HomeMy WebLinkAbout3660ORDINANCE NO. 9660
AN ORDINANCE of the City of Kent,
Washington, providing for the acquisition of a portion of the
South 228th Street extension project and/or property rights
in order to construct, extend, widen, improve, alter,
maintain, and reconstruct South 228th Street between 64'h
Avenue South and State Route 516; 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 228`h
West Leg Improvement Project fund (Fund No.
R90093.4140.364); directing the city attorney to prosecute
the appropriate legal proceedings, together with the
authority to enter into settlements, stipulations or other
agreements; and acknowledging that all of said property is
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 South 228th Street Extension 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 Exhibit A, attached and incorporated by this reference (the "Property"). The
South 2280
Condemnation Ordi
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 authorizes the acquisition by condemnation of all
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 J
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 "228`h West
Improvement Project " fund (Fund No. R90093.4140.364) or from any ofthe city's ge
funds, if necessary, as may be provided by law.
SECTIONS. The city authorizes and directs the city attorney to
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 minimize 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 condemned, and the
acquisition of temporary construction easements and other property interests.
South 228`
Condemnation Ordi
SECTION & Any acts consistent with the authority and prior to
effective date of this ordinance are ratified and confirmed.
SECTION 7. The provisions of this ordinance are declared to be
and severable. The invalidity of any clause, sentence, paragraph, subdivision, section
portion of this ordinance, or the invalidity of the application thereof to any person
circumstances shall not affect the validityof the remainder of this ordinance, or the valid
of its application to other persons or circumstances.
SECTION 8. This ordinance, being the exercise of a power
delegated to the City legislative body, is not subject to referendum, and shall take
and be in force five (5) days after passage, approval and publication as provided by law.
ATTEST: .•••'•••�.
. N
BRENDA JACOBER TY CLERK f '• ' ti
APPROVED AS TO FORM:
A
TOM BRUBAKER, CITY ATTORNEY
South 22e
Condemnation Ordi
PASSED the 0'7_ day of $ 2003.
APPROVED the _� day of I 2003.
PUBLISHED the day of 12003.
I hereby certify that this is a true and convect copy of Ordinance No. 3Xa
passed by the City Council of the City of Kent, Washington, and approved by the Mayor
the City of Kent as hereon indicated.
P \Coil\ORDINANCE\Condemn-2281hROW dw
BRENDA JACOBE ITY CLERK (SEAL)
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South 228'x'
Condemnation Ord
41
Property to be Acquired from City of Seattle
That portion of Section 15, Township 22 North, Range 4 East, W M, the Enos
Cooper Donation Land Claim Number 38, and the unrecorded plat of Richard's
Hy -Line Acres, all in King County, Washington, described as follows
Commencing at the west quarter corner of said Section 15, from which point the
northwest corner of said section bears N01°11'45"E 2628 00 feet distant. and
from which point the southwest corner of said section bears S01 °19'23"W
2630 04 feet distant; thence S89°51'38"E, along the east west center of section
line of said Section 15, a distance of 897.77 feet to the TRUE POINT OF
BEGINNING of the herein described tract of land, thence N24044'21"W 53 34
feet, thence N201l12'27"E 43 53 feet to a point on a 1340 00 foot radius, circular
curve to the left, from which point the center of said curve bears N24042'56"W,
thence northeasterly, along said curve, through a central angle of 2923'08', an
arc distance of 55 79 feet to a point of tangency; thence N62053'56"E 355 76 feet
to a point of tangency with a 1960 00 foot radius circular curve to the right,
thence northeasterly, along said curve, through a central angle of 10000'58", an
arc distance of 342 64 feet, thence S65009'08"E 615 63 feet, thence S23056'42"E
162 95 feet to the east west center of section line of said Section 15, thence
S89°51'38"E, along said center of section line, 449 78 feet to the center of said
Section 15, thence N00045'27"E, along the north south center of section line of
said Section 15, a distance of 340 02 feet to the north line of the south 340 00
feet of the northeast quarter of said Section 15, thence S89051'38"E, along said
north line, 325 02 feet to the east line of the west 325 00 feet of said northeast
quarter, thence N00045'27"E, along said east line, 185 01 feet to the north line of
the south 525 00 feet of said northeast quarter, thence S89051'38"E, along said
north line, 855.38 feet to the southwesterly line of a tract of land conveyed to the
City of Kent by Quit Claim Deed recorded under King County Recording Number
20020829000359. thence N35003'17"W, along said southwesterly line, 142 81
feet to an angle point in said line, thence continuing along said southwesterly
