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ORD 14-764ORDINANCE NO. 14 -764 AN ORDINANCE of the City of Federal Way, Washington, relating to vacating a portion of South 337"' Street located on the north side of S 3371" Street, west of 33rd Place S adjacent to Lot 1 of Louise's North Lake Addition 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 South 337'1' Street located on the north side of S 337th Street, west of 33rd Place S adjacent to Lot 1 of Louise's North Lake Addition plat at Federal Way; and WHEREAS, pursuant to Resolution 13 -651, the Federal Way City Council held a public hearing at its regular meeting on January 7, 2014, 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 January 7, 2014, 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 13 -651 and payment of compensation by the owners of the abutting property; and WHEREAS, Steve and Cathy Lindula, the property owners have satisfied the conditions outlined in Resolution 13 -651 and paid the City 100% of the appraised fair market value of the right- of -way to be vacated, in the amount of One Thousand Five Hundred Twenty -Eight and No/ 100 Dollars ($1,528.00); WHEREAS, Steve and Cathy Lindula, the property owners have submitted easements to the City for all utilities crossing the area to be vacated for recording; Ordinance No. 14 -764 Page I of 6 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Vacation. That portion of the right -of -way of South 337`x' Street, located on the north side of S 337"' Street, west of 33'd Place S adjacent to Lot 1 of Louise's North Lake Addition 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. Severability. 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 Ordinance No. 14 -764 Page 2 of 6 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. PASSED by the City Council of the City of Federal Way this 1 st day of April, 2014. CITY OF FEDERAL WAY FERRELL ATTEST: aw�)R M e CITY CLERK, CAROL M jmic APPROVED AS TO FORM: CITY AT NEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: 03 -11 -2014 04 -01 -2014 04 -04 -2014 05 -05 -2014 14 -764 Ordinance No. 14 -764 Page 3 of 6 :►4 11: That Patios of The Nast wdy 40 hoot R/W of S_ 337* Skeet (Wmbfttoa Aveaoej is the Na And goadu ofihe N Mma q ft of Sec iaa 21, Tawaft 21 Nosth RmSe 04 East, W_ M-, Kmg Caaoly, Wadmgkm =me Pte► docnlx d as follows: Ga®mmcing at the Soad wcd comw of Lot 1, Plat of Louim's Nodh Labe Tads, w fecaded m Voiome 40 ofPiats, P*ge 23, nxm& of Kmg Gouty Washmgk oL The Tim PbW of Depumg Thmw N 89`50'20" Z ak og the So dwdy baaoduydwect a diamm of41.76 feet, to the N i&wed Ay 30 foot R/W aasgin of 30 Plat S- (Co- RA No_ 2614- 7b mm S 35'37'20" W, aimg the cdmded Na�vresI lly- 30 foot R/W magic of 30 Puce S-, a distaooe of 1233 feet; 7bmoe S 89'A'20° W, a dobom of 3455 feet; Tbme N 0'09'40° W. a dislaooe of 10 -W feet, to the Trw Pbiot ofBeffimmgr Caatamug 382 sgmre feet moffe oc few Ordinance No. 14 -764 Page 4 of 6 EXHIBIT B NE 1/4, NE 114, Section 21, T 21 N, R 44 E, WM King County, Washington 0 20 40 SCALE: r - 20' i LOT 2 ' LOT 1 TMM POW OF h /� MOM= Norw3m 41.78' AWEA VACATED (882 3fl UL & 3371h STREET .�v"Ll4ad -`M.�a RAM SURVEYING MAPPIm3, LLC 13110 1111h Ave NE Kwmmw, WA gem ft m-- (204) 612-7633 Erf%M: Websi6e_ lot dhow jamsrlcam Ordinance No. 14 -764 Page 5 of 6 EXHIBIT C Cq ar Fe*rJ My City of S 337th Street Vicinty Map M325 M Ave S nw" ". wa. %M Federal Way Right of Way Vacation M-US-70M IJ "414% sit 312th St Sw 320111 at 5 3201PI SO SW 320th 21 A S 324th St err pkw x-, 51361h St wth St a j I r _ 1 S 337th St eve -1 -------------------------- =111A11W -rrr or This reap is intended for use Federal Way 0 0-5 1 as a graphical representation. The City Federal Way of makes N- Lidle, IONS 337TH ST no wananty as to its accuracy- You created this PDF from an application that is not licensed to print to novaPIDF painter (hnp:h4Anovw.novapdf.00m Ordinance No. 14 -764 Page 6 of 6