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ORD 11-702ORDINANCE NO.11-702 AN ORDINANCE of the City of Federal Way, Washington, relating to vacating a portion of Southwest 340 Street located on the south side of SW 340th Street, west of 13th Court SW adjacent to Lot 34 of Wynstone Plat at Federal Way. __ WHEREAS, a valid petition has been filed by the owners of at least two-thirds of the abutting property requesting vacation of a portion of Southwest 340 Street located on the south side of SW 340�' Street, west of 13 Court SW adjacent to Lot 34 of Wynstone Plat at Federal Way ; and WHEREAS, pursuant to Resolution 11-606, the Federal Way City Council held a public hearing at its regular meeting on July 5, 2011, to consider the petition for vacation as required by state law and Federal Way Revised Code Section 4.20; and WHEREAS, following the conclusion of the public hearing on July 5, 2011, the City Council considered the proposed vacation and its compliance with the criteria outlined in FWRC 4.20.120, and decided to grant the vacation pending satisfaction of the conditions outlined in Resolution 11- 606 and payment of compensation by the owners of the abutting property; and WHEREAS Quadrant Corporation of Washington, the project developer has satisfied the conditions outlined in Resolution 11-606 and paid the City 50% of the appraised fair market value of the right-of-way to be vacated, in the amount of Nine Thousand One Hundred Sixty-one and 50/100 Dollars ($9,161.50.00); WHEREAS Quadrant Corporation of Washington, the project developer has submitted easements to the City for all utilities crossing the area to be vacated for recording; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIl�T AS FOLLOWS: Ordinance No. 11-702 Page 1 of 6 Section 1. Vacation. That portion of the right-of-way of South 340` Street, located on the south side of SW 340`�' Street, west of 13 Court SW adjacent to Lot 34 of Wynstone Plat at Federal Way as described in Exhibit "A" (legal description) and so depicted on Exhibit "B" (exhibit map) and Exhibit "C" (vicinity map) attached hereto is hereby vacated. The property lying in the portion of the right-of-way described in Exhibit "A" shall be returned to and belong to those persons entitled to receive the property in accordance with state law. 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. Immediately following the recording of the deed, all easements required as a condition of the vacation will be recorded for those utilities crossing the vacated areas. 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. Ordinance No. 11-702 Page 2 of 6 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. PASSED by the City Council of the City of Federal Way this 20th day of September, 201 L CITY OF FEDERAL WAY ATTEST: / / _�` • � ��ir . . i CITY CLERK, CARO MCNE Y, CMC APPROVED AS TO FORM: , CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: 8-30-2011 PASSED BY THE CITY COUNCIL: 9-20-2011 PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: 9-24-2011 10-24-2011 11-702 Ordinance No. 11-702 Page 3 of 6 � . . _ � �► # q� wynsaone P�at Job No� �F 91-Q9�0�14�v014 M�roh 7, �{}11 E��11'BtT A LEC.�LL DES�RIP't10N FOR RIGHT QF �VIfAY V.�4�ClkTt�3(+I Tt�r�t ��xifw� �i' Che norlhwest qua�6er vf Sectican 19� Township 21 Nar1h, Range 4 Eas�, W.M, Cily aF Federa1111taY, King �Cau�, W�shingiEon, befn$ more particula�fy de�c�l6ed as foll�wsi E�GI NMING at m� �rc�st nonne�r eomer oi l�t 3At at ~wynsrane �at at r-ett�r�N wa�' as recorcied iM VbfU�e 25a of Plals,; PaQes A8 �rough 53y in�kslv� urder Recardktig Na. ��0872160�12� TI1Eh10E alotrg thQ rt�nheriyr eadlension of ine vres�rty line flf said kyt� nt i�D•27�47' E, 21 �2 fee� THENCE S 5�2���t• � 97A0 i�eet to an a�n�l$ polrrt on the nonherly line af se�fd lo� 1NENCE S1on� said northery line, being aaln�cident with the southerly ma►gln a�f SW �� S4�e�t as o�rneyed tio tf�e Clty d Federal VYay by that staihiutory' w�r�t5ty deed [eeord9d urrder �t�din$ Na �CK?40�1�70898, S 63"Oa'S� W, d4.