HomeMy WebLinkAbout2004 RESOLUTION NO. 2004
A RESOLUTION of the City Council of the city
of Kent, Washington, that: (1) declares
approximately 7.21 acres of land included within the
City's Green River Natural Resources Area surplus to
the City's drainage utility; (2) authorizes the
reallocation of that surplus land from the drainage
utility to the City's Parks Department to be used for
a relocated and reconstructed Van Doren's Landing
Park; (3) conditions the reallocation of the drainage
utility surplus land upon the similar surplus and
reallocation of the existing Van Doren's Landing
Park, approximately 10.22 acres in size, to the City's
drainage utility to be used for construction of flood
protection amenities, a back channel, and habitat
restoration in support of the Lower Russell Levee
Improvement Project; (4) further conditions the
reallocation of the surplus park land upon the City's
future receipt of additional land, approximately 3.59
acres in size, from King County, which is necessary
to relocate and reconstruct Van Doren's Landing
Park; (5) authorizes the Mayor to take all actions
necessary to remove any use restrictions from the
surplus lands, whose removal is required to allow the
Project to be constructed as designed, subject to the
approval of the agency imposing the use
restrictions; and (6) authorizes the Mayor to take all
other actions, and sign all documents, deeds,
easements, and agreements as may be necessary to
fully implement the terms of this resolution and the
reallocation of land between the City's drainage
utility and the City's Parks Department.
RECITALS
A. The City and the King County Flood Control District ("Flood
District") have been cooperatively working together to improve the levee
1
Lwr Russell Rd Levee Improvement Project
Surplus and Administrative Reallocation
of GRNRA Land and Park Land
system along the Green River that runs through Kent. The Lower Russell Road
Levee Improvement Project ('Project") is located on the right bank of the
Green River between S. 212th Street and Veteran's Way.
B. The Project documents provide for the City's existing Van Doren's
Landing Park to be relocated to accommodate the Project. To allow for
relocation and reconstruction of Van Doren's Landing Park, City staff proposed
an administrative land reallocation between the drainage utility and the Parks
Department, whereby existing park land could be utilized for construction of
flood protection amenities, a back channel, and habitat restoration area to
support the Project, and drainage utility land could be utilized to house the
relocated Van Doren's Landing Park constructed by the Flood District as part
of the Project. After the land reallocation is complete and the Project is fully
constructed, both the Parks Department and the drainage utility will realize a
net increase in overall land square footage—the Parks Department by a land
increase of 0.58 acres, and the drainage utility by a land increase of 3.01 acres.
C. The quality of land being reallocated between the Parks
Department and the drainage utility is comparable, and through this resolution
and future property transfers to be received from the Flood District under the
terms of the parties' July 26, 2019, Interlocal Agreement for Acquisition,
Conveyance of Easements, Design, Permitting, Construction, Operation, and
Maintenance ("Construction ILA"), both the Parks Department and the
drainage utility are receiving land greater in square footage than is being
reallocated to the other.
D. Although the actual square footage being reallocated between the
Parks Department and the drainage utility is different-10.22 acres of park
land being reallocated to the drainage utility in exchange for 7.21 acres of
drainage utility land being reallocated to the Parks Department—the Parks
Department will receive additional consideration, including: (i) the future
receipt of an additional 3.59 acres of land King County will transfer prior to
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Lwr Russell Rd Levee Improvement Project
Surplus and Administrative Reallocation
of GRNRA Land and Park Land
completion of the Project to be added to the GRNRA surplus land to house the
relocated Van Doren's Landing Park; (ii) a reconstructed Van Doren's Landing
Park with new recreational amenities that include a Mount Rainier-themed play
structure, a Wiffle ball field, and a pickle ball court; (iii) a new and wider boat
launch to be built on drainage utility land; (iv) the retention of recreational
access on the surplus park land, including the construction of a new
observation tower and new nature trails; (v) a new separated Green River Trail
that will increase public safety and the trail's recreational quality; and (vi) the
continued preservation of open space.
