HomeMy WebLinkAbout3547ORDINANCE NO. 35 y7
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, maintain, and reconstruct West Smith
Street from its intersection at approximately Fourth Avenue
North to approximately Railroad Avenue North, including
intersection work, and to construct, extend, widen, improve,
alter, maintain, and reconstruct Pioneer Street from its
intersection at approximately Railroad Avenue North to
Central Avenue North, including intersection work;
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
"Sound Transit Street Improvement" fund (Fund R41 -E23-
5510-4140), 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,
HEREBY ORDAIN AS FOLLOWS
SECTION 1. After receiving the report of City staff, and after
the planned improvements for the West Smith Street and Pioneer Street Projects (t
"Projects"), the City Council finds and declares that the public convenience, use, heal'
safety, and necessity demand that the City of Kent condemn, appropriate, take, and dama
all or portions of certain real properties located in King County, Washington, in order
acquire the necessary property and/or property rights for the construction of the Proj ec
Sound Transit Condemnation
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including all necessary appurtenances These properties are legally described in Exhibit
attached and incorporated by this reference (the "Properties"). The purposes for which t
condemnation is authorized shall include, without hrnitatron, all acts necessary to comp]
the construction, extension, improvement, widening, alteration, maintenance e
reconstruction of the Project, including improvements for drainage, curbs and gutte
sidewalks, bicycle paths, landscaping, illumination, signal improvements, electri
facilities, utilities, utility adjustments, relocations, and any other street or municr
purposes that may become necessary from time to time on the Properties
SECTION 2 The City authorizes the acquisition by condemnation of
or a portion of the Properties for the construction, extension, improvement, widem
alteration, maintenance, and reconstruction of the Projects, including acquisition
property and/or property rights, together with all necessary appurtenances and related w
to make a complete improvement according to City standards
SECTION 3. The City shall condemn the Properties only after
compensation has first been made or paid into court for the owner or owners in the
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 "Sound Transit
Improvement" fund (Fund R41 -E23-5510-4140) or from any of the City's general
if necessary, as may be provided by law
SECTION 5. The City authorizes and directs the City Attorney
commence those proceedings provided by law that are necessary to condemn the Properties
In commencing this condemnation procedure, the City Council authorizes the City Attorne}
to enter into settlements, stipulations, or agreements in order to minimize damages, whict
settlements, stipulations, or agreements may include, but not be limited to, the amount o1
2 Sound Transit Condemnation
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just compensation to be paid, the size and dimensions of the
condemned, and the acquisition of temporary construction easements and other
interests
SECTION 6. Any acts consistent with the authority and prior to
effective date of this ordinance are ratified and confirmed
SECTION Z The provisions of this ordinance are declared to be
and severable The invalidity of any clause, sentence, paragraph, subdivision, section
portion of tlus ordinance, or the invalidity of the application thereof to any person
circumstances shall not affect the validity of the remainder of this ordinance, or the valid
of its application to other persons or circumstances.
SECTION 8. Tlus ordinance, being the exercise of a power
delegated to the City's legislative body, is not subject to referendum, and shall take
and be in force five (5) days after publication as approved by law
ATTEST
E46 118111 R11
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APPROVED AS TO FORM
CITY
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MAYOR
Sound Transit Condemnation
PASSED the //day of , 2001
APPROVED the 6 day of � , 2001
PUBLISHED the / day of �, 2001
I hereby certify that this is a true and correct copy of Ordinance No -3
passed by the City Council of the City of Kent, Washington, and approved by the Ma
of the City of Kent as hereon indicated
P\C'W\Rduunm\Sounffr nConde do
BRENDA•:I�BJ
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Sound Transit Condemnation
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BEGINNING AT THE NORTHEAST CORNER OF BLOCK 4. YESLER'S FIRST ADDITION TO
THE TOWN OF KENT, ACCORDING TO THE PLAT RECORDED IN VOLUME 5 OF PLATS,
PAGE 64, IN KING COUNTY, WASHINGTON; THENCE WEST ALONG THE 11ORT11 LINE OF
SAID BLOCK 4, A DISTANCE OF 256 FEET TO TRE NORTHWEST CORNER OF SAID
BLOCK 4; THENCE SOUTH 1.58' HEST ALOIIG THE NEST LINE OF SAID BLOCK 41 A'
DISTANCE OF 341.42 FEET; THENCE SOUTH 89.17' EAST 112.01 FEET; THENCE
NORTH 69021' EAST 3.04 Mr; THENCE NORTH 1°58' EAST 107.11 FEET; THENCE
EAST 141.96 FEET, MORE OR LESS, TO THE EAST LINE OF SAID BLOCK 4; THENCE
NORTH 1'58' EAST ALONG THE EAST LINE OF SAID BLOCK 4, A DISTANCE OF
285.29 FEET, MORE OR LESS, TO POINT OF BEGIRIIING; EXCEPT THE SOUTH 7.5
FEET OF THE WEST 115.05 FEET THEREOF.
