HomeMy WebLinkAbout3767Ordinance No. 3767
(Amending or Repealing Ordinances)
CFN=1300 - LID 359
Passed - 11/15/2005
S. 277th Street Corridor Extension Project Condemnation Ordinance
Recorder's # 20060110000427
Amended by Ord. 3811
The date ["Beginning July 1, 1998"] has led to confusion This date will be deleted from cover sheets of
ordinanceiresolution revision pages This cover sheet will be deleted on electronic pages only no other
deletions or changes have been made to the document — 612112012
ORDINANCE NO.
AN ORDINANCE of the City Council of the City
of Kent, Washington, providing for the acquisition of real
property and/or property rights located between Kent-
Kangley Road and Southeast 2561h Street adjacent to 116th
Avenue Southeast and located adjacent to Kent-Kangley
Road up to 700 feet east of 116`h Avenue Southeast. This
action is being taken in order to construct the underground
electrical system and road improvements for the S 277th
Street Corridor Extension Project 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 2771 Street Corridor Extension Project fund (Fund
No R90070 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,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. After hearing the report of City staff, and after
reviewing the planned improvements for the S 277th Street Corridor Extension Project
(the "Project"), the City Council finds and declares that the public convenience, use,
1 S. 27 1h Street Corridor Extension
Project Condemnation Ordinance
i t ✓
safety and necessity demand that the City of Kent condemn, appropriate, take
land 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
the Project, including all necessary appurtenances. The properties affected by this
lordmance are legally described in Exhibit A, attached and incorporated by this
(collectively the "Property"). The purposes for which this condemnation is
authorized shall include, without limitation, all acts necessary to complete the
construction, extension, improvement, widening, alteration, maintenance,
and restoration of the Project, and any other municipal purpose that may
necessary from time to time on the Property.
SECTION2. The City authorizes the acquisition by condemnation of
fall 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
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
condemnation provided for in this ordinance through the City's "S. 277" Street
Extension Project" fund (Fund No R90070 66100 220) or from any of the
s general funds, if necessary, as may be provided by law.
SECTION 5. The City authorizes and directs the city attorney to
those proceedings provided by law that are necessary to condemn the
In commencing these condemnation procedures, the City Council authorizes
2 S. 277`h Street Corridor Extension
Project Condemnation Ordinance
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 flus 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
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.
JACOBER, CMTY CLERK
N
3 S. 277"h Street Corridor Extension
Project Condemnation Ordinance
APPROVED AS TO FORM:
CITY ATTORNEY
PASSED- 1 day of 2005
APPROVED: /5 day of 2005.
PUBLISHED: /_ day of , 2005
I hereby certify that this is a true copy of Ordinance No. 27& Z
by the City Council of the City of Kent, Washington, and approved by the
of the City of Kent as hereon indicated.
AL)
BRENDA JACOBER, eITY CLERK
4 S. 277`h Street Corridor Extension
Project Condemnation Ordinance
EXHIBIT "A"
No. 587453
Parcel Number 4 of City of Kent Short Plat Number SPC -77-14, as
recorded under Recording Number 7708090530, records of King
County, Washington, described as follows:
The north 80 feet of the south 160 feet of the east 140 feet of
the south 320 feet of the northeast quarter of the northeast
quarter of the northeast quarter of Section 29, Township 22 North,
Range 5 East, W.M., in King County, Washington;
EXCEPT the east 30 feet thereof for 116th Avenue Southeast.
EXHIBIT A
PAGE 1 OF 24
No. 587454
Lot 3, described in City of Kent Short Plat Number SPC -77-15, also
known as SPC -77-14, as recorded under Recording Number 7708090530,
being a portion of the northeast quarter of the northeast quarter of
the nor:.heast quarter of Section 29, Township 22 North, Range 5
East, W.M., in K2 -ng County, Washington.
