SOUND TRANSIT
RESOLUTION NO. R2001-02
A RESOLUTION of the of the Central Puget Sound Regional Transit Authority authorizing the Executive Director to acquire, dispose, or lease certain real property interests by negotiated purchase or by condemnation and to pay eligible relocation and re-establishment benefits to affected parties as necessary for the construction and operation of the Regional Express Bellevue Direct Access N.E. 8th/I-405 Interchange Project.
WHEREAS, a Regional Transit Authority ("RTA"), hereinafter referred to as Sound Transit has been created for the Pierce, King, and Snohomish County region by action of their respective county councils pursuant to RCW 81.112.030; and
WHEREAS, on November 5, 1996, Central Puget Sound area voters approved local funding for Sound Move, the ten-year plan for regional high-capacity transit in the Central Puget Sound Region; and
WHEREAS, Sound Move provided for the implementation of a series of ST Express Bus routes and transit improvements, and further provided for the construction, operation and permanent location of the Bellevue Direct Access N.E. 8th/I-405 Interchange Project; and
WHEREAS, a Final Environmental Impact Statement (FEIS) was prepared by the Federal Highway Administration (FHWA) in coordination with Sound Transit, the City of Bellevue, and WSDOT in compliance with the National Environmental Policy Act (NEPA) and the State Environmental Policy Act (SEPA). The FEIS was issued on November 15, 2000 and made available to the public, agencies, jurisdictions, and affected Tribes. FHWA is expected to issue the Record of Decision (ROD) under NEPA for this Project in January 2001. Acquisition of real property under this Resolution must await issuance of the (ROD); and
WHEREAS, Sound Transit has identified certain real properties as necessary for the construction and permanent location of the Bellevue Direct Access N.E. 8th/I-405 Interchange Project in Bellevue, Washington, which properties are reasonably described in Exhibit A attached hereto; and
WHEREAS, in order to acquire the properties determined to be necessary for the construction, operation and permanent location of the Bellevue Direct Access N.E. 8th/I-405 Interchange Project, it is necessary for Sound Transit to acquire by negotiated purchase or to condemn certain lands and rights in property for public purposes, and to pay eligible relocation and re-establishment benefits to affected parties; and
WHEREAS, after receipt of the ROD, Sound Transit will commission appraisals to determine the fair market value of the properties, and will negotiate in good faith with the owners of the properties authorized to be acquired by negotiated purchase or condemned, with the intent of reaching agreements for the voluntary acquisition of the property for fair market value; and
WHEREAS, the funds necessary to acquire the property by voluntary purchase or to pay just compensation adjudged due after condemnation and the funds necessary to pay eligible relocation and re-establishment costs shall be paid from Sound Transit general funds.
NOW, THEREFORE, BE IT RESOLVED by the Board of the Central Puget Sound Regional Transit Authority that:
SECTION 1. Provided that FHWA has issued the ROD for the Project, the Executive Director is hereby authorized to execute such agreements as are customary and necessary for the acquisition, lease, or disposal of the real property interests described in Exhibit A, and for the payment of eligible relocation and re-establishment costs, said property to be used for the construction of the Bellevue Direct Access N.E. 8th/I-405 Interchange Project in Bellevue, Washington. In accordance with Sound Transit’s adopted Real Property Acquisition and Relocation Policies, Procedures and Guidelines, the acquisition price of the properties shall not exceed the fair market value to be determined through the appraisal process; provided that in the event the total of the acquisition, relocation and re-establishment costs of the properties for the Bellevue Direct Access N.E. 8th/I-405 Interchange Project exceeds Sound Transit’s approved budget for right-of-way acquisition (plus contingency), then the Executive Director shall obtain approval from the Executive Committee or the Board, per Resolution 78-1, before the acquisition of the property for the Bellevue Direct Access N.E. 8th/I-405 Interchange Project by purchase or by condemnation and the payment of eligible relocation and re-establishment costs.
SECTION 2. The Executive Director is hereby authorized to settle condemnation litigation or enter administrative settlements (a settlement in lieu of initiating condemnation litigation) for the acquisition of the real property interests described in Exhibit A. Such settlements shall be made only upon the recommendation of legal counsel, for amounts deemed to be a reasonable estimation of fair market value, and shall not exceed established budgets. For all other settlements proposed, the Executive Director shall obtain prior approval of the Executive Committee or the Board, per Resolution 78-1.
SECTION 3. The Sound Transit Board of Directors deems the Bellevue Direct Access N.E. 8th/I-405 Interchange Project to be constructed in Bellevue, Washington, to be a public use for a public purpose. The Board deems it necessary and in the best interests of the citizens residing within Sound Transit’s boundaries to acquire the property identified herein as being necessary for the construction, operation, and permanent location of the Bellevue Direct Access N.E. 8th/I-405 Interchange Project, said properties being described in Exhibit A incorporated herein by reference and that eligible parties to be paid relocation and re-establishment costs associated with displacements from these properties.
