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HomeMy WebLinkAboutORD 6164CITY OF RENTON, WASHINGTON ORDINANCE NO. 6164 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, PROVIDING FOR THE ACQUISITION OF REAL PROPERTY LOCATED IN RENTON, WASHINGTON, TAX PARCEL NUMBER 172305-9026, INCLUDING THROUGH THE EXERCISE OF EMINENT DOMAIN FOR PUBLIC PURPOSES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Renton (the "City') 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 adopted its Tri-Park Master Plan in 2006, with updates 2011 and 2020, identifying the acquisition of the parcel fully described in Exhibit A attached hereto, and known as King County Tax Parcel No. 172305-9026 ("Real Property"), as being necessary to complete the City's plan to expanding its Cedar River Park (the "Project"); and WHEREAS, the Real Property is vacant and unimproved in its current condition; WHEREAS, SRMRenton, LLC ("Owner"), a Washington limited liability company (UBI 604 050 890) acquired title to the Real Property by statutory warranty deed recorded April 18, 2017 in Official Records under Recording No. 20170418000048; and WHEREAS, the Owner is considering selling or developing the Real Property. WHEREAS, the Real Property is uniquely necessary for the City to acquire prior to significant private investments so the City can preserve its ability to expand the Cedar River Park and/or use it for other public purposes; and 1 ORDINANCE NO. 6164 WHEREAS, the City notified Owner of its intent to acquire the Real Property and to the extent necessary, to exercise its power of eminent domain with respect to the City's desire to acquire the Real Property; and WHEREAS, the City and Owner are negotiating an agreement under the imminent threat of eminent domain (the "Purchase and Sale Agreement") for the purchase and sale of the Real Property to the City, subject to Council Approval; and WHEREAS, it is anticipated that Owner, under the terms of the Purchase and Sale Agreement, will waive its right to require the City to comply with the acquisition procedures under RCW 8.26.180; and WHEREAS, it is anticipated that Owner, under the terms of the Purchase and Sale Agreement, will waive its right to notice of final action under RCW 8.25.290; and WHEREAS, it is anticipated that Owner, under the terms of the Purchase and Sale Agreement, will waive its right to adjudication of the issue of public use and necessity; and WHEREAS, it is anticipated that Owner, under the terms of the Purchase and Sale Agreement, will affirm that no individual or business occupies the Real Property 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. 2 ORDINANCE NO. 6164 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 Real Property legally described in Exhibit A is necessary for the completion of the Project; and iii) the acquisition of the Real Property 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 Real Property, including through the use of eminent domain and initiation of a condemnation action if necessary, 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 Real Property 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 Real Property to carry out the provisions of this Ordinance. SECTION VI. The compensation to be paid to Owner of the Real