TIC 2017-10-24 Item 2E - Ordinance - Condemnation of 53rd Avenue South (South 137th - South 144th Street) Property

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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; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. The land and property rights within the City of Tukwila, King County, Washington, located along 53rd Ave S. between S. 139th St. and S. 142nd St. and further described in the attached Exhibits A through G, are necessary for construction of the 53rd Ave S. roadway and surface water projects described above, subject to making or paying just compensation to the owners thereof in the manner provided by law. Section 2. The City of Tukwila specifically finds construction of the Projects to be a public use, specifically the construction of widening of a portion of 53rd Ave S. to accommodate new sidewalks, wider lanes, curb ramps, storm drainage facilities, and utilities. The City Council specifically finds construction of the Projects to be necessary, and in the best interests of the citizens. Section 3. The cost and expense of acquiring said property rights shall be paid from the 103 Residential Streets and 412 Storm Water Funds of the City of Tukwila and from other monies applicable thereto that the City may have available or may obtain. The Director of the Public Works Department or his designee is hereby authorized to negotiate with and make offers to the owners of said land or property for the purposes of making or paying just compensation, and to approve the payment of just compensation as negotiated with said owners or as ordered by the Court. Section 4. In the absence of negotiated purchases with the affected property owners, the City Attorney is hereby authorized and directed to undertake proceedings provided by law to condemn, appropriate, and take the property necessary to carry out the provisions of this ordinance. The City Attorney is further authorized to approve and enter into any and all such agreements, stipulations, and orders necessary to carry out the provisions of this ordinance, including for the payment of just compensation as agreed to with the property owners, or as ordered by the Court. Section 5. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. W: Word Processing\Ordinances\Acquisition for 53rd Ave S Projects 10-16-17 RL:bjs Page 2 of 3 27