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Home My WebLink About4486 ORDINANCE NO. 4486 AN ORDINANCE of the City Council of the City of Kent, Washington, providing for the acquisition by eminent domain of real property needed for the construction of the Kent Memorial Park Reach of the Mill Creek Reestablishment Project. This ordinance provides for the condemnation, appropriation, taking, and damaging of real property necessary for that project and provides for the payment thereof out of the Mill Creek Reestablishment Project (Fund No. D20086). This ordinance also directs the City Attorney to prosecute the appropriate legal condemnation proceedings in King County Superior Court, to retain any legal counsel required, and to enter into settlements, stipulations, or other agreements as may be necessary. RECITALS A. Mill Creek is a slow-moving urban creek channel that meanders through the Green Valley corridor, including the City of Kent. Over the years, channel sediment has accumulated, reducing creek capacity and contributing to an increase in flooding events during winter months when precipitation levels are at their highest. Annually, Mill Creek overtops and floods roads and properties, directly affecting businesses and residences adjacent to the creek. The floodwaters cover streets and properties, disrupting traffic and contributing to nonpoint source pollution by conveying untreated pollutants found on ground surfaces directly back to the creek. 1 Condemnation Ordinance - Mill Creek Reestablishment (1ingNa Property) During flooding events, channel sediment is carried through the creek where it blankets native riparian vegetation and allows for non-native invasive plants to establish. B. The purpose of the Kent Memorial Park Reach portion of the Mill Creek Reestablishment Project (the "Project") is to improve creek and stormwater conveyance and flood storage capacity while also providing benefit to the local ecology. Specifically, the Project will reduce the risk of local annual flooding along Mill Creek by removing channel sediments deposited by upstream erosion, thereby increasing creek capacity and allowing for city stormwater infrastructure (treatment and flow control facilities) to operate as designed. This will help keep roads open to traffic; keep businesses open; reduce risk of flooding to neighboring residences; and restore the local ecology in Mill Creek. C. To complete the Project, the City must acquire certain property rights on property located at 1008 Central Ave. N. (King County Tax Parcel No. 132204-9131), generally referred to in this ordinance as the "Property". These property rights are necessary for the construction of the Project and ongoing maintenance of the Kent Memorial Reach of Mill Creek. D. City Staff will continue their efforts to acquire the property rights necessary for this public use by negotiation and settlement agreements; however, timing is critical due to the ongoing annual flood risk impacts from high-water events in Mill Creek, seasonal construction windows, and Project construction costs that continue to rise due to an increase in property values and inflation. E. If the necessary property rights cannot be acquired through negotiations, it is essential that the City be prepared to initiate condemnation proceedings so that the Project can be timely constructed and the public use achieved. F. Prior to Council's action on this ordinance, the City provided the requisite notice to the Property owners in the manner provided for in RCW 8.12.005 and RCW 8.25.290. 2 Condemnation Ordinance - Mill Creek Reestablishment (1ingNa Property) G. The public use and necessity require that the property and property rights identified within this ordinance be condemned, appropriated, and taken for public use by the City for such purposes as it may now or later declare in the public interest. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Public Use and Necessity Declared. After receiving the report of City staff, and after reviewing the planned improvements for the Kent Memorial Reach of the Mill Creek Reestablishment Project ('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 certain real property located 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 property rights to be acquired are legally described in Exhibits A and A-1; and B and B-1 (' the Property"). The precise scope of the taking may change if engineering requires modification of present plans, and such changes are hereby authorized. The purposes for which this condemnation is authorized shall include, without limitation, all acts necessary to complete the construction, improvement, alteration, maintenance, reconstruction, and restoration of the Project, and any other municipal purpose