E. Both the surplus park land and the surplus GRNRA land are
encumbered by restrictions imposed by grant funds the City previously
received to assist with the properties' original acquisition. The current Van
Doren's Landing Park was acquired using King County forward thrust funds,
which imposed use restrictions in exchange for that funding. The City believes
these use restrictions are consistent with the use to which the current Van
Doren's Landing Park land will be put after the Project is fully constructed, but
formal agreement will be needed from King County.
F. The GRNRA surplus land also has use restrictions imposed due to
it being acquired with grant funds through King County's 1993 Regional
Conservation futures Acquisition Program and King County's Department of
Metropolitan Services Regional Shoreline Fund. These restrictions provide that
the entire GRNRA, including the surplus GRNRA land reallocated here, be
preserved for shoreline public use and recreation purposes, habitat
conservation, and uses consistent therewith, unless King County as the
granting agency consents to a change in use. For most of the surplus GRNRA
land, King County has preliminarily consented to a change in use or otherwise
determined that the current and post-construction uses are consistent.
However, King County has preliminarily advised the City that there are some
active recreational elements that will be constructed on the surplus GRNRA
land that do trigger conversion and the City's responsibility under the grant
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Lwr Russell Rd Levee improvement Project
Surplus and Administrative Reallocation
of GRNRA Land and Park Land
agreements to provide replacement land. Preliminarily, the active recreation
areas that trigger the City's conversion and replacement responsibilities
appear to involve land that is approximately 10,000 square feet in size.
Through general discussions with King County, it appears this requirement to
provide replacement land may be able to be satisfied by restricting a portion
of the future 3.59 acres of land the City will receive from King County under
the Construction ILA.
G. There are other use restrictions imposed by the state through a
Governor's Deed and grant agreements signed with the Recreation and
Conservation Office that relate to the original acquisition and development of
Van Doren's Landing Park. However, in both instances, the state either advised
the City in writing that the Project in its after condition is either consistent with
those use restrictions, or where it is not, the change in use was authorized
without triggering any need to provide replacement land.
H. Both the City's drainage utility and its Parks Department will be
made whole through this reallocation of City land and the subsequent transfer
of land from King County under the Construction ILA. The drainage utility will
surplus for reallocation 7.21 acres of land to the Parks Department, but the
drainage utility will be reallocated 10.22 acres of land in return—a net increase
in land by 3.01 acres. While the land reallocation authorized through this
resolution will initially result in the Parks Department receiving only 7.21 acres
of land from the drainage utility in exchange for 10.22 acres of surplus park
land, the Construction ILA provides for the Parks Department to receive an
additional 3.59 acres of land from King County, which is necessary for the
relocation and reconstruction of Van Doren's Landing Park—a net increase in
land by 0.58 acres. In both instances, once the Project is fully complete, both
the drainage utility and the Parks Department will realize net increases in their
overall land square footage.
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Lwr Russell Rd Levee Improvement Project
Surplus and Administrative Reallocation
of GRNRA Land and Park Land
I. RCW 35A.11.010 authorizes the City to dispose of real property
for the common benefit. When land was originally acquired for public utility
purposes, and before that land can be leased, sold, or conveyed, RCW
35.94.040 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. While the statute is silent concerning any process that is required
for an internal reallocation of land, staff provided notice consistent with RCW
35.94.040. Notice was also given consistent with the City's local surplus
provisions, found in Chapter 3.12 of the Kent City Code. Finally, because both
the surplus drainage utility land and the surplus park land are encumbered by
restrictive covenants that limit their use, RCW 35A.21.410 also requires a
public hearing before those covenants may be removed, vacated, or
extinguished. The City combined these various public hearing requirements
and set them to occur together at one public hearing before the full Council on
December 10, 2019. Notice was posted, mailed, and a press release issued
consistent with state and local law inviting all interested members of the public
to the public hearing to learn more about the land reallocation and to speak in
support or opposition of the surplus determinations and the removal of
restrictive covenants.
J. Staff consulted with the City's State Environmental Policy Act
(SEPA) Responsible Official who determined that the City's administrative
reallocation of land, which involves no property conveyance or otherwise
modifies the fee title currently held by the City of Kent, does not trigger SEPA
review. As additional information, SEPA review has already been conducted by
King County as the SEPA lead agency on the Project, who evaluated the
displacement, relocation, and enhancement of Van Doren's Landing Park and
issued a Determination of Non-Significant (' DNS") on October 25, 2017. The
City's SEPA Responsible Official reviewed that DNS and opined that it was
adequately analyzed by King County under its SEPA analysis.
