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HomeMy WebLinkAbout1991RESOLUTION NO. 1991 A RESOLUTION of the City Council of the City of Kent, Washington, that: (1) declares approximately 2.28 acres of land located on the East Hill of Kent at L2436 SE 248th Street and commonly known as the Lannoye Property and identified by King County Tax Parcel Numbers 2L22O5-9L22, 2L22O5-9L77, and 2L2205-9099 as surplus to the City's drainage utility; (2) authorizes the transfer of that surplus land from the drainage utility to the City's Parks, Recreation, and Community Services Department; (3) conditions that surplus land transfer upon the drainage utility's receipt of $978,000; (a) removes any use restriction Council may have established at the time it authorized the purchase of the Lannoye Property for the drainage utility; and (5) authorizes the Mayor to take all other actions, and sign all documents as may be necessary, to fully implement the terms of this resolution and to effect the Lannoye Property's administrative transfer from the City's drainage utility to the City's Parks, Recreation, and Community Services Department. RECITALS A. On December L4, 20tO, the Kent City Council authorized the purchase of land known as the "Lannoye Property" for $702,000. The Lannoye Property is approximately 2.28 acres in size, located at 12436 SE 248rh Street in Kent, and identified by King County Tax Parcel Numbers 2L2205-9O99, 2L2205-9L22, and 2t2205-9t77. At the time Council authorized the land purchase, it provided that the Lannoye Property was "to be used as a detention pond site for the East Hill Operation Center." The propefty has been owned and held by the drainage utility since its acquisition by the City. Lannoye Propefty - Utility Surplus and Land Transfer to Parks Depaftment 1 B. On October L7, 2OL7, the Kent City Council adopted Resolution No. L949 that declared as surplus a portion of Morrill Meadows Park to support a joint development project with the YMCA of Greater Seattle (*YMCA'), and authorized the Mayor to take all actions necessary to remove use restrictions imposed by the state Recreation and Conservation Office ("RCO') from that portion of Morrill Meadows Park and East Hill Park that were either going to be transferred to the YMCA in fee or used in ways that were inconsistent with original grant conditions imposed by RCO. Removing those RCO use restrictions required that the City provide replacement property deemed suitable by RCO. C. After Council authorized the surplus of a portion of Morrill Meadows Park and East Hill Park and supported advancement of the joint development project with the YMCA, City staff began discussing ways in which the City could most economically satisfy its conversion responsibilities to RCO. In early 20t8, Public Works staff raised the Lannoye Property as a possible site that could be made available to the City's Parks, Recreation, and Community Services Department ("Parks Department") given the lack of City funding to support construction of a new East Hill Operations Center. D. City staff obtained an appraisal on April 25, 2018, valuing the Lannoye Property at $978,000. If accepted by Council, Public Works agreed to transfer the Lannoye Property out of the drainage utility in exchange for the Parks Department's payment to the utility of the appraised value as determined by this appraisal. With this information, Parks staff began more formal discussions with RCO staff to determine the suitability of the Lannoye Property as replacement propefty. The City and RCO have since agreed that, if declared surplus by the City Council, the Lannoye Property would be suitable replacement property to meet the City's conversion responsibilities triggered by the joint development project with the YMCA at Morrill Meadows Park. The Parks Department proposes to pay for the Lannoye Property using Lannoye Property - Utility Surplus and Land Transfer to Parks Department 2 both grant funds and capital funds it received through the joint Morrill Meadows Park and YMCA development project. D. Pursuant to RCW 35A.11.010, the City is authorized to dispose of real property for the common benefit. When property was originally acquired for public utility purposes, RCW 35.94.O4O requires that the City determine, after a public hearing and by resolution of the City Council, that the public utility property is surplus to the City's needs and should be leased, sold, or conveyed. This statutory process for the surplus of utility property exempts this land exchange transaction from the local surplus process otherwise provided for by Chapter 3.L2 of the Kent City Code. E. Additionally, RCW 35A.21.410 requires a public hearing before Council may authorize removal of a restrictive covenant. The purpose of the Lannoye Property's original acquisition was stated by Council "to be used as a detention pond site for an East Hill Operation Center," While the City does not believe this stated purpose rises to the level of a restrictive covenant for purposes of RCW 35A.21 .4LO, a public hearing was already required before Council could consider whether to surplus the Lannoye Property as utility property. Therefore, a public hearing to contemporaneously remove any use restriction that may exist with respect to the Lannoye Property for purposes of RCW 35A.21.410 was also scheduled. The City combined these public hearings to occur together and set September 3, 2019, as the public hearing date. Notice was posted and a press release issued inviting all interested members of the public to the public hearing to learn more about the land exchange transaction and to speak in support or opposition of the utility property's surplus and the removal of restrictive covenants. F. Because the Lannoye Property was never put to its intended use as a detention pond site for an East Hill Operation Center, the City's State Environmental Policy Act (SEPA) Responsible Official determined the property transfer was exempt from SEPA review. Lannoye Property - Utility Surplus and Land Transfer to Parks Department 3 G. Having complied with the statutory procedures and provisions to surplus City utility property and remove restrictive covenants from public land, the Kent City Council has determined that it is appropriate and timely to surplus the Lannoye Property; to authorize the Mayor to take all steps and sign all deeds and other documents necessary to transfer the Lannoye Property from the City's drainage utility to the City's Parks Department upon the utility's receipt of $978,000, which represents the property's appraised value at the time staff agreed to pursue approval from both the RCO and the Kent City Council to authorize the property's transfer to satisfy conversion responsibilities; and to remove all restrictive covenants to allow the Lannoye Property to be used as replacement property to satisfy the City's conversion responsibilities to RCO. