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Home My WebLink AboutCOW 2017-11-13 Item 5H - Ordinance - Land Acquisition for 53rd Avenue South Roadway / Surface Water Drainage SystemCOUNCIL AGENDA SYNOPSIS ----------------------------------Initials Meeting Date Prepared by Ma orf review Council review 11/13/17 RT `r-- D01 11/20/17 RT ❑ BidAivard Mt g Date ❑ Public Hearing g Date Aft ❑ Other Mt g Date SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police ® PW SPONSOR'S Final design of the 53rd Ave S Residential Street Project is nearly complete. Right -of -Way is SUMMARY needed along the street in order to construct the proposed improvements. This Ordinance will provide the authority to acquire the right-of-way on seven parcels, with the most square footage from the Tukwila School District. Council is being asked to approve this Ordinance for Right -of -Way with possible condemnation, if needed. REVIEWFD BY ❑ COW Mtg. ❑ CA&P Cmte ❑ F&S Cmte ® Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 10/24/17 COMMITTEE CHAIR: KATE KRULLER RECOMMENDATIONS: SPONSOR/ADMIN. Public Works Department COMMITI'EE Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE ITEM INFORMATION ITEMNO. 5.H. STAFF SPONSOR: ROBIN TISCHMAK ORIGINAL AGENDA DATE: 11/13/17 AGENDA ITEM TITI.I;: 53rd Ave S Residential Street Project Ordinance for Acquisition of Right -of -Way CATEGORY ® Discussion Mtg Date 11/13/17 ❑ Motion Mtg Date ❑ Resolution Mtg Date ® Ordinance MI Date 11/20/17 ❑ BidAivard Mt g Date ❑ Public Hearing g Date Aft ❑ Other Mt g Date SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police ® PW SPONSOR'S Final design of the 53rd Ave S Residential Street Project is nearly complete. Right -of -Way is SUMMARY needed along the street in order to construct the proposed improvements. This Ordinance will provide the authority to acquire the right-of-way on seven parcels, with the most square footage from the Tukwila School District. Council is being asked to approve this Ordinance for Right -of -Way with possible condemnation, if needed. REVIEWFD BY ❑ COW Mtg. ❑ CA&P Cmte ❑ F&S Cmte ® Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 10/24/17 COMMITTEE CHAIR: KATE KRULLER RECOMMENDATIONS: SPONSOR/ADMIN. Public Works Department COMMITI'EE Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE ExPF.NI)ITURF1 RF,QUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: 103 RESIDENTIAL STREETS (PAGE 3, 2017 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/13/17 11/20/17 MTG. DATE ATTACHMENTS 11/13/17 Informational Memorandum dated 10/20/17 Draft Ordinance with Exhibits of Legal Descriptions and Maps Minutes from the Transportation & Infrastructure Committee meeting of 10/24/17 11/20/17 TO: FROM: BY: CC: DATE: ON of Tukwila Public Works Department — Bob Giberson, Director INFORMATIONAL MEMORANDUM Transportation and Infrastructure Committee Robin Tischmak, Acting Public Works Director Ryan Larson, Senior Program Manager Mayor Ekberg October 20, 2017 SUBJECT: 53rd Ave South (S 137th St — S 144th SO Project No. 99110301 Ordinance for Condemnation of Real Property ISSUE Approve Ordinance to acquire property through condemnation for the 53rd Ave South Project. Ilei %I1P►17 Allan Ekberg, Mayor The 531d Ave S Project will include constructing roadway, drainage, sidewalks, illumination, water and sewer upgrades, and undergrounding of overhead utilities between South 137th St and