Ordinance 09-014 Amending Eminent Domain in Havana Street Bridge Project CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO.09-014
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON,
AMENDING ORDINANCE 09-007 WHICH PROVIDED FOR THE ACQUISITION BY EMINENT
DOMAIN OF CERTAIN LANDS NECESSARY TO BE ACQUIRED FOR PUBLIC PURPOSES IN
CONNECTION WITH THE HAVANA STREET BRIDGE PROJECT, LOCATED IN THE CITY OF
SPOKANE VALLEY,COUNTY OF SPOKANE, STATE OF WASHINGTON.
RECITALS
WHEREAS,the City of Spokane Valley, Washington (the "City") is a code city duly organized and
existing under and by virtue of the constitution and laws of the State of Washington;and
WHEREAS,the laws of the State of Washington(RCW 35A.21.160) provide that the City possesses
all of the powers which any city of any class may have;and
WHEREAS, the laws of the State of Washington, RCW 35.22.280(7) provide that the City may
establish, open, alter, widen, extend, and otherwise improve streets, alleys, avenues, sidewalks, and other
public property in order to promote the best interest of the City;and
WHEREAS, the Constitution of the State of Washington, Article I Section 16 and the laws of the
State of Washington RCW 35.22.280(6)allow the City to purchase or appropriate private property for public
use upon making just compensation to the owners pursuant to RCW Chapter 8.12;and
WHEREAS, the City has determined that it is in the City's best interest to cooperate with and
facilitate the City of Spokane's completion of the Havana Street Overpass Project, as set forth in City of
Spokane Public Works file number 2004062;and
WHEREAS,the property identified in Exhibit"A" is necessary to complete the Project;and
WHEREAS, pursuant to RCW 8.25.290, notice has been mailed to each and every property owner of
record, as indicated on the tax rolls of Spokane County according to such addresses shown on such rolls, at
least fifteen (15)days prior to the City Council taking final action on this ordinance, including publication of
notice of this ordinance in the Spokesman Review and the Spokane Valley News Herald for two (2)
consecutive weeks before final action by the City Council.
NOW,THEREFORE,The City of Spokane Valley does ordain:
Section 1. Public use and necessity requires the City of Spokane Valley to acquire the land and
property, and interests therein, as described in Exhibit "A," for public purposes in order to complete the
Havana Street Bridge Project, including utilities and related improvements, all as set forth in City of Spokane
Public Works file number 2004062.
Section 2. Subject to the terms and conditions of the Amended Interlocal, a copy of which is
attached hereto as Exhibit"B", the City Attorney and duly appointed Special Counsel are hereby authorized
and directed to commence an action or actions in the Superior Court of Spokane County, State of
Washington, in the name of the City of Spokane Valley,to acquire and take by eminent domain the lands and
property interests necessary to be acquired for the purposes set forth herein,the lands and property interests to
Ordinance 09-014 Amending 09-007 Eminent Domain Page 1 of 6
be so taken situate in the City of Spokane Valley, County of Spokane, all in the State of Washington, and
more specifically described in Exhibit"A",attached hereto and by this reference made a part hereof.
Section 3. The Office of the City Attorney for the City of Spokane is hereby for the purposes set
forth herein appointed as special counsel to the City of Spokane Valley. Said firm shall provide all legal
services in conjunction with the Office of the City Attorney for the purpose of representing the joint interests
of the City of Spokane Valley and the City of Spokane as expressed in this ordinance.
Section 4. That compensation for the land and property interests described in Exhibit "A" and all
associated costs, expenses, damages and attorney fees shall be solely payable by the City of Spokane from
fund account number 3200-94991-95200-56102, and funds which are allocated toward the Havana Street
Bridge Project by the City of Spokane Department of Construction Services, pursuant to file number
2004062.
PASSED by the City of Spokane Valley City Council this 21'da of July,2009.
