HomeMy WebLinkAbout4123�4N ®R®TNANCE of the city council of the
city of Kent, Washington, providing for the
acquisition of certain property and/or property
rights in order to construct, extend, widen,
improve, alter, maintain, and reconstruct portions
of the Green River levee system; providing for the
condemnation, appropriation, taking, and
damaging of such property rights as are necessary
for that purpose, providing for the payment
thereof out of flood district funds; directing the
city attorney to prosecute the appropriate legal
proceedings, together with the authority to enter
into settlements, stipulations, or other
agreements; and acknowledging that all of the
affected real property is located within the
corporate limits of the city of Tukwila in King
County, Washington.
A. The Desimone Levee Improvement Project (��Project") is
necessary to provide flood protection to the Green River Valley which
includes the city of Kent, city of Tukwila and King County Flood Control
done District ("KCFCD").
B. Kent and Tukwila share a mutual boundary in an area along
thKO Green River within the KCFCD that is protected by the Project. A
� Green River
Levee Improvement
Condemnation Ordinance
breach in the Project section in Tukwila would inundate properties wthin
both Kent and Tukwila.
C. The KCFCD passed Resolution FCD2013-02.2 on February 26,
2013, provng for use %J the state grant, provng additional KCFCD
funding for the Briscoe-Deimone Levee project, supporting the use of
setback levees that are retained by walls on the landward side, and
assigning Kent responsibility for design and construction of these setback
levee improvments.
D. Kent entered into an interlocal agreement ("ILA") with the
KCFCD on lune 6, 2013 relating to the use of state and KCFCD funds,
assigning Kent as lead for design, permitting and construction of the
Briscoe-Desimone Levee project.
E. Kent entered into an interlocal agreement with the City of
Tukwila on March 6, 2014 relating to the authority of Kent to act as lead
agency for design, permitting and construction of the Project including
authority to condemn, or to acquire in lieu of condemnation, property
within Tukwila.
F. Property and property rights along the alignment of the
Project must be acquired in order to complete the Project.
G. Efforts are now ongoing to acquire the properties necessary
for this public use by negotiation and settlement agreements.
H. In the event that negotiated acquisifiion is not fully successful
it is essential that the city be prepared to ate condemnation
proceedings so that the Project can be timely constructed.
2 Green iTiver
Levee Improvement
Condemnation Ordinance
I. The City has provided notice in the manner provided for in
RCW 8.12.005 and 8.25.290.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
SEC7"1"®�l Y. After receiving the report of city staff and after
reviewing the planned improvements for the Project, the city council finds
and declares that the public convenience, use, health, safety and necessity
demand that the city of Kent condemn, appropriate, take, and damage
portions of certain real properties located within the corporate limits of
Tukwila in King County, Washington, in order to acquire the necessary
property and/or property rights for the construction of the Project,
including all necessary appurtenances. The properties to be acquired are
approximately depicted in Exhibit "A," and legally described in Exhibit "B,"
both of which are attached hereto and incorporated herein by this
reference ("Properties"). The purposes for which this condemnation is
authorized shall include, without limitation, all acts necessary to complete
the construction, extension, improvement, widening, alteration,
maintenance, and reconstruction of the Project, including improvements
for sheet piles, cap beam, concrete barrier, handrail levee fill, access
ramps, drainage, trails, landscaping, illumination, utilities, utility
adjustments, and relocations, and any other levee, street, or municipal
purposes that may become necessary from time to time on the Properties.
SECiI®AI 2. The city council authorizes the acquisition by
condemnation of all or a portion of the Properties for the construction,
extension, improvement, widening, alteration, maintenance, and
3 Green River
Levee .Improvement
Condemnation Ordinance
reconstruction of the Project, including acquisition of property and/or
property rights, together with all necessary appurtenances and related
work to make a complete improvement according to city standards.
SECTI®N 3. The city shall condemn the Properties only upon
completion of all steps and procedures required by applicable federal,
state, and/or local laws and regulations and only after just compensation
has first been made or paid into court for the owner or owners in the
manner prescribed by law.
SECTION 4. The city shall pay for the entire cost of the acquisition
by condemnation provided for in this ordinance through the city's ILA with
KCFCD, city drainage fund or from any of the city's general funds, if
necessary, as may be provided by law.
