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HomeMy WebLinkAbout2034RESOLUTION NO. 2034 A RESOLUTION of the City Council of the City of Kent, Washington, that (1) declares approximately ,28 acres of land included within the City's Public Works Streets area surplus; (2) authorizes the reallocation of that surplus land to the Public Works Drainage Utility to be used for building the Washington Avenue South Stormwater Pump Station Project; (3) authorizes the Mayor to take all actions necessary to remove any use restrictions from the surplus land; and (4) 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 complete the reallocation of land between the City's Public Works Streets and the Public Works Drainage Utility' RECITALS A. The Washington state Department of Transportation ("WSDOT") conveyed property to the City of Kent on July 11, 1986 via quit claim deed ("Deed"). Included in this conveyance was property adjacent to Washington Avenue ("Property"). WSDOT had acquired fee simple title to this Property through a Judgment and Decree of Appropriation in a condemnation lawsuit in 1968, The Deed then transferred all of WSDOT's rights, title, and interest in the Property to the City. Accordingly, the City is the owner in fee simple of the Property' 1 Washington Avenue PumP Station - Resolution B. The Deed specifies that the Property was transferred for street purposes and that all revenue resulting from any vacation, sale or rental of such streets must be placed in the city street fund and used exclusively for street purposes. Additionally, RCW 43.O9.zt}(3) requires that all property transferred from one department to another must be paid for at its true and full value by the department. The language on the Deed also triggers the requirements of RCW 354.21.4LO, which requires the City to hold a public hearing on any proposal to remove, vacate, or extinguish a restrictive covenant from property owned by the City before the action is finalized. C, The Property is no longer needed for street purposes in its entirety. A portion of the Property is instead needed to build the Washington Avenue South Stormwater Pump Station Project ("Project"). This Project will replace an existing surface water pump station that is currently located on the west side of Washington Avenue. The new pump station will have increased capacity and will be capable of providing surface water control to a larger service area' D. The portion of the Property to be transferred to build the Project is depicted in Exhibit A ("Project Property"). This resolution authorizes the transfer of the Project Property to the Public Works Drainage Utility and the removal of any restrictions, so that it may be used to build the Project. Separately, the portion of this Property still needed for street purposes will be dedicated as right-of-way. The other real property conveyed in the Deed from WSDOT is not included or addressed within this resolution. E. RCW 35A.11.010 authorizes the City to convey or otherwise dispose of real property for the common benefit. 2 Washington Avenue PumP Station - Resolution F. Chapter 3.L2 of the Kent City Code requires that the City hold a public meeting and receive public comment when property is considered for surplus. Additionally, pursuant to RCW 35A.2L.4L0, a code city must hold a public hearing upon a proposal to remove, vacate' or extinguish a restrictive covenant from property owned by the code city before the action is finalized. G, After giving timely notice, the city council held a combined public hearing on March !5, 2022, at a regularly scheduled city council meeting and invited comments regarding the City's intention to surplus the Property for Public Works Streets, reallocate it to the Public Works Drainage Utility, and extinguish the restriction for street purposes on the portion of the Property transferred to build the Project. H, 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 modified the fee title currently held by the City of Kent, does not trigger SEPA review. I. Having complied with the applicable procedural requirements to declare the Property surplus and to remove restrictive covenants from public land, the City Council has determined that it is appropriate and timely to surplus the Property and authorize the reallocation to the Public Works Drainage Utility, where it will not be used for street purposes. This resolution authorizes the Mayor to complete the internal land reallocation, to take all steps and sign all documents necessary to complete the land reallocation, and to remove all restrictive covenants or impose new restrictive covenants as necessary to allow construction of the Project. 3 Washington Avenue PumP Station ' Resolution 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. 9EOTION 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 Washington Avenue South Stormwater Pump Station Project. SECTION 3, Surplus Declaration and Authorization of Land Reallocation. After giving the timely notice as required by KCC 3.12.050, a public hearing was held on March L5,2022, at a regular meeting of the Kent City Council, to evaluate whether the property depicted in the attached and incorporated Exhibit A should be declared as surplus to Public Works Streets, Having given due consideration, the City Council declares as surplus that portion of Public Works Streets depicted in the attached and incorporated as Exhibit A, totaling approximately .28 acres in size ("Public Works Streets Surplus Land"), and authorizes the Mayor to take all steps necessary to administratively reallocate the Public Works Streets Surplus Land from Public Works Streets to Public Works Drainage Utility. The land allocation authorized in this resolution shall be completed at a future date as determined to be appropriate in order to maintain the Project schedule. 4 Washington Avenue PumP Station - Resolution SECTION 4, - Consideration to be Paid. The City Council finds and declares that the consideration to be paid is $341,516. Once the Project is fully constructed, both the Public Works Streets and the Public Works 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 March 15, 2022, to additionally receive testimony on the subject of removing restrictive covenants from the Public Works Streets Surplus Land, which covenants were secured by quit claim deed where the Property was designated for street purposes, After due consideration, the City Council hereby authorizes the Mayor to take all steps and sign all documents necessary to release any restrictive covenant on the Public Works Streets Surplus Land. SECTION 6. - Ratification, The City 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 decision shall not affect the validity of the remaining portion of this resolution and the same shall remain in full force and effect. 5 Washington Avenue PumP Station - Resolution 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 numberingi 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. \March L5,2O22 Date ApprovedDANA RALPH, MAYO ATTEST BERLEY APPROVED , CIry CLERK UR "PAT'PATRICK, March L5,2O22 Date Adopted Washington Avenue PumP Station - Resolution ATTORNEY 6 EXHIBIT A ;"$-I N @ t =J-o FEPi U,JoJ o uJ = o*^"$*" *6o' T.S. RUSSELL RD RD) TANT: THIS IS NOT A SURVEY. IT IS FURNISHED AS A CONVENIENCE TO LOCATE THE LAND TED HEREON WITH Project # '19-3031 REFERENCE TO STREETS AND OTHER LAND. NO LIABILITY IS ASSUMED BY REASON OF RELIANCE HEREON, LOCATED IN THE SW 114 OF SEC 24, TOWNSHIP 22 N, RANGE 4 E, W.M.GWaaxrtotcr CITY OF KENT LAND SURVEY SECTION AREA REALLOCATION DRAWN BY: TLM EXHIBIT ASCALE:1"=50' DATE: 0212312022