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Home My WebLink AboutCOW 2015-02-09 Item 5A - Ordinance - Acquisition of Land for Tukwila Urban Center Pedestrian-Bicycle BridgeCOUNCIL AGENDA SYNOPSIS Iniliair .lIeeting Dale Pre ared by . Ada i r's review Council ret/iew 02/09/15 BG :e d% C 4 02/17/15 BG IN Ordinance AIlg Date 02/17/15 ❑ Bid Award AItg Date 1 / Public Heat7ns ❑ Other Alts Date Aitg Dear AN Date AN Date 02/09/15 SPONSOR ❑ Council ❑ Ahiyor ❑ DCD ❑ Finance ❑ Fire ❑ P &R ❑ Police ITEM INFORMATION ITEmNO. STAFF SPONSok: BOB GIBERSON ORIGINAL AGENDA DATE: 02/09 /15 AGENDA I` .rm Dili: Tukwila Ordinance Urban Center for Acquisition - Pedestrian of Right /Bicycle Bridge Project -of -Way CxT1 G 0 RY E Di:um -ion 02 /09/15 • Motion ❑ Re3'olsttian hltg Date IN Ordinance AIlg Date 02/17/15 ❑ Bid Award AItg Date 1 / Public Heat7ns ❑ Other Alts Date Aitg Dear AN Date AN Date 02/09/15 SPONSOR ❑ Council ❑ Ahiyor ❑ DCD ❑ Finance ❑ Fire ❑ P &R ❑ Police f HR f IT 11 Piv SPC)NSOR'S Final design of the TUC Pedestrian /Bicycle Bridge is underway and right -of -way is needed SUMMARY along the project in order to construct the proposed bridge. This Ordinance will provide the authority to acquire the property at 16113 West Valley Highway. Additional ROW is also needed for parcels on the west side and will be forthcoming. Council is being asked to approve this Ordinance for acquisition and possible condemnation if needed. REVIEWED BY ❑ COW Mtg. ❑ CA &P Cmte Cmte ❑ Arts Comm. • F&S Cmte Comm. CHAIR: JOE rl/, Transportation Cmte • Utilities • Parks ❑ Planning Comm. DUFFIE DATE: 01/20/15 COMMI1 "I'EE RECOMMENDATIONS: SP()NsoR COM /ADNIIN. Public Works Department MI'1TI,I: Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPEN IDITURIv REQUIRI TD AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: 104 ARTERIAL STREETS (PAGE 12, 2015 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION - 02/09/15 02/17/15 MTG. DATE ATTACHMENTS 02/09/15 Informational Memorandum dated 01/16/15 Draft Ordinance with Exhibits of Legal Description and Map TUC Ped Bridge Alignment Options Minutes from the Transportation Committee meeting of 01/20/15 02/17/15 1 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Transportation Committee FROM: Bob Giberson, Public Works Director BY: DATE: Cyndy Knighton, Senior Program Manager January 16, 2015 SUBJECT: TUC Pedestrian /Bicycle Bridge 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 cases, a full take of the single family home at 16113 West Valley Highway, 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 analysis, 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 90% 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. 000580 -0033 'Owners j ROW Required (SF) Nelsen Historical Trust 12,35E 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 right -of -way funds should be within the budgeted CIP project. RECOMMENDATION Council is being asked to approve the Ordinance authorizing acquisition of 16113 West Valley Highway and consider this item at the February 9, 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 W sPW Eng1PROJECTS1A- RW & RS ProjeclsVTLIC Ped Bicycle Bridge (B0510403)1RO1MfnIo Memo - Ordinance ROW Nelsen Parcel Only sh.docx 3 AFT 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 \OrdinancesWcquisition