HomeMy WebLinkAbout2610CI'T'Y OF KENT, WASHINGTON
ORDINANCE NO. C;?%/fl
AN ORDINANCE ordering the street, water main
and
sanitary sewer improvements to 104th Avenue S.E.
(a/k/a Benson Highway) from the S.E. 242nd block
to
the G.E. 252nd block, both inside and outside of
the
City, all in accordance with Resolul.ion No. 1088
of
the City Council; establishing Local Improvement
District No. 321 and ordering the carrying out of
the
proposed improvement; providing that payment for
the
improvement be made in part by special assessments
upon the property in the District, payable by the
mode of "payment by bonds"; and providing for the
Issuance and sale of local improvement district
warrants redeemable in cash or other short-term
financing and local improvement district bonds.
WHEREAS, by Resolution No. 1088 adopted January 6, 1986,
the City Council declared its intention to order the street,
water main and sanitary sewer improvements to 104th Avenue S.E.
(a/k/a Benson Highway) from the S.E. 242nd block to the S.E.
252nd block, both inside and outside of the City, and fixed
February 3, 1986, at 7:00 p.m., local time, in the Council
Chambers of the City Hall as the time and place for hearing all
matters relating to the proposed improvement and all objections
thereto and for determining the method of payment for the
improvement; and
WHEREAS, the Director of Public Works caused an estimate to
be made of the cost and expense of the proposed improvement and
certified that estimate to the City Council, together with all
papers and information in his possession touching the proposed
improvement, a description of the boundaries of the proposed
local improvement district and a statement of what portion of
the cost and expense of the improvement should be borne by the
property within the proposed district; and
WHEREAS, that estimate is accompanied by a diagram of the
proposed improvement showing thereon the lots, tracts, parcels
of land, and other property which will be specially benefited by
the proposed improvement and the estimated cost and expense
thereof to be borne by each lot, tract and parcel of land or
other property; and
WHEREAS, due notice of the above hearing was given in the
manner provided by law, and the hearing was held by the City
Council on the date and at the time above mentioned, and all
objections to the proposed improvement were duly considered and
overruled by the City Council, and all persons appearing at such
hearing and wishing to be heard were heard; and
WHEREAS, the City Council has determined it to be in the
best interests of the City that the improvement as hereinafter
described be carried out and that a local improvement district
be created in connection therewith; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES
ORDAIN as follows:
Section 1. The City Council of the City of Kent,
Washington (the "City"), orders the street, water main and
sanitary sewer improvements to 104th Avenue S.E. (a/k/a Benson
Highway) from the S.E. 242nd block to the S.E. 252nd block as
more fully described in Exhibit A attached hereto and by this
reference incorporated herein.
All of the foregoing shall be in accordance with the plans
and specifications therefor prepared by the Director of Public
Works of the City and may be modified by the City Council as
long as such modification does not affect the purpose of the
improvement.
Section 2. There is created and established a local
improvement district to be called Local Improvement District No.
321 of the City of Kent, Washington (the "District"), the
boundaries or territorial extent of which District being more
particularly described in Exhibit B attached hereto and by this
reference incorporated herein.
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Section 3. The total estimated cost and expense of the
m rovement is declared to be $3,000,000. Approximately
i P and assessed
$403,125 of the cost and expense shall be borne by
against the property specially benefited by such improvement
included
in the District embracing as nearly as practicable al
property specially benefited by such improvement. The remaining
cost and expense shall be paid by the City and State money
available therefor. provisions of RCW
Section 4. In accordance with the use any combination of methods
method or
35.44.047, the City may reflect the
to compute assessments which may be deemed to fairly
special benefits to the properties being assessed.
ection 5. Local improvement district warrants may be
S rovement
issued in payment of the cost and expense of the imp
herein ordered to be assessed, such warrants to be paid out of
Local Improvement Fund, District No. 321, hereinafter
the and,
created and referred to as the Local Improvement Fund,
until the bonds referred to in this section are issued an
delivered to the purchaser thereof, to bear interest from the
d
del the City
ate thereof at a rate to be established hereafter by h and/or
Treasurer, as issuing officer, and to be redeemed in cash
improvement district bonds herein authorized to be d
by local P
such interest-bearing to be hereafter referred
issued, s t -bearing warrants the City here-
to as "revenue warrants." In the alternative,
after may provide by ordinance for the issuance of other short-
term obligations pursuant to Chapter 39.50 RCW.
