LUTC PKT 05-19-2008
City of F ederal Way
City Council
Land Use/Transportation Committee
May 19,2008
5:30 p.m.
City Hall
Council Chambers
MEETING AGENDA
1. CALL TO ORDER
2. APPROVAL OF MINUTES: May 5, 2008
3. PUBLIC COMMENT (3 minutes)
4. BUSINESS ITEMS
A. Butko Notice of Intention to Petition for Annexation
Action
Shull/I 5 min.
B. Graham Short Plat - Side Sewer Easement
Action
Miller/5 min.
5. FUTURE MEETINGS/AGENDA ITEMS
6. ADJOURN
Committee Members
Linda Kochmar, Chair
Jim Ferrell
Dini Duclos
City Staff
Cary M Roe, P.E., Assistant City Manager/Emergency Manager
Darlene LeMaster, Administrative Assistant II
253-835-2701
G:ILUTCILUTC Agendas and Summaries 2008\5-J9-08 LUTC Agenda.doc
City of Federal Way
City Council
Land Use/Transportation Committee
May 5, 2008
5:30 PM
City Hall
City Council Chambers
MEETING MINUTES
In attendance: Committee Chair Linda Kochmar, Council Member Jim Ferrrell, Committee Member Dini Duclos, Council
Member Jeanne Burbidge, Assistant City Manager/Chief Operations OfficerlEmergency Manager Cary Roe, Deputy Public
Works Director Ken Miller, City Staff Attorney Monica Buck, City Traffic Engineer Rick Perez, Associate Planner David
Lee, Planning Manager Isaac Conlen, Director of Community Development Services Greg Fewins, Engineering Plans
Reviewer Ann Dower, ICMA Fellow Scott Pingel, Community and Government Affairs Manager Linda Farmer and
Administrative Assistant II Darlene LeMaster.
1. CALL TO ORDER
Committee Chair Kochmar called the meeting to order at 5:34 PM.
2. APPROVAL OF MINUTES
The April 21, 2008 LUTC meeting minutes were approved.
Moved: Duclos Seconded: Ferrell
Passed: Unanimously, 3-0
3. PUBLIC COMMENT
There were two public comments:
Jeff Quinnell, 30050 24'h Ave SW, Federal Way - Mr. Quinnell spoke infavor of the proposed policy change
for future NTS requests.
Nancy Combs, 30441 21s' Ave SW, Federal Way - Ms. Combs is very unhappy with the development on the
beach near her home. Ms. Combs reiterated her desire for a four-way stop at 21'/ Ave SW and SW 304/h St
and her frustration with the process.
4. BUSINESS ITEMS
A. Neighborhood Traffic Safety Program Criteria Revisions
Rick Perez provided background information on this item. Committee Chair Kochmar asked with regard to
the current petition for a four way stop at the intersection of SW 304th and 21s1 Ave SW; since the petition
failed to meet the criteria, does the petition die? Mr. Perez answered "yes." Committee Member Duclos asked
how long before the same request can be petitioned for again in the future. Mr. Perez answered, based on
Council approving the Committee's recommendation for the proposed revisions, that a new petition for the
same location would not be accepted until 36 months from now, provided that there were no changes to traffic
conditions as deemed valid by the Public Works Director.
Moved: Duclos Seconded: Ferrell Passed: Unanimously, 3-0
Committee PASSED Option 1 to the May 20, 2008, City Council Consent Agenda for approval, as amended
to include the exceptions to the policy as discussed in the staff memorandum.
B. Sterling Woods Final Plat
David Lee provided background information on this item. There was no discussion.
Moved: Duclos Seconded: Ferrell
Linda Kochmar recused herself.
Passed: Unanimously, 2-0
G:\LUTClLUTC Agendas and Summaries 2008\5-05-08 Minutes doc
Land Use/Transportation Committee
Page 2
February 25,2008
Committee PASSED moving the Sterling Woods Final Plat Resolution to the May 20, 2008, City Council
Consent Agenda for approval.
C. Emergency Generator Supply contract - Bid Award
Ken Miller provided background information on this item. Committee Member asked if the generator would
power a portion or the entirety of the facility. Mr. Miller answered that this generator is big enough to supply
power to the entire facility. Committee Chair Kochmar asked for how long this generator could sustain power to
the facility. Mr. Miller responded that the generator's fuel tank has been sized for 72 hours (approx. 3,000 gal.
fuel tank). The Community Center has been planned to be used as an emergency shelter if need ever arises.
