HomeMy WebLinkAboutTrans 2015-01-20 Item 2B - Ordinance - Tukwila Urban Center Pedestrian-Bicycle Bridge Over Green River for Acquisition of Right-of-WayTO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Transportation Committee
FROM: Bob Giberson, Public Works Director
BY: Cyndy Knighton, Senior Program Manager
DATE: January 16, 2015
SUBJECT: TUC Pedestrian/Bicycle Bridqe over the Green River Project
Project No. 90610403
Ordinance for Acquisition of Right-of-Way
ISSUE
Approve Ordinance to acquire one property for the Tukwila Urban Center (TUC) Pedestrian/Bicycle Bridge
over the Green River Project.
BACKGROUND
Final design for the TUC Pedestrian/Bicycle Bridge is underway. Right-of-way is needed along the project in
order to construct the proposed improvements. In December 2014, the Transportation Committee discussed
design revisions studied as part of the Supplemental Type, Size, and Location Report. The original design of
the western trail approach to the new bridge was not in an acceptable location to the affected property owner
of the Riverview Plaza office park. With the new design, the western trail approach will use a portion of the
existing Green River Trail and the bridge location will be north of the original design. In both oaeea, a full take
of the single family home at 16113 West Valley Highvvey, on the east side of the Green River must be
completed to accommodate the bridge landing and ADA accessible ramps.
DISCUSSION
Due to the need for further enalyaia, the project has been delayed approximately a year, including completion
of studies necessary to obtain the environmental permits. In order to complete the Cultural Resources
inventory, access to the single family home at 16113 West Valley Highway is critical. Currently the property
owner is denying access to the site. Additional right-of-way will be necessary from parcels on the west side of
the Green River, however the design is not progressed enough to have acquisition areas defined at this time.
The project design will reach the 80% level in May 2015 and the bid will be advertised later in the year with
construction occurring in 2016. The details are shown in the following table with approximate property square
footage:
Parcel No.
Owners ROW Required (SF)
000580-0033
!Nelsen Historical Trust | 12,356 sf (full parcel)
The attached ordinance provides the authority to acquire the property at 16113 West Valley Highway. 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 the owners notifying them of
this potential condemnation and the Council's schedule for ordinance approval.
FINANCIAL IMPACT
None. Once a purchase price has been negotiated and accepted, the rig funds should be within the
budgeted CIP p ject.
RECOMMENDATION
Council is being asked to approve the Ordinance authorizing acquisition of 16113 West Valley Highway and
consider this item at the February 8, 2015 Committee of the Whole for the public hearing and subsequent
February 17, 2015 Regular Meeting.
Attachments: Ordinance with Exhibits of Legal Description and Map
WAPW Eng 1 PROJECTS \A- RW & RS Projects \TUC Ped Bicycle Bridge (90510403)\ Info Memo - mdinanmnOW Nelsen Parcel Only sb.docx
FT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AUTHORIZING AND PROVIDING FOR
THE ACQUISITION OF INTERESTS IN LAND FOR THE
PURPOSE OF COMPLETING THE TUKWILA URBAN CENTER
PEDESTRIAN - BICYCLE BRIDGE PROJECT; PROVIDING FOR
CONDEMNATION, APPROPRIATION, TAKING OF LAND AND
PROPERTY RIGHTS NECESSARY THEREFORE; PROVIDING
FOR PAYMENT THEREOF AND DIRECTING THE INITIATION OF
APPROPRIATE PROCEEDINGS IN THE MANNER PROVIDED BY
LAW AND FOR SAID CONDEMNATION; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, on January 20, 2009, the City Council adopted the "Walk and Roll
Plan," the City's non - motorized functional plan, by Ordinance No. 2222, which
established a plan and guiding principles and practices for transportation improvements
to encourage walking, bicycling and transit use; and
WHEREAS, on October 21, 2013, the City Council amended the Transportation
Element and the Southcenter/Tukwila Urban Center Element of the Comprehensive
Plan, by Ordinance No. 2413, calling for funding to support a pedestrian- bicycle bridge
to connect the Southcenter Mall to the Sounder Commuter Rail Station; and
WHEREAS, on June 2, 2014, the City Council adopted the Southcenter Subarea
Plan, by Resolution No. 1832, which lists the Pedestrian - Bicycle Bridge Project as a
high priority project necessary to connect Tukwila's two transit hubs and complement
adjacent land uses (both existing and future); and
WHEREAS, on June 2, 2014, the City Council repealed and reenacted certain
sections of Tukwila Municipal Code Chapter 18.28, by Ordinance No. 2443, which
implemented the goals and policies of the Tukwila Comprehensive Plan and the
Southcenter Subarea Plan and specifically established the Transit Oriented
Development Neighborhood District and established a future pedestrian walkway
connecting the Tukwila Transit Center and the Sounder Commuter Rail /Amtrak Station
along the proposed bridge alignment; and
W: Word Processing \Ordinances1Acquisition for Pedestrian - Bicycle Bridge Project 12 -31 -14
CK:bjs
Page 1 of 3
12
WHEREAS, on November 17, 2014, the City Council adopted the 2015-2020
Capital Improvement Program (CIP), by Resolution No. 1848; and
WHEREAS, the City Council has found that the public health, safety, necessity and
convenience demand that the Tukwila Urban Center Pedestrian-Bicycle Bridge Project
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;
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, commonly known as 16113 West Valley Highway, Tukwila, Washington
98188, and further described in the attached Exhibit A and Exhibit B, are necessary for
construction of the Tukwila Urban Center Pedestrian-Bicycle Bridge Project ("the
Project") 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 Project to be a
public use, specifically the construction of a new pedestrian-bicycle bridge across the
Green River, associated ramp approaches to the bridge, and new or improved trail
approaches to provide non-motorized connection from the City's roadway network to the
bridge connecting the Southcenter "core," with its planned land use mix of compact
development including residential, employment, shopping and entertainment, to the
Sounder Commuter Rail/Amtrak Station and surrounding Transit Oriented Development
Neighborhood District. The City Council specifically finds construction of the Project 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 2013-2015 Regional Mobility Grant awarded to Tukwila by the Washington
State Department of Transportation, from general 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.
