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Ord 91-102 ORDINANCE NO. 91-102 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, UTILIZING 1989 OPEN SPACE BOND MONIES AND PROVIDING FOR THE ACQUISITION OF CERTAIN PROPERTIES FOR THE PURPOSE OF THE ESTABLISHMENT AND CONSTRUCTION OF CITY PARKS IN THE SPRING VALLEY AREA OF THE CITY, 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 THEREFOR; DIRECTING THE CITY ATTORNEY OR HER DESIGNEE TO PROSECUTE THE APPROPRIATE ACTION AND PROCEEDINGS IN THE MANNER PROVIDED BY LAW FOR SAID CONDEMNATIONS. THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: section 1. The public health, safety, necessity, convenience and recreational needs of the citizens of the city demand that City parks be established, constructed and maintained within the city of Federal Way and that certain properties be condemned, appropriated, taken and damaged for the construction of said improvements as provided by this ordinance. section 2. The city Council of the city of Federal Way, after reviewing the planned improvements, hereby declares that the properties hereinafter set forth are necessary for public use. section 3. The properties 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, -1- COpy appropriated, taken and damaged for the purposes of establishing, constructing and maintaining city parks, together with all necessary appurtenances and related work to make a complete improvement in accordance with the city standards all within the City limits, said land being taken, damaged and appropriated subject to the making or paying of just compensation to the owners thereof in the manner provided by law, utilizing Open Space Bond Monies allocated to the City of Federal Way. Section 4. The City Attorney or her designee 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 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 properties hereby authorized to be condemned and appropriated and as to the reservation of any right of use to the owners, provided that such reservation does not interfere with the use of said properties 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 properties and/or easements herein described in order to minimize damages, provided that said adjustments do not interfere with the use of said properties by the city as provided in this ordinance. -2- 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 ~ day of June , 1991. CITY OF FEDERAL WAY ~l€~/1j ~{¥ YOR, DEBRA ERTE ATTEST: ~N'_~ C RK, MA N M. SW E, CMC A~ FORM' , ~,,¡7j CITY ATTORNEY, SAND DRISCOLL FILED WITH THE CITY CLERK: June PASSED BY THE CITY COUNCIL: June PUBLISHED: June 21, 1991 EFFECTIVE DATE: June 26, 1991 ORDINANCE NO. 91-102 12, 1991 18, 1991 91L613 -3- Exhibit A 1. Parcell. (Marie c. sterrenburg) DESCRIPTION: The Northeast quarte,' c,f the Southeast qua,'te,' of Section 2'3, Towrlship 21 Nor'th, Range 4 East, W.M., in King County, Washington; EXCEPT that portion thereof conveyed to King County for 15th Avenue South by Deeds ,'ecorded unde,' Recording Nos. 5531355 and 5459331 i AND EXCEPT the South half of said subdivision as conveyed by isntrument recorded under Recording No. 7505180433. Situate in the County of King, State of Washington. 2. Parcel 2. (Aaron L. Litowitz and Fay the H. Litowitz, Angelo J. Segale and E1drid E. Segale, and Anthony J. Segale and Patricia G. Segale) DESCRIPTION: That portion of the South half of the Nc~theast quarter of the Southeast quarter of Section 29, Township 21 N.odh, Range 4 East, W.M., in Kirlg CCOI.