EXHIBIT A
PAGE 2 OF 24
No. 587455
That portion of the east half of the northeast quarter of the
northeast quarter of Section 29, Township 22 North, Range 5 East,
W M , in King County, Washington, lying south of the south line of
the northeast quarter of the northeast quarter of the northeast
quarter of said Section 29, and lying north of the south line of the
north half of that portion of the east half of the northeast quarter
of the northeast quarter of Section 29, Township 22 North, Range 5
Exist, W.M., in King County, Washington, lying between the south line
of the north 10.00 acres of the east half of the northeast quarter
of" the northeast quarter of said section and the north line of the
south half of the southeast quarter of the northeast quarter of the
northeast quarter of said section;
EXCEPT the east 30 feet thereof conveyed to King County for road by
Deed recorded under Recording Number 4768141.
EXHIBIT A
PAGE 3 OF 24
No. 587458
That portion of the south half of the southeast quarter of the
northeast quarter of the northeast quarter of Section 29,
Township 22 North, Range 5 East, W.M., in King County, Washington,
described as follows -
Beginning at the northeast corner of the south half of the southeast
quarter of the northeast quarter of the northeast quarter of
Section 29, Township 22 North, Range 5 East, W M., in King County,
Washington;
Thence north 88°10146" west along the north line of the south half
of the southeast quarter of the northeast quarter of the northeast
quarter of said Section 29, a distance of 30.00 feet to the TRUE
POINT OF BEGINNING;
Thence south 00°33132" west along the westerly margin of 116th Avenue
Southeast 176.50 feet;
Thence north 88°16118" west a distance of 197.85 feet;
Thence north 00°33'32" east a distance of 176 91 feet to the north
line of the south half of the southeast quarter of the northeast
quarter of the northeast quarter,
Thence south 88010146" east along said south line 197.88 feet to the
TRUE POINT OF BEGINNING;
(ALSO KNOWN AS Parcel A of City of Kent Lot Line Adjustment Number
LL -97-18, recorded under King County Recording Number 9801261662).
EXHIBIT A
PAGE 4 OF 24
,
No 587459
That portion of the south half of the southeast quarter of the
northeast quarter of the northeast quarter of Section 29,
Township 22 North, Range 5 East, W M , in King County, Washington,
described as follows:
Beginning at the northeast corner of the south half of the southeast
quarter of the northeast quarter of the northeast quarter of
Section 29, Township 22 North, Range 5 East, W.M.;
thence north 88010146" west 30.00 feet,
thence south 00°55152" west along the westerly margin of 116th Avenue
Southeast 176.59 feet to the TRUE POINT OF BEGINNING;
thence continuing along said westerly margin south 00055152" west
153 58 feet;
thence north 88016118" west, along the south line of the south 110
feet of the south half of the southeast quarter of the northeast
quarter of the northeast quarter of said Section 29, a distance of
334.72 feet;
Thence north 00034118" east, along the east line of the west 287
feet of the south half of the southeast quarter of the northeast
quarter of the northeast quarter of said Section 29, a distance of
330.75 feet;
thence south 88010146" east, along the north line of the south half
of the southeast quarter of the northeast quarter of the northeast
quarter of said Section 29, a distance of 138.94 feet,
thence south 00055152" west 176.91 feet;
thence south 88016118" east 197.85 feet to the TRUE POINT OF
BEGINNING;
(ALSO KNOWN AS Parcel B of City of Kent Lot Line Adjustment Number
LL -97-18, recorded under King County Recording Number 9601261662).
EXHIBIT A
PAGE 5 OF 24
No. 587460
That portion of the east half of the southeast quarter of the
northeast quarter of Section 29, Township 22 North, Range 5 East,
W.M , in King County, Washington, described as follows -
Beginning at the northeast corner of said subdivision;
thence south 1009140" east, along the east line of said subdivision,
100 feet;
thence continuing south 1009140" east along said east line 117 feet;
thence south 89037151" west, parallel with the north line of said
subdivision, 397.15 feet;
thence north 0009135" east 100 feet to the north line of said
subdivision;
thence north 89037151" east 394.85 feet to the point of beginning;
EXCEPT the east 30 feet thereof heretofore conveyed to King County
for road by deed recorded under Recording Number 4768139.
