Ord 93-176
ORDINANCE NO.
93-176
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, REPEALING PREVIOUS
ORDINANCE 91-102, WHICH HAD PROVIDED FOR THE
UTILIZATION OF 1989 OPEN SPACE BOND MONIES AND
PROVIDING FOR THE ACQUISITION OF CERTAIN PROPERTIES
FOR THE PURPOSE OF ESTABLISHMENT AND CONSTRUCTION
OF CITY PARKS IN THE SPRING VALLEY AREA OF THE
CITY, AND WHICH HAD PROVIDED FOR THE CONDEMNATION,
APPROPRIATION, TAKING AND DAMAGING OF LAND OR OTHER
PROPERTY NECESSARY THEREFORE, AND WHICH HAD
DIRECTED THE CITY ATTORNEY OR HER DESIGNEE TO
PROSECUTE THE APPROPRIATE ACTION AND PROCEEDINGS IN
THE MATTER PROVIDED BY LAW FOR SAID CONDEMNATION,
AND DECLARING AN EMERGENCY SUFFICIENT TO SUPPORT
IMMEDIATE EFFECTIVENESS OF THE ORDINANCE (REPEALS
ORDINANCE 9l-102).
WHEREAS, on June 18, 1991, the City Council of the City
of Federal Way, Washington, had previously found that the
public
health,
safety,
necessity,
convenience,
and
recreational needs of the citizen of the city demanded that
city parks be established, constructed, and maintained within
the city of Federal Way and that certain properties be
condemned, appropriated, taken in damage for the construction
of said improvements; and
WHEREAS, the city Council of the City of Federal Way had
previously designated the properties within the city of
Federal Way,
King County,
Washington,
which
are legally
described in Exhibit A attached hereto and incorporated by
this reference,
to be condemned,
appropriated,
taken
in
Ord. # 93-176
, p. 1
COpy
damage, for the purposes of establishing, constructing, and
maintaining city parks; and
WHEREAS, the City Attorney had previously been 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 Ordinance 91-102; and
WHEREAS, the condemnation action was to be funded by the
1989 Open Space Bond Monies; and
WHEREAS, the city Council of the City of Federal Way,
Washington, has recently determined that the 1989 Open Space
Bond Monies would be better served by the acquisition of
properties other than the Spring Valley parcels; and
WHEREAS, the city council of the City of Federal Way,
Washington,
has determined to decline to use its
lawful
condemnation authority to acquire the Spring Valley properties
for open space purposes; now, therefore,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DO HEREBY ORDAIN AS FOLLOWS:
section 1.
Repealer.
Ordinance 91-102 of the City
Council of the city of Federal Way, Washington,
is hereby
repealed; which hereby repeals the intent of the City of
Federal Way to condemn, appropriate, take, or damage for the
purpose of establishing, constructing, and maintaining city
parks,
the
property
commonly
known
as
Spring
Valley
properties, as legally described in Exhibit A attached hereto
and incorporated by this reference.
Ord. #
93-176 , p. 2
section 2.
The city council finds that an emergency
exists
sufficient
to
warrant
immediate
passage
of
this
ordinance based upon the immediate need to clarify the City's
intention for use of the 1989 Open Space Bond monies, and
based upon the need to communicate to the Spring Valley
property owners the City's decision to decline to condemn
those lands.
section 3.
Ratification.
Any act consistent with the
authority and prior to the effective date of this ordinance is
hereby ratified and affirmed.
section
4.
Severabilitv.
The provisions
of
this
ordinance are declared separate and severable, invalidity of
any
clause,
sentence,
paragraph,
subdivision,
section
or
portion of this ordinance or the invalidity of the application
thereof to any person or circumstances shall not .affect the
validity of the remainder of the ordinance, or the validity of
its application to other persons or circumstances.
section 5.
Effective Date.
This ordinance shall be
effective immediately upon passage, based upon the rationale
stated in Section 2 above.
PASSED by the city council of the City of Federal Way
this
18th
day of
Kay
, 1993.
CITY OF FEDERAL WAY
~c¿~
MAYOR, ROBERT STEAD
Ord. # 91-176
, p. 3
ATTEST:
~:'~, eM'
\APPRO~
errr ATTORNEY, CAROLYN A.
LAKE
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED: May 22, 1993
EFFECTIVE DATE: May l8, 1993
ORDINANCE NO. 9~-176
Kay 12,1993
Kay 18, 1993
I:\LAIKATllLEERIORDINIORD91102
Ord. # 93-176
, p. 4
Exhibit A
1.
Parcel l.
(Marie c. sterrenburg)
DESCRIPTION:
The Northeast quarter of the Southeast quar~er of Section 29, Township 21 Nc~th, Range
4 East, W. H., in King County, Washington;
EXCEPT that portion thereof conveyed to King County for 16th Avenue South by Deeds
,'ecorded under' Recording Nos. 5531365 and 5459331 i
AND EXCEPT the South half of said subdivision as conveyed by isntrument recorded under
Recording No. 7606180433.
Situate in the Cco'J!'\ty cof King, State of Washingtcon.
2.
Parcel 2.
(Aaron L. Litowitz and Fay the H. Litowitz,
Angelo J. Segale and Eldrid E. Segale, and
Anthony J. Segale and Patricia G. Segale)
DESCRIPTION:
That portion of the South half of the Northeast quarter of the Southeast quarter of
Section 29, T"wnship 21 No"'th, Range 4 East, W.M., in King CO:o'.tr,ty, Washingt.:.n, which
lies Westerly of 16th Avenue South and Nc~therly of South 354th Way.
Situate in the County of King, State of Washington,
Ord. # 93-176