Ord 01-410
ORDINANCE NO. 01-410
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
RETENTIONIDETENTION 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 ofSW 346th Street and SW 363rd Street,
and extending from 6th Avenue SW to about 20th Avenue SW ("the Basin"); and
WHEREAS, the Plan called for a "SW 356th Street Drainage Study," to conduct
hydrologic modeling of several closed depression and complete preliminary engineering design of a
stonn water drainage system to solve local flooding of structures in the areas within and surrounding
closed depressions within the Basin; and
ORD 1101-410 Page-l
WHEREAS, in 1992 King County commissioned the firm of Brown & Caldwell, and
Northwest Hydraulic Consultants under contract with Brown & Caldwell, to conduct the SW 356th
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 a particular closed
depression in the vicinity of SW 356th Street between 4th Avenue SW and 8th Avenue SW ("the
Closed Depression); 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 ("ClP"), 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 retention/detention facility was approved by the City Council as part of the
Surface Water Management's 1998-2003 ClP, and was adopted as Table VI-4 in the City's
December, 1998 GMA Comprehensive Plan; and
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
retention/detention facility, or utilizing other engineering techniques to reduce the potential for
flooding; and
WHEREAS, in March 1999 KCM, Inc. prepared its SW 3561h Street Closed
Depressions Analysis, which analyzed five alternatives and concluded that purchasing property
within the Closed Depression subjected to flooding up to the I OO-year recurrence frequency is the
least cost option that provides the desired level of protection from flooding; and
ORD # 01-41ó'age-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 retention/detention facility; and
WHEREAS, pursuantto 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 the Closed Depression located within the City ofF ederal Way and depicted on the map
attached as Exhibit "A" hereto be operated and maintained as a regional storm water
retention/detention facility, and that certain pröperty be condemned, appropriated, taken and
damaged for such purposes as provided by this ordinance. Failure to operate and maintain the
Closed Depression as a regional storm water retention/detention facilitywilI result in the flooding of
structures and property within the Closed Depression below the elevation of320 feet, contribute to
runoff and flooding outside of the Closed Depression within the drainage basin, subject the City to
further litigation (albeit not meritorious), and/or result in a building moratorium which could prevent
or delay the City of Federal Way in meeting annualized household growth targets set pursuant to the
Growth Management Act and the King. County Countywide Planning Policies.
Section 2. Public Use. The operation and maintenance ofthe Closed Depression as a
regional storm water retention/detention facility is demanded by public health, safety, convenience
and necessity. The regional storm water retention/detention facility owned by the City of Federal
Way, will receive storm water runoffffom publicly owned rights of way as well as private property
ORD #01-410 Page -3
within the Basin, will allow for alleviation of existing and future flooding, and provide adequate
drainage capacity for existing and new development planned for in the City's Comprehensive Plan.
Therefore, the use of property and/or easements condemned herein for the operation and maintenance
of a regional storm water retention/detention facility constitutes a public use.
Section 3. Condemned Prooertv. The City Council of the City of Federal Way, after
reviewing the planned improvements, hereby declares that the property 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 incorporated
herein by this reference ("Property") shall be and hereby are condemned, appropriated, taken and/or
damaged for the public use and purpose of operating, and maintaining a regional storm water
retention/detention facility described in Section 2 above. The condemnation, appropriation, taking
and/or damaging of the Property includes the right to make all necessary slopes for cuts and fills
upon adjacent lands in the reasonable original grading and maintenance of the storm water
retention/detention facility as well as temporary easements to enable construction and installation of
any improvements. Further, the condemnation, appropriation, taking and/or damaging of the
Property shall be 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 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
ORD # 01-41OPage-4
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 retention/detention 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 retention/detention facility.
Section 5. Severabilitv. The provisions ofthis 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 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 ofthis ordinance is hereby ratified and affirmed.
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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 18th day of
December
, 200 I.
CITY OF FEDERAL WAY
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. MAYOR, M \
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CITY LERK, N. CHRISTINE GREEN, CMC
ORD #01-410 Page-5
APPROVED AS TO FORM:
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CITY ATTORNEY, BOB C. STERBANK
FILED WITH THE CITY CLERK: 11/27/01
PASSED BY THE CITY COUNCIL: 12/18/01
PUBLISHED: 12/22/01
EFFECTIVE DATE: 12/27/01
ORDINANCE NO. 01-410
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ORD #01-410 Page-6
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EXHIBIT
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PARCEL #302104-9133 (LOT 2)
THAT PORTION OF LOT 2 OF KING COUNTY SHORT PLAT NUMER 177014
RECORDED UNDER RECORDING NUMBER 7703110466 RECORD OF KING
COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 2; THENCE EAST
ALONG THE NORTH LINE OF SAID LOT 2, A DISTANCE OF 69.8 FEET TO
ELEVATION 320 BASED ON CITY OF FEDERAL WAY VERTICAL DATUM AS OF
JANUARY 1999 AND THE TRUE POINT OF BEGINNING; THENCE
SOUTHEASTERLY ALONG SAID ELEVATION 320 TO THE SOUTH LINE OF
SAID LOT 2; THENCE EAST ALONG SAID SOUTH LINE, A DISTANCE OF 182.5
FEET TO THE SOUTHEAST CORNER OF SAID LOT 2 THENCE NORTH ALONG
THE EAST LINE OF SAID LOT 2 TO THE NORTHEAST CORNER OF SAID LOT 2;
