Ord 96-261
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ORDINANCE NO. 96-261
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, PROVIDING FOR THE
ACQUISITION OF CERTAIN PROPERTY AND/OR CERTAIN
EASEMENTS OVER, ALONG, UNDER AND ACROSS
CERTAIN PROPERTY FOR THE PURPOSE OF
CONSTRUCTING AND INSTALLING STORMW A TER
IMPROVEMENTS IN THE VICINITY OF SOUTH 356TH
STREET AND PACIFIC HIGHWAY SOUTH, 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, AND
TAKING OF REAL PROPERTY NECESSARY THEREFOR;
DIRECTING THE CITY ATTORNEY TO FILE ALL
NECESSARY ACTIONS AND PROCEEDINGS IN THE
MANNER PROVIDED BY LAW FOR SAID CONDEMNATION.
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Public Necessity. The public health, safety, necessity and convenience
demand that stormwater 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.
The failure to construct such stormwater improvements eventually would result in the flooding
of certain rights of way, including State Route 99 and S. 356 Street, Federal Way, and flooding
of certain single-family residences.
Section 2. Condemned Property. The City Council of the City of Federal Way,
after reviewing the planned improvements, hereby declares that the property and/or easements
located within the City of Federal Way and legally described in Exhibit" A n attached hereto and
ORD #~, PAGE 1
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incorporated herein by this reference, and as shown on the parcel map set forth in Exhibit "B"
attached hereto and incorporated herein by this reference ("Property") is hereby condemned,
appropriated, taken and damaged for the purposes of installing stormwater detention facilities
by constructing storm drains, culverts, berms, spillways, outlet works and pipelines and
landscaping, together with all necessary appurtenances and related work to make a complete
improvement in accordance with City standards, 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 stormwater detention facilities together with temporary easements to enable construction
of said improvements, the Property being taken, damaged and appropriated subject to the making
or paying of just compensation to the owners thereof in the manner provided by law.
Section 3. Condemnation Legal Action. The City Attorney or other attorney
selected by the City Manager is hereby authorized and directed to me all necessary actions and
proceedings provided by law to condemn, take 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 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. The City Attorney is further authorized to adjust the location and/or width of any
of the Property and/or easements therein in order to minimize damages, provided that said
adjustments do not interfere with the use of the Property by the City as provided in this
ordinance.
Section 4. Severability. The provisions of this ordinance are declared separate
and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or
ORD # 96-261, PAGE 2
portion of this ordinance or the invalidity of the application thereof to any person or
circumstance, shall not affect the yalidity of the remainder of the ordinance, or the validity of
its application to other persons or circumstances.
Section 5. Ratification. Any act consistent with the authority and prior to the
effective date of this ordinance is hereby ratified and affirmed.
Section 6. Effective Date. This ordinance shall take effect and be in force five
(5) days from and after its passage, approval, and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this
January, 1996.
16th
day of
CITY OF FEDERAL WAY
/~7/;tÆ:;:~ A:' (Lß
/MAYOR, MARLON S. PRIEST
APPROVED AS TO FORM:
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¿:::> . ~ . LOND1 K. LINDELL
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
12-26-95
01-16-96
01-20-96
01-25-96
96-261
K:\ORDIN\CONDEMN.356
ORD #96-261 ,PAGE 3
LEGAL DESCRIPTION
PROPOSED ACQUlSmON ON
EVERSPRING, INC.
PARCEL # 2921049048
(Original Parcel Legal Description)
EXHIBIT "A"
(Page 1)
ORIGINAL PARCEL - LOT 1
BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF STATE ROAD NO.1 AS
CONVEYED TO THE STATE OF WASHINGTON BY DEED RECORDED UNDER RECORDING
NUMBER 1778238, WITH THE NORTHLINE OF THE NORTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN
KING COUNTY WASHINGTON;
THENCE ALONG SAID EASTERLY LINE OF STATE ROAD SOUTH 21°10' WEST, 700 FEET;
THENCE WITH THE SAME MERIDIAN OF REFERENCE SOUTH 82°50' EAST, 250 FEET;
THENCE NORTH 75"30' EAST, 236 FEET, MORE OR LESS, TO THE EAST LINE OF THE
SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER AT A POINT 631 FEET
SOUTH OF THE NORTHEAST CORNER OF SAID SUBDIVISION;
THENCE NORTH ALONG SAID EAST LINE OF SAID SUBDIVISION 631 FEET TO SAID
NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER;
THENCE ALONG SAID NORTH LINE OF SAID SUBDIVISION SOUTH 89°45' WEST, 228
FEET,
MORE OR LESS, TO THE POINT OF BEGINNING.
K,IORDINlLOTlDES.3S6
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LEGAL DESCRIPTION
PROPOSED ACQUlSmON ON
EVERSPRlNG, INC.
PARCEL # 2921049048
(Acquired Parcel Legal Description)
EXHmIT "A"
(page 2)
LOTI-B
BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF STATE ROAD NO.1 AS
CONVEYED TO THE STATE OF WASHINGTON BY DEED RECORDED UNDER RECORDING
NUMBER 1778238, WITH THE NORTH LINE OF THE NORTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN
KING COUNTY WASHINGTON;
THENCE ALONG SAID EASTERLY LINE OF STATE ROAD SOUTH 21°10' WEST, 700 FEET;
THENCE WITH THE SAME MERIDIAN OF REFERENCE SOUTH 82°50' EAST, 154.59 FEET
TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 82° 50' EAST, 95.41 FEET;
THENCE NORTH 75"30'EAST, 236 FEET, MORE OR LESS, TO THE EAST LINE OF THE
SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER AT A POINT OF 631 FEET
SOUTH OF THE NORTHEAST CORNER OF SAID SUBDMSION;
THENCE NORTH ALONG SAID EAST LINE OF SAID SUBDIVISION 299, MORE OR LESS,
TO THE NORTHLINE OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF
THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER;
THENCE SOUTH 89°50' WEST ALONG SAID NORTHLINE, 188.88 FEET TO A POINT 150.00
FEET AS MEASURED PERPENDICULAR FROM THE EASTERLY LINE OF STATE ROAD
NO.1; THENCE SOUTH 21°10' WEST PARALLEL WITH SAID EASTERLY LINE, 364.86
FEET TO THE TRUE POINT OF BEGINNING.
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LOT 1 (A)'
EVERSPRING. INC.
PARCEL # 2921049048