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Home My WebLink AboutReg 2015-09-08 Item 5A - Ordinance - Right-of-Way Acquisition for South 144th Street Phase II (42nd Avenue South-Tukwila International Boulevard) ProjectCOUNCIL AGENDA SYNOPSIS Meefingg Date Pre ared Ly a ors rev' Council revieav 08/24/15 BG ❑ Resolution Mt Date ® Ordinance Mtg Date 09108115 09/08/15 BG ❑Other g Date Mt SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police ® PW SPONSOR'S Final design of the South 144th St Phase II Project is nearly complete. Right -of -Way is SUMMARY needed along the project in order to construct the proposed improvements. This Ordinance will provide the authority to acquire the right -of -way on four parcels with the most square footage from the King County Housing Authority. Council is being asked to approve this Ordinance for Right -of -Way with possible condemnation, if needed. R WIIEVA D BY F COW Mtg. ❑ CA &P Cmte ❑ F &S Cmte ® Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 08/17/15 COMMITTEE CHAIR: JOE DUFFIE RECOMMENDATIONS: SPONSOR /ADMIN. Public Works Department COmm"17EE Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPI NDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: 104 ARTERIAL STREETS (PAGE 15, 2015 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 08/24/15 Forward to next Regular Meeting 1119 :4 �,Ili!I TO] N� 66 ITEMNO. 5.A. 1 STAFF SPONSOR: BOB GIBERSON ORIGINAL, AGENDA DATE.: 08/24/1S AGENDA TITLE South 144th St Phase II Project (42nd Ave S - Tukwila Int'l Blvd) Ordinance for Acquisition of Right -of -Way CATEGORY ® Discussion MIS Date 08124115 ❑ Motion Mt Date ❑ Resolution Mt Date ® Ordinance Mtg Date 09108115 ❑ Bid ward Mtg Date ® Public Hearing Mt g Date 08124115 ❑Other g Date Mt SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police ® PW SPONSOR'S Final design of the South 144th St Phase II Project is nearly complete. Right -of -Way is SUMMARY needed along the project in order to construct the proposed improvements. This Ordinance will provide the authority to acquire the right -of -way on four parcels with the most square footage from the King County Housing Authority. Council is being asked to approve this Ordinance for Right -of -Way with possible condemnation, if needed. R WIIEVA D BY F COW Mtg. ❑ CA &P Cmte ❑ F &S Cmte ® Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 08/17/15 COMMITTEE CHAIR: JOE DUFFIE RECOMMENDATIONS: SPONSOR /ADMIN. Public Works Department COmm"17EE Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPI NDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: 104 ARTERIAL STREETS (PAGE 15, 2015 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 08/24/15 Forward to next Regular Meeting 09/08/15 MTG. DATE ATTACHMENTS 08124AS Informational Memorandum dated 08/14/15 Draft Ordinance with Exhibits of Legal Descriptions and Maps Minutes from the Transportation Committee meeting of 08/17/15 09/08/15 Ordinance in final form with attachments 1 1: City of Tukwila 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 SOUTH 144TH STREET PHASE II 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, 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 II, 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 W: Word Processing \Ordinances\Acquisition for So 144th St Phase II Project 8 -11 -15 Page 1 of 3 CK:bjs MI 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 II 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; 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 properly 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 II 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 flash 