The City is authorized to issue local improvement district
bonds for the District which shall bear interest at a rate and
to be payable on or before a date to be hereafter fixed by in
ordinance.
The bonds shall be issued in exchange for and/or
redemption
of any and all revenue warrants issued hereunder o
other short-term obligations hereafter authorized and not
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redeemed in cash within twenty days after the expiration of the
thirty -day period for the cash payment of assessments without
interest on the assessment roll for the District. The bonds
shall be redeemed by the collection of special assessments to be
levied and assessed against the property within the District,
payable in annual installments, with interest at a rate to be
hereafter fixed by ordinance under the mode of "payment by
bonds," as defined by law and the ordinances of the City. The
exact form, amount, date, interest rate and denominations of
such bonds shall be hereafter fixed by ordinance of the City
Council. Such bonds shall be sold in such manner as the City
Council shall hereafter determine.
Section 6. In all cases where the work necessary to be
done in connection with the making of such improvement is
carried out pursuant to contract upon competitive bids (and the
City shall have and reserves the right to reject any and all
bids), the call for bids shall include a statement that payment
for such work will be made in cash warrants drawn upon the Local
Improvement Fund.
Section 7. There is created and establis'hed in the office
of the City Treasurer for the District the Local Improvement
Fund, into which fund shall be deposited the proceeds from the
sale of revenue warrants or other short-term obligations drawn
against the fund which may be issued and sold by the City and
collections pertaining to assessments, and against which fund
shall be issued cash warrants to the contractor or contractors
In payment for the work to be done by them in connection with
the improvement, and against which fund cash warrants shall be
Issued in payment for all other items of expense in connection
with the improvement.
Section 8. Within fifteen (15) days of the passage of this
ordinance there shall be filed with the City Treasurer the title
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of the improvement and District number, a copy of the diagram or
print showing the boundaries of the District and the preliminary
assessment roll or abstract of such roll showing thereon the
lots, tracts and parcels of land that will be specially bene-
fited thereby and the estimated cost and expense of such
improvement to be borne by each lot, tract or parcel of land.
The City Treasurer immediately shall post the proposed assess-
ment roll upon his index of local improvement assessments
against the properties affected by the local improvement.
Section 9. This ordinance shall take effect and be in
force five (5) days from and after its passage, approval and
publication as provided by law.
PASSED by the City Council and APPROVED by the Mayor of the
City of Kent, Washington, at a regular open public meeting
thereof, this 18th day of February, 1986.
ATTEST:
ity Cerk
APPROVED AS TO FORM:
WMI WoolCity Attorney
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yor
EXHIBIT A
L.I.D. 321
104th Avenue S.E. Street Improvements
ME, 242nd Block to S.E. 252nd Block)
STREET IMPROVEMENTS
The improvement of 104th Ave. S.E. (aka Benson Highway) from the S.E. 242nd
block to the S.E. 252nd block includes a 5 lane roadway with two-way turn lane,
sidewalks, curb and gutter, drainage, undergrounding of electrical facilities
and street lighting, Also included is a traffic signal at the intersection of.
S.E. 248th Street;. S.E. 248th will be realigned for approximately 675 feet
east and west of 104th Avenue S.E.
That portion of the dmpr'ovements south of South 248th Street will be partially
funded by the L.I.D. properties south of South 248th Street (i.e. those properties
within the City limits). .
WATERMAIN
Includes the installation of 8 -inch stubs from the existing main to the right-of-
way at various points within the project limits and extension of the water main
on -the side streets to the limits of the new street construction. Also all water
services within the project limits currently connected to the East Hill Community
Well Company main will be replaced and connected to the City of Kent main.
