HomeMy WebLinkAbout3596ORDINANCE NO. 35%
AN ORDINANCE of the City Council of the City of
Kent, Washington, providing for the acquisition of certain
property and/or property rights for storm water drainage
detention use in conjunction with Pacific Highway South
HOV Lanes Road Widening 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 'Pacific Highway HOV
Phase 2" Fund (Fund R90062), and directing the City
Attorney to prosecute the appropriate legal proceedings,
together with the authority to enter into settlements,
stipulations or other agreements; the property is located
within King County, Washington
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES
HEREBY ORDAIN AS FOLLOWS.
SECTION 1. After receiving the report from City staff, and after reviewing
the planned street mprovements for Pacific Highway South HOV Lanes Road Widening
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 storm j
water drainage detention necessary for the Project, including all necessary appurtenances.
This property 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,
Pacific Highway (SR -99)
SW Quadrant 260th Condemnation
alteration, maintenance and reconstruction of the storm water drainage detention
for the Protect
SECTION2 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 storm water drainage detention for the
Project, 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 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 "Pacific Highway HOV
Phase 2" Fund (Fund R90062) 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 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
dust compensation to be paid, the size and dimensions of the property
condemned, and the acquisition of temporary construction easements and other property
interests
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SW Quadrant 260th Condemnation
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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
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
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
I M; a
J ITE, MAYOR
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APPROVED AS TO FORM.
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TOM BRUBAKER, CITY ATTORNEY
PASSED the -2-- day of , 2002
APPROVED the %2 day of L' — 2002
PUBLISHED the 6 day of , 2002
Pacific Highway (SR -99)
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I hereby certify that this is a true and correct copy of Ordinance No. 351,
passed by the City Council of the City of Kent, Washington, and approved by the Mayor
of the City of Kent as hereon indicated
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BRENDA JACOBEV,u" CITY CLERK
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The east half of the northwest quarter of the southeast quarter of
the northwest quarter of Section 28, Township 22 North, Range 4
East, W M , in King County, Washington;
EXCEPT that portion of the east 29.62 feet of said subdivision lying
north of the south 60 feet of said subdivision; ,
EXCEPT the west 60 feet of the east 89.62 feet of the north 230 feet
of said subdivision;
EXCEPT the west 200 feet of the north 230 feet of said subdivision,
EXCEPT the north 30 feet of said subdivision for county road;
AND EXCEPT the south 20 feet of the east 29.62 feet of said
subdivision;
TOGETHER WITH the north 40 feet of the south 60 feet of that portion
of the northeast quarter of the southeast quarter of the northwest
quarter of said Section 28, lying west of State Road No 1
• EXHIBIT "A"
Return Address
Atlas Cdv 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. 3596: Relating to Eminent Domain
Reference Number(s): N/A
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r, Grantor(s): Various
c' oGrantees : City of Kent, a Washington municipal corporation
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Legal Description: E'/2 of the NW Y. of the SE `/a of the NW % of Sect. 28; TWP 22N, R4E, W.M. - See
Exhibit A
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C' Assessor's Property Tax Parcel/Account Number(s): 282204-9134
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