HomeMy WebLinkAboutTrans 2008-05-28 Item 3B - Ordinance - Acquisition of Right-of-Way and Easements for Tukwila Urban Center Access (Klickitat)To: Mayor Haggerton
From: Public Works Director
Date: May 9, 2008
Subject: Tukwila Urban Center Access Project (Klickitat)
Project No. 84 -RW19
Ordinance for Acquisition of Right -of -Way, Permanent Easements and
Temporary Construction Easements
ISSUE
Approve ordinance to acquire property for the Tukwila Urban Center Access Project (Klickitat).
DISCUSSION
Final design for Tukwila Urban Center Access Project (Klickitat) is complete. Right -of -Way
(ROW) is needed along the project in order to construct the proposed improvements. Temporary
construction easements and one permanent easement are also necessary. The project is scheduled
for advertisement in the third or fourth quarter of 2008, once the ROW is secured and the Local
Improvement District (LID) funding mechanism is established. There are only two parcels
affected by ROW acquisition, but three parcels will be affected by easements. The details are
shown in the following table with approximate property square footage:
I Temporary
ROW Construction Permanent
Parcel Nos. :Owners Required Easement Easement
(SF) I Required (sf) Required (sf)
262304 -9021 'Legacy Partners I (Southcenter Place) 1 8,671 7,441
537920 -0282 McDonald's Corporation 7,827
643730 -0020 ICHA Southcenter LLC (DoubleTree) 2,009 22,251 2,830
The attached ordinance provides the authority to acquire the needed property. As with previous
projects that have involved acquiring additional property, the City will do everything within its
power to work cooperatively with the property owners. However, should the City not be
successful in these efforts, condemnation of the property would be required. Letters have been
mailed to property owners notifying them of this potential condemnation and the Council's
schedule for ordinance approval.
RECOMMENDATION
Approve ordinance authorizing the acquisition of property for the Tukwila Urban Access Project.
Attachments: Ordinance with legal descriptions and maps
INFORMATION MEMO
p: \projects \a rw rs projects \84rwi9 klickitat sctr pkwy_i5 access rev\information memo row acquisition condemnation 05- 28 -08.doc
ORDINANCE
AN ORDINANCE OF THE CITY OF TUKWILA,
WASHINGTON, AUTHORIZING AND PROVIDING
FOR THE ACQUISITION OF LAND FOR THE
PURPOSE OF CONSTRUCTING THE TUKWILA
URBAN CENTER ACCESS PROJECT (KLICKITAT-
SOUTHCENTER PARKWAY ACCESS REVISION), IN
TUKWILA, WASHINGTON; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE
WHEREAS, in order to maintain and improve existing public streets and to meet the
current and future requirements and goals of the City of Tukwila Comprehensive Plan
related planning documents, it will be necessary for the City to acquire real property; and
WHEREAS, the City of Tukwila will be reviewing and approving specific project plans,
schedules and budgets for the Tukwila Urban Center Access Project (Klickitat-
Southcenter Parkway Access Revision, Project Number 84 -RW19) (the "Project and
WHEREAS, in order to complete the Project, it has been determined that the City of
Tukwila must acquire the property and property rights described in Exhibit A for the
public uses of public streets; and
WHEREAS, the City of Tukwila has commissioned appraisals to determine the fair
market value of the properties and will continue to negotiate in good faith with the
owners of the properties authorized to be acquired with the intent of reaching agreements
for the voluntary acquisition of the property for fair market value; and
WHEREAS, the funds necessary to acquire the property by voluntary purchase or to pay
just compensation adjudged due after condemnation shall be paid from City of Tukwila
funds; and
WHEREAS, the City of Tukwila is authorized by RCW 35A.64.200 and Chapter 8.12
RCW to initiate eminent domain proceedings for the condemnation of the property; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
P: \Cyndy\Klickitat \Condemnation Ordinance 4- 22- 08.doc
Section 1. Public Use and Necessity Declared: The City of Tukwila City Council
specifically fords construction of the Project to be a public use; specifically the
construction of public streets and public walkways providing for additional vehicular and
pedestrian capacity. The City Council specifically fords construction of the Project to be
necessary, and in the best interests of the citizens and motorists within the City of
Tukwila.
Section 2. Mayor Authorized: The Mayor is hereby authorized to negotiate and prepare
such agreements as are customary and necessary for the acquisition of the real property
interests described in Exhibit A, said property to be used for the public use of
construction of the Project. Execution of such fmal agreements by the Mayor shall occur
only after approval by the City Council at an open public meeting.
Section 3. Settlement: The Mayor is further authorized to settle condemnation litigation
or enter administrative settlements (a settlement in lieu of initiating condemnation
litigation) for the acquisition of the real property interests described in Exhibit A. Such
settlements shall be made only upon the recommendation of legal counsel, for amounts
deemed to be a reasonable estimation of fair market value, and shall be subject to final
approval by the City Council at an open public meeting.
