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HomeMy WebLinkAboutOrd 0994 - Condemnation and Acquisition in LID #25 s P CITY QF TUK WILA WASHINGTON ORDINANCE NO. 994 ?C 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 PRO- PERTY FOR THE PURPOSE OF PUBLIC ACCESS, SIDEWALKS, CURBS, GUTTERS, LANDSCAPING AND UTILITIES, INCLUDING UNDERGROUND WATER, POWER AND TELEPHONE UTILITY LINES TO PRI- VATE PROPERTY AND A REGIONAL PARK FACILITY; 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 certain lands and property to be utilized for public access, landscaping and utilities to private property and a regional park facility, known as King County South Area Park Athletic Facility, also known as Fort Dent Park, over those lands and property not already owned by the City of Tukwila and situated 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, landscaping and utilities to private property and the regional park facility, more particularly described in City of Tukwila Ordinance No. 837, creating City of Tukwila Local Improvement District No. 25. Section 2: The acquisition of said lands and property and property rights for the purposes herein mentioned is for a public use and necessity. Section 3: Payment for the lands and property and property rights herein ordered to be taken or damages shall be borne by and be assessed against the properties specially benefitted by such improvements included within the boundaries of the afore- mentioned City of Tukwila Local Improvement District No. 25, previously established, embracing as near as may be all property specially benefitted 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 preservation of the public health, peace and safety and shall take effect immediately upon its passage and publication. PASSED BY THE CITY COUNCIL of the City of Tukwila, Washington, at a regular meeting thereof this day of (Octo L e r 1976. CITY OF TUKWILA, WASHINGTON By p Edgar D. Bauch, Mayor ATTEST: Maxine Anderson, City Clerk Pro Tem APPOVED AS TO FORM: raati Molt La4rence E. Hard, Deputy City Attorney Pu b 1; 5 k e d R e c o r- c o n% c- t e- lb g '7 b 2 K -r 1 r LEGAL DESCRIPTION LID #25 EASEMENT A strip of land one hundred (100) feet wide, with forty -three (43) feet of such width being on the Southeasterly side of the centerline and fifty -seven (57) feet of such width being on the Northwesterly side of the centerline hereinafter described extending over and across the following described property: The Southwesterly one hundred (100) feet in width of vacated Blocks 4 to 9 and 12 to 17, inclusive, of Gundakers Interurban Addition to Seattle, as per plat recorded in Volume 4 of Plats, Page 46, Records of King County; TOGETHER WITH vacated streets adjoining which upon vacation attached to said property by operation of law; situate in the City of Tukwila, County of King, State of Washington. The centerline of said strip is described as follows: Commencing at Highway Engineer's Station P.O.T. (2M) 127 75.0 on the 2M -line shown on the State Highway Map of Primary State Highway No. 1 (SR 405), Green River Interchange, Sheet 2 of 4 Sheets, established by Commission Res. No. 1192, February 19, 1962; thence Northeasterly at right angles to a point on the Southwesterly boundary of the above described property and the true point of beginning of this centerline description; thence continuing in a Northeasterly direction at right angles to said 2M -line a distance of one hundred (100) feet, more or less, to the Northeasterly boundary of the above described property. TOGETHER WITH an easement twenty -five (25) feet in width the centerline of which is described as follows: beginning at the above described point on the Northeasterly boundary; thence at right angles to the above- described centerline of easement thirty -seven and five- tenths (37.5) feet, more or less, to the point of beginning of the twenty five (25)' foot wide easement; thence at right angles to the North- easterly boundary fifty (50) feet, more or less, to the Northerly end of the easement. Said easements being situated in the Southwest quarter of Section 24, Township 23, Range 4 East and located within the City limits of the City of Tukwila, Washington.