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HomeMy WebLinkAboutOrd 1456 - North Hill Reservoir Acquisition by Negotation gJ'0" 1 C 1908 CITY OF TUMILA WASHINGT 4-744-15--‘ 744-15--‘ ON ORDINANCE NO. 7 AN ORDINANCE, ADOPTED BY EMERGENCY, AUTHORIZING THE ACQUISITION BY NEGOTIATION OR CONDEMNATION OF A PERMANENT STORM DRAIN /OVERFLOW EASEMENT AND OF A TEMPORARY HAUL ROAD EASEMENT ON PROPERTY DESCRIBED BELOW, AS DESCRIBED BELOW, TO BE USED FOR THE PURPOSES OF AND IN CONNECTION WITH CONSTRUCTION (TEMPORARY EASEMENT) AND OPERATION (PERMANENT EASEMENT) OF THE NORTH HILL RESERVOIR AND PUMP STATION. WHEREAS, the City Council has determined to construct a water reservoir and pump station known as North Hill Reservoir; and WHEREAS, the construction of said reservoir is to be financed by a bond issue in the amount of $3,600,000, which requires that construction be completed by December 31, 1989; 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 to operate the North Hill Reservoir 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: (1) A permanent easement on that portion, described below, of that property, described below, and as shown on Attachment A, for purposes of the location, construction, operation, access, maintenance and repair of a storm drain /overflow across, along, in, under and upon said easement portion: Permanent Easement Portion: A strip of land situated in the property, described below, 20 feet in width, 10 feet to the left and 10 feet to the right (facing increasing stationing) of the following described centerline: commencing at the northwest corner of the property; thence south 87 °45'23" east 26.86 feet along the north line of said property to true point of beginning; thence south 0 °56'16" west 63.11 feet to the beginning of a 100 -foot radius curve to the left with a -delta of 11 °51'11 thence 20.69 feet along said curve; thence south 11 °33'03" east 73.75 feet to the beginning of a 60 -foot radius curve to the left with a delta of 78 °08'20 thence along said curve 81.83 feet; thence south 89 °41'23" east 281.54 feet to a point on the east line of the above described tract of land, subject to easements, rights -of -way, reservations, and restrictions of record. Property: The south 8 feet of Lot 19, and all of Lot 20, Brookvale Garden Tracts, as recorded in Volume 10 of Plats, page 47, records of King County, Washington; and land as described in record of surveys in Book 28, page 115, King County Auditor's File No. 8107099001 and Book 28, page 67, King County Auditor's File No. 8106239007; situated in Section 23, Township 23 North, Range 4 East, W.M., King County, Washington. Page 1 3093CS V/ (2) A temporary easement on that portion, described below, of that Property, described below, and as shown on Attachment A, for purposes of ingress and egress across, along, in and upon said easement portion during the construction of the North Hill Reservoir and Pump Station and of the storm drain /overflow in connection therewith: Temporary Easement Portion: A strip of land situated in the property described below, 45 feet in width, 20 feet to the left and 25 feet to the right (facing increasing stationing) of the following described centerline: commencing at the northwest corner of the property; thence south 87 45'23" east 26.86 feet along the north line of said property to true point of beginning; thence south 0 °56'16" west 63.11 feet to the beginning of a 100 -foot radius curve to the left with a delta of 11 °51'11 thence 20.69 feet along said curve; thence south 11 33'03" east 73.75 feet to the beginning of a 60 -foot radius curve to the left with a delta of 78 08'20 thence, along said curve 81.83 feet; thence south 89 41'23" east 281.54 feet to a point on the east line of the above described tract of land, subject to easements, rights -of -way, reservations, and restrictions of record. Property: The south 8 feet of Lot 19, and all of Lot 20, Brookvale Garden Tracts, as recorded in Volume 10 of Plats, page 47, records of King County, Washington; and land as described in record of surveys in Book 28, page 115, King County Auditor's File No. 8107099001 and Book 28, page 67, King County Auditor's File No. 8106239007; situated in Section 23, Township 23 North, Range 4 East, W.M., King County, Washington. Section 2. That the City of Tukwila shall restore the surface of the area included in the easements above described upon completion of construction. Construction shall be limited to the hours between 7:00 a.m. and 5:00 p.m., Monday through Saturday; except that in the event of emergency, these three restrictions shall not apply. Section 3. That the use to be made of said easements is a public use, to -wit: the construction of a water reservoir and pump station, and the construction and operation of a storm drain /overflow, in connection with the North Hill Reservoir and Pump Station. The cost of acquiring said easements shall be paid for with City funds. Section 4. 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 5. 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 /Va day of 1988. APPROVED: `rte MA(' GAf2Y t. VAN D�Sn APPROVED AS TO FORM; OFFICE OF THE CITY ATTORNEY ATTEST /AUTHENTICATED: i -mac. ►2o�.uc.Q -L By .1 Ty= eT4 0 CITY CLERK, MAXINE ANDERSON U age 2 3093C5 -rr M9/9 't+ n.r�RhiC -R. r 1 z� l XI` r t IN v i t 1 W 0 0 0. N o °cc) 1 cc 4a:%)14.1 zccz ti L v.- cr) ci, 0 ;c (\ic..04.1 z SUMMARY OF ORDINANCE NO. 1456 AN ORDINANCE, ADOPTED BY EMERGENCY, AUTHORIZING THE ACQUISITION BY NEGOTIATION OR CONDEMNATION OF A PERMANENT STORM DRAIN /OVER- FLOW EASEMENT AND OF A TEMPORARY HAUL ROAD EASEMENT ON PROPERTY DESCRIBED BELOW, AS DESCRIBED BELOW, TO BE USED FOR THE PURPOSES OF AND IN CONNECTION WITH CONSTRUCTION (TEMPORARY EASEMENT) AND operation (PERMANENT EASEMENT) OF THE NORTH HILL RESERVOIR AND PUMP STATION. On /Jr 1988, the City Council of the City of Tukwila passed Ordinance o. J 4S6 which provides as follows: for the condemnation of certain property for the purpose of acquiring certain easements in connection with the water reservoir and pump station known as North Hill Reservoir; for surface restoration and limits hours of construction; that the easements are to be used for construction and operation of a storm drain /overflow, and provides for acquisition of easements with City funds; for severability; and designates the ordinance as a public emergency ordinance. 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 J$ 1988. 7 MAXtNE ANDERSON, CITY CLERK Publish: April 24, 1988 Valley Daily News 3093C1/5