HomeMy WebLinkAboutTIC 2017-05-09 Item 2E - Ordinance - Real Property Condemnation for Chinook Wind ProjectPublic Works Department -Dnh Giberson, Director
TO: Transportation and Infrast Committee
FROM: Bob Giberson, Public Works Director - /, ,,
BY: Ryan Larson, Senior Program Manager
CC: Mayor Ekberg
DATE: May 5, 2017
SUBJECT: Chinook Wind
Project No. 91441202
Ordinance for Condemnation of Real Property
ISSUE
Approve Ordinance to acquire property through condemnation for the Chinook Wind Project.
BACKGROUND
The City completed the construction of the Duwamish Gardens habitat site in January 2017. The
DUvv8OliSh Gardens site totals 2.10 acres and was developed 8G8 fish habitat site with minor passive
park features. Habitat features iDC|Vd8 8 backwater channel that will a||OVV jUV8Di|8 G8|DlODidS an area to
rest and feed off the main river channel and native vegetation. [)Uvv8n0ish Gardens also features trails,
interpretive signs, and viewing and sitting areas. King County acquired the 5.83 acres Chinook Wind
site in August 2015 for future development into a habitat mitigation site with minor park elements similar
to Duwamish Gardens. The completed Chinook Wind site is anticipated to eventually be transferred to
Tukwila t0own and maintain.
The Chinook Wind site is approximately 25Q feet dOwDriverOfDUw80ish Gardens. The undeveloped
[k/edPOOi property between the two sites iS owned bv Amalfi Investments A\Dl8lfi\8G part Of8larger
developed p8rCB| that currently operates as 8 freight transfer facility. Staff has VVO[k8d with Amalfi to try
to acquire this undeveloped portion of the property with the intent of linking the two sites and provide a
continuous habitat area and passive park along the 0UVVaDliGh River between East Marginal Way South
and Tukwila International Blvd.
A Purchase and Sale Agreement /PSA\ was executed between the City and Amalfi iD November 2015.
The PSA called for the City to acquire the undeveloped portion of the Amalfi property in exchange for a
portion of the Duwamish Gardens site along with $7,200.00 to make up for the appraised value
difference between the properties to be 8XCh8OgBd. In June Of 2016, ADl8Ki notified the City that they
were no longer interested in purchasing the portion of the City's Duwamish Gardens property specified
in the PSA. but were GLi|| iO[H[8St8d in selling 8 portion of their [iV8rfFOnt property tOthe [|iiy' but at 8
price significantly higher than the appraised value.
ANALYSIS
The City has been working with Amalfi since 2013tO acquire additional property between OUvvGDliSh
Gardens and Chinook Wind. The undeveloped [iverfn3rt property owned hv Amalfi was appraised 81
$07.UOO. which was determined using 8D appraiser hired bv the City and approved by Amalfi. This was
the price agreed upon iD the executed 2O15 PSA.|O8 letter dated July 15.2O1O. Amalfi offered tOsell
the property tO the City for $125'308. This revised price was not based upon 8 formal appraisal, but
rather 0D the property owner's subjective assessment reached after comparing sale prices for other
non-similarly situated properties.
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VAIFORITATIONAL MEMO
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Staff responded 0D August 18.201O that the City could not pay almost twice the appraised value for the
land, but countered with a settlement of $100,000 (subject to City Council approval) in lieu of the
anticipated added costs for condemnation. Amalfi rejected thiSCODdidOD8|0K8[
With King County's acquisition of the Chinook Wind site, acquisition of the riverfront property becomes
essential to link Duwamish Gardens and Chinook Wind and provide continuous park and habitat access
between the two sites. The City had included this property in the Duwamish Gardens construction
project based on the 2015 PSA, but was forced to remove it following the termination of the PSA. King
County is starting the design process for the Chinook Wind site this year and must know whether this
additional property will b8 included. Acquisition Of the additional property and construction 8t8later
date would not b8 feasible due tO access issue.
The acquisition and restoration of this property is consistent with the WRIA 9 goal of providing
RddidOO8| habitat within the DUvv8[niGh T[8DGiUOD Zone LOaid in 8G|DlOO [8COVe[y. It is also CODGiGL8rk
with Tukwila's Comprehensive Plan goals, which calls for restoring and enhancing natural
environmental resources and providing a network of green spaces that are connected to each other.
