Loading...
ORD 05-514 ORDINANCE NO. tr$..:5~Lj AN ORDINANCE OF THIi: CITY COlJNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, PROVIDING FOR THE CONDEMNATION, APPROPRIATION, l' AKING AND/OR ACQUISITION OF CERTAIN REAL PROPERTY AND/OR EASEMENTS FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING RIGHT-OF- WAY IMPROVEMENTS IN THE VICINITY OF 21ST AVENUE SOUTHWEST EXTENSION (SOUTHWEST 356TH STREET TO 22ND A VENUE SOUTHWEST), TOGETHER WITH ALL APPURTENANCES ANI> 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 1. 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 of 21 st A venue Southwest extension (SW356th Street to I 22nd Avenue Southwest), 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. ,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 October 31, 2005, by Perteet, Inc. and on file with the City of Federal Way, to whit: the construction of 2151 A venue Southwest extension 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), ems:; Section R 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 the City of Federal Way and open for use by the general public, and therefore the use of property and/or easements condemned herein for the construction of said improvements constitutes a public use. Section 3. 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, legally described and depi,cted 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 temporary 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. Condemnation Legal Action. The City Attorney or other attorney selected by the City Manager is hereby authorized and directed to file all necessary actions and proceedings provided by taw 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 K:\COUNCIL\AGD ILLS\200S\11-1S-0S 21st Ave SW SW 356th to 22nd Ave SW condemnation ORDINANCE.doc Property and as to the reservation of any right of use to the Property owner(s), provided that such resl;rvation does not interfere with the use of the Property by the eity as provided in this ordinance. '-rhe City Attomey 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 minimlze 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 applieation thereof to any person or circumstance, shall not affect the validity of the remainder ofthe 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 from and after its passage, approval, and publication, as provided by law. PASSED by the City Council of the City of Federal Way this f)jJ~ day of 1)1'2 Am Jar 2005. CITY OF FEDERAL WAY '-~ LA RA HATHAWAY, CITY K:\COUNCIL\AGD ILLS\2005\11-15-05 21st Ave SW SW 356th to 22nd Ave SW condemnation ORDINANCE.doc • APPROVED AS "['O FORM: l'�'''�� � ��G-' , ✓ z� , s-� . z ATRICIA A. RICHARDSON, CITY ATTORNEY FILED WITH THE CITY CLERK: � PASSED BY THE CITY COLTNCIL: