Ord 90-071
0072.050.002
JEH/crd
07/13/90
ORDINANCE NO.
~
AN ORDINANCE OF, THE CITY OF FEDERAL WAY,
WASHINGTON, PROVIDING FOR THE ACQUISITION OF
CERTAIN PROPERTY AND CERTAIN EASEMENTS OVER,
ALONG, UNDER AND ACROSS CERTAIN PROPERTY FOR
THE PURPOSE OF CONSTRUCTING AND INSTALLING
STREET IMPROVEMENTS ALONG A PORTION OF SOUTH
AND SOUTHWEST 356TH STREET, TOGETHER WITH ALL
NECESSARY APPURTENANCES AND RELATED WORK
NECESSARY TO MAKE A COMPLETE IMPROVEMENT IN
ACCORDANCE WITH APPLICABLE CITY STANDARDS ALL
WITHIN THE CITY OF FEDERAL WAY, PROVIDING FOR
THE CONDEMNATION, APPROPRIATION, TAKING AND
DAMAGING OF LAND OR OTHER PROPERTY NECESSARY
THEREFORE; DIRECTING THE ATTORNEY FOR THE CITY
TO PROSECUTE THE APPROPRIATE ACTION AND
PROCEEDINGS IN THE MANNER PROVIDED BY LAW FOR
SAID CONDEMNATIONS; AND AMENDING ORDINANCE NO.
90-63.
WHEREAS,
Ordinance 90-63
of the city of Federal Way
authorized the condemnation of certain property and easements for
improvements along S.W. 356th street, and
WHEREAS,
the
city
council
has
determined
that
additional property and easements not described in Ordinance 90-
63 are necessary to make a complete improvement, now, therefore,
THE
CITY
COUNCIL
OF
THE
CITY
OF
FEDERAL
WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
section 1.
The public health, safety, and necessity
and convenience demand that street improvements be constructed
and maintained within the city of Federal Way and that certain
property
and/or
easements
upon
property
be
condemned,
appropriated,
taken and damaged
for the construction of said
improvements as provided by this ordinance.
JEH022380
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COpy
section 2.
The city council of the City of Federal
Way,
after reviewing the planned improvements,
hereby declares
that the property
and/or
easements hereinafter set forth are
necessary for public use.
section 3.
The property and/or easements within the
City of Federal Way,
King county,
Washington,
which have been
designated on Exhibit A attached hereto and incorporated herein
by this reference as if set forth in full, shall be, and the same
are hereby condemned,
appropriated,
taken and damaged for the
purposes of
improving a portion of South and Southwest 356th
street,
by constructing standard curbs,
gutters and sidewalks,
bikeways,
driveways
across sidewalks,
paving the streets with
asphalt,
concrete
paving,
and
landscaping,
together with
all
necessary
appurtenances
and
related
work
to
make
a
complete
improvement in accordance with the city standards all within the
city limits, together with the right to make all necessary slopes
for cuts and fills upon adjacent lands in the reasonable original
grading and maintenance of the street together with temporary
easements to enable construction of said improvements, said land
and easements being taken,
damaged and appropriated subject to
the marking or paying of just compensation to the owners thereof
in the manner provided by law.
section
4.
The
city
Attorney
or
other
attorney
selected by the City Manager is hereby authorized and directed to
begin and prosecute the proceedings provided by law to condemn,
take and appropriate the property rights necessary to carry out
JEH022380
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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
hereby authorized to be condemned and appropriated and as to the
reservation of any right of use to the owner, provided that such
reservation does not interfere with the use of said property by
the city as provided in this ordinance.
The Attorney for the
city is further authorized to adjust the location and/or width of
any of the property and/or easements herein described in order to
minimize damages, provided that said adjustments do not interfere
with the use of said property by the city as provided in this
ordinance.
section
5.
This ordinance shall be
effective
five
(5)
days after passage and publication of an approved summary
consisting of the title to this ordinance.
PASSED by the City council of the city of Federal Way
this 11th day of JUly, 1990.
CITY OF FEDERAL WAY
ftAA - £/
MAYOR, DEBRA ERTEL
JEH022380
-3-
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED: July 20, 1990
EFFECTIVE DATE: July 25, 1990
ORDINANCE NO. 90-71
JEH022380
July 16, 1990
July 17, 1990
-4-
EXHIBIT A
- FEE TITLE
GARRY W, MARKLAND - PARCEL 51
That portion of the following described parcel of land lying Northeasterly of
a line 42 feet Southwesterly and concentric with, the centerline of Southwest
356th Street, as surveyed under King County Road Survey No. 25-21-3-7A. Said
parcel of land is described as follows:
Lot 5. Block 2, L'Origan Manor, according to the plat recorded in Volume 45 of
Plats. pages 33 and 34 in King County, Washington.
Containing an area of 2,073 sq. ft., or 0.0476 acres, MIL.
Together wi th the ri ght to make all necessary sl opes for cuts and fill s upon
the abutting property on each side of any road which is nOW, or may be const-
ructed hereafter on said property, in conformity with standard plans and spec-
ifications for highway purposes,
EASEMENT FOR SLOPES AND UTILITIES
GARRY W. MARKLAND - PARCEL 51A
The rights to construct utilities, and make slopes on said property of Owner
for cuts and fills as follows:
That portion of the following described Tract "X" lying Northeasterly Of a
line 47 feet Southwesterly of and concentric with the centerline of Southwest
356th Street as surveyed under King County Road Survey No. 2S-21-J-7A:
LESS Deed take.
Containing an area of 586 sq. ft" or 0.0134 acres, MIL.
TRACT "X":
Lot 5, Block 2, L'Origan Manor, according to the plat recorded in Volume 45 of
Plats, pages 33 and 34, In King County, Washington,