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Home My WebLink AboutOrdinance 13-020 Argonne Rd Project CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 13-020 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON,AUTHORIZING AND PROVIDING FOR THE ACQUISITION OF LAND AND PROPERTY INTERESTS FOR THE PURPOSE OF CONSTRUCTION OF THE ARGONNE ROAD CORRIDOR UPGRADES PROJECT, INCLUDING THE NORTH ARGONNE ROAD AND EAST MONTGOMERY AVENUE PORTION THEREOF, WITHIN THE CITY OF SPOKANE VALLEY; PROVIDING FOR CONDEMNATION AND TAKING OF LAND AND PROPERTY INTERESTS NECESSARY THEREFOR; PROVIDING FOR THE COSTS OF SAID PROPERTY ACQUISITION; DIRECTING THE INITIATION OF APPROPRIATE PROCEEDINGS IN THE MANNER PROVIDED BY LAW FOR SAID CONDEMNATION; PROVIDING FOR SEVERABILITY; ESTABLISHING AN EFFECTIVE DATE; AND OTHER MATTERS RELATING THERETO. WHEREAS, on June 11, 2013, the City Council adopted the 2014-2019 Six Year Transportation Improvement Program by Resolution No. 13-006, which included the Argonne Road Corridor Upgrades Project as a priority project necessary to provide for increased roadway capacity and to improve safety; and WHEREAS, the Six Year Transportation Improvement Program is consistent with state law and with the City's Comprehensive Plan; and WHEREAS, the City Council has found that the public health, safety, necessity and convenience demand that the said project be undertaken at this time and that in order to carry out the project it is necessary at this time for the City to acquire land and property interests described herein; and WHEREAS, the City Council finds and declares it necessary and in the best interests of the public that land and property interests described herein be condemned, appropriated, and taken for public use, subject to the making or paying of just compensation to the owners thereof in the manner provided by law; and WHEREAS, notice of the planned final action set forth herein was duly provided in accordance with RCW 8.12.005 and 8.25.290. NOW THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington, ordains as follows: Section 1. The certain land and property interests within the City of Spokane Valley, Spokane County, Washington, in the vicinity of North Argonne Road and East Montgomery Avenue and further described in the attached Exhibits A-D the "properties"), are necessary for construction of the Argonne Road Corridor Upgrades Project(the"project"). Section 2. The City of Spokane Valley finds that construction of the project is a public use, specifically including the widening and improving of North Argonne Road and its curb radii at East Montgomery Avenue to accommodate right turns from northbound North Argonne Road eastbound onto East Montgomery Avenue, together with construction for addition of curb, gutter, sidewalk, signalization, illumination, and associated storm drain work. The City Council specifically finds that construction of the project is necessary and in the best interests of the citizens. If the properties are not acquired and the Ordinance 13-020 Argonne Road Corridor Upgrades Page 1 of 2 project is not constructed,then the Argonne Road Corridor Upgrades Project will not provide the intended long-term operational improvement in level of service, capacity, and public safety. Section 3. The cost and expense of acquiring the properties shall be paid from the City's Street Capital Projects Fund #303 and from other monies applicable thereto or that the City may obtain. The City Manager or his designee is hereby authorized to continue negotiations with and make offers to the owners of the properties for the purposes of making or paying just compensation and to approve the payment of just compensation as negotiated with said owners or as ordered by the Court. Section 4. In the absence of negotiated purchases with the owners of the properties, the City Manager and/or his designees are hereby authorized to commence condemnation proceedings for the properties, pursuant to law, to determine and make or pay just compensation, and to take such other steps as may be necessary to complete acquisition of the properties. In so doing, the City Manager and/or his