Committee Member Duclos asked about the City's emergency supplies. ACM Roe commented that the City has
acquired ample Red Cross supplies that are stored in two accessible locations within the City. Committee Member
Ferrell asked about the fuel we have on hand. ACM Roe answered that we have 72 hours worth of fuel for the
emergency generator at the community center, the evidence building and City Hall. The City also has a priority
contract for fuel with two vendors for additional fuel. Between the City and its partnering agencies of the
GFWEOC, all supplies and fuel are sufficient.
Moved: Ferrell Seconded: Duclos Passed: Unanimously, 3-0
Committee PASSED Option 1 to the May 20, 2008, City Council Consent Agenda for approval.
D. Citizen Survey
Linda Farmer provided background information on this item. In reference to the jail question, Committee Member
Duclos stated that she thought the question should be reworded to whether or not respondents would support a jail
either within or outside of the City. Ms. Farmer stated that certain questions could be modified and/or that Council
may choose to add a question or two. Committee Chair Kochmar asked Ms. Farmer for the desired outcome of the
survey. Ms. Farmer hopes the survey will show residents' satisfaction with various City services, satisfaction with
Federal Way as a place to live, the amenities Federal Way has to offer, the rate of growth within the city, police
services and a sense of a safe environment within the city.
Committee Member Duclos is very much in favor of seeing this survey go out and hearing from our citizens; but,
the last page of the survey contains personal questions. What is the purpose of these questions? Ms. Farmer stated
that these questions are standard demographic questions. They allow for cross-referencing answers in the front of
the survey with various demographics and being able to determine if there is any correlation of demographics to
various answers. These correlations would be helpful in making positive changes in the community.
Council Member Burbidge commented on the length of the survey. There were some conflicting opinions among
those Council Members present as to which was preferred and would make for larger number of respondents; a
longer or shorter survey. In opposition of shortening the survey and not asking questions regarding outside
services, Council Member Burbidge feels that it is our responsibility as a City to see that certain services occur for
the health and welfare of our citizens, regardless of where these services originate.
There was much discussion on the voting question (page 5, question 15). It was suggested the question be
modified to not invade a person's privacy.
Overall, the way the survey is presented and the survey's methodology is very important. The City does not want
citizens to feel their sense of privacy has been invaded. It is hoped that the survey will yield the best response
possible from our citizens. This topic is being presented to all Council committees prior to being presented to
Council. Feedback from each committee will be compiled and the survey will incorporate these revisions prior to
Council presentation.
There was no recommendation made on this item by the committee as this item was presented as
information only.
5. FUTURE MEETING
The next regularly scheduled LUTC meeting will be held May 19,2008 at 5:30 PM.
6. ADJOURN
The meeting adjourned at 6:20 PM.
G:ILUTCILUTC Agendas and Summaries 2008\5-05.08 Minutes.doc
COUNCIL MEETING DATE: June 3, 2008
ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Butko Notice of Intention to Petition for Annexation
POLICY QUESTION: Should the City Council accept the Notice of Intention to Petition for Annexation filed by Mr. Richard
Butka on April 7, 2008, and shall the city require the assumption of a proportionate share of existing city indebtedness?
COMMITTEE: LUTC
MEETING DATE: May 19,2008
CATEGORY:
~ Consent D Ordinance D Public Hearing
D City Council Business D Resolution D Other: Information Only
STAFF REpORT By: Senior Planner Janet Shull, AICP DEPT: Community Development
Background: On April 7, 2008, the city received a Notice of Intention to Petition for Annexation from Mr. Richard Butko. Per
state law (RCW 35A.14.120), the City Council is to set a date no later than 60 days after filing of the notice to meet with the
initiating parties and take action as outlined in the attached staff report. Planning Division staffwill give a brief presentation on
this topic followed by committee discussion and recommendation to the full Council.
Attachment: May 13,2008, Staff Report to LUTC, including all exhibits.
Options Considered: 1) Recommend that the Notice ofIntention to Petition for Annexation be accepted by the City Council;
2) Recommend that the Notice ofIntention to Petition for Annexation be accepted with a modified geographic boundary; or 3)
Recommend that the Notice ofIntention to Petition for Annexation not be accepted by the City Council; and 4) Decide whether
or not to require the assumption of proportionate share of existing city indebtedness.
