Drafter
Clerk 12/02/2004
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AN ORDINANCE authorizing the King County executive to enter into an exchange of one county-owned, undeveloped parcel for one privately owned, undeveloped parcel, and the granting of eight easements by King County associated with those parcels within council district 12.
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STATEMENT OF FACTS:
1. King County owns parcel 252405-9207, described in Attachment A, Exhibit Al, to this ordinance. This parcel is a part of Cougar Mountain Regional Wildland Park. It is separated from the main body of Cougar Mountain Regional Wildland Park as it lies on the east side of 166th Way SE. C&R Investors wishes to purchase this parcel for a water detention facility to serve the development of its new fifty-two-acre subdivision, which will also lie on the east side of 166th Way SE.
2. C&R Investors owns parcel 252405-9178, further described in Attachment A, Exhibit B1, to this ordinance. This parcel is contiguous to Cougar Mountain Regional Wildland Park, lying on the west side of 166th Way SE. King County wishes to purchase the parcel because it is immediately adjacent to the park.
3. Pursuant to K.C.C. 4.56.100, the parcels are of similar value and may therefore be exchanged.
4. Also included in this exchange, and further described in Attachment A to this ordinance, are road and slope easements granted by King County to C&R Investors. These road and slope easements will be used to improve 166th Way SE to serve the proposed fifty-two-acre subdivision. Upon completion, C&R Investors will dedicate all of the permanent easements in this ordinance to public use.
5. Also described in Attachment A to this ordinance in Exhibit A2 is an easement representing a 0.45-acre portion of Cougar Mountain Wildlife Park, parcel 252405-9003. This portion of parcel 252404-9003 lies on the NE side of 166th Way SE and is intended to be included as a part of C&R Investors's water detention facility described in Statement of Facts 1 of this ordinance.
6. The council passed the Cougar Mountain Zoning Amendment to Map #13, in the 2004 King County Comprehensive Plan. This portion of parcel 252405-9003 now falls within the new Urban Growth Line. C&R Investors may then request the city of Bellevue to annex this portion of parcel 252405-9003. Should such an annexation occur, Attachment A to this ordinance, the real estate purchase and sale agreement, provides that the Exhibit A3 quit claim deed may replace the Exhibit A2 easement, with no further compensation. The portion of the 252405-9003 parcel will then be recorded as a separate tax parcel and pass to the ownership of C&R Investors.
7. The appraised value of the county fee and easement properties is $228,887, and the value of the C&R Investors's property is $110,000. The difference in value of $118,887 will be paid to the county by C&R Investors.
8. According to Attachment A to this ordinance, C&R Investors shall reimburse the county for actual and reasonable staff labor fees not to exceed $20,000.
9. In October 2002, the department of natural resources and parks declared parcel 252405-9207, and the described portion of parcel 252405-9003 lying northeast of 166th Way SE, as surplus to its needs.
10. Notices were circulated to other county departments and no interest was expressed in either property.
11. Pursuant to K.C.C. 4.56.100, the facilities management division has therefore determined that both properties are surplus to the county's present and foreseeable needs, and that they do not meet the criteria for affordable housing.
12. The King County council may authorize the exchange of county property for real property of similar value pursuant to K.C.C. 4.56.100.
BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
SECTION 1. The King County council, having determined that the lands described in Attachment A, Exhibits A1 through A8, to this ordinance are surplus to the needs of King County, and having determined that an exchange for real property of similar value is in the best interest of the public, does hereby authorize the King County executive to enter into a purchase and sale agreement with C&R Investors for an exchange as described in Attachment A to this ordinance, and to execute the necessary documents to deliver the King County parcel and easements described in Attachment A, Exhibits A1 through A8 and Exhibits B2 and B3, to this ordinance in exchange for the parcel owned by C&R Investors and cash compensation, described in Attachment A, Exhibit B1, to this ordinance.
SECTION 2. A total of $118,887 in proceeds realized from the property transaction described in Attachment A shall be deposited in a balance sheet account in the open space non-bond fund (Fund 3522) and held in reserve until the prosecuting attorney's office determines legally which county fund or funds should benefit from the proceeds of this transaction.
SECTION 3. Administrative fees to be paid to King County in an amount not to
exceed $20,000 in accordance with article 9 of the real estate purchase and sale agreement shall be deposited in the current expense fund (Fund 0010).