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ORD 16-816ORDINANCE NO. 16 -816 AN ORDINANCE of the City of Federal Way, Washington, providing for the acquisition of certain property for the purpose of constructing right -of -way improvements in the vicinity of 21st Avenue South (S 316th St to S 320th St), known as the 21st Ave S (S 316th St to S 320th St) Pedestrian Improvements Project; describing the public use and necessity of such property; directing staff to exhaust reasonable negotiation efforts to purchase such property; providing for the condemnation of the property; and directing the City Attorney to initiate all necessary actions and proceedings in the manner provided by law for said condemnation if attempts to purchase are not successful. WHEREAS, the 21st Ave S (S 316th St to S 320th St) Pedestrian Improvement Project ( "Project ") is a roadway project included in the City's Six Year Transportation Improvement Plan ( "TIP "); and WHEREAS, consistent with the TIP, the City has secured funding for the Project; and WHEREAS, the City must acquire all right -of -way interests and construction easements necessary for construction of the project and must justly compensate affected property owners for the property rights and interests acquired; and WHEREAS, the City prefers to acquire the necessary right -of -way interests through active negotiations with the owners of said properties, time is of the essence and the City may not be able to acquire said interests by negotiation within the time limit mandated by Project funding; and WHEREAS, there exists in the City of Federal Way certain portions of property legally described in Exhibit "A" of this ordinance that the City must acquire for project purposes; and WHEREAS, the City Council finds that said properties are critical to the Project and that it is in the public interest to have these properties for public safety and transportation needs; and WHEREAS, completion of the Project will positively address the important public safety and Ordinance No. 16 -816 Page 1 of 9 pedestrian issues by providing improved pedestrian facilities in the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Notice. Pursuant to RCW 8.12.005 and RCW 8.25.290, notice of the consideration of this ordinance was properly issued by mail on February 1, 2016 to all potentially affected property owners and published in the proper legal newspaper on February 5 and February 12, 2016. Section 2. Public Necessity. The public health, safety, necessity, and convenience demand that right -of -way improvements be constructed and maintained in the City within the vicinity of 21st Avenue S (S 316th St to S 320th St), and that certain real property, encumbrances, and/or easements upon property be acquired, condemned, appropriated, taken and/or damaged for the construction of said improvements as provided by this ordinance. Failure to construct such right -of -way improvements will result in a gap in and a lack of connectivity of the pedestrian facilities in the downtown City Center area. Section 3. Public Use. The improvements demanded by public health, safety, convenience and necessity consist of those improvements shown on the Right of Way Plans dated June 2015, by MacKay + Sposito and on file with the City of Federal Way, to wit: the construction of a sidewalk, retaining walls, street lights, street trees, and an irrigation system, together with all appurtenances and related work necessary to make a complete improvement in accordance with the project engineering plans, and other applicable City standards. Said improvements will be a part ofright -of- way owned by the City of Federal Way and open for use by the general public, and therefore the use of property, encumbrances, and /or easements condemned herein for the construction of said improvements constitutes a public use. Ordinance No. 16 -816 Page 2 of 9 Section 4. Property Acquisition Authorized. The Mayor or designee is authorized and directed to negotiate and prepare such agreements as are customary and necessary for the acquisition of the real property interests described in Exhibit "A." The Mayor or designee is further authorized to settle any condemnation litigation or enter administrative settlements (a settlement in lieu of initiating condemnation litigation) for the acquisition of the real property interests described in Exhibit "A." Such settlements shall be made only upon the recommendation of legal counsel, for amounts deemed to be a reasonable estimation of fair market value. Section 5. Condemned Property. The City Council of the City of Federal Way, after reviewing the planned improvements, hereby declares that the property, encumbrances, and/or easements located within the City of Federal Way, legally described and depicted in Exhibit "A" attached hereto and incorporated herein by this reference ( "Property "), shall be and hereby are condemned, appropriated, taken, and/or damaged for the public use and purpose in installing right -of -way improvements described in Section 2 above. The condemnation, appropriation, taking, and/or damaging of the Property includes the right to make all necessary slopes for cuts and fills upon adjacent