South 1441h St. The final design is nearly complete and additional right-of-way (ROW) is needed in order to construct the proposed improvements. ANALYSIS Right-of-way is needed at various locations along 53rd Ave S to allow the placement of utilities, retaining walls, sidewalks and storm water treatment. To date, all but two of the 15 property owners have agreed to the City's terms. The two remaining properties include a private resident and the Tukwila School District, which owns five parcels that make up the majority of Foster Park. Negotiations will continue with these two property owners, but condemnation may be necessary if negotiations fail. The acquisition details are shown in the following table with approximate property square footage: Parcel No. Owners ROW Required SF 167040-0037 Tukwila School District 853 sf 167040-0115 Tukwila School District 1,101 sf 000300-0011 South Central SCH Dist. 406 1,251 sf 000300-0010 South Central SCH Dist. 406 948 sf 000300-0010 ;South Central SCH Dist. 406 1,652 sf 167040-0020 South Central SCH Dist. 406 40 sf 167040-0145 Mark Robbins 154 sf The attached draft Ordinance provides the authority to acquire the needed property. As with previous projects that have involved acquiring additional property, the City will do everything within its power to work cooperatively with the property owners. However, should the City not be successful in these efforts, condemnation of the property would be required. Letters have been mailed to the owners notifying them of this potential condemnation and the Council's schedule for ordinance approval. FISCAL IMPACT A final purchase price has not yet been determined, but funding is available through the 53rd Ave S Projects roadway and surface water projects. RECOMMENDATION Council is being asked to approve the Ordinance authorizing acquisition of needed property for the 53rd Ave S Project and consider this item at the November 13, 2017 Committee of the Whole and subsequent November 20, 2017 Regular Meeting. attachment: Ordinance with legal descriptions and map W:1PW EngIPROJECTSIA- RW 8 RS ProjectsWrd Ave S (99110301)IDesign\ROMCondemnafionllnfo Mem Acquisifion Ordinance.dou M 390 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 53RD AVENUE SOUTH ROADWAY AND SURFACE WATER DRAINAGE SYSTEM 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, on December 5, 2016, the City Council adopted the 2017-2022 Capital Improvement Program (CIP), by Resolution No. 1901; and WHEREAS, the City of Tukwila has approved Capital Improvement Projects titled "53rd Ave S (S 137th St — S 144th St)" and "53rd Ave S Surface Water Drainage System" (hereafter, the "Projects") that call for construction of roadway and surface water improvements including curb, gutter, sidewalk, utility undergrounding, surface water detention and water quality, and illumination; and WHEREAS, the existing roadway right-of-way width of 40 feet is not sufficient to allow for the required roadway and utility improvements; and WHEREAS, after several months of negotiation, the City and property owners were unable to reach an agreement for the required property; and WHEREAS, the City Council has found that the public health, safety, necessity and convenience demand that the Projects be undertaken at this time, and that in order to carry out the Projects it is necessary at this time for the City to acquire interests and rights to the