HomeMy WebLinkAboutOrd 1598 - Lower Green River Flood Control Project Acqusition by Negotiation 1908
CITY OF TUOVILA
WASHINGTON
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE ACQUISITION BY NEGOTIATION
OR CONDEMNATION OF PERMANENT LEVEE EASEMENTS ON PROPERTY
DESCRIBED BELOW, AS DESCRIBED BELOW, TO BE USED FOR THE
PURPOSES OF AND IN CONNECTION WITH THE CONSTRUCTION,
MAINTENANCE, REPARATION AND OPERATION OF THE 1991 SECTION
205 PROJECT, CWIS 91634, ALSO KNOWN AS THE LOWER GREEN
RIVER FLOOD CONTROL PROJECT.
WHEREAS, the City Council has determined to improve the Lower
Green River Levee for additional flood control protection through
what is known as the 1991 Section 205 Project, CWIS 91634; and
WHEREAS, the improvements of said levee are to be financed by
the Corps of Engineers 205 Local Cooperative Agreement (LCA) and
the City of Tukwila; and
WHEREAS, the City Council has committed City funds for said
project; and
WHEREAS, the City Attorney has been unsuccessful to date in
negotiating the acquisition of certain easements necessary to
construction and operation of said project; and
WHEREAS, the City Council has determined that it is necessary
to acquire by further negotiation or by eminent domain proceedings
the hereinafter described property in order to construct and
improve the 1991 Section 205 Project;
THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That the City of Tukwila acquire by negotiation or
eminent domain proceedings in the Superior Court of King County,
Washington, the following described property:
A permanent easement on that property, described below,
for purposes of the construction, maintenance, reparation and
operation of the 1991 Section 205 Project, CWIS 91634, for these
purposes:
The right to enter upon the above described land to
construct, maintain, repair, operate, patrol and replace a flood
protection levee, including all appurtenances thereto; reserving
however, to the owners, their heirs and assigns, all such rights
and privileges in the land as may be used without interfering with
or abridging the rights and easement hereby acquired; subject,
however, to existing easements for public roads and highways,
public utilities, railroads and pipelines; including the right of
the City of Tukwila and /or the United States, their contractors or
agents, to appropriate from the easement property above described,
such timber, rock, earth or gravel as may be necessary for the
construction or repair of said bank protection and /or flood control
works.
Page 1
TUR1016 /1
(a) Permanent Easement -North Side Feichtmeir /Tecton
Property: That portion of Lot 2, Boundary Line Adjustment No. 81-
40-BLA, recorded under Recording Number 8112160540, being a
revision of Boundary Line Adjustment No. 81- 1 -BLA, recorded under
Recording Number 8102050389 lying within that certain public access
and trail easement granted to the City of Tukwila recorded under
Recording Number 8009190876, being
That portion of Parcel 1 as shown on that City of Tukwila
Short Plat filed under King County recording number 7906050098,
more particularly described as follows:
Beginning at the NW corner of said parcel; thence along the
northerly line of said parcel 1 the following courses and
distances:
S 63 °07'11 "E, 88.05 feet;
S 42 °04'00" E, 70.22 feet;
S 57 °57'21" E, 102.40 feet;
S 84 °35'20" E, 121.50 feet;
N 71 °04'07" E, 76.22 feet
N 48 °34'59" E, 60.21 feet;
S 89 °47;00" E, 110.00 feet;
THENCE continuing N 48 °19'41" E, 55.00 feet along said
northerly line to the easterly line of said Parcel 1 being
coincident with the westerly line of Tract B as shown on said Short
Plat; THENCE S 41 °40;19" E, 45.00 feet along said easterly line of
Parcel 1;
THENCE S 65 °23'07" W, 67.20 feet;
THENCE N 89 °47'00" W, 110.50 feet;
THENCE S 48 °34'59" W, 55.67 feet;
THENCE S 71 °04'07" W, 86.58 feet;
THENCE N 84 °35'20" W, 132.81 feet;
THENCE N 57 °57'21" W, 111.52 feet;
THENCE N 38 °14'31" W, 70.90 feet;
THENCE N 63 °07'11" W, 71.00 feet to the westerly line of
said Parcel 1;
THENCE S 89 °47;00" E, 0.91 feet along said westerly line;
THENCE N 00°14'00" W, 6.52 feet along said westerly line;
THENCE N 10 °34'00" W, 17.37 feet along said westerly to
the POINT OF BEGINNING, NW corner of Parcel 1.
