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Home My WebLink AboutORD 6118CITY OF RENTON, WASHINGTON ORDINANCE NO. 6118 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, PROVIDING FOR THE ACQUISITION OF A PERMANENT UTILITY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT LOCATED AT 301 MONROE AVENUE NE, RENTON, WASHINGTON UNDER IMMINENT THREAT OF EMINENT DOMAIN FOR A STORMWATER AND WATER QUALITY TREATMENT PROJECT, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Renton is a non -charter optional municipal code city as provided in title 35A RCW, incorporated under the laws of the State of Washington, and authorized to acquire title to real property for public purposes pursuant to Chapter 8.12 RCW; and WHEREAS, the City of Renton plans to construct and operate certain stormwater, water treatment and drainage facilities in Renton, Washington (the "Project"); and WHEREAS, the City determined that the acquisition of certain property rights over the parcel, fully described in Exhibit A attached hereto, and known as King County Tax Parcel No. 162305-9059 ("Parcel"), is necessary to complete the Project; and WHEREAS, the City determined that those property rights necessary to complete the Project include that certain Utility Easement and Temporary Construction Easement fully described in Exhibit B attached hereto (collectively, the "Easements"); and WHEREAS, the City appraised the fair market value of the Easements; and WHEREAS, Segale Properties LLC ("Owner"), a Washington limited liability company (UBI 602 023 533), is the successor by name change to La Pianta Enterprises LLC (UBI 602 023 533), which is the successor by merger to La Pianta Limited Partnership, which partnership acquired title to the Parcel by statutory warranty deed recorded February 29, 1996 in Official Records ORDINANCE NO. 6118 under Recording No. 9602291883 and re -recorded under King County Recording No. 20021028002596;and WHEREAS, the City notified Owner of its intent to exercise its power of eminent domain with respect to the Easements; and WHEREAS, the City and Owner have reached an agreement under the imminent threat of eminent domain (the "Purchase and Sale Agreement") for the sale of the Easements to the City, subject to Council Approval; and WHEREAS, Owner, under the terms of the Purchase and Sale Agreement, waived its right to require the City to comply with the acquisition procedures under RCW 8.26.180; and WHEREAS, Owner, under the terms of the Purchase and Sale Agreement, waived its right to notice of final action under RCW 8.25.290; and WHEREAS, Owner, under the terms of the Purchase and Sale Agreement, waived its right to adjudication of the issue of public use and necessity; and WHEREAS, Owner, under the terms of the Purchase and Sale Agreement, affirmed that no individual or business occupies the Parcel being acquired and therefore no individual or business will be displaced by the City's Project (as defined by Chapter 8.26 RCW); NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON DO ORDAIN AS FOLLOWS: SECTION I. The recitals set forth above are hereby adopted and incorporated herein as if set forth in full. SECTION II. The City Council of the City of Renton finds and declares that: i) the Project is a public use; ii) the acquisition of the Easements described in Exhibit B over the Parcel legally 2 ORDINANCE NO. 6118 described in Exhibit A is necessary for the completion of the Project; and iii) the acquisition of the Parcel and the construction of the Project are in the best interests of the citizens residing within the City of Renton. SECTION III. The City Council authorizes the acquisition of the Easements under imminent threat of eminent domain and initiation of a condemnation action if necessary, for the Project, subject to the making or paying of just compensation to the owners thereof in the manner provided by law. SECTION IV. Nothing in this Ordinance limits the City in its identification and acquisition of property and property rights necessary for the Project. The City reserves