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HomeMy WebLinkAboutCOW 2004-05-10 Item 3C - Ordinance - Right-of-Way Condemnation for South 144th Street (Military Road to Tukwila International Boulevard) COUNCIL AGENDA SYNOPSIS y 0{ 4.61` St t Fis G7 Initials ITEM NO. 1 Meeting Date 1 Prepared by 1 Mayoras review Council review I 05/10/04 1 CK sew 1 i. 7 -1 I h' I i V I` I I C 1 908 I I I I I I I I I I ITEM INFORMATION CAS Number: 04-065 I Original Agenda Date: May 10, 2004 Agenda Item Title: Ordinance Authorizing Right -of -Way Condemnation for S 144 Street (Military Rd to Tukwila International Boulevard) Original Sponsor: Council Admin. Public Works Timeline: Sponsor'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 144'" Street. Committee: Forward to COW and then on to Regular for adoption of ordinance. Administration: Same as Sponsor. Cost Impact (if known): Fund Source (if known): 104 Streets (pg. 412004 CIP) Meeting Date 1 Action 05/10/04 I 1 1 1 sue. a q 5"J 3 9f'���x F n,�^v e. -Y"v 9��FW f �'��f�"rt�:yA t t ry n Ft*£r .mot Via' ,.nv.�r:a 3;: +�'n.V aN..isd,a,: s. .4`i _e [.�IiL7 �,r'i _..dulti r .a �Fe6 e °.s`�.�, :.5.er (1 Meeting Date I Attachments 05/10/04 Information Memo dated April 22, 2004 Ordinance with Exhibits A B Transportation Committee Meeting Minutes from April 26, 2004 1 INFORMATION MEMO To: Mayor Mullet From: Public Works Directo~ Date: April 22, 2004 Subject: South 144~h Street Imnrovements (Military Rd to TIB) Right-of-Way/Condemnation Ordinance Project No. 95-RS01 ISSUE Prepare for actions that may be necessary for the City to secure right-of-way and easements for the South 144z Street Improvements project in order to advertise for construction bids by mid July 2o04 BACKGROUND Final design for the South 144~ Street project is f'mished except for underground power, which is currently being coordinated with Seattle City Light and KPG, Inc. Right-of-way is needed along S 144~ St in order to construct the proposed improvements. The project is scheduled for advertisement in mid July of this year, which allows the City to obligate the TIB grant for construction funds before the end of summer. tOW Required by Parcel Existing Land ROW Parcel No. Address Owner Zoning Use Required (SF) South side of S 144t1~ St (west to east) 0040000015 14404 Military Rd S Mitchell, William & Kimberly NCC SF 684 )040000019 14403 34th Ave S Peterson, Loraine M NCC SF 403 ~)040000085 14406 34th Ave S Striker, Gregory W & Patti J MDR SF 584 ;)040000086 3417 S 144th St Sangoeun, Mam & Sim Sophom MDR SF 262 :)040000088 3421 S 144th St Cagle, Ruth Z MDR SF 228 3040000115 3725 S 144th St Peadman Associates - Northwest NCC Larry's Market 3460 3040000136 14413 Tukwila Intl Blvd Paras, Inc. Tosco Marketing Co DC 17 NCC Gas Station 405 No~th side of S 144th St (west to east) 1523049165 14254 37th Ave S Roldan, Marlo HDR MF 21 1523040~85 Cascade View Park City of Tukwila Park 1483 1523049140 3716 S 144th St Livengood, Lynn H NCC True Value 2089 1523049088 McKinney Family Partnership NCC Mixed Retail 1641 1523049295 3742 S 144th St Larry's Markets Inc NCC Mixed Retail 1493 The negotiations with the property owners will begin shortly. At this time, an alternate method of determining land value is being considered by staff. An average price per square foot per land-use type, based on current King County assessed valuations will be offered to property owners during initial negotiations. This method has worked successfully, and Mayor Mullet Page 2 April 22, 2004 quickly, in the past for other jurisdictions. It is critical for the project that negotiations are completed in a timely fashion. If negotiations fail, condemnation proceedings will be necessary to obtain the properties needed. Condemnation must be authorized by the Council and can be a lengthy process. ANALYSIS Due to the current schedule's time limitation for property acquisition, it is recommended to begin condemnation proceedings as soon as possible for all properties identified as being a "take" for construction of the project. Condemnation would then be under way for any properties unable to be acquired through the