ORD 24-982 - Providing for Acquisition of Property for Joint Use OMFORDINANCE NO.24-982
AN ORDINANCE of the City of Federal Way, Washington, providing
for the acquisition of certain property for the purpose of constructing
the Joint Use Operations and Maintenance Facility along 28th Avenue S
from S 312th Street to South 308th Lane including three properties
along the south side of 308th Lane; describing the public use and
necessity of such property; directing staff to exhaust reasonable
negotiation efforts to purchase such property; providing for the
condemnation of the property; and directing the City Attorney to initiate
all necessary actions and proceedings in the manner provided by law for
said condemnation if attempts to purchase are not successful.
WHEREAS, the Joint Use Operation and Maintenance Facility Project ("Project") is included
in the City's Capital Improvement Plan; and
WHEREAS, consistent with the Capital Improvement Plan, the City enacted Ordinance 23-
953 identifying the preferred location of the Joint Operation and Maintenance Facility and authorized
purchase of the associated twelve (12) properties; and
WHEREAS, consistent with the Capital Improvement Plan, the City has secured funding for
the property purchase through Resolution 23-849; and
WHEREAS, prior to construction of the Joint Operations and Maintenance Facility, the City
must acquire all property interests and must j ustly compensate and relocate affected property owners
and tenants; and
WHEREAS, while the City of Federal Way prefers to acquire the necessary property through
active negotiations with the owners of said properties, time is of the essence and the City may not be
able to acquire said interests by negotiation within reasonable timelines to avoid Project cost
escalation; and
Ordinance No. 24-982 Page 1 of 6
WHEREAS, there exist, in the City of Federal Way, certain properties detailed in Exhibit
"A" of this ordinance that the City must acquire for Project purposes; and
WHEREAS, the City Council finds that said properties are critical to the Project and that it is
in the public interest to acquire these properties to ensure the safe and effective operation and
maintenance of public infrastructure; and
WHEREAS, based on the foregoing, the City Council finds that the only alternative available
for acquisition of the following properties may be by eminent domain.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Notice. Pursuant to RCW 8.12.005 and RCW 8.25.290, notice of the consideration
of this ordinance was properly issued by mail on December 29, 2023, to all potentially affected
property owners and published in the proper legal newspaper on December 29, 2023, and January 5,
2024.
Section 2. Public Necessity. The public health, safety, necessity and convenience demand that
the Joint Operations and Maintenance Facility be constructed and maintained within the City of
Federal Way along the east side 28th Avenue South between S 312th Street and S 308th Place and
that certain real property be acquired, condemned, appropriated, taken and/or damaged for the
construction of said Project as provided by this ordinance. Failure to construct such Joint Operations
and Maintenance Facility will greatly impact the City's ability to safely and effectively operate and
maintain the City's public infrastructure including, but not limited to: roadways, sidewalks, storm
drainage, parks, and public facilities.
Ordinance No. 24-982 Page 2 of 6
Section 3. Public Use. The Project demanded by public health, safety, convenience and
necessity consists of those improvements described in the Operation and Maintenance Facility
Development Report (Helix Design Group October 25, 2021) and included facilities necessary to
support current operational needs with room for growth including, but not limited to: operations
building; shops building; storage facilities; fleet maintenance; fueling; solid waste; and parking. Said
improvements will be on a property owned by the City of Federal Way with limited public access for
use by the general public. However, the Project provides benefit for all of the City and therefore
properties condemned herein for the construction of said Project constitutes a public use.
Section 4. Property Acquisition Authorized. The Mayor is authorized and directed to
negotiate and prepare such agreements as are customary and necessary for the acquisition of the real
property interests detailed in Exhibit "A." The Mayor is fiirther authorized to settle any
condemnation litigation or enter administrative settlements (a settlement in lieu of initiating
condemnation litigation) for the acquisition of the real property interests detailed in Exhibit "A."
Such settlements shall be made only upon the recommendation of legal counsel, for amounts deemed
to be a reasonable estimation of fair market value.
Section 5. Condemned Property. The City Council of the City of Federal Way, after
reviewing the planned improvements, hereby declares that the property, encumbrances, and/or
easements located within the City of Federal Way, identified in Exhibit "A" attached hereto and
incorporated herein by this reference ("Property"), shall be and hereby are condemned, appropriated,
taken and/or damaged for the public use and purpose of constructing the Joint Operations and
Maintenance Facility described in Section 2 above. Further, the condemnation, appropriation, taking
Ordinance No. 24-982 Page 3 of 6
and/or damaging of the Property shall be subject to paying just compensation to the owners thereof
in the manner provided by law.
Section d. Condemnation Legal Action. City staff is directed to exhaust reasonable
negotiation efforts to purchase such Property. In the event that these negotiations are unsuccessful,
the City Attorney or other attorney selected by the Mayor is hereby authorized and directed to file all
necessary actions and proceedings provided by law to condemn, take, damage, and appropriate the
Property in order to carry out the provisions of this ordinance, and is further authorized in conducting
said condemnation proceedings and for the purpose of minimizing damages, to stipulate as to the use
of the Property and as to the reservation of any right of use to the Property owner(s), provided that
such reservation does not interfere with the use of the Property by the City as provided in this
ordinance.
Section 7. Source of Funds. The entire cost of the Property acquisition authorized by this
ordinance, including all costs and expenses of condemnation proceedings, shall be paid from
available funds as may be appropriate under the circumstances.
Section 8. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase
of this ordinance, or its application to any person or situation, be declared unconstitutional or invalid
for any reason, such decision shall not affect the validity of the remaining portions of this ordinance
or its application to any other person or situation. The City Council of the City of Federal Way
hereby declares that it would have adopted this ordinance and each section, subsection, sentence,
clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
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Section 9. Corrections. The City Clerk and the codifiers of this ordinance are authorized to
make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Section 10. Ratification. Any act consistent with the authority and prior to the effective date
of this ordinance is hereby ratified and affirmed.
Section 11. Effective Date. This ordinance shall take effect and be in force thirty (30) days
from and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this 6th day of February, 2024.
CITY OF FEDERAL WAY:
ATTEST:
StAMANIE COURTNEY7 CV CITY CLERK
APPROVED
RYAN CALL,�CITY A
MED WITH THE CITY CLERK: 01/10/2024
PASSED BY THE CITY COUNCIL: 02/06/2024
PUBLISHED: 02/09/2024
EFFECTIVE DATE: 03/10/2024
ORDINANCE NO.: 24-982
Ordinance No. 24-982 Page 5 of 6
EXHIBIT "A"
1)
Parcel 0921049095
— Randy and Robin Parris
2)
Parcel 0921049115
— Randall Parris
3)
Parcel 0921049239
— Lyle & Rosella Parris
4)
Parcel 0921049240
— Lyle & Rosella Parris
5)
Parcel 0921049313
— Hong-Gi & Eun-Jin Kong
6)
Parcel 0921049314
— Rose Ann & Dillion Widener
7)
Parcel 0921049084
— Sarah and Steven Jacobs Heirs
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