Ord 95-237
(
ORDINANCE NO.
95-237
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, PROVIDING FOR THE
ACQUISITION OF CERTAIN PROPERTY AND/OR CERTAIN
EASEMENTS OVER, ALONG, UNDER AND ACROSS
CERTAIN PROPERTY FOR THE PURPOSE OF
CONSTRUCTING AND INSTALLING STORMWATER
IMPROVEMENTS IN THE VICINITY OF SOUTH 336TH
STREET AND PACIFIC HIGHWAY SOUTH, 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, AND
TAKING OF REAL PROPERTY NECESSARY THEREFOR;
DIRECTING THE CITY ATTORNEY TO FILE ALL
NECESSARY ACTIONS AND PROCEEDINGS IN THE
MANNER PROVIDED BY LAW FOR SAID CONDEMNATION.
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1.
Public Necessitv.
The public health, safety,
necessity and convenience demand that stormwater 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.
The
failure
to
construct such stormwater improvements eventually would result in
the flooding of certain rights of way, including State Route 99 and
S. 336th Street, Federal Way, and flooding of certain single-family
residences.
section 2.
Condemned Procertv.
The City Council of the
city of Federal Way,
after reviewing the planned improvements,
hereby declares that the property and/or easements located within
ORD # C ~-717
, PAGE 1
cO,py
(
the city of Federal Way and legally described in Exhibit "A"
attached hereto and incorporated herein by this reference, and as
shown on the parcel map set forth in Exhibit "B" attached hereto
and incorporated herein by this reference ("Property") is hereby
condemned,
appropriated,
taken and damaged for the purposes of
installing stormwater detention facilities by constructing storm
drains, culverts, berms, spillways, outlet works and pipelines and
landscaping, together with all necessary appurtenances and related
work to make
a
complete
improvement
in
accordance with
City
standards, 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 stormwater detention facilities
together with temporary easements to enable construction of said
improvements, the Property being taken, damaged and appropriated
subject to the making or paying of just compensation to the owners
thereof in the manner provided by law.
section 4.
Condemnation Leqal Action.
The City Attorney
or other attorney selected by the city Manager is hereby authorized
and directed to file all necessary actions and proceedings provided
by law to condemn, take and 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
ORD #
95-237
, PAGE 2
(
this ordinance.
The City Attorney is further authorized to adjust
the location and/or width of any of the Property and/or easements
therein
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
5.
Severabilitv.
The
provisions
of
this
ordinance are declared separate and severable.
The invalidity of
any clause, sentence, paragraph, subdivision, section, or portion
of this ordinance or the invalidity of the application thereof to
any person or circumstance, shall not affect the validity of the
remainder of the ordinance, or the validity of its application to
other persons or circumstances.
section 6.
Ratification.
Any act consistent with the
authority and prior to the effective date of this ordinance is
hereby ratified and affirmed.
section 7.
Effective Date.
This ordinance shall take
effect and be in force five (5) days from and after its passage,
approval, and publication, as provided by law.
this
PASSED by the City Council of the city of Federal Way
I~ day of July, 1995.
CITY OF FEDERAL WAY
MA*~~
ATTEST:
2~~~~
ORD #
q<;-717
, PAGE 3
(
APPROVED AS TO FORM:
~
Y RNEY, LONDI K. LINDELL
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO. 95-237
K: \ORD [N\CONDEMF~.336
ORD # 95-237
, PAGE 4
(
7/11/95
7/18/95
7/22/95
7/27 /9'i
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LEGAL DESCRIPTION
PROPOSED EASEMENT ACQUISITIONS ON
STRANICK-JOHNSON PARCEL NO. 212104-9026
That part of Lot 4 of King County Short Plat No. 281074 according to short
plat recorded under King County Recording Number 8110300869, being a
portion of the northwest quarter of the northwest quarter of Section 21,
Township 21 North, Range 4 East, W.M., in King County, Washington.
Being described as follows:
The North 30 feet of said Lot 4
Also
The East 140 feet of said Lot 4
Also
The East 175.50 feet of the North 30 feet of Tract X of said short plat No.
281074.
EXHIBIT 'I IJ /1
..
-"
nt/721alta.doc
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LEGAL DESCRIPTION
PROPOSED EASEMENT ACQUISITIONS ON
STRANICK-JOHNSON PARCEL NO. 212104-9084
....
That part of Lot 3, King County Short Plat No. 281074, according to short
plat recorded under King County Recording Number 8110300869, being a
portion of the northwest quarter of the northwest quarter of Section 21,
Township 21 North, Range 4 East, W.M., in King County, Washington.