negotiation process. Then, as successful negotiations and acquisitions occur, those properties would be removed from the condemnation process. It is felt that this is the most expedient way to ensure certification of right-of-way given the current schedule. A draft condemnation ordinance has been prepared for the subject properties. The plan exhibit is attached and the legal description exhibits will be attached to the final version. RECOMMENDATION Take draft document to the Transportation Committee and COW for review and discussion. Forward the condemnation ordinance to the City Council for adoption. attachments 1 fa AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING AND PROVIDING FOR THE 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 PROCEEDINGS IN THE MANNER PROVIDED BY LAW FOR THE CONDEMNATION; PROVIDING FOR SEVERABILITY; AND 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 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 WHEREAS, the City Council finds that public health, safety, necessity, and convenience demand that South 144th Street be improved within the City of Tukwila, in accordance with the Capital Improvement 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 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; 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, channelization, 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 for from the City's Arterial Street 104 Fund. fi -1 Condemnation 5/7/04 Section 3. Condemnation proceedings are hereby authorized to acquire property 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 is?:rt directed to begin to prosecute the proceedings provided by law to condemn, take and 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 t 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 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 in the official newspaper of the City, days ty, and shall take effect and be in full force five da after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2004. ATTEST /AUTHENTICATED: Steven M. Mullet Mayor Jane E. Cantu, CMC, City Clerk Filed with the City Clerk: ;'t APPROVED AS TO FORM BY Passed by the City Council: Published: Effective Date: k Office of the City Attorney Ordinance Number: Attachments: Exhibit A Index and Legal Descriptions Exhibit 13 Roadway Improvements _2_ Condemnation 5/7/04 ATTACHMENT A 8 4E ,9 t•e il 01 li oft_ �OeN kifrei co O 4,1 a n a i t.0 t C a H w v n r j o fr ,q ,y —oral 0 o 6o V n »mg O m 7 N w o �o L A 3 m e oN 6 d N :1F F �.n ©V el 7: g �a II ll o,' Nw 'El' 'Z' cr 0n I co N t L a i^ '6 m« co N W Ri'yi at v im 3m r O Z O :-Li 1,,t n4 .p�¢ v 3,w F n ,r.r' vi 0 or, U. Y isJ Y 1 nl �l—r3 Mr N rg9 in ;f .OZ a U c o CL ,bS'L£L M,.LZ,b I.ZOS i 2 o Itu 3°735'33 E /i k0.S0' /I 261.03' S86'33'03'E McKinney Family Partnership I P 1523048088 INN. 23 N. R. 4 E, WM. i addresses vary for businesses ro N87'35'33'74 184 .27 PARCEL Na 1523049088 x. b WWI PARCEL NO.1523049295 Y p. S O nASN tiIJ i C ni eP S o WA U it 2r it I' m i 1 16933 K Sp OVAL Lin) 1 L 1 EXPIRES 05/26/03 0 i SOUTH 1250' i i 1 641 SF 131.29' 0 20 40 80 SCALE: 1 =40 131.25' 141.62' art S 144TH STREET h R Af ,y P08� T SBJ'JS'JJ'E 4 4 229' ro SW C0R SE S SW 4 SEC. 15. NW. 23 N., R. 4 E., W.M. III ©`A ndrews Gro up. Ltd. .yse CITY OF TUKWILA 914 14001 M!& A7 SOITE 100 BELLEWE M 91I8CTCW 98005 S. 144TH STREET 025)378 -9407 RIGHT -OF -WAY Copyright© 2004 The lkAnd,ers Croup. Ltd ATTACHMENT A Tyyg( N S 144TH STREET M �6 0.'1 Y 46 0 RF'.,:z�1 WM ri- t 3,460 SF I I it NORTH 12.50' 1 LOT 9 I I I BL CK 2 I ADAMS HOME TRACTS PARCEL NO.004000 0 60 120 d mi 1 1 SCALE:1 =6U' A I L OT10 I 4'a o= p� N87'35'33'W V °3 30.00 O je! S' 2a I I z° l .G s I J w. 16 I o p I E Qf WAS” �,`S m .OT 11 Q. 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VY ao 0 u7 U- w to n O u W 8 f u O G4 g r, (L U O s, O v) n ua d 5 a O 7- r s a uyrN p.0 o d O 2 U Q J d N I cam' I ,°0 o mM H ca ..wy' 4'. 