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Council PKT 05-19-1998 Regular ... ~ . I City of Federal Way City Council Meeting AGENDA COUNCILMEMBERS Ron Gintz, Mayor Jeanne Burbidge Linda Kachmar Jack Dovey Michael Park Mary Gates Phil Watkins CITY MANAGER Kenneth E. Nyberg Office of the City Clerk - I - I. II. ID. a. b. c. d. IV. ** V. a. b. c. d. e. f. g. VI. a. b. c. AGENDA FEDERAL WAY CITY COUNCIL REGULAR MEE"I'JÑG Council Chambers - City Hall May 19, 1998 - 7:00 p.m. ***** CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE PRESENTATIONS Celebration Park Donations Parks & Recreation Commission Introductions/Certificates "Buckle Up America Week" Proclamation Economic Development Update CITIZEN COMMENT (3 minute limit per person) CONSENT AGENDA MinuteslApril30, 1998 Special Meetin~ & May 5, 1998 Re¡ular Meetin~ Council Rill #195/Authorization for Uitecomer's A~reement!T .ake 6 III\Provement Enactment Ordinance So 312th St!14th Ave So Pedestrian Crossin~ 21st Ave SW /Dash Point Rd Final PrQject Approval 21st Ave SW/SW325th Final PrQject Approval SW 34Oth/Ho.yt Rd 30% Desi~n Approval Star T .ake Rd/Milita(}' Rd 30% Desien Approval" CITY COUNCIL BUSINESS So 288th St Access Manaeement Sister City Trade Mission 1998 Asphalt Overt&)' Bid Award over please. . . ... ~ I VII. INTRODUCTIONORDmANCE Council Bill #196/Condemnation Easement/SeaTac Pla7.8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, PROVIDING FOR THE ACQUISITION OF CERTAIN EASEMENTS OVER, ALONG, UNDER AND ACROSS CERTAIN PROPERTY FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING STORMW A TER IMPROVEMENTS IN THE VICINITY OF SOUTH 320TH STREET AND 23RD AVENUE SOUTH, TOGETHER WITH ALL NECESSARY APPUR TEN AN CES AND RELATED WORK NECESSARY TO MAKE A COMPLETE IMPROVEMENT IN ACCORDANCE WITH APPLICABLE CITY STANDARDS ALL WITHIN THE CITY OF FEDERAL WAY; PROVIDING FOR THE CONDEMNATION, APPROPRIATION, AND TAKING OF REAL PROPERTY NECESSARY THEREFOR; DIRECTING THE CITY ATTORNEY TO FILE ALL NECESSARY ACTIONS AND PROCEEDINGS IN THE MANNER PROVIDED BY LAW FOR SAID CONDEMNATION. VIII . CITY MANAGER REPORT IX. CITY COUNCIL REPORTS x. EXECUTIVE SESSION a. b. Property AcQ)1isition/Pursuant to RCW 42.30.11O(1)(b) Liti23-tion/Pursuant to RCW 42.30. 110(1)(i) XI. ADJOURNMENT .. PLEASE COMPLETE PINK SLIp. & PRESENT TO THE DEPUTY CITY CLERK PRIOR TO SPEAKING. Citizens may addre>as the City Council at this time. When recognized by the Mayor, please come forward to the podium, adjust microphone to proper height, and ltate> your name and addresl for the record. PLEASE LIMIT YOUR REMARKS TO THREE (3) MINUTES. Citizens may comment on individual age>nda ite>ms at times during any regularly scheduled City Council meeting, prior to Council discussion. These items include, but arc not limited to, Ordinances, Rcsolutiona and Council Buliness issues. These comment times arc in addition to the> Citizen Comment at the beginning of each re>gularly schedule>d meeting. MEETING DATE: May 19, 1998 ITEM# -=r:-@-) -""""""'."""."".""'.'."""'.".""'."'.."""""""""'."""""'."'..""""""""""'..".'.'."""""""""""'..."""""""""""""""""""""""""""""""""""""""""""""'" CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: City Council Meeting Minutes ,.""""",...""..""",."""",.,."",...",.""",."..,""",....,."""",....,."""".."..,.",..,..,.,..."",-.,.............................................................. ................. .................... ... ........, CATEGORY: BUDGET IMPACT: -X. CONSENT _ORDINANCE _BUSINESS _HEARING -FYI _RESOLUTION _STAFF REPORT _PROCLAMATION _STUDY SESSION _OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ .................................................................."..............................."""""""""..'."'.""""".""""""""".'.".""""""""."""""""'"............................................... .., ...~'! ~ !.~ ~ ~.'!'.~ :..... ¥ ~~~~.~g . Mï..~~!~~ ..:.. ç.~ ~..ç, g ~~ ~~.~. ~!? ~ ~~. M. !?~!.iEg..:. . M.~ y. ..~?}. ~.~.~ .. ... . ............. ... .. .. .. .. .. . ... .... ...... .. .. SUMMARYIBACKGROUND: Written minutes required by the Revised Code of Washington (RCW) ........................................................................................."......................................................................................"...................... ........................................... CITY COUNCIL COMMITIEE RECOMMENDATION: Approve the minutes as presented. .........................................................................................,............................................................................................................. ",..................."..................... CITY MANAGER RECOMMENDATION: Approve the minutes as presented. fìJ ¡J ^ ¡j 12! ............................................ .......................,........... ..........,... ................................ ........,....................................................... .~..!).~............. APPROVED FOR INCLUSION IN COUN!!þ PACKET: . (BELOW TO BE COMPLE1ED BY CITY CLERK'S OFFICE) COUNCIL ACTION: _APPROVED _DENIED - TABLEDIDEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # I:\agenda.bil DRAFT FEDERAL WAY CITY COUNCIL Regular Meeting Council Chambers - City Hall May S, 1998 - 7:00 p.m. MINUTE S 1. CALL MEETING TO ORDER Mayor Ron Gintz opened the regular meeting of the Federal Way City Council at the hour of 7:05 p.m., in Council Chambers, City Hall, Federal Way, Washington. Councilmembers present: Mayor Ron Gintz, Deputy Mayor Michael Park, Councilmembers Jeanne Burbidge, Jack Dovey, Mary Gates, Linda Kochmar, Phil Watkins. City staff present: City Manager Kenneth E. Nyberg, Deputy City Manager Philip Keightley, Assistant City Attorney Bob Sterbank, City Clerk Chris Green and Deputy City Clerk Bob Baker. II. PLEDGE OF ALLEGIANCE Councilmember Jack Dovey led the flag salute. III. PRESENTATION a. SPIRIT Award for Month of May City Manager Nyberg presented the May SPIRIT Award to the Police Records Unit, who serve under the supervision of Cathy Schrock. A plaque for the entire unit was presented to Lead Specialist Paul Lower. Chief Wood then presented Certificates of Appreciation for and In Recognition of the award to: Paul Lower, Michelle Ellenberger, Diane Shines, Sheryl Mergel, Shad Fernandez, Gayle Tucker, Alley Mattich, Laurie Jackson and Judith Whetung. Not present to receive their certificates were DebbieDodge, Sara Troupe and Kim Hensley. The team was nominated and recognized for reaching a new, all time level of production. Each member of the unit has worked together as a united team to prevent any backlog of 1998 cases. Collectively, the group was also recognized for their service, pride, integrity, responsibility, innovation and teamwork; the elements critical to receiving the SPIRIT Award. b. Arts Commission Introductions & Certificates Councilmember Gates presented Certificates of Appointments to Arts Commissioners Lawrence Cater, Allan Smith, Jacqueline Peterson and Bonnie Knight-Graves. Not present to receive their certificates were Peggy LaPorte and Krista White. CITY COUNCIL MEETINGS MINUTES May 5, 1998 - Page 1 c. Peace Officer Memorial Week Proclamation Councilmember Dovey read and proclaimed the week of May 12 - 16, 1998, as "Peace Officers Memorial Week," and May 15 as "Peace Officers Memorial Day." Further, he encouraged community support and recognition of our city's peace officers and their dedication to the citizens of the City of Federal Way. Accepting the proclamation was Deputy Chief Brian Wilson. He thanked the Council for recognizing this "very important week" in their profession. Councilmember Gates MOVED APPROVAL TO ADD ITEM VI (C) - APPROVAL OF SIGN CODE INCENTIVE PROGRAM LETTER; second by Councilmember Burbidge. The motion carried as follows: Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park yes yes yes IV. CITIZEN COMMENT Lance Bilyeu spoke in favor of traffic control issues in the area of So. 312th. Public Works Director Cary Roe gave an update on projects in that area. He said new signs were up and the crosswalk has been fÌ'eshened. He explained the two-phase approach being utilized to work in that area and achieve the results sought after by citizens and the City. Lynda Jenks presented a letter to the Council and stated the area of3081h is being neglected in terms of maintenance and that 312th is receiving more emphasis in terms of care. She said there are too many chuck holes near 3081h and the school has an unsightly parking lot. Chris Lujan thanked the Council and Mr. Roe for their efforts in the area of3121h Ave. SW, including the new signs. She looks forward to a self-activating flasher. She'd like reflective paint on the island and increased patrol in that area. Mr. Roe informed her reflective paint is not an option and Chief Wood explained patrol has increased. Dan Casey stated his hopes were that there is no one way to redevelop the downtown core. Each street has a different function; as do each curb, sidewalk and trees. He asked Council to delete the words "interim" and "redevelop" ftom the revised standards being presented and proposed tonight. Elaine Mansoor stated she was surprised the words "interim" and "redevelop" appear in the revised standards being proposed this evening. She asked Council to make adjustments and remove them. CITY COUNCIL MEETINGS MINUTES May 5, 1998 - Page 3 Debra Coates thanked the Council for their hard work and continued efforts regarding the downtown core. v. CONSENT AGENDA Minutes! April 21. 1998 Regular Meeting Voucher/May 5. 1998 Monthly Financial ReportfMarch 1998 1999 CDBG Pass-Through Acceptance Celebration Park RemediationIProiect Acceptance So 312th St Improvement Project City Center Street Design Guidelines Memorandum of Understanding with Rainier Audubon Society/Celebration Park a. b. c. d. e. f g. h. Councilmember Dovey MOVED APPROVAL OF CONSENT AGENDA ITEMS A, B, C, D, E, F & H; second by Councilmember Watkins. The motion carried as follows: Item G: Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park yes yes yes City Center Street Design Guidelines Burbidge Gates Kochmar Watkins Councilmember Watkins MOVED APPROVAL OF CONSENT AGENDA ITEM G AS PRESENTED TIllS EVENJNG; second by Councilmember Dovey. Public Works Director Cary Roe made a presentation utilizing an overhead to show the proposed revisions to the City Center Design Standards. Council discussed the standards at length and spoke of such items as number of lights at Celebration Park, spacing of the lights, wattage of lights and finding an appropriate source for funding for beautification of3201h. Councilmember Watkins MOVED APPROVAL TO INCREASE LIGHTING ONNOR TH ACCESS ROAD, AT CELEBRATION PARK; second by Councilmember Dovey. The motion carried as follows: yes yes yes yes Dovey Gintz Park yes yes yes CITY COUNCIL MEETINGS MINUTES May 5, 1998- Page 4 Council then discussed the terminology used on the revised city center design standards. The words "interim" and "redevelop" troubled some of the councilmembers. Councilmember Gates MOVED TO AMEND THE REVISED CITY CENTER DESIGN STANDARDS BY DOING THE FOLLOWING: -Striking the word "Interim" ttom Section 1 (1); -Striking the word "Redeveloped" ttom Section 1 (ü); -Striking the word "Interim" ttom Section 2; -Insert the word "Candela Series" in place of "prismatic sphere" in Section 2 (ii); -Striking the entire last sentence ttom paragraph 1 of Section 7; and -Striking the words "and Redeveloped So 320th Street" ttom Section 7 paragraph 2, line 2. The motion was seconded by Deputy Mayor Park. The motion carried as follows: Burbidge Gates Kochmar Watkins yes yes yes no Dovey Gintz Park yes yes yes " Councilmember Gates then MOVED ADOPTION OF THE REVISED CITY CENTER DESIGN STANDARDS, AS AMENDED; second by Councilmember Dovey. The motion carried as follows: Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park yes yes yes Councilmember Gates also MOVED APPROVAL TO APPLY THE GUIDELINES TO THE 312m STREET PROJECTS, TO INCLUDE DECORATIVE LIGHTING; second by Councilmember Burbidge. The motion carried as follows: Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park VI. CITY COUNCIL BUSINESS a. Parks & Recreation Commission Appointments yes yes yes Councilmember Dovey MOVED APPROV AL TO RE-APPOINT LAIRD CHAMBERS, JIM CITY COUNCIL MEETINGS MINUTES May 5, 1998 - Page 5 BAKERANDH. DAVID KAPLAN; EACH TO THREE YEAR TERMS ON THE COMMISSION; second by Deputy Mayor Park. The motion carried as follows: Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park yes yes yes Councilmember Dovey then MOVED APPROVAL TO ALLOW CURRENT ALTERNATES ON THE PARKS & RECREATION COMMISSION TO SERVE AS REGULAR, VOTING MEMBERS, FOR A PERIOD