EXHIBIT A
PAGE 6 OF 24
No. 587461
That portion of the east half of the southeast quarter of the
northeast quarter of Section 29, Township 22 North, Range 5 East,
W.M., in King County, Washington, described as follows.
Beginning at the northeast corner of said subdivision;
Thence south 1°09140" east, along the east line of said subdivision,
100 feet to the TRUE POINT OF BEGINNING of the tract herein
described;
Thence continuing south 1°09'40" east 100 feet;
Thence south 89037'51" west, parallel to the north line of said
subdivision, 399.46 feet;
Thence north 0009135" east, 100 feet;
Thence north 89°37151' east 397 15 feet to the TRUE POINT OF
BEGINNING;
EKCEPT the east 30 feet thereof conveyed to King County by deed
recorded under Recording Number 4760139;
AND EXCEPT the west 167.15 feet thereof.
EXHIBIT A
PAGE 7 OF 24
No. 587462
That portion of the east half of the southeast quarter of the
northeast quarter of Section 29, Township 22 North, Range 5 East,
W.M., in King County, Washington, described as follows:
Beginning at the northeast corner of said subdivision;
thence south 1009140" east, along the east line of said subdivision,
200 feet to the TRUE POINT OF BEGINNING of the tract herein
described;
thence continuing south 1009140" east along said east line 117 feet;
thence south 89037151" west, parallel with the north line of said
subdivision, 402.15 feet;
thence north 0009135" east 116.99 feet;
thence north 89°37131" east 399.46 feet to the TRUE POINT OF
BEGINNING;
EXCEPT the east 30 feet thereof heretofore conveyed to King County
for road by deed recorded under Recording Number 4768139;
TOGETHER WITH the west 167.15 feet of the following described tract:
That portion of the east half of the southeast quarter of the
northeast quarter of Section 29, Township 22 North, Range 5 East,
W.M , in King County, Washington, described as follows:
Beginning at the northeast corner of said subdivision;
thence south 1009140" east, along the east line of said subdivision,
100 feet to the TRUE POINT OF BEGINNING of the tract herein
described;
thence continuing south 1009140" east 100 feet;
thence south 89°37'51" west, parallel with the north line of said
subdivision, 399.46 feet;
thence north 0009135" east 100 feet;
thence north 89037'51" east 397.15 feet to the TRUE POINT OF
BEGINNING.
EXHIBIT A
PAGE 8 OF 24
No 587463
That portion of the east half of the southeast quarter of the
northeast quarter of Section 29, Township 22 North, Range 5 East,
W.M., in King County, Washington, described as follows:
Beginning at the intersection of the east line of said subdivision
with the centerline of Kent Kangley Road (Secondary State Highway
No. 5-A);
Thence north 63°1315511 west along said centerline 261.61 feet;
Thence north 00°31130" east 237.16 feet to the south line of the
north 317 feet in width of said subdivision;
Thence south 89'3715111 east along said south line 224.17 feet, more
or less, to the east line of said subdivision;
Thence south 0100914011 east along said east line 356.50 feet, more
or less, to the point of beginning,
EXCEPT that portion thereof lying within the Kent Kangley Road
(Secondary State Highway No 5-A);
AwD EXCEPT those portions thereof conveyed to King County for road
purposes by deeds recorded under Recording Numbers 4768139 and
6108249;
PND EXCEPT that portion thereof conveyed to the State of Washington
for highway purposes by deed recorded under Recording Number
7910160093.