that may be necessary from time to time on the Property. SECTION 2, - Condemnation Authorized. The City Council authorizes the acquisition by condemnation of all or a portion of the Property as may be necessary for the construction, improvement, 3 Condemnation Ordinance - Mill Creek Reestablishment (1ingNa Property) alteration, maintenance, and reconstruction of the Project, together with all necessary appurtenances and related work to make a complete improvement according to City standards. SECTION 3. - Condemnation Procedures and Proceedings. The City shall condemn the Property only upon completion of all steps and procedures required by applicable federal or state law or 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. - Project Fund. The City shall pay for the entire cost of the acquisition of a portion of Property by condemnation through the City's "Mill Creek Reestablishment" fund (Fund No. D20086) or from any of the City's storm and surface water utility funds, if necessary, as may be provided by law. SECTION 5. - City Attorney Authorized, The City Attorney or designee is authorized and directed to commence condemnation proceedings as provided by law that are necessary to acquire the Property as the Project requires. The City Attorney is specifically authorized to retain any legal counsel or other expert as may be needed, and to sign any retainer or other agreement that may be required. In commencing these condemnation proceedings, the City Council authorizes 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 Properties condemned, and the acquisition of temporary construction easements and other property interests as the City Attorney may determine are required. 4 Condemnation Ordinance - Mill Creek Reestablishment (JingNa Property) SECTION 6, - Ratification. Any acts consistent with the authority of this ordinance and prior to its effective date are ratified and affirmed. SECTION 7. - 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 S. - Effective Date. This ordinance shall take effect and be in force thirty days from and after its passage, as provided by law. i March 5, 2024 DANA RALPH, MA OR Date Approved ATTEST: March 5, 2024 KIMBERLEY KOMOTO, CbttLERK Date Adopted March 8, 2024 Date Published AP P VED AS TO FORM: T ITE, CITY ATTORNEY ;A f Y Y 5 Condemnation Ordinance - Mill Creek Reestablishment (1ingNa Property) EXHIBIT A TAX LOT 1322049131 EASEMENT THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 22 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, CITY OF KENT, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION SUBDIVISION; THENCE ALONG THE EAST LINE THEREOF, N01032'42"E 392.34 FEET TO THE POINT OF BEGINNING; THENCE N88036'30"W 39.38 FEET; THENCE N26027'45"W 4.10 FEET; THENCE N84007'11"W 66.04 FEET; THENCE N67058'24"W 107.74 FEET; THENCE N57048'56"W 20.00 FEET; THENCE N55140'10"W 53.12 FEET; THENCE N86026'21"W 7.83 FEET; THENCE N01019'24"E 17.60 FEET; THENCE N87043'43"W 11.98 FEET; THENCE N0105443"E 10.75 FEET; THENCE N87055'00"W 18.31 FEET; THENCE N53039'26"W 18.78 FEET; THENCE S34008'52"W 52.39 FEET TO A POINT OF TANGENCY WITH A 40.00 FOOT RADIUS, CIRCULAR CURVE TO THE LEFT; THENCE ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 122045'22", AN ARC DISTANCE OF 85.70 FEET; THENCE S01023'30"W 20.00 FEET; THENCE N88036'30"W 295.08 FEET TO THE EASTERLY MARGIN OF CENTRAL AVENUE NORTH; THENCE ALONG SAID EASTERLY MARGIN, N34013'13"E 23.80 FEET; THENCE S88036'30"E 191.04 FEET; THENCE N34008'52"E 208.11 FEET; THENCE N88045'47"W 9.14 FEET; THENCE S22059'12"E 64.96 FEET; THENCE S56045'19"E 108.37 FEET; THENCE S75026'18"E 98.56 FEET; THENCE N77048'06"E 32.39 FEET; THENCE S81034'59"E 41.41 FEET TO THE AFOREMENTIONED EAST LINE OF SAID SECTION 13; THENCE ALONG SAID EAST LINE, S01032'42"W 58.76 FEET TO THE POINT OF BEGINNING. CONTAINING 27,601 SQUARE FEET, MORE OR LESS. °��tHON' 1. •' r9 1 2*0W97 12/14/2023 / TAX LOT 1322049095 / ,�• / / — — 9.14' —— TABS LOT 1322049131 / TABS LOT 1322049101 rypp 10.75. 17.60' / ?• 98.5 . / g5�� a•� ?�, ?> 6 32.39� 41.41' Li SQ.FT cn pp / 191.04' >>q• , 4 66.04' 4.10' O1 N / 295.08' — — O.B. 39.38' w co TAX LOT"1322049024 w .A P.O.C. SE COR IMPORTANT: NE q,SE q THIS IS NOT A SURVEY.IT IS 13-22-04 FURNISHED AS A CONVENIENCE TO LOCATE THE LAND INDICATED HEREON WITH EASEMENT REFERENCE TO STREETS AND LOCATED IN NE 1/4 OF THE SE OTHER LAND.NO LIABILITY IS 1/4 OF SEC 13,TOWNSHIP 22N, �f ENT DRAWN BY: CMW ASSUMED BY REASON OF RANGE 4 E,W.M. .....