HomeMy WebLinkAbout3839 (20)CFN=1312 - Property Acquisition
Passed - 1/15/2008
West James St & 4th Ave N/W Cloudy St Improvements Projects
Recorder's # 20080304001288
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.
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 along 4th Avenue
North from West James Street to 350 feet north of West
Cloudy Street, along West Cloudy Street from 5th
Avenue North to 3rd Avenue North, and along West
James Street from the Interurban Trail to 4th Avenue
North. This action is being taken in order to construct
the improvements to widen and improve the roadways.
This Ordinance provides for the condemnation,
appropriation, taking and damaging of real property
and/or rights as are necessary for that purpose and
provides for the payment thereof out of the 4th Avenue
North Improvement Project fund (Fund No. R90081) and
West James Street Improvement Project fund (Fund No
R90083). 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 the corporate
limits of the City of Kent in 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 4th Avenue North/West Cloudy Street and the West
mes Street Improvement Projects (the "Projects"), the City Council finds and
1 West James Street and
4th Avenue N./W. Cloudy Street
Improvement Projects
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 within the corporate limits of the City of Kent in King
County, Washington, in order to acquire the necessary real property and/or
property rights for the construction of the Projects, including all necessary
appurtenances. The properties and owners of record affected by this ordinance
are described in Exhibit A, attached and incorporated by this reference (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, reconstruction and
restoration of the Projects, and any other municipal purpose lawfully permitted
within rights of way.
SECTION 2. The City authorizes the acquisition by condemnation of all or
a portion of the Property and/ or rights in the Property for the construction,
extension, improvement, widening, alteration, maintenance and reconstruction of
the Projects, together with all necessary appurtenances and related work to make
a complete roadway improvement according to applicable design, construction and
traffic standards and to accommodate other municipal purposes lawfully permitted
within rights of way.
SECTION 3. The City shall condemn the Property and/or rights in the
Property only upon completion of all steps and procedures required by applicable
federal, state, and/or local laws and regulations. The City's possession and use of
the Property and/or rights shall commence only after a firm offer has been made
and that amount has first been paid to the owner(s) and encumbrancers or paid
into the registry of the court for the owner(s) and encumbrancers - in the manner
prescribed by law. Title shall not pass to the City until the time just compensation
has been either agreed upon or has been finally adjudged by a court of competent
jurisdiction and that amount along with any interest accrued has been either
distributed to the owner(s) and encumbrancers or paid in full into the registry of
the court.
2 West James Street and
4th Avenue N./W. Cloudy Street
Improvement Projects
Condemnation Ordinance
SECTION 4. The City shall pay for the entire cost of the acquisition by
condemnation provided for in this ordinance through the City's "4th Avenue
North/West Cloudy Street Improvement Project" fund (Fund No. R90081) and/or
the "West James Street Improvement Project" fund (Fund No. R90083), or from
any of the City's general funds, if necessary, as may be permitted 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 and/or interests therein The City Council authorizes the city attorney to
enter into settlements, stipulations, or agreements in order to mitigate damages
and/ or to minimize costs. The bases for such 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; the acquisition of
temporary construction easements and other limited property interests; and costs
and attorneys fees
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.
3 West James Street and
4th Avenue N./W. Cloudy Street
Improvement Projects
Condemnation Ordinance
IATTEST:
BRENDA JACOBER,
APPROVED AS TO FORM:
RK
R, CITY ATTORNEY
PASSED: j-�r day of
APPROVED: day of
PUBLISHED: �2_ day of
2008.
71e:
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved by the
Mayor of the City of Kent as hereon indicated.
ciGv �`"'tstAL)
BRENDA JACOBER, CIV CLERK
P \Civil\Ordinance\Condemn-4thA,eNdVEfotMyC.: WegGamesStreetImpmvePmjects doc
_- ✓ 1.
4 West James Street and
4t" Avenue N./W, Cloudy Street
Improvement Projects
Condemnation Ordinance
EXHIBIT A
No. 656678
TAX PARCEL NO.. 132204-9022
OWNER. PUGET SOUND ENERGY
PARCEL A:
That portion of the following described Tract "X" lying south of a
line 150 feet north of and parallel to the south line of Section 13,
Township 22 North, Range 4 East, W.M., in King County, Washington:
Tract "X":
A strip of land, 100 feet in width, being 50 feet in width on each
side of the centerline of definite location of the Seattle -Tacoma
Interurban Railway, across the southeast quarter of the southwest
quarter of Section 13, Township 22 North, Range 4 East, W.M., in
King County, Washington, the centerline of said strip being
described as follows:
Beginning at a point on the south boundary line of said Section 13,
Township 22 North, Range 4 East, 829 feet west from the quarter
section corner between Sections 13 and 24;
thence north 0011' west 1,330.1 feet to the intersection with the
north boundary line of the southeast quarter of the southwest
quarter of said Section 13 and the terminus of line description,
said point of intersection being 475 feet easterly from the
northwest corner of the southeast quarter of the southwest quarter
of said Section 13;
EXCEPT the south 33 feet thereof conveyed to the City of Kent for
roadway purposes.
