HomeMy WebLinkAboutTrans 2015-08-17 Item 2D - Ordinance - South 144th Street Phase II (42nd Avenue South-Tukwila International Boulevard) for Right-of-Way AcquisitionCity of Tukwila
Jim Haggerton, Mayor
TO:
Mayor Haggerton
ROW Required SF
Transportation Committee
AA
FROM:
Bob Giberson, Public Works Director
BY:
Cyndy Knighton, Senior Program Manager
DATE:
August 14, 2015
SUBJECT:
S 144th Street Phase II Project (42nd Ave S to Tukwila Int'I Blvd)
004000-0210
Project No. 99510402
997 sf
Ordinance for Acquisition of Right -of -Way
ISSUE
Approve Ordinance to acquire property from four separate parcels for the S 1441h Street Phase II Project.
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Final design for the S 1441h Street Phase 11 Project is nearly complete. The 90% plans have been used to develop the right -of-
way (ROW) needs for the project. The City entered into a supplemental agreement with the design consultant, KPG, for the
ROW acquisition process, which included developing the legal descriptions, appraisals, development of Administration Offer
Summaries, and a Project Funding Estimate (PFE) to aid staff in determining budget needs for the ROW phase.
DISCUSSION
Four parcels will be impacted by the additional ROW needs of the S 1441h St Phase II Project. Two are residential properties
and the area needed to purchase is not actively used by the property owners and in fact, operates as a de facto unpaved
sidewalk today. The other two properties are owned by the King County Library System (the site of the existing Foster Library)
and the King County Housing Authority. A small portion of the Foster Library site is needed to accommodate the sidewalk and
curb return at the northwest corner of the S 1441h St and 42nd Ave S intersection, but the impacts to the property are minimal.
The King County Housing Authority site will be impacted the most. A small amount of land (1,317 sq. ft.) needs to be acquired.
Although this is a minimal amount of land, the acquisition results in the loss of two parking stalls and modifications to existing
concrete steps. The details are shown in the following table with approximate property square footage:
Parcel No.
:Owners
ROW Required SF
152304 -9013
King County Library System
114 sf
004000-0205
King County Housing Authority
1,317 sf
004000 -0215
:Nguyen Coi & Ming Le
290 sf
004000-0210
Minh Thu T. Bui & Quang T. Le
997 sf
The attached ordinance provides the authority to acquire the portions of the four properties through the eminent domain process
if necessary. 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. Adoption of this Ordinance prior to the property acquisition process does not commit the City to any financial obligation or
to use the eminent domain process. Condemnation will only be used in the event that standard negotiations are unsuccessful.
RECOMMENDATION
Council is being asked to approve the Ordinance authorizing acquisition of property from four separate parcels and consider this
item at the August 24, 2015 Committee of the Whole and subsequent September 8, 2015 Regular Meeting.
Attachments: Draft Ordinance with Exhibits of legal Description and Map
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DRAFT
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 SOUTH 144TH STREET
PHASE II PROJECT; PROVIDING FOR CONDEMNATION,
APPROPRIATION, TAILING 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, the City has entered into a Disposition and Development Agreement
dated as of October 30, 2012 with the Tukwila Village Development Associates, LLC
(the "Developer'), which gives the Developer exclusive rights to acquire and develop
certain parcels of real property owned by the City located at the intersection of Tukwila
International Boulevard and S. 144th Street, commonly known as the "Tukwila Village
Property;' and
WHEREAS, under Tukwila Municipal Code Section 11.12.030, the Developer is
required to install curbs and gutters, sidewalks and other frontage improvements in
accordance with specifications and standards of the Tukwila Municipal Code and
approved by the Public Works Department as part of the Tukwila Village site
development; and
WHEREAS, the City has funded and will complete a street improvement project
titled South 144th Street Phase 11, which includes minor road widening, sidewalks, bike
lanes, on- street parking, a new traffic signal at 42nd Avenue South, landscaping and
other improvements and amenities in accordance with specifications and standards of
the Tukwila Municipal Code and approved by the Public Works Department; and
WHEREAS, the City and Developer have agreed that the City will construct the
Developer required frontage improvements and amenities because the required
frontage improvements would be more efficiently constructed as part of the City's
Project; 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 South 144th Street Phase 11 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 t6 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; and
WHEREAS, a Notice of Final Action was duly noticed in accordance with RCW
8.25.290, and on August 24, 2015, the Tukwila City Council accepted public comments
relating to the property described herein;
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, identified by tax parcel numbers in King County, Washington as 152304-
9013, 004000-0205, 004000-0215, and 004000-0210, commonly known as 4060 South
144th Street, 14410 41st Avenue South, 4057 South 144th Street, and 4053 South
144th Street, Tukwila, Washington 98188, respectively, and further described in the
attached Exhibits A through Exhibit D, are necessary for construction of the South 144th
Street Phase 11 Project (the "Project") described herein, 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 minor widening to South 144th Street in order
to provide widened sidewalks, bike lanes on both sides of the road, on-street parking,
buffer zones, pavement overlay, upgraded illumination, revised channelization, curb,
gutter, ADA accessible ramps at crosswalks, a mid-block crosswalk with median and
rapid fletsh 'pedestrian beacon, street-scaping, new traffic-actuated signalization at the
intersection of South 144th Street and 42nd Avenue South, and an upgrade to the storm
drainage system. The City Council specifically finds construction of the Project to be
necessary, and in the best interests of its citizens.
