ORD 07-548
ORDINANCE NO. 07-Stf{!
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, VACATING A PORTION
OF 35th AVENUE SOUTH IN THE VICINITY NORTH OF
SOUTH 336th STREET.
WHEREAS, a valid petition has been filed by the owners of at least two-thirds ofthe
abutting property requesting vacation of a portion of 35th Avenue South, in the vicinity north of
South 336th Street; and
WHEREAS, pursuant to Resolution 06-491, the Federal Way City Council held a
public hearing at its regular meeting on January 16, 2007 to consider the petition for vacation as
required by state law and Federal Way City Code Section 13-102; and
WHEREAS, following the conclusion of the public hearing on January 16,2007, the
City Council considered the proposed vacation and its compliance with the criteria outlined in
FWCC Section 13-102, and decided to grant the vacation; and
WHEREAS, pursuant to FWCC 13-103(4), the abutting property owners have
compensated the City in an amount not to exceed the full appraised value of the vacated property;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Vacation. That portion of the right-of-way of 35th Avenue South, in the
vicinity north of South 336th Street, as described in Exhibit "A" (legal description) and as depicted
on Exhibits "B" and "C" (survey and vicinity map) attached hereto is hereby vacated. The property
lying in the portion of the right-of~way described in Exhibit "A" shall be returned to and belong to
ORD # {)7'5i.fg , PAGE 1
those persons entitled to receive the property in accordance with state law.
Section 2. Recordation. Upon passage, approval and publication ofthis ordinance,
the City Clerk is directed to cause this ordinance to be recorded with the King County Department of
Records and Elections. .
Section 3. Severability. The provisions ofthis ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion ofthis
ordinance or the invalidity ofthe application thereofto any person or circumstance, shall not affect
the validity of the remainder ofthe ordinance, or the validity of its application to other persons or
circumstances.
Section 4. Ratification. Any act consistent with the authority and prior to the
effective date of this ordinance is hereby ratified and affirmed.
Section 5. Effective Date. This ordinance shall take effect and be in force five (5)
days from and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this c2LJfC day of
rJphm~
2007.
CITY OF FEDERAL WAY
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ATTEST:
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CI ,. CLERK, LAURA HA THAW A Y, CMC
ORD # 07-St./g , PAGE 2
APPROVED AS TO FORM:
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CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK: 1- 3<YO'{
PASSED BY THE CITY COUNCIL: ;}..-;)o. 07
PUBLISHED: d-.-::2.Y-Ol
EFFECTIVE DATE: ~(II ()7
ORDINANCE NO. 07- 5~
K:\ordinance\2007\3Sth Street Vacation
ORD # 07-SIf<6 , PAGE 3
Exhibit'"A'''
Perimeter of total vacation
Beginning at the most northerly comer of Lot I. HenscH's First Addition, Volume 62, Page 55, Records of
King County. Washington:
Thence North 28"08'00" East. along the northerly extension of the westerly line of said Lot I, a distance of
20.00 feet:
Thence South 61052'00" East. a distance of20.GO teet to a point on the southerly extension of the westerly
line of said Lot 5, Hensel!'s First Addition. Volume 62, Page 55. Records of King County, Washington;
Thence South 28008'00" West. a distance of 10.00 feet;
Thence South 61052'00" East, a distance of 10.83 teet to a point on the northetly extension of the east line
of said Lot I;
Thence South 00057'00" East, a distance of 11.44 teet to the northeast comer of said Lot I;
Thence North 61 052'00" West, along the north line of said Lot I, a distance 006.40 feet to the Point of
Beginning.
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PARCEL NO. 3258000010
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EXHIBIT "'B"
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M. EDWARDS
PARCEL NO. 6143600415
VACATION
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Cramer Northwest Inc.
Surveyors Planners & Engineers
945 N. CENTRAL,
(253)852-4880 (local)
(253)852-4955 (fax)
DRAWN BY: OB.H. SCALE:
JOB NO.: 2006-101 NTS
STE. #104, KENT, WA 98032
1-(800)251-0189 (toll free)
E-MAIL: cni@cramernw.com
SHEET: DATE:
1 OF 1 Wed.. Nov. 8. 2006
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VICINITY MAP
35TH AVE SOUTH
STREET VACATION
\/lap made by John Mulkey
Nore: rh.s map ,s on/ended for use as a graph,cal represen/atlQn only
M.ap Upddted Sept. 28 2006
The Oly of Federal Way makes /10 warranty as 10 'IS accuracy.