The acquisition details are shown in the following table with approximate property square footage:
Parcel No. ROW Required (SF)
1023049059 'Amalfi Investments LLC 13,125 sf
The attached draft Ordinance provides the authority k} acquire the needed hV8rfn3[t property. ASwith
previous projects Ul81h8Ve[OqUi[8d8dditiOD8|p[OpertV'Ul8Cib/h8SdUD88vRRthiDgVithiDitSpOvv8r
to work cooperatively with the property owners. However, since negotiations with Amalfi have been
unsuccessful, condemnation Ofthe property will b8 required if the City wants LO construct 8combined
habitat and park site. A letter to the property OVVD8[ has been mailed DObf»iDQ them of this potential
condemnation and Council's schedule for ordinance approval.
FISCAL IMPACT
A final purchase price has not been determined, but budget is available through the Chinook Wind
RECOMMENDATION
Council is being asked to approve the Ordinance authorizing and providing for the possible
condemnation, appropriation, and payment Of just compensation for the [iverfn3[d land that will link
DuVv8DliGh Gardens and Chinook Winds and consider this item 81 the May 22.2U17 Committee Ofthe
Whole meeting and subsequent June 5.2O17 Regular Meeting.
Attachments: Page 1O1.am17C|P
Ordinance with Legal Descriptions and Map
WAPW Eng\PROJECT&A- DR Projects\Chinook*ind (91441202)\Info Memo Chinook Wind Acquisition Ordinance 05051rwsm.docx 40
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2017 to 2022
PROJECT:
Chinook Wind Project No. 91441202
DESCRIPTION:
Purchase and restore site as a salmon estuary and passive park.
The WRIA 9 Salmon Recovery Plan recommends creating 20 -acres of off - channel habitat within the
JUSTIFICATION:
Duwamish Transition Zone and lists this section of the river as critical habitat for salmon recovery
within the Green / Duwamish Watershed.
Property purchased and site cleared by King County in 2015 using King Conservation Futures and
STATUS:
King County Mitigation Bank. Site scheduled to be turned over to Tukwila.
MAINT. IMPACT:
Passive park will require additional maintenance.
Site may be developed by King County. Proposed grant funding for construction is from the KC Mitigation
COMMENT:
Bank, State Salmon Funding Recovery Board, State ALIA, and King County Flood Control District.
FINANCIAL Through Estimated
(in $000's) 2015 2016 2017 2018 2019 2020 2021 2022 BEYOND TOTAL
EXPENSES
Design
6
700
706
Land(R /W)
27
27
Monitoring
15
15
15
10
10
10
10
85
Const. Mgmt.
500
500
Construction
5,000
5,000
TOTAL EXPENSES
1 33
1 0
715
1 15
5,515
1 10
10
1 10
10
1 6,318
FUND SOURCES
Awarded Grant
0
Proposed Grant
600
5,450
6,050
Mitigation Actual
0
Mitigation Expected
0
City Oper. Revenue
33
0
115
15
65
10
10
10
10
268
TOTAL SOURCES
33
0
715
15
5,515
10
10
10
10
6,318
2017 - 2022 Capital Improvement Program 101 41
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 LINKAGE FOR THE
DUWAMISH GARDENS AND CHINOOK WIND PROJECTS;
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, wild Chinook salmon runs were listed as "threatened" under the federal
Endangered Species Act (ESA) in 1999; and
WHEREAS, the Green /Duwamish and Central Puget Sound Watershed Salmon
Habitat Plan was developed as a science -based approach to salmon recovery and was
approved by 17 local governments, including Tukwila; and
WHEREAS, the Habitat Plan outlines actions that should be implemented to help
recover Chinook salmon including the construction of habitat projects within the
Duwamish Transition Zone; and
WHEREAS, the Tukwila Comprehensive Plan Goal 5.9 calls for "Restored,
enhanced and protected natural environmental resources along the river, including
trees, wildlife habitat, and features with value for long -term public, scientific and
educational uses;" and
WHEREAS, the Tukwila Comprehensive Plan Goal 6.2 calls for "A Network of
Green Spaces — Recreational amenities, historical sites, rivers, wetlands, creeks, and
other natural resources that are connected to each other and neighboring networks of
lands. This network defines Tukwila as a Northwest City, and includes visually
significant bands of vegetation that contrast with the build environment;" and
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WHEREAS, the City of Tukwila has completed the construction of the Duwamish
