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Home My WebLink AboutTIS 2025-01-27 Item 2E - Discussion - Right-of-Way Acquisition for Southcenter Blvd / 65th Ave S SignalCity of Tukwila Thomas McLeod, Mayor INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Committee FROM: Pete Mayer, Interim Public Works Director BY: Cyndy Knighton, Senior Program Manager – Transportation CC: Thomas McLeod, Mayor DATE: January 24, 2025 SUBJECT: Southcenter Boulevard/65th Ave S Signal Project Project No. 91610411 Right-of-Way Acquisition ISSUE Briefing on Right-of-Way acquisition for the Southcenter Boulevard/65th Avenue S Signal Project. BACKGROUND Final design for the new signal at Southcenter Boulevard at 65th Avenue S is underway. During the design, it was discovered that the existing sidewalks on 65th Avenue S (the north side of the intersection) have minor incursions into the privately owned parcels. Staff were unable to determine when the sidewalks were constructed or who built them. The two parcels are owned by Gerald Schneider and the Cowlitz Indian Tribe. The oldest buildings on the parcels were constructed in the 1970s and it is possible that the sidewalks were constructed as part of the frontage improvements during the initial development. It is known that the current sidewalks have existed since at least 1998 in their current configuration. DISCUSSION The purchase of the land for Right-of-Way (ROW) as well as the temporary easement rights are both compensable. Staff plans to approach the two property owners with offers to purchase the slivers of land where the current sidewalk exists as well as additional areas where a temporary easement during construction is needed. Property Owner ROW Area Temporary Easement Area Cowlitz Indian Tribe 40sf 127sf Schneider Homes 22sf 101 sf It is hoped that both property owners will be amenable to the administrative offers as the impact on the properties is negligible. However, should one or both property owners be unwilling to sell, the City has the right to pursue other avenues to acquire the property up to and including condemnation. The attached draft ordinance would then be moved forward to Council for consideration. FINANCIAL IMPACT Once a purchase price has been negotiated and accepted, the funds will come out of the CIP project budget. The current estimated value of the ROW acquisition and temporary easement compensation is around $2,300. RECOMMENDATION Discussion Only. ATTACHMENTS Draft Ordinance for Acquisition 61 DR A F T ROW Acquisition: Southcenter Blvd at 62nd & 65th Avenues Page 1 of 3 Version: 01/17/2025 Staff: C. Knighton 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 SOUTHCENTER BOULEVARD/65TH AVENUE S SIGNAL 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, on November 15, 2016, the City awarded Contract 16-164 to Perteet, Incorporated to conduct a safety analysis and develop conceptual engineering for improvements at the Southcenter Boulevard/65th Avenue S intersection; and WHEREAS, on February 16, 2017, the City was presented with a technical memorandum, known as a Signal Warrant Analysis, for two intersections on Southcenter Boulevard, 65th Avenue S and 62nd Avenue S, indicating that signalization at both intersections was warranted, with a recommendation to signalize the 65th Avenue S intersection; and WHEREAS, on December 7, 2020, the City Council adopted the 2021-2026 Capital Improvement Program (CIP), by Resolution No. 2010, which added the Southcenter Boulevard/65th Avenue S Intersection project; and WHEREAS, on December 4, 2023, the City Council awarded design Contract 23-180 to KPG Psomas Inc., to begin design on the Southcenter Boulevard/65th Avenue S Intersection for design of a new traffic signal; and WHEREAS, the City Council has found that the public health, safety, necessity and convenience demand that the Southcenter Boulevard/65th Avenue S Intersection 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 62 DR A F T 2025 Legislation: ROW Acquisition SC Blvd/65th Ave Page 2 of 3 Version: 1/22/25 Staff: C. Knighton NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. A portion of the land and property rights within the City of Tukwila, King County, Washington, commonly known as 6510 Southcenter Boulevard, Tukwila, Washington 98188, and further described in the attached Exhibits A and B, are necessary for construction of the Southcenter Boulevard/65th Avenue S Signal Project (“the Project”) described above, subject to making or paying just compensation to the owners thereof in the manner provided by law. Section 2. A portion of the land and property rights within the City of Tukwila, King County, Washington, commonly known as 15455 65th Avenue S, Tukwila, Washington 98188, and further described in the attached Exhibits C and D are necessary for construction of the Project described above, subject to making or paying just compensation to the owners thereof in the manner provided by law. Section 3.The City of Tukwila specifically finds construction of the Project to be a public use, specifically the construction of a new traffic signal to control vehicles entering the intersection in a safe and efficient manner,and to provide a safe crossing for transit riders using the bus stop at the south side of intersection.The City Council specifically finds construction of the Project to be necessary, and in the best interests of its citizens. Section 4.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 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 5. 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 6. Corrections by City Clerk or Code Reviser Authorized. 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 7. 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 63 DR A F T 2025 Legislation: ROW Acquisition SC Blvd/65th Ave Page 3 of 3 Version: 1/22/25 Staff: C. Knighton 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 8. 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 Special Meeting thereof this ___________ day of _________________, 2025. ATTEST/AUTHENTICATED: Andy Youn-Barnett, CMC, City Clerk Thomas McLeod, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Office of the City Attorney Ordinance Number: Attachments: Exhibit A – Parcel No. 000320-0010 Legal Description Exhibit B – Parcel No. 000320-0010 Map – Right of Way Acquisition Exhibit C – Parcel No. 000320-0004 Legal Description Exhibit D – Parcel No. 000320-0004 Map – Right of Way Acquisition 64 Page 3 of 4 EXHIBIT A DR A F T 65 Page 4 of 4 Exhibit B DR A F T 66 Page 3 of 6 EXHIBIT A EXHIBIT C DR A F T 67 Page 4 of 6 DR A F T 68 Page 5 of 6 Exhibit B DR A F T 69 Page 6 of 6 EXHIBIT D DR A F T 70 Page 8 of 8 EXHIBIT B Tacoma Wenatchee KPG.com Seattle 3131 Elliott Avenue, Suite 400 Seattle, WA 98121 206.286.1640 DR A F T 71