STAFF RECOMMENDATION: Staff recommends Option No.2, that the City Council accept the Notice ofIntention to Petition
for Annexation with a modified geographic boundary; and per Option No.4, that the annexed area be required to assume a
proportionate share of city indebtedness.
to Council
DIRECTOR ApPROVAL: ~
to Committee
To Council
CITY MANAGER APPROVAL:
~
to Committee
COMMITTEE RECOMMENDATION: Forward the recommendation of Option No.
Consent Agenda for approval.
to the June 3, 2008, City Council
Jim Ferrell, Member
Linda Kochmar, Chair
Dini Duclos, Member
PROPOSED COUNCIL MOTION: I move that the City Council accept the Notice of Intention to Petition for Annexation
filed by Mr. Richard Butka on April 7, 2008, with a modification to the geographic boundary as proposed by staff, and that
the area to be annexed be required to assume a proportionate share of existing city indebtedness.
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o T ABLEDIDEFERRED/NO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
Doc ID 45307
File #08-J01650-00-AX
~
CITY OF II' -:::;'
Federal Way
CITY COUNCIL COMMITTEE STAFF REPORT
VIA:
FROM:
May 13, 2008
Linda Kochmar, Chair
Members ofthe Land Use/Transportation Committee (LUTC)
Cary Roe, Assistant City Manager I/'r.J.tA..
Greg Fewins, CDS Directo~
Isaac Conlen, Planning Manager ~
Janet Shull, AICP, Senior Planner
DATE:
To:
SUBJECT:
Notice of Intention to Petition for Annexation for Butko Property
MEETING DATE: May 19,2008
I. POLICY QUESTION
The policy question consists of two-parts as follows:
I. Should the .City Council accept, reject, or geographically modify the Notice ofIntention
to Petition for Annexation received on April 7, 2008, for the Butko property?; and
2. Should the City Council require the assumption of all or any portion ofthe existing city
indebtedness by the area to be annexed?
II. BACKGROUND
On April 7, 2008, the city received a Notice of Intention to Petition for Annexation (Exhibit A)
from Mr. Richard Butko ofButko Construction, Inc. The subject pro;erty is a 2.61 acre parcel
(King County Tax ID No. 551560-0055) located north of South 320 Street and east ofI-5. The
subject property is located within the City of Federal Way's designated Potential Annexation
Area (P AA). The western parcel boundary is directly adjacent to the current city limits. The
parcel is surrounded to the north, south, and east by unincorporated King County (Exhibit B).
III. 8T AFF ANALYSIS
1. Description of Proposed Annexation Area and Staff Recommended Annexation Area
Boundary
The proposed annexation area is a single 2.61 acre parcel (Butko property) indicated on
Exhibit B.
Staff from the Planning Division; Public Works, Management Services, and Police
Departments; and South King Fire and Rescue reviewed the Notice ofIntention to Petition
for Annexation and its subject property within the context of:
. The city's designated PAA;
. Current city limits;
. Right-of-way in the vicinity of the proposal; and
. Existing land use.
Based on this review, staff is recommending that the boundary be modified to take in seven
additional parcels located between the Butko property and the intersection of South 320th
Street and Military Road, along with the South 320th Street right-of way. This modification
would result in contiguous and regular boundaries as well as inclusion of a portion South
320th Street within the annexation boundaries (see Exhibit C).
2. Parcel Specific Information
a) The total area proposed for annexation is a single parcel, 2.61 acres in size (reference
number I in the table below).
b) The total area within the staff-recommended modified annexation area is 8.45 acres. The
following table lists the tax parcel numbers, parcel size, existing land use and King
County zoning:
Ref Tax Parcel Owner Size Existing Land Use Existing Zoning
No. Number (in acres) (King County)
1 5515600055 Butko 2.61 Single Family Multifamily
2 5515600040 Reebs 1.84 Vacant Multifamily
3 5515600051 Kronlund 0.46 Vacant Commercial
4 5515600052 Kronlund 0.55 Vacant Commercial
5 5515600050 Joon 0.89 Espresso Stand Commercial
6 5515600047 Kronlund 0.46 Massage and Rehab Office Commercial
7 5515600048 Kronlund 0.64 Chiropractic Office Commercial
8 5515600046 BP West 1.00 Gas Station and Commercial
Coast Convenience Store
Total: 8.45
3. Property Access
The Butko property is accessed from Military Road. Access to the modified proposed
annexation area would be from either Military Road or South 320th Street. The staff-
recommended modification to the proposed annexation boundary would result in
responsibility for a section of South 320th Street, located between the existing city limits and
the west right-of-way line of Military Road (approximately 800 feet), shifting from King
County to the city. The city's comprehensive plan anticipates widening South 320th Street
from five to seven lanes by the year 2020.