OF ONE YEAR; due to an increased work load on the commission; second by Councilmember Gates. The motion carried as follows: Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park b. A WC Voting Delegates Appointments yes yes yes It was the consensus of Council to APPOINT PHILIP KEIGHTLEY, JEANNE BURBIDGE AND LINDA KOCHMAR AS A WC VOTING DELEGATES; AND TO NAME ALL OTHER COUNCILMEMBERS AS ALTERNATES SHOULD ONE OF THE APPOINTEES BE UNABLE TO BE VOTE. Council voted on the suggested appointments as follows: Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park c. Silm Code Incentive Letter Approval (ADDED ITEM) yes yes yes Councilmember Gates MOVED APPROVAL OF SENDING THE PROPOSED CORRESPONDENCE TO ALL WHO QUALIFY (THOSE WITH FREE STANDING SIGNS ONLY); second by Deputy Mayor Park. The correspondence outlines the incentive program which, in part, includes reimbursement of 25% (to a maximum of $2,000.00) toward sign expenses, waiver of sign permit fees by the City, rapid processing of the permits, financing, etc. CITY C 0 UN en. ME E TIN G S MINUTE S May 5, 1998- Page 6 Dan Casey spoke and did not know this item was going to be added to the agenda. He is in support of the program, but has reservations about the program. Councilmember Watkins stated we are well ahead of schedule and should slow down a bit. Other discussion centered around where the process is right now, funding, people being encouraged by the program and waiting for the correspondence. He then MOVED TO DEFER ACTION/CONSIDERATION OF TIllS ITEM UNTIL THE MAY 19 REGULAR COUNCIL MEETING~ second by Councilmember Kochmar. Discussion on the issue resumed. Councilmember Dovey encouraged the Council to move forward with this motion and not "micro- manage" Ms. Coates by trying to dictate the content of the correspondence or when it is sent. Councilmember Kochmar stated we represent 76,000 people. She also feels ready to proceed with the issue and therefore, withdraw her second to Councilmember Watkins motion to defer. The MOTION TO DEFER ACTION/CONSIDERATION OF TIllS ITEM UNTIL THE MAY 19 REGULAR COUNCIL MEETING therefore died for lack of a second. The motion to approve the sending of the correspondence carried as follows: Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park yes yes yes Vll. INTRODUCTION ORDINANCE Council Bill #1 95/Authorization for Latecomer's Al!l'eementlLake 6 Imorovements AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, W ASIDNGTON, ADOPTING AN ASSESSMENT REIMBURSEMENT AREA AND AUTHORIZING EXECUTION OF A LATECOMER'S AGREEMENT TO PROVIDE PARTIAL REIMBURSEMENT FOR THE COST OF IMPROVEMENTS TO REGULATED LAKE NO.6. Deputy City Clerk Bob Baker read Council Bill #195. Councilmember Watkins MOVED APPROVAL TO FORWARD COUNCIL BILL #195 TO SECOND READINGÆNACTMENT ON MAY 19,1998, SUBJECT TO THE APPLICANT PAYING THE $2,221.00 FEE ASSOCIATED WITH THE LATECOMER'S AGREEMENT; second by Councilmember Dovey. The motion carried as follows: .' CITY COUNCIL MEETINGS MINUTES May 5, 1998 - Page 7 Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park yes yes yes VIII. CITY MANAGER REPORT Mr. Nyberg announced the Spring Recycling Day on Saturday, May 9. He also announced the need for an additional item to be considered during executive session - Union Negotiations - Pursuant to RCW 42.30.110(4)(a) IX. CITY COUNCIL REPORTS Councilmember Dovey noted cancellation of the May 11 Parks & Recreation Committee meeting. Councilmember Watkins noted the next Land UselTransportation Committee meeting is scheduled for a new time of5:15 p.m., on May 18. He also noted an ACC retreat on May 9. Councilmember Burbidge noted her attendance at a watershed meeting in Puyallup, wherein J effPratt made a fine presentation to the group. She also noted discussion of the Regional Governance and Finance discussion at the Suburban Cities Association last week wherein they reviewed the 3/13/98 proposal. Councilmember Gates reported on regional committee issues. Councilmember Kochmar thanked Cary Roe, Stephen Clifton and Phil Watkins for their recent bus ride wherein Council visited other cities while considering issues relative to the downtown design standards. Deputy Mayor Park noted his visit to Sherry Axson recently and to the Westway community. He stated it was a pleasurable visit. He stated he will attend a May 13 Private Industry Council meeting. Mayor Gintz noted perhaps the time has come once again to do a day of clean up at Westway (Day of Caring). Councilmember Gates MOVED TO SUSPEND COUNCIL RULES TO WORK BEYOND THE 10:00 P.M. HOUR; second by Councilmember Watkins. The motion carried as follow: CITY C 0 UN en. ME E TIN G S MINUTE S May 5, 1998 - Page 8 Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park yes yes yes At 9:32 p.m., Mayor Gintz recessed the regular meeting for Council to begin executive session. x. EXECUTIVE SESSION Property Acquisition/Pursuant to RCW 42.30. 1 1O(1)(b) LitigationlPursuant to RCW 42.30.110(l)(i) Union Ne~otiationslPursuant to RCW 42.30.110(4)(a) ADDED ITEM At 10:07 p.m., Assistant City Attorney Bob Sterbank noted an additional: 10 minutes were needed. At 10:15 p.m., Assistant City Attorney Bob Sterbank noted an additional :15 minutes were needed. At 10:25 p.m., Mayor Gintz reconvened the regular meeting. Councilmember Watkins MOVED TO DIRECT AND AUTHORIZE THE CITY MANAGER TO CLOSE THE ACQUISITION OF CERTAIN REAL PROPERTY REQUIRED BY THE CITY IN CONNECTION WITH THE STREET WIDENING PROJECT AS SO. 312TH STREET EAST OF IDGHWAY 99, PURSUANT TO THE TERMS OF CERTAIN PURCHASE AND SALE AGREEMENTS WITH VARIOUS PROPERTY OWNERS FOR THE PURCHASE PRICE LISTED AND COVERING THE PROPERTIES LOCATED AT: A. B. C. D. 31202 PACIFIC IDGHW A Y SOUTH 1702 SO. 312TH STREET 2201 SO. 312TH STREET 1816 SO. 312TH STREET PURCHASE PRICE OF $2,900.00 PURCHASE PRICE OF $6,000.00 PURCHASE PRICE OF $19,824.00 PURCHASE PRICE OF $19,780.00 The motion, seconded by Councilmember Dovey, carried as follows: Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park yes yes yes Councilmember Watkins then MOVED APPROVAL TO DIRECT AND AUTHORIZE THE CITY MANAGER TO CLOSE THE ACQUISITION OF CERTAIN REAL PROPERTY REQUIRED BY THE CITY IN CONNECTION WITH THE STREET IMPROVEMENT PROJECT AT SO. 336TH STREET AT SR 99, PURSUANT TO THE TERMS OF A CERTAIN REAL ESTATE PURCHASE AND SALE AGREEMENT DATED MAY 1, 1998, BETWEEN THE CITY, AS CITY COUNCIL MEETINGS MINUTES May 5, 1998 - Page 9 PURCHASER AND RAJINDER JORAL AND KUL WINDER JORAL, HUSBAND AND WIFE, AS SELLER COVERING CERTAIN REAL PROPERTY LOCATED AT THE SOUTHWEST CORNER OF SO. 3361H STREET AND SR 99, FEDERAL WAY, WASIllNGTON FOR A PURCHASE PRICE OF $37,317.50; second by Councilmember Gates. The motion carried as follows: Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park yes yes yes XI. AD J 0 URN1\ŒNT Having no other business to come before the Council, the meeting was adjourned at 10:26 p.m. Robert H. Baker Deputy City Clerk MEETING DATE: May /9, 19~B ITEM# :JZ: ((f-.l ...............................................................,............ ............................................................",................. .......................................... .................................,............ CITY OF FEDERAL WAY City Council AGENDA ITEM .. . ~Y..~ .~ç I.;.. .~.~! ~ Ç.~.!!1.. ~ r~..A g r ~ .~.!!1.. ~!l.. t f~.!"..~ .!".~t!'..~ g ~.J !!!p.r~.Y..~.!!1.. ~!!!.~..! ~ ..~!~~.. §........... CATEGORY: BUDGET IMPACT: _CONSENT .x.. ° RD IN AN CE _BUSINESS _HEARING FYI _RESOLUTION _STAFF REPORT _PROCLAMATION _STUDY SESSION _OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ... ............,......... ..". ...........................................................................................................",.... ......... .............. ....... '..."""""""""""""'." '."""'" ...............,......... AITACHMENTS: 1. 2. April 15, 1998 Memorandum to Phil Watkins, Land Use and Transportation Committee Chair 1Ì"om Cary Roe, Director of Public Works. Ordinance Adopting an Assessment Reimbursement Are and Authorizing Execution of a Latecomers Agreement for Drainage Improvements to Lake 6. Latecomers Agreement for Drainage Improvements to Lake 6. 3. ................................................................"........................................................................................................................,............. ............................................ SUMMARYIBACKGROUND: In 1997, improvements to Lake 6 were completed to accommodate and receive mace water runoff1Ì"om two properties, i.e., 348th Street Professional Building and St. Francis Medical Office Building. Additional Wldeveloped properties within the drainage basin also benefit 1Ì"om the improvements because future development of the Wldeveloped parcels will allow the developers the option of draining to Lake 6 or providing on-site detention. Upon receipt of an applicant's request, the City may establish an assessment reimbursement area and enter into a latecomers agreement to provide partial reimbursement to the parties who constructed the Lake 6 improvements. Attached you will find an Ordinance and Latecomers agreement to accomplish this. The April 15, 1998 memorandum to Phil Watkins contains additional information on this matter. .........................................................................................,................................................................................................."........... ....""""""""."""""'..""""" CITY COUNCIL COMMITTEE RECOMMENDATION: At the April 15, 1998 LUTC meeting, committee members voted unanimously to approve an Ordinance to adopt an assessment reimbursement area and authorization to execute a Latecomers Agreement for Lake 6. . . . ~; ~ . ~ ¡ ~ ~;. ~ ~ ~.~ ;; ¡; ~ ~ ~ ~ . . . ~... ~ . . ~. .¡ . .~ . . . ~. .....................................................~..................................................................................................................~..ð.~......................... ."..... APPROVED FOR INCLUSION IN COUNOL PACKET: éftJp (BELOW TO BE COMPLETED BY CITY CLERK'S OFF1CE) COUNCIL ACfION: _APPROVED DENIED - T ABLEDillEFERREDINO ACfION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # /9 s:- ,'")5 J1F: .. CITY OF .. ~ E:I:J ~ ~~~ DATE: Apri115, 1998 TO: Phil Watkins, Federal Way Land Use Committee Chair Cary M. Roe, P.E., Director ofPubIíc Works M~J/ Stephen Clifton, AICP, Development Services _._~ Latecomers Agreement for Lake 6 FROM: SUBJECT: In 1997, improvements to Lake 6 were completed to accommodate and receive surface water runoff from two properties, i.e., 348th Street Professional Building and St. Francis Medical Office Building depicted as Owner Properties on Exhibit A of the attached proposed ordinance. Specifically, the improvements include construction of drainage facilities and a 20-foot earthen berm to improve storage capacity for the drainage basin in the surrounding area. Improvements were completed by R & F properties and Medical Real Estate Services L.L.C ("Owners"). Within the drainage basin, additional undeveloped properties drain towards and into Lake 6; these properties are depicted as Benefiting properties on Exhibit A of the attached proposed ordinance. These properties benefit from the Lake 6 improvements because future development of the Benefiting parcels require storm drainage detention and the developers will have the option of draining to Lake 6 or providing on-site detention. Pursuant to RCW 35.72 and FWCC 20-210, the City may establish an assessment reimbursement area and enter into a latecomers agreement to provide for partial reimbursement to property "Owners" who bear the initial cost of constructing the Lake 6 improvements. -The "Owners' have requested that the City do so, and agree to enter into a latecomers agreement, to provide the opportunity for other property owners to partially reimburse the "Owners" for a portion of the Improvements' cost and expenses. Attached you will find an Ordinance and Latecomers Agreement for Lake 6 to accomplish this. Federal Way Staff requests that the Land Use and Transportation Committee recommend that the City Council adopt the proposed ordinance establishing an assessment reimbursement area and authorizing the City Manager to execute the latecomers agreement with R & F Properties and Medical Real Estate Service L.L.C. DRAFT 1/~7/fP '. ORDINANCE NO. . