HomeMy WebLinkAbout3635ORDINANCE NO. 3Co 35
AN ORDINANCE ofthe City of Kent, Washington,
providing for the acquisition of a portion of James Street
and Central Avenue associated with the James Street and
Central Avenue Intersection Improvement project and/or
property rights in order to construct, extend, widen,
improve, alter, maintain, and reconstruct the intersection
located at James Street and Central Avenue; providing for
the condemnation, appropriation, taking and damaging of
such surface and aerial property rights as are necessary for
that purpose; providing for the payment thereof out of the
James Street and Central Avenue Intersection Improvement
Project fund (Fund No 820059 4140 364), 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 property located
within King County, Washington.
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON
ORDAINS AS FOLLOWS
SECTION 1. After hearing the report of City staff, and after reviewing
planned improvements for the James Street and Central Avenue Intersection Improveme
Project (the 'Project'), the City Council finds and declares that the public convenience, u:
health, safety and necessity demand that the City of Kent condemn, appropriate, take a
damage portions of certain real property located in King County, Waslungton, in order
acquire the necessary real property and/or property rights for the construction of the Proj e
James Street and Central
Intersection Imon
Condemnation Ordinance
including all necessary appurtenances The property affected by this ordinance is legally
described in Exhibit A, attached and incorporated by this reference (the "Property") The
purposes for which this condemnation is authorized shall include, without limitation, all
acts necessary to complete the construction, extension, improvement, widening, alteration,
maintenance, reconstruction and restoration of the Project, and any other municipal purpose
that may be necessary from time to time on the Property.
SECTION2 The city authonzes the acquisition by condemnation of all or
a portion of the Property for the construction, extension, improvement, widening, alteration,
maintenance and reconstruction of the Project, together with all necessary appurtenances
and related work to make a complete improvement according to city standards.
SECTION 3. The city shall condemn the Property only after dust
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 by
condemnation provided for in this ordinance through the city's "James Street and Central
Avenue hitersection Improvement Project " fund (Fund Na 820059.4140.364) 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
those proceedings provided by law that are necessary to condemn the Property
commencing these condemnation procedures, the City Council authorizes the city attorr
to enter into settlements, stipulations or agreements in order to minimize damages, whi
settlements, stipulations or agreements may include, but not be limited to, the amount
dust compensation to be paid, the size and dimensions of the property condemned, and t
acquisition of temporary construction easements and other property interests
2 James Street and Central
Intersection Impr
Condemnation Or
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 legislative body, is not subject to referendum, and shall take effect and
be in force five (5) days after passage, approval and publication as provided by law
ATTEST
�.�L(U�
' CITY CLERK
APPROVED AS TO FORM
TOM BRUBAKER, CITY ATTORNEY
James Street and Central
Intersection In
Condemnation
ASSED the /,,) day of March, 2003.
the A day of March, 2003
the 22 day of March, 2003.
I hereby certify that this is a true and correct copy of Ordinance No 5�3
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 \0A\0rd..\Conder S[C wdA. d.
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4 James Street and Central Avenue
Intersection Improvement
Condemnation Ordinance
496118
- COWL
PARCEL A:
Lots 1 through 20, inclusive, Block 5, ALL of Blocks 1 thru 4,
inclusive, Blocks 6 and 7, McMillins Addition to Kent, according to
the plat thereof recorded in Volume 7 of Plats, page 58, in King
County, Washington;
TOGETHER WITH vacated State Street that would attach by operation of
law;
TOGETHER WITH vacated alley in Block 5 that would attach by
operation of law;
EXCEPT that portion conveyed to the City of Kent by deeds recorded
under Recording Numbers 4663582, 4804847, 6476222, 710526031 and
8406120020.
PARCEL B:
Lots 1 through 7 and the west 10 feet of Lot 8, Block 20, Washington
Central Improvement Co's 1" Addition to Kent, according to the plat
thereof recorded in Volume 3 of Plats, page 97, in King County,
Washington;
TOGETHER WITH an unplatted strip adjacent north of said block and
south of Pioneer Street;
EXCEPT the east 20 feet of Lot 8;
AND EXCEPT that portion of Lots 1 through 5 as conveyed to the City
of Kent for alley by deed recorded under Recording Number 6423052.
PARCEL C:
East 20 feet of Lot 10 and all of Lot 11, Block 20, Washington
Central Improvement Co.'s First Addition to Kent, according to the
plat thereof recorded in Volume 3 of Plats, page 97, in King County,
Washington;
ALSO that portion of the northeast quarter of the northeast quarter
of Section 24, Township 22 North, Range 4 East, W.M., in King
County, Washington, lying south of the south line of Pioneer Street
as established in McMillin's Addition to Kent, according to the plat
thereof recorded in Volume 7 of Plats, page 58, in King County,
Washington, north of the north line of said Block 20 of Washington
Central Improvement Co.'s First Addition to Kent, west of the east
line of said Block 20 and east of west line of the east 20 feet of
Lot 10, said Block 20, extended northerly.
