Res 01-344
RESOLUTION NO. 01-144
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, GRANTING A PETITION
FOR VACATING A PORTION OF MILTON ROAD SOUTH,
SOUTH OF ENCHANTED PARKWAY AND ON THE
EASTERN BOUNDARY OF THE ENCHANTED PARKS
PARKING LOT.
WHEREAS, a valid petition has been filed by the owners of at least two-thirds of the
abutting property requesting vacation of a portion of Milton Road South, South of Enchanted
Parkway and on the eastern boundary ofthe Enchanted Parks parking lot; and
WHEREAS, pursuant to Resolution 01-340, the Federal Way City Council held a
public hearing at its regular meeting on August 7, 2001 to consider the petition for vacation as
required by state law and Federal Way City Code (FWCC) Section 13-102; and
WHEREAS, following the conclusion of the public hearing on August 7, 2001, the
City Council detennined that the proposed vacation complies with the vacation criteria specified in
FWCC Section 13-102, as detailed in the staff report prepared by John Mulkey, Street Systems
Engineer, dated August 1,2001 and attached hereto as Exhibit A; and
WHEREAS, pursuant to state law and FWCC § 13-102, the City may require the
owners of the property abutting the street or alley to compensate the City in an amount that does not
exceed the full appraised value of the area vacated; and
WHEREAS, pursuant to FWCC § 13-102, the City may reserve an easement for the
construction, repair and maintenance of public utilities and services and may impose such other
RES # 01-344
,PAGEl
ORIGINAL
conditions or limitations as it deems necessary and proper to preserve any desired public use or
benefit; and
WHEREAS, in order to ensure payment to the City ofthe appraised fair market value
of the right-of-way to be vacated and to ensure that easements have been granted across the property
for all affected utilities, the Council wishes to defer adoption of an ordinance effectuating the
vacation until the payment has been made and the easements granted;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES HEREBY RESOLVES AS FOLLOWS:
Section 1. Findings and Conclusions. The City Council finds that the Petitioners'
request for a street vacation meets the criteria required in FWCC § 13-102. In support of this
finding, the Council adopts and incorporates by reference the findings and conclusions of the staff
report attached as Exhibit A.
Section 2. Petition Granted. The petition for vacation of the right of way identified
in Exhibit B is hereby granted, subject to the adoption of a street vacation ordinance as required by
FWCC § 13-103. The Council reserves the right to reconsider its granting of the Petition until the
effective date of the street vacation ordinance identified in Section 3 herein.
Section 3. Preparation of Ordinance. The City Attorney is directed to prepare an
ordinance for the street vacation identified in Section 2 herein. The City Attorney shall prepare and
subrnit the ordinance for adoption upon the satisfaction of the following conditions:
A.
Utility easements have been granted to all existing utilities within the right-of-
way area to be vacated.
RES # OI-l44
, PAGE 2
B.
A temporary utility construction easement has been granted to Lakehaven
Utility District for a sewer line bore pit.
C.
The owners of the abutting property have paid the City the appraised fair
market value of the right-of-way to be vacated.
Section 4. Severability. If any section, sentence, clause or phrase of this resolution
should be held 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 affinned.
Section 6. Effective Date.
This resolution shall take effect immediately upon
passage by the Federal Way City Council.
RESOLVED by the City Council of the City of Federal Way this
7th
day of
August
,2001.
CITY~;;¡;¡; Y /~
---~
/ MAYOR, _/ /
{
GREEN, CMC
APPROVED AS TO FORM:
~ ~.-.Jú~
CI Y ATTORNEY, BOB C. STERBANK
RES # 01-344
, PAGE 3
FILED WITH THE CITY CLERK: 07/31/01
PASSED BY THE CITY COUNCIL: 08/07/01
RESOLUTION NO. 01-344
K:\resolMilton vacation petition
RES # 01-344
, PAGE 4
EXHIBIT "A"
City of Federal Way
STAFF REPORT
TO THE LAND USE AND TRANSPORTATION COMMITTEE
PETITION FOR VACATION OF A PORTION OF MILTON ROAD SOUTH
Federal Way File No, 01-1O0917-000-00-SV
DATE:
August 1,2001
PROPOSED ACTION:
Petition for vacation of a portion of Milton Road South
PETITIONER:
EPI Realty Holdings, Inc,
LOCATION:
See attached vicinity map, legal description and vacation map
REPORT PREPARED BY:
John Mulkey, Street Systems Engineer
RECOMMENDATION:
Grant Vacation
I.
