SOUND TRANSIT
RESOLUTION NO. R2003-04
A RESOLUTION of the Board of the Central Puget Sound Regional Transit Authority authorizing the Executive Director to acquire, dispose, or lease certain real property interests by negotiated purchase, by condemnation, by settling condemnation litigation or entering administrative settlements, and to pay eligible relocation and re-establishment benefits to affected parties as necessary for the Central Link Light Rail Project.
WHEREAS, a Regional Transit Authority (Sound Transit) was 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, one component of Sound Move is an electric light rail project with up to 25 miles of track connecting some of Washington State’s largest Employment and education centers, highest density residential areas, and highest regional transit ridership areas, located in the Cities of SeaTac, Tukwila, and Seattle (Central Link Light Rail Project); and
WHEREAS, implementing the light rail element of Sound Move is intended to expand transit capacity within the region’s most dense and congested corridor, provide a practical alternative to driving a car on increasingly congested roadways, support comprehensive land use and transportation planning, provide environmental benefits, and improve mobility for travel-disadvantaged residents in the corridor; and
WHEREAS, Resolution No. R99-34 selected the location of the alignment, station locations, and vehicle maintenance base for the Central Link Light Rail Project; and
WHEREAS, the following documents have been published and approved, as required by the Federal Transit Administration: Final Environmental Impact Statement (FEIS) in November, 1999; Tukwila Freeway Route Final Supplemental EIS in November 2001; Initial Segment SEPA Addendum in November 2001; Initial Segment Environmental Assessment in February 2002; Amended Record of Decision (ROD) on May 8, 2002; and Letters of No Prejudice (LONP) on February, 25, 2000, and July 21, 2000, authorizing acquisition of property for Design Contract Segment D700/D710/D720/D730/D740/ D750/760/MB810; and
WHEREAS, the environmental documents described above met the project requirements to comply with the Washington State Environmental Policy Act (SEPA) and National Environmental Policy Act (NEPA), and
WHEREAS, by Resolution No. R2001-16 the Sound Transit Board of Directors selected the initial 14-mile light rail segment of the Central Link Light Rail Project (Initial Segment) to be constructed and operated by 2009. The alignment, station locations, and maintenance base site for the Initial Segment are set forth in this resolution; and
WHEREAS, in order to acquire the properties determined to be necessary for the construction, operation, and maintenance of the Central Link Light Rail Project, it is necessary for Sound Transit to acquire by negotiated purchase or to condemn certain rights in the property described in Exhibits A and B for public purposes, and to pay eligible relocation and re-establishment benefits to affected parties; and
WHEREAS, Sound Transit will commission appraisals to determine the fair market value of the properties and will continue to 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 of the Central Puget Sound Regional Transit Authority that:
SECTION 1. 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 Exhibits A and B and for the payment of eligible relocation and re-establishment costs, said property to be used for the construction of the Central Link Light Rail Project. 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 exceeds Sound Transit’s approved budget for the Central Link Light Rail Project right-of-way acquisition, then the Executive Director shall obtain approval from the appropriate committee or the Board, per Resolution No. 78-1, before the acquisition of the property 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 Exhibits A and B. Such settlements shall be made only upon the recommendation of legal counsel, for amounts deemed to be 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 appropriate committee of the Board, per Resolution No. 78-1.
SECTION 3. The Sound Transit Board of Directors deems the Central Link Light Rail Project to be a public use for a public purpose. The Board deems it necessary and in the best interests of the citizens residing within the Sound Transit district boundaries to acquire the property identified herein as being necessary for the construction, operation, and maintenance of the Central Link Light Rail Project. The Board directs that all, any portion thereof, of the property identified herein be immediately acquired by voluntary agreement, or in lieu of agreement, that said properties be condemned, appropriated, taken, and damaged for the construction, operation, and maintenance of the Central Link Light Rail Project, said properties being described in Exhibits A and B incorporated herein by reference and that eligible parties be paid relocation and re-establishment costs associated with displacement from the 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 maintenance of the Central Link Light Rail Project.
SECTION 5. In addition to the authority granted the Executive Director in Section 1 above, condemnation proceedings are hereby authorized and the authority is hereby delegated to the Executive Director to take action as related to such condemnation proceedings to acquire all, or any portion thereof, of the properties and property rights and/or rights in the properties described in the attached Exhibits A and B for the purpose of constructing, owning, and operating the Central Link Light Rail. The Executive Director is also authorized to make minor amendments to the legal descriptions of properties described in the attached Exhibits A and B as may be necessary to correct scrivener’s errors and/or to conform the legal description to the precise boundaries of the property required for the project.
