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HomeMy WebLinkAbout2003 RESOLUTION NO. 2003 A RESOLUTION of the City Council of the City of Kent, Washington, that: (1) declares the Kronisch Property, located at Military Road and South 248th Street, and identified by King County Tax Parcel Numbers 125320-0015, 125320-0075, and 125320-0070 as surplus to the City's Parks, Recreation, and Community Service Department; (2) authorizes the transfer of that surplus land to the City's water utility; (3) conditions that surplus land transfer upon the water utility's payment of the property's appraised value of $520,000; (4) 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 complete the Kronisch Property's administrative transfer from the City's Parks, Recreation, and Community Services Department to its water utility; (5) provides for the proceeds paid by the water utility to be used to support future park improvements, expansions, or acquisitions on Kent's West Hill; and (6) ratifies all acts, and authorizes the Mayor to take all actions, consistent with the terms of the resolution. RECITALS A. On October 15, 1991, the Kent City Council authorized the purchase of land, currently known as Kronisch Park and located at Military Road and South 248' 24811 38' Avenue South, for $74,500. Kronisch Park is approximately 28,435 square feet in size and commonly known by King County Tax Parcel Numbers 125320-0015, 125320-0075, and 125320-0070. Kronisch Park is currently unimproved and undeveloped open space. B. City staff has been attempting to locate property to house a new water reservoir on the West Hill of Kent to address a water shortage and fire 1 Kronisch Park- Declaration of Surplus And Transfer to Water Utility flow deficiency. A new reservoir will ensure that residents and businesses have adequate water supply during peak demand and will enable future development and redevelopment of the West Hill. Finding a suitable location has been challenging for City staff given the elevation required for the water reservoir and limited space available on the West Hill. Kronisch Park was identified as a viable location because it is currently undeveloped and the Parks Department does not have any development plans for the park in the foreseeable future. C. In exchange for Kronisch Park, the water utility will reimburse the City's Parks, Recreation and Community Services Department ("Parks Department") fair market value, which was determined by an appraisal to be $520,000. D. Pursuant to RCW 35A.11.010, the City is authorized to dispose of real property for the common benefit. While no statutes govern the process through which parks property may be declared surplus and sold, the City has established a local process through Chapter 3.12 of the Kent City Code, which includes a public hearing after 20 days advance notice of that hearing has been posted, mailed, and published inviting all interested members of the public to the public hearing to learn more about the property transaction and to speak in support or opposition to the property's surplus. In accordance with Chapter 3.12 of the Kent City Code, proper notice was given and a public hearing occurred on September 3, 2019. E. The City's State Environmental Policy Act (SEPA) Responsible Official has determined that the transfer of Kronisch Park to the water utility from the parks department does not trigger SEPA review. SEPA review was conducted concerning the added water reservoir use and its walking path will remain as described. F. At the September 3, 2019, public hearing, comments were received in both support and opposition to the transfer of the Kronisch 2 Kronisch Park- Declaration of Surplus And Transfer to Water Utility Property to the City's water utility. If the City elected to proceed with the property transfer, Council was asked by community members to consider allocating the proceeds for future park purposes on Kent's West Hill. Having considered the community's comments, Council supports transferring the Kronisch Property to the water utility for the siting of a new water tower, and specifically reserving the proceeds received in exchange for future use on the West Hill for park purposes, including future park improvements, property acquisitions, or park extensions. G. Having complied with the statutory procedures and provisions to surplus City real property, the Kent City Council has determined that it is appropriate and timely to surplus Kronisch Park and to authorize the Mayor to take all steps and sign all documents necessary to transfer Kronisch Park from the City's Parks Department to the City's water utility, upon the Parks Department's receipt of the property's appraised value of $520,000. Once funds are received from the water utility, they shall be specifically reserved for future use on the West Hill for park purposes. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. - 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 support of the water utility's operation and provision of services to the public. SECTION 3. - Property Deemed Surplus. After the giving of timely notice as required by Chapter 3.12 KCC, a public hearing was held on 3 Kronisch Park-Declaration of Surplus And Transfer to Water Utility September 3, 2019, at a regular meeting of the Kent City Council, to evaluate whether Kronisch Park should be declared surplus and transferred to the City's water utility. Having given due consideration, Council declares Kronisch Park, as legally described and depicted in the attached and incorporated Exhibit A, as surplus and authorizes the Mayor to take all steps necessary, and to sign all documents required, to convert and transfer Kronisch Park from the Parks Department to the water utility. SECTION 4. - Consideration to be Paid. The Council finds and declares that the water utility shall remit to the Parks Department a sum equal to the fair market value of Kronisch Park, which was determined by a qualified appraiser retained by the Parks Department to be $520,000. These proceeds shall be reserved for future use on the West Hill to advance park purposes, including park improvements, park expansion, or park land acquisition. SECTION 5. - 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 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 6. - 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 7. - 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. 4 Kronisch Park-Declaration of Surplus And Transfer to Water Utility SECTION 8. - Effective Date. This resolution shall take effect and be in force immediately upon its passage. �D] November 19, 2019 DANA RALPH, MAYOR Date Approved ATTEST: IU6 � ' November 19, 2019 KIMBERLEY A. MOTO, CITY CLERK Date Adopted APPROVED AS TO O T R '�PAT" FITZPATRI�CK, CITY ATTORNEY '• 1 '47- 5 Kronisch Park- Declaration of Surplus And Transfer to Water Utility EXHIBIT A Lots 3, 14 and 15, Block 1, Burkland's First Addition, according to the plat thereof recorded in Volume 61 of Plats, page 28, records of King County, Washington; Except the North 30.07 feet of said Lot 3. Situate in the County of King, State of Washington. File Number:741895RT BURKLA DS f IST. ADD: j Q' w x j'. W 1 r 6 Kronisch Park-Declaration of Surplus And Transfer to Water Utility