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ORDINANCE NO.
�30
AN ORDINANCE; of the City of Kent,
Washington, relating to the vacation of streets
and alleys, vacating certain property within
the city limits of the City of Kent at
Waterman Avenue between Fifth Avenue and Union
Pacific Railway, located between Lot 6 and
Lot 7 of Waterman's Acre Tracts to Kent.
WHEREAS, a proper application was filed with the City of
Kent for vacation of a portion of dedicated public street of the
City; and
WHEREAS, the City Council, by Resolution 1137, fixed a
time when said petition would be heard and said hearing was held,
on proper notice, on July 21, 1987, at 7 p.m. in the Council
Chambers of the City Hall of the City of Kent, Washington; and
WHEREAS, the Kent Planning Director processed said
petition and secured technical facts pertinent to the question of
said vacation which includes a sketch of the proposed vacation
and, also, written approval or rejection thereof by the Public
Works Department of the City of Kent; and
WHEREAS, on October 20, 1987 and January 19, 1988, the
Kent City Council granted extensions to complete the required
vacation conditions necessary for the development of the site; and
WHEREAS, on July 21, 1988, the Kent City Council
approved, subject to payment of one-half of the appraised value of
said property, obtaining any necessary permits, and review by the
Planning or other appropriate departments, the application of
Vernon Gibson on behalf of Applewood Associates, Inc.; and
WHEREAS, the City is uncertain whether, during the
pendency of these vacation proceedings, recorded and unrecorded
interest affecting title, ownership, and use of the property may
have interceded; and
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ORDINANCE NO.
�30
AN ORDINANCE; of the City of Kent,
Washington, relating to the vacation of streets
and alleys, vacating certain property within
the city limits of the City of Kent at
Waterman Avenue between Fifth Avenue and Union
Pacific Railway, located between Lot 6 and
Lot 7 of Waterman's Acre Tracts to Kent.
WHEREAS, a proper application was filed with the City of
Kent for vacation of a portion of dedicated public street of the
City; and
WHEREAS, the City Council, by Resolution 1137, fixed a
time when said petition would be heard and said hearing was held,
on proper notice, on July 21, 1987, at 7 p.m. in the Council
Chambers of the City Hall of the City of Kent, Washington; and
WHEREAS, the Kent Planning Director processed said
petition and secured technical facts pertinent to the question of
said vacation which includes a sketch of the proposed vacation
and, also, written approval or rejection thereof by the Public
Works Department of the City of Kent; and
WHEREAS, on October 20, 1987 and January 19, 1988, the
Kent City Council granted extensions to complete the required
vacation conditions necessary for the development of the site; and
WHEREAS, on July 21, 1988, the Kent City Council
approved, subject to payment of one-half of the appraised value of
said property, obtaining any necessary permits, and review by the
Planning or other appropriate departments, the application of
Vernon Gibson on behalf of Applewood Associates, Inc.; and
WHEREAS, the City is uncertain whether, during the
pendency of these vacation proceedings, recorded and unrecorded
interest affecting title, ownership, and use of the property may
have interceded; and
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WHEREAS, the applicant warranted and represents to the
City that it has completed and obtained all necessary permits and
reviews by City departments, including the Kent Planning and
Public Works Departments; and
WHEREAS, the Public Works Department and Planning
Director recommend approving the vacation subject to certain
conditions of retaining utility easement rights, retaining the
right to grant such easement rights to other public and private
utility providers, and the right to construct, repair and maintain
public utilities and service, and compensation to the City of
one-half the appraised value of the property; and
WHEREAS, the applicant has agreed to hold the City
harmless and to defend and indemnify the City against any and all
liabilities or claims that may arise related to the vacation
including any extensions granted; and
WHEREAS, it appears the granting of said petition should
not be a menace or an inconvenience to the traveling public or to
any other person using the streets or alleys of the City of Kent,
Washington; and
WHEREAS, the City Council by resolution directed the
preparation of an ordinance vacating that portion of said street;
and
WHEREAS, the applicant has paid in full one-half of the
appraised value of said property, that being Seventeen Thousand
Two Hundred Sixty -Nine and 40/100 Dollars ($17,269.40); NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. That portion of the property at Waterman
Avenue between Fifth Avenue and Union Pacific Railway, located
between Lot 6 and Lot 7 of Waterman's Acre Tracts to Kent, and
more fully described as set forth in Exhibit A, incorporated
herein by this reference, is hereby vacated, reserving, however,
- 2 -
an easement for drainage, an easement for overhead or underground
utilities, and an easement for rights-of-way and the right to
grant said easement rights to other public or private utility
providers.
Section 2. No vested right shall be affected by the
provisions of this ordinance.
Section 3. 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.
DAN KELLEHER, MAYOR
ATTEST:
BRENDA JACOBER,,, DEPUTY CITY CLERK
APPROVED AS TO FORM:
SA DRISCOLL, CITY ATT(
PASSED the / day of 2,�2a.( �z-2-t , 1989.
APPROVED the day of 1989.
PUBLISHED the /'—day of ���_ ,-c _. -,;/ , 1989.
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.
(SEAL)
BRENDA JACOBER, DEPUTY CITY CLE.
6460-240
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Exhibit A
Legal Description
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CD That portion of Waterman Avenue lying between South 5th Avenue and
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N Union Pacific Railway, between Lots 6 and 7, of Waterman's Acre
CD Tracts to City of Kent, Volume 17 of Plats, page 11, King County,
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