Ord 02-425
ORDINANCE NO. 02-425
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 288TH STREET BETWEEN 16TH
AVENUE SOUTH AND 19TH AVENUE SOUTH, TOGETHER
WITH ALL 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 AND 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 South 288th Street between 16th A venue South and 19th A venue South,
and that certain real property and/or easements upon property be condemned, appropriated, taken
and/or damaged for the construction of said improvements as provided by this ordinance. Failure to
construct such right-of-way improvements will cause traffie counts to continue to exceed capacity
within the corridor of South 288th Street between 16th A venue South and 19th A venue South, create
the potential for additional traffic and/or traffic/pedestrian accidents, and inhibit economic
ORD #02-425
,PAGE I
tcgIP1f
development within the Community Business commercial zones adjacent to the intersection ofSR
99 and South Z"88th Street.
Section 2. Public Use. The improvements demanded by public health, safety,
neeessity and convenienee consist of those improvements in substantially the form shown on the
Right-of-Way Plans dated April 19,2002, byCH2MHill and on file with the City of Federal Way, to
wit: the construction ofleft turn lanes eastbound and westbound on South 288th Street at SR 99 and
at 8th Avenue South, sidewalks on both sides of South 288th Street west of SR 99, sidewalks and
planter strips on both sides of South 288th Street east ofSR 99 from SR 99 to 19th Avenue South, and
modification of the signals at South 288th Street at SR 99 and at South 288th Street at Military Road
together with all appurtenances and related work neeessary to make a complete improvement in
accordance with Figure IlI-3(a), Cross Section A and Figure IlI-3(i) of the City of Federal Way
Comprehensive Plan and other applieable City standards (the "Planned Improvements"). The
Planned Improvements will be a part of right-of-way owned by the City of Federal Way and open for
use by the general públic, and therefore the use of property and/or easements condemned herein for
the construction of said improvements constitutes a public use.
Seetion 3. Condemned Property. The City Council ofthe City of Federal Way, after
reviewing the Planned Improvements, hereby declares that the property and/or easements located
within the City of Federal Way, legally described and depicted in Exhibit "A" 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 constructing and maintaining the Planned
ORD # 02-425
, PAGE 2
Improvements. The condemnation, appropriation, taking and/or damaging ofthe 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 right-of-way facilities, as well as temporary easements to enable
construction ofthe Planned 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 Manager is hereby authorized and directed to file all necessary actions and proceedings
provided by law to condemn, take, appropriate and damage the Property in order to earry out the
provisions ofthis 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 sueh reservation does not
interfere with the use ofthe 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 5. Severability. 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 ofthe 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
ORD # 02-425
, PAGE 3
cireumstances.
Section 6. Ratification. Any aet 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 1'1.:a day of
~2002.
;x:>
CITY OF FEDERAL WAY
~~~
GR:~
APPROVED AS TO FORM:
rp(Z a. ~
INTERIM CITY ATTORNEY,
PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK: 8/13/02
PASSED BY THE CITY COUNCIL: 9/17/02
PUBLISHED: 9/25/02
EFFECTIVE DATE: 9/30/02
ORDINANCE NO. 02-425
ORD # 02-425
, PAGE 4
EXHIBIT "A"
S288th Street Improvements Project (16th Avenue South to 19th Avenue South)
Right of Way Acquisition
Condemnation List
PARCEL TO BE CONDEMNED
FileNo. Parcel No. Owner Business
6a 332204-9037 Kinder-Care Learning Centers, Inc. Kinder-Care Learning Center
6c 332204-9119 Stanford R & Gabriel G Poll Checkmate
6d 332204-9132 Reinhard Distributing Co. Inc. Ernies Trucks Stop Office Building
6e 042104-9024 S 288th Associates State Farm Insurance
6i 042104-9182 Ran Thi Nguyen Single Family Home
6j 042104-9261 Linda A. Landon Vacant property
RIGHT OF WA Y FROM PARCEL NO. 3322049037
THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL "A", LYING SOUTH AND SOUTHEAST OF
THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE INTERSECTION OF THE WEST LINE OF SAID PARCEL "A" WITH A LINE THAT IS
46.00 FEET NORTH OF AND PARALLEL WITH THE CENTERLINE OF SOUTH 288TH STREET, AS SURVEYED
BY KING COUNTY SURVEY NUMBER 4-21-4-27;
THENCE SOUTH 88"46' 28" EAST ALONG SAID PARALLEL LINE, 139.73 FEET;
THENCE NORTH 27" 56' 25" EAST, 20.15 FEET TO THE WEST MARGIN OF 18TH AVENUE SOUTH AND
THE END OF THIS LINE DESCRIPTION.
CONTAINING 2,325 SOUARE FEET, MORE OR LESS.
