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HomeMy WebLinkAbout2035RESOLUTION NO. 2035 A RESOLUTION of the City Council of the City of Kent, Washington, that: (1) authorizes the clearing of title encumbrances that conflict with the salmon recovery goals of the Downey Farmstead Side Channel Salmon Habitat Restoration Project by accepting the relinquishment of three easements granted to King County; (2) authorizes the removal of the restrictive covenants on the City's property; and (3) authorizes the Mayor to sign all documents related to the extinguishments of the easements and removal of the restrictive covenants, RECITALS A. The Downey Farmstead Side Channel Salmon Habitat Restoration project ("Project") is a salmon habitat and flood reduction project that will create more than 1,800 linear feet of side channel habitat and provide key floodplain habitat and storage along the Green River' B. The City of Kent entered into a grant agreement with the Washington State Recreation and Conservation Office for the Salmon Recovery and Funding Board grant on September 16, 2O2O. This agreement requires any encumbrances that conflict with the salmon recovery goals of the Project to be removed, C. There are three encumbrances that have been identified as conflicting with the salmon recovery goals of the Project, and the City has been Downey Farmstead Proiect - Resolution 1 working to clear these encumbrances. They are described as river protection easements and are as follows: (1) easement on Parcel No. 232204-9028, King County Recording No. 20090528OOL279; (2) easement on Parcel No. 2322O4- go2g, King County Recording No. 59L35L7; and (3) easement on Parcel No, 232204-9049, King County Recording No, 5919845. D. King County, as the beneficiaries of these easements, has agreed to relinquish all of its rights, title, and interest in these easements. This resolution gives the Mayor the authority to accept this relinquishment. E. Pursuant to RCW 35A.21.410, any 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. One of these easements contains such a restrictive covenant. Specifically, the River Protection Easement, Recording No. 2009052800L279 on Parcel No. 232204-9028 contains some restrictions regarding vegetation and other work the City may complete within this easement. Because this restrictive language triggers the requirements of RCW 35A.21 .4!O, the City must hold a public hearing before removing this restrictive covenant through the extinguishment of this easement. F. Although the other two easements with recording numbers 59L35L7 and 5919845 are also called "River Protection Easements," they do not contain restrictive language triggering the requirements of RCW 35A.2L.4L0. They instead simply grant rights of access to enter and construct and maintain flood control works. G. The City gave the public notice as required in RCW 35A,21.410 and the City Council held a public hearing on March 15,2022, at a regularly scheduled city council meeting, and invited comments regarding the City's intention to extinguish the restrictive covenants on Parcel No. 232204-9028. Downey Farmstead Proiect - Resolution 2 NOW THEREFORE, THE CIry 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, - Acceptance of Relinquishment Authorized. The Council hereby authorizes the Mayor to take all steps and sign all documents necessary to accept the relinquishment of the following easements on city-owned property: (1) River Protection Easement on Parcel No.232204-9028, King County Recording No. 20090528001279; (2) River Protection Easement on Parcel No. 232204-9029, King County Recording No. 59135t7; and (3) River Protection Easement on Parcel No. 232204-9049, King County Recording No. 5919845. SECTION 3. - Removal of Restrictive Covenants Authorized. After the giving of timely notice as required by RCW 35A.2L.4L0, a contemporaneous public hearing was held on March L5,2022, to receive testimony on the subject of removing restrictive covenants from the City's Parcel No.232204-9028. After due consideration, Council hereby authorizes the Mayor to take all steps and sign all documents necessary to release any restrictive covenants on Parcel No, 232204-9028. SECTION 4, - 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 documents required to implement, fulfill, and otherwise carry out the terms and intent of Downey Farmstead Proiect - Resolution 3 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 5, - 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 6. - 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 7. - Effective Date. This resolution shall take effect and be in force immediately upon its passage. DANA RALPH, l\arch L5,2022 Date Approved ATTEST: March 15.2022 KIMBERLEY A OTO, CITY CLERK Date Ado APP D AS TO FORM: CK, CIry ATTORNEY Downey Farmstead Proiect - Resolution R 4