENT CURVE TO
THE RIGHT HAVING A RADIUS OF 3993.00 FEET;
THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02004'04" AN ARC DISTANCE
OF 144.11 FEET;
THENCE SOUTH 86004'35" EAST A DISTANCE OF 356.66 FEET TO A TANGENT CURVE TO
THE RIGHT HAVING A RADIUS OF 50.00 FEET;
THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE 87052'20" AN ARC DISTANCE
OF 76.68 FEET;
THENCE NORTH 01047'45" EAST A DISTANCE OF 116.93 FEET TO THE POINT OF
BEGINNING.
EXHIBIT A - PAGE 1 OF 4
TRACT "X"
THE FOLLOWING LEGAL DESCRIPTION OF TRACT "X" DESCRIBES, IN TWO PARTS
(PARCEL "A" & PARCEL"B"), THE ENTIRE PARCEL FROM WHICH THE CITY SHALL
ACQUIRE THE ABOVE-DESCRIBED PROPERTY AND PROPERTY RIGHTS:
PARCEL A:
That portion of the northeast quarter of Section 1, Township 22
North, Range 4 East, W.M., in King County, Washington, described as
follows:
Beginning at a point on the south line of said subdivision distant
north 88012147" west 1,230 feet from the intersection of said south
line with the west line of 81st Avenue South as established by deed
recorded under Recording Number 5345763;
thence north 1047149" east parallel with said 81st Avenue South, a
distance of 1,227.78 feet to the westerly prolongation of the north
0 line of South 196th Street, as described in instrument recorded
N under Recording Number 5345763;
0 thence north 88023107" west along the westerly prolongation of said
(� north line 538.14 feet, more or less, to the easterly line of the
Q Northern Pacific Railway right-of-way as conveyed by deed recorded
under Recording Number 6239441;
thence southerly along said easterly line to the south line of said
subdivision;
thence south 88012147" east 378.98 feet, more or less, to the point
of beginning;
EXCEPT therefrom that portion lying southerly of the centerline of
the Burlington Northern Railway track as shown in deed recorded
under Recording Number 6425890;
ALSO EXCEPT therefrom the north 600.00 feet of the south 967.00 feet
of the east 210.00 feet of said above described land;
ALSO EXCEPT therefrom that portion conveyed to the City of Kent by
deed recorded under Recording Number 9209111120 described as follows:
Commencing at the northeast corner of said parcel;
thence north 88022145" west along the north line of said parcel a
distance of 5.58 feet to the point of beginning;
thence south 2057'20" west 202.22 feet;
thence north 88009151" west 107.29 feet to the beginning of an arc
of a curve to the right having a radius of 436.61 feet;
thence westerly along said curve through a central angle of
32051145" an arc distance of 250.42 feet;
thence south 86036'52" west 164.95 feet to the westerly line of said
parcel (said westerly line also being the easterly margin of the
Northern Pacific Railroad right-of-way as conveyed by deed recorded
under Recording Number 6239441, in King County, Washington);
(Tract "X" Legal Description, continued)
EXHIBIT A - PAGE 2 OF 4
(TRACT "X" --Legal Description continued)
thence north 6003107" west along said line and margin a distance of
146.71 feet to the northwest corner of said parcel;
thence south 88022145" east along the north line of said parcel a
distance of 532.56 feet to the point of beginning.
Said above described land, being a portion of Lots 1 and 2,
Kingsport Industrial Park Short Plat, recorded under Recording
Number 7901020705;
(NOW KNOWN AS a portion of Lot 1, Revised Kingsport Industrial Park
Short Plat (Kent Short Plat 78-39) recorded under Recording Number
8104140726)
PARCEL B:
That portion of the northeast quarter and of the northwest quarter
of Section 1, Township 22 North, Range 4 East, W.M., in King County,
Washington, described as follows:
Beginning at the intersection of the south line of said subdivision
with the west line of 81st Avenue South as established by deed
recorded under Recording Number 5345763;
thence north 88012147" west along said south line 1,230 feet;
thence north 1047149" east parallel with the west line of said 81st
Avenue South 325.78 feet to the TRUE POINT OF BEGINNING of this
description;
thence south 88023107" east parallel with the north line of the
south half of said northeast quarter 1,230 feet to the west line of
said 81st Avenue South;
thence north 1047'49" east 902 feet to the north line of South 196th
Street as established by deed recorded under Recording Number
5345763;
thence north 88023107" west along said north line and its extension
thereof 442.29 feet to the west line of the east 1,274.64 feet of
said subdivision;
thence north 1008122" east along said west line 340 feet to the
north line of the south 220.94 feet of the north half of said
northeast quarter;
thence north 88023107" west 1,093.15 feet to the southwest corner of
the north 31 feet of the south 251.94 feet of the east 1,050 feet of
the northwest quarter of the northeast quarter of said Section 1;
thence north 1008122" east 31 feet to the north line of the south
251.94 feet of the north half of said northeast quarter;
thence along said north line north 88023'07" west 279.50 feet, more
or less, to the east line of the Northern Pacific Railway
right-of-way as described in deed recorded under Recording Number
6239441;
(Tract "X" Legal Description, continued)
EXHIBIT A - PAGE 3 OF 4
(TRACT 11V --Legal Description continued)
thence southerly along said easterly line 374.34 feet, more or less,
to the westerly prolongation of the north line of said South 196th
Street;
thence south 88023'02" east 538.14 feet, more or less, to a point
which bears north 1047149" east from the TRUE POINT OF BEGINNING;
thence south 1047149" west 260.78 feet to the north line of the
south 967.00 feet of said northeast quarter;
thence along said north line north 88012147" west 210.00 feet;
thence south 1047149" west 600.00 feet;
thence south 88012147" east 210.00 feet;
thence south 1047149" west 41.22 feet, more or less, to the TRUE
POINT OF BEGINNING.
(End of Tract "X" Legal Description)
O
N
C)The easement being herein condemned contains an area of 99,328 square feet
M (2.28 acres), more or less, the specific details concerning all of which
Omay be found within those certain maps, drawings and specifications
pertaining to the City's South 196th Street Corridor project between
Station 107+10 (east) and Station 124+80 (west), which are now of record
and on file in the City's Public Works Department.
ALSO TOGETHER WITH the right to enter upon respondents' remaining land,
where necessary, to:
(1) construct, reconstruct, remove and replace driveways and road
approaches;
AND/OR
(2) remove improvements, if any, located wholly or partially upon the
right of way.
END OF EXHIBIT "A"
CONDEM I l .pwk
EXHIBIT A - PAGE 4 OF 4
CATV OF .-�'�.r f
,Jim White, Mayor
August 17, 1994
King County Records & Elections
Records Section
500A King County Administration Building
Seattle, Wa 98104
To Whom It May Concern:
Our Purchase Order No. 110708 was recently sent to you
for recording City of Kent Ordinance Nos. 3173 and 3176.
Unfortunately, copies of the ordinance were mailed with
the purchase order rather than the originals.
Therefore, I need to re-record both ordinances. The
original ordinances and Purchase Order No. 114302 are
enclosed for that purpose.
Thank you.
Sincerely,
Brenda Jacober, MC
City Clerk
BJ: encl.
P.S. In case you need to know, the others were recorded
under numbers 9408040708 and 9408040733
rtulj ms's C?`fGg09G 90 �L�0G�C)q79
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