SOUND TRANST RESOLUTON NO. R2010-04 A RESOLUTON of the Board of the Central Puget Sound Regional Transit Authority authorizing the chief executive officer to acquire, dispose, or lease certain real property by negotiated purchase, by condemnation (including settlement of condemnation litigation), or entering into administrative settlements, and to pay eligible relocation and re-establishment benefits to affected owners and tenants as necessary for staging and station areas for the Brooklyn and Roosevelt Stations within the North Link - UW Station to Northgate project. 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 and again on November 4,2008, at general elections held within the Central Puget Sound Regional Transit Authority district, the voters approved local funding for high capacity transit in the Central Puget Sound Region; and WHEREAS, Sound Transit is authorized to acquire and dispose of property for the construction of high capacity transportation facilities under RCW 81.112.080; and WHEREAS, in order to acquire the properties determined to be necessary for the construction, operation, and maintenance of project improvements required for North Link - University of Washington Station to Northgate, 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 reestablishment benefits to affected parties; and WHEREAS, by Resolution R2006-07, adopted on April 27, 2006, the Sound Transit Board of Directors selected the alignment and station locations for North Link as an extension of the Central Link Light Rail project and certain properties have been identified as necessary for the North Link - University of Washington Station to Northgate construction and for construction staging based upon the current level of design; and WHEREAS, Sound Transit has identified certain real properties as necessary for the construction and permanent location of the Brooklyn and Roosevelt Stations for North Link - University of Washington Station to Northgate and are reasonably described in Exhibit A of this resolution; and
WHEREAS, on April 7, 2006, environmental compliance pursuant to the State environmental Policy Act (SEPA) for North Link, which includes University of Washington Station to Northgate, was completed with the North Link Final Supplemental Environmental mpact Statement (FSES); and WHEREAS, on June 7, 2006, Environmental compliance pursuant to the National Environmental Policy Act (NEPA) by the Federal Transit Administration was issued by a Record of Decision for North Link; and WHEREAS, Sound Transit has conducted public outreach including, but not limited to station design workshops, project open houses, and other meetings involving property owners, neighborhood and business groups and other interested parties throughout the North Link project area; and WHEREAS, on March 5, 2010 Sound rans sit mailed certified letters to property owners affected by this action in compliance with state law regarding public notification; 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 the North Link project budget. WOW THEREFORE BE T RESOLVED by the Board of the Central Puget Sound Regional Transit Authority as follows: SECTON 1. The chief executive officer 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 (said property to be used for construction, maintenance and operation of a light rail system between the University of Washington Station and Northgate) and for the payment of eligible relocation and re-establishment costs. n 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 or as provided in Resolution No. R2010-04 Page 2 of 4
