Res 00-331
,
RESOLUTION NO. 00-331
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, DECLARING A SURPLUS
OF TRACT A OF APPLEWOOD, AND AUTHORIZING
EXECUTION OF QUIT CLAIM DEED.
WHEREAS, RCW 35A.80.010 permits the City of Federal Way to protect and
operate utility services as authonzed by law, including RCW 35.94; and
WHEREAS, in 1992 King County transferred thirty-nine drainage plats to the City of
Federal Way, and the City ofF ederal Way owns Tract A of Applewood, as described in the attached
Exhibit A and incorporated by this reference as if set forth in full; and
WHEREAS, one of the transferred drainage tracts in the Applewood Plat is located
outside the city limits in unincorporated King County; and
WHEREAS, RCW 35.94.040 and 35.67.010 permit the Federal Way City Council to
determine that any land, property or equipment originally acquired for public utility (including storm
drainage) purposes is surplus to the City's needs and is not required for providing continued public
utility service, and to sell or convey such land, property, or equipment after determining the fair
market value, rent, or other terms or conditions for such disposition; and
WHEREAS, King County previously owned the drainage tract located at Tract A,
Applewood; and
WHEREAS, King County requests that the City reconvey Tract A of Applewood to
the County, and
Res. #00-33,lPage 1
CC~~1f
WHEREAS, on November 21, 2000, pursuant to RCW 35.94.040, the City Council
held a public hearing to consider King County's request;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY
HEREBY RESOLVES AS FOLLOWS:
Section 1. Declaration of Surplus Property.
Tract A of Applewood is hereby
declared to be surplus to the City of Federal Way's needs and not required for providing continued
public utility services, because it is outside the city limits and of no value to the City.
Section 2. Determination of Value. Because Tract A of Applewood was conveyed to
the City at no cost, and is of no value to the City, the City will transfer back Tract A of Applewood
to King County for closing costs only.
Section 3. Authorization for Quit Claim Deed. Based on the foregoing, the City
Council hereby authorizes the City Manager to release any interest the City may have in Tract A of
Applewood by executing a quit claim deed acceptable to the City Attorney and substantially in the
form attached as Exhibit B hereto.
Section 4. Severability. If any section, sentence, clause or phrase of this resolution
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity
or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause or phrase of this resolution.
Section 5. Ratification. Any act consistent with the authority and prior to the
effective date of this resolution is hereby ratified and affirmed.
Section 6. Effective Date. This resolution shall be effective immediately upon
passage by the Federal Way City Council.
Res. # Jill::J3,lPage 2
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, this ---Zltt day of November, 2000.
CITY OF FEDERAL WAY
~~~
AYOR,MIK P /
ATTEST:
APPROVED AS TO FORM:
c/Æt ~
~CITY ATTORNEY, BOB C. STERBANK
FILED WITH THE CITY CLERK: 11/15/00
PASSED BY THE CITY COUNCIL: 11/21/00
RESOLUTION NO. 00-331
K,IRESOlapplowood
Res. #00-33¡Page 3
Res. # 00-3:uPage 4
EXHIBIT "A"
Tract A, Applewood, as recorded in Volume 142 of Plats,
Pages 56 - 59, records of King County, Washington.
Ex
B
Filed For Record At Request Of
AFTER RECORDING RETURN TO:
K.c. Property Services Division
500A King County Admin. Bldg.
500 Fourth Avenue
Seattle, VVA 98104
QUIT CLAIM DEED
GRANTOR: City of Federal Way
GRANTEE: King County
LEGAL - : Tract A, Applewood .
TAX No.: 025130-0340
The Grantor, the CITY OF FEDERAL VVAY, a municipal corporation of the State
of VVashington, for and in consideration of mutual benefits, receipt of which is hereby
acknowledged, conveys and quit claims unto the Grantee, KING COUNTY,
VVASHINGTON, a political subdivision of the State of VVashington the following
described real estate, situated in King County, VVashington, together with all after
acquired title of the Grantor herein:
Tract A, Applewood, as recorded in Volume 142 of Plats,
pages 56 - 59, records of King County, VVashington.
This parcel was inadvertently included within that certain Deed between King County,
as Grantor, and the City of Federal VVay, as Grantee, as recorded under Recording
No. 9212311858, and is being re-conveyed to King County.
King County shall have full and complete responsibility for the operation,
maintenance, repairs, and any improvements to the site.
DATED this - day of
.2000.
CITY OF FEDERAL VVAY
By:
Title:
STATE OF WASHINGTON)
)SS
COUNTY OF KING )
I certify that is the person who appeared
before me, and said person acknowledged that he signed this instrument, on oath
stated that he was authorized to execute the instrument, and acknowledged it as the
~ ~
be the fre~ and voluntary act of such party for the uses ¡md purposes mentioned in
the instrument.
DATED
NOTARY PUBUC in and for the State
of Washington, residing at
My appointment expires
k:\contract\2000\king co quit daim deed - applewood.doc