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Home My WebLink AboutREG 2017-06-05 Item 5A - Ordinance - Condemnation of Land for Duwamish Gardens and Chinook Wind Linkage5.A. ("AS Nu,%itiri(: STAFF SPONSOR: BoB GIBERSON 11V IT': 05/22/17 I 1� I Re Ordinance for Condemnation of Real Property Z Di,,,c' Afsion E],Vofion E]I�e.w&lion ZOnlinance EJNd,,,1;van1 E]Publicllear in,gEl 01hei- M Oa le 05122117 A 1 g Dale A I/S Dam A I J Owe 0510.5117 .11 /g Date il 1 g Da /e A 1Jg Da/e AN S11()NSOR'S Council is being asked to approve the Ordinance that will allow for possible condemnation, St IMNIARY appropriation,, and payment in just compensation for the riverfront land that will link Duwamish Gardens and Chinook Wind. A 2015 Purchase and Sale Agreement, with the owner Amalfi, was unsuccessful after considerable negotiations. An Ordinance is necessary in order to construct a combined habitat and park site with Duwamish Gardens before the Chinook Wind design begins. m, R cow Nit g. ❑ CAM) Cnite ❑ f.-&s cl-rite ZTransportation Cmte ❑ t61itics (,mte ❑ n Arts ❑Comm, E] Parks COMMI El Planning Comill. 05/09/17 (OMNIFY11,"F' CI 1AM: KATE KRULLER RECOMMENDATIONS: 5.A. ("AS Nu,%itiri(: STAFF SPONSOR: BoB GIBERSON 11V IT': 05/22/17 ....... ....... . ....... ....... A(;VNDA hVNITHIF Chinook Wind Ordinance for Condemnation of Real Property Z Di,,,c' Afsion E],Vofion E]I�e.w&lion ZOnlinance EJNd,,,1;van1 E]Publicllear in,gEl 01hei- M Oa le 05122117 A 1 g Dale A I/S Dam A I J Owe 0510.5117 .11 /g Date il 1 g Da /e A 1Jg Da/e SlIONSM E] Cow uil [:] Afa)w- ❑ I /it ❑ DC"D ❑ Finance E] V'bv [:] IT ❑ 11e,-R ❑ Police ®1,11., S11()NSOR'S Council is being asked to approve the Ordinance that will allow for possible condemnation, St IMNIARY appropriation,, and payment in just compensation for the riverfront land that will link Duwamish Gardens and Chinook Wind. A 2015 Purchase and Sale Agreement, with the owner Amalfi, was unsuccessful after considerable negotiations. An Ordinance is necessary in order to construct a combined habitat and park site with Duwamish Gardens before the Chinook Wind design begins. m, R cow Nit g. ❑ CAM) Cnite ❑ f.-&s cl-rite ZTransportation Cmte ❑ t61itics (,mte ❑ n Arts ❑Comm, E] Parks COMMI El Planning Comill. 05/09/17 (OMNIFY11,"F' CI 1AM: KATE KRULLER RECOMMENDATIONS: SlIONSOR/ADMIN. Public Works ("XYMN, ITTUF Unanimous Approval,; Forward to Committee of the Whole COST IMPACT / FUND SOURCE 1,',XPFNI)1TURk RF'QUIRFI) AmOUN'r, BUDGETED APPROPRINnON REQLJ1RED ►0.00 $0.00 Fund Source: 412 SURFACE WATER (PAGE 101, 2017 CIP) Comments: MTG.DATE RECORD OF COUNCIL ACTION 05/22/17 Enrw;,,d Meeting for discuss4ion and arti, 06/05/17 pote-atial MTG. DATE ATTACHMENTS 05/22/17 Informational Memorandum dated 05/05/17 Page 101, 2017 CIP Draft Ordinance with legal descriptions and map City of Tukwila Public Works Administrative Settlement Procedures Miinutes from the Transportation & Infrastructure Committee meeting of 05/09/17 06/05/17 As above I 109 110 0 Publk Works Deriartment - Bob GibersoLJ2�yr'cw- Wpvi MTU7117077*11177177M; M-- FEW Bob Giberson, Public Works Director 1;1 �wr 'M - mimnWIC-7 Mayor Ekberg May 5, 2017 SUBJECT: Chinook Wind Project No. 91441202 Ordinance for Condemnation of Real Property ME== 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 Duwamish Gardens site totals 2.16 acres and was developed as a fish habitat site with minior passive park features. Habitat features include a backwater channel that will allow juvenile salmoniids an area to rest and feed off the main river channel and native vegetation. Duwamish 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 Ttj�wil,2 to own: Q'td uzittqin. con inuous a « i a area an « passive par a ong e wwarn s M ver e ,ztd Tuk%4z litternation.?] Blvd, -M-FiRWA77=1757 Me City L(.) auture Ine unfeveici portion oFfn7F-A7TTaVFPTUPZT(T7ff eAcrlanfe to portion of the Duwamish Gardens site along with $7,200.00 to make up for the appraised value difference between the properties to be exchanged. In June of 2016, Amalfi notified the City that they were no longer interested in purchasing the portion of the City's Duwarnish Gardens property specified in the PSA, but were still interested in selling a portion of their riverfront property to the City, but at a price significantly higher than the appraised value. The City has been working with Amalfi since 2013 to acquire additional property between Duwamish Gardens and Chinook Wind. The undeveloped riverfront property owned by Amalfi was appraised at $67,000, which was determined using an appraiser hired by the City and approved by Amalfi. This w the price agreed upon in the executed 2015 PSA. In a letter dated July 15, 2016, Amalfi off eired to se the property to the City for $125,368. This revised price was not based upon a formal appraisal, but rather on the property owner's subjective assessment reached after comparing sale prices for other non-similarly situated properties, I WTW EAng,PAOJECTSA- DR ProjeosOmook Wind (91441 28440 MernoChftok Mid AqWi OilinwcoOSOSI I gmsmdocx 111 Staff responded on August 18, 2016 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 this conditional offer. 