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HomeMy WebLinkAbout1632r f ORDINANCE NO. Uls;Z— An Ordinance of the City of Kent, Washington,amending prior Ordinance No. 1550 as to Parcel T-58, and providing for condemnation for right of way of certain land in the City of Kent for the improvement of James Street in the City of Kent, and directing amendment of the City's Petition in Condemnation in King County Superior Court Cause No. 706251. WHEREAS by prior City of Kent Ordinance No. 1550, passed the 4th day of November, 1968, the City of Kent authorized the condemnation of right of way and easements in, over and upon certain land necessary for the improvement of James Street in the City of Kent, including a portion of the proprty of Clarence L. Olson and Barbara Olson, his wife, designated therein Parcel T-58; and WHEREAS the proposed acquisition as set forth in said Ordinance No. 1550 provided for an appropriation of a portion of said Parcel T-58, based on installation of a retaining wall within the area to be appropriated by the City; and WHEREAS pursuant to said Ordinance No. 1550 a condemnation is presently pending in King County Superior Court, Cause No. 706251; and WHEREAS on June 16, 1969, the City of Kent, by Resolution No. 637, by reason of a potential traffic hasard and the cost of the proposed retaining wall, directed the City Attorney to effect the appropriation of the entire Olson ownership, designated Parcel T-58, and to proceed to amend the City's Petition in King County Superior Court Cause No. 706251 accordingly; and WHEREAS said Petition was amended accordingly; and WHEREAS subsequent thereto the office of the City Engineer and the City's firm of consulting engineers have now reported to the Council that it feasible from the viewpoint of sound construction practices, and less costly, to substitute the proposed slope on the Olson property, designated Parcel T-58, with a rockery to be constructed on a portion of the present Olson ownership; and WHEREAS by such substitution of a rockery the areaof the Olson property to be appropriated will be reduced, and the residence thereon will not be included in the area appropriated; - 1 - NOW THEREFORE, the City Council of the City of Kent, Washington, does ordain as follows: SECTION I: That prior City of Kent Ordinance No. 1550 be and it is hereby amended at page 29 thereof, as to Parcel T-58, to read as follows: PARCEL T-58 (OLSON) That portion of Lot 1, Walker's Addition to Kent, according to Plat thereof recorded in Volume 53 of Plats, page 85, Records of King County, Washington, lying Southerly of the following described line: Beginning at a point on the West line of said Lot 1 which is 18 feet Northerly from the Southwest corner thereof; thence Easterly parallel to the South line of said Lot 1 26 feet; thence Easterly to a point which is 108 feet Easterly of said West line and 8 feet Northerly of said South line, as measured at right angles thereto; thence Eaterly parallel to said South line 35 feet; thence Easterly to a point on the East line of said Lot 1 which is 14 feet Northerly from the Southeast corner thereof, and the terminus of said line description. SECTION II: That the City Attorney be and he is hereby directed to proceed to effect appropriation of the aforedescribed real property, designated Parcel T-58 for right of way for the improvement of James Street in the City of Kent; and he is hereby further directed to proceed to amend the City's Petition in King County Superior Court Cause No. 706251 to effect such appropriation. SECTION II'I: Except as provided for herein, prior Ordinance No. 1550 shall remain in full force and effect as passed. SECTION IV: This Ordinance shall take effect and be in force from and after its passage, approval and publication as provided by law. --� , Mayor Attest: APPROVED the ` ' day of January,1970. City Clerk `- PUBLISHED the day of January,1970. Approved as to form: CPP Attorney PASSED the 55-1/L day of January, 1970. - 2 - I, Marie Jensen, City Clerk of the City of Kent, Washington, d(,o� hereby certify that the attached is a true and correct copy of passed by the City Council on the 5 Z day of �9 26 IN WITNESS WHEREOF, I have hereto fixed my hand and affixed the Seal of the said City this day of Marie ,Tense , ity Clerk