Ord 99-350
ORDINANCE NO. 99-350
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, PROVIDING FOR
THE ACQUISITION OF CERTAIN PROPERTY FOR THE
PURPOSE OF CONSTRUCTION, OPERATION AND
MAINTENANCE OF A REGIONAL STORM WATER
DETENTION FACILITY IN THE VICINITY OF
SOUTHWEST 356TH STREET AND BETWEEN 4TH A VENUE
SOUTHWEST AND 8TH AVENUE SOUTHWEST, ALL
WITHIN THE CITY OF FEDERAL WAY, TOGETHER WITH
ALL NECESSARY APPURTENANCES AND RELATED
WORK NECESSARY TO MAKE A COMPLETE
IMPROVEMENT IN ACCORDANCE WITH APPLICABLE
CITY STANDARDS; PROVIDING FOR THE
CONDEMNATION, APPROPRIATION, AND TAKING OF
REAL PROPERTY NECESSARY THEREFOR; AND
DIRECTING THE CITY ATTORNEY TO FILE ALL
NECESSARY ACTIONS AND PROCEEDINGS IN THE
MANNER PROVIDED BY LAW FOR SAID
CONDEMNATION.
WHEREAS, in 1991 King County prepared The Hylebos Creek and Lower Puget
Sound Basin Plan ("Plan"), which identified drainage complaints dating back to 1974 and
originating within the drainage basin located in the vicinity of SW 346th Street and SW 363"
Street, and extending from 6th Avenue SW to about 20th Avenue SW ("the Basin"): and
WHEREAS, the Plan called for a "SW 356'h Street Drainage Study," to conduct
hydrologic modeling of several closed depression and complete preliminary engineering design
of a storm water drainage system to solve local flooding of structures in the areas within and
surrounding closed depressions within the Basin; and
ORD 1199-350 Page-I
ORIGINAL
WHEREAS, in 1992 King County commissioned the firm of Brown & Caldwell,
and Northwest Hydraulic Consultants under contract with Brown & Caldwell, to conduct the SW
356'" Street Drainage Study; and
WHEREAS, Brown & Caldwell recommended that the County or City of Federal
Way consider purchasing property below the elevation 320 feet and located within the closed
depression in the vicinity of SW 356'" Street between 4'" Avenue SW and 8'" Avenue SW; and
WHEREAS, as part of its 1995 adoption of its GMA Comprehensive Plan, the City
Council adopted a 6-year, Surface Water Management Capital Improvement Program ("CIP"),
which included monies for acquisition of property within the closed depression; and
WHEREAS, acquisition of property to enable operation of the closed depression
as a regional storm water storage facility was approved by the City Council as part of the Surface
Water Management's 1998-2003CIP, was adopted as Table VIA in the City's December, 1998
GMA Comprehensive Plan;
WHEREAS, the City of Federal Way commissioned KCM, Inc. to further study
the options of either purchasing property within the closed depression, for use as a regional storm
water storage facility, or utilizing other engineering techniques to reduce the potential for
flooding; and
WHEREAS, in March 1999 KCM, Inc. prepared its SW 35610 Street Closed
Depressions Analysis, which analyzed five alternatives and concluded that purchasing property
within the closed depression subjected to flooding up to the lOa-year recurrence frequency is the
least cost option that provides the desired level of protection from flooding; and
ORD #99-350 Page-2
WHEREAS, City staff have recommended, based on the KCM Analysis, that the
City purchase property within the closed depression, to allow the closed depression to function
as a regional storm water storage facility; and
WHEREAS, pursuant to WAC 197-11-800(5)(a), the acquisition of any right to real
property is exempt from review under the State Environmental Policy Act; and
NOW, THEREFORE, 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 a closed depression located within the City of Federal Way and depicted on the map
attached as Exhibit A hereto be operated and maintained as a regional storm water storage facility,
and that certain property be condemned, appropriated, taken and damaged for such purposes. The
failure to operate and maintain the closed depression as a regional storm water storage facility
could eventually result in the flooding of structures within the closed depression below the
elevation of 320 feet, contribute to runoff and flooding within a different drainage basin which
drains to the already overtaxed Hylebos Creek channel, subject the City to litigation (albeit not
meritorious), and/or result in a building moratorium which prevents the City of Federal Way from
meeting annualized household growth targets set pursuant to the Growth Management Act and the
King County Countywide Planning Policies.
