HomeMy WebLinkAboutReg 2004-05-17 Item 6D - Ordinance - Right-of-Way Condemnation for South 144th Street (Military Road to Tukwila International Boulevard)O CoUilJCIL AGENDA 7oPsIS
Initials ITEM NO.
I Meeting Date Prepared by Mayor's review Council review
05/10/04
05.17.04
CAS Number: 04-065 { Original Agenda Date: May 10, 2004
Agenda Item Title: Ordinance Authorizing Right-of-Way Condemnation for S 144th Street
{Military Rd to Tnkwila International Boulevard)
Original Sponsor: Council Admin. Public Works
Timeline:
$ponsor's Summary: Right-of-Way is required to construct the planned S 144th Street Improvements. Acquisition
will be negOtiated with the property owners. In the event that negotiations fail, condemnation
will be required. Project time constraints necessitate that authorization to proceed with
condemnation be given by ordinance as soon as possible.
Recommendations:
Sponsor: Adopt Ordinance for Condemnation of Right-of-Way along S 1 Street.
Committee: Forward to COW and then on to Regular for adoption of ordinance.
,~clrainlstration: Same as Sponsor.
Cost Impact (if known):
Fund Source (iflmown): 104 Streets (.~pg. 41 2004 CIP)
AeHon
05/10/04 Disc-Jssion b.ld at COW meeting. Consensus existed to forward the p~pgsed
ordinanceS'to the May 17 Regular meeting for a~ion. .......
Attachments
05/10/04 Information Memo dated April 22, 2004
! with Exhibits A & B
Transportation Committee Meeting Minutes from April 26, 2004
05-17-04 Ordinance - final format. (Refer to 5/10/04 ~OW packet For Exhibits A & B)
;t t gip:
%,'P+._.WAkl
1908
City of Tukwila
Washington
Ordinance No.
r!
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AUTHORIZING AND PROVIDING FOR THE
1#.4e. ACQUISITION OF LAND FOR THE PURPOSE OF CONSTRUCTING THE
SOUTH 144Th STREET ROAD IMPROVEMENTS; PROVIDING FOR
CONDEMNATION, APPROPRIATION AND TAKING OF LAND 'AND
PROPERTY RIGHTS NECESSARY THEREFORE; PROVIDING FOR THE
COST THEREOF; DIRECTING THE INITIATION OF APPROPRIATE
:`r;,`:;;;. PROCEEDINGS IN THE MANNER PROVIDED BY LAW FOR THE
CONDEMNATION; PROVIDING FOR SEVERABILITY; AND
ar,•.. ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council, on December 15, 2003 by Ordinance No. 2036, did
adopt the year 2004 City budget and did provide therein for a transportation program
that included funding for South 144th Street Improvements; and
WHEREAS, the Capital Improvement Program provides for the acquisition of land
and property for improvement of South 144th Street; and
WHEREAS, the City of Tukwila Capital Improvement Program provides for the
City's roadway reconstruction and safety improvements, which coordinates road
projects with other elements of the Larger transportation system, abutting land uses and
Fi business, industry, government, and residential processes; and
WHEREAS, the City needs to acquire the property and property rights necessary
to facilitate reconstruction of the widened road with curb, gutter and sidewalk within
the time constraints set forth by outside funding sources; and
;a„ WHEREAS, the City Council finds that public health, safety, necessity, and
r r;: convenience demand that South 144th Street be improved within the City of Tukwila, in
accordance with the Capital Imr.,,.u.,ent Program, and that certain properties,
property rights, and rights in property be condemned, appropriated; taken, and
damaged for public use, subject to the making or paying of just compensation to the
owners thereof in the manner provided by law; and
4,/ WHEREAS, the City is authorized by RCW 35A.64.200 and RCW Chapter 8.12 to
initiate eminent domain proceedings for the condemnation of the property;
H NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA;
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. The City Council has deemed it necessary and in the best interest of the
citizens of Tukwila that the lands described in the attached "Exhibit A" and shown in
"Exhibit B," and other property rights, and or rights in property be condemned,
appropriated, taken, and damaged for the purpose of extended reconstruction of the
widened road. The project will include curb, gutter, sidewalks, landscaping,
illumination, drainage, channeli7ation, and related improvements. The project will
require significant reconstruction of the roadway as well as relocation /reconstruction
of utilities, subject to the making or paying of just compensation to the owners herein in
the manner provided by law.
Section 2. Compensation shall be made for the land taken and damaged. The
costs and expenses for acquiring all interests and rights in said property shall be paid
f'. for from the City's Arterial Street 104 Fund.
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Sr�iworWif(of
.;j: Section 3. Condemnation proceedings are hereby authorized to acquire property
P g Y 4 P PertY
and property rights and or rights in property, together with the right to construct and
maintain slopes for cuts and fills on certain abutting properties described in the
attached "Exhibit A" and shown in "Exhibit B" for the purpose of the subject road
improvements.
Section 4. The attorneys for the City of Tukwila are hereby authorized and
directed to begin to prosecute the proceedings provided by law to condemn, take and
L r' appropriate the land and other property, and property rights necessary to carry out the
provisions of this ordinance.
Section 5. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
Ry..
"st remaining portions of this ordinance or its application to any other person or situation.
Section 6. Effective Date. This ordinance or a summary thereof shall be published
m the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OP TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of .2004.
i f
ATTEST /AUTHENTICAttO:
Steven M. Mullet, Mayor
Jane E. Cantu, CMC, City Clerk
Filed with the City Clerk:
APPROVED AS TO FORM BY Passed by the City Council:
Published:
Effective Date:
Office of the City Attorney Ordinance Number:
Attachments:
Exhibit A Index and Legal Descriptions
t'I Exhibit B Roadway Improvements
J'
L. 'ittL'
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Condemnation 5/13/04