The cost of the 8 -inch water stubs are being assessed totally under the L.I.D.
to benefiting properties whether inside or outside of the City limits.
SANITARY SEWER
Inside City:
From S.E. 248th Street to the south the existing sanitary sewer shall be stubbed
out (b -inch stubs) to all unserviced properties within the street construction
limits. A main line extension will also be constructed at South 248th Street
to provide service to the property at the southeast corner of 104th Avenue S.E.
and S.E. 248th Street.
Outside City:
North of S.E. 248th Street a new B -inch sanitary sewer and 6 -inch stubs shall be
constructed to provide sanitary sewer to all unserviced properties within the
project limits.
1 11
That portion
248th Street
EXHIBIT "B"
L.I.D. Boundary Legal Description
(Inside of City Limits)
L.I.D. 321
of the following described property lying
south of South
That portion of the west half of Section 20 Township 22, Range 5 East,
W.M. of King County Washington described as follows:
Beginning at the northeast corner of Tract 13 of R.O. Smith's Orchard
Tracts Addition to Kent as recorded in Volume 12, Plats Page 27,
Records of King County Washington being TRUE POINT OF BEGINNING of
property herein described; THENCE south along the east line of said
Tract 13 a distance of: 120 feet; THENCE west parallel with the north
line of said Tract 13 to the west line thereof;' THENCE south along the
west line of said Traci; -13 a distance of 180 feet; THENCE east parallel
with the north line of` said Tract 13 a distance of 104 feet; THENCE
south parallel with .the, west line of said Tract 13 a distance of 230
feet; THENCE east parallel with the south line of said Tract 13 a
distance of 100 feet; THENCE south parallel with the east line of said
Tract 13 a distance of'.99 feet to the north margin of S.E. 244th Street
(aka Berton Street); THENCE west along said north margin a distance of
54 feet; THENCE south ao.a point on the south margin of said S.E. 244th
Street which lies 154 feet west of the northeast corner of Tract 20 of
said Tracts; THENCE continuing south parallel with the west line of
said Tract 20 a distance of 229 feet; THENCE west parallel with the
north kine of said Tract 20 a distance of 150 feet to the west line of
said Tract 20; THENCE south along the west line of said Tract 20 to the
southwest corner thereof, also being the northwest corner of the plat
of R.J. B.ower's Addition as recorded in Volume 51, Plats, Page 29,
Records of King County Washington; THENCE continuing south along the
west line of said plat and the west line of Tract 29 of said tracts to
the southwest corner of said Tract 29; THENCE continuing south a
distance of 60 feet to the south margin of S.E. 248th Street; THENCE
east along the south margin of S.E. 248th Street to a point which lies
286 feet west of the east line of the northwest quarter of the
southwest quarter of said section; THENCE south parallel with the east
line of the northwest quarter of the southwest quarter of said section
a distance of 655 feet; THENCE south 88013'58" west a distance of
332.47 feet; THENCE south 00022'28" east a distance of 24 feet;
THENCE south 89036'42" west a distance of 9 feet to the west line of
the east half of the northwest quarter of the southwest quarter of said
section; THENCE south along the west line of said east half to the
southwest corner thereof, also being the northwest corner of the east
half of the southwest quarter of the southwest quarter of said section;
THENCE south along the west line of the east half of the southwest
quarter of the southwest quarter of said section a distance of 174.29
feet; THENCE east parallel with the north line of the east half of the
southwest quarter of the southwest quarter of said section to the east
line thereof; THENCE north along the east line of the east half of the
southwest quarter of the southwest quarter of said section to the
northeast corner thereof, al so bei ng the southwest corner of the
northeast quarter of the southwest quarter of said section; THENCE
L. I. D. 321
Boundary Legal Description
(Inside of City Limits)
Page 2
east along the south line of the northeast quarter of the southwest
quarter to the southeast corner thereof; THENCE north along the east
1 i ne of the south ha 1 f of the northeast quarter of the southwest
quarter of said section to the northeast corner thereof; THENCE west
along the north line of the south half of the northeast quarter of the
southwest quarter of said section to the southeast corner of the
northwest quarter of the northeast quarter of the southwest quarter of
said section; THENCE north along the east line of the northwest quarter
of the northeast quarter of the southwest quarter of said section a
distance of' 326.01 feet; THENCE west parallel with the north line of
the southwest quarter of said section a distance of 180 feet; THENCE
north parallel with the east line of the northwest quarter of the
northeast quarter of the southwest quarter of said section to the south
margin of S.E. 248th Street; THENCE west along the south margin of S.E.