PARCEL NAN
LOTS 1 AND 3, KING COUNTY SHORT PLAT NO. 1277090, RECORDED UNDER KING COUNTY
RECORDING NUMBER 7806281014, BEING A PORTION OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING
COUNTY, WASHINGTON.
SURVEYORS NOTE:
THE CENTERLINE OF SOUTH 288rH STREET IS BASED ON THE RIGHT OF WA Y PLANS FOR SOUTH 288TH
STREET A T PACIFIC HIGHWA Y SOUTH ISR 991, ON FILE WITH THE C(TY OF FEDERAL WA Y PUBLIC
WORKS.
ExPIRES 10-01-0"7
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RIGHT OF WA Y FROM PARCE;L NO. 3322049119
THA T PORTION OF THE HEREINAFTER DESCRIBED PARcEL 'A', LYING SOUTH AND SOUTHWEST OF
THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE INTERSECTION OF THE EAST LINE OF SAID PARCEL 'A' WITH A LINE THAT IS
46.00 FEET NORTH OF AND PARALLEL WITH THE CENTERLINE OF SOUTH 288TH STREET, AS SURVEYED
BY KING COUNTY SURVEY NUMBER 4-21-4-27;
THENCE NORTH 88"46' 28" WEST ALONG SAID PARALLEL LINE, 58.36 FEET;
THENCE NORTH 40'02' 30" WEST; 27.43 FEET;
THENCE NORTH 89' 59' 1 r WEST, 23.40 FEET TO THE EAST MARGIN OF PACIFIC HIGHWA Y SOUTH
(SR 991 AND THE END OF THIS LINE DESCRIPTION.
CONTAINING 1.195 SQUARE FEET, MORE OR LESS.
PARCEL "A"
THE WEST 100 FEET OF THAT PORTION OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 22 NORTH, RANGE 4 EAST WM., IN KING
COUNTY, WASHINGTON, LYING EAST OF PRIMARY STATE HIGHWAY NO.1:
EXCEPT THE NORTH 1084.76 FEET THEREOF;
AND EXCEPT THE SOUTH 20 FEET THEREOF;
AND EXCEPT THAT PORTION CONVEYED TO KING COUNTY FOR ROAD BY DEED RECORDED UNDER
KING COUNTY RECORDING NO.6641477;
AND EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON BY DEED RECORDED UNDER
RECORDING NUMBER 8704150548.
SURVEYORS NOTE:
THE CENTERLINE OF SOUTH 288TH STREET IS BASED ON THE RIGHT OF WA Y PLANS FOR SOUTH 288TH
STREET ATPACIFIC HIGHWAY SOUTH (SR 991, ON FILE WITH THE CITY OF FEDERAL WAY PUBLIC
WORKS.
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425 455-9494
RIGHT OF WA Y FROM PARCEL NO. 3322049132
THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL MAM, LYING SOUTH, SOUTHEAST AND
SOUTHWEST OF THE FOLLOWING DESCRIBED LINE:
BEGINNING A T A POINT ON THE WEST MARGIN OF PACIFIC HIGHWA Y SOUTH (SR 99), SAID POINT
BEING 61.14 FEET NORTH OF AND PERPENDICULAR TO THE CENTERLINE OF SOUTH 288TN STREET, AS
SURVEYED BY KING COUNTY SURVEY NUMBER 4-21-4-27;
THENCE NORTH 89" 59' 18" WEST, 11.81 FEET;
THENCE SOUTH 29" 21' 29" WEST, 33.05 FEET;
THENCE SOUTH 86"01' 53" WEST, 82.47 FEET;
THENCE NORTH 88"40' 47" WEST, 2.19 FEET;'
THENCE NORTHWESTERL Y ALONG A NON-TANGENT CURVE TO THE RIGHT WHOSE RADIAL CENTER
BEARS NORTH 25" 24' 16" EAST, 83.00 FEET, AN ARC DISTANCE OF 85.10 FEET;
THENCE NORTH 05"51' 02" WEST, 10.30 FEET TO THE NORTH LINE OF SAID PARCEL MA";
THENCE NORTH 88"46' 28" WEST ALONG SAID NORTH LINE, 1.55 FEET TO THE NORTHWEST CORNER
OF SAID PARCEL "AM AND THE END OF THIS LINE DESCRIPTION.
CONTAINING 1,810S0UAREFEET, MORE OR LESS.
