ORD 06-540ORDINANCE NO.
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 RIGHT -OF-
WAY IMPROVEMENTS IN THE VICINITY OF SOUTH
356TH STREET AT SR99 INTERSECTION 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 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 South 356`h Street and SR99, 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 August 3, 2006, by HDR Engineering, Inc. and on file with the City of Federal Way, to
whit: the construction of South 356`h Street and SR99 Intersection Improvement to achieve a
realignment of the east leg of South 356`h with the west leg, signal replacement, illumination,
curb gutter and sidewalk on portions of the project, and modification of the drainage system,
together with all 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 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 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 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 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 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 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 this54�- day of
CITY OF FEDERAL WAY
i
ATTEST:
AURA ATHA CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED: bG
EFFECTIVE DATE: y 6e,
ORDINANCE NO.: —.S S/0
K: \ORDIN\2006 \356'h and 99 condemnation
South 356th Street at SR 99
Intersection Improvement Project
Right of Way Acquisition
EXHIBIT A
Parcel Number
Owner Name
Business Name
Sam S. Tsai (Song Sam Tsai),
Julia C. Tsai (Ming Ju Chen),
292104 -9127
Fon Lin Family Limited Partnership,
(VACANT LAND)
Teng -Shaw Wu & Shiu -Zong Wu,
Tso -Lieh Yeh & Ya -Mei Yeh,
Yu -Gam Zhou & Cai -Zia Chen
292104 -9039
Brian C. Alvis
VACANT LAND
292104 -9090
Qualebeck, LLC
VACANT BUILDINGS
292104 -9099,
9052, 9106
John F. Karl & Maurine E. Karl
Siesta Motel
292104 -9036
Clarence W. Mosier & Margaret L. Mosier
Federal Way Fuel Products
RIGHT OF WAY ACQUISITION
PARCEL 292104 -9127
That portion of the southerly 415.00 feet of the northwest quarter of the northeast quarter of
Section 29, Township 21 North, Range 4 East, Willamette Meridian, in King County,
Washington;
EXCEPT that portion lying southerly and southeasterly of the northerly line of South 356th
Street and east of the west line of Pacific Highway South (SR 99), as described in deeds
recorded under Recording No's. 669248 and 1778238, respectively;
AND EXCEPT that portion condemned for highway purposes in Superior -Court Cause No
81 -2- 05952 -0;
AND EXCEPT that portion conveyed to King County for road purposes by deeds recorded
under Recording Numbers 9104051109, 9104051110, 9104051111, 9104051112 and
9104051113, lying southeasterly of the following described line;
COMMENCING at the northeast corner of said Section 29;
THENCE along the north line of said subdivision, N 88 °32'26" W, 1581.01 feet to the
monumented centerline of Pacific Highway South (SR 99);
THENCE along said centerline, S 22 047'51" W, 963.50 feet to a monument in a steel casing,
being nail set in concrete at the centerline of said Pacific Highway South;
THENCE continuing along said centerline, S 22 048'31" W, 217.53 feet;
THENCE N 67 01129" W, 50.00 feet to the westerly margin of said Pacific Highway South
AND the TRUE POINT of BEGINNING;
THENCE S 41 010'38" W, 37.06 feet;
THENCE S 25 031'39" W, 122.74 feet;
THENCE S 22048'31" W, 33.13 feet to a point of curvature;
THENCE southerly 2.30 feet along the arc of a tangent curve to the right, having a radius of
38.00 feet, through a central angle of 03 °28'31" to a point on said westerly margin hereinafter
designated as Point A AND the terminus of this line description;
TOGETHER WITH that portion of said southerly 415.00 feet lying southerly of the following
described line:
COMMENCING at said Point A;
THENCE along said westerly margin, S 33 °35'35" W, 12.99 feet;
Page 1 of 2
THENCE continuing along said westerly margin, S 72 °29'40" W, 33.99 feet to the
TRUE POINT of BEGINNING;
THENCE N 88 032'13" W, 32.16 feet;
THENCE S 01 °27'47" W, 8.00 feet to the northerly right of way margin of South 356th
Street AND the terminus of this line description.
CONTAINING 1,968 square feet, more or less.
Written by: R.J.W.
Checked by: D.W.A.
Page 2 of 2
RIGHT OF WAY ACQUISITION
PARCEL 292104-9127
EXHIBIT MAP
STA. ;.P.*.�2 4-44.15 .,.
