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
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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