for Pedestrian - Bicycle Bridge Project 12 -31 -14 CK:bjs Page 1 of 3 5 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 \OrdinancesVAcquisition for Pedestrian - Bicycle Bridge Project 12 -31 -14 CK:bjs 6 Page 2 of 3 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 /AUTHENTICATED: 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 Processing \Ordinances\Acquisition for Pedestrian - Bicycle Bridge Project 12 -31 -14 CK:bjs Page 3 of 3 7 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 8 Page 1 of 1 TACOMA. SEATTLE PROPERTY •• LIN£ o 1 14' CHLK FENCE 0 DRAINAGE EAR EN1 TAX LOT NUMBER 000580 -0033 BIRDS HOUSE 10' JALL `) 0 0 STA PROPE DATE: 12/30/2014 CONC TY LINE FILE: EXH- 000580- 0033.DWG 753 911 Ave N SWIM, WA 96109 (206) 266 -1640 www.kpg.com PQ 2502 Jefferson Ave Tacoma, WA 98402 (253) 627 -0720 EXHIBIT B PARCEL 000580 -0033 9 1 0 Multiple Alignments Studied aker oulevard T luaWgJe2Tv ♦ iI ..i. +.'1 i...1.. '1 = 1''y.._a'T s� a ic- may^ �j 11 ;:� C I P[∎ K lit 0y.f / / . 1 /-405 },1�, A 1.61aA O�t6 i r� � g,% 1.16 AC 1 w / �l� r.� .2 0040 I /, //y I% C ^�'J 1!yy 1 361 sy T- Y' 'C' ...1 i. /. ¢`' Ic • 9 A.e: 59092e6 i �ors se. 001", +' '^ "eeeeee:ies� 6 3 z.y160 ...60.1 i' �' '''''''' L N 9 tYA'7te a, A 3 .?*� 1 1 9192xz,x,v. S.],.��l� L. <z e LDiGGE —SJY 60 ea 1L 1.•.. ..1:1 N i11 ' ti n 71 11 1e19o0w;11 -e ... �+. OKiT2 p 1 xosla 6,1 a ro27 e' 9 2 e 215. 106 to,r101.4 g • e_ • -40 !'. TUKWILA URBAN CENTER PEDESTRIAN / BICYCLE BRIDGE CURRENT ALIGNMENT (TS &L ALIGNMENT 2) C 4,1;i'Ut a.k i, ) This trail connection begins near the intersection of Baker Blvd and Christensen Rd and heads north. The trail turns east through the Riverview Plaza property and intersects the Green River Trail. Here the 225 -foot main bridge span crosses the Green River and lands at the Nelsen Parcel. A 164 -foot ramp structure and landing brings trail users to the existing sidewalk along West Valley Highway. GREEN RIVER TUKWILA URBAN CENTER PEDESTRIAN / BICYCLE BRIDGE „ 1 101 200 4 10/27/2014 17 lUawyae4TV rn This trail connection begins near the intersection of Baker Blvd and Christensen Rd and heads north to where the Green River Trail intersects Christensen Road near the northwest corner of the Riverview Plaza property. The alignment follows the existing Green River Trail east towards the proposed bridge location. The bridge crosses the Green River with a 45 -foot approach span and a 220 -foot main bridge span. A 105 -foot ramp structure and landing brings trail users to the existing sidewalk along West Valley Highway. GREEN RIVER Y± r su • VI PROPOSED ALIGNMENT Con,JRAg &Owe a TUKWILA URBAN CENTER PEDESTRIAN / BICYCLE BRIDGE 10/27/2014 PROPOSED ALIGNMENT PLAN GREEN RIVER TRAIL EASEMEN i PAN oN No. 6.19 b' r -PE IN GAUtii ` 'WANSpgN RIVERVIEW IPLAZA 1°' Q ¢iii+: r a: f°r nlrlma Q Iaa �6' GV Consulting Engineers SIM MN SEEM AuMitilW TUKWILA URBAN CENTER PEDESTRIAN / BICYCLE BRIDGE DATE: 10/23/2014 JOB N: 107387 PROPOSED ALIGNMENT PLAN I iMH -2°M1el HORIZONTAL SCALE 55 50 45 40 35 30 25 20 - 15 - - 10 O) PROPOSED ALIGNMENT PROFILE 45 ft Approach Span < x 220 ft Main Span 105 ft Ramp Structure 50 40 30 25 20 15 18 8 hA 51A 1NMU1 1M 0. =1AR' (F SPA 11+10.0 w 8=250 1 a 2 CQ41ER4NE OF 3PAN I G i 3 ;30.61 (FROM SURVEY) SVA SYA 11 +1+00 4 =2515 100 YR WATER RORFACE