BACKGROUND
EPI Realty Holdings has petitioned the City to vacate a portion of Milton Road South, south of Enchanted
Parkway and on the eastern boundary of the Enchanted Parks parking lot property. See the vicinity map, legal
description (Exhibit A), and accompanying map of the area to be vacated (Exhibit B) for exact location. The
right-of way width in the area requested for vacation, which abuts the roadway, varies along the frontage of the
abutting property from seventy-four (74) feet to a maximum of one hundred forty-four (144) feet, at the
intersection of Milton Road South and Enchanted Parkway (SR 161). The ultimate roadway section for Milton
Road, according to the City's Comprehensive Plan, requires sixty-eight (68) of right-of-way (see attached figure
111-3, Section 0). Currently, EPI Realty Holdings leases a portion of the right of way, in which it maintains
landscaping and part of a parking lot, which includes the portion to be vacated, The street vacation is being sought
as part ofthe lease agreement with the City. The lease agreement states that on or before six (6) months from the
date of the lease, the lessee agrees to file with the City a petition for vacation of that portion of the leased area
located eastward of the easternmost boundary of improvements required for Milton Road South, as shown in the
City of Federal Way Comprehensive Plan, Map 111-7 and Figure 111-3 (Cross Section 0). This is the response to
the petition to vacate that property in accordance with the lease agreement. The area to be vacated has only one
abutting landowner, EPI Realty Holdings. Vacating the requested area of right-of-way would not interfere with
the current or future function of the roadway.
II.
COMPLIANCE WITH CRITERIA DESCRIBED IN THE CITY OF FEDERAL WAY CODE
(FWCC) SECTION 13-102
A. Mandatory Criteria:
The following criteria are mandatory and must be met before a petition for a street vacation may be approved:
Criteria #la
- The vacation provides a public benefit or is for a public benefit. The benefit may include
economic or business support that the community as a whole derives from the abutting
property owner.
August 1,2001
Milton Road South Street Vacation Staff Report
Page 2
The vacation of the portion of Milton Road South will provide a public benefit in that the land will be purchased
by EPI Realty Holdings, selling excess right-of-way the city does not need to perform any of its required services,
The vacation will also create a uniform right-of-way along Milton Road South, without excess property to be
maintained outside of the required right-of-way. Also the vacation will benefit the business of Enchanted Parks by
allowing them to make improvements to the purchased property,
Criteria #lb
- The street, alley or portioll thereofis 110 lollger required for public use.
The right-of-way width in the area requested for vacation varies from seventy-four (74) feet to one hundred forty-
four (144) feet. The ultimate roadway section for Milton Road South, as stated in the City's Comprehensive Plan,
requires sixty-eight (68) feet of right-of-way (see attached figure 1II-3, Section 0), The area to be vacated is
eastward of the eastern boundary of the area required to bring Milton Road South up to the standards shown in the
City's Comprehensive Plan for cross section 0, therefore, the area requested for vacation is not required for public
use.
Criteria #lc
- The vacatioll does IIotabut a body of water, such as a river, a lake, or salt water, exceptfora
public purpose such as a park or port facility alld which reverts to a public authority.
This right-of-way is not located in the vicinity of a body of water, therefore this criteria is not applicable.
B. Discretionary Criteria:
Compliance with the following criteria is not mandatory, but the Council must consider them in making its
decision,
Criteria #2a
- The vacation meets the illtellt of the City's Comprehellsive Plall's gelleral purposes alld
objectives.
The City's Comprehensive Plan has a requirement ofa sixty-eight (68) foot right-of-way for this classification of
roadway, and there will be seventy-four (74) feet of available right-of-way, after the vacation. The area to be
vacated leaves the City with the needed room to construct the improvements called for in the City's
Comprehensive Plan, for Milton Road South, The area to be vacated is zoned Commercial Recreation, and will be
used for this purpose, which also fits the general purpose and objectives of the City's Comprehensive Plan.
Criteria #2b
- The vacatioll provides for all exchange of public property ill the public illteres/.
There is no exchange of public property associated with this vacation petition,
Criteria #2c
- Whether collditiolls may so challge ill the future as to provide a greater use or IIeed thall
preselltly exists.
