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Home My WebLink AboutReg 2015-02-17 Item 5A - Ordinance - Land Acquisition for Tukwila Urban Center Pedestrian-Bicycle BridgeCOUNCIL AGENDA SYNOPSIS --------------------------- - - - - -- -Initial, Meetin ,g Date is review Coundl review 02/09/15 BG Cr ® Ordinance Mtg Date 02117115 ❑ BidAward Mtg Date 02/17/15 BG SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police ® PW SPONSOR'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 ❑ F &S Cmte ® Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 01/20/15 COMMITTEE CHAIR: JOE DUFFIE RECOMMENDATIONS: SPONSOR /ADMIN. Public Works Department COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURI: REQUIRED 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 Forward to Regular Meeting ITEM INFORMATION ITEM NO. 5.A. 27 STAFF SPONSOR: BOB GIBERSON ORIGINAL AGENDA DATE: 02/09/15 AGENDA ITEM TITLE Tukwila Urban Center - Pedestrian/ Bicycle Bridge Project Ordinance for Acquisition of Right -of -Way CATEGORY ® Discussion Mtg Date 02109115 ❑ Motion Mtg Date ❑ Resolution Mtg Date ® Ordinance Mtg Date 02117115 ❑ BidAward Mtg Date ® Public Hearing Mtg Date 02109115 ❑ Other Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police ® PW SPONSOR'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 ❑ F &S Cmte ® Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 01/20/15 COMMITTEE CHAIR: JOE DUFFIE RECOMMENDATIONS: SPONSOR /ADMIN. Public Works Department COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURI: REQUIRED 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 Forward to Regular Meeting 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 Ordinance 27 m Cie Washington Ordinance No. 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 THEREFOR; 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 \Ordinances\Acquisition for Pedestrian - Bicycle Bridge Project 12 -31 -14 CK:bjs Page 1 of 3 29 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 Page 2 of 3 CK:bjs 30 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 Rachel B. Turpin, City Attorney Attachments: Exhibit A — Legal Description Exhibit B — Map Kate Kruller, Mayor Pro Tempore Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing \OrdinancesWcquisition for Pedestrian - Bicycle Bridge Project 12 -31 -14 CK: bjs Page 3 of 3 31 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 004117" 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. Page 1 of 1 000580 -0033.DOC TACOMA- SEATTLE 32 m TY11NE. TAX LOT NUMBER 000580-0033 icd m DATE: 12/30/2014 10, CONC 41 D--; rY LINE HOUSE FILE- EXH-000580- EXHIBIT, B PARCEL 000580-0033 33