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CITY OF KENT, WASHINGTON
ORDINANCE NO.
AN ORDINANCE of the City of Kent, Wash-
ington, discontinuing proceedings to acquire
property by condemnation for public park
authorized under Kent Ordinance No. 1675.
WHEREAS, the City of Kent under the authority of Ordi-
nance No. 1675 passed August 17, 1970 initiated condemnation pro-
ceedings in King County Superior Court under Cause No. 727852 for
the purpose of acquiring five (5) parcels of land in the City of
Kent for a public park to be known as Lake Fenwick Park, and
WHEREAS, jury trials were held to determine the amount
of compensation to be paid by the City for two (2) of the five
(5) parcels, designated as Parcels 1 (Pohl) and Parcel 2 (Petty),
and
WHEREAS, following trial the jury set a value of j
i'
!' $250,000.00 on the Pohl property and $58,000.00 on the Petty pro-
!. perty and judgments have been entered on said jury verdicts, and
WHEREAS, RCW 8.12.530 states in part that
"Any time within six (6) months from the
date of rendition of the last judgment
awarding compensation for such improve-
ment in the Superior Court ... any such
City may discontinue the proceedings by
Ordinance passed for that purpose ...., and
WHEREAS, the six (6) month period specified in RCW
8.12.530 expired October 30, 1971 but was extended by stipulated
agreement to November 30, 1971, and
WHEREAS, it is uncertain whether the City will have suf-
ficient funds to complete the acquisition of the property contem-
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plated at the time of initiation of condemnation proceedings,
NOW, THEREFORE
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. The condemnation proceedings authorized by
Ordinance No. 1675 and commenced under King County Superior Court
Cause No. 727852 be and they hereby are discontinued.
Section 2. In accordance with RCW 8.12.530 that portion
of the taxable costs incurred by parties in the condemnation pro-
ceeding not already paid, specifically the amount of $6,833.33
awarded by the Court to Mrs. Frances B. Petty as reasonable at-
torney's fees and expert witness fees incurred in defending the
proceedings involving her property, shall be paid out of funds
available for that purpose. j
Section 3. This Ordinance shall take effect and be in
force five (5) days from and after its passage, approval and pub-
lication, as provided by law.
ATTEST:
MARIE JENSEN, ty Clerk
.APPROVED AS TO FORM:
� t
I
DONALD E. MIRK, City Attorney
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ISABEL HOGAN, M�rR
PASSED the day of November, 1971.
APPROVED the J day of November, 1971.
PUBLISHED the, day of November, 1971.
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 here-
on indicated.
-- �-- (SEAL)
MARIE JE N` , City hlek
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