HomeMy WebLinkAbout1733Resolution No. 1733
(Amending or Repealing Resolutions)
CFN = 1302-LID 361
Passed -9/5/2006
Resolut1on of Intent-LID 361
RESOLUTION NO. /7..3 3
A RESOLUTION of the ctty counctl of the City of
Kent, Washington relattng to Local Improvement Dtstnct
{LID) No. 351, declanng 1ts 1ntent1on to create a
supplemental assessment roll for omttted properties to
assess a part of the cost and expense of carrymg out
LID No. 351 Improvements agatnst the properties
spectally beneftted thereby, and nottfymg all persons
who destre to obJect to the Improvements or
assessments to appear and present the1r obJeCtions at a
heanng to be held before the public works commtttee,
whtch wtll s1t as a board of equalization, on October 2,
2006, at 6:00 p.m.; and 1dent1fymg the supplemental
roll as LID No. 361.
RECITALS
A. For over 20 years, the ctty of Kent, Kmg County, and other regtonal
and state agenctes have determmed the need for cross valley artenal
Improvements to serve the busmess and c1t1zens of the communtty.
B. By Resolutton No. 1558, adopted on November 15, 1999, the City
council declared 1ts mtent1on to order the construction of a new ftve lane artenal
roadway extendmg from Auburn Way North (East Valley Highway) eastward uphill
to Kent Kangley Road at 116th Avenue. The c1ty counctl conducted a publtc heanng
on December 13, 1999. By 1ts adoptton of Ordmance No. 3496, the c1ty created
Local Improvement District ("LID No. 351") to carry out the South 277th Street
corndor Improvements. On Apnl 20, 2000, havtng g1ven nottce 1n accordance wtth
appltcable law, the ctty council's board of equaltzatton, whtch conststed of the
members of the public works comm1ttee of the counctl, met for the purpose of
heanng any protest to the ftnal assessment roll for LID No. 351. The board heard
testimony and forwarded 1ts recommendation to counctl. On June 6, 2000, the ctty
1 Resolution of Intent -LID 361
counc1l conf1rmed the fmal assessment roll for LID No. 351 by 1ts adopt1on of
Ordmance No. 3513.
C. RCW 35.44.360 provides that "if by reason of mistake, madvertence,
or for any cause," property m a local Improvement d1stnct wh1ch except for 1ts
omiSSIOn would have been subJect to assessment has been om1tted from the
assessment roll, the c1ty council may proceed to assess the property so om1tted m
accordance w1th the benefitS accrumg to 1t by reason of the Improvement.
Assessments are to be m proportion to the assessments lev1ed upon other
property m the local Improvement d1stnct.
D. It has come to the attent1on of the c1ty that certa1n propertieS
spec1ally benefited by th_!: South 277th Street corndor Improvements were
Inadvertently om1tted from LID No. 351 and 1ts ongmal assessment roll. It IS the
purpose of th1s resolution to: (1) set forth that the property descnbed herem was
om1tted from the assessment; (2) prov1de for not1ce to all persons who may des1re
to obJect to bemg mcluded on the roll and to be1ng assessed for the 277th comdor
Improvements, to appear at a publ1c heanng as spec1f1ed here1n and present
ObJeCtions thereto; and (3) set a heanng date on the supplemental assessment roll
for LID No. 351 as to om1tted properties.
E. For purposes of th1s supplemental roll, the c1ty designates the
supplemental roll to LID No. 351 as "LID No. 361." This numbenng system IS for
ease of admm1strat1on and for mamtenance of records only, and shall not affect
the val1d1ty, enforceab1l1ty, or use of LID No. 351 assessments or the supplemental
roll that may be lev1ed and confirmed by ordmance followmg the heanng process
set forth 1n th1s resolution.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. -ReCitals Incoroorated as Fmdmqs. The foregomg rec1tals,
wh1ch are mcorporated by th1s reference, const1tute the council's fmdmgs on thiS
matter.
2 Resolution of Intent -LID 361
SECTION 2. -LID Designation for Reference Purposes Onlv. For purposes
of thiS supplemental roll, the c1ty designates the supplemental roll to LID No. 351
as "LID No. 361." Th1s numbenng system 1s for ease of admm1strat1on and for
mamtenance of records only, and shall not affect the val1d1ty or enforceab1l1ty of
LID No 351 assessments or the supplemental roll that may be created follow1ng
the heanng process set forth 1n th1s resolut1on.