property described herein; and W: Word Processing\OrdinancesWcquisition for 53rd Ave S Projects 10-16-17 Page 1 of 3 RL:bjs 391 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; 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, located along 53rd Ave S. between S. 139th St. and S. 142nd St. and further described in the attached Exhibits A through G, are necessary for construction of the 53rd Ave S. roadway and surface water projects 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 Projects to be a public use, specifically the construction of widening of a portion of 53rd Ave S. to accommodate new sidewalks, wider lanes, curb ramps, storm drainage facilities, and utilities. The City Council specifically finds construction of the Projects 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 103 Residential Streets and 412 Storm Water 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. W: Word Processing\Ordinances\Acquisition for 53rd Ave S Projects 10-16-17 Page 2 of 3 RL:bjs 392 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 , 2017. ATTEST/AUTH E NTI CATE D: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk:_ Passed by the City Council: Published: Effective Date: Ordinance Number: Attachments: Exhibit A – Parcel No. 167040-0037: Take Legal Description and Map— Sidewalk and Utility Easement Exhibit B – Parcel No. 167040-0115: Take Legal Description and Map— Sidewalk and Utility Easement Exhibit C – Parcel No. 000300-0011: Take Legal Description and Map— Sidewalk and Utility Easement Exhibit D – Parcel No. 000300-0010: Take Legal Description and Map— Sidewalk and Utility Easement Exhibit E – Parcel No. 000300-0010: Take Legal Description and Map— Utility Easement Exhibit F – Parcel No. 167040-0020: Take Legal Description and Map— Sidewalk and Utility Easement Exhibit G – Parcel No. 167040-0145: Take Legal Description and Map— Sidewalk and Utility Easement W: Word Processing\Ordinances\Acquisition for 53rd Ave S Projects 10-16-17 RL:bjs Page 3 of 3 394 EXHIBITA- PARCEL NO. 167040-0037 lql1 x THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL 'A", DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL "A", SAID CORNER BEING ON THE WESTERL Y MARGIN OF 53 11D AVENUE SOUTH; THENCE ALONG SAID WESTERLY MARGIN SOUTH 01'35'18" WEST, 224.94 FEET TO THE SOUTH LINE OF SAID PARCEL "A"; THENCE NORTH 89'03'34" WEST ALONG SAID SOUTH LINE, 2.00 FEET TO A LINE THAT IS 2.00 FEET WEST OFAND PARALLEL WITH SAID WESTERLY MARGIN; THENCE NORTH 01'35'18" EAST ALONG SAID PARALLEL LINE, 171.29 FEET,' THENCE NORTH 88" 24'42" WEST, 13.00 FEET TO A LINE THAT IS 15.00 FEET WEST OF AND PARALLEL WITH SAID WESTERLY MARGIN; THENCE NORTH 01'35'18" EAST ALONG SAID PARALLEL LINE, 31.00 FEET- THENCE EETTHENCE SOUTH 88'24'42" EAST, 13.00 FEET TO A LINE THAT IS 2.00 FEET WEST OF AND PARALLEL WITH SAID WESTERLY MARGIN; THENCE NORTH 01'35'18" EAST ALONG SAID PARALLEL LINE, 22.65 FEET TO THE NORTH LINE OF SAID PARCEL `A"; THENCE SOUTH 88'48'30" EAST ALONG SAID NORTH LINE, 2.00 FEET TO THE POINT OF BEGINNING; CONTAINING 853 SQUARE FEET, MORE OR LESS. PARCEL "A".- (PER A":(PER TICOR TITLE COMPANY ORDER NO. 70064112, JANUARY 6, 2017) THE EAST 74 FEET OF THE NORTH 77.4 FEET OF LOT 4; LOT 9, EXCEPT THE SOUTH 70 FEET THEREOF; LOT 10; ALL IN BLOCK 1, COLEGROVE'S ACRE TRACTS, AN ADDITION TO THE CITY OF SEATTLE, ACCORDINGTO THE PLAT THEREOF RECORDED IN VOLUMEI i OF PLATS, PAGE 85, IN KING COUNTY, WASHINGTON. r, -n i � _ I ^ , 16. 