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HomeMy WebLinkAbout3839 (18)CFN=1313 — Condemnation Ordinance Passed — 2/5/2008 East Valley Highway Improvement Project Condemnation Ordinance Recorder's # 20080304001289 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. 17 ORDINANCE NO. 10 73 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 84tH Avenue South (East Valley Highway) from South 224th Street to South 212th Street. 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 East Valley Highway Improvement Project fund (Fund No. R90056). 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 East Valley Highway 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 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 Project, including all necessary appurtenances. The properties and owners of record 1 East Valley Highway Improvement Project Condemnation Ordinance 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 Project, 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 dust 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. SECTION 4. The City shall pay for the entire cost of the acquisition by condemnation provided for in this ordinance through the City's "East Valley Highway Improvement Project" fund (Fund No. R90056), or from any of the City's general funds, if necessary, as may be permitted by law. 2 East Valley Highway Improvement Project Condemnation Ordinance SECTION S. 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. ATTEST: JACOBER, CITY 3 East Valley Highway Improvement Project Condemnation Ordinance APPROVED AS TO FORM: TOM BRUBAK R, CITY ATTORNEY PASSED: �` day of , 200. APPROVED: �� day of r 2001 -- PUBLISHED: day of ' , 2009-. 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. BRENDA JACOBER, CI LERK P \Civil\Ordinance\Condemn-EastValleyHwyImprovement doc 4 East Valley Highway Improvement Project Condemnation Ordinance EXHIBIT A Order No. 634523 OWNER: RSD KNIGHT, LLC TAX PARCEL NO.: 122204-9082 Lot 4, City of Kent Short Plat Number SPC -76-10, recorded under Recording Number 7611180568, being a portion of the following: The east 256.72 feet of the northeast quarter of the southeast quarter of the northeast quarter of Section 12, Township 22 North, Range 4 East, W.M., in King County, Washington; EXCEPT the south 30 feet; AND EXCEPT the north 198 feet; AND ALSO EXCEPT the east 42 feet thereof. EXHIBIT "X' PAGE 1 OF 20 U Qrder No. 634524 OWNER: CBGPK PARTNERSHIP TAX PARCEL NO.: 122204-9095 Lot 3, City of Kent Short Plat Number SPC 76-10, recorded under Recording Number 7611180568, being a portion of the following: The east 256.72 feet of the northeast quarter of the southeast quarter of the northeast quarter of Section 12, Township 22 North, Range 4 East, W.M., in King County, Washington; EXCEPT the south 30 feet; AND EXCEPT the north 198 feet; AND ALSO EXCEPT the east 42 feet thereof as conveyed to the City of Kent by instruments recorded under Recording Numbers 7207210155 and 7207210156. EXHIBIT "A" PAGE 2 OF 20 3 , 3 Order No. 634525 OWNER• JACKSON, GARY L. & CHERYL S. TAX PARCEL NO.: 122204-9094 Lot 2, City of Kent'Short Plat SPC 76-10, recorded under Recording Number 7611180568, being a portion of the following described property: The east 256.72 feet of the northeast quarter of southeast'quarter. of the northeast quarter of Section 12, Township 22 North, Range 4 East, W.M., in King County, Washington; EXCEPT the south 30 feet; EXCEPT the north ns feet; EXCEPT the east 42 feet for road. EXHIBIT "A„ PAGE 3 OF 20 Order No. 634526 ` TAX PARCEL NO.: 122204-9040 OWNER: ROBERTS, GORDON L. & MARY K. , er Lot 1, City.of Kent Short Plat No. SPCo76 n ofrthe