LEGAL DESCRIPTION, continued:
EXHIBIT "A"
Page 1 of 4
1
LEGAL DESCRIPTION, continued:
PARCEL D:
496118
A tract of land in the northeast quarter of the north east quarter
of Section 24, Township 22 North, Range 4 East, W.M., in King
County, Washington, being more particularly described as follows:
Commencing at the northeast corner of said Section 24;
Thence south 01015123" west, along the east line of said Section 24,
a distance of 645.97 feet, to the north line of Pioneer Street as
established in McMillin's Addition to Kent, according to the plat
thereof recorded in Volume 7 of Plats, page 58, in King County,
Washington, said point being that TRUE POINT OF BEGINNING,
Thence continuing south 01015;23" west, along the east line of said
Section 24, a distance of 124.42 feet, to the intersection of the
easterly extension of the south line of Lots 1 through 11, Block 20
of Washington Central Improvement Company's First Addition to Kent,
according to the plat thereof recorded in Volume 3 of Plats, page
97, in King County, Washington;
Thence south 89°49'47" west, along said extension of the south line
of Lots 1 through 11, a distance of 33.46 feet, to the southeast
corner of Lot 11, Block 20 of said Washington Central Improvement
Company's First Addition;
Thence north 00°42'00" east, along the east line of said Lot 11 and
the extension thereof, 95.33 feet, to south line of Pioneer Street
as established in said McMillin's Addition to Kent;
Thence north 88°38112" west, along said south line of Pioneer
Street, 340.07 feet to the intersection of a northerly extension of
the west line of Lot 1, Block 20 of said Washington Central
Improvement Company's First Addition;
Thence north 00°47104" east, along said extension, 30.00 feet to the
north line of Pioneer Street as established in said McMillin's
Addition to Kent;
Thence south 88°38112" east, along said north line of Pioneer
Street, 374.69 feet, to the TRUE POINT OF BEGINNING.
EXHIBIT "A"
Page 2 of 4
440259-A
G TAL
That portion of the southeast quarter of the southeast quarter of
Section 13, Township 22 North, Range 4 East, W M., in King County,
Washington, described as follows:
Beginning at the southwest corner of Block 4, Walmsley's Addition to
the City of Kent, according to the plat thereof recorded in Volume
45 of Plats, page 15, in King County, Washington;
Thence south 89053'40" east along the south line of said Block 4, a
distance of 178.55 feet;
Thence south 0°24'20" west parallel with the easterly margin of
Central Avenue, as shown on said plat 234.76 feet to the northerly
margin of James Street as conveyed to the City of Kent by Deed
recorded under Recording No. 6465984, and as condemned in King
County Superior Court Cause No. 706251;
Thence north 89°37140" west along said northerly margin 146.55 feet;
Thence north 42°02145" west along said northerly margin 47.41 feet
to the said easterly margin of Central Street;
Thence north 0°24120" east along said easterly margin of Central
Street 198.92 feet to the point of beginning;
EXCEPT that portion thereof conveyed to the City of Kent for street
by Deed recorded under Recording No. 8605200142.
EXHIBIT "A"
Page 3 of 4
440258
CAavo.v
Lots 1 through 4, inclusive, Block 4, Walmsley's Addition to the
City of Kent, according to the plat thereof recorded in Volume 45 of
Plats, page 15, in King County, Washington;
TOGETHER WITH vacated alley adjoining;
EXCEPT the following described tract:
Beginning at the southwest corner of said Lot 3;
Thence northerly along the west line thereof and the west line of
said Lot 4, a distance of 146.00 feet to the northwest corner of
said Lot 4;
Thence easterly along the north line of said Lot 4, a distance of
20.00 feet to a point of cusp with a curve concave to the southeast
having a radius of 26.50 feet;
Thence westerly, southwesterly and southerly, a distance of 30.01
feet along said curve through a central angle of 64°53'24";
Thence southerly parallel with said west lines, a distance of 121.50
feet to the south line of said Lot 3;
Thence westerly along said south line, a distance of 4.50 feet to
the point of beginning.
EXHIBIT "A"
Page 4 of 4
Return Address:
Attn: City Clerk
City of Kent
220 Fourth Ave. S.
Kent, WA 98032
WASHINGTON STATE COUNTY AUDITOR/RECORDER'S COVER SHEET
Document Title: City of Kent Ordinance No. 3635: Relating to Eminent Domain
Reference Number(s): N/A
Grantor(s): Various
Grantee(s): City of Kent, a Washington municipal corporation
Abbreviated Legal Description:
Ptn of Sec. 13; Twn. 22N, Rng 4E, W.M. King County, State of
Washington
Additional legal description on Exhibit "A" of document
Assessor's Property Tax Parcel/Account Number(s): 132204-9032
Project Name: James Street and Central Avenue Intersection Improvement