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Home My WebLink About4236Ordinance No. 4236 (Amending or Repealing Ordinances) 2/7 /20L7 Condemnation, appropriation, taking, and damaging of real property and/or property rights for the South 22}th Street Grade Separation Project 'RDTNAN.E No. +ub AN ORDINANCE of the City Council of the City of Kent, Washington, providing for the acquisition of real property and/or property rights located 1,000 feet east and west of the railroad tracks for Union Pacific Railroad and adjacent to South 228th Street. This action is being taken in order to construct the South 228th Street grade separation project. This ordinance provides for the condemnation, appropriation, taking, and damaging of real property and/or property rights as are necessary for that purpose and provides for the payment thereof out of the S. 228th Street UPRR Grade Separation Project Fund (Fund No. R90067,6442O.22O). This ordinance also directs the City Attorney or designee to prosecute the appropriate legal proceedings, together with the authority to enter into settlements, stipulations, or other agreements, and acknowledges that all of the real property affected is located within King County, Washington. RECITALS A. The grade separation project on S. 229th Street where the street meets the railroad tracks for the Union Pacific Railroad is necessary to improve traffic operations and safety by separating vehicle traffic on S. 229th Street from trains that operate on the UPRR tracks. The project will also increase pedestrian and bicycle mobility and safety by separating Interurban Trail users from vehicle traffic at the trail's S. 229th Street Condemnation Ordina nce - S. 228th St. - UPRR Grade Separation 1 crossing. Grade separation will occur by constructing an overpass on S 2281h Street over the tracks of Union Pacific Railroad. B. To complete the project, staff must acquire certain property andlor property rights along the project's alignment. Efforts by City staff are currently ongoing to acquire the necessary property and/or property rights for this public use through negotiation and settlement agreements, C. In the past, staff has not typically sought formal Council action authorizing eminent domain proceedings until negotiation efforts fail or stall, However, timing on this project is critical due to time limitations on the use of grant funds required for the project, For this reason, staff has requested that Council authorize eminent domain proceedings for this public use now to place the City in a position to initiate condemnation proceedings without delay should negotiation efforts deteriorate so the project may still be timely constructed. D. Prior to Council's action on this ordinance, the City provided the requisite notice to property owners in the manner provided for in RCW 8.12.005 and RCW 8.25.290. NOW, THEREFORE, THE CIry COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 7, - Public Use and Necessity Declared. After receiving the report of City staff, and after reviewing the planned improvements for the S. 228th Street Union Pacific Railroad Grade Separation Project (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 certain real properties, all or in part, and located in King County, Washington, in order to acquire the necessary real Condemnation Ordi na nce - S. 228th *. - UPRR Grade Separation 2 property and/or property rights for the construction of the Project, including all necessary appurtenances. The properties affected by this ordinance are legally described in the attached and