4. Existing Land Uses and Natural Features
Refer to Exhibit D for approximate locations of existing building footprints and the existing
topography and wetlands within and adjacent to the proposed annexation area. The Butko
property (parcel I) is currently utilized for residential purposes. Three of the parcels (parcels
2-4) are currently vacant. Four parcels (parcels 5-8) are currently utilized for commercial
purposes, including a gas station and convenience store on the comer (parcel 8); an espresso
stand (parcel 5); and massage, rehab, and chiropractic services (parcels 6 and 7).
According to the city's Critical Areas Map, there is an existing Category II wetland of
approximately Y2 to I acre in size located on parcel 2. There are no identified steep slopes or
City Council Committee Staff Report
Butko Notice ofIntention to Petition for Annexation
File #08. 10 1 650-OQ.AX
Meeting Date: May 19, 2008
Page 2
Doc. J.D. 45308
geologically hazardous areas within the proposed annexation area. Areas that are not
currently developed appear to contain significant vegetation cover.
5. Zoning Designations
The Butko property is currently zoned R-I8 (multifamily - 18 units per acre). One additional
parcel (parcel 2) is zoned R-I8. The remaining parcels in the proposed modified annexation
area are zoned NB (Neighborhood Business). (Refer to Exhibit E.)
The City of Federal Way has adopted similar zoning and comprehensive plan designations for
this area. Per the 2007 Comprehensive Plan Map VII-7, Federal Way zoning is RM2400
(18.2 units/acre), for the parcels currently zoned R-I8; and Neighborhood Business (BN) for
the areas currently zoned NB in King County. (Refer to Exhibit F.)
V. COUNCIL ACTION
As presented in Section I ofthis report, the City Council is required to take action on the Notice
ofIntention to Petition for Annexation by June 6, 2008. This item is currently scheduled for the
June 3, 2008, City Council meeting.
Pursuant to state law (RCW 35A.14.120), the City Council must decide whether to accept the
applicant's intention to petition for annexation and if so, under what conditions. Council members
must act on the following specific decision points at the June 3, 2008, council meeting. Staff
comments are provided.
./ Whether or not the city will accept, reject, or geographically modify the annexation
boundaries as proposed.
Annexation of the Butko property by itself would result in irregular geographic boundaries.
Should the Council accept the 10% petition, a modification of the proposed boundaries is
recommended to include seven additional parcels and a section of South 320th Street to
provide for contiguous and regular boundaries.
./ Whether the city will require the simultaneous adoption of interim or initial comprehensive
plan and zoning map designations.
Pre-annexation comprehensive plan and zoning designations have already been established
by the 2007 Federal Way Comprehensive Plan Map VII-7. Therefore, no Council action
is required on this issue.
./ Whether the city will require the assumption of all or any portion of existing city
indebtedness by the area to be annexed.
Staff recommends that annexed properties be required to assume their proportionate share
of city indebtedness. The city's total outstanding bonded indebtedness is $19,605,000 (as of
December 31, 2007, per the city's Finance Division).
VI. NEXT STEPS: ANNEXATION PROCESS OVERVIEW
If the City Council accepts the Notice ofIntention to Petition for Annexation, then the following
steps would occur assuming that the applicant pursues annexation.
City Council Committee Staff Report
Butko Notice ofIntention to Petition for Annexation
File #{)8.101650-00.AX
Meeting Date: May 19,2008
Page 3
Doc. 1.0. 45308
I. The 60% petition is prepared for the applicant to circulate for signatures in the proposed
annexation area.
2. After the signatures on the 60% petition are validated, and if the City Council wishes to
entertain the petition, a City Council public hearing on the petition is scheduled.
3. After the public hearing, staff submits the Notice of Intention to Annex, and other required
information, to the King County Boundary Review Board (BRB).
