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Home My WebLink About2063 RESOLUTION NO. 2063 A RESOLUTION of the City Council of the City of Kent, Washington, to reallocate land uses between the City's Public Works Department and the Parks, Recreation, and Community Services Department by (1) authorizing the removal of restrictive covenants on a portion of Linda Heights Park; (2) declaring land adjacent to Linda Heights Park surplus to sewer utility needs; (3) and authorizing the Mayor to take all other actions, and sign all necessary documents, deeds, and easements, as may be necessary to fully implement the terms of this resolution and the internal reallocation and transfer of land. RECITALS A. On November 11, 1970, the City of Kent ("City") committed by deed of right portions of the property known as Linda Heights Park to outdoor recreational purposes pursuant to the provisions of the project agreement entered into with the Washington State Recreation and Conservation Office ("RCO") entitled Linda Heights Park, Project Number 70- 050A. B. Both properties subject to this resolution are located at Linda Heights Park, with the locations and areas of each depicted on the attached Exhibit A. As part of the City's Linda Heights Pump Station Project, the City now wishes for RCO to partially release this deed of right to allow for relocation of a pump station (the "Project") to an adjacent portion of Linda 1 Linda Heights Pump Station Project - Resolution Heights Park (the "Project Property"). This pump station currently occupies a similarly sized portion of the overall parcel (the "Pump Station Property") maintained by the Public Works Sewer Utility. C. The Project Property will no longer be used for Parks purposes and will be managed by the Public Works Sewer Utility. Similarly, the Pump Station Property is no longer needed for public utility purposes and will instead be used by the City's Parks Department for park purposes. RCW 43.09.210(3) requires that all property transferred from one department to another must be paid for at its true and full value by the department receiving the property. The respective City departments have agreed upon sufficient consideration reflecting the full and true values of the transferred properties. D. Here, the removal of the deed of right from the City's property restricting the portion of the parcel to outdoor recreational purposes triggers the requirements of RCW 35A.21.410, which requires the City to hold a public hearing on any proposal to remove, vacate, or extinguish a restrictive covenant from the property owned by the City before the action is finalized. E. Additionally, the surplus of public utility property triggers the requirements of RCW 35.94.040, which requires the City to hold a public hearing to determine whether a property is surplus to public utility needs before any transfer is finalized. F. After giving timely notice, the Kent City Council held a public hearing on September 5, 2023, at a regularly scheduled city council meeting and invited comments regarding the City's intention to remove restrictive covenants from the Project Property and to declare the Pump Station Property surplus to public utility needs. G. Staff consulted with the City's State Environmental Policy Act (SEPA) Responsible Official who determined that the City's removal of these covenants and administrative reallocation of property does not trigger SEPA review. 2 Linda Heights Pump Station Project - Reso/ution H. Having complied with the applicable procedural requirements to remove restrictive covenants from public land, the Kent City Council has determined that it is appropriate and timely to remove the restrictive covenant on the Project Property. This resolution authorizes the Mayor to remove all restrictive covenants or impose new restrictive covenants as necessary to allow construction of the Project. I. Having complied with the applicable procedural requirements to declare property surplus to utility needs, Kent City Council has determined that it is appropriate and timely to declare the Pump Station Property surplus to public utility needs. This resolution authorizes the Mayor to take measures necessary to effectuate this administrative reallocation of property. 