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CFN=113 — Railroads
Passed — 11/15/2005
S. 228th Street GNSF RR Grade Separation Project Condemnation Ordinance
Recorder's # 20060110000428
The date ("Beginning July 1, 1998"] 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.
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ORDINANCE NO. 3 %(o 9
AN ORDINANCE of the City Council of the City
of Kent, Washington, providing for the acquisition of real
property and/or property rights located 600 feet east and
west of the Burlington Northern Santa Fe railroad tracks
adjacent to South 228th Street This action is being taken in
order to construct the South 228`" Street roadway
underpass. This Ordinance provides for the condemnation,
appropriation, taking and damaging of such surface and
aerial property rights as are necessary for that purpose and
provides for the payment thereof out of the S 228th Street
BNSF RR Grade Separation Project fund (Fund No.
R90067 66100 220) This Ordinance directs the city
attorney to prosecute the appropriate legal proceedings,
together with the authority to enter into settlements,
stipulations or other agreements; and acknowledges that all
of the real property affected is located within King County,
Washington.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
ASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. After hearing the report of City staff, and after
ewmg the planned improvements for the S. 228th Street Burlington Northern Santa
Railroad Grade Separation Project (the "Project"), the City Council finds and
1 S. 228' Street BASF RR Grade
Separation Project
Condemnation Ordinance
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 properties
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
The properties affected by this ordinance are legally described in
Exhibit A, attached and incorporated by this reference (collectively the "Property").
IThe purposes for which this condemnation is authorized shall include, without
limitation, all acts necessary to complete the construction, extension, improvement,
alteration, maintenance, reconstruction and restoration of the Project, and
other municipal purpose that may be necessary from time to time on the Property
SECTION 2. The City authorizes the acquisition by condemnation of
or a portion of the Property for the construction, extension, improvement, widening,
maintenance and reconstruction of the Project, together with all necessary
and related work to make a complete improvement according to City
SECTION 3. The City shall condemn the Property only upon
of all steps and procedures required by applicable federal or state law or
and only after dust compensation has first been made or paid into court for
owner or owners in the manner prescribed by law.
SECTION4. The City shall pay for the entire cost of the acquisition
by condemnation provided for in this ordinance through the City's "S. 2281h Street
BNSF RR Grade Separation Project" fund (Fund No. R90067 66100.220) or from any
of the City's general funds, if necessary, as may be provided by law.
SECTION S. The City authorizes and directs the city attorney to
commence those proceedings provided by law that are necessary to condemn the
2 S. 228`h Street BNSF RR Grade
Separation Project
Condemnation Ordinance
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. These settlements, stipulations, or agreements may include, but
are not 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.
SECTION 6. Any acts consistent with the authority and prior to the
effective date of this ordinance are ratified and confirmed.
SECTION 7. 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 its publication as provided by law
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RENDA JACOBER, CITY CLERK •• ,,, ,
3 S. 228`h Street BNSF RR Grade
Separation Project
Condemnation Ordinance
APPROVED AS TO FORM.
A'
OC�7X
PASSED: LS day of Y% , 2005.
APPROVED: /-6' day of , 2005.
PUBLISHED. /_ day of , 2005.
I hereby certify that this is a true copy of Ordinance No. 3 %(tee
by the City Council of the City of Kent, Washington, and approved by the
of the City of Kent as hereon indicated.
rZ2-�� EAL)
BRENDA JACOBER, CITY CLERK
1Crvi1\ORDNANCE\Condemn-S228ih5tBNSFGredeSepamnondoc <^ •K• r • L
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4 S. 228`x' Street BNSF RR Grade
Separation Project
Condemnation Ordinance
EXHIBIT "A"
No. 553878
PARCEL A:
That portion of the southeast quarter of the northeast quarter of
Section 13, Township 22 North, Range 4 East, W.M., in King County,
Washington, lying northwesterly of right-of-way of Primary State
Highway No. 5 condemned by the State of Washington under King County
Superior Court Cause No. 657464 and lying southerly of South 228th
Street as established by deed dated January 12, 1969 and recorded
under Recording Number 6293026, records of King County, Washington;
and lying easterly of the west 250 feet of said southeast quarter of
the northeast quarter of said section.