�? fae� THEtV�E oor�rwing alur�g sald aammon ilne, N 36°54'OT W. 447� feat t+a a polnt of curoa�burs; TT IEN�� Cotltirluirlg �lorlg sHit! onmman tine, narthwea4erly 29.73 ieet alart8 I , � h y e y Q s � nc of µ t� cursr� ta tt�e lef� heruin$ a radlus aF 340:DU ibBt. th�ouGh a cen�ra! an9�e c� 45 a 57YJ'�� � 111� rV�IY 1 CSF BE�INhNM�. Cs�riteit�irMg 2,51 CJ a�r#ua�e te� mare or tess. Sae abactwad Fxhibit 8. +wrn�sn ay, c,�aF checbe�f Bj: a.�p. �ieaMdkriprlaern�{ohelitY11EA31�71�Idpdumenl4�e1-001.e1uc �,t ; :�s� ..,.Www��r.,,.�a.u. :�uiwotl;r�� �� ° �+s � � �`ni a ew..u.+M � �werw�FM�a�n�r �r � u�ax«i . eti�1�.+�+yr.r IN i . � . *' �/kl�(JW Y I�w � � j� o�.�rrxm rs r�.t�nn r. Ordinance No. 11-702 Page 4 of 6 �HIBIT B T4 lticC01APAI�IY �EGA� pESC�IPTIt�N A PdRTif}N OF SECTION 19, T. 21 N., 12- A E„ W.i�l.. GIN OF FEGERAL WAY, kl(vG Couh1TY, WASkINGTbCJ nr,nsysR--03 JOB MR7� 1'51-003-OTO-Dd14 bft�141NG NhM€ : SR-02 �11€ : ' 45-0?- 201 t wu►wN : €::�.F. 5HEET i QP rl Ordinance No. I1-702 Page S of 6 E�iNIE31T � 1tI�IT�IT1�' M�1P �V� �TN �T -1��1T '.� w�a�e���a�++ ►�.�,�'�"�r: r�'"'�«. �"'" .. �a� � Ordinance No. 11-702 Page 6 of 6 . . s, ii �4t5 20111102001533 CITY OF FEDERA ORD 68.00 PAGE-001 OF 007 11/02/2011 15:09 KING COUNTY, WA Please prtnt or type intormathln �ASHlIV G '1'vN STATE RECOItDER'S Cover Sheet �xcw 6s.oa> DOCUmerit Title(S� (or transactions contained therein): (all areas applicable to your document must be filled in) �. Drt�iYlO�.r�C� N�U-�b2 2. 3. 4. Reference Number(s) of Documents assigned or released: Additional reference #'s on page of document GTalltOr(S) Exactly as name(s) appear on document i . �,t �1M 0� �C r�2Y�.Q \,I�la�l , 2. , Additional names on page of document. � Gralltee(S) Exactly as name(s) appear on document i. (`�u(��.ro►x�� C�rtar���iDr� , 2. , Additional names on page of document. Legal desCription (abbreviated: i.e. lot, block, plat or section, township, range) Additional legal is on page of document. Assessor's Property Tax ParceUAccount Number ❑ Assessor Tax # not yet assigned The Auditor/Recorder will rely on the information provided on this form. The staff will not read the document to veri the accurac or com leteness of the indexin information rovided herein. "I am signing below and paying an additional $50 recording fee (as provided in RCW 36.18.010 and referred to as an emergency nonstandard document), because this document does not meet margin and formatting requirements. Furthermore, I 6ereby understand that the recording process may cover up or otherwise obscure some part of the text of the original document as a result of this request." Signature of Requesting Party Note to submitter: Do not sign above nor pay additional $50 fee if the document meets ORDINANCE NO. 11-702 AN ORDINANCE of the City of Federa( Way, Washington, relating to vacating a portion of Southwest 340� Street located on the south side of SW 340th Street, west of 13th Court SW adjacent to Lot 34 of Wynstone Plat at Federal Way. WHEREAS, a valid petition has been filed by the owners of at least two-thirds of the abutting property requesting vacation of a portion of Southwest 340 Street located on the south side of SW 340�' Street, west of 13�' Court SW adjacent to Lot 34 of Wynstone Plat at Federal Way ; and WHEREAS, pursuant to Resolution 11-606, the Federal Way City Council held a public hearing at its regular meeting on July S, 2011, to consider the petition for vacation as required by state law, and Federal Way Revised Code Section 4.20; and WHEREAS, following the conclusion of the public hearing on July 5, 2011, the City Council considered the proposed vacation and its compliance witli the crite�ia outlined in FWRC 4.20.120, and decided to grant the vacation pending satisfaction of the conditions outlined in Resolution 11- 606 and payment of compensation by the owners of the abutting property; and WHEREAS Quadrant Corporation of Washington, the project developer has satisfied the