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HomeMy WebLinkAbout2536. ....... ,.k PECD if SSJ.................... .». ..... F_.{tY i IL }_ 7r 71 -173 . y.. z+ r ORDINANCE NO. ----N AN ORDINANCE of the City of Kent, Washington providing for the laying off, opening and widening of portions of North < Central Avenue from James Street to South 228th Street, within the City of Kent; providing for the condemnation, appropriation, taking and damaging of land and other property necessary therefor, including property and property rights necessary for cut and fill slopes on certain abutting properties; all as part of the North Central Street Improvement [North Central Street Improvements]. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The public convenience, use and necessity demand that North Central Avenue from James Street to South 228th Street be and the same is hereby laid off, opened, widened and established over and across real property in the City of Kent, King County, Washington, as set forth and described more particularly in Exhibit A, attached hereto and incorporated herein by this reference. Section 2. That all lands, rights, privileges and other property lying within the limits of the lots, blocks and tracts of land described in Section 1 hereof are hereby condemned, appropriated, taken and damaged for the purpose of a public street; and lands, rights, privileges and other property necessary to be taken, used or damaged in the grading of North Central Avenue and in the construction of necessary slopes for cuts and fills on the real property abutting upon said street, as set forth in Section 1 hereof, are hereby condemned, appropriated, taken and damaged for the public use of such purposes, and all lands, rights, privileges and other properties are to be taken, damaged and appropriated only after just compensation has been made or paid into the court for the owners thereof in the manner provided by law. Section 3-. That the entire cost of the acquisitions provided for by this ordinance shall be paid by Urban Arterial Trust Funds, Local Improvement Fund - District No. 318, and the General Fund of the City of Kent, or such other funds of the City of Kent as may be provided by law. Section 4. The City Attorney be and he is hereby authorized and directed to begin and prosecute the actions and proceedings in a manner provided by law to condemn, take, damage and appropriate the lands and other property necessary to carry out the provisions of this ordinance. Section 5. In conducting said condemnation proceedings, the City Attorney is hereby authorized to enter into stipulations for the purposes of minimizing damages; such stipulations to include, but not be limited to, size and dimensions of the taking, construction easements and other property interests. Section 6. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication as provided by law. ISABEL HOGAN, MAYOR ATTEST: MARIE JENSEN,, ITY CL RK APPROVED AS TO FORM: 4'2Z� Vol.'STHEN DiJULI CITY ATTORNEY PASSED the �Z' day of fir— 1985. APPROVED the _L - day of �'�-- 1985. PUBLISHED the day of 1'=r"�' 1985. - 2 - I hereby certify that this is a true copy of Ordinance No.,�2310 , passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereo indicated. 2310-100 ( SEAL ) MARIE JE21S N, -CITY CLERK r t �t n - 3 - 1 of 7 "Exhibit A" Legal Description L.I.D. #318 Condemnation Ordinance 77794-1 That portion of the southeast quarter of the southeast quarter of Section 13, Township 22 North, Range 4 East, W.M., in King County, Washington, described as follows: Beginning at the northwest corner of the east 33 feet of the south 204 feet of said subdivision, said point beginning on the west line of Central Avenue; thence north 88°36'28" west, parallel with the south line of said subdivision 30 feet; thence south 1°25'04" westd parallel with the east line of said sub- division 4.0 feet; thence north 88 36'28" west 76 feet; thence south ;°25'04 west 4.00 feet; thence north 88°36'28" wes� 52.0 feet; thence south 46 24113" west 9.90 feet to a point distant north 88 4'56" west 165 feet from the west line of said Central Avenue; thence south 1 25'04" west 127.39 feet tothe northerly line of James Street as condemned in King County Superior Court Cause No. 706251; thence south 86°05'10" east along said north8rly line 150.14 feet to an angle point in said northerly line; thence north 28 4686" east 32.66 feet to the west line of said Central Avenue; thence north 1 25'04" east 120.00 feet to the point of beginning; 77795-2 ("All) "All) ALSO the north 78 feet of the south 243 feet of the southeast