EXHIBIT A
PAGE 1 of 6
PAYM A:
Lots 7, 8 and 9 in Block 1 of K msay's Addition to the Town of Kent, as per plat
recorded in Volume 16 of Plats on page 89, records of King County, Wasbington; f
F74M tivl West 66.09 feet thereof;
PAFLEL B•
The West�60.34 feet of Lots 9, 5 and 6 to Block 2 of &4=ay's Addition to the loam of''
K,eAt, as per plat recorded in Volum IG of Plats, on page 89, records of Xing County, • ,
Washington, lying Southerly of the spur track of the Chicago -Milwaukee -St. Paul and .4
Pacific Failway;
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�eALL of the vacated area of 3rd Avenue, betareen Blocks 1 and 2, in the plat of Paam.4y'sr
CD Addition to the Tarn of Kent, as per plat recorded in Volume 16 of Plate, on page 89, ' I
CZo records of Xing County, Washington, lying Southerly of the spur brick of the Chicago -
Milwaukee -St. Paul and Pacific Pailway; ALL situate in the County of King, State of
Washington.
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EXHIBIT A
PAGE 2 of 6
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That portion of the Railroad Right Of -Way situated in the Northeast Quarter of Section
24,T6wnsh1p 22 North, Range -4 Bast ; W.M.; lying southerlyoftha south margin of.
Smith Street and northerly of the north margin of Meeker Street.
EXHIBIT A
PAGE 3 ofc,6
That portion of the northwest quarter of the northeast quarter of
Section 24, Township 22 North, Range 4 East, in King County,
Washington, lying west of First Avenue North, east of 4th Avenue
North, north of Temperance Street and south of the following
described line:
car That portion of the northwest quarter of the northeast quarter of
C= Section 24, Township 22 North, Range 4 East, W.M., in King County,
r Washington, described as follows:
Beginning at the most southwesterly corner of the parcel land
conveyed by Northwestern Improvement Company to The Borden Company
under deed dated April 12, 1956 and recorded under Recording Number
4688725, records of King County, Washington, being a point in the
east line of 4th Avenue in the City of Kent;
Thence south 0013'11" west along said east line 18.2 feet;
Thence south 72053130" east 270.58 feet to a point of curve;
Thence easterly on a curve to the left with a radius of 776.62 feet,
a distance of 108.07 feet;
Thence north 9008107" east 22.3 feet to a point of curve from a
tangent bearing south 60051153" east;
Thence easterly on a curve to the left, with a radius of 754.32
feet, a distance of 120.6 feet;
Thence north 01°01130" west 12.7 feet, more or less, to the
southerly line of the above-mentioned parcel of land;
Thence westerly along said southerly line to the point of beginning.
EXHIBIT A
PAGE 4 of 6
Beginning at a point on the west line of First Avenue North 762.45
feet south of the north line of said subdivision;
Thence
southwesterly and westerly on a curve to the right, radius of
265.44
feet, which is not tangent to said west line, a distance of
203.73
feet to a tangency in a line hereinafter called line "A';
Thence
south 89-58-30 west 226.9 feet;
Thence
on a curve to the right, radius of 742.0 feet, a distance of
ar.