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 W: Word Processing \Ordinances\Acquisition for So 144th St Phase II Project 8 -11 -15 CK:bjs Page 2 of 3 110 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 Kate Kruller, Mayor Pro Tempore 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 W: Word Processing \Ordinances\Acquisition for So 144th St Phase II Project 8 -11 -15 CK:bjs Page 3 of 3 111 112 EXHIBIT A PARCEL NO. 152304-9013 RIGHT OF WAY ACQUISITION 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 144TH STREET; THENCE SOUTH 87'35'01 "EAST ALONG SAID MARGIN, 187.07 FEET TO THE TRUE POINT OF BEGINNING; THENCE EASTERLY, NORTHEASTERLY, AND NORTHERLY ONA 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 42" AVENUE SOUTH AND TERMINUS OF SAID LINE DESCRIPTION. CONTAINING 114 SQUARE FEET, MORE OR LESS. PARCEL (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 PLA TS, 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. OV WASq; CAF y� -1 10, LATA'D 152304-9013-ROW.DOCX Page 1 of 1 1C 1p, c I'll 1A(OMA-SFATFLE 113 SW 1/4, SEC 15, T TAX LOT NUMBER 155420-0033 Li CL TAX LOT NUMBER TAX LOT NUMBER 155420-0834 -4POB/ 0 CD � Of 1 | 23 N, R, 4 E. W.M. TAX LOT NUMBER CD cn Ui | ��. LVARIES TAX LOT NUMBER | 01 11E EXISTING RIGHT 0F S 144TH ST (n LLJ ,� D ATE: MAY 15, 2015 FILE: 152304-9013-KC—DNG EXHIBIT A III III A" ' 2512 1,1 PARCEL 152304-9013 (206) 2� (253) 627-0720 RIGHT OF WAY ACQUISITION | | �| c"J RIGHT OFWAY AREA = 114 S.F± R=2500 ' 10.00'| L_^""" . � TPOB 2 0.17 01 11E EXISTING RIGHT 0F S 144TH ST (n LLJ ,� D ATE: MAY 15, 2015 FILE: 152304-9013-KC—DNG EXHIBIT A III III A" ' 2512 1,1 PARCEL 152304-9013 (206) 2� (253) 627-0720 RIGHT OF WAY ACQUISITION EXHIBIT B PARCEL NO. 004000-0205 THE NORTH TEN FFFT OF THE HEREINAFTER DESCRIBED TRACT CONTAINING /.3/7 SQUARE FEET, MORE ORLESS. TRACT: (PER STEWART TITLE COMPANY ORDER NO. 0/14D-42802, DATED APRIL /6,20/5) PARCEL A: LOT 1, CITY OF TUKWILA SHORT PLAT NO. L06-091, ACCORDING TO THE SHORT PLAT THEREOF RECORDED MARCH 30,20D7 UNDER RECORDING NUMBER 20D70330gO004.AND AMENDMENT THERETO RECORDED FEBRUARY 19,2O09 UNDER RECORDING NUMBER 2009O2/990o0D2, RECORDS OFKING COUNTY, WASHINGTON. PARCEL B: A NON-EXCLUSIVE EASEMENT FOR PARKING PURPOSES AND ACCESS THERETO, AS RESERVED IN INSTRUMENT RECORDS JUNE /4.2D02 UNDER RECORDING NUMBER 20O2O6/400/446, RECORDS 0FKING COUNTY, WASHINGTON. vKD0C:v Page / o/1 �� 4 -�u�-� W NW 1/4, SEC. 22, T 23 N, R. 4 E. W.M. � 1/L�T� c�T �� _ ...... `�' 5 87S5lU^ E � -- -- TAX LOT NUMBER 0O4OO—01SD TAX LOT NUMBER Elm DATE: MAY 4, 2015 FILE: 004000-0205.DWG (20E (253) 627-0720 RIGHT OF WAY ACQUISITION EXHIBIT C PARCEL NO. 004000-0215 RIGHT OF WA Y ACQUISITION THE NORTH TEN FEET OF THE WEST 29.00 FEET OF THE HEREINAFTER DESCRIBED PARCEL `A ". CONTAINING 290 SQUARE FEET, MORE OR LESS. PARCEL 'A-".- (PER STEWART TITLE COMPANY ORDER NO. 01148-42804, DATED APRIL 21, 2015) 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. 57-9-/5- 004000-0215-ROW.DOCX Page I of 1 ]KIP c I, I ACOMA- SL A I It L 117 118 EXHIBIT D PARCEL NO. 004000-0210 THE NORTH TEN FEET OF THE HEREINAFTER DESCRIBED PARCEL A ". CONTAINING 997 SQUARE FEET, MORE OR LESS. 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; ALSO BEING KNOWN AS PARCEL A OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. L96-0056, RECORDED NOVEMBER 14, 1996 UNDER RECORDING NUMBER 9611141476. 6-57-/,5- 004000-0210-ROW.DOCX Page 1 of 1 IKIPCx'ql 1AC0!\A'\-S1-A1 RL im, S- TAX LOT NUMBER 004000-0205 NW 1/4, SEC. 22, T. 23 N., R. 4 E., W.M. S 144TH ST S 87 *35701" E EXISTING -RIGHT OF- WAY -�- 99.70' C� RIGHT OF WAY 12 AREA = 997 S.F.± TAX LOT NUMBER 004000-0210 Y 120