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 7. - Recitals Incorporated. The foregoing recitals are incorporated into the body of this resolution and constitute the findings of the Kent City Council on this matter, SECTION 2, - Public's Best Interest It is in the public's best interest that the City proceed with the land exchange transaction provided for by this resolution in suppoft of the joint Morrill Meadows Park and YMCA development project to satisfy conversion responsibilities the City owes to RCO by supplying suitable replacement property. SECTION 3, - Prooerty Deemed Surplus. After the giving of timely notice as required by RCW 35.94.O4O, a public hearing was held on September 3,2Ot9, at a regular meeting of the Kent City Council, to evaluate whether the Lannoye Property, owned by the City's drainage utility, should be declared surplus and transferred to the City's Parks, Recreation, and Community Services Department upon the utility's receipt of the property's Lannoye Property- Utility Surplus and Land Transfer to Parks Department 4 fair market value of $978,000, as determined by an appraisal dated April 25, 2018. Having given due consideration, Council declares as surplus the Lannoye Property, legally described and depicted in the attached and incorporated Exhibit A, and authorizes the Mayor to take all steps necessary, and to sign all documents required, to convert and transfer the Lannoye Property from the drainage utility to the City's Parks Department. SECTION 4, - Consideration to be Paid. The Council finds and declares that the sum of $978,000 the drainage utility will receive from the City's Parks Department represents the Lannoye Property's fair market value, as determined by an appraisal obtained on April 25, 2OI8, when the two City depaftments agreed to transfer the property to the Parks Department in support of the joint Morrill Meadows Park and YMCA development project, conditioned on Council's agreement to surplus the property, and RCO's agreement to accept the property as suitable replacement property. SECTION 5, Removal of Restrictive Covenants. After due consideration, Council hereby declares that any use restriction that Council may have imposed at the time it authorized the Mayor to purchase the Lannoye Property that may qualify as a restrictive covenant for purposes of RCW 35A.2t.4LO is hereby released, and upon the property's transfer to the Parks Department, the Lannoye Property may be used as the Parks Department determines is appropriate, including as replacement property to satisfy any conversion responsibilities owed to RCO. The Mayor is expressly authorized to sign any document that places a substitute restrictive covenant on the Lannoye Property, once fee title is held by the Parks Department, in favor of RCO or any other grant agency, with terms and conditions as the City Attorney and Parks Director may determine are appropriate. SECTION 6. - Ratification and Authorization. With its adoption of this resolution, Council ratifies all acts consistent with the authority of this resolution and prior to its passage, and authorizes the Mayor to take all acts necessary, and to sign documents required, to implement, fulfill, and Lannoye Property- Utility Surplus and Land Transfer to Parks Department 5 otherwise carry out the terms of this resolution, subject to final terms and conditions as the City Attorney may determine are appropriate and consistent with the authority granted herein. SECTION 7, - Severability. If any one or more section, subsection, or sentence of this resolution is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this resolution and the same shall remain in full force and effect. SECTION 8. - Corrections by City Clerk Upon approval of the city attorney, the city clerk is authorized to make necessary corrections to this resolution, including the correction of clerical errors; resolution, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 9, - Effective Date. This resolution shall take effect and be in force immediately upon its passage. DANA MLPH, MAYO September 3, 2019 Date Approved ATTEST: ( September 3. 2019 KIMBERLEY OTO, CITY C Date Adopted APPROVED PATRICK, CITY ATTORNEY 6 Lannoye Property- Utility Surplus and Land Transfer to Parks Department EXHIBIT A PARCEL A The West L73.2 feet of the South 264 feet of the East half of the West half of the Southwest quarter of the Northeast quarter of Section 21, Township 22 North, Range 5 East, W.M., in King County, Washington; EXCEPT the East 79.OL feet thereof; AND EXCEPT that portion lying South of the North margin of Southeast 248th Street, as established by deed recorded under Recording No. 5845351; Parcel No. 212205-9099 PARCEL B: The East 79.0L feet of the West L73.2 feet of the South 264 feet of the East half of the West half of the Southwest quarter of the Northeast quarter of Section 2t, Township 22 North, Range 5 East, W.M., in King County, Washington; EXCEPT that portion lying South of the North margin of Southeast 248th Street, as established by deed recorded under Recording No. 5845351; Parcel No. 212205-9L22 PARCEL C: The South 264 feet of the East half of the West half of the Southwest quarter of the Northeast quarter of Section 21, Township 22 North, Range 5 East, W.M., in King County, Washington; EXCEPT the West L73.2 feet thereof; AND EXCEPT that portion lying South of the North margin of Southeast 248th Street, as established by deed recorded under Recording No. 5845351; ALSO the East 15 feet of the South 909 feet of the West half of the Southwest quarter of the Northeast quarter of said Section 21; EXCEPT the South 264 feet thereof; ALSO the East 30 feet of the West half of the Southwest quarter of the Northeast quarter of said Section 21; EXCEPT the South 909 feet thereof; Parcel No. 212205-9t77 Situate in the County of King, State of Washington Lannoye Property- Utility Surplus and Land Transfer to Parks Department 7 E93EE$6abEs&roFFOEEFs-Jtr'l!-I€raIg*++++Ii,1c)!tI.atIgTtlt1: