SOUND TRANSIT
RESOLUTION NO. R2003-05
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 or by condemnation and to pay eligible relocation and re-establishment benefits to affected parties as necessary for the construction, operation, and permanent location of the Regional Express Kirkland Direct Access Project, and to execute all documents necessary to convey those interests to the Washington State Department of Transportation consistent with the 1997 Memorandum of Agreement between Sound Transit and the Washington State Department of Transportation.
WHEREAS, a Regional Transit Authority, 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 Kirkland Direct Access Project; and
WHEREAS, an Environmental Assessment (EA) was prepared by the Federal Transit Administration (FTA) and the Federal Highway Administration (FHWA) in coordination with Sound Transit and the Washington State Department of Transportation (WSDOT) in compliance with the National Environmental Policy Act (NEPA). FTA and FHWA were the co-lead federal agencies for the Totem Lake Regional Express Project Environmental Assessment. The EA was issued on May 13, 2002, and made available to the public, agencies, jurisdictions, and affected tribes. A public hearing for the EA was held on June 20, 2002. Comments were received on the EA through June 28, 2002. FTA and FHWA found that the proposed Kirkland Direct Access Project would have no significant adverse impacts on the environment. A Finding of No Significant Impact (FONSI) was issued by FTA and FHWA on November 13, 2002. After carefully considering the information presented in the EA and the FONSI, supporting documents, and the public comments and responses, Sound Transit adopted the EA and the FONSI and issued a Determination of Non-Significance (DNS) pursuant to the Washington State Environmental Policy Act (SEPA) on November 13, 2002; and
WHEREAS, Sound Transit has identified certain real properties as necessary for the construction, operation, and permanent location of the Kirkland Direct Access Project in Kirkland, 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 Kirkland Direct Access 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, Sound Transit has commissioned or 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 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 Exhibit A and for the payment of eligible relocation and re-establishment costs, said property to be used for the construction, operation, and permanent location of the Kirkland Direct Access project in Kirkland, 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 Kirkland Direct Access project exceeds Sound Transit’s approved budget for right-of-way (ROW) acquisition (plus contingency), then the Executive Director shall obtain approval from the Executive Committee or the Board, per Resolution No. 78-1, before the acquisition of the property for the Kirkland Direct Access 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 No. 78-1.
SECTION 3. The Sound Transit Board of Directors deems the Kirkland Direct Access project to be constructed in Kirkland, 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 Kirkland Direct Access project. Said properties being described in Exhibit A incorporated herein by reference and that eligible parties be paid relocation and re-establishment costs associated with displacements 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 permanent location of the Kirkland Direct Access project in Kirkland, 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 those of the properties described in the attached Exhibit A, for the purpose of constructing, owning, and operating a permanent location of the Kirkland Direct Access project in Kirkland, Washington. The Executive Director is also authorized to make minor amendments to the legal descriptions of the properties described in the attached Exhibit A, 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 projects.
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.
SECTION 7. The Executive Director is authorized to execute all documents necessary to convey to WSDOT the property interests acquired pursuant to this resolution consistent with the 1997 Memorandum of Agreement between Sound Transit and WSDOT (GCA 1218), which contemplates that these property interests will become permanent additions to the Interstate Highway System.
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. R2003-05
Acquire Needed Property Rights for the Construction and
Operation of the Kirkland Direct Access Project
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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 Don Vogt, Senior Real Estate Representative |
(206) 689-4934 (206) 689-3396 |
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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: Kirkland Transit Enhancements
Current Status: Preliminary Engineering / Environmental Documentation
Projected Completion Date: 4th Quarter 2005
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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 DISCUSSION
The project budget is shown in the table under Summary for Board Action. Note that the budget amount shown for construction and right-of-way (ROW) acquisition has been combined to show as one line item. The combined budget amount for both phases is $15,948,000 of which, $221,700 has been spent and/or obligated. The remaining budget amount available for construction and ROW acquisition is $15,726,000. It is anticipated that this action will be achieved within the available Board-adopted ROW budget. The specific ROW budget amount is available under executive session.
REVENUE, SUBAREA, AND FINANCIAL PLAN IMPACTS
The proposed action is anticipated to be affordable within Sound Transit’s current long-term financial plan and will be consistent with subarea financial capacity.