line, N55045'57"W 257 43 feet to an angle point in the south line of said tract;
thence N8905 1'00"W, along the south line of said tract, 882 09 feet to the north
south center of section line of said Section 15 and an angle point in the south line
of said tract; thence continuing along the boundary of said tract and said north
south center of section line, N00°45'27"E 26 30 feet to an angle point in the
boundary of said tract, thence S8901 0'137W, along the boundary of said tract,
34194 feet to the southwest corner thereof, thence NO3051'530E, along the west
boundary of said tract and its northerly prolongation, 197 49 feet to an angle
point in the southerly boundary of Tract "R" as shown in that certain Record of
Page 1 of 2
EXHIBIT "A"
Page 1 of 5
Survey on rile under King County Recording Number 19991123900001, thence
N50008'07"W, along said southerly boundary, 158 37 feet to an angle point in
said southerly boundary, thence continuing along said southerly boundary and its
southwesterly prolongation, S75051'53"W 213 39 feet to the west line of the east
half of the northeast quarter of the northwest quarter of said Section 15; thence
S00°51'59"W, along said west line, 474 22 feet, thence S84031'32"W 40 98 feet
to a point of tangency with a 2050 00 foot radius circular curve to the left, thence
southwesterly, along said curve, through a central angle of 1803'57", an arc
distance of 646 38 feet to the east line of the southwest quarter of the northwest
quarter of said Section 15, thence N00058'32"E, along said east line, 3 60 feet to
the north line of the south 415 00 feet of said southwest quarter of the northwest
quarter; thence N89051'38"W, along said north line, to the centerline of a logging
road as described in Statutory Warranty Deed recorded under King County
Recording Number 8304010596, thence southwesterly, along said logging road
centerline, to the northeasterly right of way line Military Road South; thence
S24044'21"E, along said northeasterly right of way line, to the northwest corner of
Tract 20, in the unrecorded plat of Richards Hy -Line Acres, from which point the
west quarter corner of said Section 15 bears N89044'01"W 876.63 feet distant,
thence continuing along said northeasterly right of way line, S24044'21"E 446 89
feet to the south line of the north 405 00 feet of said unrecorded plat, thence
S89°44'01"E, along said south line, 22 07 feet to a point which bears
S24°44'21"E from the TRUE POINT OF BEGINNING, thence N24044'21'W
449 09 feet to the TRUE POINT OF BEGINNING.
Containing 1,101,811 square feet or 25 294 acres
Page 2 of 2
EXHIBIT "A"
Page 2 of 5
42
Slope Easement No 1 from the City of Seattle
That portion of Section 15, Township 22 North, Range 4 East, W M , in King
County, Washington, described as follows.
Commencing at the west quarter corner of said Section 15, from which point the
northwest corner of said section bears N01 °11'45"E 2628 00 feet distant, and
from which point the southwest comer of said section bears S01°19'23' V
2630 04 feet distant, thence S89051'38"E, along the east west center of section
line of said Section 15, a distance of 897 77 feet; thence N241144'21"W 53 34
feet, thence N20012'27e 43 32 feet to a point on a 1340 00 foot radius, circular
curve to the left, from which point the center of said curve bears N24042'33'W,
and the TRUE POINT OF BEGINNING of the herein described tract of land,
thence northeasterly, along said curve, through a central angle of 2023'31", an
arc distance of 55 94 feet to a point of tangency, thence N62053'56"E 54 79 feet,
thence S27°06'04"E 22.52 feet, thence S62053'56"W 136 24 feet to a pointwhich
bears S20012'27"W from the TRUE POINT OF BEGINNING, thence
N20012'27"E 34 93 feet to the TRUE POINT OF BEGINNING
Containing 2819 square feet or 065 acres
EXHIBIT "A"
Page 3 of 5
43
44
Slope Easement No 2 from the City of Seattle,
That portion of Section 15, Township 22 North, Range 4 East, W M , in King
County, Washington, described as follows
Commencing at the west quarter corner of said Section 15, from which point the
northwest corner of said section bears N01 °11'45"E 2628 00 feet distant, and
from which point the southwest corner of said section bears S01019'23"W
2630 04 feet distant, thence S89051'38"E, along the east west center of section
line of said Section 15, a distance of 897 77 feet, thence N24°44'21"W 53 34
feet, thence N20012'27"E 43 53 feet to a point on a 1340 00 foot radius, circular
curve to the left, from which point the center of said curve bears N24042'56"W
thence northeasterly, along said curve, through a central angle of 2023'08', an
arc distance of 55 79 feet to a point of tangency, thence N62053'56"E 137 49 feet
to the TRUE POINT OF BEGINNING of the herein described tract of land, thence
continuing N62053'56"E 218 27 feet to a point of tangency with a 1960 00 foot
radius curve to the right, thence northeasterly, along said curve, through a central
angle of 10°00'58", an arc distance of 342 64 feet, thence S65009'08"E 181 feet,
thence S61059'54"W 139 68 feet, thence S60050'45"W 343 27 feet, thence
S74024'16'W 7916 feet, thence N27006'04"W 30 00 feet to the TRUE POINT OF
BEGINNING
Containing 17,644 square feet or 0 405 acres f%�y.—•?