PARCEL B:
That portion of the following described Tract "Y" lying south of a
line 150 feet north of and parallel to the south line of Section 13,
Township, 22 North, Range 4 East, W.M., in King County, Washington:
Tract "Y":
Beginning at a point on the south boundary line of said Section 13,
Township, 22 North, Range 4 East, 973.5 feet west from the southeast
corner of the southwest quarter of said Section 13;
thence north, along the west line of a tract of land conveyed by
Samuel D. McMillin to Thomas K. McMillin by deed recorded in volume
36 of Deeds, page 528 under Recording Number 8584, 1,320 feet to the
northwest corner of said conveyed tract of land;
thence east, along the north line of the tract of land so conveyed,
EXHIBIT "A"
PAGE 1 OF 16
No. 656678
LEGAL DESCRIPTION, continued:
80 feet, more or less, to the west line of the strip of land
condemned and appropriated pursuant to decree dated September 17,
1901 entered in King County Superior Court Cause Number 33023, a
copy of which decree was recorded under Recording Number 217920;
thence southerly, along the west line of said strip of land so
appropriated, 1,320 feet, more or less, to the south line of said
Section 13;
thence west along said south line 69 feet, more or less, to the
point of beginning;
EXCEPT that portion lying west of a line commencing at a point on
the south boundary line of Section 13, Township, 22 North, Range 4
East, 973.5 feet west from the southeast corner of the southwest
quarter of said Section 13;
thence northerly, along the west line of a tract of land of a tract
of land conveyed by Samuel D. McMillin to Thomas K. McMillin by deed
recorded in Volume 36 of Deeds, page 528 under Recording Number
8584, 1,320 feet, more or less, to the north line of said southeast
quarter of the southwest quarter;
thence east along said north line 30 feet to the TRUE POINT OF
BEGINNING of line description;
thence southerly, parallel with the west line of said McMillin
Tract, to the south line of said southeast quarter of the southwest
quarter of Section 13, and the terminus of line description;
AND EXCEPT the south 33 feet thereof conveyed to the City of Kent
for roadway purposes.
EXHIBIT "A"
PAGE 2 OF 16
No. 656680
OWNER PUGET SOUND ENERGY TAX PARCEL NO - 242204-9097
That portion of the following described Tract "X" lying north of a
line 150 feet south of and parallel to the north line of Section 24,
Township 22 North, Range 4 East, W.M., in King County, Washington:
Tract "X":
A strip of land, 100 feet in width, being 50 feet in width on each
side of the centerline of the Seattle -Tacoma Interurban Railway, as
laid out and surveyed on, over, across and through the northeast
quarter of the northwest quarter of Section 24, Township 22 North,
Range 4 East, W.M., in King County, Washington, the centerline of
said strip being described as follows:
Beginning at a point on the north boundary line of said Section 24,
Township 22 North, Range 4 East, 829 feet west from the quarter
section corner on the north line of said Section 24;
thence south 0011' west 1,300 feet to the south line of the
northeast quarter of the northwest quarter of said Section 24 and
the terminus of line description;
EXCEPT the north 33 feet thereof conveyed to the City of Kent for
roadway purposes.
EXHIBIT "A"
PAGE 3 OF 16
No. 656677
OWNER: UNION PACIFIC RAILROAD CO. TAX PARCEL NO. 132204-9042
The south 150 feet of the following described property:
A strip of land, 100 feet in width, extending over and across, from
the south side to the north side of the southeast quarter of the
southwest quarter of Section 13, Township 22 North, Range 4 East,
W.M., in King County, Washington, said strip lying east of, parallel
with and contiguous to the right-of-way of the Puget Sound Electric
Railway company.
EXHIBIT "A„
PAGE 4 OF 16
No. 656679
OWNER UNION PACIFIC RAILROAD CO TAX PARCEL NO • 242204-9029
The north 150 feet of the following described property:
A strip of land, 350 feet in width, extending over and across, from
the south side to the north side of the northeast quarter of the
northwest quarter of Section 24, Township 22 North, Range 4 East,
W.M., in King County, Washington, said strip lying east of, parallel
with and contiguous to the right-of-way of the Puget Sound Electric
Railway Company;
EXCEPTING from said 350 -foot strip of land, that portion lying
easterly of the following described line:
Commencing at the northeast corner of said Section 24;
thence north 89048120" west along the north line of said Section 24,
a distance of 477.53 feet, more or less, to the easterly boundary of
the 350 -foot right-of-way conveyed to the Chicago, Milwaukee and St.
