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HomeMy WebLinkAbout1485ORDINANCE No. 7 AN ORDINANCE of the City of Kent, Washington, providing for the condemnation of right-of-way in, over and upon certain land necessary for the improvement of South 228th Street in the City of Kent, and providing further for the payment for said right-of-way. The City Council of the City of Kent, Washington, do ordain as follows: Section 1: That the City Attorney for the City of Kent be and he is hereby authorized and directed to purchase and/or institute and prosecute to determination in the Superior Court of the State of Washington, in the County of King, an action in the name of the City of Kent for condemnation and acquisition of right-of-way in, over and upon the following described land, situated in the County of King, State of Washington, for the purpose of obtaining the necessary property for the improve- ment of South 228th Street, in the City of Kent, to -wit: Parcel 1 (Balanced Investments Corporation) The South 30 feet of the North 50 feet of the East 330 feet of the SE 1/4 of the NW 1/4 of Section 13, Township 22 North, Range 4 East W.M., King County, Washington. Parcel 2 (Balanced Investments Corporation) The Southerly 35 feet of the Northerly 85 feet of the Westerly 280 feet of the Easterly 330 feet of the 3E 1/4 of the NW 1/4 of Section 13, Township 22 North, Range 4 East, W.M. ALSO, that portion of the following described Parcel "A" lying within a strip of land 40 feet in width, being 20 feet on each side of the following described line: Beginning at a point which is 70 feet Westerly of the East line of Via SE 1/4 of the NW 1/4 of Section 13, Township 22 North, Range 4 East, W.M., when measured at right angles thereto, and 85 feet Southerly of the North line of said SE 1/4 of the NW 1/4, when measured at right angles thereto; thence Southerly parallel to said East line a distance of 80.62 feet; thence Southerly along a curve to the left with a radius of 470 feet and a central angle of 350561031,, to the intersection with said East line of SE 1/4 of the NW 1/4 and the terminus of said des- cribed 1 ine . Parcel "A" The East 330 feet of the Southeast quarter of the Northwest quarter, in Section 13, Township 22 North, Range 4 East, W.P., in King County, Washington, EXCEPT the County Road along the North end thereof. Parcel 3 (Bernasconi) That portion of the following described Parcel "A" lying within a strip of land 100 feet in width, the centerline of which is described as follows: Beginning at the Southwest corner of the North 1/2 of the Northeast 1/4 of Section 13, Township 22 North, Range 4 East, W.M., King County, Washington; thence Easterly along the South line of said North 1/2 of the Northeast 1/4, a distance of 1928.55 feet; thence Northeasterly on a curve to the left having a radius of 320 feet, an arc distance of 504.10 feet; thence Northerly and parallel with the East line of said Section 13, along tangent of preceeding curve, a distance of 646.25 feet; thence Northeasterly on a curve to the right having a radius of 300 feet, an arc distance of 473.83 feet; thence Easterly and parallel with the North line of said Section 13, along tangent to preceeding curve to the Westerly right-of-way line of 84th Avenue South of the City of Kent, King County, Washing- ton and the terminus of said described centerline. Parcel "A" Beginning at the Northeast corner of the Northeast 1/4 of the Northeast 1/4 of Section 13, Township 22 North, Range 4 East, W.M., in King County, Washington; thence West 30 feet; thence South 60 feet to the true point of beginning; thence West 315 feet; thence South 720 feet; thence East 315 feet to the West line of 84th Avenue South; thence North 720 feet to the true point of beginning; EXCEPT that portion thereof conveyed to the State of Washington for highway purposes under deeds recorded under auditor's file Nos. 5363043 and 5363054, and EXCEPT that portion thereof condemned by the State of Washington under Icing County Superior Court Cause No. 650447, for Primary State High- way No. 5, and EXCEPT roads. Parcel 4 (Blunder) That portion of the following described Parcel "A" lying within a strip of land 100 feet in width, the centerline of which is described as follows: Beginning at the Northwest corner of the South 1/2 of the Northeast 1/4 of Section 13, Township 22 North, Range 4 East, W.M., King County, Washington; thence Easterly along the North line of said South 1/2, a distance of 1928.55 feet. Parcel "A" The West 250 feet of the North 575 feet of the Southeast 1/4 of the Northeast 1/4 of Section 1.3, Township 22 North, Range 4 East, W.M., in King County, Washington EXCEPT any portion thereof lying within South 228th Street and EXCEPT the right-of-way of the Northern Pacific Railway Company, and EXCEPT that portion thereof condemned by the State of Washington for Primary State Highway No. 5 under King County Superior Court Cause No. 657464. -2- Parcel 5 (Horath) The Southerly 30 feet of the following described Parcel "A": Parcel "A" That portion of the N 1/2 of the NW 1/4 of .lection 13 