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Ord 90-071 0072.050.002 JEH/crd 07/13/90 ORDINANCE NO. ~ AN ORDINANCE OF, THE CITY OF FEDERAL WAY, WASHINGTON, PROVIDING FOR THE ACQUISITION OF CERTAIN PROPERTY AND CERTAIN EASEMENTS OVER, ALONG, UNDER AND ACROSS CERTAIN PROPERTY FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING STREET IMPROVEMENTS ALONG A PORTION OF SOUTH AND SOUTHWEST 356TH STREET, TOGETHER WITH ALL NECESSARY APPURTENANCES AND RELATED WORK NECESSARY TO MAKE A COMPLETE IMPROVEMENT IN ACCORDANCE WITH APPLICABLE CITY STANDARDS ALL WITHIN THE CITY OF FEDERAL WAY, PROVIDING FOR THE CONDEMNATION, APPROPRIATION, TAKING AND DAMAGING OF LAND OR OTHER PROPERTY NECESSARY THEREFORE; DIRECTING THE ATTORNEY FOR THE CITY TO PROSECUTE THE APPROPRIATE ACTION AND PROCEEDINGS IN THE MANNER PROVIDED BY LAW FOR SAID CONDEMNATIONS; AND AMENDING ORDINANCE NO. 90-63. WHEREAS, Ordinance 90-63 of the city of Federal Way authorized the condemnation of certain property and easements for improvements along S.W. 356th street, and WHEREAS, the city council has determined that additional property and easements not described in Ordinance 90- 63 are necessary to make a complete improvement, now, therefore, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: section 1. The public health, safety, and necessity and convenience demand that street improvements be constructed and maintained within the city of Federal Way and that certain property and/or easements upon property be condemned, appropriated, taken and damaged for the construction of said improvements as provided by this ordinance. JEH022380 -1- COpy section 2. The city council of the City of Federal Way, after reviewing the planned improvements, hereby declares that the property and/or easements hereinafter set forth are necessary for public use. section 3. The property and/or easements within the City of Federal Way, King county, Washington, which have been designated on Exhibit A attached hereto and incorporated herein by this reference as if set forth in full, shall be, and the same are hereby condemned, appropriated, taken and damaged for the purposes of improving a portion of South and Southwest 356th street, by constructing standard curbs, gutters and sidewalks, bikeways, driveways across sidewalks, paving the streets with asphalt, concrete paving, and landscaping, together with all necessary appurtenances and related work to make a complete improvement in accordance with the city standards all within the city limits, together with the right to make all necessary slopes for cuts and fills upon adjacent lands in the reasonable original grading and maintenance of the street together with temporary easements to enable construction of said improvements, said land and easements being taken, damaged and appropriated subject to the marking or paying of just compensation to the owners thereof in the manner provided by law. section 4. The city Attorney or other attorney selected by the City Manager is hereby authorized and directed to begin and prosecute the proceedings provided by law to condemn, take and appropriate the property rights necessary to carry out JEH022380 -2- 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 hereby authorized to be condemned and appropriated and as to the reservation of any right of use to the owner, provided that such reservation does not interfere with the use of said property by the city as provided in this ordinance. The Attorney for the city is further authorized to adjust the location and/or width of any of the property and/or easements herein described in order to minimize damages, provided that said adjustments do not interfere with the use of said property by the city as provided in this ordinance. section 5. This ordinance shall be effective five (5) days after passage and publication of an approved summary consisting of the title to this ordinance. PASSED by the City council of the city of Federal Way this 11th day of JUly, 1990. CITY OF FEDERAL WAY ftAA - £/ MAYOR, DEBRA ERTEL JEH022380 -3- FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: July 20, 1990 EFFECTIVE DATE: July 25, 1990 ORDINANCE NO. 90-71 JEH022380 July 16, 1990 July 17, 1990 -4- EXHIBIT A - FEE TITLE GARRY W, MARKLAND - PARCEL 51 That portion of the following described parcel of land lying Northeasterly of a line 42 feet Southwesterly and concentric with, the centerline of Southwest 356th Street, as surveyed under King County Road Survey No. 25-21-3-7A. Said parcel of land is described as follows: Lot 5. Block 2, L'Origan Manor, according to the plat recorded in Volume 45 of Plats. pages 33 and 34 in King County, Washington. Containing an area of 2,073 sq. ft., or 0.0476 acres, MIL. Together wi th the ri ght to make all necessary sl opes for cuts and fill s upon the abutting property on each side of any road which is nOW, or may be const- ructed hereafter on said property, in conformity with standard plans and spec- ifications for highway purposes, EASEMENT FOR SLOPES AND UTILITIES GARRY W. MARKLAND - PARCEL 51A The rights to construct utilities, and make slopes on said property of Owner for cuts and fills as follows: That portion of the following described Tract "X" lying Northeasterly Of a line 47 feet Southwesterly of and concentric with the centerline of Southwest 356th Street as surveyed under King County Road Survey No. 2S-21-J-7A: LESS Deed take. Containing an area of 586 sq. ft" or 0.0134 acres, MIL. TRACT "X": Lot 5, Block 2, L'Origan Manor, according to the plat recorded in Volume 45 of Plats, pages 33 and 34, In King County, Washington,