designees are authorized to adjust the extent of the properties taken or acquired to facilitate implementation of this Ordinance, provided that such adjustment shall not be inconsistent with the project. The City Manager and/or his designees are further authorized to approve and enter into any and all such agreements, stipulations, and orders necessary to carry out the provisions of this Ordinance. Section S. Should any section, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this Ordinance be preempted by state or federal law or regulation, such decision or preemption shall not affect the validity of the remaining portions of this Ordinance or its application to other persons or circumstances. Section 6. This Ordinance shall become effective five days after publication of the Ordinance, or a summary thereof, in the official newspaper of the City. Adopted this 17`h day of December, 2013. City of s. Ile Valley homas E. owey, ayor AT S • Nr Kristine Bainbridge, Ci Clerk Approved as to Form:• Office of e Ci ty A o•n Date of Publication: J.; )Q '/3 Effective Date: i d-- 13 Ordinance 13-020 Argonne Road Corridor Upgrades Page 2 of 2 EXHIBIT A ARGONNE ROAD I . ; . , 4` Y` �"A : `.1 , • z 1 AREA TO SE AQCEIIREDa738 SF Ii -•1 i AREA TO REMAN,20,552 SF i I -`J PRGFQSED MOW—OF—WAY ; 11 E7(IS`l.\'O RIGHT-0r—WAY Ex1S7NG MCHT—OF—WAY--�--; ]III COFFMAN aNGfkEEIsS t.F.Fyr.: !:Sul.JJC :.*rs'Nt ett?3.,^51 533 Z^.4 . SC.? SCALE: 1" 21D. r,417 +10-r-•ane Raad Cxr;.:x ,�.. G7+.of Sitkor,...Varier I s C+3D r"'"" a. C9/28/It ScMWr 8a ROW ,v 13528 EXHIBIT B Parcel 45083.0238 That Portion of Tract 361 of Opportunity Plat No. 2 as per plat thereof recorded in Volume"Q"of Plats, page 41, Spokane County, Washington; Beginning at a point 25.00 feet East of the Northwest corner of the North 67 feet of the South 448 feet of the West 145 feet of said Tract 361; thence N.02°09'32"W., along a line 25.00 feet east and parallel to the West line of said Tract 361, 170.42 feet; thence N.60°24'03"E., 24.79 feet to the South right of way line of Montgomery Avenue; thence N.86°43'41"E., along said South line, 26.92 feet; thence S.84°41'54"W., 16.64 feet to the beginning of a curve to the left the radius of which bears S.08°00'31"E., a distance of 31.50 feet; thence along said curve to the left, through a central angle of 15°42'43", an arc distance of 8.64 feet; thence S.42°33'55"W., 25.34 feet to the beginning of a curve to the left the radius of which bears S.71°08'56"E., a distance of 31,50 feet; thence along said curve to the left, through a central angle of 20°18'08, an arc distance of 11.16 feet; thence 5.01°27'04"E., 141.07 feet; thence S.15°52`38"E., 1.89 feet; thence S.01°50'28"E., 7.56 feet to the North line of the North 67 feet of the South 448 feet of the West 145 feet of said Tract 361; thence S.86°4627"W., along said North line, 2.67 feet to the Point of Beginning. Containing--738 SF J IIHIHX3 N.ARGONNE ROAD r • r 2S-w ze-ye 635' 11 rc 97-W.,• 7.2` • 3.2.ea • I 1 N 4.21' 2r EY E 1; I , •'1 1.4),•13" 111 !.. SCALE: Wrikr• jelSit3 EFIFm *,,ts* 9917,1 Eo3 31S 7nx 5171 329:9/9 754.1 Argonne Rood tvidor cro T Gly Spa.,,Vetbf 0111217::3 Taro:ray Construcrora&swore 10528 EXHIBIT D Temporary Construction Easement Parcel 45083,0238 A Temporary Construction Easement over, under and across that Portion of Tract 361 of Opportunity Plat No. 2 as per plat thereof recorded in Volume "Q" of Plats, page 41, Spokane County, Washington; lying West and North of the following described line; Beginning at a point 32,67 feet East of the Northwest corner of the North 67 feet of the South 448 feet of the West 145 feet of said Tract 361; thence N.01°50'28"W., 8.05 feet; thence N.15°52'38"W., 1.87 feet; thence N.01°27'04"W., 68.13; thence N.87°53'28"E., 10.87 feet; thence N.02°04'32"W., 31.71 feet; thence N.00°58'16"W., 32.88 feet; thence N.00°54'39"E., 8.34 feet; thence N.40°27`57"E., 21.75 feet; thence N.86°27'26"E., 44.93' feet; thence N.03°18'50"W., 14.83 feet to the South right of way line of Montgomery Avenue and the terminus of this Temporary Construction Easement. Temporary Construction Easement to terminate at completion of construction.