quarter of the southeast quarter of Section 13, Township 22 North, Range 4 East, W.M., in King County, Washington; EXCEPT that portion lying easterly of a line 166 feet east of the east line of the Northern Pacific Railway Company right-of-way and west of Central Avenue; EXCEPT that portion lying southerly and easterly of a line beginning on the west line of Central Avenue 204 feet north of the south line of said southeast quarter; then 8e west 30 feet; thence south 4 feet; thence west 52 feet; thence south 46 24'13" west 9.90 feet; thence south to the south line of the north 78 feet and the terminus of said line. ("B") AND ALSO that portion of the southeast quarter of the southeast quarter of Section 13, Township 22 North, Range 4 East, W.M., in King County, Washington, described as follows: Beginning at a point on the east line of the Northern Pacific Railway Company right-of-way 243 feet north of the south line of said section; thence north along said right-of-way 182 feet; thence east 406 feet, more or less, to the County Road, (Central Avenue in the City of Kent); thence south along said road 182 feet; thence west 406 feet, more or less, to the point of beginning; EXCEPT the west 166 feet thereof. 77796-3 AND ALSO beginning at a point in the east marginal line of the right-of-way of the Northern Pacific Railway Company, 425 feet north of the south line of Section 13, Township 22 North, Range 4 East, W.M., in King County, Washington; running thence north along said right-of-way 106 feet; thence east 400 feet, more or less, to the west marginal line of Central Avenue North, in the City of Kent; thence south along said marginal line 106 feet; thence west to the point of beginning; EXCEPT the west 166 feet thereof. 77797-4 AND ALSO that portion of the southeast quarter of the southeast quarter of Section 13, Township 22 North, Range 4 East, W.M., in King County, Washington, described as follows: Beginning on the east line of the Northern Pacific Railway, 531 feet north of the south line of Section 13, said Township and Range; thence north 124 feet; thence east to the west line of Central Avenue in the City of Kent; 2 of 7 thence south along said west line 124 feet; thence west to the point of beginning. 78100-7 ( "All ) AND ALSO that portion of the southeast quarter of the southeast quarter of Section 13, Township 22 North, Range 4 East, W.M., in King County, Washington described as follows: Beginning at a point on the centerline produced of Central Avenue, as laid out in McMillin's Addition to Kent, according to the plat thereof recorded in Volume 7 of Plats, page 58, in King County, Washington, which point is 948.65 feet north from the south line of said Section 13; thence west 30 feet to the west line of said Central Avenue and the true point of beginning; thence con - Z tinuing west 414.8 feet, more or less, to the easterly right-of-way line of IqI the Northern Pacific Railway; thence southerly along said right-of-way line a distance of 194.15 feet to the south line of a tract conveyed to A.J. Gray by ri deed recorded under Recording Number 456634; thence easterly along the south CU line of said Gray tract a distance of 293.8 feet, more or less, to a point 155 feet west of the centerline of said Central Avenue; thence northerly paral- lel with said centerline, 150 feet; thence easterly, parallel with the south line of said Gray tract, 125 feet to the west line of said Central Avenue; thence northerly along said west line 44.15 feet, more or less to the true point of beginning. ("B" ) AND ALSO that portion of the north 97.23 feet of the south 1045.88 feet of the southeast quarter of the southeast quarter of Section 13, Township 22 North, Range 4 East, W.M., King County, Washington, lying east of the Northern Pacific Railroad right-of-way and west of Central Avenue. (IC ) AND ALSO a tract of land in Section 13, Township 22 North, Range 4 East, W.M., in King County, Washington, more particularly described as follows: Beginning at a point of the west marginal line of Central Avenue as the same is projected from the Town of Kent, which point is 1045.89 feet north of the south line of said Section 13, said distance being measured along the said west margin of Central Avenue, said point also Being on the north line of Phipps Tract of land; thence continuing north 1 42'56" east along the said west marginal line of said Central Avenue 225.89 feet to a point which point is 50 feet south of the south line of Geo. J. Gussenburger's Tract of 2 acres; thence north 88°16'50" west parallel to the south line of Geo. J. Ggssenburger's Tract of 2 acres, a