EXHIBIT A
M
PAGE 9 OF 24
No. 587464
That portion of the southwest quarter of the northwest quarter of
Section 28, Township 22 North, Range 5 East, W.M., in King County,
Washington, described as follows:
Beginning at the point of intersection of section line between
Sections 28 and 29, said Township and Range with the center line of
Kent -Black Diamond Road, known as Road No. 173,
thence in a southeasterly direction along the center line of said
road 482 feet;
thence southwesterly 436 feet, more or less, to a point in the
quarter line running east and west through said Section 28, which is
329 feet east of said section line;
thence west along said quarter line to the west line of said
Section 28;
thence north to the point of beginning;
EXCEPT portion described as follows:
Beginning at a point of intersection of section line between said
Sections 28 and 29 with the center line of Kent -Black Diamond Road;
thence southeasterly 290 feet;
thence southwesterly 525 feet, more or less, to the south line of
said southwest quarter which is 155 feet east of said section line;
thence west along said south line to the west line of said section;
thence north to point of beginning;
EKCEPT portion thereof lying within Kent -Black Diamond Road;
AND EXCEPT portion condemned under King County Superior Court Cause
Number 80-2-12898-1.
EXHIBIT A
PAGE 10 OF 24 -
No. 587465
That portion of the southwest quarter of the northwest quarter of
Section 28, Township 22 North, Range 5 East, W.M., in King County,
Washington, described as follows:
Beginning at a point on the center line of the Kent -Black Diamond
Road No. 173, which point is 482 feet southeasterly of the west line
of said Section 28 (measured along the center line of said road);
thence southeasterly along said road, 170 feet;
thence south to the south line of the northwest quarter of said
section,
thence westerly along said south line to a point 329 feet east of
the west line of said section;
thence northeasterly to the point of beginning;
EXCEPT Kent-Kangley Highway (County Road Number 173, SSH Number 5);
APID EXCEPT that portion conveyed to the State of Washington for
Kent-Kangley Highway, (County Road No. 173, SSH No. 5-A) by deed
recorded under Recording Number 7907060276.
EXHIBIT A
PAGE 11 OF 24
No. 587467
That portion of the southwest quarter of the northwest quarter of
Section 28, Township 22 North, Range 5 East, W.M , in King County,
Washington, described as follows:
Beginning at the northwest corner of said subdivision;
Thence south 0057108" west along the west line thereof 500 feet,
Thence south 88°57102" east 210 feet;
Thence south 0°57'08" west 250.56 feet to the northeasterly margin
of Kent-Kangley State Highway ISR 5161, as originally established;
Thence along said margin south 61°05'37" east 22.64 feet to the TRUE
POINT OF BEGINNING;
Thence north 0°57'08" east 111.14 feet;
Thence south 88°57'02" east 84.86 feet;
Thence south 2017106" west 154.18 feet to the northeasterly margin
of the State Highway;
Thence north 61°05137" west 92.03 feet to the TRUE POINT OF
BEGINNING;
EXCEPT that portion thereof condemned for highway purposes in
Superior Court Cause Number 80-2-01391-2.
EXHIBIT A
PAGE 12 OF 24
No. 587469
PARCEL A:
The east 80 feet of Lot 6, Phillip's Fairview, according to the
plat thereof recorded in Volume 67 of Plats, page 97, in King
County, Washington;
EXCEPT the north 80 feet thereof;
AND EXCEPT that portion as conveyed to King County by deed recorded
under Recording Number 6108248.
PARCEL B:
That portion of Lot 6, Phillip's Fairview, according to the plat
thereof recorded in Volume 67 of Plats, page 97, in King County,
Washington, lying south of the north 80 feet thereof, and west of
the east 80 feet thereof;
EKCEPT that portion conveyed to King County by deed recorded under
Recording Number 5353698 and Recording Number 6108248
PARCEL C:
The north 80 feet of Lot 6, Phillip's Fairview, according to the
plat thereof recorded in Volume 67 of Plats, page 97, in King
County, Washington.
EXHIBIT A
PAGE 13 OF 24
No. 587470
Lot 4, Phillip's Fairview Addition, according to the plat thereof
recorded in Volume 67 of Plats, page 97, in King County, Washington.
EXHIBIT A
PAGE 14 OF 24
No. 587471
Lot 3, Phillips Fairview Addition, according to the plat thereof
recorded in Volume 67 of Plats, page 97, in King County, Washington.