PUBLISHED: EFFECTNE DATE: ORDINANCE NO.: - K:\ORDIN\2Q05\21 SW Cond SW 356` to 22" Aue SW • K:\COUNCIL�AGD ILLS\2005\1i-15-05 21st Ave SW SW 356th to 22nd Ave SW condemnation ORDINANCE.doc 21 st Avenue SW Extension (SW 356th Street to 22nd Avenue SW) Right of Way Aquisition EXHIBIT A Page 1 of 9 RIGHT OF \VA Y ACQl.iISTlO:-. i.F.GAL DESCRIPTION PORTION OF GOVERNMENT LOT 1 PARCEL NO. 25210:1\1022 AN ACQUISITION OF A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 25, TOWNSHII' 21 NORTH, RANGE 3 EAST. W.M SAID PARCEL MORE PARTICULARLY DESCRIBED AS A PORTION OF GOVERNMENT LOT 2 BEGINNING 30.00 FEET SOUTH OF THE NORTHWEST CORNER OF SAID GOVERNMENT LOT, SAID CORNER AND THE WEST LINE OF SAID GOVERNMENT LOT 2 EST ABLlSHED IN KING COUNTY SUPERIOR COURT CAUSE NO. 82-2-02264-t AND DELINEATED ON SURVEY NO. 8I05099002; THENCE SOUTH ALONG SAID WEST LINE 350.00 FEET; THENCE EAST PARALLEL WITH THE NORTH LINE OF SAID LOT 2 A DISTANCE OF 150.00 FEET; THENCE NORTH PARALLEL WITH WEST LINE OF SAID LOT 2 A DISTANCE OF 350.00 FEET; THENCE WEST 150.00 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PORTION CONVEYED TO KING COUNTY FOR WIDENING SOUTHWEST 356TH STREET UNDER RECORDING NO.8305170926. SAID ACQUISITION MORE PARTICULAL Y DESCRJBED AS FOLLOWS; ALL THAT PORTION OF GOVERNMENT LOT 2 LYING WEST OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHWEST CORNER OF SAID GOVERNMENT LOT 2; THENCE SOUTH 00"17'23" EAST ALONG THE WEST LINE OF SAID GOVERNMENT LOT 2 A DISTANCE OF 42.02 FEET TO THE SOUTH RlGHT-OF- WAY MARGIN OF S.W. 356TH ST.; THENCE SOUTH 88"39'34" EAST ALONG SAID SOUTH RJGHT-OF-W A Y MARGIN 67.32 FEET TO TIlE POINT OF BEGINNING; THENCE LEAVING SAID SOUTH RlGHT-OF-W A Y MARGIN SOUTH 02"36'00" WEST 1.55 FEET; THENCE NORTH 87"2t '57" WEST 12.69 FEET TO THE BEGINNING OF A CURVE CONCAVE TO 11IE SOUTHEAST HAVING A RADIUS OF 20.00 FEET;THENCE SOUTHWESTERLY 34.45 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE 98"4 I '51" TO THE BEGINNING OFA COMPOUND CURVE CONCAVE TO THE EAST HA VINGA RADIUS OF 157.00 FEET; THENCE SOUTHERLY 25.10 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 09"09'33" TO THE BEGINNING OF A REVERSE CURVE CONCA VE TO THE SOUTHWEST HA VING A RADIUS OF 233.00 FEET; 11IENCE SOUTHERLY 60.73 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14"55'58"; THENCE SOUTH 00" 1 7'23" EAST 30.46 FEET TO THE BEGINNING OF A CUR VB CONCAVE TO TIlE NORTHWEST HAVING A RADmS OF 83.00 FEET; THENCE SOUTHWESTERLY 92.01 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 63"30'58" TO THE WEST LINE OF SAID GOVERNMENT LOT 2 AND THE END OF THIS LINE DESCRlPTION; THE PARCEL DESCRlBED ABOVE CONTAINS 8,276 SQUARE FEET (0.19 AC) MORE OR LESS. SUBJECT TO RlGHTS, TITLE, EASEMENTS, RESTRlCTIONS AND RESERVATIONS OF RECORD OR