4. The city's annexation ordinance is written to become effective upon approval by the BRB,
with the effective date fixed in the ordinance.
VII. STAFF RECOMMENDATION
Staff recommends the following:
I. That the City Council accept the Notice ofIntention to Petition for Annexation with modified
boundaries to include seven additional parcels and a portion of South 320th Street as shown in
Exhibit C; and
2. That the City Council require assumption of the property's proportionate share of the city's
outstanding bonded indebtedness.
VIII. LAND USEffRANSPORTATION COMMITTEE RECOMMENDATION
Note: if the LUTC chooses either option I or 2 as outlined below, the recommendation must also
include a recommendation regarding assumption of indebtedness as outlined in Sections V and
VII, above.
The LUTC has the following options:
I. Recommend that the City Council accept the Notice of Intention to Petition for Annexation as
submitted;
2. Recommend that the City Council accept the Notice of Intention to Petition for Annexation
with modified boundaries as shown on Exhibit C;
3. Recommend that the City Council not accept the Notice of Intention to Petition for
Annexation; or
4. Forward the Notice of Intention to Petition for Annexation to the City Council without a
recommendation.
AND:
I. Require assumption of the property's proportionate share of the city's outstanding bonded
indebtedness; or
2. Not require assumption of the city's outstanding bonded indebtedness.
IX. LIST OF EXHIBITS
Exhibit A: Notice ofIntention to Petition for Annexation received on April 7, 2008, with Exhibits
Exhibit B: Annexation Petition Area Map
Exhibit C: Staff Recommended Annexation Boundary Map
Exhibit D: Natural and Built Features
Exhibit E: King County Zoning Map
Exhibit F: City of Federal Way Zoning Map
City Council Committee Staff Report
Butko Notice ofIntention to Petition for Annexation
File #08.101650-00-AX
Meeting Date: May 19, 2008
Page 4
Doc. 1.0. 45308
~
CITY OF'" -~
FederalWafjTY OF FEDERAL WAY
CDS
R E eEl V EDMENT OF COMMUNITY DEVELOPMENT SERVICES
33325 8th Avenue South
PO Box 9718
Federal WayWA 98063-9718
253-835-2607; Fax 253-835-2609
www.citvoffederalway.com
APR 0 7 2008
NOTICE OF INTENTION TO COMMENCE
ANNEXATION PROCEEDINGS
To: HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF FEDERAL WAY
33325 8TH AVENUE SOUTH, PO Box 9718, FEDERAL WAY, WASHINGTON, 98063-9718
The undersigned, who are the owners of not less than ten percent (10%) in value, according to the
assessed valuation for general taxation of property for which annexation is sought, hereby advises the City
Council of the City of Federal Way that it is the desire of the undersigned residents of the following area to
commence annexation proceedings:
The property referred to herein is outlined on the map that is marked Exhibit "A" and is described in
Exhibit "B" attached hereto.
It is requested that the City Council of the City of Federal Way set a date of not later than sixty (60)
days after the filing of this request for a meeting with the undersigned to determine:
1) Whether the City Council will accept the proposed annexation;
2) Whether the City will require the assumption of existing city indebtedness by the area to be
annexed; and
3) Whether the City Council will accept the proposed annexation on the condition that the
area proposed for annexation be zoned prior to the annexation of the proposed area.
This page is one of the group of pages containing identical text material and is intended by the signers
of this Notice of Intention to be presented and considered as one Notice of Intention, and may be filed with
other pages containing additional signatures which cumulatively may be considered as a single Notice of
Intention.
OWNER'S SIGNATURE
PRINTED NAME
ADDRESS
DATE SIGNED
2.
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Bulletin #017 - August 18, 2004
Page I of 4
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Covered Risk 18:
(Encroachrrent of Bounda
Walls or Fences) :
1 % of Policy Mount or
$2,500.00 (whichever is less)
$25,000.00
Street Address of the Land:
31815 Military Road South, Auburn, WA 98001
1. Name of Insured:
RICHARD G. BUTKO, a married person, as his separate estate
2. Your interest in the Land covered by this Policy is:
FEE SIMPLE
3. The land referred to in this Policy is described as:
Tract 11, Midway Suburban Tracts, according to the plat thereof
recorded in Volume 38 of Plats, page 40, in King County, Washington.
