Loading...
HomeMy WebLinkAbout4152�4N OR®INAIVCE of the City council of the City of Kent, Washington, providing for the acquisition of certain property and/or property rights in order to construct, extend, widen, improve, alter, maintain, and reconstruct portions of 72nd Avenue South between South 196th Street and South 200th Street; providing for the condemnation, appropriation, taking, and damaging of such property rights as are necessary for that purpose; providing for the payment thereof out of the project fund; directing the City attorney to prosecute the appropriate legal proceedings, together with the authority to enter into settlements, stipulations, or other agreements; and acknowledging that all of the affected real property is located within the corporate limits of the City of Kent in King County, Washington. A. The 72"d Avenue S. Extension Project (��Project") is necessary to connect the roadway between S. 196th St. and S. 200th St. B. To complete the Project, the City must acquire certain property rights over a parcel of real property (the `Subject Property") owned of record by Western Processing Company, Inc. Western Processing is a defunct Washington corporation, and the Subject Property 1 72"d Ave, S. Improvements Condemnation Ordinance has since 1987 been the subject of a United States Federal District Court Consent Decree ("Consent Decree"). As a practical matter, therefore, and to the best of the City's knowledge, there is no party with whom the City can negotiate for the acquisition of the necessary property rights. Condemnation is the only alternative. C. Pursuant to the Consent Decree, the Boeing Company manages site cleanup at, and maintains an office at the Subject Property. Boeing is aware of and supports the City's Project. D. It is essential that the City initiate condemnation proceedings to acquire necessary property rights through the judicial process so that the Project can be timely constructed. E. The City has provided notice in the manner provided for in RCW 8.12.005 and 8.25.290. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS. SEC7`TOiV 1, After receiving the report of City staff and after reviewing the planned improvements for 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 property located within the corporate limits of Kent in King County, Washington, in order to acquire the necessary property and/or property rights for the construction of the Project, including all necessary appurtenances. The property to be acquired (the "Acquisition Area") is legally described in Exhibit "A," and approximately depicted in 2 72"d Ave. S. Improvements Condemnation Ordinance Exhibit B. Both exhibits are attached hereto and incorporated herein by this reference. The precise scope of the taking may change if engineering needs require modification of present plans. The purposes for which this condemnation is authorized shall include, without limitation, all acts necessary to complete the construction, extension, improvement, wideningI alteration, maintenance, and reconstruction of the Project, including improvements for drainage, curbs and gutters, sidewalks, bicycle paths, landscaping, illumination, signal improvements, electrical facilities, utilities, utility adjustments, and relocations, and any other street, or municipal purposes that may become necessary from time to time on the Property. SECTIOnr 2. The City authorizes the acquisition by condemnation of the portions of the Subject Property needed for the construction, extension, improvement, widening, alteration, maintenance, and reconstruction of the Project, including acquisition of property and/or property rights, together with all necessary appurtenances and related work to make a complete improvement according to City standards. SECTION 3. The City shall condemn the Property only upon completion of all steps and procedures required by applicable federal, state, and/or local laws and regulations and only after just compensation has first been made or paid into court for the owner or owners in the manner prescribed by law. SECTION 4. The City shall pay for the entire cost of the acquisition by condemnation provided for in this ordinance through the City's project fund or from any of the City's general funds, if necessary, as may be provided by law. 3 72"d Ave. S. Improvements Condemnation Ordinance SECTION 5. The City authorizes and directs the City attorney to commence those proceedings provided by law that are necessary to condemn the Property. In commencing this condemnation procedure, the City council authorizes the City attorney to enter into settlements, stipulations, or agreements in order to minimize damages, which settlements, stipulations, or agreements may include but not be 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. -Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 7. -Corrections by City Clerk or Code Reviser. Upon approvaI of the City attorney, the City clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state or federal laws, codes, rules, or regulations. SECTION 8. -Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. 4 72"d �4ve. S. improvements Condemnation Ordinance ATTEST: PASSED: day of , 2015. APPROVED: ` day of 2015. PUBLISHED: qday of �? , 2015, passed by the City council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereoniod-itcated, P:\Civil\Ordinance\72nd Condemnation Ordlnance.docx NALD F CLERK EAL) 5 72"d Ave. S. Improvements Condemnation Ordinance Exhibit A Tax Lot 0122049022 PNWTC #702407 That portion of the southeast quarter of the northwest quarter of Section 1, Township 22 North, Range 4 East, W.M., in King County Washington, described as follows. Commencing at the west quarter corner of said Section 1, from which corner the northwest section corner bears N01 053'47"E; thence S88°12'25"E, along the east west center of section Fine, 1336.50 feet to the southeast corner of Lot B, City of Kent Lot Line Adjustment LL -99-6, as recorded under Recording Number 9904131969, records of King County and the southwest corner of said southeast quarter of the northwest quarter and the TRUE POINT OF BEGINNING; thence N01 039'34"E, along the east line of said Lot B and the west line of said subdivision, 299.77 feet to a point on a 1032.00 foot radius circular curve to the right, from which point the center of said curve bears S77021'14"W; thence southeasterly, along said curve, through a central angle of 14018'20", an arc distance of 257.67 feet to a point 32.00 feet easterly of, when measured at right angles to, the west line of said subdivision; thence S01 039'34"W, parallel with said west line, 44.84 feet to the south line of said subdivision; thence N88°12'25"W, along said south line, 32.00 feet to the TRUE POINT OF BEGINNING. EXISTING ROADWAY AND UTILITY EASEMENT AFN 20010612001811 TAX LOT 6315000124 R = 1032.00' iA= 14°1820" L = 257.67' � 0�220�9022 O ooL PROPOSED ROADWAY AND UTILITY EASEMENT S01 °39'34"W - 44.84' WEST QUARTER CORNER SECTION 1 30' 30' N Z Z �a IMPORTANT: Z tis THIS IS NOT A SURVEY, IT IS FURNISHED AS A CONVENIENCE ti TO LOCATE THE LAND INDICATED HEREON WITH REFERENCE TO STREETS AND OTHER LAND. NO LIABILITY IS ASSUMED BY REASON OF RELIANCE HEREON. PORTION OF 72ND AVE EXTENSION THE SE 1/4 OF THE NW 1/4 OF SEC 1, TOWNSHIP 22 N, KENT DRAWN BY: TLM RANGE E, W.M. EXHIBIT CITY OF KENT SCALE: 1"=100' LAND SURVEY SECTION DATE: 4/22/2015 B