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ORD 10-646ORDINANCE NO. 10-646 AN ORDINANCE of the City of Federal Way, Washington, relating to the relinquishment to the State of Washington a portion of South 320 Street located between 32" Avenue South and the South King Fire and Rescue Station 64 located at 3720 South 320 Street. WHEREAS, the portion of South 320�' Street located between 32 Avenue South and the South King Fire and Rescue Station 64 is no longer needed for public road purposes; and WHEREAS, per the deed to King County from the State of Washington Recording Number 8107060253 states "The grantee herein, its successors and assigns, agree as condition of this conveyance that the above designated property is to be used for public road purposes and for purposes related thereto and, should any portion of those parts of said property that were acquired by the State of Washington for a consideration derived for the state motor vehicle fund be no longer used for public road purposes or such related purpose, all rights in and to such a portion herein conveyed shall become null and void and title to said portion shall immediately revert to and revest in the grantor herein."; and WHEREAS, the portion of 320�' Street located between 32 Avenue South and the South King Fire and Rescue Station 64 was acquired by the State of Washington through the state motor vehicle fund. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Relinquishment. That portion of the right-of-way of South 320th Street, located between 32nd Avenue South and the South King Fire and Rescue Station 641ocated at 3720 South r 320th Street as described in Exhibit "A" (legal description) and so depicted on Exhibit "B" (Exhibit Ordinance No.10-646 1 of 8 maps 1, 2 and 3) and Exhibit "C" (vicinity map) attached hereto is herebyrelinquished to the State of Washington. The property lying in the portion of the right-of-way described in Exhibit "A" shall be relinquished to the State of Washington per the conditions of the original deed granting the property to King County. Section 2. Recordation. Upon passage, approval and publication of this ordinance, the City Clerk is directed to cause this ordinance to be recorded with the King County Department of Records and Elections. Section 3. Severabilitv. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutionaL Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. Ordinance No.10-646 Z o.f 8 PASSED by the City Council of the City of Federal Way this 2" of March 2010. ATTEST: CITY OF FEDERAL WAY T � c� C�.� rn (� �' OR, LINDA OCHMAR /, /.�� � �� .�.� -� - /� � � • • i/ APPROVED AS TO FORM: CITY ATTORNEY, PAT CIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTNE DATE: ORDINANCE NO.: 2-9-2010 3-2-2010 3-6-2010 4-5-2010 10-646 Ordinance No.10-646 .3 of 8 EXHIBIT A RIGHTS-OF-WAY LEGAL DESCRIPTION STRIPS OF LAND IN THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M, BEING A PORTION OF TRACTS 1, 2, 3, 4 AND 5 CONVEYED TO THE STATE OF WASHINGTON FOR ROAD BY DEEDS RECORDED UNDER RECORDING NUMBERS 4998517, 4998539, 534586 AND 4998520, ALL IN MIDWAY SUBURBAN TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 38 OF PLATS, PAGE 40, RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOW S: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 10; THENCE, NORTH 02°05'03" EAST ALONG THE WEST LINE OF SAID SECTION 125.06 FEET; THENCE, SOUTH 89°44'38" EAST, 41.03 FEET TO THE NORTHWEST CORNER OF THE SOUTH 75.00 FEET OF TRACT 1 OF SAID PLAT AND POINT OF BEGINNING; THENCE, SOUTH 89°44'38" EAST ALONG THE NORTH LINE OF SAID SOUTH 75.00 FEET, 188.99 FEET TO THE NORTHEAST CORNER OF THE SOUTH 75.00 FEET OF SAID TRACT 1; THENCE, SOUTH 02°05'01" WEST ALONG THE EAST LINE OF SAID TRACT, 35.02 FEET TO THE NORTHEAST CORNER OF THE SOUTH 40.00 FEET OF SAID TRACT; THENCE, SOUTH 89°44'38" EAST ALONG THE NORTH LINE OF THE SOUTH 40.00 FEET OF TRACTS 2, 3 AND 4, A DISTANCE OF 570.15 FEET TO POINT HEREINAFTER CALLED "POINT A"; THENCE, ALONG A NON-TANGENT CURVE TO THE RIGHT, THE RADIUS POINT OF WHICH BEARS NORTH 68°13'57" WEST 43.00 FEET; THENCE SOUTHWESTERLY THROUGH A CENTRAL ANGLE OF 15°18'16", FOR AN ARC LENGTH OF 11.49 FEET; THENCE, NORTH 89°44'38" WEST ALONG THE NORTH LINE OF THE SOUTH 30.00 FEET OF TRACTS 1, 2, 3 AND 4, A DISTANCE OF 574.90 FEET; THENCE, NORTH 02°05'01" EAST ON THE WEST LINE OF THE EAST 10.00 FEET OF SAID TRACT 1, A DISTANCE OF 35.02 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH 65.00 FEET OF SAID TRACT 1; THENCE, NORTH 89°44'38" WEST ALONG SAID LINE, '178.47 FEET; THENCE, ALONG A NON-TANGENT CURVE TO THE RIGHT, THE RADIUS POINT OF WHfCH BEARS NORTH 82°33'59" EAST 38.00 FEET; THENCE NORTHERLY THROUGH A CENTRAL ANGLE OF 9°31'03", FOR AN ARC LENGTH OF 6.31 FEET THENCE, NORTH 02°05'01" EAST 3.71 FEET TO THE POINT OF BEGINNING; ALSO, COMMENCING AT SAID "POINT A; THENCE, SOUTH 89°44'38" EAST ALONG THE NORTH LINE OF THE SOUTH 40.00 FEET OF TRACTS 4 AND 5, A DISTANCE OF 66.05 FEET TO THE POINT OF BEGINNING; THENCE, CONTINUING SOUTH 89°44'38" EAST, 63.80 FEET ALONG SAID NORTH LINE TO THE EAST LINE OF THE WEST 100.00 FEET OF TRACT 5; THENCE, SOUTH 02°05'01" WEST ALONG SAID EAST LINE 20.01 FEET TO THE NORTH LINE OF THE SOUTH 20 FEET OF SAID TRACT 5; THENCE, NORTH 89°44'38" WEST ALONG SAID SOUTH LINE, 49.62 FEET; THENCE, ALONG A NON-TANGENT CURVE TO THE RIGHT, THE RADIUS POINT OF WHICH BEARS NORTH 39°51'24" EAST 43.00 FEET; THENCE NORTHWESTERLY THROUGH A CENTRAL ANGLE OF 32°37'04", AN ARC DISTANCE OF 24.48 FEET TO THE POINT OF BEGINNING. � Ordinance No.10-646 4 of 8 EXHIBIT B EXHIBIT MAP 1 RIGHT—OF—WAY VACATiON _ AVE. 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