Because the remaining right-of-way width, after the street vacation, is greater than required by the City's
Comprehensive Plan, future traffic needs will be able to be met within the available space left, after the vacation.
Criteria #2d
- Whether object/oils to the proposed vacat/oll are made by owllers of private property
(exclusive of petit/oilers} abuttillg the same.
EPI Realty Holdings, Inc. is the sole abutting property owner therefore this criterion is not applicable,
Criteria #2e
- The vacatioll would IIOt illterfere with future developmellt or access to other existing or
future developmellts.
August 1,2001
Milton Road South Street Vacation Staff Report
Page 3
Because the remaining right-of-way width, after the street vacation, is greater than required by the City's
Comprehensive Plan, this vacation will not interfere with future development, and has no effect on access to other
existing or future development. Lakehaven Utility District (LUD) and Puget Sound Energy (PSE) both own
utilities, which are located within the right-of-way for Milton Road South that is proposed for vacation. Both PSE
and LUD require an easement be granted for these utilities before the vacation of the property is allowed,
III.
RECOMMENDATION
All criteria as set forth in FWCC Section 13-102 for granting a street vacation have been met. As per RCW
35.79,030, Section I, because the property has been part of a dedicated public right of way for over twenty five
(25) years', the full amount of the appraised value (based on an appraisal acceptable to the City) of the land will
be required as payment to the City. Staff recommends the petition for street vacation ofa portion of Milton Road
South, south of Enchanted Parkway, be granted under the condition that all affected utilities be granted easements
through the property,
'Per the 200 I Regular Session revision to the Revised Code of Washington, which becomes effective July22,
2001.
K,lStr,"Waca!Òon\Final Staff R'port,doc
Exhibit "A"
Enchanted Parks
Job. No, 163-10-000-002
February 27, 2001
LEGAL DESCRIPTION FOR
lEASE AREA TO BE VACATED
That portion of the southwest quarter of Section 28, Township 21 North, Range 4 Eas~
w.M, King County, Washington, being more particular1y described as follows:
COMMENCING at the southwest comer of said Section 28, being a cased monument
with a brass disk with punch mark;
TIiENCE along the west line of said southwest quarter N 01 °26'19" E, 459.58 feet;
THENCE at right angles to said line, S 88°33'41" E, 33.88 feet to a point opposite Highway
Enginee(s Station (hereinafter referred to as H.ES.) 1825+50 on the L£ line as shown on
that Washington State Highway Commission Department of Highways Plan labeled "SR 5
- MP 140.44 to MP 140.99 Pierce County Une to JCT. SR 516 REST AREA", Sheet 3 of 3,
as approved April 17, 1969, and being 175 feet easterly as measured at right angles
therefrom and a point of curvature;
TIiENCE along the easterly margin of said SR-5 as depicted on said plans, northeasterly
183.60 feet along the arc of a non-tangent curve to the left, having a radius of 11635.00,
through a central angle of 00°54'15" to a point on said curve and the TRUE POINT OF
BEGINNING;
TIiENCE leaving said margin N 20°17'19" E, 357.80 feet to a point of curvature;
TIiENCE northeasterly 47.15 feet along the arc of a tangent curve to the righ~ having a
radius of 723.00 fee~ through a central angle of 03°44'11" to a point of tangency;
TIiENCE N 24°01'30" E, 701.97 feet;
TIiENCE N 28°35'56" E, 150.48 feet;
TIiENCE N 24°01 '30" E, 21.93 feet to a point of curvature;
TIiENCE northeasterly 478.16 feet along the arc of a tangent curve to the righ~ having a
radius of 711.00 fee~ through a central angle of 38°31'58" to a point of compound
curvature;
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Exhibit "A"
Enchanted Parks
Job. No. 163-10-000-002
February 27, 2001
THENCE easterty 38.52 feet along the arc of a tangent curve to the right, having a radius
of 25.00 feet, through a central angle of 88°16'21" to the northwesterty extension of the
southwesterty margin of SR-161 as shown on that Washington State Highway
Commission Department of Highways Plan labeled "SR 5 - Pierce County Une to JCT.