incorporated Exhibit A (collectively "the Property"). The acquisition area proposed for the Project is broadly depicted in the attached and incorporated Exhibit B ("Acquisition Area"). However, the scope and boundary of the Acquisition Area may change concerning any portion of the Property if engineering requires modification of the plans, and such changes are hereby authorized, The purposes for which this condemnation is authorized shall include, without limitation, all acts necessary to complete the construction, extension, improvement, widening, alteration, maintenance, reconstruction, and restoration of the Project, and any other municipal purpose that may be necessary from time to time on the Property. SECTION 2. - Condemnation Authorized. The City Council authorizes the acquisition by condemnation of all or a portion of the Property for the construction, extension, improvement, widening, alteration, maintenance, and reconstruction of the Project, together with all necessary appurtenances and related work to make a complete improvement according to City standards. SECTION 3, - Condemnation Procedures and Proceedings. The City shall condemn the Property only upon completion of all steps and procedures required by applicable federal or state law or 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, - Project Fund. The City shall pay for the entire cost of the acquisition by condemnation provided for in this ordinance through the City's *S. 228th Street UPRR Grade Separation Project" fund (Fund No. R90067.64420.22O) or from any of the City's general funds, if necessary, as may be provided by law. Condem nation Ordina nce - S. 228th St. - UPRR Grade Separation 3 SECTION 5. - City Attorney AuthorÌzed. In the event reasonable negotiation efforts are not successful with affected property owners, or if the timing of the Project otherwise requires, the City Attorney or his or her designee is authorized and directed to commence those proceedings provided by law that are necessary to condemn the Property. In commencing these condemnation proceedings, the City Council authorizes the City Attorney to enter into settlements, stipulations, or agreements in order to minimize damages, These settlements, stipulations, or agreements may include, but are not 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, - Ratification. Any acts consistent with the authority of this ordinance and prior to its effective date are ratified and affirmed. SECTION 7. - Severabilitv. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 8. - Effective Date. be in force five days from and after its ATTEST: MOTO, CIry CLERK This ordinance shall take effect and onasp e law COOKE, MAYOR Condemnation Ordinance - S. 228th St - UPRR Grade Separation 4 KIMBERLY A. APPROVED AS TO FORM: Àí^il'h rovl anuBAKER, clw ATToRNEY PASSED , 'l n day of APPROVE o, T * day of PUBLISHEo' ldn day of I hereby certify that this is a true copy or ordinance No, L+LÒta passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated, (sEAL) KIMBERL KOMOTO, CITY CLERK 20L7. P:\c'vil\Ordrñ¿dce\Coñdemn¿ùon ?28 UpRR GradeSeparaùon.docx .2 0t7 20L7 Condemnation Ord ina nce - S. 228th *. - UPRR Grade Separation Fohrt,t nnt 5 EXHIBIT A Legal Descriptions for S. 228th St. UPRR Grade Separation Condemnation Ordinance Tax Parcel Number: 132204-9339 LOT B, BETAWEST SHORT PLAT CITY OF KENT NO. B9-4, ACCORDING TO THE SHORT PLAT RECORDED UNDER RECORDING NUMBER B9LL27\377, SAID SHORT PLAT BEING A PORTION OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHTP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON. Tax