Loading...
HomeMy WebLinkAbout296691,'04: ' 1 ? #0798 RECFEE 2.00 RECD F 20.00 CASHEL *-4.22. 00 ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, providing for the acquisition of an easement for street purposes over certain properties in order to improve, alter and widen the East Valley Highway between 192nd and South 180th Streets; providing for the payment thereof as a cost of the City's Local Improvement District No. 336; and providing for the condemnation of such property rights as necessary therefore; all of said properties located within King County, Washington. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City of Kent ("City") authorizes the acquisition by condemnation of ten parcels of real property, Parcel Nos. 137862-2, 137863-4, 137864-6, 137865-7, 137866-14 & 15, 137867-16, 137868-19, 137869-20, 137870-23, and 137871-24, together with all rights, privileges and other property perta thereto, all located in King County, Washington, and legally described in Exhibits A -J which are attached hereto and incorporated herein by this reference (hereinafter the "Properties"). Section 2. The public convenience, use and necessity demand that the City condemn, appropriate, take and damage the Properties for street purposes, which purposes shall include all acts necessary to complete the improvement, alteration and widening of the East Valley Highway between 192nd and South 180th Streets as designated in the City's Local Improvement District No. 336, 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 on the Properties. Section 3. The City shall condemn the Properties only after just compensation has first been made or paid into court f 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 througr the City's Local Improvement District No. 336, or from any of the City's general funds, if necessary, as may be provided by law. Section 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 condemnation proceedings, the City authorizes the City Attorney enter into stipulations in order to minimize damages, which stipulations may include, but not be limited to, size and dimensions of the Properties condemned, construction easements other property interests. Section 6. Any acts consistent with the authority and prior to the effective date of this Ordinance and ratified and confirmed. - 2 - Section 7. This Ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication as provided by law. , KELLEHER, MAYOR ATTEST: DA JACOBER, DEPU�Y CITY CLERK APPROVED AS TO FORM: A.'LUBOVICH PASSED the �� day of �C£ ,ti C� , 1991. APPROVED the day of C , 1991. PUBLISHED the day of 1991. /I/ hereby certify that this is a true copy of Ordinance No. (\�" �) , passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereo indicated. .C�r�SEAL) BRENDA JACOBER, EPUTY CITY CLI 9370-330 - 3 - `` EXHIBIT A PARCEL #137862-2 That portion of the north half of the southeast quarter of the northwest quarter of Section 31, Township 23 North, Range 5 East, W.M., in King County, Washington, lying west of the westerly margin of highway as conveyed to the State of Washington by deed recorded under Recording Number 3960406; EXCEPT the north 30 feet conveyed to King County for South 180th Street (Southwest 43rd Street) by deed recorded under Recording Number 2660649; AND EXCEPT that portion thereof condemned for widening South 180th Street in King County Superior Court Cause Number 81-2-08117-7; AND EXCEPT that portion of the north half of the southeast quarter of the northwest quarter of Section 31, Township 23 North, Range 5 East, W.M., in King County, Washington, described as follows: Beginning at a point on the south line of south 180th Street as conveyed to King County for road by deed recorded under Recording Number 2660649, which is 300 feet westerly of the intersection with the westerly margin of East Valley Highway as conveyed to State of Washington by deed recorded under Recording Number 3960406; thence south 89° 4113" east along said margin of south 180th Street 300.00 feet to said westerly margin of East Valley Highway;) thence south 37°10155" west along said westerly margin 300.00 feet' thence north 52049105" west 60.00 feet; thence north 25°56139" west 164.18 feet to a point which bears south 0055147" west a distance of 60.00 feet from the point of beginning; thence north 0°55147" east 60.00 feet to the point of beginning; AND EXCEPT beginning at a point 30 feet south of the northwest corner of the north half of the southeast quarter of the northwest quarter of Section 31, Township 23 North, Range 5 East, W.M., in King County, Washington; thence east along a line 30 feet south and parallel to the north line of said north half to a point 200 feet east of the point of beginning; thence southerly 217.8 feet along a line parallel with the west boundary of said north half; thence westerly a distance of 200 feet along a line parallel with the north boundary of said north half to the west line of said section; thence northerly along the said west line to the point of beginning. - 4 - EXHIBIT B PARCEL #137863-4 The fractional southwest quarter of the northwest quarter in Section 31, Township 23 North, Range 5 East, W.M., in King County, Washington; EXCEPT that portion thereof as conveyed to Mazda Motors of America, Inc., by deed recorded under Recording Number 7307060067 (now Short Plat Number SPC -76-21, recorded under Recording Number 7611010659); AND