conditions outlined in Resnlution 11-606 and paid the City 50% of the appraised fair market value of the right-of-way to be vacated, in the amount of Nine Thousand One Hundred Sixty-one and 50/100 Dollars ($9,161.50.00); WHEREAS Quadrant Corporation of Washington, the project developer has submitted easements to the City for all utilities crossing the area to be vacated for recording; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIl�T AS FOLLOWS: Ordinance No. 11-702 Page 1 of 6 Section 1. Vacation. That portion of the right-of-way of South 340�" Street, located on the south side of SW 340` Street, west of 13` Court SW adjacent to Lot 34 of Wynstone Plat at Federal Way as described in Exhibit "A" (legal description) and so depicted on Exhibit "B" (exhibit map) and Exhibit "C" (vicinity map) attached hereto is hereby vacated. The property lying in the portion of the right-of-way described in Exhibit "A" shall be returned to and belong to those persons entitled to receive the property in accordance with state law. 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. Immediately following the recording of the deed, all easements required as a condition of the vacation will be recorded for those utilities crossing the vacated areas. Section 3. Severa.bilitv. Should any section, subsection, paragra.ph, 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, claus�s, 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 ordi�ance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Ordinance No. 11-702 Page 2 of 6 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) da.ys from and after its passage and pubtication, as provided by law. PASSED by the City Council of the City of Federal Way this 20th day of September, 2011. CITY OF FEDERAI. WAY ATTEST: / / ���-' • • k/ll� � � ,� CTTY CLERK, CARO MCNE Y, CMC APPROVED AS TO FORM: � , � � , ' �% ' , . . � ,_ ���: •� �� � � � � ��. • FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCII,: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: 8-30-2011 9-20-2011 9-24-2011 10-24-2011 11-702 Ordinance No. 11-702 Page 3 of 6 ::;.' "` t i� Wynsto�e P�at Job No.191-U93-010-OOt 4 March 7, 20i 1 EXHI�IT A �au. o��anc� Ff� RIGHT 4F WAY YACATION That pcx�� of the northwest quarter of Section 19� Townsh�p �1 North, Range 4 Eas� W.M, Ciiy of Federal Way, FCng Co�nty, Washington, being m�e partfct�arty described as follows: C r •� • � •� • s� •� �: �•�� ' =+�: ��• . c.• • ! � ' _ �. ' : r - � S i � • • � ' �� �� " r re •�? ► ♦ t��f �r . !�1 � - THENCE atong the ncxthedy extension of the wes�erty Nr� of s�d Ic� N t70'27'47' � 21.82 fee� TNEt+�E S 56°28`24' E, 97.40 feet to �n �ngk po�rt on �e txxtfi�r line af said Iv� TF�EIVCE along said nvrth ` erly line, being coincident �rith th� ��t+y rna�g�t ofi SW 340"' Sb�t as cc�ve�red to the City of Federaf Way by that statutory wam�y cf�d �e�corde�! under Recor�'mg Pk�. 2Q444819E)�t�8, S 53°05'53' W, 44.57 f+ee� THENCE continuing along s�id corr�mon line, N 36'54'07' W� 44.74 feet b a pc�rt. of cu�vature; THENCE ccmtinuing a�ng said common fine, no�thwesterty 2�73 �eet aton� the a� � a tangent cxanre to tt�e ieft, having a r�dius of 340.00 i��, �r�gh a cen�ed a v� 05'00'34" to the POItYT OF BEGINNttVG. Cont�ning 2,510 square fee� mcx�e or less. Sse attached Exhibit B. Wtt�tert 8y: C.�A.F CM�cked By: D.LR. � 1t ai �ito1 i.doc �`.✓ / .. e 0 ~ � F c � � e � ��'Q _ p � �3 F� O ,p rytir SCALE: 1 "=50� � � ��y v —� �'���o� EXHtBIT B TO ACCOMPANY LEGAL DESCRIPTION A PORTION OF SECTION 19, T. 21 N., R. 4 E., W.M., CITY OF FEDERAL WAY, KING COUNT(, WASHINGTON q,'�Fc p,���` o �� o� �� � B�_ 'Q,Q �,� F �� ��F co � yo �a POINT OF BEGINNING RIGMT OF WAY- TO BE VACATED 34 35 `� 3g \ � S � 33 �Yl�TOI� PLA7 A7 F'�D�RAL YYAY R�CORDII� JNc�. 2006'92�800'1288 ESM8\ENGR\ESM-JOBS\191�093\O10\EXH{BCfS�SR-02 JOB N0. 191-093-010-OOt4 ORAWING NI1titE : SR-02 QATE : ' 03-07-2a11 DRAWN : C.A.�. ShtEET t OF 1 � �f�' � � ��`''� ��-�� �40fiW �-�L4�' � Ordinance No. 11-702 Page 6 of 6