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AN ORDINANCE authorizing the condemnation of certain property for the extension of the Soos Creek Regional Trail, Phases 4 and 5, Capital Improvement Project Number 316606 (606C01).
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PREAMBLE:
King County is the provider of one of the largest non-motorized trail systems in the country. This system links urban areas with rural valleys and mountains, connects parks, communities and similar trails in adjacent counties and provides recreational and commuting opportunities to the public. The eleven mile Soos Creek Regional Trail is a major element of this system, and completion of the 4 miles of trail will provide the final link to the Cedar River Regional Trail.
STATEMENT OF FACTS:
1. The King County council, by Ordinance 15975, adopted the annual budget and program on November 19, 2007, and provided for the parks capital improvement program in 2008.
2. The capital budget and program provided for funding design, construction permits and completion of purchase of property for approximately 4 miles of trail corridor for the Soos Creek Regional Trail from 192nd Ave SE to the Cedar River Trail.
3. In order to acquire the property and property rights required for completion of the northern section of the Soos Creek Regional Trail, Phases 4 and 5, it is necessary for King County to condemn land and rights in property for public trail purposes of 14,844 square feet of easement on the common area tract identified as Parcel Number 147306TRACT, as more particularly set forth in Attachments A and B.
4. Parcel number 147306TRACT is owned as common area (Tract C) by twelve property owners, each with an undivided 1/12th interest. King County has obtained signatures approving county acquisition of a trail easement on the common property from the property owners of eleven of the twelve properties that share interest in the common area (22 out of 24 owners). The twelfth property, (Lot 3, Cedarwood Division VI) is the subject of this condemnation proceeding and involves the homeowner of record, Donald N. Morehead and Lisa Riddall Morehead, husband and wife ("homeowners") and Bank of America Corporation ("Lender"). The homeowners of record vacated the home approximately one year ago, and efforts to locate them have not been successful. Foreclosure proceedings have been commenced by the lender but have not yet been completed.
5. Acquisition of this property is necessary to secure the complete trail alignment. Other alternatives were evaluated, but not considered suitable due to extremely steep slopes and highly erodible soils. The preferred alignment is the most feasible, economical and has the least environmental impacts.
BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
SECTION 1. The King County council has deemed it necessary and in the best interest of the citizens of King County that the land described in Attachments A and B to this ordinance be condemned, appropriated, taken, and damaged for the purposes of the above-described extension of the Soos Creek Regional Trail, CIP number 316606, subject to making or paying of just compensation to the owners herein in the manner provided by law.
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