distance of 150 feet to a point; thence north 1 42'56" east to a point on the south line of George J. Gussenburger's Tract of 2 acres; thence north 88°16'50" west along the said south line of Gussenburger's Tract 272.33 feet to the east marginab line of the right-of-way of the Northern Pacific Railway; thence south 0 57'50" west along the said marginal line 275.64 feet to the northwest corner of said Phipps Tract; thence south 88°16'50" east along the north line of said Phipps Tract 418.71 feet to the point of beginning. ("D&E") AND ALSO that portion of the southeast quarter of Section 13, Township 22 North, Range 4 East, W.M., in King County, Washington, described as follows: Commencing at a point on the westerly margin of Central Avenue in the Town of Kent, which point is 1271.78 feet north of the south line of said section, said distance being measured along the westerly margin of Central Avenue; thence north 1°42'56" east along the westerly line of said Avenue, a distance of 38 feet to the south line of lands conveyed to Everett Alexander Sipe by deed recorded under Recording Number 1896437, in King County, Washington; thence north 88°19'00" west along said south line, 150 feet; thence south 1°42'56" west 38 feet; thence south 88019100" east 150 feet to the point of beginning. Also beginning at a point in the center of the county road which is 1321.78 feet north of the south boundary line of the southeast quarter of Section 13, Township 22 North, Range 4 East, W.M., in King County, Washington; 3 of 7 thence north 88019' west 452.00 feet, more or less, to the right-of-way of the Northern Pacific Railway; thence north along the east line of said right-of-way 74.1 feet; thence south 88 19' east 453.9 feet, more or less, to the centerline of said county road; thence southerly along the centerline of said county road 74.1 feet, more or less, to the point of beginning; EXCEPT roads; AND ALSO the north 12 feet of the following described tract; commencing at a point on the westerly line of Central Avenue as the same is projected from the Town of Kent, which point is 1271.78 feet north of the south line of Section 13, Township 22 North, Range 4 East, W.M., in King County, Washington, said distancS being measured along said westerly line of Central Avenue; thence north 1 42'56" east along said westerly line of Central Avenue 50 feet to a point on the south line of a two -acre tract formerly owned by George J. Gusenberger; thence north 880191Og" west along said south line of Gusesberger's tract, 150 feet; thence south 1 42'56" west 50 feet; thence south 88 19100" east 150 feet to the point of beginning. 78101-8 AND ALSO that portion of the northeast quarter of the southeast quarter of Section 13, Township 22 North, Range 5 East, W.M., in King County, Washington, described as follows: Beginning at a point in the centerline of County Road known as Central Avenue, 1395.88 feet north of the south line of said section; thence north along said road centerline 117.19 feet, more or less, to an intersection with a line which is parallel with and 1513.07 feet north of the south line of said section; thence north 88016'50" west 450 feet, more or less, to the east line of the Northern Pacific Railway right-of-way; thence algng said right-of-way line, south 0057'50" west 117.49 feet; thence south 88 19' east 453.9 feet to the point of beginning; EXCEPT the easterly 30 feet thereof which lies within the said County Road. 78105-12 AND ALSO that portion of the northeast quarter of the southeast quarter of Section 13, Township 22 North, Range 4 East, W.M., in King County, Washington, described as follows: Beginning at the northeast corner of said subdivision; thence south along the east line of said subdivision 575.63 feet; thence north 81 013'03"west 418.3 feet, more or less, to the northwesterly lins of State Road No. 5 and the true point of beginning; thence continue north 81 13'03" west 276.2 feet, more or less, tg a point 694.51 feet from the east line of said subdivision; thence south 0 36'07" west to the north line of the south 703.4 feet of said subdivi- sion; thence easterly along said north line to the northwesterly line of State Road No. 5; thence northeasterly along said line to the true point of beginning. 