SECTION 3. -Omttted Properties. The properties 1dent1f1ed 1n Exh1b1t A,
attached hereto and by th1s reference made a part hereof, are found to be
properties benefited by the South 277th Street corndor Improvements that were
om1tted by madvertence from the assessment roll of LID No. 351 ("Om1tted
Propert1es"). It IS the mtent1on of the c1ty counc1l of the c1ty of Kent, Washmgton,
to order the assessment of Om1tted Properties for the South 277th Corndor
Improvements descnbed 1n Exh1b1t B, attached hereto and by th1s reference made
a part hereof. All of the foregomg Improvements were constructed 1n accordance
w1th the plans and spec1f1cat1ons therefor prepared by the c1ty.
SECTION 4. -LID 351 Costs. The total est1mated cost and expense of the
Improvements 1s declared to be $31,000,000 and approximately $23,560,785 of
that cost and expense shall be pa1d by the ctty and the balance thereof shall be
borne by and assessed agamst the property specially benef1ted by the
Improvements to be mcluded 1n Local Improvement D1stnct No. 351, and
supplemented for assessments agamst Omitted Properties as may be determined.
Actual assessments may vary from est1mated assessments as long as they do not
exceed a f1gure equal to the mcreased true and fa1r value the Improvements add to
the Om1tted Property.
SECTION 5. -Nottce. The c1ty clerk IS authonzed and directed to g1ve
not1ce of the adopt1on of th1s resolution and of the date, t1me, and place f1xed for
the publ1c heanng to each owner or reputed owner of any lot, tract, parcel of land,
or other Om1tted Property by ma1lmg such not1ce at least fifteen (15) days before
the date f1xed for publ1c heanng to the owner or reputed owner of the property as
shown on the rolls of the K1ng County Assessor at the address shown thereon, as
requ1red by law.
Th1s resolut1on also shall be published 1n 1ts ent1rety in at least two (2)
consecut1ve 1ssues of the off1c1al newspaper of the c1ty, the date of the f1rst
3 Resolution of Intent -LID 361
publ1cat1on to be at least f1fteen (15) days pnor to the date f1xed for the public
heanng, and shall be published a th1rd t1me m the same newspaper one (1) week
after the date of e1ther the f1rst or second publ1cat1on.
SECTION 6. -Public Heannq. All persons who may des1re to object to the
supplemental assessment roll and/or the amount of assessment agamst the1r
property are not1f1ed to appear and present those obJeCtions at a heanng to be
held m Counc1l Chambers m City Hall m Kent, Wash1ngton, at 6:00 p.m. on
October 2, 2006, wh1ch t1me and place are f1xed for heanng all matters relat1ng to
the assessments and all ObJeCtions thereto. All persons who may des1re to obJect
thereto should appear and present the1r objeCtions at that heanng. Any person
who may des1re to f1le a wntten protest w1th the c1ty counc1l may do so w1thm
th1rty (30) days after the date of passage of the ordmance ordenng the
supplemental assessment roll m the event the supplemental roll 1s approved. The
wntten protest should be s1gned by the property owner and should mclude the
legal descnpt1on of the property for wh1ch the protest IS f1led and that protest
should be delivered to the c1ty clerk.
SECTION 7. -ObzectJOn To Assessment. Any person des1nng to ObJect to
any assessment appeanng on the supplemental fmal assessment roll for
LID No. 351 (denommated as c1ty of Kent LID No. 361) 1s not1f1ed to make all
objeCtions m wntmg and to f1le them w1th the c1ty clerk on or before the t1me and
date f1xed for the heanng on the supplemental assessment roll or at the
commencement of the heanng 1tself. All ObJeCtions must state clearly the grounds
of the objections and should contam lot, block, and addition, sect1on, text number,
or other Jdent1fy1ng descnpt1on of the property. All objeCtions not made t1mely m
wntmg and m the manner requ1red by law shall be conclusively presumed to have
been wa1ved.
SECTION B. -Counol ConsJderatJOn. At the t1me and placed f1xed, and
such other t1mes to wh1ch the heanng may be adjourned, certam counc1l members
(who are members of the public works comm1ttee of the c1ty council) will s1t as a
board of equalization for the purpose of cons1denng objeCtions duly filed, together
w1th all mformat1on and ev1dence 1n support of those objeCtions, and for the
purpose of cons1denng such supplemental assessment roll for Om1tted Propert1es.