167040-0037 ESMT. DOCX Page 1 of 1 1ACOMA q'AlT1-1, ,c v SW 1/4, SEC. 14, T. 23 N., R. 4 E., W.M. � I � - 2.00' --,,,-POB PROPERTY LINE22.65' 20' - ROW 140Th ST 13.00' - 2.00' SIDEWALK AND UTILITY EASEMENT o AREA = 853 S.F.f �' 15.00' ,-- w _ I 1300 Iz r TAX LOT NUMBER Q� 167040-0037 N � N 0 I C7 (N � � I2.00' ff w LLJ I �o I ca iVi N.T.S. z I — — X w I 2.00 DATE: 07/20/2017 FILE: 16, 167040-0037 ESMT.DWG EXHIBIT Ik 7539NA N2582Je(I'-" PARCEL 167040-0037 &-&1 . WA 98109 Tacoma, l 98402 (206,286,040 (253)627-0720 SIDEWALK AND UTILITY EASEMENT Y.W. g.tom 396 EXHIBIT 15 PARCEL NO. 167040-0115 SIDEWALK AND UTILITY EASEMENT THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL "A", DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL "A", SAID CORNER ALSO BEING THE INTERSECTION OF THE SOUTHERLY MARGIN OF SOUTH 139TH STREET AND WESTERLY MARGIN OF 53RD AVENUE SOUTH; THENCE SOUTH 01 ° 35'18" WEST ALONG SAID WESTERLY MARGIN, 147.47 FEET TO THE SOUTH LINE OF SAID PARCEL "A"; THENCE NORTH 88'40'53" WEST ALONG SAID SOUTH LINE, 2.00 FEET,• THENCE NORTH 01 ° 35'18" EAST, 68,65 FEET,' THENCE NORTH 880 24' 42"WEST, 14.00 FEET - THENCE NORTH 01 ° 35' 18"EAST, 31.00 FEET; THENCE SOUTH 8B'24'42" EAST, 14.00 FEETTHENCE NORTH 01'35'18" 1°35'18" EAST, 15.53 FEET' THENCE NORTH 88'24'42" WEST, 1.50 FEET - THENCE NORTH 01'35'18" EAST, 14.55 FEET' THENCE NORTH 45'48'28" WEST, 14.35 FEET,• THENCE NORTH 88'33'21 " WEST, 23.52 FEET,• THENCE NORTH 01'26'39" EAST, 8.00 FEET TO SAID SOUTHERLY MARGIN; THENCE SOUTH 88° 33'21 " EAST ALONG SAID SOUTHERLY MARGIN, 37.60 FEET TO THE POINT OF BEGINNING; CONTAINING 1101 SQUARE FEET, MORE OR LESS. PARCEL 'A": (PER TICOR TITLE COMPANY ORDER NO. 70064113, DATED JANUARY 6, 2017) LOT 12, BLOCK 1, COLEGROVE'S ACRE TRACTS, AN ADDITION TO THE CITY OF SEATTLE, ACCORDING TO THE PLAT THEREOF RECORDED INVOLUME 11 OF PLATS, PAGE 85, INKING COUNTY, WASHINGTON. �p�ZEL ,r -p0 C) -/28/201`�- 19. 167040-0115 ESMT.DOCX Page 1 of 1 1"AC:OMA• SFATTLC ,GWA SW 1/4, SEC. 14, T. 23 N., R. 4 E., W.M. EXISTING RIGHT OF WAY _ EXISTING RIGHT OF WAY � L S 88'33'21" E — °° � S 139TH ST 37.60' POB EXISTING RIGHT OF WAY 20' � — 8,00'—/ ROW 23.52' 14.35'tn W I I1.50' 15.53' z 14.00' N.T.S. CD } I SIDEWALK AND UTILITY EASEMENT AREA = 1101 S.F.t cr I 14.00 TAX LOT NUMBER c� 167040-0115 X W 0� (D W • } > QI O CD PROPERTY LINE z V) zl 1= 2.00' N X "' X IW I W I DATE: 07/28/2017 FILE: 19, 167040-0115 ESMT.DWG EXHIBIT 753111AveN 250ZJeM'lA" PARCEL 167040-0115 Seeltla, WA 98169 T.,.,WA 98402 (2 (253(627.0720 SIDEWALK AND UTILITY EASEMENT mil EXHIBIT Cw PARCEL NO. 000300-0011 SIDEWALK AND UTILITY EASEMENT THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL 'A", DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST LINE OF SECTION 14, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., AND THE SOUTH LINE OF STEPHEN FOSTER DONATION LAND CLAIM; THENCE SOUTH 88° 33' 21 " EAST ALONG SAID SOUTH LINE, 535.99 FEET TO THE SOUTHERLY PROLONGATION OF THE WESTERLY MARGIN OF 53HD AVENUE SOUTH; THENCE NORTH 01'03'21" EAST ALONG SAID SOUTHERLY PROLONGATION, 20.00 FEET TO THE NORTHERLY MARGIN OF SOUTH 139TH STREET AND THE TRUE POINT OF BEGINNING; THENCE NORTH 01 ° 03' 21 " EAST ALONG SAID WESTERLY MARGIN, 229.84 FEET TO THE NORTHERLY LINE OF SAID PARCEL 'A"; THENCE NORTH 88037'51" WEST ALONG SAID NORTHERLY LINE, 5.00 FEET TO ALINE THAT 1S 5.00 FEET