Ord 02-413
ORDINANCE NO. 02-413
AN ORDINANCE OFTHE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, VACATING A PORTION
OF MILTON ROAD SOUTH, SOUTH OF ENCHANTED
PARKWAY AND ON THE EASTERN BOUNDARY OF THE
ENCHANTED PARKS PARKING LOT.
WHEREAS, a valid petition has been filed by the owners of at least two-thirds of the
abutting property requesting vacation of a portion of Milton Road South, South of Enchanted
Parkway and on the eastern boundaryofthe Enchanted Parks parking lot, in the City of Federal Way;
and
WHEREAS, pursuant to Resolution 01-340, the Federal Way City Council held a
pubIíc hearing at its regular meeting on August 7, 2001, to consider the petition for vacation as
required by state law and Federal Way City Code Section 13-102; and
WHEREAS, following the conclusion ofthe public hearing on August 7, 2001, the
City Council eonsidered the proposed vacation and its compliance with the criteria outlined in
FWCC Section 13-102, and decided to grant the vacation pending satisfaction of the conditions
outlined in Resolution 01-344 and payment of compensation by the owners of the abutting property;
and
WHEREAS, the owners of the abutting property have satisfied the eonditions outlined
in Resolution 01-344 and paid the City the appraised fair market value of the right-of-way to be
vacated, in the amount of Three Hundred Twenty Five Thousand and Noll ~O Dollars ($325,000.00);
ORD # 02-413
,PAGE I
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Vacation. That portion of the right-of-way of Milton Road South, South
of Enchanted Parkway and on the eastern boundary of the Enchanted Parks parking lot, as described
in Exhibit "A" (legal description) and as depieted on Exhibit "A-I" (vicinity map) attached hereto is
hereby vacated. The property lying in the portion of the right-of-way described in Exhibit "A" shall
be returned to and belong to those persons entitled to receive the property in accordanee with state
law.
Section 2. Recordation. Upon passage, approval and publication ofthis ordinance,
the City Clerk is directed to cause this ordinance to be recorded with the King County Department of
Records and Eleetions.
Section 3. Severability. The provisions of this ordinance are declared separate and
~
sevl!rable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this
ordinance or the inyalidity 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 applieation to other persons or
circumstances.
Section 4. Ratification. Any act consistent with the authority and prior to the
effeçtive date of this ordinance is hereby ratified and affirmed.
Section 5. Effective Date. This ordinance shall take effect and be in force five (5)
days from and after its passage and publication, as provided by law.
OM # 02-413
,PAGE 2
PASSED by the City Council of the City of Federal Way this 2nd day of January,
2002.
CITY OF FEDERAL WAY
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CITY LERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
~~~
CITY ATTORNEY, BOB C. STERBANK
FILF1D WITH THE CITY CLERK: 12/12/01
PASSED BY THE CITY COUNCIL: 01/02/02
PUBLISHED: 01/09/02
EFFECTNE DATE:01/14/02
ORDINANCE NO. 02-413
K:\ordinlmiltvacat
ORD # 02-413
, PAGE 3
EXHIBIT "A"
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Enchanted Parks
Job. No. 163-1 0-000-002
February 27, 2001
LEGAL DESCRIPTION FOR
LEASE AREA TO BE VACATED
That portion of the southwest quarter of Section 28, Township 21 North, Range 4 Eas~
W.M., King County, Wasl1ington, being more particular1y described as follows:
COMMENCING at the southwest comer of said Section 28, being a cased monument
with a brass disk with puncl1 mark;
TIiENCE along the west line of said southwest quarter N 01 °26'19" E, 459.58 feet;
TIiENCE at right angles to said line, S 88°33'41" E, 33.88 feet to a point opposite Highway
Engineer's Station (hereinafter referred to as H.E.S.) 1825+50 on the LE line as shown on
that Washington State Highway Commission Department of Highways Plan labeled "SR 5
- MP 140.44 to MP 140.99 Pierce CouPty Une to JCT. SR 516 REST AREA", Sheet 3 of 3,
as approved April 17, 1969, and being 175 feet easter1y as measured at right angles
therefrom and a point of curvature;
TIiENCE along the easterly margin of said SR-5 as depicted on said plans, northeaster1y
183.60 feet along the arc of a non-tangent curve to the left; having a radius of 11635.00,
through a central angle of 00°54'15" to a point on said curve and the TRUE POINT OF
BEGINNING;
TIiENCE leaving said margin N 20°17'19" E, 357.80 feet to a point of curvature;
THENCE northeaster1y 47.15 feet along tile arc of a tangent curve to the rigl1~ having a
radius of 723.00 fee~ through a central angle of 03°44'11" to a point of tangency;
THENCE N 24°01'30" E, 701.97 feet;
THENCE N 28°35'56" E, 150.48 feet;
THENCE N 24°01 '30" E, 21.93 feet to a point of curvature;
THENCE northeaster1y 478.16 feet along the arc of a tangent curve to the righ~ having a
radius of 711.00 fee~ through a central angle of 38°31 '58" to a point of compund
curvature;
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February 27, 2001
1l-1ENCE easterly 38.52 feet along the arc of a tangent curve to the righ~ having a radius
of 25.00 fee~ through a central angle of 88°16'21" to the northwesterly extension of the
southwesterly margin of SR-161 as shown on that Washington State Highway
Commission Department of Highways Plan labeled "SR 5 - Pierce County Une to JCT.
SSH No.5-A", Sheet 3 of 20, as approved June 24, 1958;
1l-1ENCE along said southwesterly margin S 25°46'20" E, 31.50 feet to the easterly margin
of SR-5, as depicted on said plans, said margin also being the easterly margin of that
portion of land conveyed to King County by instrument number 8505070897, King County
Records;
1l-1ENCE continuing along said easterly margin S 58°46'00" W, 341.14 feet;
1l-1ENCE continuing along said easterly margin S 24°01'30" W, 1046.60 feet to a point of
curvature;
1l-1ENCE continuing along said easterly margin southerly 378.22 feet along the arc of a
tangent curve to the righ~ having a radius of 11 ,635.00 fee~ through a central angle of
01 °51 '45" to the TRUE POINT OF BEGINNING.
Containing 50,046 square feet or 1.15 acres, more or less.
See attached Exhibit "B".
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Written by: RAF.
Checked by: MRB.
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EXHIBIT A-l
TO ACCOMPANY LEGAL DESCRIPTtON FOR
LEASE AREA TO BE VACATED
A PORTION OF THE SW 1/4 OF SECTION 28,
TWP. 21 N., RGE. 4 E., W.M.,
KING COUNTY, WASHINGTON
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