PARCEL B:
The west 250 feet of the southeast quarter of the northeast quarter
of Section 13, Township 22 North, Range 4 East, W.M., in King
County, Washington;
EXCEPT South 228th Street;
EXCEPT the Northern Pacific Railway right-of-way;
EXCEPT that portion conveyed to the State of Washington for Primary
State Highway No. 5 by deed recorded under Recording Number 5499517;
AND EXCEPT portion southeasterly of the northwesterly line of State
Road No. 167.
EXHIBIT "A"
PAGE 1 OF 7
No. 553879
That portion of the southwest quarter of the northeast quarter of
Section 13, Township 22 North, Range 4 East, W.M., in King County,
Washington, lying west of the Northern Pacific Railroad right-of-
way, described as follows:
Beginning at the northeast corner of the southwest quarter of the
northeast quarter of said Section 13;
Thence north 88036134" west along the north line of said subdivision
464.81 feet;
Thence south 1'08143" west 50 feet to the TRUE POINT OF BEGINNING of
this description;
Thence south 108143" west 680 28 feet;
Thence on a curve to the right, the center of which bears south
5316155" west 38.00 feet an arc distance of 15.08 feet;
Thence south 88043137" east 413.29 feet;
Thence north 46'19'29" east 33.19 feet to a point on the westerly
margin of said railroad right of way;
Thence northerly along said railroad right of way on a curve to the
left, the center which bears south 86014'13" west 9368.54 feet an
arc distance of 374.99 feet to a point of tangency;
Thence north 6003'23" west along said railroad right of way 299.14
feet to a point which bears south 8836'34" east from the point of
beginning;
Thence north 88036134" west 366.47 feet to the TRUE POINT OF
BEGINNING;
EXCEPT that portion condemned by the City of Kent in King County
Superior Court cause Number 693010 for improvement of South 228th
Street;
AND EXCEPT that portion lying easterly of the westerly margin of a
32.50 foot strip of land being 16.25 feet on each side of the
following described centerline:
Beginning at the intersection of the westerly margin of the Northern
Pacific Railroad right of way and the southerly margin of South
228th Street;
Thence north 88°36134" west along said southerly margin 16.39 feet
to the TRUE POINT OF BEGINNING of the herein described centerline;
Thence south 6°03'23" east parallel with and 16.25 feet distant
from, when measured at right angles to, the westerly margin of said
Northern Pacific Railroad a distance of 301 26 feet to a point of
curvature of a curve to the right of radius 9352.29 feet;
Thence southerly along said curve an arc length of 186.81 feet to a
point of compound curvature of a curve to the right of radius 459.28
feet;
Thence southerly and westerly along said curve to the south line of
the above described main tract.
EXHIBIT "A"
PAGE 2 OF 7
No. 553881
Lot 2 of Kent Short Plat Number 99-9, recorded under King County
Recording Number 20000125900005, being a portion of the northwest
quarter of the northeast quarter of Section 13, Township 22 North,
Range 4 East, W.M., in King County, Washington, and also being of
Lots 1 and 2, Kent Valley Industrial Park, according to the plat
thereof recorded in Volume 97 of Plats, pages 30 through 35,
inclusive, in King County, Washington.
EXHIBIT "A"
PAGE 3 OF 7
No. 553882
Lot 3 of Kent Short Plat Number 99-9, recorded under King County
Recording Number 20000125900005, being a portion of the northwest
quarter of the northeast quarter of Section 13, Township 22 North,
Range 4 East, W.M., in King County, Washington, and also being of
Lots 1 and 2, Kent Valley Industrial Park, according to the plat
thereof recorded in Volume 97 of Plats, pages 30 through 35,
inclusive, in King County, Washington.
EXHIBIT 'A"
PAGE 4 OF 7
No. 580610
Tract A, Kent Valley Industrial Park, according to the plat thereof
recorded in Volume 97 of Plats, pages 30 through 35, inclusive, in
King County, Washington.
