ORD 05-505
ORDINANCE NO. D5-5~
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 CONSTRUCTING AND INSTALLING RlGHT-OF-
WAY IMPROVEMENTS IN THE VICINITY OF 21ST
A VENUE SOUTH (SOUTH 318T11 STREET TO SOUTH
320TH STREET), 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 L Public Necessity. The public health, safety, necessity and
convenience demand that right-of-way improvements be constructed and maintained within the
City of Federal Way within the vicinity of21s1 Avenue South (South 31Sth Street to South 320lh
Street), and that certain real property and/or easements upon property be condemned,
appropriated, taken and/or damaged for the construction of said improvements as provided by
this ordinance. Failure to construct such right-of-way improvements will make it more difficult
to achieve transportation mode splits consistent with city, county and regional plans, increase
congestion on 20th Avenue South and 23rd Avenue South where they intersect South 320th
Street, create the potential for additional traffic and/or traffic/pedestrian accidents, and inhibit
economic development within the City Center Core Zone.
.
Section 2. Public Use. The improvements demanded by public health, safety,
convenience and necessity consist of those improvements shown on the Right of Way Plans
dated July 20, 2005, by Perteet, Inc. and on file with the City of Federal Way, to whit: the
construction of 21 Sl A venue South to achieve two general purpose vehicle lanes, northbound on-
street parking, curb, gutter, sidewalk, street trees, street lights and a utility strip for underground
utilities, together with all modified Figure III-3(q), Cross Section Q of the City of Federal Way
Comprehensive Plan and as amended by Council authorization on May 4, 2004, and other
applicable City standards. Said improvements will be a part of right-of-way owned by thc City
of Federal Way and open for use by the general public, and therefore the use of property and/or
easements condemned herein for thc construction of said improvements constitutes a public use.
Section 3. Condemned Property. The City Council of the City of Federal Way,
aftcr rcviewing the planned improvements, hereby declares that thc property and/or easements
located within the City of Fcderal Way, legally described and depicted in Exhibit "A" attached
hereto and incorporated herein by this reference ("Property"), shall be and hereby are
condemned, appropriated, taken and/or damaged for the public use and purpose in installing
right-of-way improvements 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 tcmporary easements to enable construction of said improvements.
Further, the condemnation, appropriation, taking and/or damaging of the Property shall be
subject to the making of paying of just compensation to the OWners thereof in the manner
provided by law.
Section 4. (ondemnation Legal Action. The City Attorncy or other auomey
selected by thc 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 of the