WHICH A IT ACH THERETO BY OPERATION OF LAW. SITUATE IN THE COUNTY OF KING, STATE OF W ASI.IINGTON. NllI. ~, 2t/Jb' A PORTION OF SEC. 25, TWP. 21 N, RGE. 3 E W.M. , " 88''l-J'38. W 2).4.27 356TH ST. S. W. N 68".l9..l4" VI .lJI. 7 N NW CORNER GOVERNMEN r LO r 2 NO 00 ...; ... .... POB .lO.O1' PARCEl A P"RCEl B St." 95 - 0004- aLA 95-0004 ~ 3i ui w ,., ~ ~ M " M ,.... CD . ... ,.... b l- ei=-- C) ",0 In 0 z ;;; '" LOT 4 I S O;,'J6'OO.W"-I.SS' KCSP 167718.l 2 N 8i'"21'S7" 'II n69' 21ST AVE S.W. <€210.l9~ _M 50 25 0 50 ... ... ~ I 99 :5:3 SCALE IN fEET ::1::1 ~~ THIS IS NOT A 88 BOUNDARY SURVEY MAP I~I Perteet Inc. 3ll2lI PtrtiM "- . smq 300 . I.obwood.. Wi lI648lI . (253) 1I114-71311 CITY OF FEDERAL WAY PARCEL EXHIBIT MAP PARCEL NO. 252103-9022 THE SMYRES PARCEL DATE: SEPTEMBER 2005 SHEET , OF 1 . . RIGHT OF \VA Y ACQlllSTlON LEGAL DESClUPTION "ORTfON OF LOT 4 KCSP 116771113 AFN 78031.30566 AN ACQUISITION OF A PORTION OF ^ PARCEL OF LAND LOCATED IN GOVERNMENT LOT I, SECTION 25. TOWNSHIP 21 NORTlI, RANGE 3 EAST, W.M., SAID PARCEL MORE PARTICULARLY DESCRIBED AS LOT 4 OF KING COUNTY SHORT PLAT NO 6771 83 RECORDED TN AUDITOR'S FILE NO 780] 130566. SAID ACQUISITION MORE PARTICULARLY DESCRIBED AS fOLLOWS: ALL TIIA T PORTION OF LOT 4 KING COUNTY SHORT PLA T NO. 6771 83 RECORDED IN AUDITOR FILE NO 78031 ]0566 LYING NORTH OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHEAST CORNER OF GOVERNMENT LOT I; THENCE SOUTH 00017'23" EAST ALONG THJ:; EAST LINE OF SAID GOVERNMENT LOT 1 A DlST ANCE OF 254.11 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE NORTHWEST HA VING A RADIUS OF 83.00 FEET TO WHICH A RADIAL LINE BEARS SOUTH 29047'55" J:;AST AND THE POINT OF BEGINNING; 11-IENCE SOUTHWESTERLY 40.68 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 28004' 4 7"; THENCE NORTH 8804] '38" WEST 159.12 FEET; THENCE SOUTH 58"28'45" WEST 7.46 FEET; THENCE NORTH 73044'22" WEST 4.32 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST HA VING A RADIUS OF 28.00 FEET; THENCE SOUTHWESTERLY 12.34 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE 25"14'33" TO THE WEST LINE OF SAID LOT 4 AND THE END OF 11-I1S LINE DESCRJPTION. THE PARCEL DESCRIBED ABOVE CONTAINS 14,143 SQUARE FEET (0.32 AC) MORE OR LESS SUBJECT TO RIGHTS, TITLE, EASEMENTS, RESTRlCTIONS AND RESERV A TIONS OF RECORD OR WHICH AITACH THERETO BY OPERATION OF LAW. SITUATE IN THECOVNTY OF KING, STATE OF WASHINGTON. }./4t}. Cl, too 5' A PORTION OF SEC. 25, TWP. 21 N, RCE. 3 E, W.M. " M"410J8- W 2.)..f.27 356m ST. s.W. N MJ~r.3". W llt_ . ~ ",,, ~t"'i NE CORNER GOVEHNMEN r LO T 1 ~ :;: ~ .lO-OI --'---- ., PAIlca . p'Rea B (f~!~~ Q OlA g.5-0004 1lUo95-000. ~ ~a .. ~... 91 '" ~ ~~ <Ii ~ ~ .. ~ <( 8 Iii :z N LOr . l(C~ 167118) -- 21ST AVE S.W. - ~ POO Ii lilt 41'.]8- 'It 159.11' .... 