EXHIBIT A
PAGE 15 OF 24
No. 587472
Lot 2, Phillip's Fairview Addition, according to the plat thereof
recorded in volume 67 of Plats, page 97, in King County, Washington.
EXHIBIT A
PAGE 16 OF 24
No. 587473
Lot 1, Phillip's Fairview Addition, according to the plat thereof
recorded in volume 67 of Plats, page 97, in King County, Washington.
EXHIBIT A
PAGE 17 OF 24
No. 587474
The south 62 feet of the south half of the west half of the west
half of the northwest quarter of the northwest quarter of Section
28, Township 22 North, Range 5 East, W.M., in King County,
Washington;
EXCEPT the west 30 feet thereof conveyed to King County by
instrument recorded under Recording Number 4768138
EXHIBIT A
PAGE 18 OF 24
No. 587475
The south 264 feet of the north 528 feet of the south half of the
west half of the west half of the northwest quarter of the northwest
quarter of Section 28, Township 22 North, Range 5 East, W.M., in
King County, Washington;
EXCEPT the west 30 feet thereof conveyed to King County by
instrument recorded under Recording Number 4768113.
EXHIBIT A
PAGE 19 OF 24
No. 587476
The north 264 feet of the south half of the west half of the west
half of the northwest quarter of the northwest quarter of Section
28, Township 22 North, Range 5 East, W.M., in King County,
Washington;
EXCEPT the west 30 feet thereof conveyed to King County by
instrument recorded under Recording Number 4768112.
EXHIBIT A
PAGE 20 OF 24
No. 588136
Lot 1, Sunset Manor, according to the plat thereof recorded in
Volume 72 of Plats, page 93, in King County, Washington.
EXHIBIT A
PAGE 21 OF 24
No. 588137
Lot 6, Sunset Manor, according to the plat thereof recorded in
Volume 72 of Plats, page 93, in King County, Washington.
EXHIBIT A
PAGE 22 OF 24
No. 588138
Lot 7, Sunset Manor, according to the plat thereof recorded in
Volume 72 of Plats, page 93, in King County, Washington.
EXHIBIT A
PAGE 23 OF 24
No. 588140
Lot 9, Sunset Manor, according to the plat thereof recorded in
Volume 72 of Plats, page 93, in King County, Washington.
EXHIBIT A
PAGE 24 OF 24
Return Address -
Ke to Cl
Cierk I IIIII IIIII VIII VIII IIIII IIIII IIIII VIII VIII VIII VIII VIII VIII VIII IIII IIII
Cty of Kent
220 Fourth Ave S 20060110000427
Kent, WA 98032 PACIFIC NW TIT30 ORD 61.00
PADE0OF 0
\.-KING01COUNTTY09WA8
WASHINGTON STATE COUNTY AUDITOR/RECORDER'S COVER SHEET
Document Title: City of Kent Ordinance No. 3767: Relating to Eminent Domain
Reference Number(s): N/A
Grantor(s): City of Kent, a Washington municipal corporation "1
Grantee(s): The Public, Ordinance No. 3767
Abbreviated Legal Description:
Ptns. of Sec. 29; Twn. 22N, Rng 5E, W.M. King County, State of
Washington; Ptns of Sec. 28; Twn. 22N, Rug 5E, W.M. King County,
State of Washington
Additional legal description on Exhibit "A" of document
Assessor's Property Tax Parcel/Account Number(s): 292205-9130, 292205-9232
292205-9144, 292205-9145, 292205-9072, 292205-9132, 292205-9123, 292205-9296
292205-9297, 675670-0060, 675670-0040, 675670-0030, 675670-0020, 675670-0010
282205-9229, 282205-9104, 282205-9105, 813330-0010, 813330-0060, 813330-0070
813330-0090,282205-9221,282205-9092,282205-9013
Project Name: S. 277th Street Corridor Extension Project
Said document(s) were filed for
record by Pacific Nord wiMTitle85
accommodation only. It hes not bean
examined as to prop N1111110AMOr
as to its affect "Pon title.