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Ord 02-421 ORDINANCE NO. 02- 421 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, VACATING A PORTION OF SOUTH 298th STREET IN THE VICINITY OF THE INTERSECTION OF SOUTH 298th STREET AND MILITARY ROAD. 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 South 298th Street, in the vicinity of the intersection of South 298th Street and Military Road; and WHEREAS, pursuant to Resolution 00-333, the Federal Way City Council held a public hearing at its regular meeting on December 19, 2000, 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 December 19, 2000, the City Council considered the proposed vacation and its compliance with the vacation criteria outlined in FWCC Section 13-102, and decided to grant the vacation pending satisfaction of the conditions outlined in Resolution 00-333; and WHEREAS, Pageantry Communities of Washington, the project developer, is dedicating a substitute right of way, of equal or greater value as part of final plat approval under file number 02-101104-00-SU, that will better serve the public interest by allowing for a realignment of South 298th Street to a perpendieular intersection with better site distance and reduced turning movements at the intersection of Military Road and South 298th Street; and ORD # 02-421 ,PAGE 1 t@~1f WHEREAS, the owners of abutting property have satisfied the conditions outlined in Resolution 01-333; 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 South 298th Street, in the vicinity of the intersection of South 298th Street and Military Road, as described in Exhibit "A" (legal description) and as depicted on Exhibit n An (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 accordance with state law. Section 2. Recordation. Upon passage, approval and publication of this ordinance, the City Clerk is directed to cause this ordinance to be recorded with the King County Department of Records and Elections. Section 3. Severability. 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 ofthe 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 4. Ratification. Any act consistent with the authority and prior to the effective 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. ORD # 02-421 ,PAGE 2 2002. PASSED by W, City Co~cil of'" City ofF""," W,y u,;,.;U day of ~ CITY OF FEDERAL WAY' ~~ (4- APPROVED AS TO FORM: '-ßJ1; C~ CITY ATTORNEY, BOB C. STERBANK FILED WITH THE CITY CLERK: 06/11/02 PASSED BY THE CITY COUNCIL: 07/02/02 PUBLISHED: 07/06/02 EFFECTNE DATE: 07/11/02 ORDINANCE NO. 02-421 K:\ordin\s.298-military vacation ORD # 01-421 ,PAGE 3 I' = 10(J" . RjW TO BE VACAlED =~~:;:~=~~=~ ~~=.",,_'_~M""" PAAƓ. . ."'."'.'8, .........,. --. --. .....-.""""""",, TRESOEN'PLACE PRELIMINARY PLAT LAYOUT A PORTION OF THE HE 1/4 OF SE 1/4 OF SEC. 4, TWP. 21N., RGE 4 E., W.M. KING COUNTY, WA l( EXBIBlT /¡ . S;P UND ENGINEERING, Inc. -. -0«« ~- ...... - ::;: 1:;:1 :::: '-. .. M~' .~------ -~=:-"---- =