SUMMARY FOR BOARD ACTION
M/W/DBE – Small Business Participation
Not applicable to this action
History of Project
In order to build the Kirkland Direct Access Project and operate ST Express Bus service, 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 may, in some cases, result in the temporary displacement of property owners, tenants, or businesses.
The project is located in the northeast section of the City of Kirkland in King County. The Project components include an overpass at NE 128th Street High Occupancy Vehicle (HOV) Direct Access Ramps from I-405, and a pedestrian connection to the Kingsgate Park-and-Ride lot. A related, but separate, Sound Transit project would be a new Transit Center to be located at approximately the southeast corner of NE 128th Street and 120th Avenue NE.
The new HOV Direct Access Ramps would be constructed from the inside northbound and southbound realigned lanes of Interstate 405 (I-405) to a new overpass at NE 128th Street that crosses over I-405. The new overpass would include in-line flyer stops to serve Sound Transit riders and act as transfer points between the regional and local bus systems. The overpass would consist of three traffic lanes, a bicycle lane, and sidewalks in each direction. In addition, NE 128th Street, between Totem Lake Blvd. and 120th Avenue NE, would be widened to accommodate traffic using the new overpass. The widening of NE 128th Street east of the overpass is a City of Kirkland-funded component of the project. The pedestrian connection would join the in-line transit stops on the new overpass with the Kingsgate Park-and-Ride facility.
An Environmental Assessment (EA) was prepared by the Federal Transit Administration (FTA) and the Federal Highway Administration (FHWA) in coordination with Sound Transit and WSDOT in compliance with the National Environmental Policy Act (NEPA). FTA and FHWA were the co-lead federal agencies for the Totem Lake Regional Express Project Environmental Assessment. The EA was issued on May 13, 2002, and made available to the public, agencies, jurisdictions, and affected tribes. A public hearing for the EA was held on June 20, 2002. Comments were received on the EA through June 28, 2002. FTA and FHWA found that the proposed Kirkland Direct Access Project would have no significant adverse impacts on the environment. A Finding of No Significant Impact (FONSI) was issued by FTA and FHWA on November 13, 2002. After carefully considering the information presented in the EA and the FONSI, supporting documents, and the public comments and responses, Sound Transit adopted the EA and the FONSI, and issued a Determination of Non-Significance (DNS) pursuant to the Washington State Environmental Policy Act (SEPA) on November 13, 2002.
In 1997, Sound Transit entered into a Memorandum of Understanding with WSDOT (GCA 1218) providing that WSDOT would accept HOV access improvements and title upon completion. Accordingly, this resolution authorizes the Executive Director to transfer ownership of acquired properties to WSDOT.
The proposed resolution authorizes the acquisition of interests in 18 parcels. One parcel (SNG Associates parcel number 2826059103) would be acquired in fee. Partial fee, easements, and/or access restrictions are currently anticipated to be needed from the other listed parcels.
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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M2002-134
M2000-111
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Authorizes a Project Level Agreement with WSDOT for final design and P,S,& E Change to Sound Move for an interchange in Kirkland Task Order with WSDOT for Completion of Design File Master Agreement with WSDOT for Civil Support Services PE/ED for Seven Community Connections Projects and Four HOV Access Projects |
12/5/02
11/9/00
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CONSEQUENCES OF DELAY
The current schedule anticipates going to bid and starting construction on the project during the first half of 2004. ROW activities can begin as soon as the Board approves the proposed resolution.
Regional Partnership and Cooperation
A Project Management Team and an Executive Advisory Committee have been established for the Kirkland I-405 HOV Access Improvements project to assist staff in making project decisions. The Project Management Team (PMT) is comprised of technical staff from Sound Transit, WSDOT, the City of Kirkland, and King County Metro. The Executive Advisory Committee (EAC) is comprised of elected officials, key agency management staff, and city business and community leaders, whose responsibility is to advise Sound Transit on the Kirkland projects.
The EAC will be disbanded at the completion of PE/ED and resolution of major planning issues. The PMT will be continued in a different format.
Sound Transit worked with WSDOT, FTA, and FHWA to process the FONSI.
Sound Transit worked with WSDOT to process the DNS.
Public Involvement
Sound Transit and its project partners (the City of Kirkland, WSDOT, and King County Metro) have hosted four public open houses to present ideas about the proposed transit improvements in the Kirkland area. Overall feedback from the open houses has been positive.
The public is encouraged to call or email Sound Transit at any stage of the project to request information or to provide comment.
Legal Review
BN 3/10/03