LT)
N = 106904.88
E = 1270955.90
STA. 'P' 62+08.98
(61.68' LT) AP
N4110'38'
STA. 'P' 60-+86.38 37.06'
(67.50' LT) AP
STA 'P' 60+53.25
SAM TSAI (67.50' LT) PT
AND
JULIA TSAI
STA. "P' 60+50.95
(67.57 LT) PC
N = 106733.60
E - 1270864.81
0
STA. 'A' 28+84.40 .1 3' co
(50+00' LT) AP. ,N22'48'31-
STA. *A' 28+84.40
(42.00' LT) AP
N = 106705.38
E - 1270792.85
328'32'
R 38
L - 2.3
-A, LNE
356th ST N 88'32'13'W 2 STA A' -
.1
S88 2'1 29+15.55
YE
800,
N0.00' 06712.55 LT) AP
NO, 47E E = 1270825.21
&
x
PACINCr"HWY S STA. 'P* 60+00
Z S 350h ST STA. -A- 30+00
(N 106660.44, E 127D907.35)
.35)
RIGHT OF WAY ACQUISITION
PARCEL 292104 -9039
That portion of a the north 360 feet of the southwest quarter of the northeast quarter of
Section 29, Township 21 North, Range 4 East, Willamette Meridian, in King County,
Washington, lying westerly of State Highway (SR 99), as established by deed recorded
under Recording No. 1775843;
EXCEPT that portion conveyed to King County for road purposes by deed recorded under
Recording No. 698901;
AND EXCEPT that portion conveyed to the State of Washington for road purposes by
deed recorded under Recording No. 8106290505;
AND EXCEPT that portion conveyed to the City of Federal Way for road purposes by
deed recorded under Recording No. 9202061409, lying northerly and easterly of the
following described line:
COMMENCING at the northeast corner of said Section 29;
THENCE along the north line of said subdivision, N 88 °32'26" W, 1581.01 feet to the
monumented centerline of Pacific Highway South (SR 99);
THENCE along said centerline, S 22047'51" W, 963.50 feet to a monument in a steel
casing, being nail set in concrete at the centerline of said Pacific Highway South;
THENCE continuing along said centerline, S 22048'31" W, 461.68 feet to the intersection
of said Pacific Highway South and South 356th Street;
THENCE continuing along said centerline, S 22 048'31" W, 214.09 feet;
THENCE N 67 011'29" W, 50.00 feet to the westerly margin of said Pacific Highway South
AND the TRUE POINT of BEGINNING;
THENCE N 01 055'07" W, 41.84 feet;
THENCE N 22 048'31" E, 12.00 feet to a point of curvature;
THENCE northerly 62.69 feet along the arc of a tangent curve to the left, having a radius
of 38.00 feet, through a central angle of 94031'41";
THENCE N 22 °48'31" E, 9.10 feet to a point of curvature;
THENCE westerly 98.33 feet along the arc of a non - tangent curve to the left, having a.
radius of 272.00 feet, the radius point of which bears S 22 010'36" W, through a central
angle of 20 042'49" to a point of tangency;
Page 1 of 2
THENCE N 88 032'13" W, 76.59 feet;
THENCE N 81041'39" W, 84.05 feet to the southerly margin of South 356 Street AND the
terminus of this line description.
CONTAINING 6,777 square feet, more or less.
Written by: R.J.W.
Checked by: D.W.A.
Page 2 of 2
RIGHT OF WAY ACQUISITION
PARCEL 292104-9039
L 26 . A' LINE
STA, 'A' 26+00m
(42.00 RT) AP
N 1 06621168
E 1270506-48
STA. 'A' 26+83.52
(52.00 FIT) AP
BRIAN ALVIS
EXHIBIT MAP
PACIFIC HWY S STA- 'P' 60+00
S 356th ST STA- "A" 30+00
(N 106660.44, E 1270907.35)
2B 88'32'13'W
"A" 28+56.32
10, (TYP) S 356th ST STA. (66.58 RT) AP
STA. 28+53.00
V (78.06• RT) PC
.W
N88-3
76-59
STA. 'A' 27+60.11J A 20-42-49'-'
(52.00- RT) AP R 272.00
L = 9&33
A = 94*31'41'
R 38.00
- lev
'31-410
.0
L = 62.69 ym
STA. -P' 58+35.91
(67.50 LT) PT
STA. 'P' S8 +23.91
(67.50' LT) AP i
STA. 'P' S7 +85.91 0
(50.00 LT) AP
N = 106482.47 co
E - 1270778.26
ji
4L
RIGHT OF WAY ACQUISITION
PARCEL 292104 -9090
That portion of the Northwest quarter of the Northeast quarter of Section 29,
Township 21 North, Range 4 East, W.M., in King County, Washington, lying South of
the South margin of South 356th Street (Libo Road Revision), as established by deed
recorded under Recording Number 3105360, and East of the East margin of Pacific
Highway South (State Road #1, SR 99), as established by deed recorded under
Recording Number 1778238.