SSH No.5-A", Sheet 3 of 20, as approved June 24, 1958;
THENCE along said southwesterty margin S 25°46'20" E, 31.50 feet to the easterty margin
of SR-5, as depicted on said plans, said margin also being the easterty margin of that
portion of land conveyed to King County by instrument number 8505070897, King County
Records;
THENCE continuing along said easterty margin S 58°46'00" W, 341.14 feet;
THENCE continuing along said easterty margin S 24°01 '30" W, 1046.60 feet to a point of
curvature;
THENCE continuing along said easterty margin southerty 37822 feet along the' arc of a
tangent curve to the right, having a radius of 11,635.00 feet, through a central angle of
01 °51'45" to the TRUE POINT OF BEGINNING.
Containing 50,046 square feet or 1.15 acres, more or less.
See attached Exhibit "B",
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TO ACCOMPN-IY LEGAl.. DESCRIPTION FOR
lEASE AREA TO BE VACATED
A PORTION OF THE SW 1/4 OF SECTION 28.
lWP. 21 N., RGE. 4 E., W.M..
KING COUNlY, WASHINGTON
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COMPREHENSIVE PLAN
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STREET and/or ALLEY VACATION and PETITION
Dear Mayor and Federal Way Clry Council:
W~, the und"'¡gned abutting property owoe", boreby respectfully reque" that cerrai.
boreby bo vacated. (General Location)
Le...1 D"criDtion
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Brief Statem,nt Whv Vacation Is Bein. Sou.ht
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Required Atrachments:
~ Verificatioo as to owoenhip:
Copy of deed/contract, supported by King Counry tax roll description,
-or-
Current title report
""" Corporation/Pa"""nhip rú applicable)
Proof 6findividual's authøriry to sign 00 beha1f of Corporation/Pa"""n!úp shall be submitted.
'\¡, Attach a color-cod,d map ofa scale nod... than I" = 200' of the area sought for vacation.
"Note: Map must correspond with leg<! description.
"-Q Application fee
Abutting Properry Owners'
è!P{"
Tax Lot #
Lo~ Block & Plat/Sec. Two. RG
Fee Paid
Appraisal Fce Paid
Treasurer's Receipt No,
Treasurer's Receipt No.
Land Value Paid
Deed Acc'pred
Trade Accepted
Treasurer's Receipt No.
Date:
Dare:
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Enchanted Parks
Job. No, 163-1 0-D00-OO2
February 27, 2001
LEGAL DESCRIPTION FOR
LEASE AREA TO BE VACATED
That portion of the southwest quarter of Section 28, Township 21 North, Range 4 Eas~
W.M, King County, Washington, being more particulany described as follows:
COMMENCING at the southwest comer of said Section 28, being a cased monument
with a brass disk with punch mark;
THENCE along the west line of said southwest quarter N 01 °26'19" E, 459.58 feet;
THENCE at right angles to said line, S 88°33'41' E, 33.88 feet to a point opposite Highway
Enginee~s Station (hereinafter referred to as H.ES.) 1825+50 on the LE line as shown on
that Washington State Highway Commission Department of Highways Plan labeled "SR 5
- MP 140.44 to MP 140.99 Pierce County Une to JCT. SR 516 REST AREA", Sheet 3 of 3,
as approved April 17, 1969, and being 175 feet easteny as measured at right angles
therefrom and a point of curvature;
THENCE along the easteny margin of said SR-5 as depicted on said plans, northeasteny
183.60 feet along the arc of a non-tangent curve to the left, having a radius of 11635.00,
through a central angle of 00°54'15' to a point on said curve and the lRUE POINT OF
BEGINNING;
THENCE leaving said margin N 20°17'19' E, 357.80 feet to a point of curvature;
THENCE northeasteny 47.15 feet along the Arc of a tangent curve to the righ~ having a
radius of 723.00 fee~ through a central angle of 03°44'11' to a point of tangency;
THENCE N 24°01'30" E, 701.97 feet;
THENCE N 28°35'56" E, 150.48 feet;
THENCE N 24°01'30" E, 21.93 feet to a point of curvature;
THENCE northeasteny 478.16 feet along the arc of a tangent curve to the righ~ having a
radius of 711.00 fee~ through a central angle of 38°31 '58" to a point of compound
curvature;
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Job. No. 163-10{XX}DO2
February 27, 2001
THENCE easterly 38.52 feet along the arc of a tangent curve to the light, having a radius
of 25.00 fee~ through a central angle of 88°16'21" to the northwester1y extension of the
southwesterly margin of SR-161 as shown on that Washington State Highway
Commission Department of Highways Plan labeled "SR 5 - Pierce County Une to JCT.
