ORD 15-790 - Vacating Portion of S 336th Street ORDINANCE NO. #15-790
AN ORDINANCE of the City of Federal Way,Washington, relating to
vacating a portion of South 336th Street located on the south side of 13th
Avenue South, west of 13th Avenue South adjacent to Lot 1 BLA
201409159000251 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 336th Street located on the south side of South
336th Street, west of 13th Avenue South, and adjacent to Lot 1 BLA 20140915900025 in Federal
Way, Washington; and
WHEREAS, pursuant to Resolution 15-674, the Federal Way City Council held a public
hearing at its regular meeting on February 3,2015,to consider the petition for vacation as required
by Chapter 35.79 RCW and Chapter 4.20 FWRC; and
WHEREAS, following the conclusion of the public hearing on February 3, 2015, 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 15-674 and payment of compensation by the owners of the abutting property; and
WHEREAS,the property owners,Kitts Corner,LLC,have satisfied the conditions outlined in
Resolution 15-674 and paid the City 50 percent of the appraised fair market value of the right-of-way
to be vacated, in the amount of Seven Thousand Seven Hundred and No/100 Dollars($7,700.00);
and
WHEREAS,the property owners,Kitts Corner,LLC,have submitted easements to the City
for all utilities crossing the area to be vacated for recording;
Ordinance No. 15-790 Page 1 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 336th Street, located on the
south side of South 336th Street, west of 13th Avenue South, and adjacent to Lot 1 BLA
20140915900025 in Federal Way, Washington,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
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any
Ordinance No. 15-790 Page 2 of 6
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 5th day of May, 2015.
CITY OF FEDERAL WAY
Y C •, JIM FERRELL
ATTEST:
4FTNEY,CI L RK, S TEPHANIE CMC
APPROVED AS TO FORM:
jbOROGOAte,,e,
CITY A RNEY,AMY JO PEARSALL
FILED WITH THE CITY CLERK: 4/17/2015
PASSED BY THE CITY COUNCIL: 05/05/2015
PUBLISHED: 05/08/2015
EFFECTIVE DATE: 06/07/2015
ORDINANCE NO.: 15-790
Ordinance No. 15-790 Page 3 of 6
Federal Way Village,LLC
Job No.1122-006-006
September 10,2014
Exhibit A pg.2
EXHIBIT A
LEGAL DESCRIPTION FOR
RIGHT OF WAY AREA TO BE VACATED
That portion of the northeast quarter of t he northeast qua rter of Section 20,Township 21
North,Range 4 East W.M.,records of City of Federal Way,King County,Washington,lying
westerly of primary state Highway No.1 (US 99);also being a portion of the land described
in the Right of Way dedication recorded in under King County Recorder's No.
20110727000010,more particularly described as follows:
COMMENCING at the northeast corner of said Section 20;
THENCE along the north line of said section 20,N 88°45'01"W,1350.68 feet;
THENCE S 01°14'59"W 52.00 feet to a point of curvature on the southerly margin of South
336"'Street and the TRUE POINT OF BEGINNING:
THENCE southerly,33.56 feet along said margin and the arc of a non-tangent curve to the
right,having a radius of 22.00 feet,the radius point of which bears S 01°15'02"W,through
a central angle of 87°23'51";
THENCE S 88°45'01"E,60.05 feet to a point of curvature;
THENCE northerly,33.56 feet along the arc of a non-tangent curve to the right,having a
radius of 22.00 feet,the radius point of which bears S 86°08'52"E,through a central angle
of 87°23'51"to the southerly margin of South 336`h Street;
THENCE along said southerly margin,N 88045'01"W, 104.00 feet to the TRUE POINT OF
BEGINNING;
Containing 1,468 square feet,more or less.
Written by: S.F.
Checked by: Z.L
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Ordinance No. 15-790 Page 4 of 6
EXHIBIT B
TO ACCOMPANY LEGAL DESCRIPTION FOR
RIGHT OF WAY AREA TO BE VACATED
A PORTION OF SECTION 20, T. 21 N., R. 4 E. W.M.,
CITY OF FEDERAL WAY, KING COUNTY, WASHINGTON
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1
AREA TO BE
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VACATED POINT OF 1 _
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Ordinance No. 15-790 Page 5 of 6
City of EXHIBIT C
S 336th Street Vicinty Map N
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This map is intended for use as a graphical hical representation.
resentation.
Ordinance No. P 9 P P
1 Page -- of--- The City of Federal Way makes no warranty as to its accuracy.
Ordinance No. 15-790 Page 6 of 6