Section 2 herein; provided that in the event the total of the acquisition, relocation, and re-establishment costs of the properties for the project exceeds Sound Transit's approved budget for right-of-way acquisition (plus contingency), then the chief executive officer shall obtain approval from the appropriate committee or the Board, per Resolution 78-1, before the acquisition of the property for the project by purchase or by condemnation and the payment of eligible relocation and re-establishment costs. SECTON 2. The chief executive officer or her designee 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 finding of legal counsel that the settlement is consistent with the law and is reasonable, prudent, and in the public interest. Such settlements shall not exceed established project budgets. For all other settlements proposed, the chief executive officer shall obtain prior approval of the appropriate committee or the Board, per Resolution 78-1. SECl'ON 3. The chief executive officer 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 A that are owned by public agencies, which include the University of Washington in the same manner that private individuals receive payment under Sound Transit's adopted Real Property Acquisition and Relocation Policies, Procedures and Guidelines. SECTON 4. The Board deems the North Link - University of Washington Station to Northgate 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 Sound Transit's boundaries to acquire the property described in Exhibit A as being necessary for the construction, maintenance and operation of a light rail system between the University of Washington Station and Northgate, and that eligible parties be paid relocation and reestablishment costs associated with displacement from the properties. SECTON 5. The Board finds that the public health, safety, necessity, convenience, and welfare demand and require that the properties described in Exhibit A be immediately acquired, condemned, appropriated, taken and damaged for the construction, operation, and permanent location of the Project. SECTON 6. n addition to the authority granted the chief executive officer in Section 1 above, condemnation proceedings are hereby authorized to acquire all, or any portion thereof, of the properties Resolution No. R2010-04 Page 3 of 4
RESOLUTON NO. R2010-04 EXHBT A ACQUSTONS Contract Seqment: D235 Brooklyn Station... Page RM No. NL 426 NL 427 NL 428 NL 429 NL 430 Tax Parcel No. 1142000905 114200 0185 1142001020 1142000225 1142000300 Owner Contact David A. Koh & Christopher J. Koh, Co-Trustees of ABCD Trust JP Morgan Chase & Co., successors in interest to Washington Mutual Savings Bank David A. Koh & Christopher J. Koh, Co-Trustees of ABCD Trust The Board of Regents of the University of Washington The Board of Regents of the University of Washington Roosevelt Station..... Page 2 NL 851 3658700005 Sukhdev Shaunak & Santosh Shaunak
Brooklyn Station LOTS 1 AlVD 2, BLOCK 10, BROOKLYN ADDTON TO THE CTY OF SEATTLE, ACCORDNG TO THE PLAT THEREOF RECORDED N VOLUME 7 OF PLATS, PAGE 32, RECORDS OF KlNG COUNTY, WASHNGTON. LOTS 13 THROUGH 18, NCLUSVE, BLOCK 2, BROOKLYN ADDTON TO SEATTLE, ACCORDNG TO THE PLAT THEREOF RECORDED N VOLUME 7 OF PLATS, PAGE 32, N KlNG COUNTY, WASHVGTON. J Koh, Co-Trustees of ABCD Trust LOTS 23 AND 24, BLOCK 10, BROOKLYN ADDTON TO THE CTY OF SEATTLE, ACCORDNG TO THE PLAT THEREOF RECORDED N VOLUME 7 OF PLATS, PAGE 32, RECORDS OF KlNG COUNTY Seattle WA 98105 LOTS 19 THROUGH 21, NCLUSVE, BLOCK 2, BROOKLYN ADDTON TO SEATTLE, ACCORDNG TO THE PLAT THEREOF RECORDED N VOLUME 7 OF PLATS, PAGE 32, N KlNG COUNTY, WASHNGTON. University of washington, an Seattle WA 98105 agency of the State of LOTS 11 AND 12, BLOCK 3, BROOKLYN ADDTON, ACCORDNG TO THE PLAT THEREOF RECORDED N VOLUME 7 OF PLATS, PAGE 32, RECORDS OF KlNG COLNTY, WASHNGTON; TOGETHER WTH THAT PORTON OF THE VACATED ALLEY ADJONNG VACATED BY ORDNANCE NO. 98024 OF THE CTY OF SEATTLE, RECORDED UNDER RECORDNG NO. 6551901, WHCH ATTACHED THERETO BY OPERTATOV OF LAW. Resolution No. R2010-04 Exhibit A Page 2 of 5
Roosevelt Station record as ~ames E F off, Seattle WA 98115 and Sharron Goff. hlw LOT 22 AND THE WEST HALF OF LOT 23, BLOCK 1, JAMES DlVlSlON OF GREEN LAKE ADDTON TO SEATTLE, ACCORDNG TO THE PLAT THEREOF RECORDED N VOLUME 4 OF PLATS, PAGE 41, N KlNG COUNTY, WASHNGTON. Preciosa P simaigan, hlw 1 Seattle WA 981 15 UNlT LOT E, ClTY OF SEATTLE SHORT SUBDVSON NO. 2200997, RECORDED UNDER RECORDNG NO. 20020816900035, BENG A PORTON OF LOTS 2 THROUGH 5 NCLUSVE, BLOCK 1, JAMES DlVlSlON OF GREENLAKE ADDTON, ACCORDNG TO PLAT RECORDED N VOLUME 4 OF PLATS, PAGE 41, N KlNG COUNTY, WASHNGTON. Lee, each sep. est. 1 Seattle WA 981 15 UNlT LOT F, CTY OF SEAl7LE SHORT SUBDVSON N0.2200997, RECORDED