THENCE WEST ALONG THE NORTH LINE OF SAID LOT 2, A DISTANCE OF
258.4 FEET TO SAID ELEVATION 320 AND THE TRUE POINT OF BEGINNING.
CONTAINING 28,951 SQUARE FEET MORE OR LESS
PARCEL #302104-9133
EXHIBIT B-1
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PARCEL# 302104-9132
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LOT 4
K.C.S.P, 177104
PARCEL# 302104-9002
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ACAD No.1580ar-l
Prepared by
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720 S. 333 St. Ste.200
Federal Way, WA 98003
253 - 838-6202
PARCEL NO. 302104-9133
06-18-99
PARCEL #302104-9134 (LOT 3)
THAT PORTION OF LOT 3 OF KING COUNTY SHORT PLAT NUMER 177014
RECORDED UNDER RECORDING NUMBER 7703110466 RECORDS OF KING
COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTWEST CORNER OF SAID LOT 3; THENCE EAST
ALONG THE NORTH LINE OF SAID LOT 3, A DISTANCE OF 145.7 FEET TO
ELEVATION 320 BASED ON CITY OF FEDERAL WAY VERTICAL DATUM AS OF
JANUARY 1999 AND THE TRUE POINT OF BEGINNING; THENCE
SOUTHEASTERLY ALONG SAID ELEVATION 320 TO THE SOUTH LINE OF
SAID LOT 3; THENCE EAST ALONG SAID SOUTH LINE, A DISTANCE OF 131.0
FEET TO THE SOUTHEAST CORNER OF SAID LOT 3; THENCE NORTH ALONG
THE EAST LINE OF SAID LOT 3 TO THE NORTHEAST CORNER OF SAID LOT 3;
THENCE WEST ALONG THE NORTH LINE OF SAID LOT 3, A DISTANCE OF
182.5 FEET TO SAID ELEVATION 320 AND THE TRUE POINT OF BEGINNING.
CONTAINING 21,054 SQUARE FEET MORE OR LESS
PARCEL #302104-9134
EXHIBIT B-2
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ACAD No,1580o.r-l
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720 5. 333 5t. 5te.200
Federal Way, WA 98003
253 - 838-6202
PARCEL NO. 302104-9134
06-18-99
PARCEL #302104-9002 (LOT 4)
THAT PORTION OF LOT 4 OF KING COUNTY SHORT PLAT NUMER 177014
RECORDED UNDER RECORDING NUMBER 7703110466 RECORDS OF KING
COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 4; THENCE EAST
ALONG THE NORTH LINE OF SAID LOT 4 A DISTANCE OF 197.1 FEET TO
ELEVATION 320 BASED ON CITY OF FEDERAL WAY VERTICAL DATUM AS OF
JANUARY 1999 AND THE TRUE POINT OF BEGINNING; THENCE
SOUTHEASTERLY AND EASTERLY ALONG SAID ELEVATION 320 TO THE
EAST LINE OF SAID LOT 4; THENCE NORTH ALONG SAID EAST LINE, A
DISTANCE OF 106.1 FEET TO THE NORTHEAST CORNER OF SAID LOT 4;