Section 2. Condemned Property. The City Council of the City of Federal Way,
after reviewing the planned improvements, hereby declares that the parcel located within the City
of Federal Way and legally described in Exhibit "B" attached hereto and incorporated herein by
this reference, and as shown on the parcel map set forth in Exhibit "C" attached hereto and
ORD #99-350 Page-3
incorporated herein by this reference ("Property") shall be and hereby is condemned,
appropriated, taken and damaged for the purposes of installing, operating, and maintaining a
regional storm water storage facility within the closed depression, including but not limited to
storm drains, culverts, berms, spillways, outlet works and/or pipelines, together with: (a) all
necessary appurtenances and related work to make a complete improvement in accordance with
City standards; (b) the right to make all necessary slopes for cuts and fills upon adjacent lands in
the reasonable original grading and maintenance of the regional storm water storage facility; and
(c) temporary easements to enable installation of said improvements; with all of the foregoing and
the Property being taken, damaged and appropriated subject to the making or paying of just
compensation to the owner thereof in the manner provided by law.
Section 4. Condemnation Legal Action. The City Attorney or other attorney
selected by the City Attorney 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 a regional storm water
storage facility. The City Attorney is further authorized to adjust the amount of the Property
condemned herein, in order to minimize damages, provided that said adjustment does not interfere
with the use of the Property by the City as a regional storm water storage facility.
Section 5. SeverabilitY. The provisions of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of
ORD #99-350 Page-4
this ordinance or the invalidity of the application thereofto 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.
PASSED by the City Council of the City of Federal Way this 5th day of October,
1999
CITY OF FEDERAL WAY
4k
MA ÝOR, RON GINTZ
TTEST:
/;Y / c- /- ,/l
/'~1!~~~~
APPROVED AS TO FORM:
~f~~'
CITY ATTORNEY, LONDI K. LINDELL
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED: 10/9/99
EFFECTIVE DATE: 10/14/99
ORDINANCE NO. 99-350
9/21/99
10/5/99
K,IORDINlCONDM"g.356
ORD #99-350 Page-5
[
Âf
ExhibitA;':~>
Closed Depression
"~,c.,,.
-u_- ---u_------- --------
-..nm
~..
--------------------
n-
Key:
~1~::30~ef;~~sion at
~'m'..
Map Date: Septemb., 1
,C'tyofFederaJW . 999.
.1y.:..:}35J0 First Way ¡¡Y.
'='.. '-oral Way. WA 98003
661-4000.
~;IS ::lap is intended for use as a
Ci:Of1.~:~~fsentation DNL Y The
warranty as t :!lay makes no
0 "s accuracy.
lusers/mikesniW/exhiba.aml
---------
sV'l 3S6il< s,.
~
N
" -",
(
CD
C1)
CD
0
0
'P"4
Q')
0
~
C1)
('
EXHIBIT B
LEGAL DESCRIPTION OF CONDEMNED PROPERTY
Lot 1, King County Short Plat Number 177014 recorded ~~der Recording
Number 7703110466, said Short Plat being a subdivisio~ of the west
half of the southeas~ quarter of the northwest quarter of the
northeast quarter of Section 30, Township 21 North, Range 4 East,
W.M., in King County, Washington; ,
EXCEPT therefrom the south 270.00 feet thereof;
TOGETHER WITH an easement for ingress, egress and utilities over
that portion of the west half of the northeast quarter of said
Section 30, described as follows:
Beginning at the intersection of the west line of the east half of
said west half, with the north margin of Southwest 356~h Street;
thence north 77°23'15" east along said north margin, 50.40 feet to
the beginning of a tangent curve to the right, having a radius of
25.00 feet;
thence northwesterly along said curve, through a central angle of
75°54'41" an arc length of 33.12 feet to a line that is parallel
with and distant easterly 30.00 feet from said line;
thence north 01°28'34" east along said parallel line, 477.81 feet,
more or less, to the north line o~ the sou~h 270.00 feet of the
northwest quarter of the northeast quarter of said Section 30;
thence north 88°55'16" west along said north line, 30.00 feet to
said west line;
thence south 01°28'34" west along said west line, 485.81 feet to the
point of beginning.
Exhibit C
Condemned
Property
.~
.~
n".,....".
h-h
--on
-------
u..,.nfD
..........
(
--_n
h_n
--h-
Key:
Îf
Condemned Property
Map Date. S
::;C, of Fede:.:¡~mber. 1999.
():~~~.t~sl Way ~~'
'<, - _1 ay, WA 96003
, -4000.
Tho> ,,'ap is in
graphical re tended for use as
City of Fede~,;n:nlation DNL Y. ~""
warranty as 10 Its ':cc~::no
lusers/mikesIJiJ:Nlexhiba.aml
,-.
sV'l 3S6~" 5~.
j
N