Paul Railway Company by deed recorded under Recording Number 455930;
thence south 00024140" east along said easterly right-of-way
boundary a distance of 979.75 feet;
thence north 53030120" west a distance of 50.72 feet;
thence north 43021140" west a distance of 50 feet;
thence north 39013100" west a distance of 50 feet;
thence north 32036129" west a distance of 45.83 feet;
thence north 08050'02" west a distance of 345.44 feet to the TRUE
POINT OF BEGINNING of line description;
thence north 00028.10" west a distance of 495.15 feet to the north
line of said Section 24 and the terminus of line description.
EXHIBIT "A'
PAGE 5 OF 16
No. 655679
OWNER REV BRUTSCHE FAMILY TRUST TAX PARCEL NO: 755740-0050
Lot 1, Block 2, Sandwick's Addition to the City of Kent, according
to the plat thereof recorded in Volume 59 of Plats, page 81, in King
County, Washington;
EXCEPT that portion thereof conveyed to the City of Kent by Deed
recorded under Recording Number 6444335, described as follows:
Beginning on the south line of said Lot 1, which is 15 feet from the
southwest corner of said Lot;
Thence westerly along said south line to said southwest corner;
Thence northerly along the west line of said Lot 1, 20 feet;
Thence southeasterly to the point of beginning.
EXHIBIT "A'
PAGE 6 OF 16
No. 655680
OWNER' EDGARDO R. OBRAS TAX PARCEL NO: 755740-0055
Lot 2, Block 2, Sandwick's Addition, according to the plat thereof
recorded in Volume 59 of Plats, page 81, in King County, Washington.
EXHIBIT "A"
PAGE 7 OF 16
No. 655681
OWNER KENNETH & MICHELLE WENDLING TAX PARCEL NO. 755740-0060
Lot 3, Block 2, Sandwick's Addition to the
to the plat thereof recorded in Volume 59
County, Washington.
EXHIBIT "A"
PAGE 8 OF 16
City of Kent, according
of Plats, page 81, in King
OWNER: JACOB W. GAMER
Lot 4, Block2, Sandwick's Addition
the plat thereof recorded in Volume
County, Washington.
EXHIBIT "A"
PAGE 9 OF 16
No. 655682
TAX PARCEL NO: 755740-0065
to the City of Kent, according to
59, of Plats, page 81, in King
k
No. 655683
OWNER GERALD WARREN TAX PARCEL NO 132204-9144
That portion of the south 102 feet of the northwest quarter of the
southwest quarter of the southeast quarter of Section 13,
Township 22 North, Range 4 East, W.M., in King County, Washington,
lying west of 4th Avenue as conveyed to the City of Kent by Deed
recorded under King County Recording Numbers 4914696 and 6454933;•
EXCEPT the west 33 feet thereof conveyed to the City of Kent, by
Deed recorded under King County Recording Number 5649487.
EXHIBIT "A"
PAGE 10 OF 16
No. 655685
TAX PARCEL NO 755740-0085
OWNER SUSAN E. STODDARD
Lot 8, Block 2, Sandwick's Addition to the City of Kent, according
to the plat thereof recorded in Volume 59 of Plats, page 81, in King
County, Washington;
EXCEPT that portion conveyed to City of Kent by deed recorded under
King County Recording Number 6454936.
EXHIBIT "N'
PAGE 11 OF 16
No. 655686
OWNER DOUGLAS RAE TAX PARCEL NO 755740-0080
North 56 feet of Lot 7, Block 2, Sandwick's Addition to'the City of
Kent, according to the plat thereof recorded in Volume 59 of Plats,
page 81, in King County, Washington;
EXCEPT that portion conveyed to City of Kent by deed recorded under
King County Recording Number 6454936.
EXHIBIT "A"
PAGE 12 OF 16
No. 655466
TAX PARCEL NO. 755740-0015
OWNER: PREFERRED PROPERTIES & INVESTMENT CO
Lot 3, Block 1, Sanwick's Addition to the City of Kent, according to
the plat thereof recorded in Volume 59 of Plats, page 81, in King
County, Washington;
EXCEPT the westerly 5 feet thereof condemned in King County Superior
Court Cause Number 708685 for North Fourth Avenue, in King County,
Washington.