2 of 6 ll�,, i E e is oM a N P G a� s iZ� T211 g s 3 ;°mot' Qny�� j g N �n sis+� w gg ''''.7,9- a t a O N 0V-5, Huwu-'"' affi S N N r Q 1 z o r 0) n cm ;D -a- x ft �a cc s x 'r rU o-o U 3 ,OZ I A f lam 4 i A' w W g 1 1 gyp^ o-ts 1 v I C a n -rn �i 0 b d,. n w �Q 1 m °s2 n s Y 6p tO 6 N T Vl N f{'`i. f t fi m 1 J Kw i,, ,.'n 5 W Q al z o c Y d 1 N f 4 f17 1 'S 3 f1N30 141.17c ED V-- i. u7 0 5 "gig vOV K1- V' W 1 3 Y P U s O a w 1 O ,ru on m W O 1 m m, u,, :r,.. v) 2 s 4} o w pro) g�, us e' 9 •■tt ie S 2 6 p- 1 N°+Y y 0 u It 4 U if 1 a V o i 1 i �z 1,,,‘,V4 P t< „N b AT~ACHM~T A South 144th Street Roadway Improvements Attachment B Attachment B A~I~ACHMENT B Transportation Committee April 26, 200'4 Present: Joan Hernandez, Chair; Pam Carter, Joe Duffle Jim Morrow, Cyndy Knighton, Ryan Larson, Brian Shelton, Bob Giberson, Frank Iriarte, Lucy Lauterbach 1, Sound Transit Light Rail Brian gave a very general report on some of the issues he is dealing with on Sound Transit. One issue is the columns that will be used to construct the rail line, and how much space they may take up on Tnkwila International Boulevard. Brian showed three pictures of how the system might look. They will build it by bringing in sections of column and track to install one at a time. The committee members asked if the columns would be graffiti-proofed. Brian said they'll make it easy to remove graffiti. Information. 2. Transportation Concurrency and Impact Mitigation Ordinance Because a recent lawsuit pointed out the need to update Tukwila's concurrency and mitigation ordinance, Cyndy worked to clean up the old ordinance and apply generally the same methodology as before, with some updated numbers. Jim M said it's important to get agreement on a reasonable cost/trip. The first draft presented to the Committee had cost/trip too high for the comfort of the members. They are now proposing a table with the highest cost/trip under $2,500. The City would pay half of the cost of the projects, and that amount would not include grants, which are taken out before the City and developer costs are figured out. It's not clear how the City will fund the projects, though they are in the 6 Year Plan. The paybacks business make will come to the City much later than the projects that are being planned and will be built. Cyndy reiterated that only trips that are an increase over current trips are counted for mitigation. Pam C had some comments about clarifications needed in the ordinance. The Committee understood that this version of traffic concurrency is only to be us.ed until a more thorough study of what can be used, is done next year. Recommend ordinance to Regular Meeting. 3. S. 144th Street Improvements Plans are ready for construction ofS. 144th Street improvements to agrbegin this summer. One of the things that has helped past street projects is a blanket condemnation used when street right of way (ROW) is needed from adjacent property owners. A list of tWelve properties with needed right of way was Provided, and Cyndy pointed out on a large map where the parcels are cared Jim M said this has worked well in the past, removing names off the list as they reach cement with the City. Only one property on both S. 180th and on TIB were needed after all the negotiations were done. The Committee asked if the Samara needed to give ROW, and Cyndy said they did not. Recommend Ordinance to COW and Reeular Meetiml. 4. TIB Phase I and Ribbon Cutting Ceremony If all goes well, City Light will have undergrounded Phase I of TIB by late winter, 2005. A month later all the sidewalk completions and finishing work will be done. However, some thought it would be good to have a ribbon cutting ceremony before the formal completion of this phase. There were a lot of people who helped turn the highway over to the City, and who helped secure funding for its improvement. The highway is being paved this week. Some of the organizations and people who've helped include Senators Patty Murray, Mafia Cantwell, and Margarita Prentice; Congressman Adam Smith; as well as STP, TIB, WSDOT, Safety, and SGI who is donating street trees. August was mentioned as a possible date. Information. 5. First Quarter Reports The Committee members had reviewed the reports and commented on a couple of items, but did not have questions. Information. ~ . Committee chair approval