78106-13 AND ALSO beginning at a point of intersection of the north line of the south- east quarter of Section 13, Township 22 North, Range 4 East, W.M., in King County, Washington, with the westerly line of State Highway No. 5; thence west along the said north line to an intersection with the east marginal line of the right-of-way of the Northern Pacific Railway Co.; thence south along the said right-of-way 616.6 feet, more or less, to a point which is 703.4 feet north of the south line of the northeast quarter of the southeast quarter of said Section 13; thence east to the west marginal line of the said State Highway No. 5; thence northeasterly along said Highway to the point of beginning; LESS that portion of the northeast quarter of the southeast quarter of Section 13, Township 22 North, Range 4 East, W.M., in King County, Washington, described as follows: Beginning at the northeast corner of said subdivision; thence south along the east line of said subdivision 575.63 feet; thence north 81 13'03" west 418.3 feet, more or less, to the northwesterly line of State Road No. 5 and the true point of beginning; thence north 81 13'03" west 276.2 feet, more or less to a point 694.51 feet from the east line of said subdivision; thence south 0 36'07" west to the north line of the south 703.4 feet of said subdivision; thence easterly, along the said north line to the northwesterly line of State Road No. 5; thence northeasterly along said line to the true point of beginning. 4 of 7 78106-16 ("All AND ALSO that portion of the southeast quarter of the northeast quarter of Section 13, Township 22 North, Range 4 East, W.M., in King County, Washington, described as follows: Beginning at the east quarter corner of said Section 13; thence north, along the east line of said section, a distance of 728.3 feet; thence north 88 56' west, a distance of 30 feet to a goint which is the true point of beginning of this description; thence north 88 56' west a distance of 1290 feet, more or less, to the west lins of said subdivision; thence south, a distance of 328 feet; thence south 88 46' east, a distance of 1290 feet, more or less, to the west line of right-of-way of State Road No. 5; thence north along said west line of State Road No. 5, a distance of 332 feet to the true point of beginning; EXCEPT that portion of the south 300 feet of the above described ,a tract lying easterly of the centerline of the drainage ditch in Drainage a+ District No. 1 as established by instrument recorded under Recording Number 1535119; and EXCEPT that portion condemned for State Road No. 167 by King County Superior Court Cause Number 650447; and EXCEPT that portion deeded to Cj the City of Kent for road by Deed recorded under Recording Number 8111130136. R (11 B" co` 1 AND ALSO the south 300 feet of that portion of the southeast quarter of the northeast quarter of Section 13, Township 22 North, Range 4 East, W.M., in King County, Washington, described as follows: Beginning at the east quarter corner of said Section 13; thence north along the east line of said section, a distance of 728.3 feet; thence north 88°56' west, a distance of 30 feet to a point which is the true point of beginning of this description; thence north 88 56' west a distance of 1290 feet, more or less, to the west line of said subdivision; thence south a distance of 328 feet; thence south 88°46' east, a distance of 1290 feet, more or less, to the west line of right-of-way of State Road No. 5; thence north along'said west line of State Road No. 5, a distance of 332 feet to the true point of beginning; EXCEPT portion thereof lying westerly of the easterly margin of Northern Pacific Railway right-of-way; and EXCEPT that portion lying westerly of the centerline of the drainage ditch in Drainage District No. 1 as established by instrument recorded under Recording Number 1535119; and EXCEPT that portion deeded to the City of Kent for road by Deed recorded under Recording Number 8111130136. CC ) AND ALSO that portion of the southeast quarter of the northeast quarter of Section 13, Township 22 North, Range 4 East, W.M., in King County, Washington, described as follows: Beginning at the east quarter corner of said Section 13; thence north along the east line of said Section 13 a distance of 396.30 feet; thence north 88 56' west 41.5 feet, more or less, to the westerly line 8f State Road No. 5 and the true point of beginning; thence continuing north 88 56' west 209.5 feet, more or less, to a point 251 feet distant from the east line 8f said Section 13; thence south 12 18'30" east 184.70 feet; thence south 88 56' east to the westerly line of State Road No. 5; thence northerly along said westerly line to the true point of beginning. 