Containing 0.40 acres (17,385 S.F.), more or less.
(b) Permanent Easement -North Side Blum /Tecton Property:
That portion of Lot, Boundary Line Adjustment No. 81- 40 -BLA,
recorded under Recording Number 8112160540, being a revision of
Boundary Line Adjustment No. 81- 1 -BLA, recorded under Recording
Number 8102050389 lying within that certain public access and trail
easement granted to the City of Tukwila recorded under Recording
Number 8009190876, being
That portion of Parcel 1 as shown on that City of Tukwila
Short Plat filed under King County recording number 7906050098,
more particularly described as follows:
Beginning at the NW corner of said parcel; thence along the
northerly line of said parcel 1 the following courses and
distances:
S 63 07'11 "E, 88.05 feet;
S 42 °04'00" E, 70.22 feet;
S 57 °57'21" E, 102.40 feet;
S 84 °35'20" E, 121.50 feet;
N 71 °04'07" E, 76.22 feet
N 48 34'59" E, 60.21 feet;
S 89 47;00" E, 110.00 feet;
Page 2
TUR1016 /1
THENCE continuing N 48 °19'41" E, 55.00 feet along said
northerly line to the easterly line of said Parcel 1 being
coincident with the westerly line of Tract B as shown on said Short
Plat; THENCE S 41 °40;19" E, 45.00 feet along said easterly line of
Parcel 1;
THENCE S 65 °23'07" W, 67.20 feet;
THENCE N 89 °47'00" W, 110.50 feet;
THENCE S 48 °34'59" W, 55.67 feet;
THENCE S 71 °04'07" W, 86.58 feet;
THENCE N 84 °35'20" W, 132.81 feet;
THENCE N 57 °57'21" W, 111.52 feet;
THENCE N 38 °14'31" W, 70.90 feet;
THENCE N 63 °07'11" W, 71.00 feet to the westerly line of
said Parcel 1;
THENCE S 89°47;00" E, 0.91 feet along said westerly line;
THENCE N 00°14'00" W, 6.52 feet along said westerly line;
THENCE N 10 °34'00" W, 17.37 feet along said westerly to
the POINT OF BEGINNING, NW corner of Parcel 1.
Containing 0.40 acres (17,385 S.F.), more or less.
Section 2. That the use to be made of said easements is a
public use, to -wit: the construction, maintenance, reparation and
operation of the 1991 Section 205 Project, CWIS 91634, also known
as the Lower Green River Flood Control Project as described in
Section 1. The cost of acquiring said easements shall be paid for
with City and Government funds.
Section 3. If any section, sentence, clause, or phrase of
this ordinance shall be held to be invalid or unconstitutional by
a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or
constitutionality of any other section, sentence, clause, or phrase
of this ordinance.
Section 4. That this Ordinance is hereby designated as a
public emergency ordinance and shall take effect immediately and
that the attached summary shall be published and is hereby
approved.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a special meeting thereof this day of May, 1991.
APPROVED:,
MA4korr, GARY L. VANDUSEN
ATTEST /AUTTHENTTICATED:
E CANTU, CITY CLERK
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
By ti a k
FILED WITH THE CITY CLERK: S
PASSED BY THE CITY COUNCIL: -O--R/
PUBLISHED: 5 _a. -9
EFFECTIVE DATE (p
ORDINANCE NO.
Page 3
TUR1016 /1
SUMMARY OF ORDINANCE NO. A5
On May Z 1991, th City Council of the City of Tukwila
passed Ordinance No. /„15 which provides as follows: for the
condemnation of certain property for the purpose of acquiring
certain easements in connection with the construction, maintenance,
reparation and operation of the 1991 Section 205 Project, CWIS
91634, also known as the Lower Green River Flood Control Project;
that the easements are to be used for construction; for acquisition
of easements with City and Government funds; and for severability.
The full text of this ordinance will be mailed without charge
to anyone who submits a written request to the City Clerk of the
City of Tukwila of a copy of the text.
APPROVED by the City Council at their meeting of May,..,
1991.
E C CITY CLERK
CAsH ED 5 49 -5 I e
Page 4
TUR1016 /1