Being described as follows:
Beginning at the northwest comer of said Lot 3 and the TRUE POINT OF
BEGINNING;
thence south 88°15'52" west a distance of 162.06 feet;
thence south 23 °35'30" west a distance of231.61 feet to a point on a non-
tangent curve having a radius of300.00 feet;
thence along said curve to the right 32.63 feet through a central angle of
06° 13'56";
thence north 59°09' 15" west a distance of27.40 feet to the beginning ofa
curve having a radius of300.00 feet;
thence along said curve to the left 25.27 feet through a central angle of
04°49'33";
thence north 01 °44'08" east a distance of 175.99 feet to the TRUE POINT OF
BEGINNING.
II /1 /I
EXHIBIT 17 ,
-'.
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LEGAL DESCRIPTION
PROPOSED EASEMENT ACQUISITIONS ON
STRANICK-JOHNSON PARCEL NO. 212104-9067
That portion of the northwest quarter of the northwest quarter of Section 21,
Township 21 North, Range 4 East, W.M., in King County, Washington,
described as follows:
Commencing at the northwest corner of said northwest quarter of the
northwest quarter;
thence south 89°13'33" seconds east along the north line of said northwest
quarter of the northwest quarter a distance of 813.80 feet;
thence south 00° 14' 58" west a distance of 30.00 feet to the south right of way
margin of South 336th Street;
thence north 89° 13 '33" west along said south right of way margin a distance
of 100.82 feet and the TRUE POINT OF BEGINNING;
thence south 00°14'58" west a distance of 181.30 feet;
thence south 22°37' 48" west a distance of 137.29 feet;
thence north 00°14'58" east to the south right of way margin a distance of
308.73 feet;
thence south 89°13'33" east along said south right of way margin a distance
of 52.29 feet to the TRUE POINT OF BEGINNING.;
EXCEPT that portion deeded to King County for South 336th Street under
Recording Number 8609030322.
Being a portion of the following described property:
That portion of the northwest quarter of the northwest quarter of Section 21,
Township 21 North, Range 4 East, W.M., in King County, Washington,
described as follows:
Commencing at the northwest corner of said northwest quarter of the
northwest quarter;
thence south 89°13'33" east along the north line of said northwest quarter of
the northwest quarter a distance of 813.80 feet;
thence south 00°14'58" west a distance ofJO.OO feet to the south right of way
margin of South 336th Street and the TRUE POINT OF BEGINNING;
thence continuing south 00°14'58" west a distance of 670.67 feet;
thence north 89°16'45" west a distance of 153.10 feet;
thence north 00° 14'39" east a distance of 670.81 feet to the said south right of
way margin of South 336th Street;
thence south 89°13'33" east along said south right of way margin a distance
of 153.10 feet to the TRUE POINT OF BEGINNING;
EXCEPT that portion deeded to King County for South 336th Street under
Recording Number 8609030322.
EXHIBIT 'WI!
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LEGAL DESCRIPTION
PROPOSED EASEMENT ACQUISITIONS ON
STRANICK-JOHNSON PARCEL NO. 212104-9069
That portion of the northwest quarter of the northwest quarter of Section 21,
Township 21 North, Range 4 East, W.M., in King County, Washington,
described as follows:
Commencing at the northwest corner of said northwest quarter of the
northwest quarter;
thence south 89° 13 '33" east along the north line of said northwest quarter of
the northwest quarter a distance of 261.26 feet;
thence south 00°14'39" west a distance of 30.00 feet to the south right of way
margin of South 336th Street and the TRUE POINT OF BEGINNING;
thence continuing south 00°14'39" west a distance of 546.02 feet;
thence south 89°13 '33" east a distance of 302.06 feet;
thence north 22°37' 48" east a distance of 255.66;
thence north 00°14'39" east a distance of 308.73 feet to the said south right"'Ûf
way margin of South 336th Street;
thence north 89°13'33" west along said south right of way margin a distance
of 399.44 feet to the TRUE POINT OF BEGINNING.
Being a portion of the following described property:
That portion of the northwest quarter of the northwest quarter of Section 21,
Township 21 North, Range 4 East, W.M., in King County, Washington,
described as follows:
Commencing at the northwest corner of said northwest quarter of the
northwest quarter;
thence south 89°13 '33" east along the north line of said northwest quarter of
the northwest quarter a distance of 261.26 feet;
thence south 00°14'39" west a distance of 30.00 feet to the south right of way
margin of South 336th Street and the TRUE POINT OF BEGINNING;
thence continuing south 00°14'39" west a distance of 546.02 feet;
thence south 89°13'33" east a distance of 399.45 feet;
thence north 00°14'39" east a distance of 546.02 feet to the said south right of
way margin of South 336th Street;
thence north 89°13'33" west along said south right of way margin a distance
of 399.44 feet to the TRUE POINT OF BEGINNING.
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