Ord 96-273
ORDINANCE NO. 96-273
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASIDNGTON, PROVIDING FOR THE
ACQUlSmoN 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 356TH
STREET AND PACIFIC IDGHWAY SOUTH, TOGETIIER
WITH ALL NECESSARY APPURTENANCES AND RELATED
WORK NECESSARY TO MAKE A COMPLETE IMPROVEMENT
IN ACCORDANCE WITH APPUCABLE 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.
DOES HEREBy ORDAIN AS FOLLOWS:
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
demand that stonnwater improvements be constructed and maintained within the City of Federal
Section 1... Public Nece..oit)[. The public health, safety, necessity and convenience
Way and that certain property and/or easements upon Property be condemned, appropriated, taken
and damaged for the construction of said improyements as provided by this ordinance. The failure
to construct such stonnwater improvements eventually would result in the flooding of certain
rights of way, including State Route 99 and S. 356 Street, Federal Way, and flooding of certain
single-family residences.
after reYiewing the planned improyements, hereby declares that the property and/or easements
~. Condemned Prope~, The City Council of the City of Federal Way,
ORD # 96-273, PAGE 1
C(ô)rF»V
located within 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, 1aIœn and damaged for the purposes of insta1ling stormwater detention facilities by
constructing storm drains, cuIyerts, berms, spillways, outlet works and pipelines and landscaping,
together with all necessary appurtenances and related work to make a complete improyement 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 3. Condemnation I~¡¡al 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 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 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.
~. Severability. The provisions of this ordinance are declared separate and
ORD # 96-27~ PAGE 2
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 yalidity of the remainder of the ordinance, or the Yalidity of its application to other
persons or circumstances.
Section 5. Ratification. Any act consistent with the authority and prior to the
effective date of this ordinance is hereby ratified and affirmed.
~. Effective Date. This ordinance shall take effect and be in force five (5)
days from and after its passage, approYal, and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this ~ day of
November, 1996.
CITY OF FEDERAL WAY
/¿¡¡:¿¿/ I?~
MAYOR, MARLON S. PRIEST
", ATTEST:
/7 CIL.IJi'Á" ~~
CITY CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
" '/;~-,~:~--~~
,-., CITÝ ATTORNEY, LONDI K. LINDELL
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
10-29-96
11-05-96
11-09-96
11-14-96
96-273
ORD # 96-273, PAGE 3
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EXHIBIT "A"
LOT2-A
TIfAT PORTION OF TIm NORTIfWEST QUARTER OF TIlE NORTImAST QUARTER OF SECTION
29, TOWNSHIP 21 NORm. RANGE 4 EAST, W. M. , IN KING COUNTY, WASHINGTON,
DESCRIBED AS FOLLOWS: .
BEGINNING AT TIm INTERSECTION OF TIlE NOR1H LINE OF SAID NORTIiWEST QUARTER OF
TIm NORTImAST QUARTER OF SAID SECTION 29 AND TIm EASTERLY MARGIN OF PACIFIC'
HIGHWAY SOUTH;
TImNCE SOU1H22°47'44" WEST ALONG SAID EASTERLY MARGIN 700.00 FEET;
TImNCE SOUTII 81°12' 16" EAST, 154.59 FEET TO TIlE TRUE POINT OF BEGINNING;
TImNCE CONTlNUlNG SOUTII 81°12'16" EAST, 95.41 FEET;
TImNCE NORTIf78°18'20" EAST, 232.91 FEET TO AN INTERSECTION WITII TIm EAST LINE OF
SAID NORTHWEST QUARTER OF TIlE NORTIffiAST QUARTER, SAID POINT BEING SOUTII
01°29'50" WEST, 63I.00 FEET FROM TIlE NORTIffiAST CORNER OF SAID NORTIiWEST
QUARTER OF TIm NORTIffiAST QUARTER;
TImNCE SOUTII 01°29'50" WEST ALONG SAID EAST LINE, 150.32 FEET TO AN INTERSECTION
WITII TIm NORTIf MARGIN OF SOUTII 3561H STREET, SAID POINT BEING ON TIm ARC OF A
CURVE, TIm CENTER OF SAID CURVE BEARING SOUTII 04°1 2'51" WEST, 316.48 FEÈT;
TImNCE SOUTIfWESTERL Y ALONG TIlE ARC OF A 316.48 FOOT RADIUS CURVE TO TIm LEFT,
THROUGH A CENTRAL ANGŒ OF 37°46'24", AN ARC DISTANCE OF 20S,65 FEET TO A POINT
OF TANGENCY;
TImNCE SOUTIf 56'26'27" WEST ALONG SAID NORTIIERL Y MARGIN 589.34 FEET TO AN
INTERSECTION WITII TIlE EASTERLY MARGIN OF P AClFIC HIGHWAY SOUTII;
TImNCE NORTIf 22°47'44" EAST ALONG SAID EASTERLY MARGIN, 262.94 FEET; THENCE
SOU1HSI°12'16' EAST, 154.59 FEET;
TImNCE NORTIf 22'47'44" EAST, 300,00 FEET TO TIlE TRUE POINT OF BEGINNING.
TOGETHER WITII AN EASEMENT FOR INGRESS AND EGRESS OVER AND ACROSS THE
FOLLOWING DESCRIBED PROPERTY: '. .
BEGINNING AT TIm INTERSECTION OF TIlE NOR1H MARGIN OF SOUTII 356m STREET AND
TIm EASTERLY MARGIN OF PACIFIC HIGHWAY SOU1H;
THENCE NORm 22 47'44" EAST ALONG SAID EASTERLY MARGIN OF 262.94 FEET TO TIm
TRUE POINT OF BEGINNING;
TImNCE CONTlNUlNG NORm 22°47'44" EAST 25.77 FEET;
TImNCE SOUTIf81°12'16"EAST 154.59 FEET;
THENCE SOUTII 22' 47'44" WEST 25.77 FEET;
TImNCENORTIfSloI2'16" WEST 154.59 FEET TO TIlE TRUEPOINTOFBEGlNNlNG.
EXCEPT TIfA T PORTION DESCRIBED AS FOLLOWS:
BEGINNING AT TIm INTERSECTION OF TIlE NOR1H LINE OF SAID NORTIiWEST QUARTER OF
TIm NORTImAST QUARTER OF SAID SECTION 29, AND TIlE EASTERLY MARGIN OF PACIFIC
HIGHWAY soum;
TImNCE SOUTII 22°47'44" WEST ALONG SAID EASTERLY MARGIN 1000.00 FEET TO TIm TRUE
POINT OF BEGINNING;
THENCESOUmSloI2'16'EAST.154.59FEET; .
THENCE SOUTIf 22°47'44" WEST, 74.96 FEET TO TIlE NORm MARGIN OF SOUTII 356TIf
STREET;
TImNCE soum 56°26'27" WEST ALONG SAID NORTIlERL Y MARGIN 270.73 FEET TO AN
INTERSECTION WI1H TIlE EASTERL Y MARGIN OF PACIFIC HIGHWAY SOUTII;
TImNCE NORm 22'47'44" EAST ALONG SAID EASTERL Y MARGIN, 262.94 FEET TO TIm TRUE
POINT OF BEGINNING. . .
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EXHIBIT "B"
No LlN( IT WI/. IT N(I/. s<e. 29. T.21 .. R.< <. VJl
s 00""", < 220,""
POINT or BEGINNING
LOT 1 (A)
LOT 1 (B)
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