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ORDINANCE NO.
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AN ORDINANCE of the City of Kent,
Washington, relating to the vacation of
streets, vacating certain property generally
located at 63rd Avenue South adjacent to the
south side of South 212th Street, more
particularly described in Exhibit A, a street
within the city limits of the City of Kent,
subject to owner compliance with conditions.
WHEREAS, proper application was filed with thew City of
Kent for the vacation of a portion of certain property of the City
of Kent; and
WHEREAS, the Kent City Council, by Resolution 1181, fixed
a time when sai det i ti on would be heard and said hearing was
p_ __
held, on proper notice, on October 4, 1988, at the hour of 7 p.m.
in the Council Chambers 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, approval or rejection thereof by the Public Works
Department of the City of Kent; and
WHEREAS, the Public Works Department and the Planning
Director recommend approving the vacation subject to certain
conditions of retaining easement rights for utility purposes
including therein but not limited to drainage channel and storm
water storage purposes, retaining the right to grant such easement
rights to other public or private utility providers, and the right
to construct, repair and maintain public utilities and service and
compensation to the City at the full fair market value of the
vacated street in cash or real property of at least equivalent
ue; and
WHEREAS, it appears the granting of said petition would
be a menace or 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 directed the preparation of an
ordinance vacating the portion of said street upon compliance with
all conditions; and
WHEREAS, the applicant can meet all conditions required
for approval of said vacation by executing a statutory warranty
deed for real property of the equivalent fair market value of the
vacated street; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES
BY ORDAIN AS FOLLOWS:
Section 1. That portion of certain property generally
located at 63rd Avenue South adjacent to the south side of South
212th Street, and more fully described on the attached Exhibit A,
incorporated herein by this reference, is hereby vacated,
reserving, however, easement rights for utility purposes
including, but not limited to, drainage channel and storm water
storage purposes, 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, subject to receipt by the city of an executed statutory
warranty deed for real property of the equivalent fair market
value of the vacated street as approved by the City.
Section 2. No vested rights shall be affected by the
isions of this ordinance.
Section 3. Effective Date. This ordinance shall take
ffect and be in force thirty (30) days from and after its
assage, approval and publication as provided by law.
ATTEST:
E JENSE)(, /CITY
DAN ELLEHER, MAYOR
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APPROVE AS TO FORM:
APPROVE
S DRA DRISCOLL, CITY TORNE
PASSED the -day of
APPROVED the day of
PUBLISHED the day of
, 1989.
, 1989.
, 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
hereon indicated.
7380-260
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( SEAL)
MARIE JFALMN, C Y CLERK
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Exhibit "A"
A parcel of land being all that certain parcel of land as
conveyed by Norman W. Clein, Jr. and Marlene Clein to the City of
Ken King
b;� statutory War.ra»Ly Deed, recorded December 7, 19GG, Rec:)lAs
KeKing County, Washington, and described in said Deed as follaws:
That portion of the Southwest Quarter of the tlortheast
Quarter (SW4NEI-.,) of Section 11, Township 22 North, Range 4 East of
the Willamette Meridian, in King County, Washington, lying within a
strip of land 60.00 feet ill width, the centerline of which being
described as {allows:
Beginning at the intersection of the easterly margin of
Russell Road with the centerline of South 212th Street;
thence South 88 degrees 01 minutes 56 seconds East along
the centerline of South 212th Street, 1100.29 feet;
thence continuing along said centerline, South 85 degrees
26 minutes 51 seconds East, 879.64 feet to the TRUE POINT' OF
BEGINNING;
thence South 0 degrees 00 minutes 24 seconds East, 250.00
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feet;
thence Southeasterly along a 10 degree curve to the left
having a radius of 572.96 feet to an intersection with the North
line of the South 995.28 feet"of said Subdivision and the tertninum
+�! of said centerline;
EXCEPT that portion thereof lying North of a Line
parallel with and 60.00 feet South, measured at right angles, of
0 the centerline of right -of --way of said South 212th Street.