the right to acquire additional or different properties or property rights as needed for the Project. SECTION V. The Mayor, by and through the Mayor's designees, is authorized and directed to complete the purchase of the Easements under imminent threat of eminent domain, and, if needed, to prosecute actions and proceedings in the manner provided by law to condemn, take, damage and appropriate the Easements to carry out the provisions of this Ordinance. SECTION VI. The compensation to be paid to Owner of the Parcel acquired for the Project shall be paid from the City's Surface Water Utility Enterprise Fund or from such other monies that the City may have available or attain for the acquisition. SECTION VII. If any section, subsection, sentence, clause, phrase or word of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase or word of this Ordinance. 3 ORDINANCE NO. 6118 SECTION VIII. This ordinance shall be in full force and effect five (5) days after publication of a summary of this ordinance in the City's official newspaper. The summary shall consist of this ordinance's title. PASSED BY THE CITY COUNCIL the 25th day of September, 2023. APPROVED BY THE MAYOR this 25th day of September, 2023. Approved as to form: Shane Moloney, City Attorney Date of Publication: 9/28/2023 Summary ORD-PW:2277:08/25/23 4 - --nk - , Ar n\d avone, Mayor ORDINANCE NO. 6118 EXHIBIT A Property Legal Description THE EAST % OF THE NORTHEAST % OF THE NORTHWEST % OF SECTION 16, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., EXCEPT THE NORTH 330 FEET THEREOF; AND EXCEPT THE EAST 30 FEET CONVEYED TO THE CITY OF RENTON FOR RIGHT-OF-WAY BY DEED RECORDED UNDER RECORDING NO. 7809071074; AND EXCEPT ALL COAL AND MINERALS AND THE RIGHT TO EXPLORE FOR AND MINE THE SAME AS RESERVED BY DEED RECORDED UNDER RECORDING NO. 3875580; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON ORDINANCE NO. 6118 EXHIBIT B LEGAL DESCRIPTION OF EASEMENTS Temporary Construction Easement THAT PORTION OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 23 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN, CITY OF RENTON, KING COUNTY, WASHINGTON. EXCEPT THE NORTH 330 FEET THEREOF. ALSO, EXCEPT THE EAST 30 FEET CONVEYED TO THE CITY OF RENTON FOR ROAD RIGHT OF WAY BY DEED RECORDED UNDER KING COUNTY RECORDING NO, 3875580; ALSO, EXCEPT THE FOLLOWING DESCRIBED PARCEL: BEGINNING AT THE NORTHEAST CORNER OF THE ABOVE DESCRIBED PARCEL; THENCE SOUTH 01`04'17"WEST ALONG THE EAST LINE OF THE ABOVE DESCRIBED PARCEL A DISTANCE OF 50.00 FEET; THENCE LEAVING SAID EAST LINE, NORTH 890 13'02"WEST 200.45 FEET; THENCE SOUTH 340 06'55"WEST 351.62 FEET; THENCE NORTH 880 5633"WEST 241.13 FEET. MORE OR LESS, TO THE WEST LINE OF THE ABOVE DESCRIBED PARCEL; THENCE NORTH 010 0431"EAST ALONG SAID WEST LINE 342.62 FEET, MORE OR LESS, TO THE NORTHWEST CORNER OF THE ABOVE DESCRIBED PARCEL; THENCE SOUTH 890 13'02"EAST ALONG1 THE NORTH LINE OF SAID PARCEL 633.29 FEET TO THE POINT OF BEGINNING. B A 10JA Is 07/25/23 ORDINANCE NO. 6118 Permanent Utilities Easement THAT PORTION OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 23 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN, CITY OF RENTON, KING COUNTY, WASHINGTON, EXCEPT THE NORTH 330 FEET THEREOF. ALSO, EXCEPT THE EAST 30 FEET CONVEYED TO THE CITY OF RENTON FOR ROAD RIGHT OF WAY BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 3875580-1 SAID PORTION BE'NG DESCRIBED AS ZOLLOWS: FIFGINNING AT THE NORTHEAST CORNER OF THE ABOVE DESCRIBED PARCEL; THENCE SOUTH 010 04'17"WEST ALONG THE EAST LINE OF THE ABOVE DESCRIBED PARCEL A DISTANCE OF 50.00 FEET; THENCE LEAVING SAID EAST ONE. NORTH 890 13'02*'NEST 200.45 FEET: THENCE SOUTH 34" 06'55"WEST 351-62 FEET, T1 JENCE NORTH 86 56'33"WEST 241,13 FEET, YORE OR LESS, TO THE WEST LINE OF THE ABOVE DESCRIBED PARCEL: THENCE NORTH H 010 04'31"EAST ALONG SAID WEST LINE 342.62 FEET, MORE OR LESS, TO THE NORTHWEST CORNER OF THE ABOVE DESCRIBED PARCEL; THENCE SOUTH 89D 13'02"EAST ALONG THE NORTH LINE OF SAID PARCEL 633.29 FEET TO THE POINT OF BEGINNING. VAS 07/25/23 7