SECTION 6. 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 the attached Exhibits A and B, that are owned by public agencies, which include King County, City of Seattle, Washington State Department of Transportation, Seattle School District, and City of Tukwila, in the same manner that private individuals receive payment under Sound Transit’s adopted Real Property Acquisition and Relocation Policies, Procedures and Guidelines.
SECTION 7. The applications for street vacations by the Executive Director are hereby ratified and 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 the attached Exhibit B from the City of Seattle as authorized by street vacation petition C.F. 304506 approved by the Seattle City Council on July 8, 2002, and to satisfy the conditions thereof as required to protect affected utility facilities located within the vacated streets by the conveyance of easements or other property interests.
SECTION 8. The Executive Director is further authorized to execute such agreements as are necessary for the disposal of the real property interests described in the attached Exhibit A as parcels TUK-022, TUK-024, and TUK025 in accordance with Sound Transit Resolution No. R99-35, Policy for Real Property Disposition, in order to effect mitigation measures required in the Amended Record of Decision as stipulated under the Programmatic Agreement between the Federal Transit Administration, State Historic Preservation Officer, and the Advisory Council on Historic Preservation intended to preserve and maintain the significant historic features of the property in perpetuity.
SECTION 9. 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 Board of the Central Puget Sound Regional Transit Authority at a regular meeting thereof held on April 24, 2003.
_____________________
Ron Sims
Board Chair
ATTEST:
_____________________
Marcia Walker
SOUND TRANSIT
STAFF REPORT
Resolution NO. R2003-04
Acquire Real Property Interests Required for Central Link Light Rail
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Meeting: |
Date: |
Type of Action: |
Staff Contact: |
Phone: |
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Finance Committee
Board |
4/17/03
4/24/03 |
Discussion/Possible Action to Recommend Board Approval Action |
Joann H. Francis, Chief Administrative Officer Larry Ellington, |
(206) 689-4934 (206) 398-5025 |
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Contract/Agreement Type: |
Requested Action: |
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Competitive Procurement |
Execute New Contract/Agreement |
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Sole Source |
Amend Existing Contract/Agreement |
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Memorandum of Agreement |
Contingency Funds Required |
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Purchase/Sale Agreement |
Budget Amendment Required |
Objective of Action
Action
KEY FEATURES
BUDGET IMPACT SUMMARY
Project Description: Central Link Initial Segment
Current Status: Final Design
Projected Completion Date: 2009
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Action Outside of Adopted Budget: |
Y/N |
Y Requires Comment |
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This Line of Business |
N |
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This Project |
N |
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This Phase |
N |
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This Task |
N |
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Budget amendment required |
N |
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Key Financial Indicators: |
Y/N |
Y Requires Comment |
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Contingency funds required |
N |
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Subarea impacts |
N |
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Funding required from other parties other than what is already assumed in financial plan |
N |
N = Action is assumed in current Board-adopted budget. Requires no budget action or adjustment to financial plan
BUDGET
The total 2003 adopted budget for the Central Link Initial Segment is $2.07 billion. Within that budget, the activities considered by this resolution are identified within the right-of-way phase as budget line items for Project Design Contract Segments D700, D710, D720, D730, D740, D750, D760 and MB810.
The combined total right-of-way acquisition budget for these design contract segments is $229,410,805. By prior Resolutions (Nos. R2000-13 and R2002-03), the Board has authorized the acquisition of certain properties within the adopted budget. This Resolution will authorize the expenditure of funds necessary for the acquisition of additional properties in Project Design Contract Segments D700, D710, D720, D730, D740, D750, D760 and MB810 up to this total budget amount.
In accordance with Sound Transit policy, budgets for specific parcels will be discussed with Board members in executive session.
REVENUE, SUBAREA, AND FINANCIAL PLAN IMPACTS
The proposed action is consistent with the current Board adopted budget and is affordable within the agency’s current long-term financial plan and subarea financial capacity. The action will have no new revenue impacts on Sound Transit.
SUMMARY FOR BOARD ACTION
M/W/DBE – Small Business Participation
Not applicable to this action
History of Project
I
n 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 grants the agency the power of eminent domain to accomplish such acquisitions.Certain property has been identified as necessary for the light rail Maintenance Base and for alignment segments from Royal Brougham to South 154th Street (Design segments D700 D710, D720, D730, D740, D750, D760 and MB810) based upon the current level of design. The proposed action would authorize approximately thirteen (13) full property acquisitions, eight (8) partial property acquisitions, thirty-six (36) temporary construction or slope easements, ninety-four (94) subsurface tunnel easements, five (5) permanent easements, and the payment of relocation benefits to eligible affected owners and tenants. Properties will be acquired and relocation assistance provided to affected owners and tenants in the order needed to meet the Link project construction schedule. However, owners or tenants of these properties will not be required to move prior to February 2004, and most will not need to move before mid 2004.