EXHIBIT "XI
PAGE 13 OF 16
No. 658409
TAX PARCEL NO.. 755740-0020
OWNER• DEL -KENT, LLC
Lot 4, Block 1, Sandwicks Addition, according to the plat thereof
recorded in Volume 59 of Plats, page 81, in King County, Washington;
EXCEPT the westerly 5 feet thereof.
EXHIBIT "A!'
PAGE 14 OF 16
No. 658410
OWNER TUAN DO & JESSICA DONGUYEN TAX PARCEL NO 755740-0035
Lot 7, Block 1, Sandwick's Addition to the City of Kent, according in King
to the plat thereof recorded in Volume 59 of Plats, page B1,
County, Washington;
EXCEPT the westerly 5 feet thereounderyhby
Recording Number 6470986.
deed recorded February 14, 1969,
EXHIBIT "A"
PAGE 15 OF 16
No. 658411
OWNER. NANCY C COBLE TAX PARCEL NO: 132204-9152
The east 148 feet of the following described property:
The north 76.5 of the south 178.5 of the northwest quarter of the
southwest quarter of the southeast quarter of Section 13, Township
22 North, Range 4 East W.M., in King County, Washington;
EXCEPT the east 156 thereof;
AND EXCEPT that portion of 4th Avenue North as condemned by King
County Superior Court Cause No. 708685.
EXHIBIT "A"
PAGE 16 OF 16
Return Address:
Attn: City Clerk
City of Kent
220 Fourth Ave. S.
Kent, WA 98032
III I I III 1111111111111111111111
2 4001288
PACIFIC NW TIT ORD 63 00
PAGE091 OF 022
03/04/20M 14:37
KING COUNTY, WA
***********************************************************************
WASHINGTON STATE COUNTY AUDITOR/ RECORDER'S COVER SHEET
Document Title: City of Kent Ordinance No. 3871: Relating to Eminent Domain
Reference Number(s): N/A
Grantor(s): City of Kent, a Washington municipal corporation
Grantee(s): The Public
Abbreviated Legal Description:
?-r W ^d,<s5 1
I63
Ptns. of Sec. 13; Twn. 22N, Rng 4E, W.M. King County, State of
Washington; Ptns of Sec. 24; Twn. 22N, Rng 4E, W.M. King County,
State of Washington; Ptns of Sandwick's Addition to the City of Kent,
Vol. 59 of Plats, page 81, King County, State of Washington
Additional legal description on Exhibit "A" of document
Assessor's Property Tax Parcel/Account Number(s): 132204-9022, 242204-9097
132204-9024, 242204-9029, 755740-0050, 755740-0055, 755740-0060, 755740-0065
132204-9144, 755740-0085, 755740-0080, 755740-0015, 755740-0020, 755740-0035
132204-9152
Project Name: West James Street and 4`" Avenue North / West Cloudy Street
Improvement Project
Said document{s) were fled for
regard by Pacific Northwest Tltiewb
asoommodaWn only. It has not been
3xamined ae to proper exoewilm or
as 10 Its affect upon title.
M
♦ f
Return Address:
Attn: City Clerk
City of Kent
220 Fourth Ave. S.
Kent, WA 98032
III I I III 1111111111111111111111
2 4001288
PACIFIC NW TIT ORD 63 00
PAGE091 OF 022
03/04/20M 14:37
KING COUNTY, WA
***********************************************************************
WASHINGTON STATE COUNTY AUDITOR/ RECORDER'S COVER SHEET
Document Title: City of Kent Ordinance No. 3871: Relating to Eminent Domain
Reference Number(s): N/A
Grantor(s): City of Kent, a Washington municipal corporation
Grantee(s): The Public
Abbreviated Legal Description:
?-r W ^d,<s5 1
I63
Ptns. of Sec. 13; Twn. 22N, Rng 4E, W.M. King County, State of
Washington; Ptns of Sec. 24; Twn. 22N, Rng 4E, W.M. King County,
State of Washington; Ptns of Sandwick's Addition to the City of Kent,
Vol. 59 of Plats, page 81, King County, State of Washington
Additional legal description on Exhibit "A" of document
Assessor's Property Tax Parcel/Account Number(s): 132204-9022, 242204-9097
132204-9024, 242204-9029, 755740-0050, 755740-0055, 755740-0060, 755740-0065
132204-9144, 755740-0085, 755740-0080, 755740-0015, 755740-0020, 755740-0035
132204-9152
Project Name: West James Street and 4`" Avenue North / West Cloudy Street
Improvement Project
Said document{s) were fled for
regard by Pacific Northwest Tltiewb
asoommodaWn only. It has not been
3xamined ae to proper exoewilm or
as 10 Its affect upon title.
M