At the heanng, or adjournment thereof, the comm1ttee may correct, rev1se, ra1se,
4 Resolution of Intent-LID 361
lower, change, or modify the roll or any part thereof, or set as1de the roll and
order a new assessment. Followmg the heanng, the comm1ttee w1ll forward 1ts
deciSIOn to the c1ty council. The c1ty counCil w1ll establish the supplemental roll
and conf1rm assessments agamst Om1tted Properties by ordmance. When property
has been entered upon the supplemental roll, and the assessment thereon IS not
ra1sed, no ObJeCtion shall be considered by the c1ty counc1l or by any court on
appeal unless the obJeCtion 1s made m wntmg at or pnor to the t1me and date f1xed
for the heanng on the supplemental roll.
SECTION 9. -Supplemental Roll On Om1tted Properties. The Public Works
Department IS directed to submit to the c1ty council on or pnor to September 5,
2006, all data and mformat1on requ1red by law to be submitted.
SECTION 10. -Ratd'!catJOn. Any act cons1stent w1th the authonty and
pnor to the effect1ve date of th1s resolution IS hereby rat1f1ed and affirmed.
SECTION 11. -Severab1l1tv. If any one or more sections, subsections, or
sentences of th1s resolution are held to be unconst1tut1onal or mval1d, such deciSIOn
shall not affect the val1d1ty of the remammg port1on of th1s resolution and the same
shall remam m full force and effect.
SECTION 12. -Effect1ve Date. This resolution shall take effect and be m
force 1mmed1ately upon 1ts passage.
PASSED at a regular open public meetmg by the c1ty counCil of the City of ,-
Kent, Washington, th1s ..:,) day of September, 2006.
CONCURRED m by the mayor of the city of Kent this S" day of
September, 2006.
ATTEST:
~d.--~~
BRENDA JACOBER, CITY Iii( : .-
5 Resolution of Intent -LID 361
APPROVED AS TO FORM:
6 Resolution of Intent -LID 36.1
CERTIFICATION
I, the unders1gned, c1ty clerk of the c1ty of Kent, Washington (the "c1ty"),
hereby certify as follows:
1. The attached copy of Resolution No. /7J:s'(the "Resolution") is a full,
true and correct copy of a resolut1on duly adopted at a regular meetmg of the c1ty
council of the c1ty held at the regular meetmg place thereof on
~h ........ ...5', 2006, as that resolut1on appears on the mmute book of the
c1ty; and the resolution w1ll be 1n full force and effect 1mmed1ately followmg 1ts
adoption; and
2. A quorum of the members of the City council was present
throughout the meetmg and a ma]onty of those members present voted m the
proper manner for the adopt1on of the resolution.
IN WITNESS WHEREOF, I have hereunto set my hand th1s ..s-day of
September, 2006.
7
CITY OF KENT, WASHINGTON
A.-.t. ~fie---~
BRENDAJACOBER,CI CLERK
.. "' : : .:..:.---
.· '
Resolution of Intent -LID 361
Exhibit A
LI.D. Boundary Description
LI.D. 361 -S. 272"d/277'h Street Corridor
Auburn Way to Kent Kangley Road
Supplemental Assessment for Omitted Properties for LI.D. 351
Lots 1 through 34, Inclusive, Canyon Crossmg, according to the plat thereof
recorded 1n Volume 186 of Plats, pages 70 through 80, mclus1ve, records of King
County, Washmgton,
AND ALSO:
Lots 1 through 7, and Lots 9 through 16, mclus1ve, Swan Court, accordmg to the
plat thereof recorded 1n Volume 186 of Plats, pages 20 through 22, 1nclus1ve,
records of K1ng County, Washington,
AND ALSO:
Lots 1 through 5 and Lots 7 through 12, inclusive, Swan Court 2, according to the
plat thereof recorded 1n Volume 192 of Plats, pages 93 through 95, mclus1ve,
records of K1ng County, Washington;
AND ALSO:
Lots 1 through 13, mclus1ve, Pac1f1c Heights, according to the plat thereof
recorded 1n Volume 187 of Plats, pages 43 and 44, records of K1ng County,
Washington,
AND ALSO:
Lot 1 and Lots 3 through 9, inclusive, Seven Oaks Addition Short Plat, City of
Kent Short Plat No. SP-96-4, K1ng County Recording No. 9710069010, being a
port1on of the SE'X of the NW'X of Sect1on 28, Township 22 North, Range 5 East,
W.M., in Kmg County, Washmgton;
