Federal Way Council passes condemnation ordinance for Pacific Highway project

The Federal Way City Council unanimously passed a condemnation ordinance for properties along Pacific Highway South at a council meeting on July 7.

The Federal Way City Council unanimously passed a condemnation ordinance for properties along Pacific Highway South at a council meeting on July 7.

The land is needed to complete the last phase, Phase V, of the Pacific Highway South improvement project, which will widen the highway with high-occupancy vehicle lanes (making it six lanes). Turn lanes, curbs, gutters, sidewalks, lights and utility poles will also be added. The construction will take place from South 340th Street to South 359th Street and will begin in the summer of 2016.

The improvements are a part of the city’s six year Transportation Improvement Program. But before they can start construction, they have to get the land.

“It takes time for us to be able to go through the court system,” said Public Works Director Marwan Salloum. “What we’re doing is trying to get the process started.”

Twelve property owners were notified of the possible condemnation on May 29 and legal notices were published on June 5 and June 12.

The affected property owners include: YRV, LLC, where there is currently a strip mall; Twin Shin Corporation, which owns five properties that Federal Way Auto Sales operates on; Public Storage Prop VI, Inc., which operates a public storage facility; Kubra Property, LLC, the land where Chevron sits; Dhan, LLC, the Day’s Inn property; 35450 Pacific Highway South, LLC, used tire sales; Grahen, LLC, used tire sales; R&G Property Holdings, LLC, land for a vehicle shipyard; Lori A Nichols, LLC, land where Northwest Wellness is; Hyoung Soo Kim, who owns a vacant lot; E. Curtis and Elizabeth A. Nelson; and Chong Nam Yi and Jung H. Roe, who also own a vacant lot.

While in some cases the city will only be taking as little as 2-to-3 feet of property, the average take will be about 12 feet, with the most being 20 feet out from the highway. Salloum said the city will take a full property, which is vacant, to construct a surface water detention and water quality pond. This will be located near South 344th Street off of the highway.

The cost of the lots range from as low as $2,000 to as high as $512,150. The total cost, based on the city’s appraisal, is $1.1 million.

Salloum said Twin Shin Corporation, who owns five land parcels, has agreed to sell the land but there’s so much encumbrance and a lien on the properties it will be difficult to determine who gets the money. Salloum said they will enter into a “friendly condemnation.”

The city is currently in negotiations with 11 property owners, with four having “aggressive negotiations.”

However, Salloum would not disclose who those negotiations are with.

For the properties the city anticipates to condemn, Salloum said it comes down to owners asking for a lot more money without justification.

According to the condemnation ordinance, the city will get the money to pay for all condemnation proceedings through the general fund or available grants.

“Failure to construct such right-of-way improvements will cause traffic counts to continue to exceed capacity within the corridor of State Route 99 between South 340th Street and South 359th Street, create the potential for additional traffic accidents and inhibit economic development with the city and the Commercial Enterprise Zone,” the ordinance, council bill No. 682, states.

An average of more than 30,000 vehicles a day use Pacific Highway South, and the city states it’s currently over capacity.

Salloum said Phase V will cost $24.2 million, with $7 million coming from a federal discretionary grant.

But the city’s ability to obligate and secure the grant is threatened by project delay, so “all due haste is necessary to ensure proper certification of the right-of-way by the Washington State Department of Transportation,” the ordinance continues.

With $5 million in state grant funding anticipated, the city has $2.6 million on top of the $7 million in federal grants. Other funds come from $5.2 million in budgeted city funds, $1.2 million in surface water funds, $1.3 million from the Lakehaven Utility District, $132,000 from Century Link, $90,000 from Comcast, another $90,000 from Zayo, $62,200 from impact fees and $2,200 from interest earnings.

Salloum said the remaining $1.4 million to fund the project will come from a state grant and/or savings from other transportation projects.

The project and all of its phases (phase IV was completed in winter 2011/2012) has been part of the city’s Comprehensive Plan since 1990.

For more information on the project, visit www.cityoffederalway.com.