Property and as to the reservation of any right of use to the Propel1y 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 of the application thereof to 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 atTtrmcd.
Section 7. 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 /~A- day of
~ 2005.
CITY OF FEDERAL WAY
-~-. --,.,~'"~
MA
ATTEST:
APPROVED AS TO FOR1vI:
~~a.~
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
K:\ORDIN\2005\21 sl Ave Cond
21 st Avenue S Grid Road Extension (South 318th Street to South 320th Street)
Right of Way Aquisition
EXHIBIT A
Page 1 of 2
RIGHT OF WAY ACQUISITION
LEGAL DESCRIPTION
PORTION OF LOT 3
THA T PORTION OF LOT 3 SHORT PLAT NUMBER 1077139 RECORDED UNDER AUDITOR'S FILE NUMBER
, 780630 t 002, RECORDS OF KING COUNTY W ASI IINGTON, MORE P ARTlCULARL Y DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF TIlE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SECfION 9, TOWNSHiP 21 NORTH, RANGE 4 EAST OF THE WM;
THENCE NORTH 89010'50" WEST, ALONG THE SOUTH LINE OF SAID SUBDIVlON, &17.10 FEET TO AN
fNTERSECfION WITH THE SOUTHERJ. Y EXTENSION OF THE EAST LINE OF SAID SHORT PLAT:
THENCE NORTH 01033'59" EAST, ALONG SAID SOUTHERLY EXTENSION, 50.00 FEET TO THE NORTH
RIGHT-OF-WAY MARGIN OF SOUTH 320TH STREET AS RECORDED UNDER AUDITOR'S FILE
NUMBER 272741& AND 4998538:
THENCE NORTH &&OI0'50"WEST ALONG,SAIDNORTH RIGHT-Of-WAY MARGfN 49.16 FEET TO THE
POINT OF BEGINNING;
THENCE CONTINUING NORTH 88010'50" WEST ALONG SAID NORTH RIGHT-OF-WAY LINE 43.06
FEET;
THENCE LEAVING SAID NORTH RIGHT -OF- WAY MARGIN NORTH 0 t 025 '39" EAST 5.92 FEET;
THENCE SOUTH 89015'28" EAST 30.69 FEET;
THENCE NORTH 77024'27" EAST 1939 FEET;
THENCE NORTH 36034'25" EAST 28.72 FEET;
THENCE NORTH 02002'02" EAST 95.0 I FEET;
THENCE NORTH 28017'36" WEST 21.23 FEET;
THENCE NORTH 7100t'OO"WEST 12.00 FEET;
THENCE NORTH 05041 '54" EAST 14.31 FEET TO THE NORTH LINE OF SAID LOT 3, SAID POINT BEING
THE BEGINNING OF CURVE CONCAVE TO THE SOUTHWEST HAVING A RADrus OF 35.00 FEET TO
WHICH POINT A RADIAL LINE BEARS NORTH 05041 '54" EAST;
THENCE EASTERLY AND SOUTHERLY 52.45 FEET ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF &5052'05":
THENCE SOUTH 01033 '59" WEST 96.19 FEET TO THE BEGINNING OF A CURVE CONCA VE TO THE
NORTHWEST HAVING A RADIUS OF 35.00 FEET;
THENCE SOUTHERLY AND WESTERLY 55. t 3 FEET ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 90015'11" TO THE POINT OF BEGINNING:
THE P AReEt DESCRIBED ABOVE CaNT AlNS 2,651 SQUARE FEET (0.06 ACRES) MORE OR LESS.
SUBJECT TO RIGHfS, TITLE, EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD OR WHICH
A IT ACH THERETO BY OPERATION OF LAW.
SIT11ATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
~,
C. 9, TWP, 21 N, RCE, 4 E, W.M
TRACT X
o N 88'10'50" W 43.06' 6. 85"52'05"
o N 01'25'39" E 5.92' ,
o S 89'5'28" E 30.69' R=3S
o N 71'24'27" E 19.39' L= 52.45'
o N 36'34'25" E 28.72'
@ N 02'02'02" E 95.01
<V N 28'17'36" W 21.23' 11 5'
@ N 71'01'00" W 12.00' .
@ N 05'41'54" E 14.31
@ S 01"33'59" W 96.19'
EVERGREEN PLAZA
BINDING 51 TE PLAN
LOT 3 '
KING CO. SHORT PLAT V)