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APR 0 7 2008
CITY OF FEDERAL WAY
CDS
EXHIBIT A . '-g e.f IS
=
MIDWAY SUBURBAN TRACTS
, 'A \ \
VOL. 38 PG. 40
r. 71'. 'i'/
Company of Washington. Inc.
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Order No.
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IMPORTANT: This is not a Plat of Survey. It is furnished as a I
convenience to locate the land indicated hereon with reference to I
~~~:~~~ and other land. No li~!>ility is assumed byrea~~n of reRaECEIVE~
APR 0 7 lOCB :
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CITY OF FEDERAL WAY
CDS
EXHIBIT
King County Property Description for parcel number 5515600055
ti King County
Page lof2
Assessor information for parcel number 5515600055
Taxpayer name BUTKO RICHARD G Parcel number
Tax Account number
Levy code
Jurisdiction
Present use
Appraised value
4517 NASSAU AVE NE
TACOMA WA 98422
5515600055
551560005508
Mailing address
KING COUNTY
Single Family(CII Zone)
$228,300
Address(es) at this parcel None
Legal df3scriptign..
MIDWAY SUBURBAN TRS
BUTKO Statutory
RICHARD G Warranty Deed
11-29-2007 $0 BUTKO Quit Claim Deed Property
RICHARD G Settlement
12-17-2003 $0 VI NY ARD VINYARD Quit Claim Deed Trust
HELEN L HELEN L
12-17-2003 $0 VINYARD VINYARD Quit Claim Deed Estate
HELEN LOUISE HELEN LOUISE Settlement
09-10-1986 $0 VINYARD FOOTE NEDA "160G35 Quit Claim Deed Settlement
LESTER D F
Par.cel descriptio...n.
.. . . . -.' . .. .. ..... ---~.. .. ',-. ...... .. ~. ..
Property RESIDENCE
name
Property type
C - COMMERCIAL
Plat
name
Plat block
MIDWAY SUBURBAN TRS
Water system WATER DISTRICT
Present use
Lot area
Single Family(CII Zone)
113,691 sq. ft. (2.61 acres)
Plat lot
Q-S- T-R
11
SW-10-21-4
Sewer
system
Access
Street
surface
PUBLIC
PUBLIC
PAVED
2008 T~BLE
NONE OR UNKNOWN $227,300 (land)
+ MOO (improvements)
$228,300 (total)
NONE OR UNKNOWN $227.300 (land)
+ $1.000 (illlpmvements)
$228,300 (total)
NONE OR UNKNOWN $195,700 (land)
+ $1.000 (impmvements)
.. $1~~,!~~(total)
$227.300 (land)
+ $1.000 (impmvements)
$228,300 (total)
$227,300 (land)
+ $1.000 (improvements)
$228,300 (total)
$195,700 (land)
+ $1.000 (impmvements) ·
$196,700 (total)
........ .T'W~.~'. ....... '..REG-EIV.ED.
2007 T~BLE
2006 T~BLE
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~~,. M. '. _ _.~ .~__"
- Related resources
APR 0 7 Z003
CITY OF FEDERAL WAY
CDS
http://www5 .kingcounty.govIKCGISReportslproperty Jeport _print.aspx?PIN=5515600055 4/7/2008 S~
EXHIBIT _.-h. ''i5 of _
King County Assessor: Submit <lr()qt.l~$tJ9CQrr(f<:::tinJQrm(lti9(lilJtl1i~r@pprt
King County Assessor: eRe<i1 prop~rty F{€lP9rt (PDF format requires Acrobat)
King County Assessor: Quartor Secti()nM.<:tp (PDF format requires Acrobat)
King County GIS: PrQP~liyj.nfQrm~tiQnFAQ.
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COUNCIL MEETING DATE: June 3, 2008
ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Graham Short Plat Side Sewer Easement Across City Stormwater Tract
POLICY QUESTION: Should the Assistant City Manager execute an easement for sanitary side sewer facilities
across a City stormwater tract?
COMMITTEE: Land Use and Transportation Committee
MEETING DATE: May 19,2008
CATEGORY:
IZI Consent D Ordinance D Public Hearing
D City Council Business D Resolution D Other
.~!~l!:_.~POR'!J~!:.}(el}._M!.1..1..~r, p .~:.?.._R.~p~!y' Pl!~1.!~.Y.Y.~~~R_i.~~~!~E___~.~.!.!.~~~_?t..~:._.~.~-~~_............-.-...---
Attachments: Memorandum to Land Use and Transportation Committee dated May 19,2008.
