Res 99-291
RESOLUTION NO. '1'1-1'11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, DECLARING DRAINAGE EASEMENT
SURPLUS AND AUTHORIZING RELEASE OF DRAINAGE
EASEMENT.
WHEREAS, RCW 35A.80.010 permits the City of Federal Way to protect and
operate utility services as authorized by law, including RCW 35.94; 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, John and Geraldine Leskovar own property located at 30712 - 16th
Avenue SW, also known as Lot 8 of the Plat of Marine Crest; and
WHEREAS, the Plat of Marine Crest shows a "drainage easement" on the northwest
portion of the Leskovar property, and a surface water detention pond was constructed within the
easement as part of construction of the plat; and
WHEREAS, the Surface Water Management Division of the City of Federal Way
Public Works Department ("SWM") previously determined, based on criteria originally developed
by King County and supplemented by SWM, that the pond on the Leskovar property posed safety
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Res. #99-29~ Page 1
and aesthetic problems, generated citizen complaints, provided no water quality or other benefits,
and that removal of it would have no impact on any downstream conveyance systems; and
WHEREAS, SWM therefore rerouted drainage within the Plat of Marine Crest to
bypass the pond on the Leskovar property, and then filled the pond; and
WHEREAS, the Leskovars have requested that the City Council determine that the
drainage easement is surplus and has no value to the City, and that the Council authorize the City
Manager to release any interest the City may have in the drainage easement; and
WHEREAS, on March 16,1999, pursuant to RCW35.94.080, the City Council held
a public hearing to consider the Leskovars request;
NOW THEREFORE, THE CITY COUNCil.. OF THE CITY OF FEDERAL WAY
HEREBY RESOL YES AS FOLLOWS:
Section 1 Declaration of Sm:plus Property. To the extent that the drainage easement
located on the north 70 feet of the west 40 feet of Lot 8, Plat of Marine Crest, VoL 98, Pages 62-63
of Plats recorded in King County, Washington was acquired by the City of Federal Way for public
utility purposes, said drainage easement is hereby declared to be surplus to the City of Federal
Way's needs and not required for providing continued public utility services, because other drainage
facilities installed in the plat and/or located nearby provide all drainage functions needed for
drainage from the Plat of Marine Crest and, because of its small size and location, the drainage
easement on .Lot 8 of the Plat of Marine Crest can provide neither water quality functions nor
adequate surface water detention or retention.
Res. # 99-2~Jpage 2
Section 2 Detem1ination of Value. Based on the foregoing declaration of surplus
property, the drainage easement has no fair market value to the City of Federal Way for public
utility purposes, and can be released to the owners of the underlying property for no consideration.
Section 3 Authorization for Release ofDraina2e Easement. Based on the foregoing,
the City Council hereby authorizes the City Manager to release any interest the City may have in
the drainage easement by executing a release acceptable to the City Attorney and substantially in
the form attached as Exhibit A hereto.
Section 4 Severabilit'. 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
RESOLVED BY THE CITY COUNCIL OF THE.CITY OF FEDERAL WAY,
WASHINGTON, this 16th day of March, 1999.
Res. 1;! 9-29~ Page 3
ATTEST:
'>; r: Cl4 ,( I[--<~
CITY CLERK, N. CHRIST GREEN, CMC
APPROVED AS TO FORM:
~:- ""NO< " LI~
FILED WITH THE CITY CLERK: 3/11/99
PASSED BY THE CITY COUNCIL: 3/16/99
RESOLUTION NO. 99-291
KoIRESOIMARCREST
Res. #~Page 4
Return Address:
John Leskovar
30712 - 16'" Avenue SW
Federal Way, WA 98003
RELEASE OF STORM DRAINAGE EASEMENTS
Grantor: CITY OF FEDERAL WAY
Grantees: John and Geraldine Leskovar
Property Legal Description (abbreviated): Lot 8 of the Plat of Marine Crest. Vol. 98, Pages 62-63, Section
7, Twp. 21 N., R. 4 E, W.M.; Additional Legal Description in Exhibit A
Easement to Be Released Legal Description (abbreviated): Northwest 280 feet of Lot 8; Additional Legal
Descriptions in Exhibit B
Assessor's Tax ParceIID#: 514930-0080
RECITALS
1. John and Geraldine Leskovar, a married couple, own Lot 8 of the Plat of Marine Crest, legally
described in Exhibit A attached hereto and incorporated by reference. Lot 8 is located at 30712 16'"
Avenue SW (the corner of 16'" Avenue SW and SW 307'" Street) in Federal Way, WA.
2. As part of the construction of the plat, and as depicted on the face of the plat, the Leskovars'
predecessors granted a drainage easement, located on the northwest corner of Lot 8 and legally
described in Exhibit B attached hereto and incorporated herein by reference.
3. The City of Federal Way has determined that, in light of other drainage facilities installed in
the plat and/or located nearby, and in light of the small size of the easement which prevents it from
providing water quality or retention/detention functions, the easement is surplus and, to the extent the
City owns an interest in it, that interest may be released.
4, The Leskovars to eliminate the easement in order to clear title to Lot 8.
RELEASE OF DRAINAGE EASEMENT
1. Release. To the extent the City owns any interest in the drainage easement legally described
in Exhibit B attached hereto and incorporated herein by reference, the City hereby releases said drainage
easement. Except for release of the easement as described in Exhibit B, all other easements owned by
the City within the Plat of Marine Crest (including but not limited to those depicted on the face of the
plat) shall remain in full force and effect.
2. Successors and Assigns. The rights and obligations granted herein run with the land and shall
inure to the benefit of and be binding upon the parties' respective successors, heirs and assigns.
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PARCELS: 0080 and 0210
EXHlBIT!y¡.~
DATED THIS - day of
,1999,
GRANTOR:
THE CITY OF FEDERAL WAY
By:
Kenneth E. Nyberg
City Manager
ATTEST:
CITY CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, LONDI K. LINDELL
STATE OF WASHINGTON
)
I ss.
)
[DEPUTY CITY MANAGER NOTARYI
COUNTY OF KING
On this day personally appeared before me, the undersigned, a Notary Public in and for the State
of Washington, duly commissioned and sworn, Philip D. Keightley, to me known to be the-Deputy City
Manager of the City of Federal Way, a Washington municipal corporation; the corporation that executed
the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and
deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was
authorized to execute the said instrument.
GIVEN my hand and official seal this - day of
,19_.
(notary signature)
K:IPubworklmarcrst2.rel
9-2-98
(typed/printed name of notary)
Notary Public in and for the State of Washington
My commission expires:
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PARCELS: 0080 and 0210
EXHIBIT A
LEGAL DESCRIPTION OF
PROPERTY ON WHICH EASEMENT
TO BE RELEASED IS LOCATED
That portion ofthe NW 1/4 of Section 7, Township 21, Range 4 East, W.M., known as Lot 8 of
the Plat of Marine Crest, Vol. 98, Pages 62-63 of Plats, recorded in Kin9 County Washington.
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PARCELS: 0080 and 0210
EXHIBIT B
LEGAL DESCRIPTIONS
OF DRAINAGE EASEMENT
The North 70 feet of the West 40 feet of Lot 8, Plat of Marine Crest, Vol. 98, Pages 62-63 of Plats,
recorded in King County Washington.
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PARCELS: 0080 and 0210