lands in the reasonable original grading and maintenance of the right -of- way facilities, as well as temporary easements to enable construction of said improvements. Further, the condemnation, appropriation, taking and/or damaging of the Property shall be subject to paying just compensation to the owners thereof in the manner provided by law. Section 6. Condemnation Legal Action. City staff is directed to exhaust reasonable negotiation efforts to purchase such property. In the event that these negotiations are unsuccessful, the City Attorney or other attorney selected by the Mayor or designee is hereby authorized and directed to file all necessary actions and proceedings provided by law to condemn, take, damage, and Ordinance No. 16 -816 Page 3 of 9 appropriate the Property in order to carry out the provisions of this ordinance, and is further authorized in conducting said condemnation proceedings and for the purpose of minimizing damages, to stipulate as to the use of the Property and as to the reservation of any right of use to the Property owner(s), provided that such reservation does not interfere with the use of the Property by the City as provided in this ordinance. The City Attorney is further authorized to adjust the location and /or width of any of the Property and /or easements condemned or taken therein, or take other such actions, in order to minimize damages, provided that said adjustments do not interfere with the use of the Property by the City as provided in this ordinance. Section 7. Source of Funds. The entire cost of the property acquisition authorized by this ordinance, including all costs and expenses of condemnation proceedings, shall be paid out of the general fund and available grants. Section 8. 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 9. 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. 16 -816 Page 4 of 9 Section 10. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 11. 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 1st day of March, 2016. ATTEST: C ERK, STEPHANIE CO NEY, CMC APPROVED AS TO FORM: .egvIdg CITY ATTcR TEY, AMY JO PEARSALL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 16 -816 02/12/2016 03/01/2016 03/04/2016 04/03/2016 16 -816 Page 5 of 9 EXHIBIT A N N! r•r a g w win 0 = w a s 0 °' 3 z N 0 0 = N Oc 0: 0 3 S Ot .� N 0. W o a 0 a 00 13 -o. 0 al 3 0 3 r•. 0 Ordinance No. 16 -816 Page 6 of 9 EXHIBIT A LEGAL DESCRIPTION FOR THE RIGHT OF WAY ACQUISITION OF 2157 AVENUE S. (PARCEL 092104- 9297) THAT PORTION OF PARCEL B OF THE CITY OF FEDERAL WAY BOUNDARY LINE ADJUSTMENT NUMBER BLA 06- 106111 -SU RECORDED UNDER RECORDING NUMBER 2006129900009, KING COUNTY WASHINGTON, SITUATE IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 4 EAST, W. M. FOR ACQUISITION WITH THE PURPOSE OF PEDESTRIAN ACCESS AND ROAD IMPROVEMENTS LAYING EASTERLY OF THE FOLLOWING DESCRIBED LINE; COMMENCING AT THE NORTHEAST CORNER OF SAID PARCEL B; THENCE NORTH 88 °16'36" WEST A DISTANCE OF 13.00 FEET TO THE BEGINNING OF THE DESCRIBED LINE; THENCE SOUTH 1 °28'42" WEST A DISTANCE OF 31.14 FEET TO A CURVE HAVING A RADIUS OF 215.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 19 °45'08" A DISTANCE OF 74.12 FEET TO A REVERSE CURVE HAVING A RADIUS OF 155.00 FEET; THENCE SOUTHERLY ALONG SAID REVERSE CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 19 °44'39" A DISTANCE 53.41 FEET; THENCE SOUTH 1 °28'13" WEST A DISTANCE OF 329.44 FEET TO A CURVE HAVING A RADIUS OF 215.00 FEET; THENCE SOUTHERLY ALONG THE SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 13 °27'19" A DISTANCE OF 50.49 FEET TO A REVERSE CURVE HAVING A RADIUS OF 155.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 13 °27'19" A DISTANCE OF 36.40 FEET; THENCE SOUTH 1 °28'13" WEST A DISTANCE OF 1.32 FEET TO A CURVE HAVING A RADIUS OF 18.50 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 94 °15'29" A DISTANCE OF 30.43 FEET; THENCE SOUTH 5 °45'27" WEST A DISTANCE OF 12.53 FEET; THENCE SOUTH 5 °43'41" WEST A DISTANCE 3.07 FEET TO THE SOUTH • LINE OF SAID PARCEL B AND THE TERMINUS OF THE DESCRIBED LINE. Ordinance No. 16 -816 Page 7 of 9 CONTAINING 7,606 SQUARE FEET MORE OR LESS. „uuu7uenumiuuur1l1min IIIIIM IMIInnn, uuniil,nunuuuiuunnunnunlruunj u Ordinance No. 16 -816 Page 8 of 9 EXHIBIT A -1 FOR THE CITY OF FEDERAL WAY RIGHT -OF -WAY AQUISITION FEDERAL WAY, KING COl1NTY. WASHINGTON STATE BEGINNING OF THE DESCRIBED LINE LINE TABLE LINE # DIRECTION LENGTH L1 N88'16'36 "W 13.00' L2 S1'28'42 "W 31.14' L3 S1'28•13 "W 329.44' L4 S1'28'13 "W 1.32' L5 S5'45'27 "W 12.53' L6 S5'43'41 "W 3.07' CURVE TABLE CURVE # LENGTH RADIUS DELTA C1 74.12' 215.00' 19'45'08" C2 53.41' 155.00' 19'44'39" C3 50.49' 215.00' 13'27'19" C4 36.40' 155.00' 13'27'19" C5 30.43' 18.50' 94'15'29" 100 0 50 100 ME II 1 Inch = 100 ft. SOUTH LINE OF PARCEL B L2 C1 11 NE CORNER PARCEL B C2 ACQUISITION LIN TERMINUS POINT OF THE DESCRIBED LINE MacKay Igt. Sposito ENERGY PUBLIC WORKS LAND DEVELOPMENT www.mackaysposIto.com L3 C. RECORDING NO. 20061229900009 C3 C4 L4 C5 L5 16 21ST AVE SE EXISTING RIGHT OF WAY 33400 8th Avenue South, Suite 130 Federal Way, Wa. 98003 FEDERAL WAY: (254205 -8700 VANCOUVER: (360) 695 -3411 PAGE 1 OF 1 Ordinance No. 16 -816 Page 9 of 9