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 Duwarnish 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 be included, Acquisition of the additional property and construction at a later date would not be feasible due to access issue, W, =0 1.1joillFfigli 111rdmizirl I Idu5murl Zsfle OF art In SUMFul feuul�wy. it 16 aiso cunsistem 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: IParcel No. lOwners ROW Required (SF 11023049059 Amalfi Investments LLC 13.125 sf H MAUR T- Fr rd- n habitat and park site. A letter to the prope6 owner has been mailed notifying 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 project. Council is being asked to approve the Ordinance authorizing and providing for the possible condemnation, appropriation, and payment of just compensation for the riverfront land that will link Duwamish Gardens and Chinook Wind and consider this item at the May 22, 2017 Committee of the Whole meeting and subsequent June 5, 2017 Regular Meeting. Attachment& Page 101, 2017 CIP Ordinance with Legal Descriptions and Map W 1PW 15ng'PAOJE 'N'k DR PropclMCtuncok Wind (914412V Irlo Marro Chincu* ffind Acquisition Odinano 050517 gb sm dctx 112 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, STATUS: Property purchased and site cleared by King County in 2015 using King Conservation Futures and King County Mitigation Bank. Site scheduled to be turned over to Tukwila MAINT. IMPACT: Passive park will require additional maintenance, COMMENT: Site may be developed by King County. Proposed grant funding for construction is from the KC Mitigation 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(RA) 27 27 Monitoring 15 15 15 10 10 10 10 85 Const, Mgmt, 500 500 Construction 5,000 5,000 TOTAL EXPENSES 33 1 01 715 1 16 6,515 1 101 10 1 101 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 is 5,515 10 10 10 10 6,318 2017 - 2022 Capital tmprovement Program 101 113 114 0 • 0 i � � • .. • 1 , .... .. , i ar 0 a r w y f O A N N :1 0 M w i iM NMI R i yy Y MM •. i • i WHEREAS, M Chinook w.. • "threatened" • .x federal Endangered Species Y • • 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 • governments, • • Tukwila; and WHEREAS, • outlines actions • • be • e• to help recover Chinook salmon including the construction of habitat projects within the Duwamish Transition • and WHEREAS, the Tukwila Comprehensive • . • calls for "Restored, enhanced and protected • r l resources along the river, including McIlife habitat, and features with value for • • public, scientific r • educational • Spaces WHEREAS, the Tukwila Comprehensive Plain Goal 6.2 calls for "A Network of Green • • awetlands, • other natural resources • »• to each other and neighboring networks of network lands, This defines Tukwila as a Northwest and includes significant bands of vegetation that contrast with the build environment;"' and W, Word Processing Ord`unsnceslAcquisi ion for Chinook Wind Pro'j'ect 4 -3.17 RL bjs Page 1 of 4 115 w w w ii a, M w w a 116 4 -oil w w 0 v v 0• 117 Section 7. Effective Date. Thiis 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. Christy OFlaherty, MMC, City Clerk I MIAMI Attachment& Exhibit A — Legal Descripti Exhibit B NEW, N1160,TAIN09 Filed with the City Clerk: Piassed by the City Council- Published. Effective Date, Ordinance Number., W: Word ProcessingtOrdinances'Acquisition for Chinook Wind Project 4-3-17 RLbjs r IM: ME THAT PORTION OF GOVERNMENT LOT 1, SECTION 10, TOWNSHIP 23 NORTH, RANGE 4 EAST, W, M. IN ICING 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 01044'33 " 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 2.35.31 FEET, THENCE NORTH 18 "59 °50" WEST 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 °43'36" WEST A DISTANCE OF 82.77 FEET, THENCE SOUTH 72 °34`44" WEST A DISTANCE OF 41.39 FEET, THENCE SOUTH 74010'39" WEST A DISTANCE OF 57.64 FEET TO THE WEST LINE OF SAID GOVERNMENT LOT 1; THENCE NORTH 01044'33 " 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; 119 ` . ~ �A��\f` \~-~ | / �� ` O3 ~~ .