Property acquired for the Project shall be paid from the City's general funds 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. ORDINANCE NO. 6164 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 21st day of July, 2025. Jason 4(. Seth, APPROVED BY THE MAYOR this 21st day of July, 2025. Approved as to form: Shane Moloney, City Attorney Date of Publication: July 24, 2025 (Summary) ORD-CED:25ORD009:6.24.2025 Clerk ArmonT Pavone, Mayor 4 ORDINANCE NO. 6164 FXHIRIT A Property Legal Description* THOSE PORTIONS OF GOVERNMENT LOTS 4, 6, AND 7, BEING A PORTION OF THE SOUTHWEST QUARTER AND THE SOUTHEAST QUARTER OF SECTION 17, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING ATTHE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER OF SECTION 17; THENCE NORTH 89045'17" WEST, ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 1325.66 FEET TO THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 7; THENCE SOUTH 01008'15" WEST, ALONG THE EAST LINE OF GOVERNMENT LOT 7, A DISTANCE OF 561.54 FEET TO THE SOUTHEAST CORNER OF THAT STRIP OF LAND CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NUMBER 20070716001845, RECORDS OF KING COUNTY, WASHINGTON AND THE POINT OF BEGINNING; THENCE NORTHWESTERLY ALONG THE SOUTHERLY BOUNDARY OF SAID STRIP OF LAND THE FOLLOWING COURSES AND DISTANCES: NORTH 43036'56" WEST A DISTANCE OF 45.84 FEET; THENCE NORTH 45013'07" WEST A DISTANCE OF 162.69 FEET; THENCE NORTH 45001'03" WEST A DISTANCE OF 71.93 FEET; THENCE NORTH 44048'32" WEST A DISTANCE OF 43.14 FEET; THENCE SOUTH 44034'17" WEST A DISTANCE OF 18.55 FEET; THENCE NORTH 45025'13" WEST DISTANCE OF 97.58 FEET; THENCE NORTH 44037'55" EAST DISTANCE OF 20.00 FEET; THENCE NORTH 44056'28" WEST A DISTANCE OF 33.44 FEET; THENCE NORTH 44005'34" WEST A DISTANCE OF 53.75 FEET; THENCE SOUTH 45014'28" WEST A DISTANCE OF 3.00 FEET; THENCE NORTH 44005'34" WEST A DISTANCE OF 10.00 FEET; THENCE NORTH 45014'28" EAST A DISTANCE OF 3.00 FEET; THENCE NORTH 44005'34" WEST DISTANCE OF 58.64 FEET; THENCE NORTH 43003'39" WEST A DISTANCE OF 81.48 FEET; THENCE NORTH 42020'14" WEST A DISTANCE OF 9.80 FEET; THENCE SOUTH 47024'25" WEST A DISTANCE OF 3.04 FEET; THENCE NORTH 42028'13" WEST DISTANCE OF 10.00 FEET; THENCE NORTH 47024'25" EAST A DISTANCE OF 3.02 FEET; THENCE NORTH 42020'15" WEST A DISTANCE OF 30.15 FEET; 5 ORDINANCE NO. 6164 THENCE SOUTH 47056'38" WEST A DISTANCE OF 2.00 FEET; THENCE NORTH 42003'22" WEST A DISTANCE OF 15.04 FEET; THENCE NORTH 47056'38" EAST DISTANCE OF 2.00 FEET; THENCE NORTH 41 °42'44" WEST A DISTANCE OF 52.17 FEET; THENCE NORTH 86011'31" WEST DISTANCE OF 19.84 FEET TO THE SOUTHEASTERLY BOUNDARY OF THAT PARCEL OF LAND CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NUMBER 20060515000366, RECORDS OF KING COUNTY, WASHINGTON; THENCE SOUTHWESTERLY, ALONG THE SOUTHEASTERLY BOUNDARY OF SAID PARCEL AND THE SOUTHEASTERLY BOUNDARY OF THAT PARCEL OF LAND CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NUMBER 20060515000380 RECORDS OF KING COUNTY, WASHINGTON, ALONG THE FOLLOWING COURSES AND DISTANCES: SOUTH 47051'06" WEST A DISTANCE OF 34.62 FEET; THENCE NORTH 42008'54" WEST A DISTANCE OF 10.48 FEET; THENCE SOUTH 47051'06" WEST DISTANCE OF 3.44 FEET; THENCE SOUTHWEST ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 