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ORDINANCE NO. 3s `/
AN ORDINANCE of the City Council of the City of
Kent, Washington, relating to the vacation of streets, vacating
portion of an unused alleyway generally between Temperance
and West Smith Streets, lying between First and Second
Avenues in the City of Kent
WHEREAS, a petition to vacate an alleyway was filed with the City of Kent
by Central Puget Sound Regional Transit Authority, the owner of real property located on
both sides of the alleyway generally between Temperance and West Smith Street, lying
between First and Second Avenues in the City of Kent, King County, Waslungton, and
WHEREAS, the Kent Planning Services Division processed this petition
and secured technical facts pertinent to the question of this vacation, and
WHEREAS, the Kent City Council fixed a time for a public hearing on the
petition and the hearing was held with proper notice on February 6, 2001, in the City
Council Chambers of the Kent City Hall, and
WHEREAS, the Planning Services Division recommended that the City
Council approve the petition with the following conditions (1) the petitioner shall)
cap/disconnect/plug/etc all City utilities that exist wrthm the alleyway in accordance with
1 Alley Vacation —
]stand 2nd/Smith & Temperance
and as approved by the Public Works Department, and (2) the vacation shall exclude that
portion of the alley right-of-way which hes within the area of additional West Smith Street
right-of-way needed for improvement to the Second Avenue and West Smith Street
intersection.
WHEREAS, after the public hearing on February 6, 2001, the City Council
approved the vacation with the conditions recommended by staff and approved by Council,
and
WHEREAS, the City Council finds that the alleyway sought to be vacated
is (1) a dedicated alley that is presently unused, (2) not abutting on a body of water and,
therefore, not suitable for acquisition for port purposes, boat moorage or launching sites,
park, viewpoint, recreational or education purposes, or other public use, and (3) a vacation
which 1s in the public interest, and
WHEREAS, the City Council has directed the preparation of an ordinance
vacating the portion of said street, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES
HEREBY ORDAIN AS FOLLOWS
herein
SECTION 1. The foregoing recitals are incorporated as if fully set forth
SECTION 2. That portion of an alleyway between Temperance and West
Smith Street, lying between First and Second Avenues in the City of Kent as described in
Exhibit A, which is attached and incorporated herein by flus reference, which excludes that
portion needed for the West Smith Street Improvement project, is hereby vacated
Alley Vacation —
.1st and 2nd/Smith & Temperance
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SECTION 3. As a condition of this vacation the Petitioner shall
cap/disconnect/plug/etc. all City utilities that exist within the alleyway in accordance with
and as approved by the Public Works Department
ordinance
SECTION 4. No vested rights shall be affected by the provisions of this
SECTION 5. — Severabdity If any one or more section, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall
not affect the validity of the remaining portion of this ordinance and the same shall remain
in full force and effect
SECTION 6. — Effective Date This ordinance shall take effect and be in
force thirty (30) days from and after its passage, approval and publication as provided by
law.
ATTEST:
BRENDAJACOBI8/CITY CLERK
APPROVED AS TO FORM
LUBOVICH, CITY A
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Alley Vacation —
1st and 2ndlSmith & Temperance
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PASSED day of /%1 � 2001
APPROVED �, day of 2001
PUBLISHED. _� day of 2001
I hereby certify that this is a true copy of Ordinance No 36y,7 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\Crud\Orden a\V=KeMl-Tempew mSmtb doo
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BRENDA •:CLERK
4 Alley Vacation —
]stand 2ndlSmith & Temperance
EXHIBIT A
THAT CERTAIN ALLEY RIGHT-OF-WAY LYING SOUTH OF THE SOUTH RIGHT-OF-
WAY LINE OF TEMPERANCE STREET AND NORTH OF THE NORTH RIGHT-OF-WAY
LINE OF SMITH STREET AND ABUTTING LOTS 1-12, BLOCK 3 OF RAMSAY'S
ADDITION TO THE TOWN OF KENT, ACCORDING TO THE PLAT THEREOF,
RECORDED IN VOLUME 16 OF PLAT PAGES 89, IN KING COUNTY, WASINGTON;
EXCEPT THE SOUTH 22 00 FEET THEREOF
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Return Address
Attn City Clerk
Citv of Kent
220 Fourth Ave S
Kent, WA 98032
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Document Title: City of Kent Ordinance No. 3549, Relating to Vacation of Alley
Reference Number(s): N/A
Grantor(s): City of Kent, a Washington municipal corporation
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m, Grantee(s): Central Puget Sound Regional Transit Authority
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o Legal Description: Lots 1-12, Block 3 of Ramsay's Addition to Kent, Vol. 16 of Plats, Page 89;
cn See Exhibit A
en Assessor's Property Tax Parcel/Account Number(s): N/A; See Exhibit A
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