E1EV+0(64 27.8' (NANO 88) PERI 80.40 ROW PROSES GREEN RIVER, SEC110N AP /A0 PSI 10501002Q OSNWSOOIRRIE 28.4 (FROM SORVEI') OWN i Y B i -2001 5 8 I SURFACE FROM PITY OF TWAIN *88+8 CONTOURS (2013) / �WU0101E - 9 8 +80 9+00 9 +20 9 +40 9 +60 9 +80 10 +00 10 +20 10 +40 10 +60 10 +80 11 +00 11 +20 11 +40 11 +60 11 +80 12 +00 12 +20 12 +10 12 +60 12 +80 13 +00 13+20 13 +40 13 +60 13 +80 14 +00 cUI15111Hng TUKWILA URBAN CENTER PEDESTRIAN / BICYCLE BRIDGE DATE: 10/21/2014 JOB 8: 107387 0 10 20 40 0 25 s 1 ONTAL 1 Y. - 5 lee NORIZOTRAL SCALE ALE VERTICAL SCALE t4, r -41v V' - < • ... ;1. 4 o__ 18 City of Tukwila Transportation Committee TRANSPORTATION COMMITTEE Meeting Minutes January 20, 2015 -- 5 :30 p.m. — Foster Conference Room, 6300 Building PRESENT Councilmembers: Joe Duffle, Chair; Allan Ekberg, Kathy Hougardy Staff: Bob Giberson, Frank Iriarte, Robin Tischmak, Peter Lau, Grant Griffin, Gail Labanara, Laurel Humphrey CALL TO ORDER: Committee Chair Duffle called the meeting to order at 5 :30 p.m. and inquired with Committee members their preference for the meeting start time. The Committee decided to change the start time of the 2015 Transportation Committee to 5:15 p.m. I. PRESENTATIONS Il. BUSINESS AGENDA A. Grant Acceptance: Annual Bridge Inspection and Repair Program Staff is seeking Council approval to accept federal grant funding for three Local Agency Bridge Program awards administered by the Washington State Department of Transportation in the total amount of $5,261899.00. The following three City - owned bridges were submitted as Preventative Maintenance Projects, and all were approved for the funding amounts shown: • South 180th/Frank Zepp Bridge: $3,000,000.00 • Grady Way Bridge: $236,359.00 • Beacon Avenue South Bridge: $2,025,540.00 The Preventative Maintenance Project funds require a 10% local match for design, which is available from the 2015 Annual Bridge Inspection and Repairs Program. Projects that obtain construction authorization by September 30, 2018 are eligible for 100% federal funding for construction. A new Capital Improvement Program page has been created to capture this work. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 2, 2015 REGULAR CONSENT AGENDA. B. Right -of -Way Acquisition for Tukwila Urban Center Pedestrian/Bicycle Bridge over Green River Staff is seeking Council approval of an ordinance that would authorize the acquisition of 16113 West Valley Highway for the Tukwila Urban Center (TUC) Pedestrian /Bicycle Bridge over the Green River Project. The currently proposed design for this project includes a western trail approach which will use a portion of the existing Green River Trail, and a single family home on this property must be removed to accommodate the bridge landing and ADA accessible ramps. In addition, access to the home is needed in order to complete a required Cultural Resources Inventory. The City intends to negotiate a purchase price with the property owner and the right - of -way funding is reflected on the CIP page. Committee members asked clarifying questions and requested that the Committee of the Whole packet include the 12/8 committee material with the bridge alignment and a photograph of the house. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 9, 2015 COMMITTEE OF THE WHOLE WITH A PUBLIC HEARING. 19