As part of this action Sound Transit would authorize the acquisition of property from King County, the City of Seattle, the Washington State Department of Transportation, the Seattle School District, and the City of Tukwila. Public agencies are not expressly covered under Sound Transit’s adopted policies for property acquisition and relocation. This action would approve payment for relocation assistance to public agencies that own or occupy these properties in the same manner in which private individuals receive payment under Sound Transit’s adopted policies and procedures. Discussions are underway with each of these parties.
In addition, by Seattle City Council action of July 8, 2002, certain streets were approved for vacation (street vacation petition C.F. 304506) subject to Sound Transit’s fulfillment of certain conditions. These conditions include the purchase of the property at one-half its fair market value and protection of affected utility facilities located within the vacated streets by the conveyance of easements or other property interests. This action would provide for the purchase of the streets and conveyance of the required easements and licenses necessary for the protection of utility facilities.
Finally, this action would authorize per the guidelines of Board Resolution No. R99-35, Policy for Real Property Disposition, the acquisition and disposition of the historic Ray-Carrossino Farmstead in order to effect mitigation measures required in the Record of Decision and as stipulated under the Programmatic Agreement among the FTA, State Historic Preservation Officer (SHPO), and Advisory Council on Historic Preservation (ACHP). To comply with Section 106 of the National Historic Preservation Act of 1966, the Programmatic Agreement, as amended February 2002, stipulates that Sound Transit prepare a preservation plan, relocate the farmhouse, stabilize the other historic structures on the property, and transfer the property to a responsible entity with provisions to preserve and maintain the significant historic features of the property in perpetuity.
Prior Board or Committee Actions
and Relevant Board Policies
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Motion or Resolution Number |
Summary of Action |
Date of Action |
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R2002-03
R2001-16
R99-35 R98-20
(Resolution) 78-1
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Approval of acquisition and relocation of additional properties along segments D710, D720, D730 and D740 Board adopted initial segment for Central Link project Approval of acquisition and relocation of properties along segments D700 and MB810 CPSRTA Real Property Disposition Policy, Procedures and Guidelines Approval of the real property acquisition and relocation policy, procedures and guidelines. Establishing delegated authority and procurement procedures |
12/13/01
4/23/98
1/13/00 4/9/98
5/31/96 |
CONSEQUENCES OF DELAY
Significant delay in Board action could result in a delay in the property acquisition schedule.
Design and construction schedules for the light rail alignment segments assume the availability of the specific properties when needed for construction. Significant delay in Board approval could affect the timely acquisition of the property and the relocation of affected businesses.
Regional Partnership and Cooperation
Discussions with the City of Tukwila, the City of Seattle, and the State of Washington will continue as to their respective property interests to be acquired.
Public Involvement
Between 1998 and 2001, Sound Transit staff attended Southeast Seattle community group meetings, met individually with property owners and tenants upon request, walked door-to-door along the corridor to explain route alternatives to residents and business owners, and held workshops and walking tours to discuss the various alternatives in the Rainier Valley and Beacon Hill. In addition, Sound Transit provided over 20 field trip opportunities to over 200 community members, including participants from the deaf and blind community, to observe rail systems in Portland, Oregon and Vancouver, British Columbia.
Materials about the light rail project were translated into ten different languages as well as prepared in Braille and other accessible formats and non-English hotlines were established to inform special populations and promote communication. Interpreters have been made available at public meetings, door-to-door visits, and individual meetings with property owners and tenants. Sound Transit has distributed translated materials through key contacts in non-English speaking communities, at fairs and festivals, and at community gathering places throughout Southeast Seattle.
Maps and detailed information about proposed alignments were published in the Draft Environmental Impact Statement (DEIS) in December 1998, the final Environmental Impact Statement (FEIS) in November 1999, and the Tukwila Freeway Route FSEIS in November 2001. Distribution of the DEIS, FEIS, and FSEIS included libraries, community centers and community organizations, as well as mailing the documents and/or their executive summaries to those who requested them. The documents were also available at Sound Transit’s downtown office and Sound Transit’s Community office in Columbia City.
Between 1999 and 2001 Sound Transit staff attended community meetings and organized public work sessions and open house opportunities in Southeast Seattle neighborhoods to discuss route impacts, property acquisition and relocation, station design, street design, safety, traffic circulation, and Station Area Planning (in coordination with the City of Seattle) among many other topics.
Sound Transit project development and real estate staff continue to meet with property owners, business owners, and tenants adjacent to the route and stations in Beacon Hill and the Rainier Valley to discuss light rail project progress and design, real estate acquisition and relocation processes, and to listen to individual and neighborhood concerns about the project.
Legal Review
JB - 04/4/03