99 .... I S 55'28'(5" W 7.40' II 2 N 7S44'22" W 4.32' .~-,.-.'~'~-~ 40 20 0 40 I /==9 I SCALE IN FEET THIS IS NOT A BOUNDARY SURVEY MAP \, I~I Perteet Inc. ~ :ICI2S Pertiaa J.uIe . 3IdIfI 30lI . Id........ Ii llMlIlI . (253) lllI4-7I:IB CITY OF FEDERAL WAY ~.. ~ PARCEL EXHIBIT MAP ~ WONG PARCEL 62521039058 PORTION OF lOT 4 KCSP 1677183 OA TE: SEPTEMBER 2005 SHEET I OF 1 . RIGHTO.FWAY M()III'dIO~ LEGAL DESCRIPTION PORTION OF LOTS A"'- B OF BLA #95-oiH AFN 9511079006 AN ACQUISITION OF A PORTION OF A PARCEL OF LAND LOCATED fN TilE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 21 NORTH, RANGE 3 EAST, W.M. MORE PARTCULARLY DESCRlBED AS PARCEL 'A' AND PARCEL 'B' OF CITY OF FEDERAL WAY BOUNDARY LINE ADJUSTMENT NO. 95-004, RECORDED lJNDER AUDITOR'S FILE NO. 9511079006, RECORDS OF KING COUNTY, WASHINGTON; SAID ACQUISITION MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF PARCEL' A' OF SAID BOUNDARY LINE ADJUSTMENT NO. 95-0004; THENCE NORTH 00002'45" WEST ALONG THE WEST LINE OF SAID PARCEL 'A' 9.41 FEET; THENCE SOUTH 60"21'12" EAST 19.81 FEET TO THE SOUTH LINE OF SAID PARCEL 'A'; THENCE NORTH 88041 '38" WEST ALONG SAID SOUTH LINE 17.2IFEET TO THE POINT OF BEGINNING. THE PARCEL DESCRIBED ABOVE CONTAINS 81 SQUARE FEET MORE OR LESS. TOGETHER WITH: COMMENCING AT THE SOUTHWEST CORNER OF PARCEL '^' OF SAID BOUNDARY LINE ADnJSTMENT NO. 95-004; THENCE SOUTH 88041 '38" EAST ALONG THE SOUTH LINE OF SAID PARCEL 'A' AND OF PARCEL 'B' OF SAID BOUNDARY UNE ADJUSTMENT NO. 95-004 A DISTANCE OF 184.55 FEET TO THE BEGINNING OF A CURVE CONCA VE TO THE NORTHWEST HAVING A RADIUS OF 20.00 FEET AND THE POINT OF BEGINNING; THENCE NORTHEASTERLY 9.91 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 28024'04" TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF 21sT AVE. S.W. AS DEEDED TO CITY OF FEDERAL WAY IN AUDITOR FILE NO. 20010226000449; THENCE SOUTH 00017'23" EAST ALONG SAID WEST RlGHT-OF-WAY LINE 7.02 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL' B'; THENCE NORTH 88041'38" WEST ALONG THE SOUTH LINE OF SAID PARCEL 'B' 7.05 FEET TO THE POINT OF BEGINNING. THE PARCEL DESCRIBED ABOVE CONTAINS 21 SQUARE FEET MORE OR LESS. SUBJECT TO RIGHTS, TITLE, EASEMENTS, RESTRICTIONS AND RESER V A TIONS OF RECORD OR WHICH AfT ACH THERETO BY OPERATION OF LAW. SITUA IE IN THE COUNTY OF KING, ST A IE OF EXPIRES AUG. 8, 2006 WASHINGTON . 'IfI, r. 2f)()5 I Page I of 1 A PORTION OF SEC. 25, TWP. 21 N, RGE. 3 E, W.M, N 88"4I'Ja- W 23-4.27 356TH ST. S.W. N 68'~!r 3-4- 'Ii 3 '" c-'~ 0 C,) I.~ t""l "it" ", 30.01' >- <<: '" ... -< '" w (3i~~~~y Q ... PAACQ A P AfKH.. a w <> BtA 95-0004 BL" 95 -0004 "-- ~a .... Q ... m>- ..->- ~... ..-0 Q 0'" 00 ~ 0>- z..... '" i<' ........ "'0 vi ....P C'.lW ~ 8 00 .... w ~".