Section 4. Condemnation: In addition to the authority granted to the Mayor in Sections
2 and 3 above, condemnation proceedings are hereby authorized to acquire property and
property rights and/or rights in property described in Exhibit A. The Mayor is
additionally authorized to make minor amendments to the legal descriptions of properties
described in the Attached Exhibit A, as may be necessary to correct scrivener's errors or
to conform any legal description to the precise boundaries of the property actually
acquired for construction of the Project. Condemnation of the property is subject to the
making or paying of just compensation to the owners or possessors thereof, in a manner
provided by law.
Section 5. Compensation and Source of Funds: Compensation shall be made for the
land taken and damaged. The funds necessary to acquire the property by purchase or to
pay just compensation adjudged due after condemnation shall be paid from the City of
Tukwila's Capital Improvement Program funds.
Section 6. Severability: Should any section, paragraph, sentence, clause or phrase of
this ordinance, or its application to any person or circumstance, be declared
unconstitutional or otherwise invalid for any reason, or should any portion of this
ordinance be pre empted by state or federal law or regulation, such decision or pre-
emption shall not affect the validity of the remaining portions of this ordinance or its
application to other persons or circumstances.
Section 7. Effective Date: This ordinance shall be published in the official newspaper
of the City, and shall take effect and be in full force five (5) days after the date of
publication.
P: \Cyndy\Klickitat \Condemnation Ordinance 4- 22- 08.doc
ADOPTED BY THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AT A REGULAR MEETING THEREOF, THIS DAY OF
2008.
CITY OF TUKWILA: APPROVED AS TO FORM:
Jim Haggerton Mayor Shelley Kerslake, City Attorney
Published:
Effective:
ATTEST /AUTHENTICATED:
City Clerk
EXHIBIT A
TAX PARCEL 262304 -9021 RIGHT -OF -WAY TAKE
THAT PORTION OF PARCEL 1, CITY OF TUKWILA SHORT PLAT NO. 77 -51 -55 (REVISED),
ALSO KNOWN AS BOUNDARY LINE ADJUSTMENT NO. BLA -3 -79, RECORDED UNDER
AUDITOR'S FILE NUMBER 7904180861, RECORDS OF KING COUNTY, WASHINGTON, BEING
A PORTION OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 23 NORTH, RANGE
4 EAST, W.M., LYING NORTHERLY AND WESTERLY OF THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE STREET CENTERLINE MONUMENT AT THE INTERSECTION OF
SOUTHCENTER PARKWAY AND STRANDER BOULEVARD;
THENCE EASTERLY ALONG THE MONUMENTED CENTERLINE OF STRANDER
BOULEVARD SOUTH 88 °08'47" EAST FOR A DISTANCE OF 112.75 FEET;
THENCE, NORMAL TO SAID CENTERLINE, SOUTH 01°51'13" WEST, FOR A DISTANCE OF
30.00 FEET TO A POINT ON THE SOUTHERLY RIGHT -OF -WAY MARGIN OF SAID STRANDER
BOULEVARD, BEING ALSO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 01 °41'58" WEST FOR A DISTANCE OF 12.83 FEET;
THENCE SOUTH 46°19'11" WEST FOR A DISTANCE OF 59.94 FEET;
THENCE SOUTH 02°19'52" WEST FORA DISTANCE OF 83.03 FEET;
THENCE NORTH 87 °40'07" WEST FOR A DISTANCE OF 2.50 FEET;
THENCE SOUTH 02 °19'52" WEST FOR A DISTANCE OF 155.39 FEET;
THENCE SOUTH 00 °25'30" WEST FOR A DISTANCE OF 56.74 FEET TO THE SOUTH LINE OF
SAID PARCEL 1;
THENCE NORTH 88 °08'47" WEST, ALONG SAID SOUTH LINE, FOR A DISTANCE OF 17.26
FEET TO A POINT ON THE EASTERLY RIGHT -OF -WAY MARGIN OF SAID SOUTHCENTER
PARKWAY AND THE END OF SAID LINE DESCRIPTION.
Prepared by NC 5/8/08
05725.11
EXISTING
UTILITY EASEMENT
EXHIBIT A MAP
LEGACY PARTNERS I TULWILA LLC
RIGHT OF WAY TAKE
S88'08'47 "E 562.49' BASIS OF BEARING
S01'51'13 "W STRANDER BLVD
PARCEL 1
CITY OF TUKWILA
SHORT PLAT 77- 51 -55(R)
SOUTH LINE PARCEL 1
0 30 60 120
Scale In Feet
750 Sixth Street South
Kirkland, WA 98033
p. 425.827.2014 I f. 425.827.5043
Civil I Structural I Planning I Survey
An Engineering Services Company paceengrs.com
SCALE: 1" 60' FILE: \5725– LEGACY.OWG DATE: 5 -8 -08 PROJ. NO.: 05725.11