PARCEL "A"
THAT PORTION OF THE SOUTH 236 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 33, TOWNSHIP 22 NORTH, RANGE 4 EAST, WM., IN KING COUNTY,
WASHINGTON, LYING WEST OF STA TE HIGHWA Y NO.1 (ALSO KNOWN AS PACIFIC HIGHWA Y SOUTH):
EXCEPT THE NORTH 136 FEET;
AND EXCEPT THE SOUTH 20 FEET;
AND EXCEPT THA T PORTION DEEDED TO KING COUNTY FOR ROAD BY DEED RECORDED UNDER
RECORDING NUMBER 7108310550;
AND EXCEPT THA T PORTION DEEDED TO THE STA TE OF WASHINGTON FOR STA TE HIGHWA Y BY DEED
RECORDED UNDER RECORDING NUMBER 8704230164;
AND EXCEPT THA T PORTION LYING WITHIN 16TH A VENUE SOUTH.
SURVEYORS NOTE:
THE CENTERLINE OF SOUTH 288TN STREET IS BASED ON THE RIGHT OF WA Y PLANS FOR SOUTH 288TN
STREET A T PACIFIC HIGHWA Y SOUTH (SR 99), ON F(LE WITH THE CITY OF FEDERAL WA Y PUBLIC
WORKS.
ExPIRES 10.01. D~
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EXHIBIT MAP
PARCEL 3322049132 ROW TAKE
ACAD No.
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RIGHT OF WA Y FROM PARCEL NO. 0421049024
THA T PORTION OF THE HEREINAFTER DESCRIBED PARCEL "A', LYING NORTH AND NORTHEAST OF
THE FOLLOWING DESCRIBED LINE:
BEGINNING A T A POINT ON THE WEST MARGIN OF PACIFIC HIGHWA Y SOUTH ISR 99i, SAID POINT
BEING 55.36 FEET SOUTH OF AND PERPENOICULAR TO THE CENTERLINE OF SOUTH 288TH STREET AS
SURVEYED BY KING COUNTY SURVEY NUMBER 4-21-4-27; ,
THENCE NORTH 89° 59' 17" WEST, 12.00 FEET;
THENCE NORTH 28°30' 30. WEST, 36.41 FEET TO THE INTERSECTION WITH A LINE 24.00 FEET
SOUTH OF AND PARALLEL WITH CENTERLINE OF SOUTH 288TH STREET, AS SURVEYED BY KING
COUNTY SURVEY NUMBER 4-21-4-27;
THENCE NORTH 88°46' 28" WEST ALONG SAID PARALLEL LINE, 51.83 FEET;
THENCE WESTERL Y ALONG A NON-TANGENT CURVE TO THE RIGHT WHOSE RADIAL CENTER BEARS
NORTH 05° 54' 39' EAST, i20.00 FEEL AN ARC DISTANCE OF 36.13 FEET TO THE SOUTH MARGIN OF
SOUTH 288TH STREET AND THE END OF THIS LINE DESCRIPTION. .
CONTAiNING 1,166 SQUARE FEET, MORE OR LESS.
PARCEL "AU
THE NORTH 205 FEET OF THE EAST 202.42 FEET OF THE WEST 222.42 FEET OF GOVERNMENT LOT 4,
SECTION 4, TOWNSHIP 21 NORTH, RANGE 4 EAST, WM., IN KING COUNTY, WASHINGTON:
EXCEPT THA T PORTION LYING WITHIN PSH NO.1, AS CONVEYED BY DEED RECORDED UNDER
RECORDING NUMBER 2118246;
AND EXCEPT THA T PORTION LYING WITHIN SOUTH 288'" STREET;
AND EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON BY DEED RECORDED UNDER
RECORDING NUMBER 8707270422.
SURVEYORS NOTE:
THE CENTERLINE OF SOUTH 288'" STREET IS BASED ON THE RIGHT OF WA Y PLANS FOR SOUTH 288'"
STREET AT PACIFIC HIGHWAY SOUTH ISR 991, ON FILE WITH THE CITY OF FEDERAL WAY PUBLIC
WORKS.
EXPIRES 10-01-03
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EXHIBI T MAP
PARCEL 0421049024 ROW TAKE
REV. FEB. 25, 2002
ACAD No.
0421049024
E A R T H
IOBOO N.£. Blh 51.
7th noo.
Bollevoo. WA 9BO04
425 455-9494
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253 838-6202
RIGHT OF WA Y FROM PARCEL NO. 0421049182
THA T PORTION OF THE HEREINAFTER DESCRIBED PARCEL "A", LYING NORTH AND NORTHWEST OF
THE FOLLOWING DESCRIBED LINE:
BEGINNING A T THE INTERSECTION OF THE EAST LINE OF SAID PARCEL "A' WITH A LINE THA T IS
46.00 FEET SOUTH OF ANO PARALLEL WITH THE CENTERLINE OF SOUTH 288TH STREET, AS SURVEYED
BY KING COUNTY SURVEY NUMBER 4-21-4-27;
THENCE NORTH 88°46' 28" WEST ALONG SAID PARALLEL LINE, 91.64 FEET;
THENCE SOUTH 45° 21' 48" WEST, 3.73 FEET TO THE EAST MARGIN OF 18TH A VENUE SOUTH AND
THE END OF THIS LINE DESCRIPTION.
