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Home My WebLink About3736` * i a 8 • �. CFN=102 - Street Vacation Passed - 3/1/2005 Street Vacation - SE 278th Street Recorder's # 20050425002435 The date ["Beginning July 1, 1998"1 has led to confusion. This date will be deleted from cover sheets of ordinance/resolution revision pages. This cover sheet will be deleted on electronic pages only, no other deletions or changes have been made to the document — 6/21/2012. ORDINANCE NO. 27. 54 AN ORDINANCE of the City Council of the City of Kent, Washington, relating to the vacation of a portion of Southeast 278a' Street right-of-way, east of 145th Place, lying within the north half of the southeast quarter of the northeast quarter of Section 34, Township 22 North, Range 5 East, W.M. in King County, in the City of Kent. RECITALS A. A petition has been filed by Cherie Lang, to vacate the portion of Southeast 278th Street right-of-way, east of 1451' Place, lying within the north half of the southeast quarter of the northeast quarter of Section 34, Township 22 North, Range 5 East, W.M., as legally described in Exhibit "A", attached and incorporated herein by this reference. B. The City's Planning Services Office processed this petition and, after consulting with all appropriate city departments, secured technical facts pertinent to the question of this vacation. C. The City Council fixed a time for a public hearing on the petition and the hearing was held with proper notice on October 19, 2004, in the City Council Chambers of the Kent City Hall. Street Vacation - SE 27e Street D. The Planning Services Office recommended that the City Council approve the petition subject to the conditions attached and incorporated as Exhibit `B". E. After the public hearing on October 19, 2004, the City Council approved the vacation with the conditions recommended by staff. F. The City Council finds that the portion of street sought to be vacated is: (1) a dedicated street 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 is in the public interest. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, ASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. — Recitals. The foregoing recitals are incorporated as if fully set forth herein. SECTION 2. —Vacation That portion of Southeast 2786' Street right-of-way, east of 1456i Place, lying within the north half of the southeast quarter of the northeast quarter of Section 34, Township 22 North, Range 5 East, W.M, in the City of Kent as described in Exhibit "A', is hereby vacated. SECTION3. —Vested Right. No vested rights shall be affected by the provisions of this ordinance. SECTION 4. — Severability. If any one or more section, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect 2 Street Vacation - SE 27e Street the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION S. — gEective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage as provided by law. I" ATTEST: BRENDA JACOBE TTY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: �_ day of M t /,-) , 2005. APPROVED: _L_ day of /� c A, 2005. PUBLISHED: j-'-- day of , 2005. I hereby certify that this is a true copy of Ordinance No. J ZA 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 1C3MDDRDJNANCZVwateM76SMd doe "J�Q.v (SEAL) BRENDA JACOBERLtITY CLERK Street Vacation - SE 278`k Street 13 ,R fi- M THAT PORTION OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF THE SOUTH 30 FEET OF SAID NORTH HALF WITH THE EAST LINE OF SAID NORTH HALF; THENCE NORTH 89021230" WEST ALONG SAID NORTH LINE 440 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 89°21'30" WEST 169.90 FEET; THENCE SOUTH 00055'38" WEST 39.00 FEET; THENCE SOUTH 89°39'30" EAST 12.27 FEET TO A POINT OF CURVATURE; THENCE ON A CURVE TO THE LEFT IN A NORTHEASTERLY DIRECTION HAVING A RADIUS OF 414.43 FEET, AN ARC OF 139.20 FEET; THENCE NORTH 79034'22" EAST 21.68 FEET; THENCE NORTH 00°55'38" EAST 10.90 FEET TO THE TRUE POINT OF BEGINNING. EXCEPT THE SOUTHERLY 5.00 FEET THEREOF. RESERVING HOWEVER UNTO THE CITY THE RIGHTS TO GRANT UTILITY EASEMENTS TO ANY PRIVATE OR QUASI -PRIVATE UTILITY SUCH AS, BUT NOT LIMITED TO, POWER, GAS, TELEPHONE OR CABLE TV WHICH HAS EXISTING FACILITIES WITHIN (UNDER, UPON AND/OR OVER) THE STREET RIGHT-OF-WAY PETITIONED TO BE VACATED. THE WIDTHS AND LOCATIONS OF SAID EASEMENTS SHALL BE ESTABLISHED AT THE TIME OF GRANT. ALSO RESERVING UNTO THE CITY OF KENT AN EASEMENT FOR UTILITIES IN SAID STREET RIGHT-OF-WAY. EXHIBIT 1'B" After a review of the comments received, the Planning Services Office recommends that the request to vacate a portion of SE 278'b Street a>N� be APPROVED with the follo%ti ing conditions 1) The City shall be compensated in L'S currency for the full appraised value of the right of way proposed to be vacated 2) All monies received for compensation shall be deposited in the school pedestrian walkway fund (R20036) and used for said fund's purpose 3) For any private or quasi-prnate utility such as power, gas, telephone or cable TV which has existing facilities within (under, upon and/or over) the right of way petitioned to be vacated, the petitioner shall grant said utility an easement for the operation and maintenance of same 4) Should Water Distinct #111 andfoi Soos Creel. Water and Seiver Dislnct have existing facilities within (under, upon and,or o%er) the right of way petitioned to be vacated, the petitioner shall giant said District(s) an easement for the operation and maintenance of same 5) The legal description of the right of +gay to be vacated shall be as denoted in the petition less that portion of said SE 278" Street right of way which lies southerly of a line that is parallel to and 30 feet northerly and perpendicular to the pavement centerline of said street as measured between the face of curb and face of curb and as established at the petitioner's sole expense by a Washington State licensed Land Surveyor after review and approval by the City's Public Works Department t Return Address: Attn: City Clerk City of Kent 220 Forth Ave. S. Kent, WA 98032 see 15:45 wa Document Title: City of Kent Ordinance No. 3736, Relating to Vacation of Street Reference Number(s): N/A 1 NM7, W 1(.43 - ra Qla� Grantor(s): City of Kent, a Washington municipal corporation Grantee(s): The Public Abbreviated Legal Description: Ptn of N Y2 of SE % of NE % of Sec. 34, Twn. 22N, Range 5E, W.M. King County, State of Washington Additional legal description is on Exhibit "A" of document. Assessor's Property Tax Parcel/Actnt Number(s): 342205-9171 Project Name:_ -_ _ WW-ftw_'off _ v MOOM by Peft Nmftsg Two as ammmOdaft only. It has not bean waa nhW as b prgxw wwmtlonror da blb &#w upon Vft.