TIC 2017-05-09 Item 2E - Ordinance - Real Property Condemnation for Chinook Wind Project

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WHEREAS, the City of Tukwila has completed the construction of the Duwamish Gardens habitat project that included the construction of habitat features consistent with the recommendations of the Habitat Plan, as well as passive park features that included trails, viewpoints, and interpretive elements; and WHEREAS, the City of Tukwila has an approved Capital Improvement Project titled "Chinook Wind" that calls for acquisition and construction of riparian and off channel fish habitat and passive park elements; and WHEREAS, on October 19, 2015, the City Council approved a Purchase and Sale Agreement (PSA) with Amalfi Investments, LLC, which included the City's acquisition of real property necessary to link the Chinook Wind and Duwamish Gardens sites in exchange for the City transferring other real property to Amalfi; and WHEREAS, the PSA outlined the parties' obligations, the appraised value of the property, and settlement costs of the property being exchanged; and WHEREAS, on November 9, 2015, Amalfi Investments and the City executed the PSA; and WHEREAS, the City expended seven months and over $75,000 to fulfill its obligations under the PSA, including conducting environmental and cultural assessments, property survey, and boundary line adjustment legal descriptions-, and WHEREAS, in June 2016, Amalfi Investments notified the City they were no longer interested in exchanging properties with the City but were amenable to selling a portion of their property to the City at a price above the previously agreed upon appraised value-, and WHEREAS, after several months of negotiation, the City and Amalfi Investments were unable to agree on just compensation for the property; and WHEREAS, the City Council has found that the public health, safety, necessity, and convenience demand that the linkage between the Duwamish Gardens and Chinook Wind projects be undertaken at this time, and that in order to carry out the project it is necessary at this time for the City to acquire interests and rights to the property described herein; and WHEREAS, the City Council finds and declares it necessary and in the best interest of the public that interests in the land and property rights hereinafter described be condemned, appropriated, and taken for public use, subject to the making or paying of just compensation to the owners thereof in the manner provided by law; and WHEREAS, the City is authorized by RCW 35A.64.200 and Chapter 8.12 RCW to initiate eminent domain proceedings for the condemnation of the property; W: Word Processing\Ordinances\Acquisition for Chinook Wind Project 4-3-17 RL:bjs Page 2 of 4 43