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 Linda Heights Pump Station Project. SECTION 3. - 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 September 5, 2023, to additionally receive testimony on the subject of removing restrictive covenants. 3 Linda Heights Pump Station Project - Resolution After due consideration, Kent City Council hereby authorizes the Mayor to take all steps and sign all documents necessary to release any restrictive covenants. SECTION 4. - Property Declared Surplus to Public Utility Needs. As required by RCW 35.94.040, a contemporaneous public hearing was held on September 5, 2023, to additionally receive testimony on the subject of declaring public utility property surplus for internal transfer. After due consideration, Kent City Council hereby declares the portion of the property identified as the "Old Parcel" in Exhibit A to be surplus to the Public Works Sewer Utility's needs and authorizes the Mayor to take all steps to reallocate the property from the Public Works Sewer Utility to the Parks Department. SECTION 5. -Consideration to be Paid. The Kent City Council finds and declares that the consideration to be paid to the Parks Department from the Public Works Sewer Utility is $26,800. Once the Project is fully constructed, both the Parks Department and the Public Works Sewer Utility will have been made whole. SECTION 6. - Ratification. Kent 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 imp►ement, 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 4 Linda Heights Pump Station Project - Reso/ution 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. September 5, 2023 DANA RALPH, MA Date Approved ATTEST: ��tW6� - n September 5, 2023 KIMBERLEY W IKOMOTO, CITY ERK Date Adopted AP P O D AS TO FORM: TAM RITE, CITY ATTORNEY EE '• e +r c.?� ° � .iw s�° ➢ Y Linda Heights Pump Station Project - f` Resolution EXHIBIT A Depiction of Project Property and Pump Station Property POT 411 AKFI s . ''A� f'f per --�6a: OLO PAVF EL tit r' L-07 47OT Z PARCEL 4. S 37115'3r a \ / 36,42' J rS r3d"57"4Y-2d.9b' 1 f r"$09-20'p'Q"E N(P'30'St"E 77.9E' 13.5dr ' i r ' C4NAREA,O�1�M 'OT Ad PAR.fF1. Ga.FT 30'39157"IN-57.03' t N0'39157'E-22M-, Poo s N d9 ITU"W•MAW 1 ILIME011MY1f4 t S 248TH ST �SW CORNER TR ACT'A" f--------_—a_.------------- — ,,,.. —— wlr�T�TAra t LA40A HBIOWS THIS M MOr A 9URV6Y IT IS FU MIMED AS A00MIsr-WNCF 70 LOGATE THE I.WO LOC>1*0Iu It*�tie Ua 1"C'M PUMP STATIDN T''VIC.ATC0 HFRFQN WrrH RFfFRFHU TO Vil Of Sf.0 a rC}ms"P 17N, � &RAWN DYt CRT $7RIELTS MD OTHER LM&NO LMILITY ReJeA A Cwm. �•.��e.,.+ EXHIRIT IsA.5BUP�O EY REASON Of REiIANK E CITY OF KENT SCALE ':+ F£REf,YI. IAJ-V f)URVFY 3FCT14N :61ASEAM Conversion Area = Project Property Old Parcel= Pump Station Property STATE OF WASHINGTON, COUNTY OF KING } AFFIDAVIT OF PUBLICATION PUBLIC NOTICE Rudi Alcott, being first duly sworn on oath that he is the Vice President of Advertising for Sound Publishing, which publishes the Kent 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, a: Public Notice #KEN982809 was published on August 25, 2023 The full amount of the fee charged for said foregoing publication is the sum of $149.61 Z-6w - Rudi Alcott Vice President,Advertising Subscribed and sworn to me this 25"' day of August, 2023 . 1, Je ifer Tribbett, otary Public for the State of Washington, Residing in rting, Washington "0001111 off EXP (�'.c\ PUBLIC oz` 9 Classified Proof CITY OF€CENT CITY COUNCIL NOTICE OF PUBLIC MARWG ON A RESOLUTION REMOVING RESTRIC- TIVE COVENANTS AND DECLARING PUBLIC UTILITY PROPERTY SURPLUS TO UTPLTY NEEDS NOTICE IS HEREBY GIVEN. . ac:;o}dance wA R iJtrt ��it 3 �`0. cs cy C-` ci ;. ✓en; FHafi G r� Nci, . Ken',_ Vv'A 93032. Te Wes - Linda He,gri, Pask `or remawn - s m ar. pxii n -;f 6 sn'da H E'iMs Park { u r au- hmme we mr,waW_ �e v - ses. p W a nw pm,Ap- Rn. 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