SSH No. 5-f\', Sheet 3 of 20, as approved June 24, 1958;
THENCE along said southwesterly margin S 25°46'20" E, 31.50 feet to the easterly margin
of SR-5, as depicted on said plans, said margin also being the easter1y margin of that
portion of land conveyed to King County by instrument number 8505070897, King County
Records;
THENCE continuing along said easterly margin S 58°46'00" W, 341.14 feet;
THENCE continuing along said easter1y margin S 24°01'30" W, 1046.60 feet to a point of
curvature;
THENCE continuing along said easter1y margin souther1y 37822 feet along the arc of a
tangent curve to the light, having a radius of 11,635.00 feet, through a central angle of
01 °51 '45" to the TRUE POINT OF BEGINNING.
Containing 50,046 square feet or 1.15 acres, more or tess.
See attached Exhibit "B".
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EXHIBIT B
TO ACCOMPANY LEGAL DESCRIPTION FOR
LEASE AREA TO BE VACATED
A PORTION OF THE SW 1/4 OF SECTION 28,
TWP. 21 N.. RGE. 4 E.. W.M..
KING COUNTY, WASHINGTON
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EXHIBIT "A"
City of Federal Way
STAFF REPORT
TO THE LAND USE AND TRANSPORTATION COMMITTEE
PETITION FOR VACATION OF A PORTION OF MILTON ROAD SOUTH
Federal Way File No, 01-100917-O00-00-SV
DATE:
August 1,2001
PROPOSED ACTION:
Petition for vacation of a portion of Milton Road South
PETITIONER:
EPI Realty Holdings, Inc.
LOCATION:
See attached vicinity map, legal description and vacation map
REPORT PREPARED BY:
John Mulkey, Street Systems Engineer
RECOMMENDATION:
Grant Vacation
L
BACKGROUND
EPI Realty Holdings has petitioned the City to vacate a portion of Milton Road South, south of Enchanted
Parkway and on the eastern boundary of the Enchanted Parks parking lot property. See the vicinity map, legal
description (Exhibit A), and accompanying map of the area to be vacated (Exhibit B) for exact location. The
right-ofway width in the area requested for vacation, which abuts the roadway, varies along the frontage of the
abutting property from seventy-four (74) feet to a maximum of one hundred forty-four (144) feet, at the
intersection of Milton Road South and Enchanted Parkway (SR 161). The ultimate roadway section for Milton
Road, according to the City's Comprehensive Plan, requires sixty-eight (68) of right-of-way (see attached figure
1I1-3, Section 0). Currently, EPI Realty Holdings leases a portion of the right of way, in which it maintains
landscaping and part of a parking lot, which includes the portion to be vacated, The street vacation is being sought
as part of the lease agreement with the City. The lease agreement states that on or before six (6) months from the
date of the lease, the lessee agrees to file with the City a petition for vacation of that portion of the leased area
located eastward of the easternmost boundary of improvements required for Milton Road South, as shown in the
City of Federal Way Comprehensive Plan, Map III- 7 and Figure 1I1-3 (Cross Section 0). This is the response to
the petition to vacate that property in accordance with the lease agreement. The area to be vacated has only one
abutting landowner, EPI Realty Holdings, Vacating the requested area of right-of-way would not interfere with
the current or future function of the roadway.
II.
COMPLIANCE WITH CRITERIA DESCRIBED IN THE CITY OF FEDERAL WAY CODE
(FWCC) SECTION 13-102
A. Mandatory Criteria:
The following criteria are mandatory and must be met before a petition for a street vacation may be approved:
Criteria #Ia
- The vacation provides a public benefit or is for a public be/lefit The benefit may ii/elude
eco/lomic or business support tlrat the community as a whole derives from tire abutti/lg
property OW/ler.
August 1,2001
Milton Road South Street Vacation Staff Report
Page 2
The vacation of the portion of Milton Road South will provide a publIc benefit in that the land will bc purchased
by EPI Realty Holdings, selling excess right-of-way the city does not necd to perform any of its required services.