~~ LO || | ` .. . U U) / / | | | | | / . / | x | -J� -- l__-_ � / / | | / ' ' |----- ----�---- �~�� . / ~ VYAPVVEng\PROJECTS\A,ORPnojmctmV]mmmish Gardens D6-DRO2(9O63O1O2)\CPF7D7_nsv1,odf PDF processed with CutePDF evaluation edition www,CutePDF,com Gk 2ty of Tukwila Jim Haggerton, a I LEMM= February 26, 2009 N Ed Conyers Local Programs Engineer Washington State Department of Transportation P.O. Box 330310 Seattle, WA 98133.921 0 RE: City of Tukwila — Administrative Settlement Procedures Dear Mr. Conyers: James E Morrow, PE., Director Following is the City of Tukwila' s policy and procedures on acquiring real property through Administrative Settlement as requested for approval. of the City's right-of-way acquisition procedures, Approving Authority The Director of Public Works is responsible for the real property acquisition on projects administered by the City and has the authority to approve administrative settlements subject to the following policies and procedures: Process A. Any administrative settlement which exceeds the fair market value as identified in the Review Appraisal inust be documented and thoroughly justified. The rationale for the settlement shall be set forth in writing,, The extent of written explanation is a matter of judgement and should be consistent with the circumstances and the amount of money involved, The Director of Public Works may approve an administrative settlement when it is determined that such action is in the public interest. B. In negotiating an Administrative Settlement, the Director of Public Works must give full consideration to all pertinent information including, but not limited to, the following: All available appraisals, including the owner's, and the probable range of testimony in a condemnation trial. 2. Ability of the agency to acquire the property, or possession, through the condemnation process to meet the construction schedule. Impact of construction delay pending acquisition. 3. The negotiator's recorded information. ............. . 6300 Southcenter Boulevard, Sul te #100 a Tukwila, Washington 98188 e, Phone: 206-433-0179 # Fax: 206-4�4]16 5 • 4. Recent court awards in cases involving similar acquisition and appraisal problems, 5, Likelihood of obtaining an impartial jury in local jurisdiction, opinion of legal counsel where appropriate. 6. Estimate of trial cost weighed against other factors. C. An Administrative Settlement Memorandum is submitted to the Director of Public Works for approval. D� The approved Administrative Settlement Memorandum is transmitted to the Acquisition Agent with instruction to negotiate an administrative settlement that does, not exceed the authorized amount. If you have any questions or need additional infon-nation, please call me at (206) 433-0179. Sincerely, James F. Morrow, P.E. Director Of Public Works File: 2.2 .04 pANvsdot\appruvakVow administrative settlernnt 2.26-09,doc: 122 Transportation & Infrastructure Committee Minutes .... ............ ...... --- ........ May 9,2017 D. Rescitution: Rejectin g Bids for 20 7 Overlay and Repair Program Staff is seeking Council approval of a resolution that would reject all bids for the 2017 Overlay and Repair Program. All four bids received were significantly higher than the Engineer's Estimate, likely from a highly competitive construction market. Staff intends to rebid a smatter program with updated cost estimates. UNANIMOUS APPROVAL. FORWARD TO MAY 15, 2017 REGULAR CONSENT AGENDA. E. Ordinance: Condemnation of Real Property, for Chinook Wind Staff is seeking Council approval of an ordinance that would authorize condemniation of real property located on the riverfront between East Marginal Way South and Tukwila International Boulevard. This will provide a continuous habitat and passive park area between the Duwamiish Gardens and Chinook Wind properties. The City has been working with Amalfi since 2013 to acquire this property, but the most recent offer was for $125,368, nearly twice the appraised value, The Committee requested clarity around the issue of gifting public funds and the City's inability to pay more than assessed value. Staff offered to attach the City's administrative poilic�y regarding thiis to the memo, as well as to label Chinook Wind in the map. UNANIMOUS APPROVAL. FORWARD TO MAY 22$ 2017 COMMITTEE OF THE WHOLE. Grant Al2plications: 2017 Annual Small Drainage Program Staff is seeking Committee approval to submit applications to the King County Flood Control District for construction funding for two projects along the Green River as part of the 2017 Annual Small Drainage Program. One project will install a [ad er, railing and other safety improvements to the Gilliam Creek outfall, and the other will increase the height of a retaining wa(l • the south side of the South 180th Street Green River Bridge. Both projects are estimated to cos,t$15i4,750, UNANIMOUS APPROVAL. Committee ChairApprovat 123