HomeMy WebLinkAboutOrd 2540 - Land Condemnation for Duwamish Gardens and Chinook Wind ProjectsAN 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 I OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this .p -day of 12017.
ATTEST /AUTHENTICATED:
Christy O'Fla'fierty, MMC, City Cler;IV Allan Ekberg, Mayor
Rachel B. Turpin, City Attorney
Attachments: Exhibit A — Legal Description
Exhibit B — Map
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 FEETTO THE POINT OF BEGINNING;
THENCE NORTH 810 27'27" EAST A DISTANCE OF 235.31 FEET;
THENCE NORTH 18 °59'50" WEST A DISTANCE OF 55.88 FEET;
THENCE NORTH 84 020'10" WEST A DISTANCE OF 24.07 FEET;
THENCE SOUTH 78 °03'34" WEST DISTANCE OF 52.98 FEET;
THENCE SOUTH 82 043'36" WEST A DISTANCE OF 82.77 FEET;
THENCE SOUTH 72 °34'44" WEST A DISTANCE OF 41.39 FEET;
THENCE SOUTH 74 010'39" WESTA DISTANCE OF 57.64 FEET TO THE WEST LINE OF SAID
GOVERNMENT LOT 1;
THENCE NORTH 01 °44'33" 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;
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NOTICE IS HEREBY GIVEN that the Tukwila City Council is considering final action on
Monday, June 5, 2017 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 CHINOOK WIND
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 property being considered is located in the City of Tukwila and
identified as parcel numbers 1023049059 at 11231 East Marginal Way S)
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 - May 22, 2017 and May 29, 2017
Published Daily Journal of Commerce - May 22, 2017 and May 29, 2017
CA•
I, Ryan Larson, 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 CHINOOK WIND 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 property being considered is located in the City of Tukwila
and identified as parcel numbers 1023049059 at 11231 East Marginal Way S)
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 May 9, 2017. The address list is, ttache¢..
1"2� ✓lP ,
Ryan Larson
*The Notice of Final Action was published in the Seattle Times and Daily Journal of
Commerce on May 22 and 29, 2017 and was also posted in the lobby of City Hall and
placed on the City's website and faxed to community organizations.
Ulty of Tukwila
6200 Southcenter Boulevard p Tukwila, Washington 98188 Jim Haggerton, /Numor
May 9, 2017
Amalfi |nvaahnents.LLC
Attn: Daniel Temkin
PO Box 249
Medina, VVAA8O3B
Subject: Duwamish Gardens/Chinook Wind Project
Proposed Property Acquisition
Project No. 90630102
Dear Property Owner:
VIA Certified Mail
In accordance with 8.25.290 Revised Code of Washington, you are hereby being notified that the City cfTukwila will be
considering an ordinance authorizing the acquisition of property for the above reference projects. The ordinances include
language that would authorize condemnation of property should it become necessary. You are being notified of this
action because according to the King County Tax Records, you are the property owner of a potentially affected parcel.
The property being considered is:
As with all projects that involve acquiring additional property, the City will do everything possible to work cooperatively
with the property owner. The City has been mmddng with Amalfi Investments over the last several years 10 secure this
needed property but wo have not been able to reach a mutually acceptable purchase price. State law requires the City ho
inform property owners that if o cooperative agreement cannot be reached within a reasonable timafname that
condemnation procedures maybe used.
The City Council will bo discussing the Duwomish Gardano/OhinookVVind Projects and the property acquisition proceou,
including the consideration of condemnation, at the May 22, 2017 Committee of the Whole Meeting in Council Chambers
at82UOSouthoenter Boulevard, Tukwila, Washington, The Council will bo considering approving the ordinance during the
Regular Council Meeting on June 5.2O17. Both meetings begin st7:ODp.m. You are invited 10 attend the meetings and
address the Council.
You are invited to review the attached ordinance. The engineering plans for the proposed project are available at the
Public Works Department for review. If you have any questions, please do not hesitate to call Ryan Larson at (206) 431-
24GGormyself ad(20G)433'O179a$ your convenience.
Bob Gibemmn.P.E.
Director, Public Works
cu: Mayor Ekberg
City Attorney
City of Tukwila Public Notice of Ordinance Adoption for Ordinances 2539 -2540.
On June 5, 2017 the City Council of the City of Tukwila, Washington, adopted the
following ordinances, the main points of which are summarized by title as follows:
Ordinance 2539: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 2503 §1, 2402 §2, 2171 §1
(PART) AND 2121 §1 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE
SECTION 16.04.020, "CODES ADOPTED," SUBPARAGRAPH 6, TO ADOPT THE 2017
EDITION OF THE NATIONAL ELECTRICAL CODE AND THE WASHINGTON CITIES
ELECTRICAL CODE AMENDMENTS TO THE 2017 NATIONAL ELECTRICAL CODE;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2540: 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.
The full text of these ordinances will be provided upon request.
Christy O'Flaherty, MMC, City Clerk
Published Seattle Times: June 8, 2017