The vacation will also create a uniform right-of-way along Milton Road South, without excess property to be
maintained outside of the required right-of-way. Also the vacation will benefit the business of Enchanted Parks by
allowing them to make improvements to the purchased property,
Criteria #Ib
- The street, alley or portioll thereofis 110 lollger required for pllblic use.
The right-of-way width in the area requested for vacation varies from seventy-four (74) feet to one hundred forty-
four (144) feet. The ultimate roadway section for Milton Road South, as stated in the City's Comprehensive Plan.
requires sixty-eight (68) feet of right-of-way (see attached figure 1ll-3, Section 0), The area to be vacated is
eastward of the eastern boundary of the area required to bring Milton Road South up to the standards shown in the
City's Comprehensive Plan for cross section 0, therefore, the area requested for vacation is not required for publIc
use,
Criteria #lc
- The vacatioll does lIotabuta body of water, sllch as a river, a lake, or salt water, exceptfora
public purpose such as a park or port facility alld which reverts to a public allthority.
This right-of-way is not located in the vicinity ofa body of water, therefore this criteria is not applIcable.
B. Discretionary Criteria:
Compliance with the following criteria is not mandatory, but the Council must consider them in making its
decision,
Criteria #2a
- The vacatioll meets the illtellt of the City's Comprehellsive Plall's gelleral pllrposes alld
objectives.
The City's Comprehensive Plan has a requirement ofa sixty-eight (68) foot right-of-way for this classification of
roadway, and there will be seventy-four (74) feet of available right-of-way, after the vacation. The area to be
vacated leaves the City with the needed room to construct the improvements called for in the City's
Comprehensive Plan, for Milton Road South. The area to be vacated is zoned Commercial Recreation, and will be
used for this purpose, which also fits the general purpose and objectives of the City's Comprehensive Plan,
Criteria #2b
- The vacation provides for an exchallge of public property ill the Pllblic illterest.
There is no exchange of publIc property associated with this vacation petition.
Criteria #2c
- Whether collditiolls may so challge ill the flltllre as to provide a greater use or Ileed thall
preselltly exists.
Becausc the remaining right-of-way width, after the street vacation, is greater than required by the City's
Comprehensive Plan, future traffic needs will be able to be met within the available space left, after the vacation,
Criteria #2d
- Whether objectiolls to the proposed vacatioll are made by owllers of private property
{exclllsive ofpetitiollers} abllttillg the same.
EPI Realty Holdings, Inc, is the sole abutting property owner therefore this criterion is not applicable.
Criteria #2e
- The vacatioll IVouldllot illterfere with futllre developmellt or access to other existillg or
flltllre developlllellts.
August 1,2001
Milton Road South Street Vacation Staff Report
Page 3
Because the remaining right-of-way width, after the street vacation, is greater than required by the City's
Comprehensive Plan, this vacation will not interfere with future development, and has no effect on access to other
existing or future development. Lakehaven Utility District (LUD) and Puget Sound Energy (PSE) both own
utilities, which are located within the right-of-way for Milton Road South that is proposed for vacation. Both PSE
and LUD require an easement be granted for these utilities before the vacation of the property is allowed,
III.
RECOMMENDATION
All criteria as set forth in FWCC Section 13-102 for granting a street vacation have been met. As per RCW
35.79.030, Section I, because the property has been part of a dedicated public right of way for over twenty five
(25) years', the full amount of the appraised value (based on an appraisal acceptable to the City) of the land will
be required as payment to the City. Staff recommends the petition for street vacation ofa portion of Milton Road
South, south of Enchanted Parkway, be granted under the condition that all affected utilities be granted easements
through the property.
'Per the 2001 Regular Session revision to the Revised Code of Washington, which becomes effective July22,
2001.