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ADOPTING AN ASSESSMENT REIMBURSEMENT AREA AND A1JTHORIZING EXECUTION OF A LATECOMER'S AGREEMENT TO PROVIDE PARTIAL REIMBURSEMENT FOR THE COST OF IMPROVEMENTS TO REGULATED LAKE NO.6 WHEREAS, R&F Properties, a Washington general partnership, and Medical Real Estate Services L.L.C., a Washington limited liability company ("Owners"), are the owners of certain real property located in the vicinity ofRegu1ated Lake No.6 ("Lake 611), near 9th Avenue South and South 348th Street in Federal Way, Washington; and WHEREAS. the Owners have completed a street project. as defined in RCW 35.72.020(4), at their expense near their property and adjacent to Lake 6; and WHEREAS, the project includes stonn drainage fàciIities, including detention facilities and a 20-foot earthen berm to Lake 6 ("Improvements"), which are more specifically described in the Off-Site Improvements Lake No.6. Sheets 1 and 2, on file with the City of Federal Way in File No. BLD 92-2359; and WHEREAS, the construction and installation of the Improvements was in the public interest; and WHEREAS, certain parcels of real property (IIBenefitted Properties") adjacent to or near the Owners' Property will receive benefits from the Improvements, because future development of those parcels will require stonn drainage detention that can be provided by the Improvements; and , . .' ORD# . PAGE 1 .' WHEREAS, The Owners have paid all costs and expenses, totaling Seventy-eight Thousand, eight hundred thirty-nine and 78/1oo's dollars ($78,839.78) ("Total Cost"), for the construction and installation of the Improvements; and WHEREAS, there are no adjoining property owners presently available to share in the cost and expenses of the Improvements; and WHEREAS, RCW 35.72 and Federal Way City Code ("FWCC") FWCC 20-206 - 20-214 pennit the City to establish assessment reimbursement areas and enter into "latecomers" agreements to provide for partial reimbursement to property owners who bear the initial cost of street projects which benefit other property owners; and WHEREAS, in return for construction of the Improvements at their sole cost and expense, the Owners have requested that the City agree to enter into a latecomers agreement, to provide the opportunity for other property owners to partially reimburse the Owners for a portion of the Improvements' costs and expenses; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. The Federal Way City Council hereby adopts the following findings of fact: A All recitals stated above are hereby adopted as findings of fact. B. In response to the Owners' request, the City prepared a preliminary Assessment Reimbursement Area indicating which parcels have benefitted tram construction of the Improvements. The Assessment Reimbursement Area is shown on Exhibit A attached to this Ordinance. ORD# , PAGE 2 '. C. - The Benefitted Properties are legally described as shown in Exhibit B attached to this Ordinance. D. On January 16, 1998, the City provided notice, via certified mail (return receipt requested) and pursuant to RCW 35.72.040(2) and FWCC 20-209, to the owners of the Benefitted Properties. E. No owner of a Benefitted Property requested a public hearing. F. Adoption of an Assessment Reimbursement Area and authorization of the City's entry into a latecomers' agreement will further the public health, safety and welfare of the citizens of the City of Federal Way, because it will make additional surface water detention capacity available for other properties at an reasonable cost, thus providing additional flood protection as well as an incentive for additional economic development. Section 2. Adoption of Assessment Reimbursement Area. Pursuant to RCW 35.72.040 and FWCC 20-210, the City Council hereby adopts the Lake No.6 Assessment Reimbursement Area, as shown on the map attached as Exhibit A to this Ordinance. Section 3. Authorization to C~ Manager to Execute Latecomers' Agreement. In consideration for the Owners' construction of the Improvements at their sole cost and expense, and pursuant to RCW 35.72.010, .030 and .040 and FWCC 20-210, the City.Çouncil hereby authorizes the City Manager to execute a latecomers' agreement in substantially the form attached hereto as Exhibit C with R&F Properties and Medical Real Estate Services LL.C. The latecomers' agreement shall require owners of the Benefitted Properties to pay, upon development, their pro rata shares of the Total Cost of the Improvements. The pro rata share shall be detennined according to the fonnula set forth in Paragraph 2.2 of Exhibit C. ORD# . PAGE 3 ." Section 4. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subåivision, 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 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affinned. Section 6. 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 day of , 1998. CITY OF FEDERAL WAY MAYOR, RON GINTZ ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC ORD# . PAGE 4 . 'APPROVED AS TO FORM: CITY ATIORNEY. LONDI K. LINDELL FILED WITH TIlE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. K:\ORDIN\latecomc.1k6 . ORD# . PAGE 5 -- --------------- - -- - - - -.- I I I I I I I I I I Latecomer's Agrsl Jnt for Detention Improvement to Lake #6 . I I Exhibit A I I I I I I I ~ Assess. Reimbursement Area lake #6 I Parcels I .. Benefitting Properties I .. Owner PropertIes I I I N + I I I I ----------- - - - - - - - t- f SCALE 1 :4392 Notø: Thl. map 1.lntenl8d fer u.... 8111'8p111o81 IWpruenl8tfDn ønIy. The City of Feder81 W.Y mllkN no W8II'8I1Iy ..to II 8DlXnØy. Federal Way CityMap .' EXHIBIT "B" LEGAL DESCRIPTIONS BENEFITED PROPERTIES - . ESM inc. A CIVIL ENGINEERING, LAND SURVEY, AND PROJECT MANAGEMENT CONSULTING FIRM (I .' Lake No.6 Detention Facility Job No. 265-12-940-005 Tax Parcel Numbers: 926480-0060-02 926480-0070-00 LEGAL DESCRIPTION (faxpayer: James E. Hurt) Lots 6 and 7 of "West Campus Business Park" according to the plat thereof filed in Volume 97 of Plats, Pages 78 through 82, inclusive, Records of King County, Washington. ,..... cr I ('I (\I I ('i Written by: MRB Checked by: C.A.F. EXPIRES: / - / 8 - 'I'i \\esm\sys\csm-jobs\265\ 12\document\265121.doc 720 South 348th Street. Federal Way. Washington 98003 Federal Way (206) 838-6113 . Tacoma (206) 927-0619 . Seattle (206) 623-5911 . Fax: (206) 838-7104 ESM inc. A CIVIL ENGINEERING, LAND SURVEY, AND PROJECT MANAGEMENT CONSULTING FIRM Lake No.6 Detention Facility Tax Parcel Number: Job No. 265-12-940-005 926480-0010-03 I .. LEGAL DESCRIPTION (Taxpayer: Waller Road Associates IV) THAT portion of the northeast quarter of the southwest quarter of Section 20, Township 21 North, Range 4 East, W.M., more particularly described as follows: COMMENCING at the southwest comer of Lot 2 of "West Campus Business Park" according to the plat thereof filed in Volume 97 of Plats, Pages 78 through 82, inclusive, Records of King County, Washington; TIIENCE along the westerly line of said Lot 2, N 01°14'49" E, 329.00 feet to the TRUE POINT OF BEGINNING; THENCE continuing along said easterly line, N 01°14'49" E, 168.26 feet; THENCE S 88°26'19" E, 297.60 feet; THENCE S 01014'49" W, 14.30 feet; " THENCE S 25002'15" E, 167.76 feet; THENCE S 71°58'57" E, 19.08 feet; THENCE S 01°16'17" W, 1.04 feet; THENCE N 71058'57" W, 15.95 feet; THENCE N 88°44'52" W, 374.88 feet to the TRUE POINT OF BEGINNING. ALSO KNOWN as Lot 1 of unrecorded King County Lot L.ne Ad.ustment Number 8906016, as approved August 3 I, 1989. t'I " Written by: MRB Checked by: C.A.F. "- 0"- , t'I \\1 f:\esm-jobs\26S\ 12\document\26S 123.doc 720 South 348th Street. Federal Way. Washington 98 Federal Way (206) 838-6113 . Tacoma (206) 927-0619 . Seattle (206) 623-5911 ESM inc. A CIVil ENGINEERING, LAND SURVEY, AND PROJECT MANAGEMENT CONSULTING fiRM (I Lake No.6 Detention Facility Job No. 265-12-940-005 Tax Parcel Number: 202104-9101-06 LEGAL DESCRIPTION (Taxpayer: I$S LLC) The south 400.00 feet of the east 100.00 feet of the east half of the west half of the northwest quarter of the southeast quarter of Section 20, Township 21 North, Range 4 East, W.M., King County, Washington; EXCEPT the south 50.00 feet for South 34Sth Street, TOGETIIER WITH that portion of Lot 4 of "West Campus Business Park" according to the plat thereof recorded in Volume 97 of Plats, Pages 78 through 82, inclusive, Records of King County, Washington, lying northerly and northeasterly of the following described line; COMMENCING at the northwest corner of said Lot 4; TIŒNCE southerly along the easterly margin of 9th Avenue South, S 01021'10" W, 115.00 feet to the 1RUE POINT OF BEGINNING; THENCE S 88°39'49" E, 187.69 feet to a point of curvature; TIŒNCE southeasterly 94.26 feet along the arc of a tangent curve to the right, through a central angle of 90000'59" to the easterly line of said Lot 4 AND the tenninus of said line. ALSO KNOWN as Lot 2 of unrecorded King County Lot Line Adjustment Number 8812010 as approved May 2, 1989. Written by: MRB Checked by: C.A.F. \\csm\sys\esm-jobs\26S\ 12\document\2 720 South 348th Street. federal Way, Washington 98003 federal Way (206) 838-6.113 . Tacoma (206) 927-0619 . Seattle (206) 623-59.11 . Fax: (206) 838-7104 . After Recording, return to: City of Federal Way Public Works Dep811mcnt Attn: Stephen Clifton 33530 1st Way South Federal Way. W A 98003 DR AFT '/à7/9? Permit Number LA TECO MERS AGREEMENT JlOR DRAINAGE IMPROVEMENTS TInS LATECOMERS AGREEMENT (" Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), on the one band, and R&F Properties, a Washington general partnership, and Medical Real Estate Services LL.C., a Washington limited liability company ("Owners"). on the other. refeøed to collectively herein as "the Parties." A The Owners are the owners of certain real property located in Federal Way. Washington, legally descnDcd in Ex1uòit II A" attached hereto and inoorporated herein by this reference (" Owners' Property"). B. The Owners have completed a street project, as defined in RCW 35.72.020(4) at their expense and on and/or near Owners' property. The street project includes stonn drainage facilities. including detention facilities and a 20-foot earthen benn to Lake No.6 ("Improvements"). The Improvements are more specifically described in the Off-Site Improvements Lake No.6. Sheets 1 and 2. on file with the City of Federal Way in File No. BID 92-2359. C. Certain parcels of real property adjacent to or near the Owners' Property will receive benefits nom Improvements. because future development of the parcels will require stonn drainage detention that can be provided by the Improvements. The benefitted property is legally described in Exhibit liB II attached hereto and incorporated herein by this reference ("Benefitted Properties"). D. There are no adjoining property owners presently available to share in the cost and expenses of the Improvements. E. The construction and installation of the Improvements was in the public interest. F. The Owners have paid all costs" and expenses. totaling Seventy-eight Thousand. eight hundred thirty-nine and 78/100's ($78,839.78) ("Total Cost"), for the installation of such improvements. - I - Ex hi bit c. G. In return for the Owners' construction of the Improvements at their sole cost and expense. the Owners have requested that the City agree to enter into an agreement pursuant to FWCC 20-206 - 20-214 and RCW 35.72, to provide the opportunity for other property owners to partially reimburse the Owners for a portion of the Improvements' costs and expenses. H. In response to the Owners' request, the City prepared a preliminary Assessment Reimbursement Area in which the Benefitted Properties are located. and provided notice to the owners of the Benefitted Properties by certified mail on January 16, 1998, pursuant to RCW 35.72.040(2) and FWCC 20-209. I. No owner of a Benefitted Property requested a public hearing within twenty (20) days of the date of the notice. 1. On . the Federal Way City Council adopted Ordinance No. 98----, establishing an Assessment Reimbursement Area comprised of the Owners' Property and the Benefitted Properties, and Connally adopting the method of calculation of the Benefitted Properties' owners' pro rata shares of the Total Cost. I. In consideration for the Owners' construction of the Improvements at their sole cost and expense, and in furtherance of the purpose of Ordinance No. 98----, the City agrees to enter into this agreement to provide the opportunity for other property owners to partially reimburse the Owners for a portion of the Improvements' costs and expenses. NOW THEREFORE, the parties agree as follows: 1. Assessment Reimbursement Area. The Assessment Reimbursement Area shall be that area established by Ordinance No. 98-~ as shown on the map attached as Exhibit c. 2. Reimbursement. 