SECTION 4. The Sound Transit Board of Directors finds that the public health, safety, necessity, convenience and welfare demand and require that the above-described properties be immediately acquired, condemned, appropriated, taken and damaged for the construction, operation, and permanent location of the Bellevue Direct Access N.E. 8th/I-405 Interchange Project, in Bellevue, Washington.
SECTION 5. In addition to the authority granted the Executive Director in Section 1 above, condemnation proceedings are hereby authorized to acquire all, or any portion thereof, of the properties and property rights and/or rights in the properties described in the attached Exhibit "A" for the purpose of constructing, owning and operating a permanent location of the Bellevue Direct Access N.E. 8th/I-405 Interchange Project in Bellevue, Washington.
SECTION 6. The funds necessary to acquire the property by purchase or to pay just compensation adjudged due after condemnation shall be paid from Sound Transit general funds.
ADOPTED by the of the Central Puget Sound Regional Transit Authority at a regular meeting thereof held on the __________ day of , 2001.
_____________________________
David Earling
Board Chair
ATTEST:
______________________________
Marcia Walker
Board Administrator
STAFF REPORT
SOUND TRANSIT
Resolution No. R2001-02
Acquisition of Certain Real Property Interests by Purchase or Condemnation, and Payment of Eligible Relocation and
Re-establishment Benefits to Affected Parties for the Regional Express Bellevue Direct Access N.E. 8th/I-405 Interchange Project.
|
Meeting: |
Date: |
Type of Action: |
Staff Contact: |
Phone: |
|
Executive Committee Board |
1/19/2001 1/25/2001 |
Discussion/Possible action to recommend Board Approval Action |
Don Vogt, Senior Real Estate Manager Jeri Cranney, Division Manager |
(206) 689-3396 (206) 689-4934 |
PROPOSED ACTION:
The Board of the Central Puget Sound Regional Transit Authority is requested to authorize and to delegate authority to the Executive Director to acquire, dispose, or lease certain real property interests in real properties described in Exhibit A to Resolution No. 2001 - 02, by voluntary agreements or by condemnation and to pay eligible relocation and re-establishment benefits to affected parties as necessary for the construction and operation of the Regional Express Bellevue Direct Access N.E. 8th/I-405 Interchange Project (the Project).
KEY FEATURES
Highlights of Proposed Action:
DISCUSSION OF THE PROPOSED ACTION:
BACKGROUND
In order to build and operate a high capacity transit system consisting of commuter rail service, light rail service, and a program of regional bus service, HOV improvements, and park-and-ride facilities throughout the central Puget Sound region, it will be necessary for Sound Transit to acquire real property. Sound Transit’s authorizing legislation provides the agency with the power of eminent domain to accomplish such acquisitions. The acquisition of real property will, in some cases, result in the temporary displacement of property owners, tenants, or businesses.
The I-405 Bellevue Direct Access Project is a key project for Sound Transit. The Project will increase transit speed and reliability by providing a direct connection between I-405 and Sound Transit’s primary hub in King County, the Bellevue Transit Center, as well as become the centerpiece of Bellevue’s transportation and land use strategy. Sound Transit is partnering with the City of Bellevue, Washington State Department of Transportation (WSDOT), King County Metro and the Federal Highway Administration on the Project. The system of improvements over the next five years will improve travel to, from, and within downtown Bellevue, and it will preserve options for future improvements on Interstate 405.
ENVIRONMENTAL PROCESS; IDENTIFICATION OF PROPERTIES
The City of Bellevue and WSDOT prepared a NEPA Environmental Impact Statement of the main ramp project at NE 6th Street and a documented categorical exclusion on related improvements to the SE 8th Street interchange.
A Final Environmental Impact Statement (FEIS) on the Project was prepared by the Federal Highway Administration (FHWA) in coordination with Sound Transit, the City of Bellevue, and WSDOT in compliance with the National Environmental Policy Act (NEPA) and the State Environmental Policy Act (SEPA). The FEIS was issued on November 15, 2000. FHWA is expected to issue the Record of Decision (ROD) under NEPA for this Project in January 2001. Acquisition of real property to implement this Project must await issuance of the (ROD).
The Final Environmental Impact Statement (FEIS) identified the real property necessary for the construction and operation of the Project. The properties (Properties) identified in this request (Exhibit "A") are consistent with the FEIS for the Project and with the property needs identified through the design process.