<nty, Washingt,)n, which lIes Westerly of 15th Avenue South and Nc~therly of South 354th Way. Situate in the County of King, State .of Washingt.on. 3. Parcel 3. (Aaron L. Litowitz and Fay the H. Litowitz) DESCR! PTION: PARCEL A: That portion of the Southeast quarter of the Southwest quarter of the Northeast quarter of Section 29, Township 21 North, Range 4 East, W.M" defined as follows: Beginning at the Southwest cc~ner; THENCE South 88e(;I' 47" East 20 feet to the True Pc,int of Beginnir,g¡ THENCE Sc,uth 88'::!31'47" East 309.22 feet; THENCE North 2~5'34" East 344.55 feet to the Southerly Margin of South 359th Street, being the point on a curve to the right having a radius of 503.14 feet, the center of which beat's North 17='40'05" East; THENCE along said cm've through a cenb'al angle of ;:.001'35" arl a"c distar,ce ùf 21.33 feet; THENCE NOt'th 7'lP 18' 20" West 31218.22 feet; THENCE Sc,uth 1211°34'38" West 447.33 feet to the True Point of Beginning. PARCEL B: The West 20 feet of that portion of the Southwest quarter of the Northeast quarter of Secti"n 29, Township 21 North, Range 4 East, W.M., in Kir,g County, Washington, described as follows: Beginning at the intersection of the East line of said subdivision with the center line 'Jf the M. E. Neal CCounty Road; THENCE Sc,uth 0014'15" East 359.15 feet, rnot'e or less, to the South line of said subdivisior'i THENCE South 89051'38" West along said SNlth line 551.05 feet; THENCE Nol,th 0"14'42" West 490.85 feet, '"N'e 01' less, to an ir,tel'section with the center line of said County Road; THENCE in an Easterly direction along said cer,tet' line 558,44 feet, \oK,,'e Ot' less, tc' Point of Beginning; EXCEPT the NN'th 30 feet the,'ee,f conveyed to King County fc',' M. E. Neal Cc'urlty Road, by Deed I'eco,'ded linde,' Rec"rd i ng No. 2515092. PARCEL C: That pc~tion of Section 29, Township 21 North, Range 4 East, W.M., in King County, Washington, described as follows: Beginning at the Northwest corner of the Northeast quarter of the Southeast quarter of said Sect i,)n 29; THENCE Sc,uth I21c'3121' 23" East a distance c,f 251. 87 feet i THENCE South 89048'28" West, a distance of 552.24 feet; THENCE North 0°14'42" West a distance of 252.48 feet; THENCE North 89c51'38" East a distance of 551.1215 feet, to the True Point of 'Beginning, PARCEL D: Beginning at the Northwest corner of the Nc~thwest Section 29, Township 21 North, Range 4 East, W.M., THENCE East along the Nodh line .:of said NC,t,thwest distance of &51.05 feet; THENCE South 0°14'42" East a distance of 2&2.72 feet; THENCE South 89°48'28" West a distance of &79.23 feet, "'COt'e c," less, to the East edge of the State Highway; THENCE Northeasterly along the East edge of said State Highway a distance of 74.75 feet, ",o,'e ':',. less, to a poiYlt whe,'e the East Edge of said Highway intel'sects the West line of said Northwest quarter of the Southeast quarter of said Section; THENCE North along said West line of the Northwest quarter of the Southeast quarter a distance of 193.8& feet, more or less, to the True Point of Beginning. quarter of the Southeast quarter of in King County, Washington; quarter of the Southeast quarter a PARCEL E: That portion of Section 29, Township 21 North, Range 4 East, W.M., in King County, Washington, described as follows: BegiYlning at a point located South Q¡J3Q1'23" East 251.87 feet f)'om the No,.thwest corne,' of the Nc,dheast quat't er of the Southeast quad el' of said Sect ion; THENCE South QlO3Q1' 23" East 261.87 feet; THENCE Scouth 89"'45' 18" West 553.43 feet ì THENCE Nodh 0014' 42" West 252.48 feet; THENCE Ncorth 89"'48'28" East &52.24 feet to the Pcoint of Beginning. PARCEL F: That pc'rtion of Sectioyo 29, Township 21 North, Range 4 East, W.M., in King