AND ALSO:
Lots 1 through 9, and Lots 11 through 18, inclusive, Cherry Wood Lane,
accord1ng to the Plat recorded 1n Volume 184 of Plats, pages 3 through 5,
mclus1ve, records of Kmg County, Washington;
AND ALSO:
Lot 1 and Lots 3 through 20, inclusive, and Lots 22, 24 and 25, Pac1fic Terrace
Plat, according to the plat recorded m Volume 181 of Plats, pages 17 through 19,
inclusive, records of K1ng County, Washmgton,
AND ALSO:
Lot 1 of Lobruch, Inc. Short Plat, C1ty of Kent Short Plat No SP-96-22, K1ng
County Recording No. 9610301383, bemg a port1on of Lot 8, R.O. Sm1th's
Orchard Tracts Addition to Kent, according to the plat recorded m Volume 12 of
Plats, page 27, records of K1ng County, Washington,
AND ALSO:
Lot 1, Block 1, Car Line Addition to Kent, according to the plat thereof recorded in
Volume 10 of Plats, page 83, m Kmg County, Washmgton, AND ALSO that
port1on of the southeast quarter of the northwest quarter of Sect1on 24, Township
22 North, Range 4 East, W.M., in Town of Kent, Kmg County, Washington,
descnbed as follows:
Beginn1ng at a po1nt on the west line of the Plat of Yesler's F1rst Add1t1on To The
Town of Kent, according to the plat thereof recorded 1n Volume 5 of Plats, page
64, 1n King County, Wash1ngton, 180 feet South of the 1ntersect1on of sa1d west
line w1th the south line of Meeker Street,
thence south 66 feet to the TRUE POINT OF BEGINNING;
thence cont1nu1ng south 66 feet;
thence west 82.5 feet,
thence north 66 feet;
thence east 82 5 feet to the TRUE POINT OF BEGINNING,
EXCEPT port1on conveyed to C1ty of Kent for street purposes by Deed recorded
under K1ng County Recordmg Number 7208160052
TOGETHER WITH that port1on of vacated Titus Street wh1ch inured thereto by
Operation of Law.
AND ALSO:
That port1on of the S.W. Russell Donat1on Land Claim in the Northeast Quarter of
Section 25, Township 22 North, Range 4 East, W M, 1n Kmg County,
Washington, descnbed as follows:
Commenc1ng at the case monument at the pomt of intersection of the centerline
of Southeast 2591h Street w1th the east line of said Northeast Quarter of Sect1on
25, thence North 00°35'50" East along sa1d east line a d1stance of 12.375 feet to
the Northerly marg1n of sa1d Southeast 259 1h Street and the TRUE POINT OF
BEGINNING;
thence North 89°42'1 0" West along said margin, a distance of 339.81 feet;
thence North 00°32'55" West a distance of 190 97 feet,
thence North 89°27'05" East a distance of 343.69 feet to sa1d east line of the
Northeast Quarter,
thence South 00°35'50" West along said east line, a distance of 196.02 feet to
the TRUE POINT OF BEGINNING.
Except and port1on thereof lymg 1n Southeast 2591h Street.
(Also known as Parcel B of Lot L1ne AdJustment #LL-2000-6/Kiva #2000928
Recorded under Recording No. 20000503000879)
EXHIBITB
Description of Improvements
L.I.D. 361
S. 272"d/27ih Street Corridor
Auburn Way to Kent-Kangley Road
Supplemental Assessment for Omitted Properties for L.I.D. 351
The proJect consists of a new five lane arterial which extends from Auburn Way North
(East Valley Highway) eastward up the hlll to Kent Kangley Road at ll61h Avenue. The
proJect consists of a new bndge crossmg over the Green River and a 108th Avenue S.E.
bndge overpass. The five lanes of the proJect mclude three chmbmg lanes on the hillside
portwn and two descendmg lanes Once the artenal reaches the plateau, the roadway
shifts to two lanes m each directwn plus a two way left tum lane m the center The
proJect mcludes street hghts along the maJonty of the proJect as well as sidewalks on
both Sides of the artenal, and a bike path from 1 08 1h Avenue to the Green River Road
area. The bike path follows a separate route up the hill and has a separate bndge. The
proJect also provides a connection to 108th Avenue SE via two off/on ramps at the 108 1h
Avenue bndge overpass. The work mcludes a new storm dramage system and
landscapmg
L.I D 361exhzbztBdocumentdoc