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Lwr Russell Rd Levee Improvement Project
Surplus and Administrative Reallocation
of GRNRA Land and Park Land
K. Having complied with state and local procedural requirements to
surplus City utility and park land, and remove restrictive covenants from public
land, the Kent City Council has determined that it is appropriate and timely to
surplus 7.21 acres of drainage utility land included within the City's GRNRA,
and 10.22 acres of park land currently utilized in support of Van Doren's
Landing Park, and authorize the reallocation of one for the other, conditioned
upon the City's additional receipt of 3.59 acres of land from King County to
support the relocation and reconstruction of Van Doren's Landing Park. This
resolution authorizes the Mayor to complete the internal land reallocation as
the Construction ILA or Project schedule may require, to take all steps and sign
all deeds, easements, and other documents necessary to complete the land
reallocation, to remove all restrictive covenants or impose new restrictive
covenants on replacement land as necessary to allow construction of the
Project, and to take all other action necessary to implement the terms and
conditions of the Construction ILA.
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 reallocation of land provided for by this resolution
in support of the Lower Russell Road Levee Improvement Project.
SECTION 3. - Surplus Declaration and Authorization of Land
Reallocation. After the giving of timely notice as required by RCW 35.94.040
and KCC 3.12.050, a public hearing was held on December 10, 2019, at a
regular meeting of the Kent City Council, to evaluate whether a portion of the
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Lwr Russell Rd Levee Improvement Project
Surplus and Administrative Reallocation
of GRNRA Land and Park Land
drainage utility's GRNRA, and the Parks Department's Van Doren's Landing
Park, should each be declared surplus and reallocated to the other in support
of the Lower Russell Road Levee Improvement Project. Having given due
consideration, Council declares as surplus that portion of the GRNRA depicted
in the attached and incorporated Exhibit A, which encompasses all or part of
King County Tax Parcel Numbers 102204-9017, 112204-9017, 112204-9064,
102204-9191. 102204-9153, 102204-9024, 000620-0011, and 000620-0017,
totaling approximately 7.21 acres in size ("GRNRA Surplus Land"), and
authorizes the Mayor to take all steps necessary to administratively reallocate
the GRNRA Surplus Land from the drainage utility to the Parks Department.
Council further declares as surplus Van Doren's Landing Park, also as depicted
in the attached and incorporated Exhibit A, which encompasses all or part of
King County Tax Parcel Numbers 102204-9176, 102204-9196, 102204-9217,
and 112204-9014, totaling approximately 10.22 acres in size ("Park Surplus
Land"), and authorizes the Mayor to take all steps, and to sign all documents,
necessary to administratively reallocate the Park Surplus Land from the Parks
Department to the drainage utility.
The land reallocation authorized in this resolution shall be completed at
a future date determined by the Mayor to be appropriate in order to comply
with the Construction ILA or to otherwise maintain the Project schedule.
SECTION 4. - Consideration to be Paid. The Council finds and declares
that the land the drainage utility and the Parks Department each receive
through this administrative reallocation, together with other consideration
provided for in the Construction ILA, provides sufficient consideration at least
equal to or greater than the fair market value of the land determined to be
surplus. Once the Project is fully constructed, both the Parks Department and
the City's drainage utility will have been made whole.
SECTION 5. - Removal of Restrictive Covenants Authorized. After the
giving of timely notice as required by RCW 35A.21.410, a contemporaneous
public hearing was held on December 10, 2019, to additionally receive
7
Lwr Russell Rd Levee Improvement Project
Surplus and Administrative Reallocation
of GRNRA Land and Park Land
testimony on the subject of removing restrictive covenants from both the
GRNRA Surplus Land, which covenants were secured by grant agreements
where the City promised to preserve the land for shoreline public use and
recreation purposes, habitat conservation, and uses consistent therewith; and
from the Park Surplus Land, which covenants preserve the land under King
County's forward thrust grant program for park, recreation, and natural
resource purposes.