SECTION a. The city council authorizes and directs the city
attorney to commence those proceedings provided by law that are
necessary to condemn the Properties. In commencing this condemnation
procedure, the city council authorizes the city attorney to enter into
settlements, stipulations, or agreements in order to minimize damages,
which settlements, stipulations, or agreements may include but not be
limited to the amount of just compensation to be paid, the size and
dimensions of the property condemned, and the acquisition of temporary
construction easements and other property interests.
SECTION 6. -Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, that
decision shall not affect the validity of the remaining portion of this
ordinance and that remaining portion shall maintain its full force and
effect.
4 Green
River
Levee Improvement
Condemnation Ordinance
SE "011 A - 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; ordinance, section, or subsection numbering;
or references to other local, state or federal laws, codes, rules, or
regulationsI
SECT'I"0119 E. -Effective Date. This ordinance shall take effect and
be in force thirty (30) days from and after its passage and publication, as
provV
ded by law.
s�
ATTEST:
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
KE, MAYOR
5 Green River
Levee Improvement
condemnation Ordinance
PASSED: day of An Fr� , 2014.
APPROVED: day of , 2014.
PUBLISHED: day of , 2014.
I hereby certify that this is a true copy of Ordinance No. `
passed by the city council of the city of Kent, Washington, and approved
by the Mayor of the city of Kent as hereon
P:\Civil\Ordinance\Green River Levee Improvement Condemnation Ord.docx
6 Green River
Levee Improvement
condemnation Ordinance
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Avenue S.
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M.61NNING AT A 1101W ON A16HT MJF WAY €161H OF RIMSIDE DRIVE AS
SHOIAW ON SAID 5HORTPLAT, DISTANT THEREON SOUTH 78036'M' EAST 267,70 PEES F'i wioi T1 FE
SOUTHNIE5TERLY COMM Or SAID LCAT 23;
THENCE FROM SAID POINT OF BEGINNING NORTH ii4`23'S0" CAr5T 430.27 FEET TO A POINT ON' TOC:
t OUNDARY OV SAW LOT 231
THENCE ALONG THE UOUNDAV Or SAID LOTS 23 AND 24 THE FOLLOV6NIG COURSES;
SOUTH 29"30"00" EAST 66vil. FEET;
THENCE SOUTH 25°20'00" EAST 100,00 rEEF,
THENCE 51DUTH 23004'00'! EAST' 99400 FEET;
THENCE SOUTH 241151'DD" EAST 100.00 FEET;
THENCE SOUTH 9V29'00" EAST 44613 FEEPt
THENCE SOUTH 11023'50" WEST 147.37 FEEFTO THE NORTHEASTERLY RIGHT OF LVAY LINE OP SAID
M/ERSIDE DRIVE)
THENCE ,ALONG SAID NORTHEASTERLY RIGHT OF 1AVAY LING FIROM A tFANGE7VTnrAT BEARS NORTH
10' 4' 10" Vtr[ SI ALONG THE ARG OF A CURVE 10 THE LOFT HAVING NG A RAMUS OF 110"00 FEET AND A
c"ITRAL ANGLE OF= 27"02'00'x, AM ARC T,
TFIENCE TANQENT TO THE PRECEDING Gt RVEY NGRT irl 78°V10" )ASST ):'72:24 FET TO THE POINT OF
t3EGINNTNG;
ALSO (KNOWN AS LOT 2x1 OP CITY OF TUMVILA BOUNDARY STM: ACaYWTIMPNT 5(1.57*RLA, RECORDED
uNDVR MCORDING NUMHCJR 0610,010233),
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Riyerpoint Two LLC -Tax I.D. U111 t=1 788890-0170 anal 0175 located at
18200-18300 Cascade Avenue S.
l�ustl ivrnet: R3',rERP�7TP;TT�'a<< I,l,=, A.1�i51Uh1GTOtJ LIh1kTED LT�,PILITY �OhiFANY
Rv%51 xkropemv in the County of Kiri, State of vt(, hingtnn, desc ibed as fcdlnk°r5,
pARC,EL A..