EXCEPT that portion thereof conveyed to the City of Kent for municipal purposes by deed recorded under Recording Number 8302090022; AND EXCEPT that portion thereof for South 180th Street by deed 8104160486; AND EXCEPT that portion thereof AND EXCEPT that portion thereof AND EXCEPT the west 10.00 feet ALSO as conveyed to the City of Kent recorded under Recording Number for Primary State Highway Number 5 for South 180th Street; thereof of the remainder. The West 10.00 feet of the fractional southwest quarter of the northwest quarter (Government Lot 2) in Section 31, Township 23 North, Range 5 East, W.M., in King County, Washington; EXCEPT that portion thereof for South 180th Street; being more particularly described as follows: Beginning at the southwest corner of the fractional southwest quarter (Government Lot 2) of the northwest quarter of Section 31, Township 23 North, Range 5 East, W.M., in King County, Washington; thence north 02°04118" east along the westerly line of said subdivision a distance of 1,286.06 feet to a point on the southerly margin of South 180th Street; thence south 89002151" east along said southerly margin a distance of 10.00 feet to the northwest corner of City of Kent Short Plat Number SPC -76-21, recorded under Recording Number 7611010659; thence south 02°04118" west along the westerly line of said short plat a distance of 669.00 feet; thence south 89°30121" east along the southerly line of said short plat a distance of 860.62 feet; thence north 46°00139" east along said short plat boundary a distance of 59.40 feet; thence north 01°00139" east along the easterly line of said short plat a distance of 416.24 feet to the southwest corner of that portion of land conveyed by instrument recorded under Recording Number 8302090022; - 5 - EXHIBIT B (CONTINUED) PARCEL #137863-4 thence south 88°36125" east along the southerly line of said conveyed parcel a distance of 75.38 feet to a point on the east line of Government Lot 2; thence south 01006108" west, a distance of 1,028.10 feet to a point which is the intersection of the east line of Government Lot 2 with the northwesterly margin of the East Valley Highway; thence south 37°11123" west along said northwesterly margin a distance of 66.42 feet to a point on the south line of Government Lot 2; thence north 89°02105" west along said south line a distance of 958.54 feet to the point of beginning. EXHIBIT C PARCEL #137864-6 Lot 1, City of Kent Short Plat Number SPC -80-8 recorded under Recording Number 8004220852, said Short Plat being a portion of Government Lot 3 in Section 31, Township 23 North, Range 5 East, W.M., in King County, Washington. - 7 - EXHIBIT D PARCEL #137865-7 The South 200 feet of the north 700 feet of Government Lot 3 in Section 31, Township 23 North, Range 5 East, W.M., in King County, Washington, lying westerly of State Highway No. 5 as conveyed to the State of Washington by deeds recorded under Recording Numbers 3906286 and 3906281. - 8 - EXHIBIT E PARCEL #137866-14 & 15 That portion of the southeast quarter of the southeast quarter of Section 36, Township 23 North, Range 4 East, W.M., in King County, Washington, lying northerly of Springbrook County Road, easterly of Kent -Renton County Road No. 373, and westerly of Renton-Orillia Road, now known as 84th Avenue South; EXCEPT the north 420.5 feet thereof. ALSO That portion of the south half of the southeast quarter of the southeast quarter of Section 36, Township 23 North, Range 4 East, W.M., in King County, Washington, described as follows: Commencing at the southeast corner of said subdivision; thence west 48 feet to the west line of a 60 foot road, State Highway No. 5; thence north along said west line 405 feet, more or less, to the center line of a stream known as "Springbrook," which is the TRUE POINT OF BEGINNING; thence north along said west line 40.25 feet, more or less, to th south line of a 60 foot county road; thence north 71°06' west along said south line 118.65 feet; thence north 83°27' west along said south line 166.10 feet; thence along compound curve to the right which follows the southwest boundary of said 60 foot county road, a distance of 231.45 feet, more or less, to an intersection with the north boundary line of the south half of the southeast quarter of the southeast quarter of said Section 36; thence westerly along said north boundary line of distance 163 feet, more or less, to the center line of said Springbrook; thence southeasterly and easterly along center line of said Springbrook as now located, a distance of 660 feet, more or less, to the TRUE POINT OF BEGINNING; EXCEPT a triangular tract described as follows: Beginning at the intersection of the west line of Springbrook County Road and the north line of the south half of the southeast quarter of the southeast quarter of Section 36, Township 23 North, Range 4 East, W.M., in King County, Washington; thence west 63 feet; thence south 43°40' east 66.75 feet; thence easterly parallel to the northerly line of said subdivision 24.8 feet, more or less, to the westerly line of said Springbrook County Road; EXHIBIT E (CONTINUED) PARCEL #137866-14 & 15 thence northerly along the westerly line of said county road 49.4 feet, more or less, to the POINT OF BEGINNING; AND EXCEPT Right -of -Way for Drainage District No. 1, as disclosed by King County Superior Court Cause No. 32912. - 10 - EXHIBIT F PARCEL #137867-16 That portion