*_. EXHIBIT RELIANCE HEREON. CITY OF KENT SCALE: 1"=80' ::::I LAND SURVEY SECTION DATE: 09/08/2023 A 1 EXHIBIT-B TAX LOT 1322049131 TEMPORARY CONSTRUCTION EASEMENT THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 22 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, CITY OF KENT, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION SUBDIVISION; THENCE ALONG THE EAST LINE THEREOF, N01032'42"E 392.34 FEET; THENCE N88036'30"W 39.38 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING N88036'30"W 278.49 FEET; THENCE N01023'30"E 20.00 FEET; THENCE S88036'30"E 42.27 FEET TO A POINT OF TANGENCY WITH A 50.00 FOOT RADIUS, CIRCULAR CURVE TO THE LEFT; THENCE ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 59013'38", AN ARC DISTANCE OF 51.69 FEET; THENCE N32009'53"E 14.65 FEET; THENCE S57048'56"E 20.00 FEET; THENCE S67058'24"E 107.74 FEET; THENCE S84007'11"E 66.04 FEET; THENCE S26027'45"E 4.10 FEET TO THE POINT OF BEGINNING. CONTAINING 6,496 SQUARE FEET, MORE OR LESS. ••'O�'CHONy�••., 2*01N . 9�I 7 ¢ •° ,�4t L.ANO 12/14/2023 TAX LOT 1322049093 TAX LOT 1322049101 / TAX LOT 1322049131 r46s. �0• 42.27' y^69 7o��4' 6,496 SQ.FT. N 66.04' 4.10' 278.49' 39.38' P.O.B. w cD N W TAX LOT 1322049024 a P.O.C. SE COR IMPORTANT: NE' 1 THIS IS NOT A SURVEY.IT IS 13-22-04 FURNISHED AS A CONVENIENCE TO LOCATE THE LAND TEMPORARY INDICATED HEREON WITH REFERENCE TO STREETS AND LOCATED IN NE 1/4 OF THE SE CONSTRUCTION EASEMENT OTHER LAND.NO LIABILITY IS 1/4 OF SEC 13,TOWNSHIP 22N, KENT DRAWN BY: CMW ASSUMED BY REASON OF RANGE 4 E,W.M. ...»•*.» EXHIBIT RELIANCE HEREON. CITY OF KENT SCALE: 1"=60' B 1 LAND SURVEY SECTION DATE: 09/08/2023 Kent Reporter Affidavit of Publication State of Washington} County of King ) ss Rudi Alcott being first duly sworn, upon oath deposes and says: that he/she is the legal representative of the Kent Reporter a weekly newspaper. The said newspaper is a legal newspaper by order of the superior court in the county in which it is published and is now and has been for more than six months prior to the date of the first publication of the Notice hereinafter referred to, published in the English language continually as a weekly newspaper in King County, Washington and is and always has been printed in whole or part in the Kent Reporter and is of general circulation in said County, and is a legal newspaper, in accordance with the Chapter 99 of the Laws of 1921, as amended by Chapter 213, Laws of 1941, and approved as a legal newspaper by order of the Superior Court of King County, State of Washington, by order dated June 16, 1941, and that the annexed is a true copy of KEN992356 ORD 4486 as it was published in the regular and entire issue of said paper and not as a supplement form thereof for a period of 1 issue(s), such publication commencing on 03/08/2024 and ending on 03/08/2024 and that said newspaper was regularly distributed to its subscribers during all of said period. The amount of the fee for sue publication is $108.00. Subscribed and sworn befog}e�rme1 on this day of �t.l.' otary Public in and for the State of P' BUCI = .: Washington. Az n,Kon,oro �,, OF Wks : :... CITY OF KENT NOTICE OF ORDINANCE PASSED BY THE KENT CITY COUNCIL The following is the sum- mary of an ordinance passed by the Kent City Council March 5,2024. ORDINANCE NO. 4486 — AN ORDINANCE of the City Council of the City of Kent, Washing- ton,providing for the ac- quisition by eminent do- main of real property needed for the construc- tion of the Mill Creek Re- establishment Project. This ordinance provides for the condemnation, appropriation, taking, and damaging of real property necessary for that project and provides for the payment thereof out of the Mill Creek Re- establishment Project (Fund No.D20086).This ordinance also directs the City Attorney to prosecute the appropri- ate legal condemnation proceedings in King County Superior Court, to retain any legal coun- sal required, and to en- ter into settlements, stipulations, or other agreements as may be necessary. This orr i- nance shalt take effect and be in force thirty days from and after its passage,as provided by law. A copy of the complete text of any ordinance will be mailed upon request of the City Clerk, Kimberley A. Komoto, City Clerk Kkornoto@KantWA.gov 263-956-5725 KEN9923M 318124 AFTER RECORDING MAIL TO: City Clerk City of Kent 220 Fourth Avenue South Kent, WA 98032 WASHINGTON STATE RECORDER'S COVER SHEET DOCUMENT TITLE(S): 1. City of Kent Ordinance No. 4486 Relating to Condemnation REFERENCE NUMBER(S) OF DOCUMENTS ASSIGNED OR RELEASED: N/A GRANTOR(S): 1. City of Kent, a Washington municipal corporation GRANTEE(S): 1. City of Kent, a Washington municipal corporation PARCEL NUMBERS: 132204-9131 ABBREVIATED LEGAL DESCRIPTION: Portion of the Northeast Quarter of the Southeast Q p Quarter of Section 13 Township 22 North, Range 4 East, W.M. LEGAL DESCRIPTION: Full legal descriptions are located on pages 6, 7, 8 and 9 of Ordinance No. 4486 PROJECT NAME: Kent Memorial Park Reach of the Mill Creek Reestablishment Project