RIGHT OF WAY ACQUISITION
PARCEL 292104 -9090
EXHIBIT MAP N
/ �
.OWL pAR$CR
ANp
r / .NAIRC DARDCp . �-
a�AteR¢� uc
• - _�,— "fie'
1
-.a .ICE
AND
ypRGARCi YOYCJ+
Tax Account No. 292104- 9090 -00
RIGHT OF WAY ACQUISITION
PARCEL 292104 -9099
PARCEL 292104 -9052
Being a portion of the following described Parcels A and C;
PARCEL A:
That portion of the southwest quarter of the northeast quarter of Section 29,
Township 21 North, Range 4 East, Willamette Meridian, in King County, Washington,
described as follows:
Beginning at the point of intersection of the easterly line of the State Highway (Pacific
Highway South, SR 99), as established by deed recorded under Recording No.
1775843, and the northerly line of said subdivision, which is N 21 °10'00" E, 1427.00
feet and N 89 °43'00" E, 53.62 feet from the center of said Section 29;
THENCE N 89 043'00" E, along said northerly line of said subdivision, a distance of
375.43 feet;
THENCE S 21 °10'00" W, parallel with the easterly line of said State Highway, 395.65
feet;
THENCE N 65 020'00" W, 350.00 feet to said easterly line of State Highway;
THENCE N 21 010'00" E, along said easterly line of said State Highway, 237.00 feet
to the POINT OF BEGINNING;
EXCEPT that portion of the above described property lying north of a line 195 feet
north of and parallel with the south line thereof;
PARCEL C:
That portion of the southwest quarter of the northeast quarter of Section 29,
Township 21 North, Range 4 East, Willamette Meridian, in King County, Washington,
described as follows:
Beginning at the point of intersection of the easterly line of the State Highway (Pacific
Highway South, SR 99), as established by deed recorded under Recording No.
1775843, and the northerly line of said subdivision, which is N 21 °10'00" E, 1427.00
feet and N 89 043'00" E, 53.62 feet from the center of said Section 29;
THENCE N 89 043'00" E, along said northerly line of said subdivision, a distance of
375.43 feet;
THENCE S 21 010'00" W, parallel with the easterly line of said State Highway, 395.65
feet;
THENCE N 65 020'00" W, 350.00 feet to said easterly line of State Highway;
Page 1 of 2
THENCE N 21010'00" E, along said easterly line of said State Highway, 237.00 feet
to the POINT OF BEGINNING;
EXCEPT that portion of the above described property lying south of a line 195 feet
north of and parallel with the south line thereof;
DESCRIPTION OF RIGHT OF WAY
Being that portion of the above described properties lying northerly and westerly of the
following described line:
COMMENCING at the northeast corner of said Section 29;
THENCE along the north line of said Section 29, N 88 °32'26" W, 1581.01 feet to the
monumented centerline of Pacific Highway South (SR 99);
THENCE along said centerline, S 22 047'51" W, 963.50 feet to a monument in a steel casing,
being nail set in concrete at the centerline of said Pacific Highway South;
THENCE continuing along said centerline, S 22 °48'31" W, 461.68 feet to the intersection of
said Pacific Highway South and South 356th Street;
THENCE continuing along said centerline, S 22 °48'31" W, 142.79 feet;
THENCE S 67 011'29" E, 50.00 feet to the easterly margin of said Pacific Highway South
AND the TRUE POINT of BEGINNING;
THENCE N 47 032'10" E, 41.84 feet;
THENCE N 22 °48'31" E, 51.54 feet to a point of curvature;
THENCE northeasterly 45.53 feet along the arc of a tangent curve to the right, having a
radius of 38.00 feet, through a central angle of 68 039'16 ";
THENCE S 88 032'13" E, 160.47 feet to a point of curvature;
THENCE easterly 194.56 feet along the arc of a tangent curve to the left, having a radius of
370.00 feet, through a central angle of 30 007'41" to the north line of said southwest quarter
and the terminus of this described line.
CONTAINING 17,798 square feet, more or less.
Written by: R.J.W.
Checked by: D.W.A.