WEST OF AND PARALLEL WITH SAID WESTERLY MARGIN; THENCE SOUTH 01'03'21" WEST ALONG SAID PARALLEL LINE, 223.84 FEET, - THENCE NORTH 88'33'21 "WEST, 17.00 FEET,' THENCE SOUTH 01'03'21" WEST, 6.00 FEET TO SAID NORTHERLY MARGIN; THENCE SOUTH 88" 33' 21" EAST ALONG SAID NORTHERLY MARGIN, 22.00 FEET TO THE TRUE POINT OF BEGINNING; CONTAINING 1251 SQUARE FEET, MORE OR LESS. PARCEL A": (PER TICOR TITLE COMPANY ORDER NO. 70064118, DATED JANUARY 5, 2017) THAT PORTION OF THE STEPHEN FOSTER DONATION CLAIM NO. 38 IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: A TRACT OF LAND BOUNDED ON THE NORTH BY HELD AVENUE (NOW SOUTH 138TH STREET), ON THE EAST BY 53RD AVENUE SOUTH, ON THE WEST BY COLLEGE STREET (NOW 52ND AVENUE SOUTH), AND ON THE SOUTH BY SOUTH 139TH STREET. 20.000300-0011 ESMT.DOCX Page 1 of 1 IAi-O\lA• 51 AI I H - M% SW 1/4, SEC. 14, T. 23 N., R. 4 E., W.M. 138TH ST 5.00 • 20' N.T.S. ROW 00 cl� N CV CV CV 5.00' 1 TAX LOT NUMBER 000300-0011 �.> c=�j w w w SIDEWALK AND Li o UTILITY EASEMENT ; o AREA = 1251 S.F.t cr- �, o LLJ I z z zl c~n z p 17.00' w w p w I� coTPOB U) 22.00>' �I py -c:, q� p p rel O 08 N p p M O I � POB zi �L - _ S 88'33'21" E 535.99' -� � SOUTH LINE STEPHEN FOSTER D•L.C. S 139TH ST r- - - F- DATE: 07/28/2017 FILE: 20. 000300-0011 ESMT.DWG EXHIBIT 753"'A"" 2512 1" PARCEL 000300-0011 Sat,, WA 99109 Ta cma, WA 98402 ,209,296,640 (2,58)922-0720 SIDEWALK AND UTILITY EASEMENT rrnw.kpu.roni EXHIBIT PARCEL NO. 000300-0010 SIDEWALK AND UTILITY EASEMENT THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL 'A", DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST LINE OF SECTION 14, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., AND THE SOUTH LINE OF STEPHEN FOSTER DONATION LAND CLAIM; THENCE SOUTH 88'33'21 " EAST ALONG SAID SOUTH LINE, 555.99 FEET TO THE INTERSECTION OF SAID SOUTH LINE WITH THE CENTERLINE OF 53RD AVENUE SOUTH; THENCE NORTH 01'03'21 " EAST ALONG SAID CENTERLINE, 403.30 FEET. THENCE NORTH 88'56'39" WEST, 20.00 FEET TO POINT A", SAID POINT BEING ON THE WESTERLY MARGIN OF 53RD AVENUE SOUTH; THENCE NORTH 01'03'21 " EAST ALONG SAID WESTERLY MARGIN, 16.68 FEET TO POINT "B'; THENCE CONTINUING ALONG SAID WESTERLY MARGIN NORTH 01'03'21 " EAST, 47.12 FEET TO THE SOUTHERLY MARGIN OF SOUTH 1371h STREET,• THENCE SOUTH 88'59'4 1 " WEST ALONG SAID SOUTHERLY MARGIN, 44.50 FEET; THENCE SOUTH 01'00'19" EAST, 7.00 FEET; THENCE NORTH 88'59'41 " EAST, 28.24 FEET, THENCE SOUTH 01 ° 03'21 " WEST, 39.54 FEET,' THENCE SOUTH 88'56'39" EAST, 16.00 FEET TO POINT 'B" CONTAINING 948 SQUARE FEET, MORE OR LESS, 21. 000300-0010 ESMT. DOCX Page 1 of 2 401 TOGETHER WITH THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL `A'; DESCRIBED AS FOLLOWS: BEGINNING AT SAID POINT 'A THENCE ALONG SAID WESTERLY MARGIN SOUTH 01 ° 03'21 " WEST, 135.32 FEET TO THE NORTHERLY MARGIN OF SOUTH 138TH STREET; THENCE NORTH 88'37'51 " WEST ALONG SAID NORTHERLY MARGIN, 5.00 FEET,• THENCE NORTH 01'03'21" EAST, 107.26 FEET,' THENCE SOUTH 88'56'39" EAST, 3.00 FEET; THENCE NORTH 01'03'21 " EAST, 28.04 FEET; THENCE SOUTH 880 56'39" EAST, 2.00 FEET TO POINT 'A': CONTAINING 592 SQUARE FEET, MORE OR LESS. TOTAL EASEMENT AREA CONTAINING 1540 FEET MORE OR LESS. PARCEL 'A": (PER TICOR TITLE COMPANY ORDER NO. 70064119, DATED JANUARY 5, 2017) THAT PORTION OF THE STEPHEN FOSTER DONATION CLAIM NO. 38 IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 23 NORTH, RANGE 4 EAST, W M, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: A TRACT OF LAND BOUNDED ON THE NORTH BY SOUTH 137TH STREET, ON THE EAST BY 53RD AVENUE SOUTH, IN THE WEST BY COLLEGE STREET (NOW 52ND AVENUE SOUTH), AND ON THE SOUTH BY HELD AVENUE (NOW 139TH STREET). 