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ORD 15-790 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 tI. 0 ,Ir,'c,,,,,u,„. if„rrr,,, ,,„„ 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 I 1 AREA TO BE I --- - VACATED POINT OF 1 _ COMMENCEMENT ,I I' \ i l ------ S 336TH 5T ■ TRUE POINT I I ,.I OF BEGINNING ( �\ PARCEL E c PROPOSED LOT LINE lk \ ,... In PER FUTURE BLA \ .....---.. LOT 4 1 LOT 5 (BLA) ,- , ) PARCEL D a BLA ` O l� ) 1 Z LOT 1 (BLA) ~`°°. d EXISTING LOT LINE I PARCEL C / /fin = t ; LOT 3 li tl \\�, r%/ I (BLA) I \ESM-JOBS\1122\006\006\EXHIBITS\SR-O8DWG sBm CONSULTING ENGINEERS LLC SCALE: 1"=250' 33400 8TH AVE S I ' I " NV I JOB NO. 1122-006-006 Suite 205 Federal Way,WA 98003 tccrnu.wo xs3 oso-e , DRAWING NAME SR-08 tvr"�" I`z5)" "u" DATE 2014-09-10 www.esmcivlLcom DRAWN RFC Civil Engineering Land Surveying Land Pionning Public Work,. I Project Manogement ' Londeeope d,ohitectore Ordinance No. 15-790 Page 5 of 6 City of EXHIBIT C S 336th Street Vicinty Map N . Federal Way i Right of Way Vacation 3 in i ? i 3 t 1 t rt ik t 1 i ..,<1"-i \,,,, , i:. / V e y® {f \` 1 f J f 1. J E a • 11 li • I 1a. i 1 , I 1 CL i i %° 1 S 336TH ST f; r` / n Vacation Area (L,v._ \ 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