2.1 Latecomer's Obligation to Reimburse. Any owner of the Benefitted Properties ("Latecomer"), who: (1) did not contribute to the original cost of the Improvements; (2) elects to develop his or her respective property within the tenn of this agreement; and 1.3) at the time of development is not required to install any drainage improvements as a result of the Owners' installation of the Improvements; shall not be granted a pennit for the development without first paying to the City (m addition to any and all other costs, fees, and charges associated with permits, inspections or for street, signalization, and lighting improvements) his or her pro rata share of the Total Cost of the Improvements. A Latecomer's pro rata share shall be determined as provided in Subsection 2.2 below. 2.2 Pro Rata Share. A Latecomer's pro rata share of the Total Cost shall be determined by the Public Works Director or his or her designee, using.the square footage method shown below. Under the square footage method, a Latecomer's pro rata share shall be the Total Cost multiplied by the ratio of the total square footage of a Latecomer's property to 'the total square footage of the Assessment Reimbursement Area. -2- ;:"",. "...... ..... '. Total square footage of Latecomer's property = X Total square footage of Assessment Reimbursement Area = Y Total Cost = $78,839.78 Pro rata share = S X/Yx $78,839.78 = S The decision of the Director of Public Works or his or her designee in determining the amount due ftom any Latecomer shall be ~ conclusive and not subject to appeal. 3. P~ment to Owner. The City agrees to pay all amounts received from Latecomers to the Owners ("Latecomers Fees") within thirty (30) days after receipt thereof: subject to the following: 3.1 The Owners shall be responsible for informing the City of their current and correct mailing address. The City shall make a good fàith effort to locate the Owners and in the event the City is unable to do so, the Latecomers' Fees shall be deposited in a Special Deposit Fund, to be held by the City for a period of up to two (2) years following the City's receipt of the fees. The City shall be entitled to interest on any Latecomers' Fees held in the Special Deposit Fund. At any time within this two (2)-year period, the Owners may receive the Latecomers' Fees, without interest, by requesting the fees and notifying the City of the Owners' then current mailing address. After the expiration of the two (2)-year period, all rights of the Owners to any Latecomers Fees shall terminate, and the City shall be deemed to be the owner of such funds. The Owners hereby assign to the City all of the Owners' right, title and interest in and to any Latecomer's Fees in the event the City is unable to locate the Owners to tender the same and the Owners do not notify the City as provided herein within the two (2)-year period. 3.2 The City shall not collect any Latecomers Fees after the expiration of the Term of this Agreement. 4. x n i The tenn of this Agreement is for a period of ten (10) years, commencing the dat this Agreement is recorded and terminating ten (10) years thereafter; provided, however, that if authorized by the Federal Way City C°1!~cil, this Agreement may be extended for one (1) additional five (5) year period. The extension måy be granted upon a written request by the Owner prior to the expiration of the iniûal ten (10) year period. . 5. Drainage System - Title to hQprovements. The Owners agree that the Improvements are part of the storm water drainage system of the City. The Owners hereby transfer to the City all of the Owners' right, title and interest remaining in and to the Improvements. The City reserves the right, without affecting the validity or terms of this Agreement, to make or cause to be made extensions to or additions of the Improvements, without liability on the part of the City. 6. Recording. The Owners shall record this Agreement with the King County Auditors Office within thirty (30) days of execution of this Agreement by the City and the -3- , \ .' Total square footage of Latecomer's property = X Total square footage of Assessment Reimbursement Area = Y Total Cost = $78,839.78 Pro rata share = S X/Y x $78,839.78 = S The decision of the Director of Public Works or his or her designee in determining the amount due from any Latecomer shall be final, conclusive and not subject to appeal. 3. Payment to Owner. The City agrees to pay all amounts received ftom Latecomers to the Owners ("Latecomer's Fees") within thirty (30) days after receipt thereof: subject to the following: 3.1 The Owners shall be responsible for informing the City of their current and correct mailing address. The City shall make a good fidth effort to locate the Owners and in the event the City is unable to do so, the Latecomers' Fees shall be deposited in a Special Deposit Fund, to be held by the City for a period of up to two (2) years following the City's receipt of the fees. The City shall be entitled to interest on any Latecomers' Fees held in the Special Deposit Fund. At any time within this two (2)-year period, the Owners may receive the Latecomers' Fees, without interest, by requesting the fees and notifying the City of the Owners' then current mailing address. After the expiration of the two (2)-year period, all rights of the Owners to any Latecomer's Fees shall tenninate, and the City shall be deemed to be the owner of such funds. The Owners hereby assign to the City all of the Owners' right, title and interest in and to any Latecomer's Fees in the event the City is unable to locate the Owners to tender the same and the Owners do not notify the City as provided herein within the two (2)-year period. 3.2 The City shall not collect any Latecomers Fees after the expiration of the Term of this Agreement. 4. TermlExtension of Agreement. The tenD of this Agreement is for a period often (10) years, commencing the date this Agreement is recorded and terminating ten (10) years thereafter, provided, however, that if authorized by the Federal Way City Co~p.cil, this Agreement may be extended for one (1) additional five (5) year period. The extension may be granted upon a written request by the Owner prior to the expiration of the initial ten (10) year period. 5. Drainage System - Title to Improvements. The Owners agree that the Improvements are part of the stonn water drainage system of the City. The Owners hereby transfer to the City all of the Owners' right, title and interest remaining in and to the Improvements. The City reserves the right, without affecting the va\idity or terms of this Agreement, to make or cause to be made extensions to or additions of the Improvements, without liability on the part of the City. 6. Recording. The Owners shall record this Agreement with the King County Auditor's Office within thirty (30) days of execution of this Agreement by the City and the -3- . . Owners. The Owners shall pay all costs of recording. 7. Enforcement. The City does not assume or bear any responsibility to enforce this Agreement. This Agreement will be a matter of public record and will serve as a notice to all potential Latecomers, The Owners shall be responsible to monitor those parties enjoying the Improvements. In the event the City becomes aware of a Latecomer, it will use its best efforts to collect the Latecomer's Fee, but shall not incur any liability to Owners or others should it fail to collect such fee. 8. Indemnification. The Owners agree to indemnify, hold harmless, and agree to defend the City, its elected officials, officers. employees, agents, and volunteers ftom any and all claims, demands, losses, actions and liabilities (mc1uding Latecomer's Fees, costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising ftom, resulting from, or connected with this Agreement or the construction or installatiòn of the Improvements. 9. Equal Opportunity Employer. In all of the Owners' activities, hiring and employment made possible by or resulting ftom this Agreement, there shall be no discrimination against any person because of sex, sexual orientation, age (except minimum age and retirement provisions), race, color, creed, national origin, marital status or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification. 10. General Provisions. 10.1 Entire Agreement. TIüs Agreement contains all of the agreements of the parties and no prior agreements or understandings pertaining to any such matters shall be effective for any purpose. 10.2 Modification. No provision of this Agreement may be amended or added to except by agreement in writing signed by the parties. 10.3 Full Force and Effect. Any provision of this Agreemeñt which is declared invalid, void or illegal shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. 10.4 Covenant Running With the Land. This Agreement shall inure and be for the benefit of the Owners and the Benefitted Properties' owners, and the benefits and burdens of this Agreement shall be a covenant running with the land and be binding upon R&F Properties, Medical Real Estate Services, L.L.C., the City of Federal Way, and the owners of the Benefitted Properties, and each and every of their respective successors in interest, heirs, beneficiaries or assigns. -4- 10.5 Attorney Fees. In the event either party defaults on the performance of any terms in this Agreement, and this Agreement is placed in the hands of an attorney, or suit is filed, the prevailing party shall be entitled to an award of its reasonable attorneys' fees, costs and expenses, subject to the provisions of Paragraph 8 above. The venue for any dispute related to this Agreement shall be King County, Waslùngton. 10.6 No Waiver. Failure of the City to declare any breach or default immediately upon the occurrence thereot: or delay in taking any action in connection with, shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. 10.7 Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. 10.8 Authority. Each individual executing this Agreement on behalf of the City and the Owners represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the Owners or the City. 10.9 Notices. Any notices required to be given by the City to the Owners or by the Owners to the City shall be delivered to the parties at the addresses set forth below. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail. postage prepaid, to the address set forth herein. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. If to the City, to: Public Works Director City of Federal Way 33530 - 1st Way South Federal Way, W A 98003 (253) 661-4000 If to R&F Properties, to: Robert D. Scholes R&F Properties (DBA Emerald Professional Center, LLC) 720 South 348th Street Federal Way, W A 98003 (253) 838-6113 -5- '. If to Medical Real Estate Services, L.L.C., to: Steve Skony 105 Central Way, Suite 203 Kirkland, WA 98033 10.10 Captions. The respective captions of the paragraphs of this Agreement are inserted for convenience of reference only and sba1l not be deemed to modify or otherwise affect in any respect any of the provisions of this Agreement. 10.11 Warran~. The Owners warrant that: (1) they are the fee simple owners of the property legally described in Exhibit A. and have the legal ability to encumber that property through this Agreement; (2) all work performed in connection with the Improvements fully complies with all applicable federal, state and City laws;.including without limitation all City codes. ordinances, resolutions, policies. standards and regulations; (3) all expenses and claims in connection with the construction and installation of the Improvements, whether for labor or materials, have been or will be paid in full by the Owners; and (4) the total cost ofconstIUction of the Improvements is equal to Seventy-eight Thousand, eight hundred thirty-nine and 78/1OO's ($78,839.78) ("Total Cost"). DATED this - day of .19_. CITY OF FEDERAL WAY By: Kenneth E. Nyberg. City Manager 33530 1st Way South Federal Way, W A 98003 ATTEST: City Clerk, N. Christine Green, CMC -6- . .APPROVED AS TO FORM: City Attorney, Londi K Lindell CITY NOTARIZATION STATE OF W ASmNGTON ) ) ss. COUNTY OF KING ) OWNER R&F Properties (Signature) (print Name) (Address) O~ . Medical Real Estate Services, L.L.C. (Signature) (print Name) (Address) I certify thát I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. -7- On this day of . 19--, before me personally appeared Kenneth E. Nyberg, to me known to be the City Manager of the City of Federal Way, a municipal corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the ftee and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said ~rument. WITNESS my hand and official hereto affixed the day and year first above written. Notary Public in and for the State of Washington, residing at My commission expires " -8- . , " OWNER NOTARIZATION STATE OF WASHINGTON) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. . 