21. 000300-0010 ESMT.DOCX Page 2 of 2 TACOMA- SFATT.E 402 N.T.S. SW 1/4, SEC. 14, T. 23 N., R. 4 E„ W.M. S 137TH ST EXISTING RIGHT OF WAY � 44.50' r 7.00'24 28.24 SIDEWALK AND UTILITY EASEMENT I I AREA = 948 S,F.t cn TAX LOT NUMBER 000300-0010 TOTAL SIDEWALK AND UTILITY EASEMENT AREA=1540 16.00 16.68'- 2, 0 0' 6.68'--•2.00' v 0 co N i 3.00' PT "B" W Q PT "A" G N 88'56'39" 20.00' SIDEWALK AND UTILITY EASEMENT AREA = 592 S.F.r S 138TH ST 5.00' ry��0 0 Z 1/9 1- Cn W C-:)-) y ( 20' W I I ROW Q I W c o � M t gun o 0 � � o POB z S 88'33'21" E 555.99' — 1 DATE: 07/31 5OUTH LINE STEPHEN FOSTER D.L.C. FILE: 21. 000300-0010 ESMT.DWG EXHIBIT 753MAve N 2502Je0wAve PARCEL 000300-0010 SaatZ WA 98108 (106) 2646,6 Tamm, WA 88401 (253(627-0710 SIDEWALK AND UTILITY EASEMENT wlqg.m„ HIM, EXHIBIT PARCEL NO. 000300-0010 UTILITY EASEMENT THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL "A", DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST LINE OF SECTION 14, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., AND THE SOUTH LINE OF STEPHEN FOSTER DONATION LAND CLAIM; THENCE SOUTH 88'33'21 " EAST ALONG SAID SOUTH LINE, 555.99 FEET TO THE INTERSECTION OF SAID SOUTH LINE WITH THE CENTERLINE OF 53AD AVENUE SOUTH; THENCE NORTH 01'03'21 " EAST ALONG SAID CENTERLINE, 403.30 FEET,. THENCE NORTH 88'56'39" WEST, 20.00 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON THE WESTERLY MARGIN OF 53RD AVENUE SOUTH; THENCE NORTH 01'03'21 "EAST ALONG SAID WESTERLY MARGIN, 16.68 FEET,' THENCE NORTH 88'56'39" WEST, 16.00 FEET, - THENCE NORTH 01'03'21 " EAST, 27.00 FEET; THENCE NORTH 88'56'39" WEST, 1.50 FEET,, THENCE SOUTH 01'03'21 " WEST, 9.30 FEET, - THENCE SOUTH 72'40'26" WEST, 29.74 FEET,' THENCE NORTH 88'56'39" WEST 19.28 FEET, - THENCE SOUTH 01 ° 03' 21 " WEST, 25.00 FEET,, THENCE SOUTH 88'56'39" EAST, 65.00 FEET TO THE TRUE POINT OF BEGINNING; CONTAINING 1652 SQUARE FEET, MORE OR LESS. PARCEL A": (PER TICOR TITLE COMPANY ORDER NO. 70064119, DATED JANUARY 5, 2017) THAT PORTION OF THE STEPHEN FOSTER DONATION CLAIM NO. 38 IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: A TRACT OF LAND BOUNDED ON THE NORTH BY SOUTH 137TH STREET, ON THE EAST BY 53RD AVENUE SOUTH, IN THE WEST BY COLLEGE STREET (NOW 52ND AVENUE SOUTH), AND ON THE SOUTH BY HELD AVENUE (NOW 139TH STREET). A FG� .�sf,�t U l3I/Zoe 21. 000300-0010 UESMT.DOCX Page 1 of 1 GAC.O,\,VA• :,I -A F I I KIR g 1 • SW 1/4, SEC. 14, T. 23 N., R. 4 E., W.M. EXISTING RIGHT OF WAY S 137TH ST 1.50' 9.30' I o I I N.T.S. r. 16.00' ui > r28ZC,4 CDco TAX LOT NUMBER TP aLo 000300-0010 UTILITY EASEMENT N 88'56'39" AREA = 1652 S.F.t I 20.00' I Qr�, r r ( 0 I to = o z cn z w � cn X W I S 138TH ST -JI 2a' I > ROW co c: c: D N V O C) O POB z S 88'33'21" E 555.99' SOUTH LINE STEPHEN FOSTER D.L.C. DATE: 07/31/2017 FILE: 21, 000300-0010 UESMT.DWG EXHIBIT 753nAveN 25023e0e,5ooAve PARCEL 000300-0010 Sealtle,WA98f09 Tacama,WA9B402 (253)6270720 UTILITY EASEMENT %mlk661640 �wn�kpgcam g 1 • EXHIBITF PARCEL /. 