County, Wash i ngton, descri bed as follows: Beginning at a point 253.57 feet South of the Northwest cc~ner of the Northwest qua,.te,' ,)f the Southeast quadet' of said Section; THENCE Nc~th 89048'28" East &52.24 feet to the West line of Parcel A, as hereinabove descI"Ì bed; THENCE South QI':'14'42" East along the West line of said Pat'cel a distance of 252.47 feet; THENCE South 89045' 15" West 782.28 feet to the East margin of the right-of-way of State Highway No.1; THENCE Northeasterly along said right-of-way margin a distance of 282.1Q1 feet, Mc~e c~ less, to ta point 26.99 feet West: oJf the Point of Beginning; THENCE East 2&.99 feet to the Point of Beginning. PARCEL G: BeginniYlg at a point on the West edge of the Ncot.thwest quat'tet' of the Southeast quarter of Section 29, Township 21 North, Range 4 East, W.M., 52&.&4 feet South of the Northwest corner thereof; THENCE Nodh 89c"'5' 15" East &53.43 feet; THENCE South Qlo14' 42" East 2&2.47 feet; THENCE South 890"42'08" West 554,&2 feet; to the West edge of ,said Nol.thwest quade" of the Southwest quarter; THENCE North 2&3.Ql8 feet to the Point of Beginning. PARCEL H: That pc~tion of Section 29, Township 21 North, Range 4 East, W.M., described as follows: Beginning at a point located South QD30'23" East 523.7', feet of the Nol'thwest CCo,'y,el' of the Nc~theast quarter of the Southeast quarter of Settion 29, Township 21 Nc~th, Range 4 East, W.M. THENCE South ø:' 30' 23" East 251. 87 feet; THENCE So,uth 89=' 42' 08" West 554.52 feet; THENCE N,)t'th 0:014'42" West 252.48 feet; THENCE North 89045' 15" East 553.43 feet to the Point of Beginning. PARCEL I: Beginning at a point on the West edge of the Northwest quarter of the Southeast quarter of Section 29, Township 2[ North, Range 4 East, W.M., 789.72 feet South of the Nm.thwest cot'ne" thereof; THENCE No,'t h 89 C'42' 08" East 554.52 feet; THENCE South 0°[4'42" East 252.48 feet; THENCE South 89~8'57" West 555.81 feet to the West edge of said Northwest quarter of the Southeast quarter; THENCE Nc~th 263.05 feet to the Point of Beginning. PARCEL J: That porti':OYI of Section 29, Township 21 Ncorth, Range 4 East, W.M., described as follows: Beginning at a po,iYlt l,:ocated South QD30'23" East 785.5[ feet of the Not'thwest co"nel' of the Northeast quarter of the Southeast quarter of Section 29, Township 21 North, Range 4 East, W.M.; THENCE So)uth ø:o30' 23" East 261. 87 feet; THENCE So"Jth 89='38' 57" West 555.81 feet; THENCE No,.th QD [4' 42" West 252.48 feet; THENCE Nc~th 89042'08" East 554.52 feet to the Point of Beginning. PARCEL K: Those portions of Section 29, Townshi 21 Nc~th, Range 4 East, W.M., described as follows: Beginning at a point lo:ocated South 0:030'23" East 1047.48 feet of the N,:orthwest COt'net' cof the Ncot'theast qual'tel' cof the Southeast quartet' of SectioYI 29, ToWYlship 21 North, Range 4 East, W.M.; THENCE S,)uth QP30' 23" East 251.85 feet; THENCE South 89='35'45" West 657.0[ feet; THENCE Not'th ø:' [4' 42" West 262.47 feet; THENCE North 89°38'57" East 555.8[ feet to the Point of Beginning. PARCEL L: BeginYoing at a poiYlt on the West edge of the Nol'thwest qua,.ter c,f the Southeast quarter of Section 29, Township 21 North, Range 4 East, W.M., 1052.80 feet South of the Northwest corner thereof; THENCE Not'th 89='38'57" East 655.8[ feet; THENCE South 00[4'42" East 252.47 feet tc, the Sc"Jth liYle of said Not'thwest quartet' of the Southeast quarter; THENCE West 557.0[ feet to the Southwest corner of said Northwest quarter of the Southeast quarter; THENCE North 263.08 feet to the Point of Beginning. Situate in the Count v nf Kinn, ~~~~þ nF U,.h'__L_-