THAT PORTION DO LOT 1v of vME PLAT OF SOUTHCFNTER SOU 111 INDUSTRIAL PARK AS R.ECtif )ED
IN Mtjrtp� V OF PLATS, PAGES 22 THROIXII 2;); INCtUS•IVEo IN KING COUNTY, WA.SHINGTUtd
l7ESCR.EBED AS FOLLM(04 ,
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TI-IONCE N llc%i 50" E ALONG A LINO il) FELT EAST OF AND PARALLEL W12111 THE t4'b7 LINE OF SAM
LOT 17 A DJSTANCIj OF 357400 FEET To THE TRI.1E POINT' OF BEGINNING,,
THFNC:ONTINUING N 11°23'..5V' r ALMIG SAID LINEAE DISTANCE OF )91-v2s FE:E1;
THENCE ALONG to WRVF TO THE LEFT' HAVING A RADIUS OF [1+3.0[1 FEET, AN ARE DI53' Nt• Or
-3.;? 1, FFE7' ThI11OUGH A CEr T .?AL- ANGI,F OP 43`'20'.30" 7*0 THE INEST LINE CSF SAILS LQI7 171
EIi ENCE N 11'2.3'50" FAMMG 8AI15 WEST LINE, DISTANCF OF I�10,.s3 FEET TO THE NORTITNEST
CORIJER aF ` A10 LOT 1? AND THE TOP OF THE RI6I17 DANK OF THE GREEN RIVER,
-HMC( ,ALONG SAID TOP OF THE RIGHT BANK 01"I HE GREEN RIVER THE FOLL{lM114 COURSES AND
UIS1'ANCES114
S °H 129'130" E A OMANCN 01:60,08 FEErr,
S 53*4 3'Ven" C A DISTANCE OF 98,00 FEET';
5 72�'1TOO" EA OISTANCF OF 101.010 FE=EL',
S 62E08'00" F A D)!S. ANCE OF 10000 FEET,
J 78''I14'OIfY L A DISTANCE OF 99,nt1 FFri
iJ 68"34'W E A QI57ANCF 014 99.00 FEET;
w173r00'a3" F Ao D[gTANGE OF 97469 FEET, P1ORF OR LU$r% I'0 THE'WEST MARciltd Ora SL•CL7t,4DARY
STATI' hIIG1IVVAY Me"
THENCE LEAVING 5A[P TOP OF THE RIGHT BANK OF THF CI AtN RIVER ALONG SAID'&EST M41
4P1 A. CIJRVE TO `F(IE RIGHT, THE CEIITER OF W! lj(ql I MARS PI 17033'217" Vd HAV(NG A 1 ATMUS OF
43, 14 FELT, AN ARC D5TANCF 0V U/ 11$ FEET; THRCIUG-H A CENTRAL ANGLE OF 0901.1`10'';
I"I IENCE S.5197'11)" %AWNG SAID ti','EST MARGIN A DI5wcr OI' 1;31.41; FEET,
THF,NCF AI,(1NG A CURVE TO THE LEFT ON MID Wt!L )' MARGINt HAVING A. RAQIIJS Lill 0113,1+1 FEET,
A•N ARC DISTANCE OF 423,513 FFFT TRkOUG1I A CENTRAL ANGLE 05 40`1 1°11+3";
i"HENCE 5 11`'?4�31'511 lhi ALONG SAID WEST MARGIN A D151ANCEA OF 23,=2 FEET;
m-HFJ'JC.5 N r'30361W 'AA,A DISTAMM or m!;.Ou 17C LT TO THE TRUE POINT Or 8EGINNING1
{AI �0 KrV'MVPJ AS E'I-tAS'E 71 OF Cl7€fP(1R'.AT5 PROPLR Tr' INVESTORS G'IKDtN[z:SCTF ifs'iPI:OU'EM
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PLAtd RECORDED Uh1DER t7.FCC�au[CJG sJi�, ;310921055 AtdD R,,-RE%OIiGED R.INL'iEFt RECt�R17I11'CJ hdE?-
403i30t3750, SALL, Pi1m5C II OEING,'k PORTIt7N OF Loa f 17 ON GLIU`rJCIAA I LI`Jk: 01471.�51 P1L'h1'1' h1tT, 81-
19 i1 LA T+C�ORC1Ef� UNDERt?FCORr�IN�;r ro O.40'111050568,, VMTCH IDSA POR17rltd 01'LOT15�A[dD irtitt=
OF LOT 17 OF FOJJ1 CLN T EN. SOUTH INDUSTRIAL PAR11o', ACCORDING TO THE PLAT THFRFOt-
RECoaR ?FC1 ltd VOLUME 97 OF P[YffS, PAGF.5 2? 711ROUCH 25„ IN ti1SIVE, I1M KrMG COUN (ye
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F<<cF1'14'ri"lAT I'JRTIOhJ 71-1EI;EOF DEFDFQ T O rIAG r_II'f 41F T111t1Wlt.a°j, WkS1it?•JcTt}N, A Mu,ydlCiPAL
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i 11'J=i iCt.