W: Word Processing \Ordinances \Acquisition for Pedestrian-Bicycle Bridge Project 12-31-14
CK:bjs
Page 2 of 3
13
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.
Section 6. 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
remaining portions of this ordinance or its application to any other person or situation.
Section 7. Effective Date. This ordinance or a summary thereof shall be
published in 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 OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2015.
ATTEST/AUTHENT1CATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Rachel Turpin, City Attorney
Attachments: Exhibit A Legal Description
Exhibit B— Map
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
W: Word Processing1Ordinances \Acquisition for Pedestrian-Bicycle Bridge Project 12-31-14
CK:bjs
Page 3 of 3
14
EXHIBIT A
PARCEL NO 000580 -0033
LEGAL DESCRIPTION
(PER FIRST AMERICAN TITLE COMPANY, ORDER NO. 1892410, DATED MAY 24, 2012)
THAT PORTION OF THE HENRY MEADER D.L.C. #46 LOCATED IN THE NORTHWEST QUARTER OF
SECTION 25, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHERLY MARGIN OF CITY OF SEATTLE BOW
LAKE PIPELINE RIGHT -OF -WAY AND THE WESTERLY MARGIN OF SR #181 (WEST VALLEY
HIGHWAY);
THENCE NORTH ALONG SAID WESTERLY MARGIN 380 FEET;
THENCE WESTERLY TO THE EAST BANK OF THE GREEN RIVER;
THENCE SOUTHERLY ALONG SAID EAST BANK TO THE NORTH MARGIN OF SAID PIPELINE
RIGHT-OF-WAY;
THENCE EAST TO THE POINT OF BEGINNING;
EXCEPT ANY PORTION WITHIN STATE HIGHWAY CONDEMNED UNDER KING COUNTY
SUPERIOR COURT CAUSE NO.592029.
TOGETHER WITH THAT PORTION OF THE HENRY MEADER D.L.C. #46 LOCATED IN THE
SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING
COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING ON A LINE 32.17 FEET NORTH OF THE INTERSECTION OF THE CENTERLINE OF
S.R. 181 AND THE CENTERLINE OF SOUTH 158TH STREET;
THENCE SOUTH 86 °04'17" WEST 60.13 FEET;
THENCE SOUTHERLY ALONG THE WESTERLY MARGIN OF SAID HIGHWAY 495.69 FEET TO THE
TRUE POINT OF BEGINNING;
THENCE SOUTH 86 °04'17" WEST TO THE EASTERLY BANK OF THE GREEN RIVER;
THENCE SOUTHEASTERLY ALONG SAID EASTERLY BANK TO THE WESTERLY MARGIN OF SAID
HIGHWAY;
THENCE NORTHERLY ALONG SAID WESTERLY MARGIN TO THE TRUE POINT OF BEGINNING.
000580 -0033. DOC
Page 1 of 1
TACOMA. SEATTLE
15
PROPERTY
w I
4'
FENCE
DRAINAGE EA
TAX LOT NUMBER
000580 -0033
BIRDS'' HOUSE
10' TALL
r
rn
DATE: 12/30/2014
KPG
753 9th Ave N 2502 Jefferson Ave
Seethe, WA 98109 Tacoma, WA 98402
(206) 286 -1640 (253) 627 -0720
www.kpg.cem
PROPERTY LINE
FILE: EXH- 000580- 0033.DWG
EXHIBIT B
PARCEL 000580-0033
16