HomeMy WebLinkAboutOrd 2467 - Land Acquisition for Tukwila Urban Center Pedestrian-Bicycle BridgeCity of u la
Washington
Ordinance No. d 1
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WHEREAS, on June 2, 2014, the City Council repealed and reenacted certain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
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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.
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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 OFT KWILA, WASHINGTON, at
a Regular Meeting thereof this / (777-/' day of Feb/ ‘4. a./ y , 2015.
ATTEST /AUTHENTICATED:
Christy O'F aherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Rachel B. Turpin, City Attorney
Attachments: Exhibit A — Legal Description
Exhibit B — Map
Kat
or Pro Tempore
Filed with the City Clerk: D -1) -J3
Passed by the City Council: D- ii-L5
Published: Q -,Y3-/ 5
Effective Date: -4 -15
Ordinance Number: ,VI bJ
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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 FEE 1;
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
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TACOMA. SEATTLE
PROPERTY ONE
4';CHLK FENCE'
DRAM AGE EAj
TAX LOT NUMBER
000580 -0033
13IRD.S HOUSE:.
10' MALL
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DATE: 12/30/2014
FILE: EXH- 000580- 0033.0WG
75193�AveN 25O2Mameke
5�9gWA1a109 Taarre,WA98402
(2C6)261640 (29)62iO12O
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EXHIBIT B
PARCEL 000580 -0033
CERTIFICATION
I, Cyndy Knighton, Senior Program Manager, City of Tukwila, Public Works
Department, do hereby certify that I adhered to the requirements in RCW 8.25.290 as
outlined below as they relate to:
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 COMPLE 1 ING 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 DIREL 1 ING THE INITIATION OF APPROPRIATE PROCEEDINGS IN THE
MANNER PROVIDED BY LAW AND FOR SAID CONDEMNATION; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
Requirements of RCW 8.25.290:
Notice of the planned final action shall be mailed by certified mail to each and every property
owner of record as indicated on the tax rolls of the county to the address provided on such tax
rolls, for each property potentially subject to condemnation, at least fifteen days before the final
action. If no address is provided for a property on the tax rolls of the county, the potential
condemnor shall conduct a diligent inquiry for the address for each and every property owner of
record and send the notice to that address. In case the property sought to be appropriated is
school or county land, such notice shall be mailed to the auditor of the county in which the
property sought to be acquired and appropriated is situated.
The notice must contain a general description of the property such as an address, lot number,
or parcel number and specify that condemnation of the property will be considered during the
final action. The notice must also describe the date, time, and location of the final action at
which the potential condemnor will decide whether or not to authorize the condemnation of the
property.
Said mailing occurred on January 13, 2015. The address list is attached.
*The Notice of Final Action was published in the Seattle Times on January 26, 2015 and
February 2, 2015 and in the Daily Journal of Commerce on January 26, 2015 and
February 2, 2015.
Address List:
Nelsen Family Trust 4D0167
C/0 VWC
10510 Northup Way #300
Kirkland WA 98033
Nelsen Family Trust
10750 Aurora Ave North
Seattle WA 98133
City of Tukwila
CITY OF TUKWILA
NOTICE OF FINAL ACTION
NOTICE IS HEREBY GIVEN that the Tukwila City Council is considering final action on
Monday, February 9, 2015 beginning at 7:00 p.m. in the Council Chambers at Tukwila City
Hall, 6200 Southcenter Blvd., Tukwila, WA on the following:
An ordinance authorizing the acquisition of land, including authorization of potential
condemnation of property. The properties considered are located in the City of Tukwila
and identified as parcel numbers 000580 -0033 at 16113 West Valley Highway, Tukwila,
Washington 98188. The full title of the ordinance is as follows:
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.
All interested persons are invited to be present to voice approval, disapproval, or opinions on
this issue. For those unable to attend in person, you may submit written testimony to the City
Clerk's office until 5:00 p.m. on the day of the meeting.
Tukwila City Hall is wheelchair accessible. The City strives to accommodate people with
disabilities. Reasonable accommodations are available at the public hearing with advance
notice. This notice is also available in alternate formats for individuals with disabilities.
Please contact the City Clerk's Office at TukwilaCityClerk @Tukwilawa.gov for assistance.
Christy O'Flaherty, MMC, City Clerk
Published: Seattle Times — January 26, 2015 and February 2, 2015
Published Daily Journal of Commerce — January 26, 2015 and February 2, 2015
City of Tukwila Public Notice of Ordinance Adoption for Ordinances 2467 -2468.
On February 17, 2015 the City Council of the City of Tukwila, Washington, adopted the
following ordinances, the main points of which are summarized by title as follows:
Ordinance 2467: 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.
Ordinance 2468: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, WASHINGTON, REPEALING ORDINANCE NOS. 663 AND
1958, AS CODIFIED IN TUKWILA MUNICIPAL CODE CHAPTER 2.64, AND
REENACTING TUKWILA MUNICIPAL CODE CHAPTER 2.64 RELATED TO THE SALE
OF CITY PROPERTY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
The full text of these ordinances will be provided upon request.
Christy O'Flaherty, MMC, City Clerk
Published Seattle Times: February 23, 2015