v. - rel
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EXHIBIT "A"
Page 4 of 5
Slope Easement No 3 from the City of Seattle
That portion of Section 15, Township 22 North, Range 4 East, W M, in King
County, Washington, described as follows
Commencing at the west quarter corner of said Section 15, from which point the
northwest corner of said section bears N0101 1'45"E 2628 00 feet distant, and
from which point the southwest corner of said section bears S01 °19'23"W
2630 04 feet distant, thence S89051'38"E, along the east west center of section
line of said Section 15, a distance of 897 77 feet, thence N24044'21"W 53 34
feet, thence N20012'27"E 43 53 feet to a point on a 1340 00 foot radius, circular
curve to the left, from which point the center of said curve bears N24042'56"W,
thence northeasterly, along said curve, through a central angle of 2023'08", an
are distance of 55 79 feet to a point of tangency; thence N62053'56"E 355 76
feet; thence N27006'04"W 40 00 feet to a point of curvature on a 2000 00 foot
radius, circular curve to the right, from which point the center of said curve bears
S27006'04"E, thence northeasterly, along said curve, through a central angle of
3°33'38", an arc distance of 124 30 feet to a point on said curve, thence
N23032'26"W 50 00 feet to the east line of the southwest quarter of the northwest
quarter of said Section 15 and the TRUE POINT OF BEGINNING of the herein
described tract of land, thence N00058'32"E, along said east line, 17 46 feet,
thence N69043'03"E 444 45 feet, thence N72°04'25"E 260 76 feet to the west line
of the east half of the northeast quarter of the northwest quarter of said Section
15, thence S00051'59"W, along said west line, 86 63 feet, thence S84031'32"W
40 98 feet to a point of tangency with a 2050 00 foot radius, circular curve to the
left, thence southwesterly, along said curve, through a central angle of 18103'57",
an arc distance of 646 38 feet to the TRUE POINT OF BEGINNING
Containing 23,805 square feet or 0 546 acres
EXHIBIT "A"
Page 5 of 5
45
Return Address:
Attn: Prop= Management
CiV of Kent
220 Fourth Ave. S.
Kent, WA 98032
III 1111111111111111111111
20031030001902
PACIFIC T CORD 28.00
PAGE 0@1;1::1U@1
10/a0/20:38
KING COU, A
KING COUNTY, WASHINGTON, AUDITOR/RECORDEWS COVER SHEET
Document Title: City of Kent Ordinance No. 3660: Relating to Eminent Domain
Reference Number(s): N/A 16/2-S PN WT
w (cot 1)-,12-
Grantor(s): City of Kent, a Washington municipal corporation
Grantee(s): The Public, Ordinance No. 3660 Said dorumnr t(s) were filed for
record by Pacific , ,_,r, vesr Title as
a0commoaa1icn ca,ly li • as not be.
Abbreviated Legal Description: examined as to proper execution c -
as to its affeOL L~Pon liu8
Ptns. of Sec. 15; Twn. 22N, Rug 4E, W.M. King County, State of
Washington
Additional legal description on Exhibit "A" of document
Assessor's Property Tax Parcel/Account Number(s):
152204-9066; 9065; 9002; 9008; 9007; 9012
D.L.C. 000200-0010; 0011; 0012;0001;0005; 0022; 0023; 0003
Project Name: 228th West Leg Improvement Project