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Ord 98-319 { ( ORDINANCE NO. 98-319 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, PROVIDING FOR THE CONDEMNATION, APPROPRIATION, TAKING AND/OR ACQUISITION OF CERTAIN REAL PROPERTY AND/OR EASEMENTS FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING RIGHT-OF-WAY 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; AND DIRECTING THE CITY ATTORNEY TO FILE ALL NECESSARY ACTIONS N'ID 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 Necessity. The public health, safety, necessity and convenience demand that right-of-way improvements be constructed and maintained within the City of Federal Way within the vicinity of State Route 99 and South 336~ Street, and that certain real property and/or easements upon said property be condemned, appropriated, taken and damaged for the construction of said improvements as provided by this ordinance. Failure to construct such right-of-way improvements will cause traffic counts to continue to exceed capacity at the intersection of SR 99 and ORD # 98-319 , PAGE 1 töff2>Y ( ( South 336th Street, and create the potential for additional traffic accidents. Section 2. Condemned PrODertv. The City Council of the City of Federal Way, after reviewing the planned improvements, hereby declares that the property and/or easements 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") ~hall be and hereby is condemned, appropriated, taken and damaged for the purposes of installing right-of-way improvements, including a widened S. 336th Street, additional lane (s) , relocated traffic signal poles, and underground utilities, together with all necessary appurtenances and related work to make a complete improvement in accordance with City standards. The condemnation, appropriation, taking and damaging of the Property provided for herein includes the right to make all necessary slopes £or cuts and fills upon adjacent lands in the reasonable original grading and maintenance of the right-of-way facilities, as well as temporary easements to enable construction of said improvements. Further, the condemnation, appropriation, taking and damaging of the Property provided for herein shall be subject to the making or ORD # 98-319 , PAGE 2 ( ( paying of just compensation to the owners thereof in the manner provided by law. Section 3. 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 this ordinance. The City Attorney is further authorized to adjust the location and/or width of any of the Property and/or easements condemned or taken 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 4. 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 ORD # 98-319 , PAGE 3 ( { remainder of the ordinance, or the validity 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. Section 6. Efff'.ctive Datf'.. This ordinance shall take effect and be in force five (5) days from and after its passage, approval, and publication, as provided by law. PASSED by the City Council of the City of Federal Way this 1st day of September , 1998. CITY OF FEDERAL WAY ~~~'.. L~. õ';t, A2Jr O~.Jj r.¿ CITY CLERK, N. CHRISTINE GREEN, CMC LONDI K. LINDELL FILED WITH THE CITY CLERK: 08/25/98 PASSED BY THE CITY COUNCIL: 09/01/98 PUBLISHED: 09/04/98 EFFECTIVE DATE: 09/09/98 ORDINANCE NO. 98-319 K: \ORDIN\CONDM336. ROW ORD # 98-319 , PAGE 4 \' ( ( l ESM CONSULTING ENGINEERS, LLC. I] A CIVIL ENGINEERING, LAND St.:RVEY, AND ?ROJECT Ml\NAGE."'FNT CONSULTING FIRM City of Federal Way Job No. 631-07-960-001 March 21,1998 EXHIBIT "A" LEGAL DESCRIPTION FOR ADDITIONAL RIGHT-OF-WAY FOR S. 336th STREET That portion of Tract 12 of that State Plat recorded ill Volume 41 of Plats, Pages 30 through 32, illelusive, Records of King County, Washington, situate in the southwest quarter of Section 16, Towllship 21 North, Range 4 East, W.M., City of Federal Way, Killg COUllty, Washillgtòn~ beillg more particularly described as follows: BEGINNING at the southeasterly corner of said Tract 12, beillg a poillt all the Ilortherly margin ofS. 336th Street; . THENCE westerly along said northerly margill to the southwesterly comer of said Tract 12, also being a point on the easterly margin ofPacjfic Highway South (AKA SR 99); TIƒNCE Ilortherly along said easterly margill, 40 feet; THENCE southeasterly to a point 011 a line IS feet northerly of and parallel with said northerly margin of S. 336th Street AND 33 feet easterly of said easterly margin of Pacific Highway South; THENCE easterly along said parallel line to the easterly line of said Tract 12; THENCE southerly along said easterly lille to the POINT OF BEGINN£NG. Containillg 4910 square feet, more or less. See attached Exhibit "8". Written by: C.A.F. Checked by: RJ.W. f f <;. ~ 0 SCALE: 1.~100' õì (I) I ~I! : --: t 1011 ~ en'l ¡ ~ I' ,~ , j' ~ : i <61 1 5' ~40' , a. I )::-=--::=.::=:;1--- r7 f6 '--~33' T-- å --20 '---Sõ~33ëTIfSTREËT-~-"" l ¡ I-__h-------~----- - IMlt 11, ,." ("'1-'OWC) CITY OF FEDERAL WAY SOUTH 336TH STREET IMPROVEMENTS EXHIBIT '8' GC=- GARDNER CONSULTANTS I'IIOUC """"'" DMSIOIt or "" COt<SOJI."'" ",,¡...,"'. ccc. rn so. ""'" mar, ItOOW. wu. .. ""., (20" ",-00"