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Home My WebLink AboutOrd 2401 - Condemnation and Acquisition of Land for Community Renewal Washington Ordinance No. 2401 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 COMMUNITY RENEWAL AS AUTHORIZED BY RCW CHAPTER 35.81; 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, State law allows for the creation of Community or Urban Renewal Areas to revitalize blighted neighborhoods, address crime and depreciation of property values, and increase job creation and economic growth; and WHEREAS, in August 1998 the City adopted the Pacific Highway Revitalization Plan ( "Plan ") by Ordinance No. 1848; and WHEREAS, the City updated that Plan in January 2000, by Ordinance No. 1898; and WHEREAS, the City's Plan designated urban renewal areas, as depicted on Exhibit A hereto ( "Urban Renewal Area "), and the goal of the Plan was to "improve and sustain residential neighborhood quality and livability" and to "redevelop and reinvigorate the Pacific Highway corridor "; and WHEREAS, some businesses in the City's Urban Renewal Area consume an excessive proportion of City revenues because of extra services required for police and other forms of public services; thus, a primary goal of this action is to reduce crime and revitalize the neighborhood; and WHEREAS, the Plan indicates that site acquisition will be guided by the following criteria: sites whose current use is considered undesirable (e.g., a business or housing that has threatened public safety or has been associated with illegal activity); sites at W: Word Processing \Ordinances \Land acquisition- community renewal 4 -16 -13 SK:bjs Page 1 of 3 key locations (highly visible, strategically located such as those at intersections); sites that are constrained (creation of larger parcels for redevelopment); or sites that are needed for a public purpose; and WHEREAS, the sites delineated in this ordinance meet the guiding criteria for acquisition as outlined by the Plan; 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 pursuant to RCW Section 35.81.080, subject to the making or paying of just compensation to the owners thereof; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Condemnation Authorized. The land and property rights within the City of Tukwila, King County, Washington, generally described in Exhibit B and depicted on Exhibit C hereto, are hereby authorized for condemnation for purposes of Community Renewal as authorized by RCW Chapter 35.81 and the City's Pacific Highway Revitalization Plan, and subject to the payment of just compensation to the owners thereof. Nothing in this ordinance obligates the City to acquire the properties described herein. Section 2. Costs and Expenses; City Administrator Authorized. The cost and expense of acquiring the property rights described in this ordinance shall be paid from the City's General Fund or other funds as may be appropriate. The City Administrator or his designee is hereby authorized to negotiate with, make offers to and execute agreements with the owners of said land or property interests, for the purposes of: obtaining property interests, entering into lease agreements with property owners (lease-backs) between the time of acquisition and the start of construction, making or paying just compensation, and approving the payment of just compensation as negotiated with said owners or as ordered by a court of competent jurisdiction. Section 3. City Attorney Authorized. In the absence of negotiated purchases with the affected property owners, the City Attorney or her designee 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. In so doing, the depictions of the property rights condemned herein shall be in a format more precise than those general descriptions and depictions set forth in Exhibits B and C hereto. The City Attorney or her designee 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 the payment of just compensation as agreed to with the owners, or as ordered by a court of competent jurisdiction. Section 4. 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 W: Word Processing \Ordinances\Land acquisition-community renewal 4-16-13 SK:bjs Page 2 of 3 other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 5. 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 6. 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 a Special Meeting thereof this ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City ferk APPROVED AS TO FORM BY: F THE CITY OF TUKWILA, WASHINGTON, at day of e; , 2013. Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Attachments: Exhibit A — Tukwila International Boulevard Urban Renewal Area—Zoning Map Exhibit B — General Property Descriptions Exhibit C — Potential Property Purchases (Map) W: Word Processing \Ordinances\Land acquisition-community renewal 4-16-13 SK:bjs Page 3 of 3 Exhibit A S 142 ST Urban Renewal Area S 144 ST Tukwila International Boulevard Urban Renewal Area Figure Al North 11199 All Exhibit B — General Property Descriptions Property Name Property Address KC Parcel No. Property Type Description Boulevard Motel 14440 Tukwila International Blvd. 0040000190 Motel Full Property Acquisition Great Bear Motel 14420 Tukwila International Blvd. 0040000175 Motel Full Property Acquisition Spruce Motel 14442 Tukwila International Blvd. 0040000252 Motel Full Property Acquisition Knight's Inn Motel 14110 Tukwila International Blvd. 161000335 and 161000355 Motel Full Property Acquisition Jet Inn Motel 3747 S. 142nd St. 1610000270 Motel Full Property Acquisition Pawn Shop 3920 S. 146th St. 0040000254 Business Full Property Acquisition Sam Smoke Shop 14452 Tukwila International Blvd. 0040000253 Business Full Property Acquisition Exhibit 0 Approximate boundary of urban renewal area 5 144th St , /c ■, . : * Properties 2; / :m \ '1 Great Bear . 