EXHIBIT "A"
PAGE 5 OF 7
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Parcel A No. 506554
That portion of the Northern Pacific Railway right-of-way in the
northeast quarter of Section 13, Township 22 North, Range 4 East,
W.M., in King County, Washington, described as follows:
Commencing at the northwest corner of Tract A in the plat of Kent
Valley Industrial Park, according to the plat thereof recorded in
Volume 97 of Plats, pages 30 through 35, inclusive, in King County,
Washington;
Thence south 88°36 38" east, along the north line of said Tract A,
32.78 feet to the west margin of the Northern Pacific Railway right
of way and the TRUE POINT OF BEGINNING of the herein described
parcel;
Thence continuing south 88°36'38" east 100.85 feet to the east
margin of said right of way;
Thence north 06003110" west, along said east margin, 100.85 feet to
a point 100.00 feet northerly of, when measured at right angles to
the north line of said Tract A;
Thence north 88036138" west, parallel with said north line, 100.85
feet to the west margin of said right of way;
Thence south 06003110" east, along said west margin, 100.85 feet to
the TRUE POINT OF BEGINNING.
Parcel B
That portion of the Northern Pacific Railway right-of-way in the
northeast quarter of Section 13, Township 22 North, Range 4 East-,
W.M., in King County, Washington, described as follows:
Commencing at the northwest corner of Tract A in the plat of Kent
Valley Industrial Park, according to the plat thereof recorded in
Volume 97 of Plats, pages 30 through 35, inclusive, in King County,
Washington;
Thence south 88°36138" east, along the north line of said Tract A, a
distance of 32.78 feet to the west margin of the Northern Pacific
Railway right of way: Thence continuing south 88036138" east a
distance of 100.85 feet to the east margin of said right of way;
Thence north 06°03110" west, along said east margin, 100.85 feet to
a point 100.00 feet northerly of, when measured at right angles to
the north line of said Tract A extended to the east and the TRUE
POINT OF BEGINNING of the herein described parcel;
Thence continuing north 06003110" west, along said east margin, a
distance of 10.00 feet:
Thence north 88°36'38" west parallel with said extended north line
of Tract A a distance of 100.85 feet to the west margin of said
right of way;
Thence south 06°03110" east, along said west margin, a distance of
10 00 feet to a point which is north 88036138" west from the true
point of beginning: Thence south 88036138" east to the TRUE POINT OF
BEGINNING.
EXHIBIT "A"
PAGE 6 OF 7
No. 506554
Parcel C
That portion of the Northern Pacific Railway right-of-way in the
northeast quarter of Section 13, Township 22 North, Range 4 East,
W.M., in King County, Washington, described as follows.
Commencing at the northwest corner of Tract A in the plat of Kent
Valley Industrsal Park, according to the plat thereof recorded in
Volume 97 of Plats, pages 30 through 35, inclusive, in Kang County,
Washington;
Thence south 88036138" east, along the north line of said Tract A, a
distance of 32.78 feet to the west margin of the Northern Pacific
Railway right of way Thence continuing south 88°36138" east a
distance of 100.85 feet to the east margin of said right of way and
the TRUE POINT OF BEGINNING of the herein described parcel: Thence
south 06003110" east along said east margin a distance of 30.00
feet Thence north 88036138" west parallel with the extended north
line of Tract A a distance of 100.85 feet to the west margin of said
right of way: Thence north 0603'10" west, along said east margin, a
distance of 30.00 feet to a point which is north 88036138" west from
the TRUE POINT OF BEGINNING: Thence south 88036'3811 east a distance
of 100.85 feet to TRUE POINT OF BEGINNING
EXHIBIT "A"
PAGE 7 OF 7
G
Return Address:
Attn: Cites
City of Kent
220 Fourth Ave
Kent, WA 98032
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,10000428
ORD 44 00
WASHINGTON STATE COUNTY AUDITOR/RECORDER'S COVER SHEET
Document Title: City of Kent Ordinance No. 3768: Relating to Eminent Domain
Reference Number(s): N/A VtAwT – W33oj- -12-
Grantor(s): City of Kent, a Washington municipal corporation
Grantee(s): The Public, Ordinance No. 3768
Abbreviated Legal Description:
Ptus. of Sec. 13; Twn. 22N, Rng 4E, W.M. King County, State of
Washington
Additional legal description on Exhibit "A" of document
Assessor's Property Tax ParceUAccount Number(s): 132204-9168, 132204-9059
132204-9183,132204-9356,132204-9357,383090-0410,132204-9040
Project Name: S. 228th Street BNSF RR Grade Separation Project
Said document(s) wow teed for
record by Paofic Northwest Tide as
accommodation only, f< bae pot bean
examined as to proper exeOUkq w
as to its affect upon tide,