I'ARt;EL D
THAT I'VRTLC7N OF LQT 17 OF THE P1,AT CJF.eipUT7iCf:N`PCR SC)U'I"tl 1tIDLISTRL4L PARK A RE'COR.(�Fl?
Ii I VOLLAfF i7 Or PLA T% PAGES 22 THROUGH 25, INCLUSIVE, IN KING COUNTY, WA-5111MGTOM
DESCRIBED AS FOLLOWSt
BEGINNING AT THE SOUTHWEST CORNER OF SAID 140T 17,;
THENCE S 713910'10" F ALi)N(; THE SOUT1 F LINE Gf' SAID LOT 17 A DISTANCE OF 130,00 FFFI' TO 7'HL
TRUE PC3ti`R' OF BUGINNING;
THENCE ALONG A CURVE TO THE RIGHT OF THE (MI -ER Or WHICH BEARS N 11°23'54" E HAVING A
RADIUS OFf), O .METAN Alia DI$f`ANCE OF M54 FEETTHROUGH A CFf'ITRAI. AN6LF Or ` 0000`00";
119011CL N 11°23'510" t: ALONG A LINE 30 FEET EAST OF ANT) PARALM Wil 11 'I'I IE WEST LINE OF SOM
LOT 17 A DISTANCE OF 357,00 FFFT;
THENCE S 70",W]0" V A DISTANCE OF 295.00 PEETTO THE VJEST MARGIN TIC 15MONDARY SPATE
HIGHWAY 21t
THENCE G 11023'50" W ALONG SAID fv'IARCIN A DiS7'ANCEOF 11,56 FEET;
THENCE N, 7t OUV Si)" W ALONG SAID MARGIN A DISTANCE OF IM0 FEET;
THENCE S 11023'50" W ALONG SAID MARGIN A DI5l'ANCE OF 315.04 FEET;
THENCE ALCING A CURVE, 70 TH8 RIGIiT HAVING A RADIUS OF 50,00 FEET, AN AR(; 015TANCE OF
7(1.84 FFCf 11-IROLIGI i A CENTRAL ANGLE OF 9D°00'00" TO THF NORTH MAGIN OF TCDD BOULEVARD;
THENCE NORTH 78036'L0`VV ALONG SAID NORTH MARGIN A DISTANCE OF 185,00 FEET TO THF ULU
POINT OF BEGINNING.
(ALSO KNOWN AS PHASE; I OFCORPORATE PRO101Y INVESTORS BINDING SITE IMPROVEMENiT PLAN'
RECORDED UN'DFR A CORIANC; No, 8104210155 AND R&RECORDE0 UNDF,R RPCORDING Nil,
a4090605B, L,41D PHASE I BEING A PORTION OF LOT 17 OFF BOUNDARY LINE'- ADJUSTMENT 1'10, 811
29"BLA RECORDED UNDER RECORDING MO, (3,1110(560, WHICH IS A PORTION OF LOT 15 AND ALL
OF LOT 17 OF 5Q0THCFNTER SOUT, I INDUSTRIAL PARI(, ACCORDING TO THC PLAT THEREOF
RECORDED IN VOLUPIE 97 OF PU7T5, PAGES 77 THROUGH 2�, INCLUSIVE, IP,,' KING COUNTY,
WASHINGTON;j
EXCEPT THATPORTION THEREOF QFEP? I)110 TI IL CITY OF TUPVdILA, WASHINGTON, A MUNICIPAL
CORPORKTION, BY (]LED RECORDED UNDER RECORDING NC3, `3iLI 050110,
Tax Parcel Nulliber 7138890•I31M
(i7 ris1i17fiG£i9iJ-0175-OG
'=rtu, A�'dre,s: 182(10 and 18300 Cascttdr3/ati�r1U� `.��tllh, 1'tticr;ila, f+VA 98186