HomeMy WebLinkAbout3601ORDINANCE NO. 3CP0/
AN ORDINANCE of the City Council of the City of Kent,
Washington, providing for the acquisition of certain
property and/or property rights in order to construct, extend,
widen, improve, alter and maintain the SE 256th Flume
Project, providing for the condemnation, appropriation,
taking and damaging of such property rights as are
necessary for that purpose, providing for the payment
thereof out of the "256th Flume Project" fund (Fund
D00043.64420 330), and directing the City Attorney to
prosecute the appropriate legal proceedings, together with
the authority to enter into settlements, stipulations or other
agreements, all of said properties located within King
County, Washington
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES
SECTION 1. After receiving the report of City staff, and after reviewing
the planned improvements for the SE 256th Flume Project (the "Project"), the City Council
finds and declares that the public convenience, use, health, safety, and necessity demand'
that the City of Kent condemn, appropriate, take, and damage all or portions of certain real
properties located in King County, Washington, in order to acquire the necessary property
and/or property rights for the construction of the Projects, including all necessary
appurtenances These properties are legally described in Exhibit A, attached and
incorporated by this reference (the 'Properties") The purposes for which this
condemnation is authorized shall include, without limitation, all acts necessary to complete
the construction, extension, improvement, widening, alteration, maintenance and
1 SE 256th Flume Project
Condemnation
reconstruction of the Project, including improvements for drainage, curbs and gutters,
sidewalks, bicycle paths, landscaping, illumination, signal improvements, electrical
facilities, utilities, utility adjustments, relocations, and any other street or municipal
purposes that may become necessary from time to time on the Properties.
SECTION2 The City authorizes the acquisition by condemnation of all
or a portion of the Properties for the construction, extension, improvement, widening,
alteration, maintenance, and reconstruction of the Projects, including acquisition of
property and/or property rights, together with all necessary appurtenances and related work
to make a complete improvement according to City standards
SECTION 3. The City shall condemn the Properties only after just
compensation has first been made or paid into court for the owner or owners in the manner
prescribed by law
SECTION 4. The City shall pay for the entire cost of the acquisition
condemnation provided for in this ordinance through the City's "256th Flume Project " fund
(Fund D00043 64420 330) or from any of the City's general funds, if necessary, as may be
provided by law
SECTION 5. The City authorizes and directs the City Attorney to
commence those proceedings provided by law that are necessary to condemn the Properties
In commencing this condemnation procedure, the City Council authorizes the City Attorney
to enter into settlements, stipulations, or agreements in order to minimize damages, which
settlements, stipulations, or agreements may include, but not be limited to, the amount of
just compensation to be pard, the size and dimensions of the property
condemned, and the acquisition of temporary construction easements and other property
interests
2 SE 256th Flume Project
Condemnation
SECTION 6. Any acts consistent with the authority and prior to the
effective date of this ordinance are ratified and confirmed.
SECTION 7. The provisions of this ordinance are declared to be separate
and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or
portion of this ordinance, or the invalidity of the application thereof to any person or
circumstances shall not affect the validity of the remainder of this ordinance, or the validity
of its application to other persons or circumstances
SECTION 8. This ordinance, being the exercise of a power specifically
delegated to the City's legislative body, is not subject to referendum, and shall take effect
and be in force five (5) days after publication as approved by law
ATTEST.
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CITY CLERK
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WHITE, MAYOR
SE 256th Flume Project
Condemnation
PASSED the ZL day of 2002
APPROVED the 21 day of 12002
PUBLISHED the 2 -5—day of , 2002
I hereby certify that this is a true and correct copy of Ordinance No 3CPC/,
passed by the City Council of the City of Kent, Washington, and approved by the Mayor
of the City of Kent as hereon indicated
P TLnl'OrdMMC6SE256rhnum P,ect doc
CITY CLERK
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4 SE 256th Flume Project
Condemnation
PARCEL A:
The east three-quarters of the northeast quarter of the northeast
quarter of Section 27, Township 22 North, Range 5 East, W M , in --
King County, Washington,
EXCEPT that portion thereof lying southerly of a line parallel with
the south line of said subdivision and 660 feet northerly of said
south line and measured along the west line of said subdivision,
AND EXCEPT the east 330 feet thereof,
AND EXCEPT the north 40 feet thereof conveyed to King County for
road purposes by deeds recorded under Recording Numbers 169017
41253134,
AND EXCEPT the west 135 00 feet of the south 322 67 feet thereof
PARCEL B:
The east 330 feet of the north 660 feet of the northeast quarter of
the northeast quarter of Section 27, Township 22 North, Range 5
East, W M , in King County, Washington,
EXCEPT that portion conveyed to King County for Southeast 256C°
Street by deed recorded under Recording Number 4125314,
AND EXCEPT the east 150 feet thereof
EXHIBIT "A"
0
Return Address:
Attu. City Clerk
City of Kent
220 Fourth Ave. S.
Kent. WA 98032
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WASHINGTON STATE COUNTY AUDITOR/RECORDER'S COVER SHEET
Document Title: City of Kent Ordinance No. 3601 providing for the acquisition of
certain property and/or property rights in order to construct, extend,
widen, improve, alter and maintain the SE 256th Flume Project.
Reference Number(s): 440231 and 440232
Grantor(s): Carol Jean Bhatia and
Soos Creek Water & Sewer District
Grantee(s): City of Kent
Abbreviated Legal Description: Ptns. of NE 1/4 NE 1/4 of 27-22-5
Assessor's Property Tax Parcel/Account Number(s): -- 272205-9176/9178