Gardens habitat project that included the construction of habitat features consistent with
the recommendations of the Habitat Plan, as well as passive park features that included
trails, viewpoints, and interpretive elements; and
WHEREAS, the City of Tukwila has an approved Capital Improvement Project titled
"Chinook Wind" that calls for acquisition and construction of riparian and off channel fish
habitat and passive park elements; and
WHEREAS, on October 19, 2015, the City Council approved a Purchase and Sale
Agreement (PSA) with Amalfi Investments, LLC, which included the City's acquisition of
real property necessary to link the Chinook Wind and Duwamish Gardens sites in
exchange for the City transferring other real property to Amalfi; and
WHEREAS, the PSA outlined the parties' obligations, the appraised value of the
property, and settlement costs of the property being exchanged; and
WHEREAS, on November 9, 2015, Amalfi Investments and the City executed the
PSA; and
WHEREAS, the City expended seven months and over $75,000 to fulfill its
obligations under the PSA, including conducting environmental and cultural
assessments, property survey, and boundary line adjustment legal descriptions-, and
WHEREAS, in June 2016, Amalfi Investments notified the City they were no longer
interested in exchanging properties with the City but were amenable to selling a portion
of their property to the City at a price above the previously agreed upon appraised
value-, and
WHEREAS, after several months of negotiation, the City and Amalfi Investments
were unable to agree on just compensation for the property; and
WHEREAS, the City Council has found that the public health, safety, necessity, and
convenience demand that the linkage between the Duwamish Gardens and Chinook
Wind projects 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;
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. The portion of land and property rights within the City of Tukwila, King
County, Washington, commonly known as 11231 East Marginal Way, Tukwila,
Washington 98168, and further described in the attached Exhibit A and Exhibit B, are
necessary for construction of the Chinook Wind 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 additional riparian habitat along the
Duwamish River and the physical connection of the Chinook Wind and Duwamish
Gardens sites and providing for non-motorized pedestrian connection. 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 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.
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.
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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 12017.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Rachel B. Turpin, City Attorney
Attachments: Exhibit A — Legal Description
Exhibit B — Map
Allan Ekberg, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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Exhibit A — Legal Description
THAT PORTION OF GOVERNMENT LOT 1, SECTION 10, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.
M. IN KING COUNTY, WASHINGTON, LYING WESTERLY OF EAST MARGINAL WAY SOUTH,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID GOVERNMENT LOT 1, SECTION 10,
TOWNSHIP 23 NORTH, RANGE 4 EAST;
THENCE SOUTH 01 044'33" WEST ALONG THE WEST LINE OF SAID GOVERNMENT LOT 1 A
DISTANCE OF 740.69 FEET TO THE POINT OF BEGINNING;
THENCE NORTH 810 27'27" EAST A DISTANCE OF 235.31 FEET;
THENCE NORTH 18 059'50"
WEST A DISTANCE OF 55.88 FEET;
THENCE NORTH 84 020'10"
WEST A DISTANCE OF 24.07 FEET;
THENCE SOUTH 78 003'34"
WEST A DISTANCE OF 52.98 FEET;
THENCE SOUTH 82 043'36"
WEST A DISTANCE OF 82.77 FEET;
THENCE SOUTH 72 034'44"
WEST A DISTANCE OF 41.39 FEET;
THENCE SOUTH 74 010'39"
WEST A DISTANCE OF 57.64 FEET TO THE WEST LINE OF SAID
GOVERNMENT LOT 1;
THENCE NORTH 01 044'33" EAST ALONG THE WEST LINE OF SAID GOVERNMENT LOT 1 A
DISTANCE OF 65.09 FEET TO THE POINT OF BEGGINNING;
CONTAINING AN AREA OF 13,125 SQUARE FEET (0.30 ACRES), MORE OR LESS
SUBJECT TO AND TOGETHER WITH EXISTING EASEMENTS;
EN
1pd .Aw LOLddO \(Z060E906
Exhibit B
FqProposed Acquisition Area
_ _ _
S. 112th St.
\
Parcel number: 1023049059
Address: 11231 E MARGINAL WAY S
Gok6e\
'0\\1\les
Duwamish River