followorded ing: Recording Number 7611180568, being a p ; The east 256.72 feet of the northeast quarter of the southeast quarter of the northeast quarter of Section 12, Township 22. North, Range 4 East, W.M., in King County, Washington. EXCEPT the south 30 feet: ; : AND EXCEPT the north 198 feet; ALSO EX the easANDe t 42 feet thereof 11 TOGETHER WITH an easement for ingress, egress and utilities over the ; ast 6tf the south 30 feet of the west 214.75feet f thnoe astquarterof north half of the southeast quarter Section 12, Township 22 North, Range 4 East, W.M., in King County, Washington EXHIBIT "A" PAGE 4 OF 20 Order No. 634557 TAX PARCEL NO.: 122204-9107 OWNER• UPS Lot 2, City of Kent Short Plat No. SPC -77-36, recorded under Recording Number 7811080733, being a portion of the south half of the southeast quarter of the northeast quarter and the south 15 feet of the north half of the southeast quarter of the northeast quarter of Section 12, Township 22 North, Range 4 East, W.M., in King County, Washington; EXCEPT the east 30 feet thereof. EXHIBIT "A" PAGE 5 OF 20 Order No. 634527 OWNER TERRY L. HOLM TAX PARCEL NO - 12204-9048,-9052,-9065&9071 Parcel A: The east 104 feet of the north 70 feet of the north half of the southeast quarter of the southeast quarter of the northeast quarter of Section 12 Township 22 North Range 4 East, W. M. in King County, Washington; EXCEPT those portions deeded for road purposes by instruments recorded under Recording Numbers 749613 and 7309040007. Parcel B• The south 114 feet of the north 184 feet of the east 156 feet of the south half of the southeast quarter of the northeast quarter of Section 12 Township 22 North Range 4 East, W. M. in King County, Washington; EXCEPT those portions deeded for road purposes by instruments recorded under Recording Numbers 749613 and 7309040007. Parcel C: The south 31 feet of the north 215 feet of the east 156 feet of the south half of the southeast quarter of the northeast quarter of Section 12 Township 22 North Range 4 East, W. M. in King County, Washington; EXCEPT those portions deeded for road purposes by instruments recorded under Recording Numbers 749613 and 7309040007. Parcel D: The south 60 feet of the north 275 feet of the east 156 feet of the south half of the southeast quarter of the northeast quarter of Section 12 Township 22 North Range 4 East, W. M. in King County, Washington; EXCEPT those portions deeded for road purposes by instruments recorded under Recording Numbers 749613 and 7309040007. EXHIBTT "A" PAGE 6 OF 20 Order No. 634528 OWNER: DAVID'S PROPERTY MANAGEMENT, LLP TAX PARCEL NO.: 383000-0022 Lot 2 of City of Kent Short Plat Number SP -90-2 (Andover Short Plat), recorded under Recording Number 9007310700, being a portion of Tract 4, Kent Five -Acre Tracts, according to the plat thereof recorded in Volume 10 of Plats, page 19, in King County, Washington. EXHIBIT "A" PAGE 7 OF 20 Order No, 634529 OWNER. CHRIS G PALLS TAX PARCEL NO.: 383000-0023 The east 234 feet Tract the platssPahe ring to the Planorth half' of `, . {.• EkCEPT he north 30 a tCountyt Wash recorded in Kent S Aeas cre 12 feeSton; Iume-l0 of W8 dnRecordx'n9 Numbers 212p deeded for right of s Ston: 0079 and 721204 Way by deeds recorde+ ALSO 0080, in d 'kugust 3o AS Y of 198 recorded ung County. 630-9.1208,1, 1) ; 3 L as recon Kent under Kin Zine Adjustfien TOGETR WITK 9 County. Reco d aPProved urll m ted east aces Of the 234 00eeea ntfor ingresspropert Of the no zn9 Nu�er egress LAOCEL ty' ss to any and all Points th he f oOver f Tract h4 north 30 -�I above describo Provide portion Of plat) Lot 3, PortioneQOrding NumbeY of Kent Sho thereof recorOf act 4 °f Kent7320700,r King count. No. SP -90. Washington, d scrxbevolume 1U afAcre T actsnty Washing odover Short Co d as follows; plats, page 19cording to the11. plat a Tracts. at the southeast county ' In King Co Thence north 8gs comer of Tract Thence8KG2NN•ING; 26,00" west Ig.SO Kent Five -Acre Th north north 88 23� 39" east .160 feet to the TRue p0 " Thence soot 5 54" West165. 