Twp. 22 North, Range 4 East W.M., in King County, Washington, lying West of the Puget Sound Power & Light Company's right of way and lying North of the North line of South 228th Street and lying East of the East line of 68th Avenue South (West Valley Road) and lying South of the following described line: Beginning at a point on the East line of said 68th Avenue South (West Valley Road) distant South 0051'06" West 425.93 ft. from the intersection of said East line with the North line of said Sec. 13; thence South 89°08'54" East 1713.22 feet to the West line of said Puget Sound Power & Light Company's right of way and the term- inus of said described line. Parcel 6 (King County Drainage District No. 1) That portion of the South 1/2 of the NW 1/4 of Section 13, Town- ship 22 North, Range 4 East, W.M., which lies within a strip of land 20 ft. in width, being 10 ft. on each side of the following described line: Beginning at a point on the West line of the SE 1/4 of the N14 1/4 of Section 13, Township 22 North, Range 4 East, W.M., which lies Southerly a distance of 50 ft. from the Northwest corner thereof; thence Northerly along said West line a distance of 20 ft.; thence Easterly parallel with the North line of said SE 1/4 of the NII 1/4 to the Westerly margin of the Puget Sound Power and Light Company's right-of-way, and the terminus of said described line. ALSO, the Southerly 10 ft. of the Northerly 50 ft. of the Easterly 40 ft. of that portion of the SE 1/4 of the NW 1/4 of Section 13, Township 22 North, Range 4 East W.M., lying Westerly of the West margin of the Puget Sound Power & Light Company .:tight -of -Way. Parcel 7 (King County Drainage District No. 1) That portion of the SE 1/4 of the N:7 1/4 of Section 13, Township 22 North, Range 4 East, W.M., lying Easterly of the East margin of the Chicago, Milwaukee, St. Paul, and Pacific Railway Right - of -Way, and lying within a strip of land 20 ft. in width, the centerline of which is described as follows: Beginning at a point on the West line of said SE 1/4 of the NW 1/4 which lies Southerly a distance of 30 ft. from the North- west corner thereof; thence Easterly parallel with the North line of said SE 1/4 of the NW 1/4 a distance of 970 ft., and the term- inus of said described centerline. -3- Parcel 8 (King County Drainage District No. 1) That portion of the North 30 feet of the South 50 feet of the NE 1/4 of the NW 1/4 of Section 13, Township 22 North, Range 4 East W.M., which lies within that portion thereof condemned in King County Superior Court Cause No. 32912 for Drainage District No. 1 ditch. Parcel 9 (Milwaukee Land Company) The South 30 feet of the North 50 feet of the West 359.73 feet of the East 689.73 feet of the 3-E 1/4 of the NW 1/4 of Section 13, Township 22 North, Range 4 East W.M., King County, Washington, EXCEPT that portion condemned for Drainage Ditch Right -of -Way in King County Superior Court Cause No. 3291.2 Parcel 10 (Milwaukee Land Company) The Southerly 35 ft. of the Northerly 85 ft. of the following des- cribed Parcel "A": Parcel "A" The ?Jest 359.73 feet of the East 689.73 feet of the southeast quarter of the northwest uarter of section 13, township 22 north, range 4 east, W.M., in King County, Washington. Parcel 11 (S.S.&I.. Corporation) The North 30 feet of the South 50 feet of that portion of the NE 1/4 of the N`,J 1/4 of Section 13, Township 22 North, Range 4 East W.M., King County, Washington, lying East of the East line of the Chicaffo, Milwaukee, St. Paul and Pacific ?ailroad right-of-way. Parcel 12 (S.S.&M. Corporation) The South 30 feet of the North 50 feet of that portion of the Southwest 1/4 of the Northeast 1/4, Section 13, Township 22 North, Range 4 East, W.M., King County, Washington, lying Westerly of the Northern Pacific Railroad Right -of -Way, and the North 30 feet of the South 50 feet of that portion of the Northwest 1/4 of the Northeast 1/4 of said Section 13, lying Westerly of the Northern Pacific Rail- road Right -of -Way. Parcel 13 (Springer) That portion of the following described Parcel "A" lying within a strip of land 100 feet in width, the centerline of which is des- cribed as follows: Beginning at the Northwest corner of the South 1/2 of the North- east 1/4 of Section 13, Township 22 North, Range 4 East, W.M., King County, Washington; thence Easterly along the North line of said South 1/2, a distance of 1928.55 feet; thence Northeasterly on a curve to the left having a radius of 320 feet an arc distance of 504.10 feet. -4- Parcel "A" The West 670 feet of the North 575 feet of the Southeast 1/4 of the Northeast 1/4 of Section 13, Township 22 North, Range 4 East, W.M., in King County, Washington, EXCEPT any portion thereof lying within South 228th Street and EXCEPT the right- of-way of the Northern Pacific Railway Company, and EXCEPT that portion thereof condemned by the State of Washington for Primary ;tate Highway No. 5 under King County Superior Court Cause No. 657464, and EXCEPT the West 250 feet thereof. Parcel 14 (Springer) That portion of the following described Parcel "A" lying within a strip of land 100 