Res 04-412
RESOLUTION NO. 04-412
A RESOLUTION OF THE CITY OF FEDERAL WAY,
WASHINGTON ESTABLISHING THE CONDITIONS OF
ACCEPTANCE FOR OWNERSHIP OF THE WEST HYLEBOS
STATE PARK
WHEREAS, the City of Federal Way ("City") on July 8, 2003 sent a letter to
the State Parks and Recreation Commission, ("the Commission") to formally communicate
interest in assuming ownership of the State of Washington ("State") West Hylebos State Park
lands located in the City of Federal Way ("State Park"); and
WHEREAS, on October 9, 2003 the Commission directed staff to prepare
mutually acceptable conditions for the transfer of the State Park to the City; and
WHEREAS, on February 26, 2003 a public meeting on the transfer of the State
Park to the City was held with no opposition recorded; and
WHEREAS, the State Park is a unique natural environment in an urban setting
that our citizens greatly enjoy and appreciate;
NOW, THEREFORE, THE CITY OF FEDERAL WAY, WASHINGTON
HEREBY RESOLVES AS FOLLOWS:
Section 1. Conditions of Acceptance.
The Federal Way City Council supports
conveyance of the State Park to the City under the following conditions:
1. The State will transfer, and the City will receive, ownership of all property,
including but not limited to all improvements, currently owned by the State at
the site;
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ORIGINAL
2. The State will provide clear title of all property(s) with no outstanding liens,
other interests, or encumbrances;
3. The State will examine origination of the funds used to purchase the property(s)
and satisfactorily address and resolve any conversion clauses that need to be
resolved;
4. The transfer shall not restrict or prohibit the City from considering and/or
implementing development that accommodates public access and/or interpretive
elements consistent with open space park development, and which would not
derogate the natural resource, if deemed by the City as a necessary element to
protect, preserve and/or enhance habitat within the open space, and/or for public
education regarding the open space;
5. The City agrees to comply with any existing use restrictions that may be in
effect due to grants or funding sources used by the State during its ownership to
acquire or improve the park;
6. Upon transfer, the State will terminate use of the State Park for all its operations
including caretaker residency in the two buildings on site;
7. The City accepts all existing conditions and/or current leases as may be required
by law.
Section 2. Authorization to Take Additional Actions. The City Manager is hereby
authorized to take all steps necessary to successfully complete the ownership transfer in
accordance with the City Council's direction.
Section 3. Severability. If any section, sentence, clause or phrase of this resolution
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
Res. Ø4-412, Page 2
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this resolution.
Section 4. Ratification. Any act consistent with the authority and prior to the effective
date of this resolution is hereby ratified and affirmed.
Section 5. Effective Date. This resolution shall be effective immediately upon passage
by the Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, this 4tlday of May 2004.
CITY~F FEDERAL WAY. /'7
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MA YOR, DEAN MCCO AN
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CITY CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
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PATRICIA A. RICHARDSON, CITY ATTORNEY
FILED WITH THE CITY CLERK: 04/27/04
PASSED BY THE CITY COUNCIL: 05/04/04
RESOLUTION NO. 04-412
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