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HomeMy WebLinkAboutOrd 1188 - City Attorney Authorized to Institute Action for Condemnation and Acquisition (LID #30) e -CITY OF T UKWI LA WASHINGTON ORDINANCE NO. AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY ATTORNEY FOR THE CITY OF TUKWILA TO PURCHASE AND /OR INSTITUTE AND PROSECUTE TO DETERMINATION IN THE PROPER COURT OR COURTS, AN ACTION OR ACTIONS IN THE NAME OF THE CITY OF TUKWILA UNDER THE RIGHT OF EMINENT DOMAIN FOR THE CONDEMNATION AND ACQUISITION IN FEE SIMPLE AND EASEMENTS WHERE NECESSARY OF CERTAIN LANDS AND PROPERTY FOR THE PURPOSE OF PUBLIC ACCESS, GRADING, PA=G, SIDEVMKS, CURBS, GUTTERS, LANDSCAPING, AND UTILITIES, INCLUDING UNDERGROUND WATER, POWER AND TELEPHONE UTILITY LINES, AND ILLUMINATION SYSTEM THE IMPROVE- MENT OF PROPERTY WITHIN THE CITY OF TUKWILA, WASHINGTON, ALONG PORTIONS OF SOUTH 152ND STREET AND 57TH AVENUE SOUTH; PROVIDING FOR THE PAYMENT OF SAID LANDS AND PROPERTY; DECLARING A PUBLIC USE AND NECESSITY; AND DECLARING AN EMERGENCY. The City Council of the City of Tukwila does ordain as follows: 'Section 1. The City Attorney is hereby authorized and directed to purchase and /or institute and prosecute to determination in the proper court or courts, an action or actions in the name of the City of Tukwila, under the right of eminent domain, for the condemnation and acquisition in fee simple, and of easements where necessary, of certan lands and property to be utilized for public access, widening, grading,�landscaping and utilities along portions of South 152nd Street and 57th Avenue South, situate in the City of Tukwila, King County, Washington, legally described in Exhibit A attached hereto and by this reference made a part hereof. Said property is sought for public access, widening, grading, landscaping and utilities, more particularly described in City of Tukwila Ordinance No. 1169, creating City of Tukwila Local Improvement District No. 30. Section 2. The acquistion•of said lands and property and prop- erty rights for the purposes herein mentioned is for a public use and necessity. ORDINANCE NO. Page 1 3324A /LEH Section 3. Payment for the lands and property and property rights herein ordered to be taken shall be borne by and be assessed against, in whole or in part, the property specially benefited by such improvements included within the boundaries of the aforementioned City of Tukwila Local Improvement District No. 30, previously established, embracing as nearly as may be all property specially benefited by such improvements. Section 4. Nothing in this ordinance shall be construed as a waiver by the City of Tukwila of its right to decline to take and pay for said lands, property and property rights after the amount of damage has been ascertained and within the time allowed by law. Section 5. This ordinance is necessary for the immediate pre- servation of the public health, peace and safety and shall take ef- fect immediately upon its passage and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, Washington, at a regular meeting thereof this /.1 day of ,C.ri J 1980. ATTEST: Anderson, City Clerk AP4ROVED AS TO FORM; T7 L wrence E. Hard, City Attorney By Published Record Chronicle December 5, 1980 ORDINANCE NO. /Z Page 2 3324A /LEH CITY OF TUKWILA LEGAL DESCRIPTIONS CITY OF TUKWILA, WASHINGTON LID NO.30 Description. For Additional Right -Of -Way Required From Southcenter Condominiums THE NORTH 7.5 FEET OF THAT PORTION OF TRACT 22, OF BROOKVALE GARDEN TRACTS AS PER PLAT RECORDED IN VOLUME 10 OF PLATS, PAGE 47, RECORDS OF KING COUNTY, WASHINGTON LYING WEST OF A LINE RUNNING NORTH FROM A POINT 224 FEET EAST. OF THE SOUTHWEST CORNER THEREOF LESS THE STATE HIGHWAY. Description For Easements For Light Standards THE SOUTH 4 FEET OF THE NORTH 11.5 FEET OF THE WEST 10 FEET OF THE EAST 120 FEET AND THE SQ lTH 4 FEET OF THE NORTH 11.5 FEET OF THE WEST 10 FEET OF THE EAST 325 FEET OF THAT PORTION OF TRACT 22, BROOKVALE GARDEN TRACTS AS PER PLAT RECORDED IN VOLUME 10 OF PLATS, PAGE 47, RECORDS OF KING COUNTY, WASHINGTON LYING WEST OF A LINE RUNNING NORTH FROM A POINT 224 FEET EAST OF THE SOUTHWEST CORNER THEREOF LESS THE STATE HIGHWAY. Ierton Dennis Associates, Inc. Consulting Engineers Seattle, Washington Harold and Dorothy Wynn: (from Statutory Warranty Deed) The South 10 feet of Lot 21, Brookvale Garden Tracts as recorded in Volume 10, Page 47 of Plats, Records of King County, Washington. (from Easement) 1. The north five feet of the south 15 feet of the east ten feet of the West 35 feet of Lot 21, Brookvale Gardens Tracts as recorded in Volume 10, page 47 of Plats, Records of King County, Washington; and 2. The north five feet of the south 15 feet of the east ten feet of the west 221 feet of Lot 21, Brookvale Gardens Tracts as recorded in Volume 10, page 47 of Plats, Records of King County, Washington; and 3. The north five feet of the south 15 feet of the east ten feet of the west 360 feet of Lot 21, Brookvale Gardens Tracts as recorded in Volume 10, page 47 of Plats, Records of King County, Washington. S M Investments: (from Statutory Warranty Deed) The South 25 feet of the following: Lot 9, Seattle Land Company's Five Acre Tracts, as recorded in Volume 6, Page 90 of Plats, Records of King County, Washington; Except, the North 105 feet thereof, and Except that portion thereof lying Southwesterly of the Easterly margin of Primary State Highway No. 1 (SR5).