19---, before me personally appeared . to me known to be the ofR&F Properties (DBA Emerald Professional Center, LLC, that executed the within and foregoing instrument, and acknowledged the said instrument hislher ftee and voluntary act and deed, for the uses and purposes therein mention~ and on oath stated that he/she has executed said instrument. On this - day of WITNESS my hand and official hereto affixed the day and year first above written. Notary Public in and for the State of Washington, residing at My commission expires OWNER NOTARIZATION STATE OF W ASIllNGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. . 19 ---J before me personally appeared . to me known to be the of Medical Real Estate Services, L,L.C. that executed the within and foregoing instrument, and acknowledged the said instrument hislher free and voluntary act and deed, for the uses and purposes therein mentioned, and on oath stated that he/she has executed said instrument. On this - day of WITNESS my hand and official hereto affixed the day and year first above written. Notary Public in and for the State of Washington, residing at My commission expires k: \pubwork\Ia tecome.lk6 -9- . ...'... -"""" . EXHIBIT" A" LEGAL DESCRIPTIONS OWNER'S PROPERTY - '" ... '." .'" -----... ESM inc. A CIVil ENGINEERING, LAND SURVEY, AND PROJECT MANAGEMENT CONSUlTING FIRM I . . Lake No.6 Detention Facility Job No. 265-12-940-005 Tax Parcel Numbers: 202104-9132-09 202104-9154-02 LEGAL DESCRIPTION (Taxpayer: R & F Properties) Parcell of City of Federal Way Lot Line Elimination No. 96-0001 filed under Recording No. 9605080902, Records of King County, Washington; t"- O"" I ~ Ç'1 I N Written by: MRB Checked by: C.A.F. f:\esm-jobs\265\ 1 2\document\265 I 24.doc 720 South 348th Street. Federal Way. Washington 98003 Federal Way (206) 838.6113 . Tacoma (206) 927-0619 . Seattle (206) 623-5911 . Fax: (206) 838-7104 . .1 "...,. "...",.,. ... ......-......-..................-.,."'w"....... .............'....--. , ,."_.."..,.,, '..." .~".'.~-_.. ..-... ..... .' ESM inc. A CIVIL ENGINEERING, LAND SURVEY. AND PROJECT MANAGEMENT CONSULTING FIRM (I Lake No.6 Detention Facility Job No. 265-12-940-005 Tax Parcel Number: 750451-0050-03 LEGAL DESCRIPTION (Taxpayer: St. Francis Medical Center Associates) Tract C-l of "Saint Francis Hospital Binding Site Plan" according to the plat thereof filed in Volume 160 of Plats, Pages 44 through 48, inclusive, Records ofK.ing County, Washington. , ('\I Written by: M.R.B. Checked by: C.A.F. t"- O'" I ~ t'I \\esm\sys\esm-jobs\265\ l2\document\265 l22.doc 720 South 348th Street. Federal Way. Washington 98003 Federal Way (206) 838-6113 . Tacoma (206) 927-0619 . Seattle (206) 623-5911 . Fax: (206) 838-7104 .. '. EXIllBIT "B" LEGAL DESCRIPTIONS BENEFITED PROPERTIES -. ESM inc. A CIVil ENGINEERING, LAND SURVEY, AND PROJEO MANAGEMENT CONSUlTING FIRM (I " Lake No.6 Detention Facility Job No. 265-12-940-005 Tax Parcel Numbers: 926480-0060-02 926480-0070-00 LEGAL DESCRIPTION (Taxpayer: James E. Hurt) Lots 6 and 7 of "West Campus Business Park" according to the plat thereof filed in Volume 97 of Plats, Pages 78 through 82, inclusive, Records of King County, Washington. Written by: MRB Checked by: C.A.F. \\csm\sys\esm-jobs\26S\ 12\document\26S l21.doc 720 South 348th Street. Federal Way, Washington 98003 Federal Way (206) 838-6113 . Tacoma (206) 927-0619 . Seattle (206) 623-5911 . Fax: (206) 838-7104 " ESM inc. A CIVIL ENGINEERING, LAND SURVEY, AND PROJECT MANAGEMENT CONSULTING fIRM Lake No.6 Detention Facility Tax Parcel Number: Job No. 265-12-940-005 926480-0010-03 I] LEGAL DESCRIPTION (Taxpayer: Waller Road Associates IV) THAT portion of the northeast quarter of the southwest quarter of Section 20, Township 21 North, Range 4 East, W.M., more particularly described as follows: COMMENCING at the southwest comer of Lot 2 of "West Campus Business Park" according to the plat thereof filed in Volume 97 of Plats, Pages 78 through 82, inclusive, Records of King County, Washington; -- TIIENCE along the westerly line of said Lot 2, N 01°14'49" E, 329.00 feet to the lRUE POINT OF BEGINNING; THENCE continuing along said easterly line, N 01°14'49" E, 168.26 feet; THENCE S 88°26'19" E, 297.60 feet; THENCE S 01°14'49" W, 14.30 feet; THENCE S 25002'15" E, 167.76 feet; THENCE S 71 °58'57" E, 19.08 feet; THENCE S 01°16'17" W, 1.04 feet; THENCE N 71°58'57" W, 15.95 feet; THENCE N 88044'52" W, 374.88 feet to the lRUB POINT OF BEGIM'UN.G. ALSO KNOWN as Lot 1 of unrecorded King County Lot L'ne Ad.ustment Number 8906016, as approved August 3 1, 1989. (II ....... Written by: MRB Checked by: C.A.F. "'- 0" . ~ \\1 f:\csm-jobs\265\ 12\document\265123.doc 720 South 348th Street. Federal Way. Washington 98 federal Way (206) 838-6113 . Tacoma (206) 927-0619 . Seattle (206) 623-5911 ESM inc. A CIVil ENGINEERING, LAND SURVEY, AND PROJECT MANAGEMENT CONSULTING FIRM I] Lake No.6 Detention Facility Job No. 265-12-940-005 Tax Parcel Number: 202104-9101-06 LEGAL DESCRIPTION (Taxpayer. T.sS LLC) The south 400.00 feet of the east 100.00 feet of the east half of the west half of the northwest quarter of the southeast quarter of Section 20, Township 21 North, Range 4 East, W.M., King County, Washington; EXCEPT the south 50.00 feet for South 34Sth Street; TOGETHER WIlli that portion of Lot 4 of "West Campus Business Park" according to the plat thereof recorded in Volume 97 of Plats, Pages 78 through 82, inclusive, Records of King County, Washington, lying northerly and northeasterly of the following described line; COMMENCING at the northwest comer of said Lot 4; THENCE southerly along the easterly margin of 9th Avenue South, S 01°21'10" W, 115.00 feet to the TRUE POINT OF BEGINNING; " THENCE S 88039'49" E, 187.69 feet to a point of curvature; THENCE southeasterly 94.26 feet along the arc of a tangent curve to the right, through a central angle of 90000'59" to the easterly line of said Lot 4 AND the tenninus of said line. ALSO KNOWN as Lot 2 of unrecorded King County Lot Line Adjustment Number 8812010 as approved May 2, 1989. -, \\esm\sys\csm-jobs\26S\ 12\documcnt\2 Written by: MRB Checked by: C.A.F. 720 South 348th Street. Federal Way, Washington 98003 Federal Way (206) 838-6113 . Tacoma (206) 927-0619 . Seattle (206) 623-5.911 . Fax: (206) 838-7104 I I I I I I I I I I I I \ " , . ~ - - - - - - - ,- f ----------- Note: Thli map II W8nI8d Ibt u.. .. . graphlc8l ~ only. The Cly 01 Federal Way mab8 no W8If81II1.. tD h 8lK1UI8Oy. I ( Latecomer's Agr Tient for Detention ImprO'ldment to . Lake #6 , Exhibit C I I I I I I I N Assess. Reimbursement Area - Lake #6 I 0 Parcels I .. Benefitting Properties I .. Owner Properties I I I N + SCALE 1:4392 Federal Way C.ityMap MEETING DATE: May 19, 1998 ITEM# :¡z- éC) .... ......,...... ...... m ..m................ """ ......, ....... ....". ....... ..,........... ....... ......, ....."...... -.. ..... ... """""""'" .......... ... """"'.. ............ .. """" ".."".""."" ..,.. ...,. ...., CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: South 3Uth Street/14th Avenue South Pedestrian Crossing .... ............., ....... ....,.. ... ........... .. ..... ....... ..................... .........".. """'." ..........,....... - ...,. .........." "" ....... ..........., "".""""."""'" ......,.. .........,......... .........m... CATEGORY: BUDGET IMPACT: RESOLUTION STAFF REPORT PROCLAMA TION STUDY SESSION OTHER X CONSENT ORDINANCE BUSINESS HEARING FYI Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ..... ...... ....... ...... . .............. ""'.""""'."'" ""'" ""'" ""'" ....... ...".. '.""""" ............. . . -. . ..... """"""""" ..."...... .... .................. ... .........", ..............."................ ATTACHMENTS: Memorandum to the April 20, 1998 meeting of the Land Use and Transportation Committee ...... .."'.""""""""""'. ".""""""" ................",. ............. .......................... ..........................................".. ..................... ......,....... m."" ........" """"" ............ SUMMARY /BACKGROUND: The City Council and staff received a petition requesting pedestrian safety improvements at the above intersection as well as increased enforcement of speed limits and pedestrian laws on South 312th Street following a pedestrian injury accident to a Federal Way High School student. Traffic Division staff reviewed the accident history for this location and perfonned traffic volume counts. Fifteen accidents, five of which involved pedestrians, occurred at this intersection over a three year period. A neighborhood meeting was held at Mirror Lake Elementary School on Thursday, March 19th, where the group was infonned that the intersection currently meets warrants for a traffic signal. In order to construct the signal estimated at $180,000.00, the project would have to be added to the Six Year Transportation Improvement (TIP) Program before grant funding could be obtained. Staff will propose this addition to the 1999-2004 TIP during the annual TIP update process. In the interim, staff proposed installing a pedestrian-actuated flasher installed on spare traffic signal mast armpoles which would be located so that they remain useable in the futUre for full signalization. The cost to install an interim flasher is estimated between $25,000.00 and $35,000.00 and would require 2 to 3 months for construction. Since this project has not been budgeted, staff proposes to use existing Public Works Operations funds assuming that there is a surplus at the close of the 1998 budget year. If no surplus exists, the remainder could be funded from the City Manager's contingency fund. More immediately, staff issued a work order to King County to install larger pedestrian warning signs and restripe the crosswalk at this intersection to heighten visibility. These improvements should be installed within the next month. .. .."'.""" ....... .......... '."""""" ............, ...........,. """"""""""""'" .. .. .... . ""'."'" .""'.""""'" ...... .. .... """"""""" ""'."""".'" . ...... """""""""""""""""'" ... '" ................". ......... ...........,. ......". ........ ..... .... .... """"""".""""""'" ........................,.......,.......... 0" ..... ,...... ,..... ..........., ............ .......,.., ................. CITY COUNCIL COMMITTEE RECOMMENDATION: At its April 20, 1998 meeting, the Land Use and Transportation Committee approved the staff proposal to install a pedestrian-actuated flasher mounted on spare traffic signal mast ann poles. Funding would be from existing Public Works Operations funds, unless no surplus exists. If no surplus exists, the remainder could be funded from the City Manager's contingency fund. ... C ~~~..~~ ~ G ~'~.. ~C Õ ~~~ ~ ~ i~.~.:"" ~..; ~.. ~.....:...........,......... ......" n. ..... ...".. ...." ............ ............ ....................."... ""'."""""""""" ......................., ...............,.............. ."""."""'."'. .....I£Æ D. ~.................. APPROVED FOR INCLUSION IN COUNCIL PACKET: ('/ð'p (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # k:\council\agdbiIls\ 1998\3 I 2thped. cc ( - DATE: April 15, 1998 TO: Phil Watkins, Chair Land Use and Transportation Committee Richard A. Perez, City Traffic Engineer IW ....- FROM: SUBJECT: So 312th Street/14th A venue So Pedestrian Crossing ( The City Council and staff received a petition requesting pedestrian safety improvements at the above intersection as well as increased enforcement of speed limits and pedestrian laws on South 312th Street following a pedestrian injury accident to Federal Way High School student. Traffic Division staff reviewed the accident history for this location and performed traffic volume counts. 15 accidents,S of which involve pedestrians, occurred at this intersection over a three year period. A neighborhood meeting was held at Mirror Lake Elementary School on Thursday, March 19th, where the group was informed that the intersection currently meets warrants for a traffic signal. In order to construct the signal, estimated at $180,000, the project would have to be added to the Six Year Transportation Improvement (rIP) Program before grant funding could be obtained. Staff will propose this addition to the 1999-2004 TIP. In the interim, staff proposes to install a pedestrian-actuated flasher installed on spare traffic signal mast arm poles which would be located to be useable with future full signalization. The cost to install an interim flasher is estimated between $25,000 and $35,000, and would require 2 to 3 months- to construct. Since this project has not been budgeted, staff proposes to use existing Public Works operations funds assuming that there is a surplus at the close of the 1998 budget year. If no surplus exists, the remainder could be funded from the City Manager's contingency fund. More immediately, staff has issued a work order to King County to install larger pedestrian warning signs and restripe the crosswalk at this intersection to heighten visibility. These improvements should be installed within the next month. ( RP:jg t: \Jute \1998 \312tbpe>d. MEETING DATE: May 19,1998 ITEM# ~ (L) ..................................................................,..............."""""""""""""""""""""""""""""""""""""""""""""""