THENCE WEST ALONG THE NORTH LINE OF SAID LOT 4, A DISTANCE OF
131.0 FEET TO SAID ELEVATION 320 AND THE TRUE POINT OF BEGINNING.
CONTAINING 11,395 SQUARE FEET MORE OR LESS
PARCEL #302104-9002
EXHIBIT B-3
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LOT 4
K,C,S,P. 177104
PARCEL# 302104-9002
TOTAL AREA = 53,609 '0 ft
AREA ABOVE ELEV, 320 = 42,214 '0 ft
AREA BELOW ELEV, 320 = 11,395 '0 ft
PARCEL NO. 302104-9002
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720 5. 333 5t. 5\e.200
Federal Way, WA 98003
253 - 838-6202
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06-18-99
PARCEL #302104-9123
THAT PORTION OF THE NORTH 290 FEET OF THE WEST HALF OF THE
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF THE NORTHEAST QUARTER AND THAT PORTION OF THE
NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF THE NORTHEAST QUARTER LYING NORTH OF THE LAND
DEEDED TO KING COUNTY FOR ROAD (SOUTHWEST 356TH STREET) ALL IN
SECTION 30, TOWNSHIP 21 NORTH, RANGE 4 EAST, WM., IN KING COUNTY,
WASHINGTON;
AND THAT PORTION BEGINNING AT THE SOUTHWEST CORNER OF THE
NORTH 290 FEET OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 30, TOWNSHIP 21 NORTH, RANGE 4 EAST, WM., IN
KING COUNTY, WASHINGTON; THENCE FROM SAID POINT OF BEGINNING,
ALONG THE WEST LINE OF SAID SUBDIVISION NORTH 01°38'21" EAST, 42.62
FEET; THENCE LEAVING SAID WEST LINE SOUTH 43°21'39" EAST, 15.56 FEET;
THENCE SOUTH 01°38'21" WEST, 31.57 FEET TO THE SOUTH LINE OF SAID
SUBDIVISION; THENCE ALONG SAID SOUTH LINE NORTH 88°38'46" WEST,
11.00 FEET TO THE POINT OF BEGINNING, PURSUANT TO KING COUNTY
SUPERIOR COURT CAUSE NO. 93-2-21012-4; DESCRIBED AS FOLLOWS:
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BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL; THENCE
SOUTH ALONG THE WEST LINE OF SAID PARCEL, A DISTANCE OF 250.6 FEET
TO ELEVATION 320 BASED ON CITY OF FEDERAL WAY VERTICAL DATT.JH AS
OF JANUARY 1999; THENCE NORTHEASTERLY ALONG SAID ELEVATION 320
TO THE NORTH LINE OF SAID PARCEL; THENCE WEST ALONG SAID NORTH
LINE, A DISTANCE OF 114.3 FEET TO THE NORTHWEST CORNER OF SAID
PARCEL AND THE TRUE POINT OF BEGINNING.
CONTAINING 14,366 SQ. FT MORE OR LESS
PARCEL #302104-9123
EXHIBIT B-4
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LOT 14
LOT"
TOTAl AREA ~ 48,000 sq It
AREA ABOVE ELEV, 320 ~ 33,63< q It
AREA BELOW ELEV. 320 ~ 14,366 sq It
EXHIBIT MAP
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PARCEL NO. 302104-9123
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PARCEL 302104-9112
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ACAD No, 1580Clr-l
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720 S, 333 St. Ste.200
Federal Way, WA 98003
253 - 838-6202
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06-18-99
PARCEL #302104-9046
THAT PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER OF THE NORTHEAST QUARTER AND THAT PORTION
OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF THE NORTHEAST QUARTER LYING NORTH OF THE RIGHT OF
WAY OF SOUTHWEST 356TH STREET (ALSO KNOWN AS JOHN LOBE ROAD),
IN SECTION 30, TOWNSHIP 21 NORTH, RANGE 4 EAST, WM., IN KING
COUNTY, WASHINGTON;
EXCEPT THE FOLLOWING DESCRIBED PROPERTY: COMMENCING AT THE
SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 30; THENCE NORTH 00°25'18" EAST, 254.92 FEET, SAID
LINE BEING THE 1116 LINE OF SAID SECTION; THENCE SOUTH 73°53'40"
WEST, 234.70 FEET; THENCE SOUTH 00°25'18" WEST, 30.00 FEET; THENCE
SOUTH 10°51'52" EAST, 259.76 FEET TO THE NORTHERLY RIGHT OF WAY OF:
SOUTHWEST 356TH STREET; THENCE PROCEEDING ALONG SAID RIGHT OF
WAY LINE, NORTH 76°23' EAST, 179.52 FEET TO THE EASTERLY 1116 LINE;
THENCE NORTH 00°25'17" EAST, 53.02 FEET ALONG SAID 1116 LINE TO THE
POINT OF BEGINNING, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL; THENCE
SOUTH ALONG THE WEST LINE OF SAID PARCEL, A DISTANCE OF 322.3 FEET
TO ELEVATION 320 BASED ON CITY OF FEDERAL WAY VERTICAL DATUM AS
OF JANUARY 1999 AND THE TRUE POINT OF BEGINNING; THENCE
SOUTHEASTERLY ALONG SAID ELEVATION 320 TO THE EAST LINE OF SAID
PARCEL; THENCE SOUTHERLY ALONG SAID EAST LINE, A DISTAN':E OF
111.8 FEET TO SAID ELEVATION 320; THENCE SOUTHWESTERLY AND
WESTERLY ALONG SAID ELEVATION 320 TO THE WEST LINE OF SAID
PARCEL; THENCE NORTH ALONG THE WEST LINE, A DISTANCE OF 447.5
FEET TO SAID ELEVATION 320 AND THE TRUE POINT OF BEGINNING.
CONTAINING 32,036 SQ. FT. MORE OR LESS
PARCEL #302104-9046
EXHIBIT B-5
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PARCEL# 302104-9046
TOTAL AREA - 185,300 .. "
AREA ARM ELtV, J2O - 153,'" ., "
AAEA ,"-OW ELtV. ''o - ",0" .. "
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UNPLATTED
PARCEL# 302104-9103
131.0'
u_me
p^"",,- 302104-9102
EXHIBIT MAP
ACAD No, 1580o.r-l
Prepo.red by
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PARCEL NO. 3021404-9046
720 5, 333 St. Ste,200
Fedecal Way, WA 98003
253 - 838-6202
06-18-99
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