Ord 98-317
ORDINANCE NO. 98-317
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, PROVIDING FOR THE
ACQUISITION OF CERTAIN EASEMENTS OVER, ALONG,
UNDER AND ACROSS CERTAIN PROPERTY FOR THE
PURPOSE OF CONSTRUCflNG AND INSTALLING
STORMW A TER CONVEYANCE IMPROVEMENTS IN THE
VICINITY OF SOUTH 320TH STREET AND 23RD AVENUE
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 ATIORNEY TO FILE ALL NECESSARY
ACTIONS AND PROCEEDINGS IN THE MANNER
PROVIDED BY LAW FOR SAID CONDEMNATION.
TIIE CITY COUNCIL OF TIIE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Public Necessitv. The public health, safety, necessity and converuence
demand that stormwater conveyance improvements be constructed and maintained within the City
of Federal Way and that certain 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 conveyance improvements eventually would contribute to the flooding of
certain rights of way, including South 320th Street in Federal Way, and the flooding of certain
commercial property known as the SeaTac Plaza property.
Section 2. Condemned Propertv. The City Council of the City of Federal Way, after
reviewing the planned improvements, hereby declares that the easement located within the City of
ORD # qR-l17
, PAGE 1
töfP1f
Federal Way and legally described in Exhibit "A" attached hereto and incorporated herein by this
reference, and as shown on the parcel maps 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 constructing, installing, operating, and maintaining stormwater conveyance facilities,
including but not limited to storm drains, culverts, berms, spillways, outlet works and/or pipelines,
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 conveyance
facilities, with 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 Legal Action. The City Attorney or other attomey 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
ofthis 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 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
ORD # 98-317
, PAGE 2
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 affinned.
Section 7. Effective Date. This ordinance shall take effect and be in force five (5)
days ftom and after its passage, approval, and publication, as provided by law.
PASSED by the City Council of the City of Federal Way thiS.$ay Of~98.
CITY ~ERAL WAY
. ~1~
MAYOR, ON GINTZ
ATTEST:
~ ,a~"~~-
CIT CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
~~
¿::BIT , LaNDI K. LINDELL
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO. QR-117
05-12-98
06-02-98
06-06-98
06-11-98
K,IORDIN\CONDMSEA. TAC
ORD #98-317
, PAGE 3
30 FOOT DRAINAGE EASEMENT DESCRIPTION
TIIAT PORTION OF THE PLAT OF EVERGREEN PLAZA AS RECORDED IN VOLUME 100 OF PLATS AT
PAGE 74 AND 75 ,RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTIlWEST CORNER OF TRACf B, SAID CORNER ALSO BEING THE
SOUTIlWEST CORNER OF SAID PLAT; THENCE NORm 00°18'15" EAST ALONG THE WEST LINE OF
TRACT B, 318.00 FEET TO THE NOR1HWEST CORNER OF TRACf B; THENCE SOUTH 89°34'08" EAST
ALONG THE NORm LINE OF TRACf B, 30.00 FEET; THENCE SOUTH 00°18'15" WEST, 318.00 TO THE
SOUTH LINE OF SAID TRACf B; THENCE NORm 89°34 '08" WEST ALONG SAID SOUTH LINE , 30.00
FEET TO THE POINT OF BEGINNING.
CONTAINING 9540 SQUARE FEET.
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EXHIBIT A
Page A-I
,~
30 FOOT DRAINAGE EASEMENT DESCRIPTION
1HE WEST 30 FEET AND 1HE NORTH 30 FEET OF 1HE EAST 24550 FEET OF 1HE WEST 27550 FEET
OF LOT 2 OF KING COUNTY SHORT PLAT 1079107 AS RECORDED UNDER RECORDING NUMBER
7912270667, RECORDS OF KING COUNTY, W ASHlNGTON.
CONTAINlNG 21075 SQUARE FEET.
$'- /)-1"
EXHIBIT A
PAGE A-2
LOT 4
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c,c§( 1'D(j
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TRACT X
LOT 3
POINT OF BEGINNING /
S.
320TH
ST.
30'
DATE MAY 13, 1998
E A R
LOT 2
KCSP 1079107
AFN 7912270667
( TRACT A )
TRACT C ~\>'-
30' DRAINAGE EASEMENT \( 'v'Y'
TRACT B \;
CJ
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'\.:: LOT 3
LOT 4
DRAINAGE
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100 W. B,oodwoy 10800 N.E. 8th 51.
Ste. 5000 7th Floo,
Long Beach, CA 90802-4443 Bellevue, WA 98004
310 495-4449 206 455-9494
EXHIBIT B
~
EASEMENT
ACAD No. 1497REC
T
E
c
H
720 5. 333 51. 5te.200
Fedeco' Way, WA 98003
206 838-6202
1200 O'pont St., Ste. 2-8
Bell;ngham, WA 98225
360 734-3202
PAGE B-1
.,.'
30' DRAINAGE EASEMENT
LOT 2
KCSP 1079107
AFN 7912270667
( TRACT A )
LOT 4
'Î,\')~()()'1-
()'Î () '\
Gg~"' ~ ~
~ 0 LOT 3 I ~ I
TRACT C
m
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TRACT B :i-~<:; II
CO", \f<v<:-G II COT3 I
30' DRAINAGE EASEMENT
30'
DATE MAY 13, 1998
E A R
DRAINAGE
EASEMENT
ACAD No. 1497REC
T
H
T
E
c
H
100 W. Bwadway 10800 N.E. 8th st.
Ste. 5000 7th Flaa,
Long Beoch. CA 90802-4443 Bellevue. WA 98004
310 495-4449 206 455-9494
720 S. 333 St. Ste.200
Fedewl Way. WA 98003
206 838-6202
1200 O'pant St.. St.. 2-8
Beilinghom. WA 98225
360 734-3202
EXHIBIT B
PAGE B-2