248th Street to a point of intersection with the southerly prolongation
of the east line of Tract 28 of said tracts; THENCE north to the
southeast corner of said Tract 28; THENCE continuing northalong the
east line'of said Tract 28 to the northeast corner thereof also being
the southeast corner of Tract 21 of said tracts; THENCE continuing
north along the east line of said Tract 21 a distance of 132 feet;
THENCE east parallel with the south line of Tract 22 of said tracts a
distance of 104 feet; THENCE north parallel with the east line of said
Tract 22'a distance of 101 feet; THENCE east parallel with the south
line of said Tract 22 to the east line thereof; THENCE north along the
ea st line of sal d Tract 22 a distance of 105.4 feet; ' THENCE west
parallel with the north line of said Tract 22 a distance of 150 feet;
THENCE north parallel with the east line of said Tract 22 a distance of
26.6 feet; THENCE west parallel with the north line of said Tracts 22
and 21 to a point which lies 140 feet east of the east margin of 104th
Avenue S.E.; THENCE north parallel with the centerline of said 104th
Avenue S.E. to the north margin of S.E. 244th Street; THENCE west along
the north margin of S.E. 244th Street to a point which lies 90 feet
east of the east margin of 104th Avenue S.E.; THENCE north parallel
with the east margin of 104th Avenue S.E. a distance of 123.5 feet;
THENCE east parallel with the south line of Tract 12 of said tracts to
the east line of said Tract 12; THENCE north along the east line of
said Tract 12 to the northeast corner thereof; THENCE west along the
north line of said tract and its westerly prolongation to the TRUE
POINT OF BEGINNING.
EXCEPT any portions thereof lying within public right of way.
EXHIBIT "B"
L.I.Q. Boundary Legal Description
(Outside of City Limits)
L. I. D. 321
That portion of the following described property lying north of South
248th Street
That portion of the west half of Section 20 Township 22, Range 5 East,
W.M. of King County Washington described as follows:
Beginning at the northeast corner of Tract 13 of R. 0. Smith's Orchard
Tracts Addition to Kent as recorded in Volume 12, Plats Page 27,
Records of King County Washington being TRUE POINT OF BEGINNING of
property herein described; THENCE south along the east line of said
Tract 13 a distance of 120 feet; THENCE west parallel with the north
line of said Tract 13 to the west 'line thereof ; THENCE south along the
west line of said Tract 13 a distance of 180 feet; THENCE east parallel
with thenorth line of said Tract 13 a distance of 104 feet; THENCE
south parallel with' the west line of said Tract 13 a distance of 230
feet; THENCE east parallel with the south line of said Tract 13 a
distance of 100 feet; THENCE south parallel with the east line of said
Tract 13 a distance of 99 feet to the north margin of S.E. 244th Street
(aka Berton Street); THENCE west along said north margin a distance of
54 feet; THENCE south to a point on the south margin of said S.E. 244th
Street which lies 154 feet west of the northeast corner of Tract 20 of
said Tracts; THENCE continuing south parallel with the west line of
said Tract 20 a distance of 229 feet; THENCE west parallel with the
north line of said Tr4ct 20 a distance of 150 feet to the west line of
said Tract 20; THENCE south along the west line of said Tract 20 to the
southwest corner thereof, also being the northwest corner of the plat
of R.J. Bower's Addition as recorded in Volume 51, Plats, Page 29,
Records of King County Washington; THENCE continuing south along the
west line of said plat and the west line of Tract 29 of said tracts to
the southwest corner of said Tract 29; THENCE continuing south a
distance of 60 feet to the south margin of S.E. 248th Street; THENCE
east along the south margin of S.E. 248th Street to a point which lies
286 feet west of the east I ne of the northwest quarter of the
southwest quarter of said section; THENCE south parallel with the east
line of the northwest quarter of the southwest quarter of said section
a distance of 655 -feet; THENCE south 88013'58" west a distance of
