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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