~ Pol Ow - ~ II> ~o ~ <C 0 ln Zw 0 "--'" -t(-< z N R-20.00' ~ l-9.91' <D t.~26"24'Q-4- Q) N 88"4I'Ja" W 164.55' LOT 4 KCSP ,1677183 21ST AVE S.w, ~~ 1 N 00"02'45- W 9.41' ~1039~~ 2 S 60-:21'12- E 19.6" 3 N 68-41'36" W 17.21' 4 N 88'41'38- W 7.05' 5 S 0017'23" E 7.02' -'" 50 25 0 50 >- >- 00 -' -' I ~ I >->- iSi5 """" SCALE IN rEET ~.~ THIS IS NOT A 88 BOUNDARY SURVEY MAP I~I Perteet Inc. 3lIl!lI hrtiIw J.ue " lIodW 300 " t.dnoood.. ... ll8&ll8 " (263) 884-7138 CITY OF FEDERAL WAY PARCEL EXHIBIT MAP LOT A &' B OF BLA AFN 9511079006 PARCEL 1252103-9011 DATE: NOVEMBER 2005 SHEET 1 OF 1 Rlqrr OF WAY ACQlJISTlON LEGAL DESCRIPTION PORTION OF NE 1. NE II. S2S-T2IN-RJE PARCEL NO. 2521039050 AN ACQUISITION OF A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 21 NORHI, RANGE; EAST, W.M. SAID PARCEL MOIU'. PARTICULARLY DESCRIBED AS THE SOUTH t950 FEET OF THE WEST J no FEET OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 21 NORTH, RANGE 3 EAST, W.M., RECORDS OF KING COUNTY, WASHINGTON; EXCEPT THE SOUTH 30 FEET AND THE WEST 30 FEET FOR COUNTY ROAD; AND EXCEPT THOSE PORTIONS CONVEYED TO KING COUNTY BY DEEDS RECORDED UNDER RECORDING NO. 7307030096 AND 89042803 I 3. SAID ACQUISITION MORE P ARTICULAL Y DESCRlBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER; HIBNCE SOUTH 88039'34" EAST ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTIlEAST QUARTER OF TIlE NORTHEAST QUARTER A DISTANCE OF 63.70 FEET; THENCE NORTH 1020'26" WEST 42.00 FEET TO THE NORTH RlGHT-OF-W A Y MARGIN OF S.W. 356TH ST. AND THE POINT OF BEGINNING; THENCE CONTINUING ALONG THE SAID NORTH RIGHT-OF-WAY MARGIN NORTH 88039'34" WEST 8.45 FEET TO THE BEGINNfNG OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 40.00 FEET TO WHICH A RADIAL LINE BEARS SOUTH t9032'08" WEST; THENCE NORTHWESTERLY 21.79 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 31ot2'30"; THENCE LEA VlNG SAID RIGHT-OF-WAY MARGIN SOUTH 88039' 34" EAST 26.33 FEET; THENCE SOUTH 1020'26" WEST I I .97 FEET TO THE POINT OF BEGINNING; THE PARCEL DESCRIBED ABOVE CONTAINS 229 SQUARE FEET MORE OR LESS. SUBJECT TO RIGHTS, 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 EC. 25, TWP 21 N, RCE. 3 E, W.M. -". --~",'~.'~--~. S 88-39'3.- [ IH.06' ;., 0 ..; ~ 3: ~1039~ ~ '" . 0 -3i~ z iii. S 88'39'34. E 26.33' 0 1 ~~ 2 S 1"20'26" W 11_97' JO 3 N 88'39'34" W 8.45' In!s N Z 2' OEEDED TO KC fOR ROAO AfN 8904280313 10' OCEOEO TO KC FOR ROAD. AFN 7307030096 --. 0 .., 356TH ST. S.W. N &rJ9'Ji' W 331. '" NW CORNm GOVERNMENT LOT 2 50 25 0 50 ",0 ~ I ~ -N .., ... .., SCALE IN FEET 30_0" THIS IS NOT A BOUNDARY SURVEY MAP I~I Perteet Inc. 3e2$ ....- W1e' 9alle 300 . ~ Wi lllW08 . (263) 1184-11:18 CITY OF FEDERAL WAY PARCEL EXHIBIT MAP PARCEL NO. 252103-9050 TWIN SHIN, INC PARCEL DATE: NOVEMBER 2005 SHEET 1 OF 1