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Council authorizes possession agreements for Bothell Way multimodal project amid $8M federal deadline

City of Bothell City Council · June 17, 2026
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Summary

Council approved a resolution (4-1) authorizing execution of a possession-and-use agreement with property owners for the Bothell Way Multimodal Improvements Project. Staff said the city risks losing $8 million in federal grants if right-of-way certification is not completed by the 06/01/2027 funding deadline.

City council in Bothell voted 4–1 to authorize the city manager to execute a possession-and-use agreement (including a named agreement with Daniel and Linda Loutsas) and to allow staff to execute future possession-and-use agreements for Phase 1 and 2 of the Bothell Way Multimodal Improvements Project.

Senior capital projects engineer Brenda O'Neil described the corridor improvements—widening the right of way, adding sidewalks, protected two-way bike lanes on the east side, planters, protected U-turns at select locations and associated utility and signal upgrades—and stressed the time sensitivity. "To meet the federal funding obligation deadline of 06/01/2027, the city must complete the right of way certification by February 2027," O'Neil said, adding that failure to meet certification would put "$8,000,000 in federal grants" at risk.

O'Neil said 30 of 37 parcels in phases 1 and 2 are settled or verbally accepted and seven are in condemnation; some owners are willing to grant possession while compensation negotiations continue. Outside counsel Eileen Kiefer (Madrona Law Group) explained the legal mechanics: possession-and-use agreements allow the city immediate possession while the amount placed in the court registry is negotiated or ultimately determined by the court. Right-of-way agent Hutch Goodman told council negotiations vary by parcel; Loutsas negotiations had lasted about six months.

Council member McCurdy moved the resolution authorizing execution of the possession-and-use agreement; the motion passed 4–1 with Council member Al Khabra voting no. Mayor Mason Thompson announced the measure's adoption following roll call. Staff said construction for Phases 1 and 2 is anticipated to begin in fall 2027.

The resolution authorizes payment into court registry when an agreement is signed and does not change ownership—the agreements grant possession while compensation is determined.