TO: Mayor and City Council
THROUGH: Keith Stahley, City Manager
FROM: Brian D. Martin, PE, Public Works Director
SUBJECT:
title
Initiation of Eminent Domain / Condemnation Proceedings Related to the 2022 Safety and Livability Bond Bridges Rehabilitation Project
Ward(s): Ward 1
Councilor(s): Councilor Stapleton
Neighborhood(s): NEN
Result Area(s): Safe, Reliable and Efficient Infrastructure.
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SUMMARY:
summary
The 2022 Safety and Livability Bond Bridges Rehabilitation project will reinforce four bridges in various locations to remove load restrictions (Attachment 1, Project Location Map). The project is nearing completion of the design phase and construction is currently scheduled for the summer of 2025.
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ISSUE:
Shall City Council adopt Resolution 2024-48 (Attachment 2) authorizing eminent domain proceedings to acquire right-of-way and easements from 1690 Winona Court NE for construction of improvements related to the 2022 Safety and Livability Bond Bridges Rehabilitation project?
RECOMMENDATION:
recommendation
Adopt Resolution 2024-48 authorizing eminent domain proceedings to acquire right-of-way and easements from 1690 Winona Court NE for construction of improvements related to the 2022 Safety and Livability Bond Bridges Rehabilitation project.
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FACTS AND FINDINGS:
The City has unrecorded property rights on the portion of the property necessary to construct improvements to the 17th Street NE bridge over Mill Creek at 1690 Winona Court NE. The City has been attempting to negotiate with the title owners of the property in order to clear title to the subject property interests. The owners have now obtained legal counsel. Staff is hopeful a final agreement can still be reached. However, if a final agreement cannot be reached with all security interest holders, it is necessary to authorize the City Attorney and outside counsel to initiate litigation proceedings for the subject property rights, including condemnation proceedings.
BACKGROUND:
On January 8, 2024, City Council adopted Resolution 2024-3 (Attachment 5) declaring the necessity to acquire portions of property from four parcels adjacent to bridges to be strengthened by the project. Agreements have been reached with all the owners except for one (Attachment 6, Unresolved Property Acquisitions Maps).
Allen Dannen, PE
City Engineer
Attachments:
1. Attachment 1 - Project Location Map
2. Attachment 2 - Resolution 2024-48
3. Attachment 3 - SRE Legal Description (Exhibits A and B)
4. Attachment 4 - TSCE Legal Description (Exhibits A and B)
5. Attachment 5 - Resolution 2024-03
6. Attachment 6 - Unresolved Property Acquisitions