....................................................................." ............ CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: SW Dash Point Road at 21st A venue SW Road and Signal Improvement Project ........... no ... ......... .... . .. .... ...... ~ ~ ~.~P .~~.~~.. ~~ .~.. ~.~ ~ ~.~ ~ g~.. ~ ~.~ ~~~.................... .............. 0"""""" 0"""""""" .......................................... ......... 0"""'" 0.... CATEGORY: BUDGET IMPACT: ...x. CONSENT _ORDINANCE _BUSINESS _HEARING _FYI _RESOLUTION _STAFF REPORT _PROCLAMA TION _STUDY SESSION _OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ...... .....,........ ................. ....... ......... ....... ...... ...................... .... ............. -......................... .................. ...................................... ................................. ................... .................... ATTACHMENTS: Committee Memorandum to the May 4, 1998 meeting of the Land Use and Transportation ....................................................................................................................................................................................................... ............................................................ SUMMARYIBACKGROUND: Prior to release of retain age on a Public Works construction project, the City Council must accept the work as complete to meet State Department of Revenue and State Department of Labor & Industries' requirements. The above referenced contract with Transtech Electric, Inc. is complete. The final construction contract amount is $404,980.84. This amount is $46,573.57 below the $451,554.41 ....( ~ ~ ~.~ !:l. ~~.~.g.. ~gg .~~. ~.g.~!:l. ~.Y. ).. ~ ~. 9: g.~ ~. ~ ~ ~.~ ..~. ~.~.. ~p P.~ ~.Y~ ~ ..~ Y. ..!~ ~ . 9.!Y... Ç,5? ~.~.~~. ~.. ~ ~ J.~} y. }. ?).? ?? :............... ..... 0.. ... ...... .. .... .............. CITY COUNCIL COMMITTEE RECOMMENDATION: The Land Use and Transportation Committee approved the staff recommendation to place the following item on the May 19, 1998 City Council Consent Agenda for approval: 1. Acceptance of the Transtech Electric, Inc., SW Dash Point Road at 21st Avenue SW Road and Signal ......... .. . ~ P!g .Y. ~O ~.~ ~ !. . ~! 9j ~.~ ~? } g.. !.~ ~ ..~~g.~ g ~ ..~r ~:!Q.~. : ~~ ~d~~'" . fU~~:.. I1t~ -i""" .. - -................ . ....Ç.rr.Y..MAN.~.G. ~~.. ~~Ç.QM.M~NP..~.T}Q.N_:..............._.......m..... m,,"'m... m...::;:...... ......... .................... _........- ....~ ..Ð-~ APPROVED FOR INCLUSION IN COUNCIL PACKET: (jì)y (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: _APPROVED _DENIED _TABLEDIDEFERREDINO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # k:\council\agdbills\1 998\2 I stdash.fin DATE: April 29, 1998 TO: Phil Watkins, Chair Land Use & Transportation Committee FROM: Ken Miller, Street Systems Manager ~~ SUBJECT: SW Dash Point Road at 21st Avenue SW Road and Signal Improvement Project Acceptance and Retainage Release BACKGROUND Prior to release of retainage on a Public Works construction project, the City Council must accept the work as complete to meet State Department of Revenue and State Department of Labor & Industries' requirements. The above referenced contract with Transtech Electric, Inc. is complete. The final construction contract amount is $404,980.84. This amount is $46,573.57 below the $451,554.41 (including contingency) budget that. was approved by the City Council on July 1, 1997. RECOMMENDATION Place the following item on the May 19, 1998 City Council Consent Agenda for approval: 1. Acceptance of the Transtech Electric, Inc., SW Dash Point Road at 21st Avenue SW Road and Signal Improvement Project, in the amount of $404,980.84, as complete. KM\ae 00: Cathy Rafanelli, Management Services Project me Day me K:\LtrrC\1998\2lSTDASH. PIN ...M~ ~.!.~~ç.. ~ A.I.~.:..M~Y....!.~?).?~. ~..................................................... .J!.~.~~...X:G?.. L........................... .............. ...................... CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: 21st A venue SW and SW 325th Place Roadway Intersection and Traffic Signal ........... ....... .......... ...... .... .~~~ J~~~.A.~~.~p..~~.~~. ~~.~.~.~~~.~~g~}!~~ ~~~................. .................,.............. .....,........................................... ... ............, CA TEGORY: .,LCONSENT - ,ORDINANCE :3USINESS _HEARING _FYI BUDGET IMPACT: _RESOLUTION _STAFF REPORT _PROCLAMA TION _STUDY SESSION _OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ..........................................................,....................................................................................................,....................................... ........................................,................... ATTACHMENTS: Memorandum to the May 4, 1998 meeting of the Land Use and Transportation Committee ..........................................................,........................................................................................................................"................... ...................",...................................., SUMMARY /BACKGROUND: Prior to release of retainage on a Public Works construction project, the City Council must accept the work as complete to meet State Department of Revenue and State Department of Labor & Industries' requirements. The above referenced contract with Tucci & Sons, Inc. is complete. The final construction contract amount is $598,370.34. This amount is $50,687.41 below the $649,057.75 .J~~~.~~~~.~.g..~.~.~~~.~.g~~~.Y.)..Þ~.9:g.~~.~~~.~..~~.~..~p'p'~~'y.~~.þ'y'..~~~.Ç}.~Y..E:..~.~g.~~}.5?~J~.~Y..}.,..}.~~?:............,....................................... CITY COUNCIL COMMITTEE RECOMMENDATION: The Land Use and Transportation Committee approved the staff recommendation to place the following item on the May 19, 1998 City Council Consent Agenda for approval: 1. Acceptance of the Tucci & Sons, Inc., 21st Avenue SWat SW 325th Place Roadway Intersection and ... ..................IE~m.~. .~},g.~.~~.. ~E~j~.~~ ?)g..~.~~..~g.~.~.~..~r~ ìHt~}~~~~~~~.....................:;", i" ......... ~;::~:::~: :;:~=~ ~~ ~~~~ ~~¡;¡~~;:~mml4ð~ m (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: _APPROVED _DENIED _TABLEDIDEFERREDINO ACTION k:\council\agdbills\1998\21 st325t.fin COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # . CITYOF - . - -. ~~~~~ . - ~~ ~'-- ~~~ DATE: April 29, 1998 TO: Phil Watkins, Chair Land Use & Transportation Committee ~\'^ FROM: Ken Miller, Street Systems Manager SUBJECT: 21st A venue SW and SW 325th Place Roadway Intersection and Traffic Signal Project Acceptance and RetBinage Release BACKGROUND Prior to release of retainage on a Public Works construction project, the City Council must accept the work as complete to meet State Department of Revenue and State Department of Labor & Industries' requirements. The above referenced contract with Tucci & Sons, Inc. is complete. The final construction contract amount is $598,370.34. This amount is $50,687.41 below the $649,057.75 (including contingency) budget that was approved by the City Council on July 1, 1997. RECOMMENDATION Place the following item on the May 19, 1998 City Council Consent Agenda for approval: 1. Acceptance of the Tucci & Sons, Inc., 21st Avenue SWat SW 325th Place Roadway Intersection and Traffic Signal Project, in the amount of $598,370.34, as complete. KM\ae cc: Cathy Rafanelli, ~anagemcnt Services Project me Day me K:\LUTC\1998\2 I ST325T .FIN MEETING DATE: May 19,1998 ITEM# ~/ c¡ ') ................................................................................"....................................................................................................."................ ................,......................................... CITY OF FEDERAL WAY City Council A G END A ITEM .ß.Y!J..J~. ç.!'. ~...... ß .W.. ~~.9.~~ . $..~E~~!.. ~.~ ~.. ~ ~ Y!..~ ~~ ~ ..~.w.),~.!~ ~~~~!~ ~ ~ J ~ P ~~_!_~ ~ ~.~. ~ ..:.}Q ~.. !>..~~.~ g~...... .... .. .. .. ...... .. CATEGORY: BUDGET IMPACT: _X_CONSENT _ORDINANCE _B USINESS _HEARING _FYI _RESOLUTION _STAFF REPORT _PROCLAMA TION _STUDY SESSION _OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ..................................................................................................".................................................................................................... ."........................................................ A TT ACHMENTS: Committee Memorandum to the May 4, 1998 meeting of the Land Use and Transportation """""""""""""""""""""""""""""""""""""""""""""""""""""""",,"""""""""""""""""""""""""""""""""""""""""""""""'"........................................."..... SUMMARYIBACKGROUND: The design for this project is approximately 30% complete. An Open House will be held in May 1998 to solicit public comments. After approval of the 30% design plans, design will proceed to the 85% completion. The SW 340th Street and Hoyt Road SW Intersection Improvement Project is funded by Competitive Oil Rebate, City of Tacoma, Traffic Mitigation, and City of Federal Way Funds. An Interlocal Agreement with the City of Tacoma is culTently being drafted. This project will widen Hoyt Road SW for left turn lanes and bike lanes, adding a traffic signal, and improving street lighting. Construction is scheduled for 1999. Two new developments are proposed at the intersection. The developers and staff are coordinating the project schedules to minimize conflicts between the intersection improvements and the developments. Staff is working with the property owners at this intersection in acquiring right-of-way required for this project. ...§.~ ~f f. ~~~~. ~ . P!~ ~~!? ~.~ ~~ ~ ~..~.~.. ~.~.~. P..~ ~ j ~~ ~..~~.. ~~.~.. ¥. ~Y...~.?}. ~ ~ ~..~ ~.~ ~~-~.g:......... -................. . ............................ -.................... .................... CITY COUNCIL COMMITTEE RECOMMENDATION: The Land Use and Transportation Committee approved the staff recommendation to place the following item on the May 19,1998 City Council Consent Agenda for approval: 1. Approve the 30% design plans for the SW 34Oth Street and Hoyt Road SW Intersection Improvement Project and authorize staff to proceed to the 85% design completion. :~:~== (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: k:\cooncil\agdbills\1 998\340@hoyt.fin COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # _APPROVED _DENIED _TABLEDIDEFERRED/NO ACTION CITY OF .. . - EJ:]~ ~~ Fð/ DA TE: April 29, 1998 TO: Phil Watkins, Chair Land Use/Transportation Committee \(rJ\ FROM: Ken Miller, Street Systems Manager SUBJECT: SW 34Oth Street and Hoyt Road SW Intersection Improvements - 30% Derign BACKGROUND The design for this project is approximately 30% complete. An Open House will be held in May 1998 to solicit public comments. After approval of the 30% design plans, design wilJ proceed to the 85 % completion. The SW 340th Street and Hoyt Road SW Intersection Improvement Project is funded by Competitive Oil Rebate, City of Tacoma, Traffic Mitigation, and City of Federal Way Funds. An Interlocal Agreement with the City of Tacoma is currently being drafted. This project will widen Hoyt Road SW for left turn lanes and bike lanes, adding a traffic signal, and improving street lighting. Construction is scheduled for 1999. Two new developments are proposed at the intersection. The developers and staff are coordinating the project schedules to minimize conflicts between the intersection improvements and the developments. Staff is working with the property owners at this intersection in acquiring right-of- way required for this project. Staff will make a presentation on the project at the May 4,1998 meeting. - RECOMMENDA TION Place the following items on the May 19, 1998 Council Consent Agenda for approval: 1. Approve the 30% design plans for the SW 340th Street and Hoyt Road SW Intersection Improvement Project and authorize staff to proceed to the 85 % design completion. 