7o OF OF $NGnce uth 88, 13, 39" west 160 SO feet; so xi7NING, 26,00* east 70 165.Sp feet; feet to the TRDSr POINT EXHIBIT « PAGE 8 OF 20 Order No. 634529 LEGAL DESCRIPTION, continued: (ALSO KNOWN AS Lot B, City of Kent Lot Line Adjustment No. LL -94-130 recorded under Recording Number 9406070431), ; EXHIBIT "A„ PAGE 9 OF 20 Order No. 634530 OWNER: CHEROKEE ACQUISITION CORP. TAX PARCEL NO.: 122204-9028 That portion of the south half of the southeast quarter of Section 12, Township 22 North, Range 4 East, W.N., in King County, Washington, described as follows: Beginning at the northeast corner of said south half of the southeast quarter; Thence west along the north line of said south half of the southeast quarter 30 feet to an intersection with a line 30 feet west of and parallel with the east line of said south half of the southeast quarter; Thence south along said parallel line, a distance of 30 feet to the TRUE POINT OF BEGINNING; Thence west along a line 30 feet south of and parallel with the north line of said south half of the southeast quarter a distance of 320 feet; Thence south to a point on the north line of Tract 4, Shinn's valley Home Addition, according to the plat thereof recorded in volume 7 of Plats, page 22, in King County, Washington, which point is 320 feet west of a line 30 feet west of and parallel with the east line of said south half of the southeast quarter; Thence east 320 feet to said last described parallel line; Thence north along said parallel line to a point 30 feet south of the north line of said south half of the southeast quarter and the TRUE POINT OF BEGINNING; EXCEPT the east 12 feet thereof, conveyed to the City of Kent for street purposes, by deeds recorded under Recording Numbers 7206210073 and 7206210074. EXHIBIT "A" PAGE 10 OF 20 N Order No. 634531 OWNER: MV MOTELS, INC TAX PARCEL NO.: 775980-0020 , Lot 2, City of Kent Short Plat No. 75-1, recorded under Recording Number 7503310529, in King county, Washington, said short plat being a portion of Tract 2, Shinn's Valley Home Addition to Kent, according to the plat thereof recorded in Volume 7 of Plats, page 22, in King County, Washington. EXHIBIT "A" PAGE 11 OF 20 Order No, 634532 OWNER: 1301 LLC Lot3 Ak p R R drdin u o Kent short 7 A CEL NO.: 7759 Plat n maser 77 Plat N 80 0030 Page , 2 �cOrdieort to on of Or act 3 King count 3Z' recorded in King count the plat thereof �a Valley Under Y. Washingtok recorded in Rome Addi tj ume 7 Za o ort , PAGE 12 OF 20 oY ez Igo. 634531 ' • ., , ',. - _. . ` ' � s' '• •' 75750-009'1 r AR�E� NO 7 ° G, HOUgE �pVING :dity4' ° ats,Page zOle Ad 6 of Pl OW �R• 9r Shinn'sc rd d In volume follows of'�xact exeo xe c11 as , ..�jovexd'ale r6 That vort3 to the �lawa iiin9tonI dee 11 9 of Shinn s in Volume aoCoralaing, County, of 'rxac eof xecorde d =52, an . ' uthvest coxa he plat thCon, feet: yzz9 at the s°acGpxdin5CduntY, gash an�xacC 9 ar t 9, 244 to to pddijon to gen 52, }n est liz lie of saga tract, 9Q gee ; of plats, %h al al ei to the S west line oatb f 4 r feet to tre .hence nor o e ct, 24 ce east 1) arallel t th said era deed Tbe�'-e so, p Said tYa Lauth 11�'e °f „ City p£ Kent by died so", �� of along the ojj IteYeof conv yed t0� Oe the o£ Ite�t by Therice�ut Of irtingpq21GiGY veyecl to 90()80 �K0�p � ehat a R e . n9 ry r