HomeMy WebLinkAboutRes 1565 - Negotiate Agreement with Wig Properties for Use of Tukwila Pond I
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Washington
Resolution No. L�51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AUTHORIZING THE MAYOR TO
NEGOTIATE AN AGREEMENT WITH WIG PROPERTIES, LLC,
FOR USE OF CITY -OWNED PROPERTY AT TUKWILA POND
WHEREAS, the City of Tukwila owns property identified by the attached
Exhibit A and referred to hereafter as the "Tukwila Pond Property;" and
WHEREAS, the Tukwila Pond Property is deemed to have significant value as bird
and wildlife habitat; and
WHEREAS, portions of the Tuk4vilci Pond Property are subject to a "Conservation
Easement" intended to preserve the ecological system thereof, a copy of which is
attached hereto as Exhibit B, and
WHEREAS, much of the wetland area and associated habitat is significantly
degraded due to poor water quality, invasive, non native vegetation, and lack of
appropriate native vegetation, and
WHEREAS, the City of Tukwila wishes to preserve and improve the habitat and
related ecological and other values provided by the Tukwila Pond Property, and
WHEREAS, Wig Properties has proposed development of property lying
approximately 310 feet southwest of the Tukwila Pond Property and within the same
watershed, which property is identified as the "JC Penny's Site" by Exhibit A, and
WHEREAS, the Wig Properties proposed development site contains approximately
116 acres of wetland, and
WHEREAS, Wig Properties has proposed that it mitigate the adverse impacts of
developing these wetlands by enhancing wetlands at the Tukwila Pond Property at a
ratio of 3 to 1, and
WHEREAS, off -site mitigation of wetland impacts would provide significant
benefits to Wig Properties' development proposal, and
WHEREAS, the Tukwila City Council is considering amendments to the City's
Sensitive Areas Ordinance that would make it possible to mitigate the impacts of filling
these wetlands at the Tukwila Pond Property, and
WHEREAS, the potential of off -site mitigation for the Wig Properties development
proposal occurring at the Tukwila Pond Property provides a unique opportunity to
improve the overall functions and values of wetlands and wildlife habitat on publicly
owned property within a heavily- urbanized area,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS-
Tukwila Pond 11/12/04 Page 1 of 2
Section 1. The Mayor of the City of Tukwila is hereby authorized to enter into an
agreement with Wig Properties or its designee, allowing the use of a portion of the
Tukwila Pond Property for mitigation of wetland impacts associated with development
of the "JC Penny's Site," identified by Exhibit A.
Section 2. Any agreement for use of the Tukwila Pond Property for such mitigation
shall be consistent with all applicable City of Tukwila ordinances and regulations,
including the Tukwila Sensitive Areas Ordinance in force at the time of development
approval.
Section 3. Any agreement for use of the Tukwila Pond Property for such
mitigation shall incorporate measures approved by the Director of the Department of
Community Development to ensure the long -term ecological success of the mitigation
program.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this L day of MOVE YI A 2004.
ATTEST/ AUTHENTICATED
Jim H Council President
Ja e E. Cantu, CMC, City Clerk
APPROVED AS TO FORM BY
Filed with the City Clerk. ii
Passed by the City Council. r). bq
Offic f t ty�4ttoney Resolution Number- I ri l p�
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Tukwila Pond 11/12/04 Page 2 of 2
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EXHIBIT B
Filed for Record at Request of THIS SPACE PROVIDED FOR
A Mil to RECORDER'S USE:
HNC LLI S CLARK
k RRTik PETERSON, P S,
:5Oq' Ga�lland• •��uzlding
12:� I .�eca�ic3 AVE!1it7,2
Seattle, ;tdA. °9;87Q1�:9'25 r'
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AttP Glenn mist
DEC L31 TIgN 97-! C04LPRVATION EASP.HENT
0 RfNOW ALL PERSONS BXti' THESv ,PRESENT$ that H- BENOLIEL-- ROMNEY
03 4179, a California :Llmi.ted" Pa t-neXsh.ip; as �'bwner of Lots 1 and 2
44 of City of Tukwila Sli t :Plat --No 9 sass'` 5 recorded under
O
Recording Na 9208261819; of r�q County, Washington,
0 hereby•,=
:DEcliR' S that said Lots 3. -and I shall hereafte` be held,
sold; and conveyed SUBJECT TO a Q nsti v�i`t, 6n E��ement..� "ov. r and
across ifiat portion of said .Lots 1 arid, ;legally d sax'iY ed on
Exkfibi A attached hereto and incorporAtdd hprdin this
I
e feronce`- ("Tukwila Pond" herein), which
'generally :�rc�'vides
Xisting 'vegetation shall be retained aged,, �xo
4livexdvzent shall be permitted. on Tukwila' Pond that
1,ould Affeat,.."e ab i lity to preserve the ecological
syteni t bird and other wild7,ife habitat for
8 :so '1A�tq s Tukwila Pond is ftemed to have significant
Value as �bird and: other Wildlife habitat according to
either' the ;:Statb..Jot` Washington Department of Wildlife
or the U S Fish. Arid .Vild:life Service, or their
Q :successors
IN WITNESS W}iEREa'; .S= H== BEIyOL,I :ELF OMEY X179 has caused
this instrument to be executed.,.this day .of November, 1993.
i•3E NC3Y, BL- ROMNEX #3.79,
.:Califnrn a 'Limi Partnership
By:-
B ruce 114 ford
Managing n•era•.l F trie.
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