Parcel Number: 132204-9219 and 383090-0060 PARCEL A: LOT 3, CITY OF KENT SHORT SUBDIVISION NO. SpC-84-4, RECORDED UNDER KING COUNTY RECORDING NUMBER 8406151322, BEING A REVISION OF CITY OF KENT SHORT PLAT NUMBER SPC-78-36, RECORDED UNDER KING COUNTY RECORDING NUMBER 7812200850, SAïD SHORT PLAT BEING A PORTTON OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON. PARCEL A1 A NON-EXCLUSIVE TWENW FOOT EASEMENT FOR PRIVATE ACCESS AS DELINEATED ON SHORT PLAT NUMBER RECORDED AS RECORDING NUMBER 84O6T5L322. PARCEL B: LOT 6, KENT VALLEY INDUSTRIAL PARK, ACCORDING TO THE PLAT THEREOF RECORDED TN VOLUME 97 OF PLATS, PAGES 30 THROUGH 35, INCLUSIVE, IN KING COUNTY, WASHINGTON; PARCEL 81: A NON-EXCLUSIVE APPURTENANT EASEMENT OVER THE SOUTHERLY 10 FEET OF THE PREMISES IMMEDIATELY ADJOINING ON THE NORTH, AS GRANTED UNDER INSTRUMENT RECORDED UNER KING COUNTY RECORDING NUMBER 74013LO120 AND RE-RECORDED UNDER KING COUNTY RECORDING NUMBER 74O7OTOTO2, Tax Parcel Number: 383090-0050 LOT 5, KENT VALLEY INDUSTRIAL PARK, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 97 OF PLAYS, PAGES 30 THROUGH 35, IN KING COUNTY, WASHINGTON. Exhibit A Page 1 of 2 Tax Parcel Number t322O4-9229 LOT A OF CITY OF KENT SHORT PLAT NUMBER SPC-89-4, ALSO KNOWN AS BETAWEST SHORT PLAT SP-89-4, RECORDED NOVEMBER 27, 1989 UNDER RECORDING NO. 89IL277377, RECORDS OF KING COUNTY, WASHINGTON. Tax Parcel Number: BB34B0-0110 LOT 5, BLOCK 2, UPLAND CORPORATE PARK, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 108 OF PLATS, PAGE(S) 38 AND 39, RECORDS OF KrNG COUNTY, WASHINGTON. Tax Parcel Number: 132204-9342 LOT 2, CITY OF KENT AT&T SHORT PLAT NO. SP-93-5, ACCORDING TO THE SHORT PLAT RECORDED UNDER RECORDING NUMBER 9307300513, RECORDS OF KING COUNTY, STATE OF WASHINGTON; Tax Parcel Number: 383090-0065 LOTS 7, B AND THE NORTHERLY 190 FEET OF LOT 9, KENT VALLEY INDUSTRIAL PARK, ACCORDTNG TO THE PLAT THEREOF RECORDED rN VOLUME 97 OF PLATS, PAGE(S) 30 THROUGH 35, RECORDS OF KING COUNTY, WASHINGTON. Tax Parcel Number: 383090-0230 LOTS 23 AND 24, KENT VALLEY INDUSTRIAL PARK, ACCORDING TO THE PLAT THEREOF RECORDED rN VOLUME 97 OF PLATS, PAGE(S) 30 THROUGH 35, RECORDS OF KING COUNTY, WASHINGTON. Tax Parcel Number: BB3480-0090 LOT B, CITY OF KENT LOT LINE ADJUSTMENT NUMBER LL-2OOB-5, RECORDED UNDER RECORDING NUMBER 2OOB1O2OOO1358, RECORDS OF KING COUNTY, WASHINGTON; EXCEPT THAT PORTION OF LOT B CONVEYED TO CITY OF KENT PURSUANT TO QUIT CLAIM DEED RECORDED UNDER RECORDING NUMBER 20T20607007872. Tax Parcel Number: 383090-0040 LOT 4 KENT VALLEY INDUSTRIAL PARK, ACCORDING TO PLAT RECORDED IN VOLUME 97 oF PLATS, PAGES 30 TO 35, INCLUSIVE, IN KING COUNTY, WASHINGTON; EXCEPT PORTION CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NO. 693010, FOR SOUTH 22BTH STREET. Exhibit A Page 2 of 2 m=-oXttJI¡GENDSI3,1', 'i'Ri4IIIIE.Êottilc cÉlÌERUNÊÐ(SIINC ñGilI S WAY UilE-1Ir///////////¿RæÑE IAEMM PRÑilT EAS€XE!Îmæñ BPffiñAgilfi-PARC€L No. 132204-9219T'tI*'tiIIII¡-tPARC€L No. 883440-009ÕPARC€L No.343090-0050PARCEL No- IPARCEL No.883480-0110PARCEL No.3A30e0-006058J090-004dItcstNL _,1L___. *__tL*lIfftT---*uiL¡¡aoF.__.1-___lLL*___tLlL*JJ)s. 228th STRIETS. 228Th STREETrlItlL_lIIhrJtlt¡lliilLI"LIIt.tUI>t<r¡,{lII\PARCEL No. 132204-9342PARCEL No. 132204-9339 lr-lI¡PARCEL No. 383090-0065 L * îT-fL-**-_ JìIIIIIIIIIIItT*--- *-tJL'lPARCEL No. 383090-02501II___r_lzU@Il|iL*"1L_TiIlLI---l\III']LT*"--**t-"1L*J1"-I--lIILPARCEL No.132204'9229rIIIIIIIIIIfIIIIIII¡IT---- **--t-lILL_IIIL_llfIII!,EXHIBII BACOU|S|T|ON ^nE^S 2281H STREET GRADE SEPARAÎION AI IHE UNION PACIFIC RAIT,ROAO