After due consideration, Council hereby authorizes the Mayor to take all
steps and sign all documents necessary to obtain King County or any other
agency's consent as necessary to authorize a change in use or to otherwise
release any restrictive covenant on the GRNRA Surplus Land and the Park
Surplus Land to allow the Project to be constructed consistent with the
Construction ILA. It is presently anticipated that conversion and replacement
land obligations may exist with respect to approximately 10,000 square feet of
the GRNRA Surplus Land, which will contain active recreation uses that conflict
with existing restrictive covenants once the Project is fully constructed. The
Mayor is expressly authorized to sign any document that places a substitute
restrictive covenant on future land transferred to the City, once fee title is held
by the City, or on any other City land the City and King County mutually agree
is suitable.
SECTION 6. - Ratification. Council ratifies all acts consistent with the
authority of this resolution and prior to the passage of this resolution, and
authorizes the Mayor to take all acts necessary, and to sign all deeds,
easements, and other documents required, to implement, fulfill, and otherwise
carry out the terms and intent of this resolution, subject to final document
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
s
Lwr Russell Rd Levee Improvement Project
Surplus and Administrative Reallocation
of GRNRA Land and Park Land
decision shall not affect the validity of the remaining portion of this resolution
and the same shall remain in full force and effect.
SECTIONS. - 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.
December 10, 2019
DANA RALPH, MAYOR V Date Approved
Z
:
L 0 - &�k December 10, 2019
KIMBERLEY . KOMOTO, CITY K Date Adopted
APPROVED AS
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9
Lwr Russell Rd Levee Improvement Project
Surplus and Administrative Reallocation
of GRNRA Land and Park Land
STATE OF WASHINGTON, COUNTY OF KING }
AFFIDAVIT OF PUBLICATION
PUBLIC NOTICE
Polly Shepherd, being first duly sworn on oath that she is the Publisher of the
Kent - Covington Reporter
a weekly newspaper, which newspaper is a legal newspaper of general
circulation and is now and has been for more than six months prior to the date
of publication hereinafter referred to, published in the English language
continuously as a weekly newspaper in King County, Washington. The
Kent- Covington Reporter has been approved as a Legal Newspaper by order of
the Superior Court of the State of Washington for King County.
The notice in the exact form annexed was published in regular issues of
the Kent- Covington Reporter(and not in supplement form) which was regularly
distributed to its subscribers during the below stated period. The annexed
notice (881045), a:
Public Notice
was published on November 15`h, 2019.
Thl-a ours of the fee charged for said foregoing publication is the sum of$375.04.
� :'MM.Et' '••.2
Polly Shepherd, Publisher, Kent - Covington Reporter .0 .
A.
CO 'V %rAf? e
Subscri e d sworn to me this 15`h day of November, 2019. z ���� �80C
OD
�i tic'••........•• C7 �
.,'�'''�,yA S;,�
Gale win,Notary Public for the State of Washington, Residing in Covington,WA
Classified Proof
CITY OF KENT
NOTICE OF
PUBLIC HEARING
KENT CITY COUNCIL
MEETING
December 10,2019
POTENTIAL SURPLUS
AND EXCHANGE OF
PROPERTY FROM
THE GREEN RIVER
NATURAL RESOURC-
ES AREA("GRNRA"),
FOR THE SURPLUS
AND EXCHANGE OF
VAN DOREN'S LAND-
ING PARK,TO COW
STRUCT LEVEE IM-
PROVEMENTS ALONG
THE GREEN RIVER
AND A REPLACEMENT
VAN DOREN'S
LANDING PARK
NOTICE IS HEREBY
GIVEN that, in accor-
dance with RCW
35.94.040 and RCW
35A.21.410, the Kent
City Council is consider-
ing whether to surplus
and exchange a portion
of the Green River Natu-
ral Resources Area
Property, owned by the
City's drainage utility,lo-
cated at 22209 Russell
Road South, Kent, WA
and commonly known by
Tax Parcel Numbers:
102204-9017, 112204-
9017, 112204-9064,
102204-9191, 102204-
9153, 102204-9024,
0D0620-0011, 000620-
0017 and approximately
8.07 acres in size (the
"GRNRA Property"), for
the surplus and ex-
change of the Van
Doren's Landing park
Property and other prop-
erties, owned by the
City's parks department,
located at 21900 Russell
Road and commonly
known by Tax Parcel
Numbers: 102204-9176,
102204-9196, 102204-
Classified Proof
9217, 112204-9014 and
approximately 10.28
acres in size (Van
Doren's Landing Park
Property"), to construct
Phase 2 of the Lower
Russell Road Levee Im-
provement Project
("Phase 2 Project"),
which includes con-
structing a new Van
Doren's Landing Park on
the GRNRA Property.