K,\StreetIVacationlFinal Staff R'port,doc
Exhibit "An
~
Enchanted Parks
Job. No, 163-1 O-DOO-OO2
February 27, 2001
LEGAL DESCRIPTION FOR
LEASE AREA TO BE VACAlED
That portion of the southwest quarter of Section 28, Township 21 North, Range 4 Eas~
WM, King County, Washington, being more particularly described as follows:
COMMENCING at the southwest comer of said Section 28, being a cased monument
with a brass disk with punch mark;
THENCE along the west line of said southwest quarter N 01 °26'19" E, 459.58 feet;
THENCE at right angles to said line, S 88°33'41" E, 33.88 feet to a point opposite Highway
Engineers Station (hereinafter referred to as H.E.SJ 1825+50 on the LE line as shown on
that Washington State Highway Commission Department of Highways Plan labeled "SR 5
- MP 140.44 to MP 140.99 Pierce County Une to JCT. SR 516 REST AREA", Sheet 3 of 3,
as approved April 17, 1969, and being 175 feet easterly as measured at right angles
therefrom and a point of cuNature;
THENCE along the easterly margin of said SR-5 as depicted on said plans, northeasterly
183.60 feet along the arc of a non-tangent CUNe to the left, having a radius of 11635.00,
through a central angle of 00°54'15" to a point on said CUNe and the TRUE POINT OF
BEGINNING;
THENCE leaving said margin N 20°17'19" E, 357.80 feet to a point of cuNature;
THENCE northeasterly 47.15 feet along the arc of a tangent CUNe to the righ~ having a
radius of 723.00 fee~ through a central angle of 03°44'11" to a point of tangency;
THENCE N 24°01'30" E, 701.97 feet;
THENCE N 28°35'56" E, 150.48 feet;
THENCE N 24°01 '30" E, 21.93 feet to a point of cuNature;
THENCE northeasterly 478.16 feet along the arc of a tangent CUNe to the righ~ having a
radius of 711.00 fee~ through a central angle of 38°31'58" to a point of compound
cuNature;
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Enchanted Parks
Job, No. 163-10-000-002
February 27, 2001
THENCE easterly 38.52 feet along the arc of a tangent CUNe to the righ~ having a radius
of 25.00 fee~ through a central angle of 88°16'21" to the northwesterly extension of the
southwesterly margin of SR-161 as shown on that Washington State Highway
Commission Department of Highways Plan labeled "SR 5 - Pierce County Une to JCT.
SSH No.5-A", Sheet 3 of 20, as approved June 24, 1958;
THENCE along said southwesterly margin S 25°46'20" E, 31.50 feet to the easterly margin
of SR-5, as depicted on said plans, said margin also being the easterly margin of that
portion of land conveyed to King County by instrument number 8505070897, King County
Records;
THENCE continuing along said easterty margin S 58°46'00" W, 341.14 feet;
THENCE continuing along said easterly margin S 24°01'30" W, 1046.60 feet to a point of
cuNature;
THENCE continuing along said easterly margin southerly 37822 feet along the. arc of a
tangent CUNe to the righ~ having a radius of 11 ,635.00 fee~ through a central angle of
01 °51 '45" to the TRUE POINT OF BEGINNING.
Containing 50,046 square feet or 1.15 acres, more or less.
See attached Exhibit "B".
f:\eng!\esm-jobs\ 163\ 1 O\documents~eas~cate.doc
Written by: RAE
Checked by: MRB.
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TO ACCOMPANY lEGAL DESCRIPTION FOR
lEASE MEA TO BE VACATED
A PORTION OF THE SW 1/4 OF SECTION 28.
TWP. 21 N., RGC 4 C. W.M..
KING COUNTY. WASHINGTON
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CITY OF FEDERAL WAY
COMPREHENSIVE PLAN
PLANNED STREET SECTIONS
TRANSPORTATION ELEMENT
Legend,
/'/ F""",aIW,yCltyUm'"
/'-~ PO1M""Annexa1lon "'e,
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~
Ro""wayS""lon,
A. "an". HOV
B.' Ian.,. HOV (CltyCen"')
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EXHIBIT "B"
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STREET and/or ALLEY VACATION and PETITION
Dear Mayor and Fede,,¡ Way Ciey CoW>ciI:
W~. the undenigned abutMg property ownc", hereby cespecául!y cequesc that cereain
hereby be vacaced. (Gene,,¡ Location)
Le..1 DemiDtion
10 b--
pnVtd....-.!.
BriefS12tem,ntWhv Vacation Is Beln' Sou.ht
{J} 1'<--r /J~,^, A~'""---J
Reouited Attaehm'n'"
-..¡J Verilìcationastoownenlüp:
Copy of deed/con""et, suppotted by King Couney tax roll description,
-0,'
Cuaent tide report
"'" CorporationlParme,,1üp fú appUcab\e)
Proof 6£lndividual's auchorley to sign on behalf ofCorporation/Partne,,1üp shall be submitted.