Options Considered:
I. Execute the Easement for Sanitary Side Sewer Facilities within Tract B of land owned by the City of
Federal Way for surface water facilities.
2. Do not execute the Easement for Sanitary Side Sewer Facilities and provide direction to staff.
......-.-.--....---...............-................---..................... ....---...................................---......................................-...........................................---...................--....-.......-----.............---...............................-......--....................--.--..............................
STAFF RECOMMENDATION: Staff recommends Option 1.
CITY MANAGER APPROVAL:
DIRECTOR APPROVAL"
Council
Council
COMMITTEE RECOMMENDATION:
Dini Duclos, Member
Linda Kochmar, Chair
Jim Ferrell, Member
PROPOSED COUNCIL MOTION: "1 move that the Assistant City Manager to executes an easement for a
sanitary side sewer across a portion of the Graham Short Plat. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLED/DEFERRED/NO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
TO:
VIA:
FROM:
SUBJECT:
May 19,2008
Land Use and Transportation Committee
Cary M. Roe, P.E., Assistant City Manager, C.O.O., Emergency Manager ~
Ken Miller, P.E., Deputy Public Works Director ,?-t-"
Graham Short Plat Side Sewer Easement Across City Stormwater Tract
BACKGROUND:
When the Plat of NorthIake Ridge was developed in May/June of 2004, a two-inch low pressure side sewer was
installed across a portion of Tract B by the developer and contractor to service the Graham two-lot short plat at the
owner's request. The utility easement is ten feet wide and approximately 358 square feet. Lakehaven Utility District
has an as-built plan on file for the installation of the low pressure service line to the property line of the short plat. The
plat sold to Quadrant later in 2004, and the easement was not recorded or shown on the plat for the low pressure side
sewer stub.
The owner ofthe short plat is requesting the City execute the attached easement in favor of the short plat for side sewer
service to the lots. No construction on the easement is required because the side sewer already exists; the easement
will be for future maintenance if needed.
A copy of the easement and exhibit is attached for your information. Staffis recommending that a fee of$250.00 is
charged for processing the easement plus recording fees.
cc: Project File
When Recorded Mail To:
City of Federal Way
Attn: Ken Miller, Deputy Public Works Director
33325 8th Ave S
P. O. Box 9718
Federal Way, WA 98063
EASEMENT FOR SANITARY SIDE SEWER FACILITIES
City of Federal Way, a Washington Municipal Corporation
Mark J. Springall, Janine N. Springall, and Haggai Homes, LLC, a Washington Limited
Liability Company
Property Legal Description: Complete Legal Description attached as Exhibit "A"
Assessor's Tax Parcel ID#: 618141 0990
Grantor (s):
Grantee (s):
For and in consideration of One Dollar ($1.00) and other valuable consideration, the receipt of which is hereby
acknowledged, City of Federal Way, a Washington Municipal Corporation, ("Grantor") grants, conveys and
warrants to Mark J. Springall, Janine N. Springall, and Haggai Homes, LLC, a Washington Limited Liability
Company, ("Grantees"), for the purposes hereinafter set forth a permanent easement under, across and over
certain real property (the "Property") located in Federal Way, Washington, legally described as follows:
Full legal description attached hereto as Exhibit "B", depicted on Exhibit "C", and incorporated herein
by this reference.
1. Purpose. Grantee and its agents, designees and/or assigns shall have the right, without prior notice to
Grantor, at such times as deemed necessary by Grantee, to enter upon the Property to inspect, construct,
reconstruct, operate, maintain, repair, replace, remove, excavate, and enlarge all sanitary side sewer facilities
including, but not limited to, underground facilities and/or systems upon and under the Easement, semi-buried
or ground mounted facilities, pipes, and all appurtenances thereto ("Facilities").
2. Access. Grantee shall have the right of access to the Easement over and across the Property to enable
Grantee to exercise its rights hereunder by utilizing the improved driveway on the Property or by any other
method mutually agreeable to Grantor and Grantee.
3. Obstructions; Landscaping. Grantee may from time to time remove vegetation, trees, or other obstructions
within the Easement, and may level and grade the Easement to the extent reasonably necessary to carry out the
purposes set forth in paragraph I hereof, provided, that following any such work, Grantee shall, to the extent
reasonably practicable, restore the Easement to a condition similar to its condition prior to such work.