221.77
feet;
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Thence
north 72-53-30 west a distance of 108.4 feet to a point of
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curve;
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Thence
on a curve to the left, radius 787.0 feet, a distance of
169.14
feet, more or less, to a point on the east line of 4th Avenue
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EXCEPT
that portion described as follows:
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car That portion of the northwest quarter of the northeast quarter of
C= Section 24, Township 22 North, Range 4 East, W.M., in King County,
r Washington, described as follows:
Beginning at the most southwesterly corner of the parcel land
conveyed by Northwestern Improvement Company to The Borden Company
under deed dated April 12, 1956 and recorded under Recording Number
4688725, records of King County, Washington, being a point in the
east line of 4th Avenue in the City of Kent;
Thence south 0013'11" west along said east line 18.2 feet;
Thence south 72053130" east 270.58 feet to a point of curve;
Thence easterly on a curve to the left with a radius of 776.62 feet,
a distance of 108.07 feet;
Thence north 9008107" east 22.3 feet to a point of curve from a
tangent bearing south 60051153" east;
Thence easterly on a curve to the left, with a radius of 754.32
feet, a distance of 120.6 feet;
Thence north 01°01130" west 12.7 feet, more or less, to the
southerly line of the above-mentioned parcel of land;
Thence westerly along said southerly line to the point of beginning.
EXHIBIT A
PAGE 4 of 6
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Lots 5 and 6 and that portion of Lots 41 7 and 8, all in Block 2,
lying south and west of the spur track of the Chicago, Milwaukee,
St. Paul and Pacific Railway Ramsay's Addition to the Town of Kent,
according to the plat thereof recorded in Volume 16 of Plats, page
89, in King County, Washington;
EXCEPT the west 60.34 feet of Lots 4, 5 and 6;
TOGETHER WITH all vacated alley, as vacated by Ordinance No. 1265
of the city of Kent, lying southerly of said spur tracks:
EXHIBIT A
PAGE 5 of 6
PARCEL A:
LOTS 21, 22, AND THE SOUTH 24 FEET OF LOT 23, BLOCK 2, CROSS'
ADDITION TO THE CITY OF KENT, ACCORDING TO THE PLAT THEREOF
RECORDED IN VOLUME 18 OF PLATS, PAGE 9, RECORDS OF KING COUNTY,
WASHINGTON.
PARCEL B:
LOT 17, BLOCK 17, WASHINGTON CENTRAL IMPROVEMENT COMPANY'S FIRST
ADDITION TO KENT, ACCORDING TO THE PLAT THEREOF RECORDED IN
m VOLUME 3 OF PLATS, PAGE 97, RECORDS OF KING COUNTY, WASHINGTON;
a AND ALSO THE FOLLOWING DESCRIBED TRACT ADJOINING SAID LOT 17 ON
C= THE NORTH DESCRIBED AS FOLLOWS:
crl, A STRIP OF LAND LYING NORTH OF LOT 17, BLOCK 17, WHICH STRIP
EXTENDS NORTH TO THE SOUTH LINE OF PIONEER STREET AND EAST AND
ao WEST FROM RAILROAD AVENUE NORTH TO THE ALLEY IN SAID BLOCK 17.
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PARCEL C:
LOT 18, BLOCK 17, WASHINGTON CENTRAL IMPROVEMENT COMPANY'S FIRST
ADDITION TO KENT, ACCORDING TO THE PLAT THEREOF RECORDED IN
VOLUME 3 OF PLATS, PAGE 97, RECORDS OF KING COUNTY, WASHINGTON;
AND ALSO THE FOLLOWING DESCRIBED TRACT ADJOINING SAID LOT 18 ON
THE NORTH DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 23 FEET NORTH OF THE NORTHEAST CORNER OF
LOT 18, SAID BLOCK 17; THENCE SOUTH A DISTANCE OF 23 FEET;
THENCE WEST ALONG THE NORTH LINE OF SAID BLOCK 17, A DISTANCE OF
120 FEET TO THE NORTHWEST CORNER OF LOT 18, SAID BLOCK 17;
THENCE NORTH A DISTANCE OF 26 FEET; THENCE EAST IN A STRAIGHT
LINE TO THE POINT OF BEGINNING.
EXHIBIT A
PAGE 6 of 6
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Return Address
Attn City Clerk
Crtv 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. 3547: Relating to Eminent Domain
Reference Number(s): N/A
Grantor(s): Various
Grantee(s): City of Kent, a Washington municipal corporation
Legal Description: Various - Generally SEC. 24, TWP 22N, R4E, W.M. - See Exhibit A
Assessor's Property Tax Parcel/Account Number(s): Various - See Exhibit A