167040-0020 THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL 'A", DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL "A", SAID CORNER BEING ON THE WESTERLY MARGIN OF 53AD AVENUE SOUTH; THENCE ALONG SAID WESTERLY MARGIN SOUTH 01'35'18" WEST, 20.07 FEET TO THE SOUTH LINE OF SAID PARCEL A", THENCE NORTH 88'48'30" WEST ALONG SAID SOUTH LINE, 2.00 FEET TO A LINE THAT IS 2.00 FEET WEST OF AND PARALLEL WITH SAID WESTERLY MARGIN; THENCE NORTH 01'35'18" EAST ALONG SAID PARALLEL LINE, 20.07 FEET TO THE NORTH LINE OF SAID PARCEL 'A' THENCE SOUTH 88'40'53" EAST ALONG SAID NORTH LINE, 2.00 FEET TO THE POINT OF BEGINNING; CONTAINING 40 SQUARE FEET, MORE OR LESS. PARCEL A": (PER TICOR TITLE COMPANY ORDER NO, 70067532, MARCH 9, 2017) EAST HALF OF TRACT 2, EXCEPT THE WEST 55 FEET THEREOF, AND ALL OF TRACT 11, BLOCK 1, COLEGROVE'S ACRE TRACTS, ACCORDING TO PLAT RECORDED IN VOLUME I 1 OF PLATS, PAGE 85, IN KINGCOUNTY, WASHINGTON; EXCEPT THE EAST 100 FEET OF THE NORTH 127.4 FEET OF TRACT 11 SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON 1_:\N�0 1 z�7/2® /'� 17,167040-0020 ESMT.DOCX Page 1 of 1 8YA HIT: SW 1/4, SEC. I 14, T. 23 N., R. 4 E., W.M. I N.T.S. } w o c 2.00' n C=7 PROPERTY LINE POB "' cr — - - cD z z TAX LOT NUMBER I w 167040-0020 SIDEWALK AND UTILITY o�o EASEMENT oN o N AREA 40 S.F,f -A 2.00' S 140TH ST PROPERTY LINE f� 2.00 LU EXISTING RIGHT OF WAY ICD 0 C M ar ca z X W DATE: 07/27/2017 I FILE: 17, 167040-0020 ESMT.DWG EXHIBIT 153PAve N2502JeNemiAve PARCEL 167040-0020 Seatt e, WA 98109 Tacoma, WA 98402 (208)288.1640 (253)627-0720 SIDEWALK AND UTILITY EASEMENT uvxi.4pg.gm HIT: EXHIBIT ra PARCEL NO. 167040-0145 SIDEWALK AND UTILITY EASEMENT THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL 'A", DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL "A", SAID CORNER ALSO BEING THE INTERSECTION OF THE SOUTHERLY MARGIN OF SOUTH 140TH STREET AND EASTERLY MARGIN OF 53RD AVENUE SOUTH; THENCE SOUTH 01'35'18" WEST ALONG SAID EASTERLY MARGIN, 25.00 FEET, THENCE SOUTH 88'24'42" EAST, 5.00 FEET TO A LINE THAT IS 5.00 FEET EAST OF AND PARALLEL WITH SAID EASTERLY MARGIN; THENCE NORTH 01'35'18" EAST ALONG SAID PARALLEL LINE, 17.76 FEET TO A NON TANGENT CURVE TO THE RIGHT TO WHICH A RADIAL LINE BEARS NORTH 50° 20'45" WEST, 22.89 FEET; THENCE ALONG SAID CURVE TO THE RIGHT AN ARC DISTANCE OF 12.55 FEET TO SAID SOUTHERLY MARGIN; THENCE ALONG SAID SOUTHERLY MARGIN NORTH 88° 44'34" WEST, 15.00 FEET TO THE POINT OF BEGINNING. CONTAINING 154 SQUARE FEET, MORE OR LESS. PARCEL "A" (PER TICOR TITLE COMPANY ORDER NO. 70064114, DATED JANUARY 4, 2017) THE WEST 100 FEET OF LOT 3, BLOCK 2, COLEGROVE'S ACRE TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE 85, IN KING COUNTY, WASHINGTON; EXCEPT THE SOUTH 61.2 FEET THEREOF; AND EXCEPT THE NORTH 20 FEET THEREOF FOR SOUTH 140TH STREET. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. /BREL Fo� 30, 167040-0145 ESMT.DOCX Page 1 of 1 TACOMA- SGATTLG pie SW 1/4, SEC. 14, T. 23 N., R. 4 E., W.M. S 88'44'34" E N.T.S. EXISTING RIGHT OF WAY o � N U) POB 15.00' ujy w LA_ O = R=22.89', L=12.55' CD z z Lig r= cn o x o w ui N SIDEWALK AND UTILITY EASEMENT = 154 S.F.f 5.00' TAX LOT NUMBER 167040-0145 DATE: 03/08/2017 FILE: 30. 167040-0145 ESMT,DWG EXHIBIT 7539h"eN 2502Jeff7,11, PARCEL 167040-0145 Sull,,VIA91109 T:La''A99402 (2661286,640 (253)627-0720 SIDEWALK AND UTILITY EASEMENT 410 Transportation & Infrastructure Committee Minutes..........................................................................................October24, 2017 2) Increasing the discount to 60% would cost an additional $12,745 subsidy from the City's utility ratepayers. 