The Kent City Council
will also consider wheth-
er to remove any cove-
nants that restrict or in-
hibit the GRNRA
Property's use for the fu-
ture intended park and
recreation purposes.
Surplus. The City is
considering whether to
surplus the GRNRA
Property and transfer it
to the parks department
in exchange for the
parks department's sur-
plus of the Van Doren's
Landing Park Property
and its transfer to the
storm drainage utility. In
addition, King County
acquired the Noble
Warehouse property,
commonly known as
22230 Russell Road
South, Kent, WA, which
is approximately 3.59
acres in size, and the
Noble Warehouse prop-
erty will be transferred to
the City for use along
with the GRNRA Proper-
ty for a relocated and re-
constructed Van Doren's
Landing Park once an
existing tenancy ends
and all structures and
other items can be re-
moved and cleared from
the Noble Warehouse
property.
If approved,the mutual
surplus and exchange of
property between the
storm drainage utility
and the parks depart-
ment, in addition to the
future acquisition by the
parks department of the
Noble Warehouse prop-
erty from King County,
will result in a net in-
crease in park property
by about 1.36 acres and
a net increase in storm
drainage utility land by
about 2.21 acres.
Removal of Restrictive
Covenants. In addition
to the mutual surplus
and exchange of proper-
ty, the transfer will re-
quire the removal of
open space restrictions
for that portion of the
GRNRA Property that
will be used for active
recreation purposes,
approximately 7,404
square feet in size,once
the new Van Doren's
Landing Park is built,
and which restrictions
were placed on the
GRNRA Property due to
it being acquired with
both Forward Thrust
funds, and grant funds
through King County's
1993 Regional Conser-
vation Futures Acquisi-
Classified Proof
uon t'rogram ana King
County'. Department of
Metropolitan Services
Regional Shoreline
Fund. If the mutual sur-
plus and property ex-
change is approved,the
City will negotiate with
King County to convert,
purchase, or develop
such replacement prop-
erty as is necessary for
the project to proceed,
and which the City will
maintain as open space
or such other compatible
use in accordance with
King County require-
ments.The City current-
ly anticipates that a por-
tion of the Noble
Warehouse property to
be acquired from King
County will satisfy all
conversion requirements
King County may im-
pose.
All interested members
of the public are invited
to obtain more informa-
tion about the proposal,
and to speak in support
or opposition of the
Property surplus and re-
moval of restrictive cove-
nants, at a PUBLIC
HEARING to be held be-
fore the Kent City
Council at its regularly
scheduled meeting on
Tuesday, December
10, 2019, beginning at
7:00 p.m., or as soon
thereafter as business
permits, In the Kent
City Council Cham-
bers, 220 Fourth Ave-
nue South, Kent, WA
98032.
Members of the public
may also submit written
comments at the Public
Hearing itself, or in ad-
vance by regular U.S.
Mail to the City Clerk's
Office, 220 Fourth Ave-
nue South, Kent, WA
98032, or by electronic
if to citvclerkCcOent-
waTOov. Any written
comments sent in ad-
vance must be received
no later than 4 p.m. on
December 10, 2019, in
order to be considered.
The public notice can
be found at the City of
Kent's Website:
KentWA.gov.
Any person requiring a
disability accommoda-
tion should contact the
City Clerk's Office at
253-866-5725 in ad-
vance. For TDD relay
service call Washing-
ton Telecommunica-
tions Relay Service at
7-1-1.
Published in the Kent-
Covington Reporter
November 15, 2019.
#881045