2. Authorize staff to proceed with right-of-way acquisition. cc: Project File Day Filc K:\LUTC\I998\34O@HOYT.MEM MEETING DATE: May 19,1998 ITEM# :ïT ~j .......... ..................... ....... .... ......................................................................................................................................................... .................................. ......... ...................., CITY OF FEDERAL WAY City Council AGENDA ITEM ... ~.P.~.J~ ÇI ;...... .. M.~ ~~. ~EY...~ ~~ ~. ~.~.~~!t. ..~.~ ~..~ ~~.. !:-.~~~.. ~ ~?:i. ~ß ~ g~ ~.!~~~ ~~.~.~ .:: }.9. %.. .P.~~~. g~................................. .. ........... CATEGORY: ~CONSENT ~ORDINANCE _BUSINESS _HEARING _FYI BUDGET IMPACT: _RESOLUTION _STAFF REPORT _PROCLAMATION _STUDY SESSION _OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ......... ................... ........... """""""""""""""""""""""""""............................................................................................. .................................... ............. ........... ............. ATTACHMENTS: Committee Memorandum to the May 4, 1998 meeting of the Land Use and Transportation ...... ............. .................. ........ ................... ................................................................ .............. ......... ........... ................ ........ ...... ............................................... .................... SUMMARYIBACKGROUND: The Military Road South and Star Lake Road Signalization Project will add a traffic signal, illumination, asphalt overlay and channelization for left turns at this high accident location. Design of the project is approximately 30% complete. Funding for the project is from the Hazard Elimination Program in the amount of $162,000, and the City in the .. .~~g.~ !1.~..?r~}. ~.~ QQQ f?!..~.. !g~~~ ..~.~.~.g.~~.. ~r.~}.~Q.,gQg.:.... ........... ............. .......................................... ...... ................................... ........... ..............., CITY COUNCIL COMMITTEE RECOMMENDATION: The Land Use and Transportation Committee approved the staff recommendation to place the following item on the May 19, 1998 City Council Consent Agenda for approval: I. Approve the 30% design plans for the Military Road South and Star Lake Road Signalization Project ......... ............ ~.~.. ~.~.~~~ ~~.~~. ~.~~fU~.P!~~.~~~. ~~.~? %...~.~ ~ ~ g~.. .~...~~ ................ ............. .......... ...,Ç,~ IX ..MA N.~.G ~~.. ~~ ç.Q M.M.~ NP. A.IJ Q.~.:............. """n............... on................... nn. n .....J~ n d ..~.......... ................. on.... APPROVED FOR INCLUSION IN COUNCIL PACKET: ~ (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: _APPROVED _DENIED - T ABLEDIDEFERREDINO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # K:\council\agdbills\1998\starlake.fin CITY OF - .. . = f:3:]~ .~~~ DATE: April 29, 1998 TO: Phil Watkins, Chair Land UselTransportation Committee FROM: Ken Miller, Street Systems Manager ~ SUBJECT: Military Road South and Star Lake Road Signaliz.otiqn - 30% Design ~ ,/ The Military Road South and Star Lake Road Signalization Project will add a traffic signal, illumination, asphalt overlay and channelization for left turns at this high accident location. Design of the project is approximately 30% complete. Funding for the project is from the Hazard Elimination Program in the amount of $162,000, and the City in the amount of $18,000 for a total budget of $180,000. Staff will present the 30% design to the Committee at its May 4, 1998 meeting and answer any questions members may have. RECOMMENDATION Staff recommends that the Land Use and Transportation Committee approve and forward the following to the May 19, 1998 City Council consent agenda: 1. Approve the 30% design plans for the Military Road South and Star Lake Road Signalization Project and authorize staff to proceed to 85 % design. -. KM:ae cc: Project File Day File k: \lute \ 1998\atarlake.mcm MEETING DATE: May 19, 1998 ITEM# Y-,L &-) ........... .............. ....... .............. ....... ....... ....... ....... ....... ....... ....... ....... ....... ........ .....-.. ..... ................................. ................... . ......... ...... ................ "'" ..... ..... CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Access Management on South 288th Street .... ................ .......................... ..................... ........ ..... ........ ............. ....... . .. .. m m... -....... ..... ............. ............ m m ............... ..m..... .. .............. ....... .. m ..... ..... CATEGORY: BUDGET IMPACT: CONSENT ORDINANCE X BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ .... ... .... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ................. .'" ....... ......-.......... .................... ..... ..... ............ ..................... ....... .............. """""" ATTACHMENTS: Memorandum to the May 18, 1998 Meeting of the Land Use and Transportation Committee .................. ............. mm..................... ............. .............. .........m............. ............... ............... ........... .............. ................... ....... ..m......... ...................m.... SUMMARY/BACKGROUND: As part ofthe Traffic Division's continuing efforts to identify and rectify locations with high crash rates, staff investigated the potential to reduce the City's crash rate experience on S 288th Street near Military Road S. Over a three-year period, there have been 17 crashes within 200 feet of the intersection of Military Road on 288th Street. Of these, 15 could have been prevented by restricting turning movements at driveways to right-turn movements only. In all cases, the proposed turn restrictions would still provide full access through other properties and driveways. Staff sent notices by registered mail to both the owners and tenants of the eight properties that would have restricted turning movements. The notice announced an open house to discuss the reason for the project and receive comments. The open house meeting was held on August 11, 1997. No one from the public attended the meeting. Staff has received no comments by phone or in writing on the proposal. .'.'.'."""""""""""""""""'" m """"""""""""" ...... "'.""'" ........................... m.................. ........ ..m.... ................. m.m.................. ......................... ......... CITY COUNCIL COMMITTEE RECOMMENDATION: Staff will be presenting this topic to the May 18th meeting of the Land Use and Transportation Committee requesting the Committee recommend approval to the full City Council to construct Type C curb on South 288th Street from 200 feet west of Military Road South to 200 feet east of Military Road South to restrict turning movements on driveways to right-turns only to reduce the crash rates on S 288th Street. .... ......................................... ........................................ .................................. """"'.".""""'" ........................... . ..... ~ .................. ........" ... .. .. ..~.I.~:..::~~~.~..:~~::.:~~.I~.~ :.m..~...:=:.iif.~........m........mm.mm APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # k: \council\agdbills\ 1998\288acces .cc CITY OF : . - EC E:FCRl- ~~~ DATE: Apri129, 1998 TO: Phil Watkins, Chair - Land Use and Transportation Committee Rick Perez, Traffic Engineer IJ!Y FROM: SUBJECT: Access Management on S 288th Street Background As part of the Traffic Division's continuing efforts to identify and rectify locations with high crash rates, staff investigated the potential to reduce the City's crash rate experience on S 288th Street near Military Road S. Over a three-year period, there have been 17 crashes within 200 feet of the intersection of Military Road and 288th Street. Of these, 15 could have been prevented by restricting turning movements at driveways to right-turn movements only. In all cases, the proposed turn restrictions would still provide full access through other properties and driveways. Notification of an Open House which was held on August 11, 1997, was sent by registered mail to both the owners and tenants of the eight properties affected by restricted turning movements. The notice indicated the reason for the project and to receive public comments. No one from the public attended the meeting, and no comments were provided to staff by phone or in writing on the proposal. Recommendation Staff recommends that Committee recommend approval to the City Council to construct Type C curb on S 288th Street from 200 feet west of Military Road S to 200 feet east of Military Road S to restrict turning movements on driveways to right-turns only to reduce the crash rates on S 288th Street. RAP:jg 1t:\1utc\1998\acccaa .288 MEETING DATE: May 19, 1998 ITEM# -:JZL. r?~) .......................... ........ .""'.""""""'.""""'.'. ..................,. .... ............................ ..... """'" ......................................... ........................... ..................... ............ .......... CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Sister City Trade Mission .................. ...... ..................... ....................................................................... .............. -.............................................. ....... ....................................... no......... ..... no. CATEGORY: BUDGET IMPACT: _CONSENT _ORDINANCE -LBUSINESS _HEARING FYI _RESOLUTION _STAFF REPORT _PROCLAMATION _STUDY SESSION _OTHER Amount Budgeted: $ 15,000 Expenditure Amt: $ 8,500 (est.) Contingency Reqd: $ None ....,................ .... ............................................................ .............................................. ............................"........................... ....... .................. no""'" ..................... . ..~ IT ~ ç~ N!~~...... ~ P.~~.~~!. ~ ~. ~~..~.~~~~........... ........... ................. ...... ................................ ..................................................... . . SUMMARYIBACKGROUND: Endorses travel to Federal Way's sister city ofHachinohe and the Republic of Korea. Travel to take place in late July/early August. Delegation would consist of Mayor, Deputy Mayor, City Manager, and a City staff support person. The Economic Development Executive would be part of the delegation to Hachinohe only. Costs to the City would be limited to airfarelrail for City Manager and staff support person, and mea1s1lodging for all participants. All other costs would be borne by the delegates. A strong economic development effort is proposed, including promotion of products and services from the Federal Way area, and inviting other government/business officials to participate in the delegation at their own expense. Also included is a stopover in Korea to discuss economic development and a Korean sister city linkage with the appropriate secretary of the Republic of Korea government. .........................................................................................'.""""""""""""""""""""""""""""""""'.""""""""""""'............................................................. . CITY COUNCIL COMMl'ITEE RECOMMENDATION: None available at time of agenda bill preparation. FinancelEconomic Development/Regional Affairs Committee to meet prior to City Council meeting and make recommendation. ::~~:~~~~~~~~~~-~~~~~:::::~:~::=~:::::~i~:~~ APPROVED FOR INCLUSION IN COUNC d~ P ACKET: 7/~'" 7 ~ ~ (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: _APPROVED DENIED - TABLEDIDEFERREDINO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # I:\agenda.bil Hachinohe trip estimates Air Rail Lodging Meals Misc. Grand Total Mayor $ - $ - $ 750 $ 400 $ 100 $ 1,250 Deputy Mayor $ - $ - $ 750 $ 400 $ 100 $ 1,250 City Manager $ 875 $ 228 $ 750 $ 400 $ 200 $ 2,453 City staff person $ 875 $ 228 $ 750 $ 400 $ 200 $ 2,453 ED Exec. $ - $ - $ 750 $ 300 $ 80 $ 1,130 Totals $ 1,750 $ 456 $ 3,750 $ 1,900 $ 680 .llilliillllil?&.D? ::::, ""WoWow. .i............... Lodging is calucated at $1251night Meals are calculated at $50/day ....M~. ~.!~.~.ç..~.~.!.~.;..~~Y.}~L!.~~.~.........................................................rr~M.~ ~=...@.:)..................... ....................,.... .......,..... CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: 1998 ASPHALT OVERLAY BID AWARD """""""""""""""""""""""""""""""""""""""""""'"""............................................".............................................................""""""""""""""""""""""""""""" CATEGORY: BUDGET IMPACT: _CONSENT _ORDINANCE _X_BUSINESS _HEARING _FYI _RESOLUTION _STAFF REPORT _PROCLAMA TION _STUDY SESSION _OTHER Amount Budgeted: $2,310,466.00 Expenditure Amt: $2,310,108.68 Contingency Reqd: $ """"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""".""""'""""""""""'