11 D" ) AND ALSO that portion of the southeast quarter of the northeast quarter of Section 13, Township 22 North, Range 4 East, W.M., in King County, Washington, described as follows: Beginning at the east quarter corner of said Section 13; thence north 0along the east line of said section a distance of 396.30 feet; thence north 88 56 west 251 feet; thence south 12 18'30" east 184.70 feet to the point of beginning of the tract of land herein des8ribed; thence continuing south 12°18'30" east 167.08 feet; thence south 88 56' east 76.0 feet, more or less, to the westerly line of State Highway No. 5; thence northerly along said westerly line to a 5 of 7 pont which is south 88056' east from the true point of beginning; thence north 88 56' west 154.4 feet, more or less, to the true point of beginning. 78110-17 (1111) AND ALSO the east 180 feet of the south 150 feet of the north 575 feet of the southeast quarter of the northeast quarter, Section 13, Township 22 North, Range 4 East, W.M., in King County, Washington; EXCEPT portion deeded to the State of Washington for Primary State Highway No. 5, by deed recorded under Recording Number 5499517. (1211) x AND ALSO the east 240 feet of the south 250 feet of the north 590 feet of the ,z?' southeast quarter of the northeast quarter of Section 13, Township 22 North, O Range 4 East, W.M., in King County, Washington; EXCEPT that portion deeded to the State of Washington by deed recorded under Recording Number 5499517; EXCEPT eq the east 180 feet of the south 150 feet thereof; and EXCEPT County Road. C'7 4 (1311) In AND ALSO Lot 3 of City of Kent Short Plat Number SPC -77-31, recorded under Recording Number 7803240812, being a portion of the southeast quarter of the northeast quarter of Section 13, Township 22 North, Range 4 East, W.M., in King County, Washington. 78112-19 AND ALSO that portion of Government Lot 2, Section 18, Township 22 North, Range 5 East, W.M. in King County, Washington, described as follows: Cgmmencing at the southwest corner of said Government Lot 2; thence north 1 07142" east along the west line of said Government Lot 2 a distance of 915.80 feet; thence north 89045'41" east 30.01 feet to the east line of Primary State Highway Number 5 (84th Avenue South) and the true point of Beginning; thence continuing north 89045'41" east 122.99 feet; thence north 1 07'42" east 170.00 feet; thence south 89 45'41" west 102.09 feet to the east line of said Primary State Highway Number �; thence south 1 07'42" west along sai9 east line 158.00 feet; thence south 89 45'41" west 20.00 feet; thence south 1 07'42" west 12.00 feet to the true point of beginning; 78114-21 ("All) "All) AND ALSO that portion of Government Lot 2, Section 18, Township 22 North, Range 5 East, W.M., in King County, Washington, described as follows: Beginning at a point in the west boundary of said Lot 2, 844.29 feet south of the northwest corner thereof; running thence north 134.29 feet; thence east 1,188 feet, more or less, to the east line of said Lot 2; thence south 134.29 feet; thence west 1,188 feet, more or less, to the point of beginning; EXCEPT the west 30 feet thereof conveyed to King County for road by deed recorded under Recording Number 765055; and EXCEPT that portion thereof lying within the drainage ditch as condemned under King County Superior Court Cause Number 32912; and EXCEPT that portion conveyed to the City of Kent for street pur- poses by deed recorded under Recording Number 7410220026. (11 B" ) AND ALSO that portion of Government Lot 2, Section 18, Township 22 North, Range 5 East, W.M., in King County, Washington, described as follows: Beginning at a point in the west boundary of said Lot 2, 710.00 feet south of th8 northwest corner thereof; running thence north 176.71 feet; thence north 89 45'41" east 1,188 feet, more or less, to the east line of said Lot 2; thence south 126.71 feet; thence south 89045'41" west 1,188 feet, more or less, to the point of beginning; EXCEPT the west 30 feet thereof conveyed to King County for road by deed recorded under Recording Number 765055; and EXCEPT that portion 6 of 7 thereof lying within the drainage ditch as condemned under King County Superior Court Cause Number 32912; and EXCEPT that portion conveyed to the City of Kent for street purposes by deeds recorded under Recording Nubmers 7410220026 and 7411210040. 78115-22 ("All All AND ALSO the south 292.71 feet of Government Lot 2, Section 18, Township 22 North, Range 5 East, W.M., in King County, Washington; EXCEPT the south 40 feet of the east 40 feet thereof; and EXCEPT that portion conveyed to King County for road by deed recorded under Recording Number 791775; and EXCEPT that portion thereof condemned for drainage ditch under King County Superior Court Cause Number 32912. (11B11) AND ALSO the south 183 feet of the north 1027.29 feet of Government Lot 2, Section 18, Township 22 North, Range 5 East, W.M., in King County, Washington; EXCEPT the west 30 feet thereof conveyed to King County for road by deed recorded under Recording Number 763055; and EXCEPT that portion thereof condemned for drainage ditch in King County Superior Court Cause Number 32912; and EXCEPT that portion conveyed to the City of Kent for street purposes by deed recorded under Recording Number 7410220026. 