e of COVber T 61003 - r G Ua atporia geGoxai Stlo mbez xeCdxdea . .V:0vaIT g, pAGe A3 ©F 20 „ Order N •. o. 634534 - OWNER: `ROGER TAN AND . • • •' NAREN TAN TAX PARCEL N•O.: 775780-0070 The w~ , est 252 feet of the north 117.24 feet* Tract 7, Shinns Cloverdale Addition to Kent, according to the plat thereof recorded in Volume 6 of plats , page ,EXCEPT the west 12 feet, ass2, indeeded toKingtheCity of Kent for street county, Washington;' purposes under King County Recording Number 720 i 4 7240020, EXHIBIT "A„ PAGE 14 OF 20 order No. 634541 OWNER: KENT GARDEN, LLC TAX PARCEL NO.: 755780-0060 The north 209 feet of the west 300 feet of Tract 6, Shinn's ` Cloverdale Addition to Kent, according to the plat thereof recorded - Cloverdale in Volume 6 of Plats, page 52, in King County, W EXCEPT the west 12 feet thereof conveyed to the City of Kent for street by deed recorded under Recording Number 7301310050. EXHIBIT "A„ PAGE 15 OF 20 Order No 634542 OWNER: WILLO VISTA ESTATES, LLC TAX PARCEL NO.: 775780-0050 Tract 6, Shinns Cloverdale Addition to Kent, according to the plat thereof recorded in Volume 6 of Plats, page 52, in King County, Washington, EXCEPT the north 209 feet of the west 300 feet of said Tract 6. EXHIBIT "A" PAGE 16 OF 20 Order No. 634543 OWNER: ERNEST A. REINHARD TAX PARCEL NO.: 755780-0055 The west 350 feet of,Tract 5, Shinns Cloverdale Addition to'Kent, according to the plat thereof recorded in volume 6 of Plats, page 52, in King County, Washington; EXCEPT the west 12 feet thereof conveyed to the City of Kent by deed recorded under Recording Number 7209150084 for the widening of 84"a` Avenue South; ; TOGETHER WITH an easement for ingress and egress over the south 15 feet of the west 350 feet of Lot 6 of said plat, as set forth under Recording Number 4898571. , ' EXHIBIT ",W' PAGE 17 OF 20 • E . Order No. 634544 OWNER. JOHN L. SMITH TAX PARCEL NO. 775780-0032, -0041, -0043&44 PARCEL A: That portion of Tract 4, Shinns Cloverdale Addition to Kent,, ; according to the plat thereof recorded in Volume 6 of Plats, page 52, in King County, Washington, described as follows: . Beginning at the northwest corner of said Tract 4; Thence east along the north line of said Tract 4, a distance of 485 feet; I I - Thence southerly 90 feet along a line which, extended southerly, would intersect the south line of said tract, distant 488 feet from the southwest corner of said Tract 4; Thence west along a line parallel with the north line of said Tract 4, a distance of 184 feet to the TRUE POINT OF BEGINNING this description; 1,. - I ' Thence north parallel with the west line of said Tract 4, a distance of 90 feet, more or less, to the north line of said Tract 4; Thence west along said north line 301 feet, more or less, to the west line of said Tract 4; Thence south along said west line to the north line of the south 187 feet of Tract 4; ' Thence east along said north line 250 feet to the east line of the west 250 feet of said Tract 4; Thence south along said east line to a point that bears west, as measured parallel with the north line of said Tract 4, from the TRUE POINT OF BEGINNING; Thence east to the TRUE POINT OF BEGINNING; EXCEPT the west 12 feet thereof, conveyed to the City of�Kent'for street purposes by deed recorded under Recording Number 7305230121; ALSO that portion of Tract 4, Shinns Cloverdale Addition to Kent, according to the plat thereof recorded in Volume 6 of Plats, page 52, in King County, Washington, described as follows: Beginning at the northwest corner of said Tract 4; Thence east along the north line of said Tract 4 to a point 184 feet west of the easterly line of west 485 feet of said Tract 