CONTAINING 1,395 SQUARE FEET, MORE OR LESS.
PARCEL ~A"
. THE NORTH 110 FEET OF THE WEST 95 FEET OF THE EAST 104.19 FEET OF THE WEST 789.19 FEET OF
GOVERNMENT LOT 4, SECTION 4, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY,
WASHINGTON:
EXCEPT THE NORTH 30 FEET THEREOF FOR ROAD PURPOSES;
AND EXCEPT THA T PORTION THEREOF LYING NORTHWESTERL Y OF THE ARC OF A CIRCLE HA VING A
RADIUS OF 25 FEET, WHICH IS TANGENT TO THE EAST RlGHT-OF-WA Y OF 18TH A VENUE SOUTH AND
TANGENT TO A LINE 30 FEET SOUTH OF AND PARALLEL WITH THE CENTERLINE OF SOUTH 288TH
STREET;
TOGETHER WITH
LOT 1, MEREDITH VIEW ADDITION, ACCORDING TO THE PLA T THEREOF RECORDED IN VOLUME 55 OF
PLA TS, PAGE 61, IN KING COUNTY, WASHINGTON:
EXCEPT THE SOUTH 71 FEET THEREOF.
SURVEYORS NOTE:
THE CENTERLINE OF SOUTH 288TH STREET IS BASED ON THE RIGHT OF WA Y PLANS FOR SOUTH 288TH
STREET A T PACIFIC HIGHWA Y SOUTH ISR 99}, ON FILE WITH THE CITY OF FEDERAL WA Y PUBLIC
'WORKS.
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EXHIBI T MAP
PARCEL 0421049182 ROW TAKE
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10800 N.E. 8th 51.
7th rloo,
Bell«ue, WA 98004
425 455-9494
ACAD No.
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RIGHT OF WAY FROM PARCEL NO. 0421049261
THA T PORT/ON OF THE HEREINAFTER DESCRIBED PARCEL -A', LYING NORTH OF A LINE 46.00 FEET
SOUTH OF AND PARALLEL WITH THE CENTERLINE OF SOUTH 288TH STREET, AS SURVEYED BY KING
COUNTY SURVEY NUMBER 4-21-4-27.
CONTAINING 1.450 SQUARE FEET, MORE OR LESS.
PARCEL "A"
LOT I, KING COUNTY SHORT PLA T NUMBER 580076R, ACCORDING TO THE SHORT PLAT RECORDED
UNDER RECORDING NUMBER 8110290521, BEING A PORTION OF GOVERNMENT LOT 4, SECTION 4,
TOWNSHIP 21 NORTH, RANGE 4 EAST, WM., IN KING COUNTY, WASHINGTON.
SURVEYORS NOTE:
THE CENTERLINE OF SOUTH 288TN STREET IS BASED ON THE RIGHT OF WA Y PLANS FOR SOUTH 288TN
STREET A T PACIFIC HIGHWA Y SOUTH (SR 99), ON FILE WITH THE CITY OF FEDERAL WA Y PUBLIC
WORKS. .
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PROPERTY LINE
SEC. 4, T. 21 N., R. 4 E., w./.!.
FEB. 2002
EXHIBI T MAP
PARCEL 0421049261 ROW TAKE
ACAD No. 0421049261
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IOBOO N.L 81h 51
7th Floo'
Bdleyu.. WA 98001
125 155 9191
720 5. 333 51. 51'.200
r.d"ol Woy. WA 9B003
253 838-6202
RIGHT OF WA Y FROM PARCEL NO. 0421049261
THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL "A", LYING NORTH OFA LINE 46.00 FEET
SOUTH OF AND PARALLEL WITH THE CENTERLINE OF SOUTH 288TH STREET, AS SURVEYED BY KING
COUNTY SURVEY NUMBER 4-21-4-27.
CONTAINING 1,450 SQUARE FEET, MORE OR LESS.
PARCEL -A"
LOT 1, KING COUNTY SHORT PLAT NUMBER 580076R, ACCORDING TO THE SHORT PLAT RECORDED
UNDER RECORDING NUMBER 8110290521, BEING A PORTION OF GOVERNMENT LOT 4, SECTION 4,
TOWNSHIP 21 NORTH, RANGE 4 EAST. w.M., IN KING COUNTY, WASHINGTON.
SURVEYORS NOTE:
THE CENTERLINE OF SOUTH 288TH STREET IS BASED ON THE RIGHT OF WA Y PLANS FOR SOUTH 288TH
STREET A T PACIFIC HIGHWA Y SOUTH (SR 99), ON FILE WITH THE CITY OF FEDERAL WA Y PUBLIC
WORKS.
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5-70(-02-
parce10421049261.doc