File #: 2013-0356    Version: 1
Type: Ordinance Status: Passed
File created: 8/19/2013 In control: Committee of the Whole
On agenda: Final action: 9/23/2013
Enactment date: Enactment #: 17669
Title: AN ORDINANCE approving and adopting the agreed judgment and decree of appropriation negotiated between King County and the city of Bellevue in that certain eminent domain proceeding captioned as City of Bellevue v. Port of Seattle et al., King County Superior Court Cause No. 12-2-17740-6 SEA, authorizing the executive to implement the terms of the agreed judgment and decree of appropriation upon entry by the superior court and other appropriate measures.
Sponsors: Jane Hague
Indexes: Bellevue, City of, Port of Seattle
Attachments: 1. Ordinance 17669.pdf, 2. A. Agreed Judgment and Decree of Appropriation, 3. A. Agreed Judgment and Decree of Appropriation, 4. 2013-0356 fiscal note.xlsx, 5. 2013-0356 transmittal letter.docx, 6. Staff Report Proposed Ordinance 2013-0356 ERC Bellevue Settlement.docx, 7. 2013-0356 Attach 2 Bellevue Interest Statement.pdf, 8. 2013-0356 Attach 3 Bellevue NE 4th Street Illustration.pdf, 9. 2013-0356 Attach 4 Order for Immediate Possession and Use.pdf
Staff: Bourguignon, Mary
Drafter
Clerk 09/24/2013
title
AN ORDINANCE approving and adopting the agreed judgment and decree of appropriation negotiated between King County and the city of Bellevue in that certain eminent domain proceeding captioned as City of Bellevue v. Port of Seattle et al., King County Superior Court Cause No. 12-2-17740-6 SEA, authorizing the executive to implement the terms of the agreed judgment and decree of appropriation upon entry by the superior court and other appropriate measures.
body
STATEMENT OF FACTS:
1. On April 16, 2012, the city council of the city of Bellevue ("the city") adopted Ordinance No. 6051 which authorized the acquisition of certain property and property rights ("the Take property") necessary for construction of phase 1 of the city's NE 4th Street extension project, specifically to extend a new arterial public street between 116th Avenue NE and the eastern boundary of the former Burlington Northern Santa Fe ("BNSF") Railway Company railway corridor, including the improvement or installation of bike lanes, and the related construction or addition of curb, gutter and sidewalk, retaining walls, traffic signals, illumination, landscaping, irrigation, storm drainage and detention and other utility infrastructure as needed ("the city project").
2. As of April 16, 2012, the Port of Seattle owned fee title to that portion of the Woodinville subdivision that contains the Take property and King County had utility easements and a trail easement in the Take property. Effective as of February 13, 2013, by deed filed under King County Recording No. 20130213001645, King County acquired fee title to the Take property from the Port of Seattle. King County and the city subsequently negotiated an agreed judgment and decree of appropriation substantially in the form of Attachment A to this ordinance.
3. After negotiations between King County and the city, the Take property described in the petition filed in the city's eminent domain case and in c...

Click here for full text