Ord 01-403
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ORDINANCE NO. ~3 \
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, PROVIDING FOR THE
CONDEMNATION, APPROPRIATION, TAKING AND/OR
ACQUISITION OF CERTAIN REAL PROPERTY AND/OR
EASEMENTS FOR THE PURPOSE OF ACQUIRING REAL
PROPERTY FOR RIGHT-OF-WAY IMPROVEMENTS FOR
THE PROJECT KNOWN AS SOUTH 312TH STREET
IMPROVEMENTS, FROM STATE ROUTE 99 TO 23RD
A VENUE SOUTH, TOGETHER WITH ALL
APPURTENANCES AND RELATED WORK NECESSARY TO
MAKE A COMPLETE IMPROVEMENT IN ACCORDANCE
WITH APPLICABLE CITY STANDARDS ALL WITHIN THE
CITY OF FEDERAL WAY; AND 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 I. Public Necessity. The public health, safety, necessity and convenience
demand that certain right-of-way improvements be constructed and maintained within the City of
Federal Way, specifically, the South 312th Street Improvement Project from State Route 99 to 23rd
Avenue South, and that certain real property and/or easements upon property be condemned,
appropriated, taken and/or damaged for the construction of said improvem<;nts as provided by this
ordinance. Failure to construct such right-of-way improvements will cause traffic counts to continue
to exceed capacity within the South 312th Street Improvement Project, !Tom State Route 99 to 23rd
Avenue South, create the potential for additional traffic and/or traffic/pedestrian accidents, and
inhibit economic development within the City Center Core and City Center Frame zones.
ORD # 01-403, PAGE I
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Section 2. Public Use. The improvements dem¡¡nded by public health, safety,
convenience and necessity consist of the following improvements:
lane additions (the project
widens the road from 2/3 lanes to 5 lanes), I 2 foot sidewalks, street trees, landscaping, decorative
lighting and traffic signals at 20th Avenue South and 23rd Avenue South, together with all
appurtenances and related work necessary to make a complete improvement in accordance with
Figure III-3(a), Cross Section A of the City of Federal Way Comprehensive Plan and other applicable
City standards. Said improvements will be a part of right-of-way owned by the City of Federal Way
and open for use by the general public, and therefore the use of property and/or easements
condenrned herein for the construction of said improvements constitutes a public use.
Section 3. Condemned Prooerty. The City Council ofthe CityofFederaI Way, after
reviewing the planned improvements, hereby declares that the property located within the City of
Federal Way, legally described and depicted in Exhibit "A" attached hereto and incorporated herein
by this reference ("Property"), shall be and hereby are condenrned, appropriated, taken and/or
damaged for the public use and purpose of completing the South 3l2th Street Improvement Project
described in Section 2 above. The condemnation, appropriation, taking and/or damaging of the
Property includes the right to make all necessary slopes for cuts and fills upon adjacent lands in the
reasonable original grading and maintenance of the right-of-way facilities, as well as temporary
easements to enable construction of said improvements. Further, the condenrnation, appropriation,
taking and/or damaging of the Property shall be subject to the making or paying of just compensation
to the owners thereof in the manner provided by law.
ORD #01-403, PAGE 2
Section 4. Condemnation Lel!:al Action. The City A¡torney or other attorney selected
by the City Manager is hereby authorized and directed to file 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 ofthe 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. The City Attorney is further authorized
to adjust the location and/or width of any of the Property and/or easements condemned or taken
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 5. Severability. The provisions of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this
ordinance or the invalidity ofthe application thereofto any person or circumstance, shall not affect
the validity of the remainder of the ordinance, or the validity of its application to other persons or
circumstances.
Section 6. Ratification. Any act consistent with the authority and prior to the
effective date of this ordinance is hereby ratified and affirmed.
Section 7. Effective Date. This ordinance shall take effect and be in force five (5)
days ITom and after its passage, approval, and publication, as provided by law.
PASSED by the City Council ofthe City of Federal Way this 4th day of September,
2001.
ORD # 01-40:¡ PAGE 3
CITY OF FEDERAL WAY
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MAYOR, MIKE P /' "-
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CITY CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
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CITY ATTORNEY, BOB C. STERBANK
FILED WITH THE CITY CLERK: 07/31/01
PASSED BY THE CITY COUNCIL:O9/04/01
PUBLISHED: 09/08/01
EFFECTNE DATE: 09/11101
ORDINANCE NO. 01-403
K, \ORDIN\condem. Marriott .doc
7/27/01
ORD #ok:iO.L, PAGE 4
EXHIDIT "A"
The South 12.00 feet of the following described parcel:
Lot 3, King County Short Plat Number 875038, recorded under Recording
Number 751205613 said short plat being a portion of the south half of Tracts
126 and 127, of Barker's Steel Lake Tracts, unrecorded, in King County,
Washington.)
Containing an area of 1,234 square feet, more or less.
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EXPIRES
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