."""""""""""""""""'."""'" . ...~.!.! ::\Ç}:~. ~ ~ ~! ~ .~.... .. .~.~ Y...~:...!. ~.~. ~.. ~.~ ~ ? ~~. ~.~.':1.~.. ~~.. ~.~.~ ..~~.!}. ~ ..Y.. ~~.. ~.!}. ~ ..! ~ ~.!}. .~ P g ~~~ ~! g.!}. ..ç,.? !E.~ ~. !.~ ~.~............... ................ SUMMARYIBACKGROUND: Four (4) bids were received and opened on May 12, 1998 at 10:10 a.m. for the 1998 Asphalt Overlay Project, (see attached memo for further detail). The lowest responsive, responsible bidder is M..A. Segale, Inc., with a total bid of $2,162,373.62. It is recommended that M..A. Segale, Inc., the apparent low bidder, be awarded Schedules A, B, C, D, E, F, H, I, J, K, L of the contract, in the amount of $1,993,735.16, and approve a 10% contingency of $199,373.52, ... .~~~.. ~g.~.~.~~~ ~.~~g.~.. ~.~~.!!.1. i ~~E~~.! ?!.1...~~g.l:l. ~~.. ~L~.~.?:.Q9.Q:........ ................. """""" .................... ............ """""""""""""'" """"""""" .................... CITY COUNCIL COMMITTEE RECOMMENDATION: This item will be presented at the May 18, 1998 Land Use and Transportation Committee meeting, recommending the above action. . ~;;;~ ~~~~~~~~~;;;~~~;;~~;- ìfff;;;;J<:¡~vrë:'>=< ~ð-m~.;mm.. """""""""""""""""""""""""""""""""""""""""""""""'"....................................................................................................ft4......~4i.................. APPROVED FOR INCLUSION IN COUNCIL PACKET: ~ (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: _APPROVED _DENIED _TABLED/DEFERREDINO ACTION COUNCIL BILL # ORDINANCE # RESOLUTION # -'.\COUNCILIAGDBILLSII9981980LA WD.CC (PSK) DATE: May 8, 1998 TO: Phil Watkins, Chair Land UselTransportation Committee FROM: Ken Miller, Street Systems Manager ,?r SUBJECT: The 1998 Asphalt Overlay Project Bid Results BACKGROUND Four (4) bids were received and opened on May 12, 1998 at 10:10 a.m. for the 1998 Asphalt Overlay Project, (see attached bid results for further detail). The lowest responsive, responsible bidder is M.A. Segale, Inc., with a total bid of$2,162,373.62. The budget for the 1998 Asphalt Overlay Project is $2,310,466, and is comprised of the following: 1998 Budget $1,013,566 1997 Carryforward $ 481,835 Utility Tax $ 800,000 Structures Budget $ 15,065 (Guardrails at 151 Ave S and 20lh PI SW) In order to be within budget, it is recommended that Schedules E1 (35th Avenue Southwest-South), and G (South 333rd Street) be deleted from the project, and a contract amount of $1 ,993,735.16 be awarded to M.A. Segale, Inc., and approve a 10% contingency of $199,373.52, for a total of $2, 193, 1 08.68. The estimated total project cost is $2,310,108.68, which includes the contract ($1,993,735.16), 10% contingency ($199,373.52), in-house design ($51,000), construction administration ($59,000 ), and printing and advertising ($7,000). RECOMMENDATION: Forward the following recommendations to the May 19, 1998 Council meeting for approval. I) Award Schedules A, B, C, D, E, F, H, I, J, K, L of the 1998 Asphalt Overlay Project to M.A. Segale, Inc., the lowest responsive, responsible bidder, in the amount of $1,993,735.16, and approve a 10% contingency of$199,373.52. Authorize the City Manager to execute the contract. Authorize $59,000 for construction administration. If funding allows, and the contingency is not expended, approve adding all or a portion of Schedules E I and G back into the contract. 2) 3) 4) 1998 ASPHALT OVERLAY PROJECT BID RESULTS The following four (4) bids were received and opened on May 12, 1998 at 10:10 a.m. for the 1998 Asphalt Overlay Project: Contractor M.A. Segale, Inc. Woodworth and Co., Inc. Lakeside Industries Tucci and Sons, Inc. Engineer's Estimate 1998 Asphalt Overlay Budget Total Bid Amount $2,162,373.62 $2,311,825.30 $2,385,473.53 $2,418,720.85 $2,309,621.10 $2,310,466.00 The lowest responsive, responsible bidder is M.A. Segale, Inc.. Their bid for each schedule is as follows: Schedule Bid Project A $279,412.30 1st Avenue South (Northend) B $229,771.87 1 st Avenue South (Southend) C $83,847.72 South 356th Street (Westend) D $123,112.59 South 356th Street (Eastend) $201,325.36 35th Avenue Southwest (North) . E El $79,535.88 35th Avenue Southwest (South) F $611,692.97 Twin Lakes G $89,102.58 South 333rd Street H $163,560.33 Mar 'Cheri I $50,758.46 Schaum Heights J $26,248.33 II th Avenue Southwest K $32,829.00 Weyerhaeuser Digouts L $191,176.23 Adelaide The following is breakdown of the estimated total project construction costs with Schedules El and G deleted from the project. Contract Amount 10% Contingency Construction Administration In-house Design Printing and Advertising $1,993,735.16 199,373.52 59,000.00 51,000.00 7.000.00 Total $2.310.108.68 K:\LUTaI998\980LA WD.MEM (PSK) 5/18/98 LUTC Meeting ...~~.!~.G..P. ~ ~.~ ..M~Y.). ~ 1.. J ~?~..... ....................... ................. ..._..~.M;~ :YZr ................................ CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: SEAT AC PLAZA EASEMENT CONDEMNATION ....................................................................................................................................................,.................................................. ............................................. CATEGORY: BUDGET IMPACT: CONSENT XORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ...............................................................,.........,................................................""""""""""""""""""""""""""""""""""""......................................... ......... ATTACHMENTS: A. Proposed Ordinance providing condemning an easement for storm water conveyance improvements as part of the SeaTac Mall Phase II project. .......................................................,...................................................,........................................................................................... ........................................,.... SUMMARYIBACKGROUND: The Public Works Department is proceeding with design of the SeaTac Mall Drainage Improvement Project Phase II, which proposes an improved storm water conveyance system from S. 320th north to approximately S. 316th. The project was originally slated for construction in 1998, but was delayed until 1999 in part because negotiations with owners of the SeaTac Plaza property broke down in the summer and fall of 1997 when the owners refused to provide Public Works staff access to the property to conduct geotechnical exploration necessary to confirm the project's alignment. Staff seeks Council authorization to commence condemnation proceedings to obtain the necessary easement to allow the project to go forward in 1999. Staff will continuenegotiations with the owners if there are indications negotiations could be completed in time to allow the project to proceed. ................................................"...................................................................................................................................................... ............................................ CITY COUNCIL COMMITTEE RECOMMENDATION: None. ......................................,................................................................................................................................................................ ............................................. .=::;;~::~~:=:::~~=~~::~~;~e ~~~~~~~n~~. (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED - T ABLEDIDEFERREDINO ACTION COUNCIL BILL # ORDINANCE # RESOLUTION # /9~ K: \agnditcm \condmsea. lac ORDINANCE NO. DRAFT 5//3/9<Ý AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, PROVIDING FOR THE ACQUISITION OF CERTAIN EASEMENTS OVER, ALONG, UNDER AND ACROSS CERTAIN PROPERTY FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING STORMW A TER CONVEYANCE IMPROVEMENTS IN THE VICINITY OF SOUTH 320m STREET AND 23RD AVENUE SOUTH, TOGETHER WITH ALL NECESSARY APPURTENANCES AND RELATED WORK NECESSARY TO MAKE A COMPLETE IMPROVEMENT IN ACCORDANCE WITH APPLICABLE CITY STANDARDS ALL WITHIN THE CITY OF FEDERAL WAY; PROVIDING FOR THE CONDEMNATION, APPROPRIATION, AND TAKING OF REAL PROPERTY NECESSARY THEREFOR; 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 stonnwater conveyance improvements be constructed and maintained within the City of Federal Way and that certain easements upon property be condemned, appropriated, taken and damaged for the construction of said improvements as provided by. this ordinance. The failure to construct such stonnwater conveyance improvements eventually would contribute to the flooding of certain rights of way, including South 32Oth Street in Federal Way, and the flooding of certain commercial property known as the SeaTac Plaza property. Section 2. Condemned Property. The City Council of the City of Federal Way, after reviewing the planned improvements, hereby declares that the easement located within the ORD# , PAGE 1 City of Federal Way and legally described in Exhibit" A" attached hereto and incorporated herein ,° by this reference, and as shown on the parcel maps set forth in Exhibit "B" attached hereto and incorporated herein by this reference ("Property") is hereby condemned, appropriated, taken and damaged for the purposes of constructing, installing, operating, and maintaining stormwater conveyance facilities, including but not limited to storm drains, culverts, berms, spillways, outlet works and/or pipelines, together with all necessary appurtenances and related work to make a complete improvement in accordance with City standards, together with the right to make all necessary slopes for cuts and fills upon adjacent lands in the reasonable original grading and maintenance of the stormwater conveyance facilities, with the Property being taken, damaged and appropriated subject to the making or paying of just compensation to the owners thereof in the manner provided by law. Section 4. Condemnation Leial 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 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 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 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. ORD# , PAGE 2 Section 5. Severability. 1be 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 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 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 - day of May, 1998. CITY OF FEDERAL WAY MAYOR, RON GINTZ ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, LaNDI K. LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. K:\ORDlN\CONDMSEA.TAC ORD# , PAGE 3 ," . 30 FOOT DRAINAGE EASEMENT DESCRIPTION mAT PORTION OF TIIE PLAT OF EVERGREEN PLAZA AS RECORDED IN VOLUME 100 OF PLATS AT PAGE 74 AND 75 , RECORDS OF KING COUNfY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT TIIE SOUTHWEST CORNER OF TRACT B, SAID CORNER ALSO BEING TIIE SOUTHWEST CORNER OF SAID PLAT; TIIENCE NORTH 00°18'15" EAST ALONG TIIE WEST LINE OF TRACT B, 318.00 FEET TO TIIE NORTHWEST CORNER OF TRACT B; TIIENCE SOUIH 89°34 '08" EAST ALONG TIIE NORTH LINE OF TRACT B, 30.00 FEET; TIIENCE soum 00°18'15" WEST, 318.00 TO TIIE SOUIH LINE OF SAID TRACT B; TIIENCE NORm 89034 '08" WEST ALONG SAID SOUIH LINE , 30.00 FEET TO TIIE POINT OF BEGINNING. CONTAINING 9540 SQUARE FEET. .r-I~'~'8 " EXHIBIT A Page A-I -------------- ~ 30 FOOT DRAINAGE EASEMENT DESCRIPTION THE WEST 30 FEET AND THE NORTH 30 FEET OF THE EAST 245.50 FEET OF THE WEST 275.50 FEET OF LOT 2 OF KING COUN1Y SHORT PLAT 1079107 AS RECORDED UNDER RECORDING NUMBER 7912270667, RECORDS OF KING COUNTY, W ASIllNGTON. CONTAINING 21075 SQUARE FEET. ç- n-1'b EXHIBIT A PAGE A-2 /," 1 ,')ÇJ)\)\)1- 01 D' "\ X:>~ rv,?ç 1CO() 'f~~ ~ LOT 4 TRACT C LOT 2 KCSP 1079107 AFN 7912270667 TRACT X 30' DRAINAGE EASEMENT TRACT B LOT 3 LOT 4 s. 320TH ST. 30' DRAINAGE DATE MAY 13, 1998 EAR T H €) 100 W. Broadway 10800 N.E. 8th St. Ste, 5000 7th Floor Long Beach, CA 90802-4443 Bellevue, WA 98004 ~10 495-4449 206 455-9494 EXHIBIT B } ~ EASEMENT T E 720 S. 333 St. Ste.200 Federol Way. WA 98003 206 838-6202 ..-.h- ( TRACT A ) ~~ « 'v~ LOT 3 .--. ACAD No.1 497REC c H 1200 Dupont St.. Ste, 2-B Bellingham, WA 98225 360 734-3202 PAGE B-1 .-' 30' DRAINAGE EASEMENT LOT 2 KCSP 1079107 AFN 7912270667 ( TRACT A ) LOT 4 1'\')~()()'1.- TRACT C :1-'?' ill ()1 ~'\ \( 'v'?' '\ rò'? TRACT X t- 30' DRAINAGE EASEMENT CJ?~ 1'èfJ u <t: a::: .~~ t- TRACT B <; ~ LOT 3 G ~<v<f LOT 4 ~ LOT 3 30' DATE MAY 13, 1998 E A R DRAINAGE EASEMENT ACAD No. 1497REC T H @ T E c H 100 W. Broadway 10800 N.E. 8th St. Ste. 5000 7th Floor Long Beach, CA 90802-4443 Bellevue. WA 98004 310495-4449 206 455-9494 720 S. 333 St. Ste.200 Federol Way, WA 98003 206 838-6202 1200 Dupont St., Ste. 2-B Bellingham, WA 98225 360734-3202 EXHIBIT B PAGE B-2