UNDER RECORDNG NO. 20020816900035, BENG A PORTON OF LOTS 2 THROUGH 5, NCLUSVE, BLOCK 1, JAMES DVSON OF GREENLAKE ADDTON, ACCORDNG TO PLAT RECORDED N VOLUME 4 OF PLATS, PAGE 41, N KlNG COUNTY, WASHNGTON. of the 1983 Alvarado Family Trust ~orraine D Alvarado, ~rusteesl Seattle WA 98115 1 UNlT LOT G, ClTY OF SEATTLE SHORT SUBDVSON N0.2200997, RECORDED UNDER RECORDNG NO. 20020816900035, BENG A PORTON OF LOTS 2 THROUGH 5, NCLUSVE, BLOCK 1, JAMES DlVlSlON OF GREENLAKE ADDTON, ACCORDNG TO PLAT RECORDED N VOLUME 4 OF PLATS, PAGE 41, N KlNG COUNTY, WASHNGTON.. Hsin Ting Wang, hlw, each 1 Seattle WA 981 15 UNlT LOT H, CTY OF SEATTLE SHORT SUBDVSON NO. 2200997, RECORDED UNDER RECORDNG NO. 20020816900035, BENG A PORTON OF LOTS 2 THROUGH 5, NCLUSVE, BLOCK 1, JAMES DlVlSlON OF GREENLAKE ADDTON, ACCORDNG TO PLAT RECORDED N VOLUME 4 OF PLATS, PAGE 41, N KlNG COUNTY, WASHNGTON. Resolution No. R2010-04 Exhibit A Page 3 of 5
UNT LOT A, ClTY OF SEATTLE SHORT SUBDVSON NO. 2200997, RECORDED UNDER RECORDNG NO. 20020816900035, BENG A PORTON OF LOTS 2 THROUGH 5, NCLUSVE, BLOCK 1, JAMES DlVlSlON OF GREENLAKE ADDTON, ACCORDNG TO PLAT RECORDED N VOLUME 4 OF PLATS, PAGE 41, N KlNG COUNTY, WASHNGTON. Hsin Wang, hlw, each sep. est., et al Seattle WA 981 15 UNlT LOT B, ClTY OF SEATTLE SHORT SUBDVSON N0.2200997, RECORDED UNDER RECORDNG NO. 20020816900035, BENG A PORTON OF LOTS 2 THROUGH 5, NCLUSVE, BLOCK 1, JAMES DlVlSlON OF GREENLAKE ADDTON, ACCORDNG TO PLAT RECORDED N VOLUME 4 OF PLATS, PAGE 41, N KlNG COUNTY, WASHNGTOV. Box, hlw 1 Seattle WA 981 15 UNlT LOT C, ClTY OF SEATTLE SHORT SUBDVSON N0.2200997, RECORDED UNDER RECORDNG NO. 20020816900035, BENG A PORTON OF LOTS 2 THROUGH 5, NCLUSVE, BLOCK 1, JAMES DlVlSlON OF GREENLAKE ADDTON, ACCORDNG TO PLAT RECORDED N VOLUME 4 OF PLATS, PAGE 41, N KlNG COUNTY, WASHNGTON. R~o~, hlw Seattle WA 98115 UNlT LOT D, ClTY OF SEATTLE SHORT SUBDVSON NO. 2200997, RECORDED UNDER RECORDNG NO. 20020816900035, BENG A PORTON OF LOTS 2 THROUGH 5, NCLUSVE, BLOCK 1, JAMES DlVlSlON OF GREENLAKE ADDTON, ACCORDNG TO PLAT RECORDED N VOLUME 4 OF PLATS, PAGE 41, N KlNG COUNTY. WASHNGTON. THE EAST ONE-HALF OF LOT 23 AND ALL OF LOT 24, BLOCK 1, JAMES DlVlSlON TO GREEN LAKE ADDTON TO THE ClTY OF SEATTLE, ACCORDNG TO THE PLAT THEREOF RECORDED N VOLUME 4 OF PLATS, PAGE 41, N KlNG COUNTY, WASHNGTON; TOGETHER WTH THAT PORTON OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTON 5, TOWNSHP 25 NORTH, RANGE 4 EAST, W.M., N KlNG COUNTY, WASHNGTON, DESCRBED AS FOLLOWS: BETWEEN A LlNE THAT S 36 FEET NORTH OF AND PARALLEL TO THE SOUTH LlNE OF SAD SUBDVSON AND THE SOUTH LlNE OF LOTS 23 AND 24, BLOCK 1, JAMES DlVlSlON OF GREEN LAKE, EXTENDNG FROM THE WEST LlNE OF 1 2 AVENUE ~ ~ NORTHEAST, TO A LlNE THAT S 45 FEET WESTERLY THEREOF AND PARALLEL THERETO. Resolution No. R2010-04 Exhibit A Page 4 of 5
THE SOUTH 36 FEET OF LOT 1 AND THE SOUTH 36 FEET OF THE EAST HALF OF LOT 2, BLOCK 1, JAMES DVSON OF GREENLAKE ADDTON TO SEATTLE, ACCORDNG TO THE PLAT THEREOF RECORDED N VOLUME 4 OF PLATS, PAGE 41, N KlNG COUNTY, WASHNGTON. LOT 1, EXCEPT 'THE SOUTH 36 FEET THEREOF; AND THE EAST HALF OF LOT 2, EXCEPT THE SOUTH 36 FEET THEREOF; ALL N BLOCK 1, JAMES DVSON OF GREEN LAKE ADDTON TO SEATTLE, ACCORDNG TO THE PLAT THEREOF RECORDED N VOLUME 4 OF PLATS, PAGE 41, N KlNG COUNTY, WASHNGTON. Resolution No. R2010-04 Exhi bit A Page 5 of 5
and property rights and/or rights in those of the properties described in Exhibit A, not owned by a public entity, for the purpose of constructing, owning, and operating a permanent location of the project. The chief executive officer is also authorized to make minor amendments to the legal descriptions of the properties described in 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 Project. SECTON 7. The funds necessary to acquire the property by purchase or to pay just compensation adjudged due after condemnation shall be paid from the North Link project budget. ADOPTED by the Board of the Central Puget Sound Regional Transit Authority at a regular meeting thereof held on March 25, 2010. ATTEST: Vq!hLUL d w Marcia Walker Board Administrator ' fed Butler Board Vice Chair Resolution No. R2010-04 Page 4 of 4