HomeMy WebLinkAboutOrd 2480 - Land Acquisition for South 144th Street Phase II ProjectCl*ty of u la
Washington
Ordinance No. 2480
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
CK:bjs Page 1 of 3
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 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 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
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 TUKWI , WASHINGTON, at
a Regular Meeting thereof this rti _ day of �,�rn ,,— 2015.
ATTEST /AUTHENTICATED: '
LE
Christy O'Flah rty, MMC, City Clerk K4to K u er, 'or Pro Tempore
APPROVED AS TO FORM BY:
Rachel B. Turpin, City Attorney
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number: `aq
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 \OrdinancesWcquisition for So 144th St Phase II Project 8 -11 -15
Page 3 of 3
cK:bjs
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 144T" 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,
PAGE21, RECORDS OFKING 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.
C,
LAS'D
mM�
152304-9013-ROW.DOCX Page 1 of 1
]KIPCI'll
IA -ONAA - SFATFL.F
S# 1/4, SEC 15, T
} TAX LOT NUMBER
155420-0033
Uj
TAX LOT NUMBER
TAX LOT NUMBER
155420-0034
—4POB/
c' CD 3--
|ry
_
23 N, R. 4 E. W.M.
TAX LOT NUMBER
|
TAX LOT NUMBER
1523O4-Q03
RIGHT OFWAY
AREA = 114 S.F±
18lO7
'01"E EXISTING RIGHT UF
S 144TH ST
[�
VARIES
CD
_
TPOB
MR_
c�
CD
U-)
D I ATE: MAY 15, 2015 FILE: 152304-9013-KCI-S.-NG
753 9ti Ave N 09 1 2502 Jeffersm Ave PARCEL 152304-9013
Seatte, WA 981 Tamm WA 98402
(M)HOW 1,253)627-0720 RIGHT OF WAY ACQUISITION
EXHIBIT B
PARCEL NO. 004000-0205
RIGHT OF WAY ACQUISITION
THE NORTH TEN FEET OF THE HEREINAFTER DESCRIBED TRACT.
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 SHORT PLAT NO. L06-091, ACCORDING TO THE SHORT PLAT THEREOF
RECORDED MARCH 30, 2007 UNDER RECORDING NUMBER 2007033090004, AND AMENDMENT THERETO
RECORDED FEBRUARY 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.
NE
IQ Zso%
0
LA14'D
004000-0205-ROW.DOCX Page 1 of 1
XcPlcl
[AC-0,MA- SF1Tl LF
NW 1/4, SEC. 12, l 23 N, R. 4 E. W.M.
/
/
/
/
� 144TH �T
----' �� ~ ' ' '/// u/
587350^E �--- -- --
cmS//mu m6V/ 0F
__L(ISTNCRIGH
CD
RIGHT OF WAY
AREA 1317 S.F.±
TAX LOT NUMBER |
00400-0198 | |
' TAX LOT NUMBER /
' 00480-0205 /
/
/
� TAX LOT NUW8ER /'
� OO408—O21O--/
DATE: MAY 4, 2015 FILE: 004000-0205.DWG
753 9t Ave N 2K2 JeRew A,, PARCEL 00400-0205
Seale, WA 981 Tamma, INA 9842
(206) 286-IFAO (253) 627-0M 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 I I OF PLATS, PAGE 31, RECORDS OF KING COUNTY, WASHINGTON.
57-5-/.5-
004000-0215-ROW.DOCX Page I of I
l< ]PC I
TACOMA- �[ At ft L
NW 1/4, SEC. 22, T. 23 N, R. 4 E., W.M.
S 144TH ST
S 87'35'017'-E - EXISTING -Rl�iH-T -OFVjAy
o R:
29.00'
EXISTING RIGHT OF WAY
RIGHT OF WAY
AREA = 290 S-F-±
TAX LOT NUMBER
004000-0210 TAX LOT NUMBER
004000-0220
TAX LOT NUMBER
004000-0215
N.T. S.
DATE: MAY 4, 2015 FILE: 004000 -0215. DWG
]Ec3pcw,*, EXHIBIT C
753 gib Ave N � 2502 Jefferson Ave PARCEL 004000-0215
Seattle, VA 981 09 Tacoma, WA 98402
(206)28&1640 (253)627-0720 RIGHT OF WAY ACQUISITION
mm Kpg com
EXHIBIT D
PARCEL NO. 004000-0210
r;ltll4amo-laNthur;A#I-# #�i4
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 BLOCK2, 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.
6-5-45-
004 000- 02 1 0- ROW.DOCX Page 1 of 1
lclpcl
SLAIILL
TAX LOT NUMBER /
004000-0205 .
R.4E.W.M.
� 1��1T� ��T
~ ''//// u/
3 873501^ E -- EXI§TING RIGHT --
.
99�70' ----~~��
. /
/ C�
' RIGHT 0F ��Y
c2
| — AREA = 997 S.Fi
TAX LOT NUMBER
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 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.
(Locations: The properties considered are located in the City of
Tukwila and identified as parcel numbers 152304 -9013, 00400 -0205,
004000 -0215, 00400 - 0210252304 -9077 and 252304 -9039 at 4060 S
144th Street, 14410 41st Avenue S, 4057 S 144th Street, 4053 S 144th
Street)
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 August 11, 2015. The address list is attached.
&-w6LA y Kni
9 � � //" %
o
*The Notice of Final Action was published in the Seattle Times on August 10, 2015 and
August 17, 2015 and in the Daily Journal of Commerce on August 10, 2015 and August
17, 2015
King County Housing Authority King County Housing Authority Coi Nguyen & Minh Le
14410 41st Ave S 600 Andover Park W 4057S144 th St
Tukwila WA 98168 Tukwila WA 98188 Tukwila WA 98168
King County Library System King County Library System Minh -Thu T. Bui & Quang T. Le
4060 S 144 h St 960 Newport Way NW 4053S144 th St
Tukwila WA 98168 Issaquah WA 98027 Tukwila WA 98168
O Z
Q �w� 454 O
clety of Tukwila
1908
NOTICE OF
FINAL ACTION
NOTICE IS HEREBY GIVEN that the Tukwila City Council is considering final action on
Monday, August 24, 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 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.
(Locations: The properties considered are located in the City of Tukwila and
identified as parcel numbers 152304 -9013, 00400 -0205, 004000 -0215, 00400-0210252304 -
9077 and 252304 -9039 at 4060 S 144th Street, 14410 41st Avenue S, 4057 S 144th Street,
4053 S 144th Street)
The public is invited to attend all meetings of the Tukwila City Council. All interested
persons are invited to be present to voice approval, disapproval, or opinions on this issue.
Tukwila City Hall is wheelchair accessible. The City strives to accommodate people with
disabilities. Reasonable accommodations are available at the meeting with advanced 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 — August 10, 2015 and August 17, 2015
Published Daily Journal of Commerce — August 10, 2015 and August 17, 2015
City of Tukwila Public Notice of Ordinance Adoption for Ordinance 2480.
On September 8, 2015 the City Council of the City of Tukwila, Washington, adopted the
following ordinance, the main points of which are summarized by title as follows:
Ordinance 2480: 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.
The full text of these ordinances will be provided upon request.
Christy O'Flaherty, MMC, City Clerk
Published Seattle Times: September 11, 2015