Section 3. The cost and expense of acquiring said property rights shall be paid
from the 2015 grant awarded to Tukwila by the Transportation Improvement Board,
impact fees, 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
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compensation, and to approve the payment of just compensation as negotiated with
said owners or as ordered by the Court.
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 12015.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
Rachel B. Turpin, City Attorney
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:_
Published:
Effective Date:
Ordinance Number:
Attachments: Exhibit A — Legal Description and Map for Parcel No. 152304-9013
Exhibit B — Legal Description and Map for Parcel No. 004000-0205
Exhibit C — Legal Description and Map for Parcel No. 004000-0215
Exhibit D — Legal Description and Map for Parcel No. 004000-0210
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EXHIBIT A
PARCEL NO. 152304-9013
THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL "A,' LYING SOUTHEASTERLY OF THE
FOLLOWING DESCRIBED LINE;
BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL `A ", SAID CORNER ALSO BEING ON THE
NORTH MARGIN OF SOUTH 144' STREET,
THENCE SOUTH 87'35'01 " EAST ALONG SAID MARGIN, 187.07 FEET TO THE TRUE POINT OF BEGINNING;
THENCE EASTERLY, NORTHEASTERLY, AND NORTHERLY ON A CURVE TO THE LEFT, WHOSE CENTER
BEARS NORTH 02'24'59" EAST, 25.00 FEET, AN ARC DISTANCE OF 39.69 FEET TO THE WEST MARGIN OF
42ND AVENUE SOUTH AND TERMINUS OF SAID LINE DESCRIPTION.
CONTAINING 114 SQUARE FEET, MORE OR LESS.
PARCEL "A ".
(PER STEWART TITLE COMPANY ORDER NO. 01148- 42382, DATED APRIL 9, 2015)
THAT PORTION OF THE SOUTH 294.50 FEET OF THAT PORTION OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 4 EAST, W. M., IN KING COUNTY,
WASHINGTON, LYING EASTERLY OF THE PLAT OF CHERRY LANE, RECORDED IN VOLUME 48 OF PLATS,
PAGE 21, RECORDS OF KING COUNTY, WASHINGTON;
EXCEPT THE NORTH 65 FEET OF THE EAST 120 FEET THEREOF,
AND EXCEPT THE EAST 30 FEET AND THE SOUTH 20 FEET FOR ROADS;
AND EXCEPT THAT PORTION OF THE REMAINDER DEEDED TO KING COUNTY FOR ROAD PURPOSES BY
RECORDING NUMBERS 7503240296 AND 7910010716.
152304- 9013- ROW.DOCX Page 1 of 1
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DATE: MAY 15, 2015 FILE: 152304-9013-KCLS.DWG
753 b Ave N 09 1 2502 Jefferson Ave -9013
Seade, VVA 981 Tamm, WA 98402 PARCEL 152304
(M) 25 1640 (253) 627V20
www.kpg,com RIGHT OF WAY ACQUISITION
40
EXHIBIT B
PARCEL NO. 004000-0205
RIGHT OF WAY ACQUISITION
CONTAINING 1,317 SQUARE FEET, MORE OR LESS.
TRACT:
(PER STEWART TITLE COMPANY ORDER NO. 01148-42802, DATED APRIL 16, 2015)
PARCEL A:
LOT 1, CITY OF TUKWILA SHORTPLAT NO. L06-091, ACCORDING TO THE SHORTPLAT THEREOF
RECORDED MARCH 30 2007 UNDER RECORDING NUMBER 2007033090004 AND AMENDMENT THERETO
RECORDED FFRPUARY 19,2009 UNDER RECORDING NUMBER 20090219900002, RECORDS OF KING
COUNTY, WASHINGTON.
PARCEL B:
A NON-EXCLUSIVE EASEMENT FOR PARKING PURPOSES AND ACCESS THERETO, AS RESERVED IN
INSTRUMENT RECORDS JUNE 14, 2002 UNDER RECORDING NUMBER 20020614001446, RECORDS OF KING
COUNTY, WASHINGTON.
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004000-0205-ROW.DOCX Page 1 of 1
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EXHIBIT C
PARCEL NO. 004000-0215
RIGHT OF WAY ACQUISITION
THE NORTH TEN FEET OF THE WEST 29.00 FEET OF THE HEREINAFTER DESCRIBED PARCEL "A".
PARCEL A ".
(PER STEWART TITLE COMPANY ORDER NO. 01148-42804, DATED APRIL 21,201,15)
THE WEST 36.00 FEET OF THE NORTH 155.00 FEET OF LOT 18 AND THE EASTERLY 29.00 FEET OF THE
NORTH 155.00 FEET OF LOT 17, BLOCK 2, ADAMS HOME TRACTS, ACCORDING TO THE PLAT THEREOF
RECORDED IN VOLUME 11 OF PLATS, PAGE 31, RECORDS OF KING COUNTY, WASHINGTON.
004000-0215-ROWDOCX Page 1 of 1
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EXHIBIT D
PARCEL NO. 004000-0210
RIGHT OF WAY ACQUISMON
PARCEL `A ":
(PER STEWART TITLE COMPANY ORDER NO. 01148- 42803, DATED APRIL 22, 2015)
LOT 17 EXCEPT THE EAST 29 FEET OF THE NORTH HALF THEREOF; AND THE WEST 17.70 FEET OF THE
SOUTH 60 FEET OF LOT 18; AND THE WEST 17.70 FEET OF THE NORTH 10 FEET OF LOT 19;
ALL IN BLOCK 2, ADAMS HOME TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11
OF PLATS, PAGE 31, RECORDS OF KING COUNTY, WASHINGTON;
6-57-/S-
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