Following the installation of the Facilities, Grantor may undertake any ordinary improvements to the
landscaping of the Easement, provided that no trees or other plants shall be placed thereon, which would be
unreasonably expensive or impractical for Grantee to remove and restore.
- I -
Parcel No. 6181410990
4. Grantor's Use of Easement. This Easement shall be exclusive to Grantee; provided, however, Grantor
reserves the right to use the Easement for any purpose not inconsistent with Grantee's rights provided: further,
that Grantor shall not construct or maintain any buildings or other structures on the Easement, that Grantor
shall not perform grading or other form of construction activity on the Property, which would alter the
functioning of the Facilities, and that Grantor shall not blast within fifteen (15) feet of the Easement.
5. Indemnification. Grantee agrees to indemnify, defend, and hold Grantor, its elected officials, officers,
employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities
(including costs and all attorney fees) to or by any and all persons or entities, including, without limitation,
their respective agents, licensees, or representatives, arising from, resulting from, or connected with this
Easement.
6. Successors and Assigns. The rights and obligations of the parties shall inure to the benefit of and be
binding upon their respective successors in interest, heirs and assigns.
DATED THIS
day of
,2008.
GRANTOR:
City of Federal Way
By:
Cary M. Roe, P. E.
Assistant City Manager/Chief Operating Officer
Emergency Manager
33325 8th Ave S
PO Box 9718
Federal Way, WA 98063-9718
ATTEST:
City Clerk, Laura Hathaway, CMC
-2-
Parcel No. 6181410990
GRANTEE:
Mark J. Springall
GRANTEE:
Janine N. Springall
Signature
Signature
STATE OF WASHINGTON
)
) ss.
)
COUNTY OF
On this day personally appeared before me, Mark J. Springall, to me known to be the individual
described in and who executed the foregoing instrument, and on oath swore that he executed the foregoing
instrument as his free and voluntary act and deed for the uses and purposes therein mentioned.
GIVEN my hand and official seal this
day of
,200_.
(typed/printed name of notary)
Notary Public in and for the State of Washington.
My commission expires
ST ATE OF WASHINGTON )
) ss.
COUNTY OF )
On this day personally appeared before me, Janine N. Springall, to me known to be the individual
described in and who executed the foregoing instrument, and on oath swore that she executed the foregoing
instrument as her free and voluntary act and deed for the uses and purposes therein mentioned.
GIVEN my hand and official seal this
day of
,200_
(typed/printed name of notary)
Notary Public in and for the State of Washington.
My commission expires
- 3 -
Parcel No. 6181410990
GRANTEE:
Haggai Homes, LLC
By:
Signature
Printed Name
Its
Title
STATE OF WASHINGTON )
) ss.
COUNTY OF )
On this day personally appeared before me to me known to be
the of Haggai Homes, LLC that executed the foregoing instrument, and
acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses
and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and
that the seal affixed, if any, is the corporate seal of said corporation.
GIVEN my hand and official seal this
day of
,200_.
(typed/printed name of notary)
Notary Public in and for the State of Washington.
My commission expires
K:\DEVELOPMENT SERVICES\NLRidge SS Esmt.doc
G:\lawfonns\easement and temp construction.swm
08/04
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Parcel No. 618141 0990
EXHIBIT A
Legal Description of Parent Parcel
Tax Parcel No. 618141-0990
Tract B of Northlake Ridge Division 2 according to the plat thereof recorded in Volume 225
of plats, pages 20 through 25, under Recording No. 20041207000341, records of King
County, Washington.
Page 6 of 8
11266.051.doc
EXHI81T "8"
PRIVATE SANITARY SEWER EASEMENT
LEGAL DESCRIPTION
The Southerly 10.00 feet of Tract 8 of the plat of Northlake Ridge Division 2, as recorded under
Recording Number 20041207000341, records of King County, Washington, lying Northerly of Lot
42 of said plat, and adjoining said Lot 42.
Containing 358 square feet, more or less.
EXPIRES
Project Name: Northlake Ridge Division 2
December 17, 2007
JMS/jms
11266L.006.psse.doc
P:\11000s\11266\suNey\plats\11266exh01sse.dwg
Page 7 of 8
EXHIBIT .C~
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