3) Allowing temporary assistance for a specific time period is already available. Human Services currently has $3,000 budgeted for one-time emergency assistance, which is currently appropriate for the need. No one has been denied assistance. 4) Increasing funds to Human Services could assist all of Tukwila rather than requiring a subsidy by other ratepayers. Staff is not recommending a policy change at this time, and the Committee did not give direction to pursue one of these options. Customer assistance is evaluated each time utility rates are increased, and these options can be considered in the future. DISCUSSION ONLY. D. Grant Application: Storm Water Quality Retrofit Program Staff is seeking Committee approval of a $95,000 grant application to the Washington State Department of Ecology's Water Quality Combined Financial Assistance 2019 program. If awarded, funds would be used for one year of water quality testing at Riverton, Southgate, and Gilliam creeks. Identifying and correcting water quality deficiencies will leverage the City's ability to acquire salmon restoration grant funds forfuture projects in the creeks. If the City is awarded the grant and qualifies for hardship, it will need to match 15%, or $14,250. Funds are available from the Storm Water Quality Retrofit Program. UNANIMOUS APPROVAL. E. Ordinance: Condemnation of Real Property on 53rd Avenue South Ah Staff is seeking Council approval of an ordinance that would authorize the acquisition of property from seven parcels for right-of-way requirements of the 53rd Avenue South (South 137th Street — South 144th Street) Project. Right-of-way is needed at various locations to allow the placement of utilities, retaining walls, sidewalks and storm water treatment. Staff will continue to negotiate with the property owners in an effort to avoid condemnation. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 13, 2017 COMMITTEE OF THE WHOLE. F. Neighborhood Traffic Calming Program Implementation Staff updated the Committee on progress developing an implementation plan for traffic calming features including speed cushions and radarsigns. While a citywide program is currently unfunded, a pilot project was implemented on South 160th Street to determine the effectiveness of speed cushions in conjunction with radar speed display signs. The City Council has requested that criteria be developed as residents have asked why that street was selected above others. Commonly used engineering standards for traffic calming features include speeds, traffic volume, and accidents, and other factors can include proximity to schools, lack of sidewalks, accessibility, bicycle facilities, roadway characteristics, and other considerations. The City plans to purchase two additional sets of radar signs this year which will be used for data collection. Staff estimates an annual speed cushion program will cost approximately $125,000 per yearto include two streets with five cushions each. Committee members expressed support for the creation of a list of streets ranked by the criteria and shared with the public. Chair Kruller suggested that population density be factored into the ranking, and to check to see if other cities have criteria. The Committee and staff agreed that with the additional radar speed signs, enough data can be collected to present a preliminary ranking in January. DISCUSSION ONLY. 411