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ORDINANCE NO. M L'S
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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 intersection of 104th Avenue Southeast and
Southeast 256th Street; providing for the
payment thereof out of any of the City's
Capital Improvement Funds; and providing for
the condemnation of such property rights as
necessary therefor; said properties located
within Sections 20 and 29, Township 22 North,
Range 5 East, W.M., in 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 three parcels of real property,
Parcel Nos. 101487, 118241, and 119582, together with all rights,
privileges and other property pertaining thereto, all located in
King County, Washington and legally described in Exhibits A
through C, 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 intersection of 104th Avenue Southeast and
Southeast 256th Street, including improvements for drainage, curb:
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 for;
;the owner or owners in the manner prescribed by law.
i
Section 4. The City shall pay for the entire cost of they
acquisition by condemnation provided for in this Ordinance from
;the City's Capital Improvement Funds or, if necessary, any of the
City's general funds, 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, construction easements and other
property interests.
Section 6. Any acts consistent with the authority and
prior to the effective date of this Ordinance and ratified and
confirmed.
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.
- 2 -
KELLEHER, MAYOR
ATTEST:
BRENDA JACOBER,
APPROVED AS TO FORM:
A. "LUBOVICH,
CITY CLERK
ATTORNEY
PASSED the 6 day of �( ���-- f� , 1991.
APPROVED the day of 2'LC�� , 1991.
PUBLISHED the day of1991.
I hereby certify that this is a true copy of Ordinance
No. =��L' passed by the City Council of the City of Kent,
Washington, and approved by the Mayor of the City of Kent as herec
indicated.
9300-330
BRENDA JACOB]
- 3 -
LCt (SEAL)
-DEPUTY CITY CLE
That portion of the
southwest quarter of
W.M., in King County,
est half of
Section 20,
Washington,
Beginning at the brass cap monument marking the southwest corner of
the southeast quarter of the
Township 22 North,'Range 5 East,
described as follows:
said subdivision;
thence south 88°38100" east along the southerly line of said
subdivision 220.03 feet;
thence north 2°14'39" east parallel to the westerly line of said
subdivision 30 feet to the northerly margin of Southeast 256th
Street and the TRUE POINT OF BEGINNING;
thence continuing north 2°14'39" east 180.02 feet;
thence north 88°38'00" west 170.02 feet to the easterly margin of
104th Avenue Southeast, as established by deeds to King County
recorded under Recording Numbers 5321324 and 5321325;
thence north 2014'39" east along said margin 393.23 feet;
thence south 88°17'32" east 445.02 feet;
thence south 2°14'39" west 570.60 feet to the northerly margin of
Southeast 256th Street;
thence north 88038'00" west 275.03 feet to the TRUE POINT OF
BEGINNING;
EXCEPT the south 10 feet thereof conveyed to the City of Kent for
street, utility, drainage and municipal purposes by Deeds recorded
under Recording Numbers 7910160761, 7910160762, and 8903170100;
AND EXCEPT that portion thereof described as follows:
Commencing at the southwest corner of said southeast quarter of the
southwest quarter of said Section 20;
thence north 02°14'39" east 391 feet;
thence north 88°38'00" east 50 feet to the TRUE POINT OF BEGINNING;
thence continuing north 02014'39" east 100 feet;
thence south 88°38'00" east 190.31 feet;
thence south 02014'39" west 100 feet;
thence north 88038'00" west 190.31 feet to the TRUE POINT OF
BEGINNING. - L S.O ,'N,,
The north 215 feet of the west 260 feet of the northeast quarter of
the northwest quarter of the northwest quarter of Section 29,
Township 22 North, Range 5 East, W.M., in King County, Washington;
EXCEPT those portions thereof conveyed to the state of Washington
and the City of Kent for road purposes by deeds recorded under
Recording Numbers 2282911, 2739765, 4298129, 7211290093, 7211290094,
7708170759 and 81102 70054 . R NJ) /A L SO
- „ C.,
That portion of the southeast quarter of the southwest quarter of
the southwest quarter of Section 20, Township 22 North, Range 5
East, W.M., in King County, Washington, described as follows:
Beginning at the intersection of the northerly margin of the
Kent -Black Diamond Road (Secondary State Highway No. 5A) with the
westerly margin of the Kent -Renton Road (Secondary
State Highway No.
5C) which point is 30 feet north and 30 feet west
of the southeast
corner of said subdivision;
thence northerly along the westerly margin of said
Kent -Renton Road,
a distance of 120 feet;
thence westerly parallel to the northerly margin of
said Kent -Black
�h
Diamond Road, a distance of 120 feet;
thence southerly parallel to said Kent -Renton Road
a distance of 120
feet to an intersection with the northerly margin
of the Kent -Black
Diamond Road;
thence easterly along the said northerly margin to
the POINT OF
d
BEGINNING;
EXCEPT for that portion taken by the City of Kent,
a municipal
corporation, acquired by right of condemnation for
improving and
widening Southeast 256th Street, pursuant to that
certain Amended
Stipulated Judgment and Decree of Appropriation as
to Parcel 7,
Cause Number 758953 in the Superior Court of King
County,
Washington, dated in open court April 25, 1973;