78118-24 AND ALSO those portions of Government Lot 3 and the northeast quarter of the southwest quarter of Section 18, Township 22 North, Range 5 East, W.M., and that portion of the southeast quarter of Section 13, Township 22 North, Range 4 East, W.M., all in King County, Washington, described as follows: C%mencing at the northwest corner of said southwest quarter; thence south 01 30'40" west along the west line of said southwest quarter, a distance of 529.09 feet to the true point of beginning; thence south 88°47'57" east, a distance of 72.41 fest to a point of curvature to the right, the center of which bears south 01 12'03" west, a distance of 50.00 feet; thence along said curve to the right, having a radius of 50.00 feet, through a central angle of 90°18'37", an arc distance of 78.81 feet; thence south O1°30'40" west, a distance of 334.42 flet to a point of curvature to the left, the center of which bears south 88 29'20" east, a distance of 50.00 feet; thence along said curve to the left, having a radius of 50.00 feet, through a central angle of 91°36'41", an arc distance of 79.95 feet; thence north 89°53'59" east, a distance of 1691.30 feet; thence north O1°07'54" east, a distance of 970.00 feet to the north line of said southwest quarter; thence north 89°49'59" east, along said north line, a distance of 639.37 feet to the northeast corner of said southwest quarter; thence south O1 07'54" west, along the east line of said southwest quarter, a distance of 1337.53 feet to the southeast corner of said northeast quarter of the southwest quarter; thence south 89°53'59" west, along the south line of said northeast quarter of the southwest quarter and Government Lot 3, a distance 8 2500.25 feet to the west line of said south- west quarter; thence north O� 30'40" east, along said line, a distance of 674.22 feet; thence north 88 47'57" west, a distance of 442.00 feet more or less to the easterly margin of Primary State Highway No. 5 and North Central Avenue";othence northeasterly along said easterly margin to a point that bears north 88 47'57" west from the point of beginning; thence south 88°47'57" east, a distance of 357.32 feet more or less to the true point of beginning; EXCEPT the south 60.00 feet of the southwest quarter of said northeast quarter of the southwest quarter; and EXCEPT the right-of-way for County Drainage Ditch, as condemned in King County Superior Court Cause No. 32912. 78119-25 AND ALSO that portion of the northeast quarter of the southeast quarter of Section 13, Township 22 North, Range 4 East, W.M., in King County, Washington, described as follows: Beginning at a point on the east line of said Section 13, which point is 660.63 7 of 7 feet south of the northeast corner of said subdivision; thence north 88028'26" west 441.33 feet to the East Marginal line of State Road No. 5; thgnce southwesterly along said east line of 102.48 feet; thence south 88 28'26" east 496.61 feet to the east line of said Section 13; thence north along the east line of said Section 86 feet to the point of beginning; EXCEPT right-of-way for drainage ditch. 78124-30 AND ALSO the west 581.60 feet of the north 59 feet of the south 919.47 feet of the east 736.27 feet of the southeast quarter of the southeast quarter of Section 13, Township 22 North, Range 4 East, W.M., in King County, Washington; EXCEPT such portion thereof lying within Central Avenue. 78126-32 AND ALSO Lots 2 and 4, Block 5, Walmsley's Addition to the City of Kent, according to the plat thereof recorded in Volume 45 of Plats, page 15, in King L�2 County, Washington; C7 Together with adjacent vacated alley; and GO that portion of the north 186 feet of the south 801.47 feet of the southeast quarter of the southeast quarter of Section 13, Township 22 North, Range 4 East, W.M., in King County, Washington, lying easterly of Central Avenue and westerly of the northerly projection of the centerline of State Street. 78127-33 AND ALSO Lots 1 and 3, Block 5, Walmsley's Addition to the City of Kent, according to the plat thereof recorded in Volume 45 of Plats, page 15, in King County, Washington; Together with that portion of the vacated alley lying between said lots.