332.47 feet; THENCE south 00 022 ' 28" east a distance of 24 feet;
THENCE south 89036142" west a distance of 9 feet to the west line of
the east half of the 'northwest quarter of the southwest quarter of said
section; THENCE south: along the west line of said east half to the
southwest corner thereof, also being the northwest corner of the east
half of the southwest quarter of the southwest quarter of said section;
THENCE south along the west line of the east half of the southwest
quarter of the southwest quarter of said section a distance of 174.29
feet; THENCE east parallel with the north line of the east half of the
southwest quarter of the southwest quarter of said section to the east
line thereof; THENCE north along the east line of the east half of the
southwest quarter of the southwest quarter of said section to the
northeast corner thereof, al so bei ng the southwest corner of the
northeast quarter of the southwest quarter of said section; THENCE
L.I.D. 321
Boundary Legal Description
(Outside of City Limits)
Page 2
east along the south line of the northeast quarter of the southwest
quarter to the southeast corner thereof; THENCE north along the east
line of the south half of the northeast quarter of the southwest
quarter of said section to the northeast corner thereof; THENCE west
along the north line of the south half of the northeast quarter of the
southwest quarter of ' said section to the southeast corner of the
northwest quarter of the northeast quarter of the southwest quarter of
said section; THENCE north along the east line of the northwest quarter
of the northeast quarter of the southwest quarter of said section a
distance of 326.01 fest; THENCE west parallel with the north line of
the southwest quarter of said section a distance of 180 feet; THENCE
no r t h parallel 'with the east line of the northwest quarter of the
northeast quarter of the southwest quarter of said section to the south
margin of S.E. 248th Street; THENCE west along the south margin of S.E.
248th Street -to a point of intersection with the southerly prolongation
of the east line of Tract 28 of said tracts; THENCE north to the
southeast corner of said Tract 28; THENCE continuing north along the
east line of said Tract 28 to the northeast corner thereof also being
the southeast corner of Tract 21 of said tracts; THENCE continuing
north along the east line of said Tract 21 a distance of 132 feet;
THENCE east parallel with the south line of Tract 22 of said tracts a
distance of 104 feet; THENCE north parallel with the east line of said
Tract 22 a distance of 101 feet; THENCE east parallel with the south
line of said Tract 22 to the east line thereof; THENCE north along the
east line of said Tract 22 a distance of 105.4 feet; THENCE west
parallel with the north line of said Tract 22 a distance of 150 feet;
THENCE north parallel with the east line of said Tract 22 a distance of
26.6 feet; THENCE west parallel with the north line of said Tracts 22
and 21 to a point which lies 140 feet east of the east margin of 104th
Avenue S.E.; THENC'E h north parallel with the centerline of said 104th
Avenue S.E. to the north margin of S.E. 244th Street; THENCE west along
the north margin of S.E. 244th Street to a point which lies 90 feet
east of the east margin of 104th Avenue S.E.; THENCE north parallel
with the east margin of 104th Avenue S.E. a distance of 123.5 feet;
THENCE east parallel with the south line of Tract 12 of said tracts to
the east line of said Tract 12; THENCE north along the east line of
said Tract 12 to the northeast corner thereof; THENCE west along the
north line of said tract and its westerly prolongation to the TRUE
POINT OF BEGINNING.
EXCEPT any portions thereof lying within public right of way.
I, MARIE JENSEN, City Clerk of the City of Kent,
Washington, certify that the attached copy of Ordinance
No. 1 is a true and correct copy of the original ordinance
passed on the 18th day of February, 1986, as that ordinance
appears on the Minute Book of the City.
DATED this-- day of February, 1986.
MARIE JE S , City Clerk
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