City of Kent seeks to purchase property rights for street project

The city of Kent will seek to acquire property rights from 25 owners in order to finish the extension of the South 224th Street Corridor Project from 99th Avenue South to 108th Avenue SE along South/SE 216th Street.

City staff has reached agreements with nine property owners, according to a Nov. 18 report to the City Council’s Committee of the Whole by Cheryl Ralsic Wilcox, Public Works property and acquisition analyst. The neighborhood is near Panther Lake Elementary School.

Crews will widen South 216th Street to three lanes from two lanes, install concrete curbs and gutters, sidewalks, paved shoulders, street lighting, storm drainage, sanitary sewer, water main replacement, landscaping and channelization, according to city documents. The project also includes a new roundabout at 100th Avenue South and the undergrounding of overhead utilities into a joint utility trench.

When finished, the South 224th Street Corridor Project will connect Military Road South on the West Hill, including Interstate 5 and the new State Route 509, and the Benson Highway, aka State Route 515 and 108th Avenue SE on the East Hill. The corridor includes portions of South and SE 216th streets, South 218th Street, South 224th Street and South 228th Street.

The city needs portions of each property, not the entire property. In some cases the square footage is less than 1,000 feet while others it’s more than 3,000 square feet.

The council approved an ordinance at its Nov. 18 committee meeting to authorize condemnation of property rights necessary to construct the street project.

“We hope to acquire through direct negotiations,” Wilcox said. “A condemnation lawsuit is the last resort. …if negotiations break down, way down the line we may need condemnation to meet schedule.”

Wilcox said the city had a meeting in August with property owners, has posted public notices in the Kent Reporter and Seattle Times and sent letters to property owners.

Councilmember Zandria Michaud was the lone vote against the ordinance.

“I voted against condemnation solely out of concern that property owners may not have realized what was happening,” Michaud said in a Nov. 19 email. “I also knew the motion would pass without my vote.”

Michaud said she met with staff after the committee meeting.

“I was informed that the property owners have received numerous notices but misunderstood what would be happening at that particular stage of the process, which was passing an ordinance that would allow for, but not necessarily result in, condemnation,” Michaud said. “I also learned that a condemnation determination actually works in a property owner’s favor as it exempts the sale from excise tax.”

Michaud said city staff has taken the right steps.

“I am aware the city follows the law and is fair in our negotiations and relies on condemnation only as a last resort,” she said. “With all of this in mind, I plan to vote in favor of it as a part of our consent calendar on Dec. 9.”

Wilcox said staff is still chasing down a few property owners and that not all of them have received offers.

“At this point we’re not filing any lawsuits,” Wilcox said. “Nobody wants to hear condemnation ordinance, it sounds scary. We want property owners to understand we’re not going to file any lawsuits unless negotiations break down.”

Public Works Director Chad Bieren told the council that planning for this project started 41 years ago in 1984. He said an environmental impact statement was done in 2007, so anybody who has lived in the area for many years knows about the project to extend the street up the hill.

Bieren said construction is expected to start on the South 216th extension, the final phase of the South 224th project, in 2027.

Councilmember Brenda Fincher said no property is being taken with the adoption of the condemnation ordinance.

“The hope is negotiations with neighbors will be completed satisfactory,” Fincher said.