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ORDINANCE NO. 3 SSS
AN ORDINANCE of the City of Kent, Washington,
providing for the acquisition of a portion of 132nd Avenue
Southeast, north of Southeast 240th Street associated with
the Upper Meridian Valley Creek Improvement project
and/or property rights in order to replace and/or restore
culverts and a section of creek to relieve flooding in the area
and restore fish passage; 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 Upper Meridian
Valley Creek Improvement Project fund (Fund No D43 -
C38 -5515), 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 the
planned improvements for the Upper Meridian Valley Creek Improvement 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
portions of certain real property located in King County, Washington, in order to acquire
the necessary real property and/or property rights for the construction of the Project,
including all necessary appurtenances The property affected by this ordinance is legally
described in Exlubit A, attached and incorporated by this reference (the "Property") The
132nd Avenue SE & SE 240th
Condemnation Ordinance
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, including improvements for
replacing three culverts and restoring a section of creek between two of the culverts on the
east side of 132nd Avenue Southeast, and any other municipal purpose that may be
necessary from time to time on the Property
SECTION 2 The City authorizes 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
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C=Y SECTION 3. The City shall condemn the Property only after lust
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compensation has first been made or paid into court for the owner or owners in the manner
m prescribed by law.
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SECTION 4. The City shall pay for the entire cost of the acquisition by
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condemnation provided for in this ordinance through the City's "Upper Mendian Valley
Creek Improvement Project " fund (Fund D43-C38-5515) 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 Property.
In commencing these condemnation procedures, the City Council authorizes the City
Attorney to enter into settlements, stipulations or agreements in order to nummize damages,
which settlements, stipulations or agreements may include, but not be limited to, the
amount of just compensation to be paid, the size and dimensions of the property
2 132nd Avenue SE & SE 240th Street
Condemnation Ordinance
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condemned, and the acquisition of temporary construction easements and other property
interests.
SECTION 6. Any acts consistent with the authority and prior to the
effective date of this ordinance are ratified and confirmed
SECTION Z 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.
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J ITE, MAYOR /
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM
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CITY A
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132nd Avenue SE & SE 240th Street
Condemnation Ordinance
PASSED theday of 2001
APPROVED the/ qday of 2001
PUBLISHED the # day of V 12001
I hereby certify that this is a true and correct copy of Ordinance No 355;
passed by the City Council of the City of Kent, Washington, and approved by the Mayor
of the City of Kent as hereon indicated
BRENDA JACOB, CITY CLERK
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4 132nd Avenue SE & SE 240th Street
Condemnation Ordinance
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EXHIBIT "A"
Lot 1, King County Revised Short Plat Number 679141, according to
the revision recorded under Recording Number 8308230394, said Short
Plat being a portion of the southeast quarter of the southeast
quarter of Section 16, Township 22 North, Range 5 East, W.M., in
King County, Washington,
(ALSO KNOWN AS Wandering Creek, a Planned United Development,
according to the plan thereof recorded in Volume 2 of PUD'S,
pages 58 through 69, inclusive, under Recording Number 8503110593,
in King County, Washington).
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Return Address
Arm 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. 3555: Relating to Eminent Domain
Reference Number(s): N/A
Grantor(s): Various
Grantee(s): City of Kent, a Washington municipal corporation
Legal Description: SE %, SE Y.; SEC. 16, TWP 22N, RSE, W.M. - See Exhibit A
Assessor's Property Tax Parcel/Account Number(s): See Exhibit A