394.50 FEET THROUGH A CENTRAL ANGLE OF 04035'00", A DISTANCE OF 31.56 FEET; THENCE NORTH 37033'54" WEST A DISTANCE OF 4.50 FEET; THENCE SOUTHWEST ALONG THE ARC OF A NON -TANGENT CURVE TO THE RIGHT THE CENTER OF WHICH BEARS NORTH 37033'54" WEST HAVING A RADIUS OF 390.00 FEET THROUGH A CENTRAL ANGLE OF 18008'11 ", A DISTANCE OF 123.45 FEET; THENCE LEAVING SAID SOUTHEASTERLY BOUNDARIES SOUTH 47051'38" WEST DISTANCE OF 31.45 FEET; THENCE SOUTH 88045'08" WEST A DISTANCE OF 251.95 FEET; THENCE SOUTH 39043'43" WEST A DISTANCE OF 73.20 FEET; THENCE NORTH 78045'32" WEST A DISTANCE OF 176.04 FEET; THENCE SOUTH 28017'28" WEST A DISTANCE OF 410.47 FEET, MORE OR LESS, TO THE ORDINARY HIGH WATER LINE OF THE RIGHT BANK OF THE CEDAR RIVER; THENCE EASTERLY, ALONG SAID ORDINARY HIGH WATER LINE, TO A POINT ON THE EAST LINE OF SAID GOVERNMENT LOT 7 WHICH BEARS SOUTH 01008'15" WEST FROM THE POINT OF BEGINNING; THENCE NORTH 01008'15" EAST DISTANCE OF 204.49 FEETTO THE POINT OF BEGINNING. TOGETHER WITH THAT PARCEL OF LAND THE BOUNDARY OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SECTION 17, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., KING COUNTY, WASHINGTON; THENCE NORTH 89045'17" EAST, ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 17, 1325.66 FEETTO THE NORTHEAST CORNER OF GOVERNMENT LOT 7 OF SAID SECTION 17; 0 ORDINANCE NO. 6164 THENCE SOUTH 01008'15" EAST, ALONG THE EAST LINE OF SAID LOT 7, 699.60 FEETTO THE TRUE POINT OF BEGINNING; THENCE SOUTH 86005'30" EAST, 8.05 FEET; THENCE SOUTH 46007'13" EAST, 10.07 FEET; THENCE SOUTH 32015'04" EAST, 9.90 FEET; THENCE SOUTH 23006'52" EAST, 20.37 FEET; THENCE SOUTH 20004'33" EAST, 10.70 FEET; THENCE SOUTH 55058'38" WEST, 9.81 FEET; THENCE SOUTH 60006'50" WEST, 10.27 FEET; THENCE SOUTH 68003'20" WEST, 9.72 FEET; THENCE SOUTH 67057'27" WEST, 8.01 FEET TO SAID EAST LINE OF LOT 7; THENCE NORTH 01008'15" EAST, 61.95 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 1,340 SQUARE FEET OF LAND, MORE OR LESS. EXCEPT THAT PARCEL OF LAND THE BOUNDARY OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SECTION 17, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., KING COUNTY, WASHINGTON THENCE NORTH 89045'17" EAST, ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 17, 1325.66 FEETTO THE NORTHEAST CORNER OF GOVERNMENT LOT 7 OF SAID SECTION 17; THENCE SOUTH 01008'15" EAST, ALONG THE EAST LINE OF SAID LOT 7, 561.54 FEET TO THE TRUE POINT OF BEGINNING; THENCE, CONTINUING ALONG SAID EAST LINE, SOUTH 01008'15" WEST, 138.06 FEET; THENCE NORTH 86005'30" WEST, 3.63 FEET; THENCE NORTH 28028'36" WEST, 31.94 FEET; THENCE NORTH 01047'52" WEST, 32.22 FEET; THENCE NORTH 00040'25" WEST, 56.39 FEET; THENCE NORTH 03009'34" EAST, 24.54 FEET; THENCE NORTH 03048'48" WEST, 21.14 FEETTO THE SOUTH LINE OF THAT STRIP OF LAND CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NUMBER 20070716001845, RECORDS OF KING COUNTY, WASHINGTON; THENCE SOUTH 43036'56" EAST, ALONG SAID SOUTH LINE, 33.81 FEETTO THE TRUE POINT OF BEGINNING. CONTAINING 2,955 SQUARE FEET OF LAND, MORE OF LESS. *This legal description is subject to future corrections at any time before title vests in the City if found to be erroneous or incomplete or if correction is necessary to obtain title insurance for the Real Property. 7