2 2 Boulevard � #^ 4 3 Spruce 4 Knights Mn sl« Inn , . \,6 Sam Smoke - 4 7 Pawn shop Potential Propert y Purchases CERTIFICATION I, Joyce Trantina, Project Analyst, City of Tukwila, Mayor's Office, do hereby certify that I adhered to the requirements in RCW 8.25.290 as outlined below as they relate to: AN ORDINANCE AUTHORIZING THE ACQUISITION OF LAND, INCLUDING AUTHORIZATION OF POTENTIAL CONDEMNATION OF PROPERTY. (in the City's Urban Renewal / Tukwila International Boulevard area) 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 March 28, 2013. The address list is attached. oy e Trantina, Mayor's Office *The Notice of Final Action was published in the Seattle Times on April 8, 2013 and April 15, 2013 and in the Daily Journal of Commerce on April 8, 2013 and April 15, 2013 and was also posted in the lobby of City Hall and placed on the City's website and faxed to community organizations. March 28, 2013 SENT CERTIFIED MAIL — RETURN RECEIPT REQUESTED Dear Property Owner: The King County Assessor's information indicates that you are the taxpayer of record for parcel # which is located at in Tukwila, WA. I am writing to let you know that the City of Tukwila may want to purchase that property. Please share this letter with all owners of the property. Under Washington State's community renewal law, Revised Code of Washington 35.81, the City may use eminent domain (also called condemnation) to purchase properties in blighted areas in order to redevelop or rehabilitate those areas for the public benefit. In the event the City chooses to pursue condemnation, fair compensation will be paid to the affected property owner. In 2000, the City adopted a community renewal plan and designated a community renewal area under the community renewal law. The City's community renewal area is the area generally bounded by South 140th Street, 42nd Avenue South, South 146th Street, and 37th Ave. South. Your property lies within this area. The City may decide to purchase your property as part of a community renewal project. The Tukwila City Council is scheduled to hold a public hearing on April 22, 2013 to consider approving an ordinance that would give the City authority to purchase your property through condemnation. An official Notice of Final Action is attached to this letter. If you have questions, please feel free to get in touch with me at 206 - 433 -1832 or at Derek.speck@tukwilawa.gov. Sincerely, Derek Speck Economic Development Administrator cc: Shelley Kerslake, City Attorney Community Renewal Property Contacts Updated 3/27/13 Business Name Property Address Parcel Number Title Name Address Great Bear Motel 14420 Tukwila International Boulevard 0040000175 Taxpayer and owner INK Saroya LLC 14420 TUKWILA INTERNATIONAL BLVD TUKWILA WA 98166 Boulevard Motel 14440 Tukwila International Boulevard 0040000190 Taxpayer and owner JASPAL & PUAR LLC 14440 PACIFIC HY S TUKWILA WA 98168 Spruce Motel 14442 Tukwila International Boulevard 0040000252 Taxpayer and owner SHIVA ENTERPRISES INC 14442 PACIFIC HWY 5 TUKWILA WA 98168 Sam Smoke Shop 14452 Tukwila International Boulevard 0040000253 Taxpayer KULAR S EWA 14452 TUKWILA BLVD TUKWILA WA 98168 Owner *. LSAHIBA LLC 22014 13'" AVE S. DES MOINES, WA 98198 Pawn Shop 3920 S 146th Street 0040000254 Taxpayer and owner POLL TUKWILA ,LLC 8915 SE 44TH ST MERCER ISLAND WA 98040 Jet Inn Motel 3747 S 142nd Street 1610000270 Taxpayer and owner ZORA INC. JET INN MOTEL 3747 S 142ND ST TUKWILA WA 98168 Knight's Inn Motel 14110 Tukwila International Boulevard 1610000335 1610000355 Taxpayer and owner SEATAC TUKWILA INVESTMENT LLC 14110 TUKWILA INTERNATIONAL BLVD._. TUKWILA WA 98168 Owner name came from preliminary title reports provided by First American Title 3/2013. Taxpayer's name and address came from King County Assessor website 3/27/13. In all properties, the owner name matched taxpayer name except for Sam Smoke. Sam Smoke property owner is listed as Sahiba LLC. Registered agent, officers, members, and managers for LLCs and businesses per Washington State DOR corporations search 3/27/13. Urban Renewal Project Page 2 Certified letter are to be mailed to all "taxpayers and owners" plus the taxpayer for Sam Smoke and the registered agent of Sahiba. Phone: 206.433 -1800 • City Hall Fax: 206. 433.1833 • www.tukwilawa.gov City of Tukwila NOTICE OF FINAL ACTION NOTICE IS HEREBY GIVEN that the Tukwila City Council is considering final action on Monday, April 22, 2013 beginning at 7:00 p.m. in the Council Chambers at Tukwila City Hall, 6200 Southcenter Blvd., Tukwila, WA on the following: An ordinance authorizing the acquisition of land, including authorization of potential condemnation of property. The properties considered are located in the City of Tukwila and identified as follows: • Boulevard Motel, 14440 Tukwila International Boulevard, Parcel Number 0040000190 • Great Bear Motel, 14420 Tukwila International Boulevard, Parcel Number 0040000175 • Knight's Inn Motel, 14110 Tukwila International Boulevard, Parcel Numbers 1610000335 and 1610000355 • Jet Inn Motel, 3747 S 142nd Street, Parcel Number 1610000270 • Pawn Shop, 3920 S 146th Street, Parcel Number 0040000254 • Spruce Motel, 14442 Tukwila International Boulevard, Parcel Number 0040000252 • Sam Smoke Shop, 14452 Tukwila International Boulevard, Parcel Number 0040000253 The public is invited to attend all meetings of the Tukwila City Council. Tukwila City Hall is wheelchair accessible. The City strives to accommodate people with disabilities. Reasonable accommodations are available at the public hearing 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 — April 8, 2013 and April 15, 2013 Published Daily Journal of Commerce — April 8, 2013 and April 15, 2013 City of Tukwila Public Notice of Ordinance Adoption for Ordinance 2401. On April 22, 2013 the City Council of the City of Tukwila, Washington, adopted the following ordinance, the main points of which are summarized by title as follows: Ordinance 2401: 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 COMMUNITY RENEWAL AS AUTHORIZED BY RCW CHAPTER 35.81; 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. The full text of this ordinance will be provided upon request. Christy O'Flaherty, MMC, City Clerk Published Seattle Times: April 25, 2013