'\¡, Attaeh a color-coded map of a reale not Ie.. than I. = 200' of the area sought fot vacation.
"Noce, Map must correspond with \ego! description.
'-<i) Application fce
Abuttin¡: Property Ow...,,'
~
Tax Lot #
Lo~ Block & PlatlSe.. Two.. RG
Fee Paid
Treasurer's Receipt No.
Treasurer's Receipt No.
Appraisal Fee Paid
Lind Vale, Paid
Treasurer's Reœipt No.
Dac"
Deed Acc'pced
Trade Açœpced
Dace.
K,\S1lŒETSIROW\V.,,'on r=<".d~
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Enchanted Parks
Job. No, 163-1 0-D00-D02
February 27, 2001
LEGAL DESCRIPTION FOR
LEASE AREA TO BE VACATED
That portion of the southwest quarter of Section 28, Township 21 North, Range 4 Eas~
W.M, King County, Washington, being more particularly described as follows:
COMMENCING at the southwest comer of said Section 28, being a cased monument
with a brass disk with punch mark;
ll-IENCE along the west line of said southwest quarter N 01 °26'19" E, 459.58 feet;
ll-IENCE at right angles to said line, S 88°33'41" E, 33.88 feet to a point opposite Highway
Engineer's Station (hereinafter referred to as HES) 1825+50 on the LE line as shown on
that Washington State Highway Commission Department of Highways Plan labeled "SR 5
- MP 140.44 to MP 140.99 Pierce County Une to JCT. SR 516 REST AREA", Sheet 3 of 3,
as approved April 17, 1969, and being 175 feet easterly as measured at right angles
therefrom and a point of curvature;
ll-IENCE along the easterly margin of said SR-5 as depicted on said plans, northeasterly
183.60 feet along the arc of a non-tangent curve to the left, having a radius of 11635.00,
through a central angle of 00°54'15" to a point on said curve and the TRUE POINT OF
BEGINNING;
ll-IENCE leaving said margin N 20°17'19" E, 357.80 feet to a point of curvature;
ll-IENCE northeasterly 47.15 feet along the arc of a tangent curve to the righ~ having a
radius of 723.00 fee~ through a central angle of 03°44'11" to a point of tangency;
ll-IENCE N 24°01 '30" E, 701.97 feet;
ll-IENCE N 28°35'56" E, 150.48 feet;
ll-IENCE N 24°01 '30" E. 21.93 feet to a point of curvature;
ll-IENCE northeasterly 478.16 feet along the arc of a tangent curve to the righ~ having a
radius of 711,00 fee~ through a central angle of 38°31 '58" to a point of compound
curvature;
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Enchanted Parks
Job. No. 163-10-000-002
February 27, 2001
THENCE easterty 38.52 feet along the arc of a tangent curve to the righ~ having a radius
of 25.00 fee~ through a central angle of 88°16'21' to the northwesterty extension of the
southwesterty margin of SR-161 as shown on that Washington State Highway
Commission Department of Highways Plan labeled "SR 5 - Pierce County Une to JCT.
SSH No.5-A", Sheet 3 of 20, as approved June 24, 1958;
THENCE along said southwesterty margin S 25°46'20' E, 31.50 feet to the easterty margin
of SR-5, as depicted on said plans, said margin also being the easterty margin of that
portion of land conveyed to King County by instrument number 8505070897, King County
Records;
THENCE continuing along said easterty margin S 58°46'00' W, 341.14 feet;
THENCE continuing along said easterty margin S 24°01'30' W, 1046.60 feet to a point of
curvature;
THENCE continuing along said easterty margin southerly 37822 feet along the. arc of a
tangent curve to the IÎgh~ having a radius of 11 ,635.00 fee~ through a central angle of
01 °51 '45' to the TRUE POINT OF BEGINNING.
Containing 50,046 square feet or 1.15 acres, more or less.
See attached Exhibit "B'.
~ lengr\esm-jobs\ 163\ 1 OldocumentsUease-vacate.doc
Written by: RAE
Checked by: M.R.B.
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EXHIBIT B
TO ACCOMPANY LEGAL DESCRIPTION FOR
LEASE AREA TO BE VACATED
A PORTION OF THE SW 1/4 OF SECTION 28.
TWP. 21 N., RGE. 4 E.. W.M..
KING COUNTY, WASHINGTON
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