of the southeast quarter of the southeast quarter of Section 36, Township 23 North, Range 4 East, W.M., in King County, Washington, described as follows: Beginning at a point on the west marginal line of the Pacific Highway, which is 86 feet north of the south boundary line of said Section; thence north along said west marginal line of Pacific Highway 280 feet, more or less, to the south bank of Springbrook Creek; thence westerly along said south bank 243 feet; thence southeasterly in a straight line 441 feet, more or less, to the point of beginning; EXCEPT that portion thereof lying south or southeasterly from a line drawn at right angles to the Pacific Highway from a point 212 feet northerly along said highway from the southeast corner of said tract; AND EXCEPT right of way for Drainage District No. 1, as disclosed by King County Superior Court Case No. 32912; AND Lot 2, City of Kent Short Plat Number SPC -84-2 recorded under King County Recording Number 8404180794, being a revision of City of Kent Short Plat Number SPC -82-6 recorded under King County Recording Number 8303040498; EXCEPT that portion thereof lying westerly of the following described line: Beginning at a point on the south line of said Lot 2 distant south 88°09152" east 305.47 feet from the southwest corner of said Lot 2 thence north 1°47127" east 180 feet, more or less, to the north line of said Lot 2; AND EXCEPT right of way for Drainage District No. 1, as disclosed by King County Superior Court Case No. 32912. ALSO That portion of the southeast quarter of the southeast quarter of Section 36, Township 23 North, Range 4 East, W.M., in King County, Washington, lying south or southeasterly from a line drawn at right angles to the Pacific Highway from a point 212 feet northerly along said highway from the southeast corner of the following described tract: Beginning at a point on the west marginal line of the Pacific Highway, which is 86 feet north of the south boundary line of said Section; EXHIBIT F (CONTINUED) PARCEL #137867-16 thence north along said west marginal line of Pacific Highway 280 feet, more or less, to the south bank of Springbrook Creek; thence westerly along said south bank 243 feet; thence southeasterly in a straight line 441 feet, more or less, to the point of beginning. - 12 - EXHIBIT G PARCEL #138855-19 That portion of Government Lot 4, Section 31, Township 23 North, Range 5 East, W.M., in King County, Washington, described as follows: Beginning at a monument set by King County at the southwest corner of said Section 31; thence north along a line parallel to centerline of a 20 foot pavement, a distance of 391.16 feet to an iron pipe which is the TRUE POINT OF BEGINNING; thence south parallel to the centerline of said pavement 314.90 feet to iron pipe; thence east 256.30 feet to iron pipe; thence north 4006' east 129.23 feet to iron pipe set for a witness corner; thence north 4°06' east 11 feet to center of stream known as "Springbrook"; thence north 56°42' west 318.70 feet along said centerline of Spring Brook, to the TRUE POINT OF BEGINNING; EXCEPT portion thereof conveyed to King County for road purposes by deed recorded under King County Recording Number 1132969. - 13 - PARCEL #138856-20 Lot 2, Short Plat SP 7705190742; EXCEPT the east 200 of Government Lot 4 East, W.M., in King OD 0 T4 T4 M EXHIBIT H 77-6, recorded under Recording Number feet thereof, said Short in Section 31, Township County, Washington. - 14 - Plat being a portion 23 North, Range 5 EXHIBIT I ,PARCEL #137870-23 Lots 1, 2 and 3, City of Kent Short Plat No. SPC -80-1, recorded under King County Recording Number 8003250708, being a portion of Government Lot 3, Section 31, Township 23 North, Range 5 East, W.M., in King County, Washington. j ALSO Lot 1, City of Kent Short Plat No. SPC -80-2, recorded under King County Recording Number 8004010607, being a portion of the northeast quarter of the southwest quarter of Section 32, Township 23 North, Range 5 East, W.M., in King County, Washington; TOGETHER WITH an easement for ingress and egress over and across the north 30 feet of Lot 4, City of Kent Short Plat No. SPC -80-1, recorded under King County Recording Number 8003250708, being a portion of Government Lot 3, Section 31, Township 23 North, Range 5 East, W.M., in King County, Washington; AND TOGETHER WITH an easement for ingress and egress over and across the north 30 feet of Lot 4, City of Kent Short Plat No. SPC -80-2, recorded under King County Recording Number 8004010607, being a portion of the northeast quarter of the southwest quarter of Section 31, Township 23 North, Range 5 East, W.M., in King County, Washington. - 15 - EXHIBIT J PARCEL #137871-24 That portion of the south half of the southeast quarter of the northwest quarter of Section 31, Township 23 North, Range 5 East, W.M., in King County, Washington, lying easterly of the southeast margin of East Valley Highway (Formerly known as Renton-Orillia Road) as conveyed to King County by deeds recorded under King County Recording Numbers 1132966 and 1146650; EXCEPT the north 10 acres thereof; AND EXCEPT that portion thereof conveyed to the State of Washington by deed recorded under King County Recording Number 5295672, for Primary State Highway Number 5; AND ALSO EXCEPT that portion thereof, conveyed to the City of Kent by deed recorded under King County Recording Number 8603030168, for municipal purposes. - 16 -