FUTURE TRANSFERS OF PROPERTIES ACQUIRED
Pursuant to the October 23, 1997 Memorandum of Understanding between Sound Transit and WSDOT concerning the Regional Express/HOV Program certain real property acquired under this Resolution will be conveyed to WSDOT to become part of the interstate highway system. Other real property acquired under this Resolution would be conveyed to the City of Bellevue in consideration for the City’s conveyance of certain City right-of-way to WSDOT, which right-of-way also will become a part of the interstate highway system. In both instances, Sound Transit will need to enter an agreement or agreements with the City of Bellevue and WSDOT for the transfers. Sound Transit will not proceed with condemnation of properties to be transferred under these agreements until the agreements have received Board approval. It is anticipated that Sound Transit will receive credit for the transferred rights-of-way under Landbank Agreement between Sound Transit and WSDOT dated July 14, 2000
.BUDGET
Funding for property acquisition and relocation is included in the Right-of-Way (ROW) acquisition phase of the Bellevue Direct Access Project (#145) as part of the Regional Express Budget. The specific budget amounts available for this action are shown in the following table.
|
ROW Budget Life of Project |
Life-to-Date Expenditures and Outstanding Commitments (3) |
Total Amount Requested (4) |
Remaining Budget |
|
|
|
(A) |
(B) |
(C) |
(A-B+C) |
|
Proposed 2001 Budget (1) |
$7,405,000 |
$3,205,000 |
N/A |
$4,200,000 |
|
Proposed Amendment 1 (2) |
$601,000 |
0 |
N/A |
$601,000 |
|
Total |
$8,006,000 |
$3,205,000 |
N/A |
$4,801,000 |
Note 1: Reference page 176 of the 2001 Proposed Budget Document.
Note 2: Proposed Amendment 1 to the adopted 2001 Budget includes an additional $8M in YOE dollars for the Project budget from East King County unanticipated Revenues (in keeping with Motion M2000-76, adopted10/12/00). The ROW amount shown in the table above is the ROW portion of the $8M based on staff distribution of the $8M to phases of the Project.
Note 3: Expenditures (payments made) and Outstanding Commitments (items on contract but not paid for yet) through November 30, 2000.
Note 4: The total acquisition price of the properties will be based upon appraisals of fair market value. Fair market value will be established in accordance with the Sound Transit Real Property Policy, Procedures and Guidelines ("Real Estate Policy") that were adopted by the Board on April 23, 1998.
Based on current estimates, Sound Transit’s property acquisition and relocation costs authorized under this Resolution may exceed the remaining Right-of-Way acquisition budget line items for the Bellevue Direct Access project (#145).
The Board adopted budget guidelines (Resolution 98-04) authorize the Executive Director to shift funds between phases as long as such action would not result in an increase to the Sound Transit’s project budget. If the property acquisition and relocation costs authorized under this Resolution do exceed the remaining ROW budget, dollars could be shifted from the Contingency phase and/or the Construction phase to the ROW budget without causing an increase in Sound Transit’s total contribution to the Project.
Alternatives
Seek Board or Executive Committee approval for each separate real property acquisition, relocation agreement, condemnation action and/or settlement of litigation.
Consequences of Delay
The timely acquisition, by negotiation or condemnation, of real property together with the relocation of businesses, tenants and residents, is necessary for the successful completion of the Bellevue Direct Access N.E. 8th/I-405 Interchange Project. The original schedule from Sound Move called for completion in 2003. The current schedule for completion is 2005/06. Any delay in this process will result in an overall delay in the Project schedule.
Regional Partnership and Cooperation
This is a joint project, consisting of funding from Sound Transit, the City of Bellevue, the State of Washington, and federal grants. The City of Bellevue is currently seeking additional state Transportation Improvement Board grants to cover an estimated shortfall to the overall project budget.
An executive team from the City of Bellevue, WSDOT, King County, and Sound Transit manages the Bellevue Access Project. The City of Bellevue prepared and funded the environmental processes, Sound Transit funded the preliminary design, and WSDOT has been lead on design, including that portion describing the rights-of-way requirements. The City is providing approximately $47M Project funding and the WSDOT has thus far pledged $10M. In the first quarter of 2001, the Board will be requested to consider an umbrella agreement for assigning the partners shares to various component contracts.
During the second quarter of 2001, the Board will be asked to consider a project agreement with WSDOT for the first phase of the Bellevue Direct Access Project, which will begin construction in mid-2001.
Public Involvement
A scoping meeting was held on March 22, 1994. There have been four open houses, one public hearing and numerous meetings before the Bellevue City Council and Transportation Commission. The staff has provided several newsletters as well as an on-going information in Bellevue’s "It’s Your City" newsletter that is mailed to every address in the City. The Final EIS was published by FHWA in the Federal Register and in local newspapers in November, 2000.
The City of Bellevue also holds monthly meetings with an advisory committee including two city council members and representatives of community and business groups. This committee is expected to continue to meet for the duration of the Project, providing advice on managing construction impacts, and managing other community impacts.
Legal Review
JB/MBL 1/10/01