NO. 1077139 !.t.l ~
m<{
If')
'i-r)-+-'
12.2' r> ~
o N
Z
6. 9015'11"-0
320th ST SO. ~=;;: 13' g THIS IS NOT A
BOUNDARY SURVtY MAP
N 89'10'SO"W
SOUTH LINE SECTION 9 817.10'
lei Perteet Inc,
~ PlIIidna lane . SUlle 300 . Lak...ood, 11.1. 98499 . (253) 884-7138
CITY OF FEDERAL WAY
KEY BANK PARCEL
(PARCEL NO, 092104-9271)
DATE: AUGUST 2005 SHEET 1 OF 1
SUBTERRANEAN WALL ANCHOR EASEMENT ACQUISITION
LEGAL DESCRIPTION
PORTION OF LOT 4
THA T PORTION OF LOT 4 OF SHORT PLAT NUMBER 1077139 RECORDED UNDER AUDITOR'S FILE NUMBER
780630 1002, RECORDS OF KING COUNTY WASHINGTON, MORE P ARTICULARL Y DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 4 EAST OF THE WM;
THENCE NORTH 89010'50" WEST, ALONG TIlE SOUTH LINE OF SAID SUBDIVION, 817.10 FEET TO. AN
INTERSECTION WITH THE SOUTHERLY EXTENSION OF THE EAST LINE OF SAID SHORT PLAT;
THENCE NORTIl 01033'59" EAST, ALONG SAID SOUTHERLY EXTENSION, 825.00 FEET TO THE
NORTHEAST CORNER OF SAID LOT 4;
THENCE NORTH 88010'50" WEST ALONG THE NORTH LINE OF SAID LOT 4 A DISTANCE OF 47.07
FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING NORTH 88010'50" WEST 5.00 FEET;
THENCE LEAVING SAID NORTH LINE SOUTH 01043'49" WEST 2.51 FEET TO THE BEGINNING OF A
CURVE CONCA VB TO THE EAST HAVING A RADIUS OF 208.00 FEET;
THENCE SOUTHERLY 72.29 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19054'25"
TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE WESTHA VING A RADIUS OF 162.00
FEET; THENCE SOUTHERLY 55.69 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
19041 '50";
THENCE SOUTH 01030'56" WEST t 15-91 FEET;
THENCE SOUTH 48015'06" WEST 6.30 FEET;
THENCE SOUTH 4t 044'54" EAST 5.00 FEET;
THENCE NORTH 48015'06" EAST 8-47 FEET;
THENCE NORTH 01030'56" EAST 118.07 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE
SOUTHWEST HAVING A RADIUS OF 167.00 FEET;
THENCE NORTHERLY 57.41 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19041'50"
TO TIlE BEGINNING OF A REVERSE CURVE CONCAVE TO TIIE NORTHEAST HAVING A RADIUS OF
203.00 FEET;
THENCE NORTHERLY 70.53 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19054'25";
THENCE NORTH 01043'49" EAST 2.50 FEET TO THE POINT OF BEGINNING.
THE PARCEL DESCRIBED ABOVE CONTAINS t,275 SQUARE FEET (0.03ACRES) MORE OR LESS.
SUBJECT TO RIGHTS, TITLE, EASEMENTS, RESTRICTIONS AND RESERV A nONS OF RECORD OR WHICH
A IT ACH THERETO BY OPERATION OF LAW.
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
, 7 zoe.:!"
I
,
,
A PORTION 01'
SEC, 9, TWP, 21 N, RCE. 4 E, W.M.
I
NORTH LINE LOT 4
lJ. 19'54'25"
R= 208. 00'
l= 72.29' 11 19'54'25"
R=203.00'
l= 70.53'
11 19"41'50"
R=167.00'
l= 57.41'
LOT 6
LOT 4 EVERGREEN PLAZA
KING CO. SHORT PLAT BINDING SITE PLAN
NO. 1077139 v
I-u)
o N 8810'50" W, 5.00' 0
-.JW
@ S 01'43'49" W, 2.51' w>
o S 01'30'56" W, 115.91' Z <(
o S 48"15'06" W, 6.30' .:J
@ S 41"44'54" E, 5,00' -+-'
l- V>
@ N 4815'06" E, 8.47' (I) <0-
o N 01"30'56" E, 118.07 <( N
w
@ N 01'43'49" E, 2.50'
5.0'
40 20 0 40
I I I I
SCALE IN FEET
CITY OF FEDERAL WAY ,THIS IS NOT A
BOUNDARY SURVEY MAP
I~I Perteet InC.