4 and the TRUE POINT OF BEGINNING of this description; Thence east along the north line of said Tract 4, a distance of 184 feet to the east line of the west 485 feet of said Tract 4; Thence southerly 90 feet along a line which, if extended southerly, would intersect the south line of said tract, distant 488 feet from the southwest corner of said Tract 4; EXHIBIT 'W" PAGE 18 OF 20 Order No. 634544 , LEGAL DESCRIPTION, continued: Thence west along a line parallel with the north line of said Tract 4, a distance of 184 feet; Thence north parallel with the west line of Tract 4, a distance of 90 feet, more or less, to the TRUE POINT OF BEGINNING. PARCEL B: ' The north 100 feet of the south 187 feet of the west 250 feet of Tract 4, Shinns Cloverdale Addition to Kent, according to the plat thereof recorded in volume 6 of Plats, page 52, in King County, Washington; EXCEPT the west 12 feet thereof conveyed to the City of Kent for street purposes by deeds recorded under Recording Numbers 7207240025 and 7207240026. PARCEL C: , The south 87 feet of the west 250 feet of Tract 4, Shinns Cloverdale , Addition to the City of Kent, according to the plat thereof recorded in Volume 6 of Plats, page 52, in King County, Washington; EXCEPT the west 12 feet thereof conveyed to the City of Kent for street purposes by deeds under Recording Numbers 7210240047 and 7210240048. PARCEL D: The north 100 feet of the west 250 feet of Tract 3, Shinns Cloverdale Addition to Kent, according to the plat thereof recorded in Volume 6 of Plats, page 52, in King County, Washington; EXCEPT the west 12 feet thereof conveyed to the City of Kent for street purposes by deeds recorded under Recording Numbers 7405090080 and 74050900081. EXHIBIT "A" PAGE 19 OF 20 order No. 634545 OWNER: TERESA STELLA CARACCIOLI TAX PARCEL NO.: 755780-0030 The west 402 feet of Tract 3, Shinn's Cloverdale Addition to Kent, according to the plat thereof recorded in Volume 6 of Plats, page 42, in King County, Washington; EXCEPT the north 100 feet of the west 250 feet thereof; AND EXCEPT the east 125 feet thereof; AND EXCEPT that portion thereof conveyed to the City of Kent by deed recorded under Recording Number 7209280087. EXHIBIT "A" PAGE 20 OF 20 Return Address: Attn: City Clerk City of Kent 220 Fourth Ave. S. Kent, WA 98032 *********************************************************************** WASHINGTON STATE COUNTY AUDITOR/ RECORDER'S COVER SHEET Document Title: City of Kent Ordinance No. 3873: 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: C�n� Ptns. of Sec. 12; Twn. 22N, Rng 4E, W.M. King County, State of Washington; Ptns of Kent 5 Acre Tracts, Vol. 10 of Plats, page 19, King County, State of Washington; Ptns of Shinn's Cloverdale Addition to the City of Kent, Vol 6 of Plats, page 52, King County, State of Washington, Ptns of Shinn's Cloverdale Addition to the City of Kent, Vol. 7 of Plats, page 22, King County, State of Washington; Ptns of Shinn's Cloverdale Addition to the City of Kent, Vol. 6 of Plats, page 42, King County, State of Washington Additional legal description on Exhibit "A" of document Assessor's Property Tax Parcel/Account Number(s): 122204-9082, 122204-9095 122204-9094, 122204-9040, 122204-9107, 122204-9048, 122204-9052, 122204-9065 122204-9071, 383000-0022, 383000-0023, 122204-9028, 775980-0020, 775980-0030 775780-0091, 775780-0070, 775780-0060, 775780-0050, 775780-0055, 775780-0032 775780-0041,775780-0043,775780-0044,775780-0030 Project Name: East Valley Highway Improvement Project Said documents) w9m Iced tOr record by Pacific Northwest TMe 46 aropmmodaWn only it has not Men -axamined ac to proper exaMoon or as to its affect tiDon trtle.