Ord 98-319
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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
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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
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98-319
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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
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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
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ESM CONSULTING ENGINEERS, LLC.
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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);
TIŒNCE 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.
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CITY OF FEDERAL WAY
SOUTH 336TH STREET IMPROVEMENTS
EXHIBIT '8'
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