362S PertIu Wle . SuIte 300 . Laknoocl. n 98499 . (253) QM-7138
PARCEL EXHIBIT MAP
CRATSENBERG PARCEL
(PARCEL NO. 092104-9297)
SUBTERRANEAN WALL ANCHOR EASEMENT
DATE: SEPTEMBER 2005 SHEET 1 OF 1
,
RIGHT OF WAY ACQUlSTION
LEGAL DESCRIPTION
PORTION OF LOT 4
THAT PORTION OF LOT 4 OF SHORT PLAT NUMBER 1077139 RECORDED UNDER AUD]TOR'S FILE NUMBER
7806301002, RECORDS OF KING COUNTY WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUfHWEST
QUARTER OF SECT]ON 9, TOWNSHIP 2] NORTH, RANGE 4 EAST OF THE WM;
THENCE NORTH 890/0'50" WEST, ALONG THE SOUTH LINE OF SAID SUBDlVION, 817.10 FEET TO AN
lNTERSECTION WITH THE SOlITHERL Y EXTENSION OF THE EAST LINE OF SAID SHORT PLAT;
THENCE NORTH 01033'59" EAST, ALONG SAID SOUTHERLY EXTENSION, 243.04 FEET TO THE
SOU11IEAST CORNER OF SAID LOT 4 TO THE POINT OF BEGINNING;
THENCE CONTINUING NORTH 01033 '59" EAST 58] .96 FEET TO THE NORTHEAST CORNER OF SAID
LOT 4;
THENCE NORTH 88010'50" WEST ALONG THE NORTH LINE OF SAID LOT 4 A DISTANCE OF 47.07
FEET;
THENCE LEAVING SAID NORTH LINE SOUTH 01043'49" WEST 2.50 FEET TO THE BEGINNING OF A
CURVE CONCAVE TO THE EAST HA VINO A RADIUS OF 203.00 FEET;
THENCE SOUTHERLY 70.53 FEET ALONG SAID CURVE TIIROUGH A CENTRAL ANGLE OF 19"54'25"
TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO TIIE WEST HAVING A RADIUS OF t67.00
FEET;
THENCE SOUTHERLY 57.41 FEET ALONG SAID CURVE TIlROUGH A CENTRAL ANGLE OF 19"41 '50";
THENCE SOUTH 01"30'56" WEST 118.07 FEET;
THENCE SOlITH 48"15'06" WEST 11.67 FEET;
THENCE SOUTH 88"29'04" EAST 9.00 FEET;
THENCE SOUTH 01 "30' 56" WEST 203.37 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE
EAST HA VlNG A RADIUS OF 202.50 FEET;
THENCE SOUTHERLY 48.31 FEET ALONG SAID CURVE TIIROUGH A CENTRAL ANGLE OF 13"40' 14"
TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 167.50
FEET;
THENCE SOUTHERLY 39.96 FEET ALONG SAID CURVE TIIROUGH A CENTRAL ANGLE OF 13"40' 14"
TO THE BEGINNING OF A COMPOUND CURVE CONCA VB TO THE NORTHWEST HAVING A RADIDS
OF 3 1.03 FEET;
THENCE SOUTHERLY AND WESTERLY 51.01 FEET ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 94010'58";
THENCE SOUTH 05"4t '54" WEST 2.96 FEET TO THE SOUTH LINE OF SAID LOT 4;
THENCE SOUTII 84"18'06" EAST ALONG SAID SOUTH LINE 47.57 FEET TO THE POINT OF
BEGINNING.
THE PARCEL DESCRIBED ABOVE CONTAINS 15,491 SQUARE FEET (0.36 ACRES) MORE OR LESS.
SUBJECf TO RlGHTS, TITLE, EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD OR WHICH
ATTACH THERETO BY OPERA nON OF LAW.
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
,
.
A PORTION OF
SEC. 9, TWP, 21 N, RCE. 4 E, W.M.
2
NORTH LINE LOT 4
/}. 19"54'25"
R"'203.00'
L'" 70.53'
/}. 19'41'50"
R=167.00'
l= 57.41'
25.30 EVERGREEN PLAZA
. BINDING SITE PLAN
.q-
I-
0
-.J
~ W o N 01'33'59" E. 581.96'
LOT 4 CD N 88'0'50" W,47.07'
6 Z CD S 01'43'49" W, 2.50'
KING CO, SHORT PLAT. -.J o S 01'30'56" W, 118.07'
NO. 1077139 I- G> S 48'5'06" w. 11.67'
(/) @ S 88'29'04" E. 9.00'
<t: <D S 01'30'56" W. 203.37'
W @ S 05'41'54" W, 2.96'
@ S 84'8'06" E. 47.57'
(/)
W
>
<[
/}. 13'40'14" -+-'
R.. 202. 50' m
L= 48.31' ..........
N
/}. 94'10'58"
R=31.03'
L.. 51.01' D. 1 3'40"4"
R"167.50'
L= 39.96'
TRACT X POB THIS fS NOT A
r BOUNDARY SURVEY MAP
I~I Perteet Inc.
~ PerIllns line . SIlll.e 300 . .....kewood. ,,, 96499 . (253) 964-7136
CITY OF FEDERAL WAY
CRATSENBfRG PARCEL
(PARCEL NO, 092104-9297)
RIGHT - OF - WA Y AC VISIT/ON
DATE: AUGUST 2005 SHEU 1 OF 1
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