Page 2 of 2
RIGHT OF WAY ACQUISITION
PARCEL 292104-9099
PARCEL 292104-9052
EXHIBIT MAP
PACIFIC HWY S STA. "P" 60+00
S S 356th ST STA. "A' 30+00
�
(N 106660.44. E 1270907.35)
JPTJLI 1 0 1 'A' LINE
STA. 'A' 30+7&88
(50.1)0' RT) PT
N88'32 3
'YW
110,47
R 38.00
45.53
P. ,g+."5
\7�S�TA. -r - 59+46.75
(67.50 RT) PC
STA. "P" 58+95.21
(67.50- RT) AP
STA. 'P' 58+57.21
(50.00- FIT) AP
N = 106509.43
E = 127089&08
PARCEL A
( 2921049052 )
JOHN KARL
AND
MAURINE KARL
N prd N
STA. 'A' 32+39.35
(50.00- RT) PC
PARCEL C
JOHN KARL
AND
MAURINE KARL
STA. "A" 34+0
(50.00- RT) AP
6 = 30'07'41-
R = 370.00
L 194.��i
PARCEL 8
JOHN KARL
AND
MAURINE KARL
0
co
ev
RIGHT OF WAY ACQUISITION
PARCEL 292104-9099
PARCEL 292104-9052
EXHIBIT MAP
PACIFIC HWY S STA. "P" 60+00
S S 356th ST STA. "A' 30+00
�
(N 106660.44. E 1270907.35)
JPTJLI 1 0 1 'A' LINE
STA. 'A' 30+7&88
(50.1)0' RT) PT
N88'32 3
'YW
110,47
R 38.00
45.53
P. ,g+."5
\7�S�TA. -r - 59+46.75
(67.50 RT) PC
STA. "P" 58+95.21
(67.50- RT) AP
STA. 'P' 58+57.21
(50.00- FIT) AP
N = 106509.43
E = 127089&08
PARCEL A
( 2921049052 )
JOHN KARL
AND
MAURINE KARL
N prd N
STA. 'A' 32+39.35
(50.00- RT) PC
PARCEL C
JOHN KARL
AND
MAURINE KARL
STA. "A" 34+0
(50.00- RT) AP
6 = 30'07'41-
R = 370.00
L 194.��i
PARCEL 8
JOHN KARL
AND
MAURINE KARL
RIGHT OF WAY ACQUISITION
PARCEL 292104 -9036
That portion of a the west half of the northeast quarter of the northeast quarter of Section 29,
Township 21 North, Range 4 East, Willamette Meridian, in King County, Washington, lying
south of John Libo County Road as conveyed to King County by deed recorded under
Recording No. 669248;
EXCEPT that portion conveyed to King County for road purposes by deed recorded under
Recording No. 3105361, lying northerly and easterly of the following described line:
COMMENCING at the northeast corner of said Section 29;
THENCE along the north line of said subdivision, N 88 032'26" W, 1581.01 feet to the
monumented centerline of Pacific Highway South (SR 99);
THENCE along said centerline, S 22 047'51" W, 963.50 feet to a monument in a steel casing,
being nail set in concrete at the centerline of said Pacific Highway South (SR 99);
THENCE continuing along said centerline, S 22 °48'31" W, 461.68 feet to the intersection of
said Pacific Highway South and South 356th Street;
THENCE S 88 032'13" E, 239.35 feet to a point of curvature;
THENCE easterly 289.81 feet along the arc of a tangent curve to the left, having a radius of
320.00 feet, through a central angle of 51 053'26';
THENCE N 39 034'21" E, 233.80 feet to a point of curvature;
THENCE easterly 193.21 feet along. the arc of a tangent curve to the right, having a radius of
320.00 feet, through a central angle of 34 035'37" to the west line of said west half of the
northeast quarter of the northeast quarter AND the TRUE POINT of BEGINNING.;
THENCE along said west line, S 01 °30'15" W, 52.86 feet to a point of curvature;
THENCE easterly 261.53 feet along the arc of a non - tangent curve to the right, having a radius
of 270.00 feet, the radius point of which bears S 19 010'43" E, through a central angle of
55 029'56" to a point of tangency;
THENCE S 53 040'47" E, 172.60 feet;
THENCE N 36 019'13" E, 20.00 feet to the southerly margin of South 356th Street AND the
terminus of this line description.
CONTAINING 20,135 square feet, more or less.
Written by: R.J.W.
Checked by: D.W.A.
RIGHT OF WAY ACQUISITION
PARCEL 292104 -9036
N
EXHIBIT MAP
2921049036
CLARENCE MOSIER
AND
MARGARET MOSIER
4 = 69.44' 21"
R = 256.48
STA. "A" 40 +86.50
L = 312.18
(10.99 LT PT
...�
"A"
�A"
STA. 42 +47.45 PT
UNE y.
- =
S 356th ST \
STA. A 42 +47.45
(50.00 RT) PT
STA. 'A' 39 +37.86
\
u
Jop,�, 'A'
(50.00' RT) PC
STA. 44+20.05
9 (30.00' RT) AP
N - 10687&15
E = 1272107.89
55'25'54'
i
R =. 270.00
I
L = 261.22
s
j
STA. "A" 44
+20.05
f(50.00'
RT)
AP `\
2921049036
CLARENCE MOSIER
AND
MARGARET MOSIER