feet in width, the centerline of which is described as follows: Beginning at the Northwest corner of the South 1/2 of the Northeast 1/4 of Section 13, Township 22 North, Range 4 East, W.M., King County, Washington; thence Easterly along the North line of said South 1/2 of the Northeast 1/4 a distance of 1928.55 feet; thence Northeasterly on a curve to the left hav- ing a radius of 320 feet, an arc distance of 504.10 feet. Parcel "A" The North 575 feet of the Southeast 1/4 of the Northeast 1/4 of Section 13, Township 22 North, Range 4 East, W.M., in King County, Washington; EXCEPT the West 670 feet thereof; and EXCEPT that portion thereof conveyed to the State of Washington for rimary State Highway No. 5 by deed recorded under auditor's file No. 5499517, and EXCEPT that portion thereof condemned by the State of Washington for Primary State Highway No. 5 under King County Superior Court Cause No. 657464, and EXCEPT the East 30 feet thereof conveyed to King County for 84th Avenue South by deed recorded under auditor's file No. 765513, and EXCEPT that portion thereof lying within South 228th Street. Parcel 15 (Western Electric Company, Inc.) The Northerly 30 ft. of the following described Parcel "A", EXCEPT that portion condemned for Drainage Ditch Right -of -Way in King County Superior Court Cause No. 32912. Parcel "A" The SW 1/4 of the NW 1/4, and that portion of the SE 1/4 of the NW 1/4 of Section 13, Twp. 22 North, Range 4 East W.M., in King County, Washington, lying Westerly of the Westerly margin of the Puget Sound Power & Light Company's 100 -foot right of way (ori- ginally known as Seattle -Tacoma Interurban Railway and/or Puget Sound Electric Railway) as described in deed recorded September 18, 1930, under auditor's file #2629432; EXCEPT the Westerly 30 ft. of said SW 1/4 of the NW 1/4 conveyed to King County for road by deed recorded under auditor's file No. 602287; EXCEPT the North 20 feet of said SW 1/4 of the NW 1/4 and the North 20 feet of said portion of the SE 1/4 of the NW 1/4 lying within South 228th Street; and EXCEPT the South 40 feet and the East 40 feet thereof conveyed to Drainage District No. 1, by deed recorded under auditor's file No. 6121.068. -5- Parcel 16 (Western Gear Corporation) That portion of the following described Parcel "A" lying within a strip of land 100 feet in width, the centerline of which is described as follows: Beginning at the Southwest corner of the North 1/2 of the Northeast 1/4 of Section 13, Township 22 North, Range 4 East, W.M., King County, Washington; thence Easterly along the South line of said North 1/2 of the Northeast 1/4, a distance of 1928.55 feet; thence Northeasterly on a curve to the left having a radius of 320 feet, an are distance. of 504.10 feet, thence Northerly parallel with the East line of said Section 13, a dis- tance of 646.25 feet; thence Northeasterly on a curve to the right having a radius of 300 feet, an arc distance of 473.83 feet. Par(`ol "A" That portion of the North 1/2 of the Northeast 1/4 of Section 13, Township 22 North, Range 4 East, W.M., in King County, Washington, lying East of the right-of-way of Northern Pacific Railway, EXCEPT the following described tract: Beginning at the Northeast corner of the above described property, running thence West 30 feet; thence South 60 feet to the true point of beginning; running thence West 315 feet; thence South 720 feet; thence East 315 feet to the West line of 84th Avenue South; thence North 720 feet to the true point of beginning (all directions being parallel with the North and East lines of said Section 13), and EXCEPT the East 30 feet of said North 1/2 of the Northeast 1/4 conveyed to King County for roads by deeds recorded under auditor's file Nos. 749612 and 749620, and EXCEPT that portion thereof condemned for Primary State Highway No. 5 in King County Superior Court Cause No. 587053, and EXCEPT that portion thereof condemned in King County Superior Court Cause No. 657464, for Primary State Highway No. 5, and EXCEPT roads. Section 2: That the acquiring of said right-of-way for the purposes herein mentioned is for a public use and necessity. Section 3: Payment for the easements herein described to be acquired shall be made from Urban Arterial Trust Funds of the State of Washington, assessments against the property specially benefitted by the proposed improvement, issuance and sale of General Obligation Bonds of the City of Kent, and/or from such other funds of the City of Kent as may be available therefor. Section 4: Nothing in this Ordinance shall be construed as a waiver by the City of Kent of its right to decline to take and pay for said right-of-way after the amount of damages has been ascertained and within the time allowed by law. so Section S: This Ordinance shall take effect and be in force from and after its passage, approval and publication as provided by ALEX-'FRORNfUN, Mayor-� Attest: -I-- I Marie Jensen, C ty Clerk" Approved as to form: Jo� B. Bereiter, City Attorney Passed the day of October, 1967. (% Approved the day of October, 1967. Published the,�`~� day of October, 1967. -7-