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RI ' it -7-trIT NNY DEPUTY MA AIR
Attest:
A e /
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istine:ainbridge,Ci ty Clerk /
Approved As To Form:.,,,_
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Office of the City Attorney
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Date of Publication: July 31, 2009
Effective Date: August 5,2009
Ordinance 09-014 Amending 09-007 Eminent Domain Page 2 of 6
Exhibit"A"
Legal Description
That portion of the Southwest quarter of the Northwest quarter of Section 14, Township
25 North, Range 43 East, W.M., in the City of Spokane Valley, Spokane County,
Washington, described as follows:
BEGINNING at the intersection of the North line of Broadway Avenue and the East line
of Havana Street;
Thence North 360 feet along the East line of Havana Street;
Thence East 300 feet;
Thence South 360 feet to the North line of Broadway Avenue;
Thence West 300 feet to the POINT OF BEGINNING.
APN: 351 42.9078
APN: 35142.9041
Ordinance 09-014 Amending 09-007 Eminent Domain Page 3 of 6
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Exhibit"B"
Amended Interlocal
Return to: City of Spokane
Attn: Clerk
808 W Spokane Falls Blvd
Spokane, WA 99201
FIRST AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN THE CITY OF
SPOKANE AND THE CITY OF SPOKANE VALLEY REGARDING ACQUISITION OF
PROPERTY BY EMINENT DOMAIN FOR THE HAVANA STREET BRIDGE PROJECT
THIS FIRST AMENDMENT to the Interlocal Agreement Between the City of
Spokane and the City of Spokane Valley Regarding the Havana Street Bridge Project, is
made and entered into by and between the City of Spokane, a Washington municipal
corporation, and the City of Spokane Valley, a Washington municipal corporation, jointly
hereinafter referred to as the "parties."
WITNESSETH:
WHEREAS, on or about April 14, 2009, the parties previously entered into an
Interlocal Agreement Between the City of Spokane and the City of Spokane Valley
Regarding Acquisition of Property by Eminent Domain for the Havana Street Bridge
Project (the "Agreement"); and
WHEREAS, the parties wish to amend the Agreement to address ownership of the
property to be acquired according to the terms of the Agreement.
NOW, THEREFORE, the parties agree as follows:
1. AGREEMENT DOCUMENTS. The Agreement dated April 15, 2009, is
incorporated by reference into this First Amendment as though written in full and shall
remain in full force and effect except as provided herein.
Ordinance 09-014 Amending 09-007 Eminent Domain Page 4 of 6
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2. AMENDMENT OF SECTION NO. 2. Section No. 2 of the Agreement is
amended as follows:
SECTION NO. 2: APPLICABILITY OF THIS AGREEMENT
The parties agree that the provisions of this Agreement shall apply to the
land and property described in the amended ordinance attached hereto as
Exhibit "1" ("Eminent Domain Ordinance").
3. AMENDMENT OF SECTION NO. 3. Section No. 3 of the Agreement is
amended as follows:
SECTION NO. 3: ACQUISITION OF PROPERTY BY EMINENT
DOMAIN
Upon final action or legislative approval of the Eminent Domain Ordinance
by the City of Spokane Valley, the Office of City Attorney for the City of
Spokane may commence an action or actions in the Superior Court of
Spokane County, State of Washington, in the name of the City of Spokane
Valley, to acquire and take by eminent domain the lands and property
interests described in the Eminent Domain Ordinance (the "Property"), the
parties having found that the Property described therein is necessary for the
Project. The title to the Property described in the ordinance approved by the
Spokane Valley City Council on April 14, 2009 shall vest in the City of
Spokane Valley for public street purposes and all uses incidental thereto,
subject to such rights as the City of Spokane determines are necessary, in
its sole discretion, for constructing the Project, maintaining, repairing, and
replacing the subsequently improved public right-of-way and related
appurtenances, and enforcement of traffic-related laws and regulations.
Title to the balance of the Property described in the Eminent Domain
Ordinance as amended shall vest in the City of Spokane. The parties
acknowledge and understand that title to said property may first vest in the
City of Spokane Valley pursuant to a judgment vesting title to the same in
litigation authorized by the Eminent Domain Ordinance. The City of
Spokane Valley shall, within ten (10) days of a written request by the City of
Spokane, execute any and all documents reasonably requested by the City
of Spokane (including by way of example only a quit claim deed conveying
the City of Spokane Valley's entire interest in the property to the City of
Spokane in substantial form and content as set forth in Exhibit 2 to this First
Amendment) to perfect the City of Spokane's ownership of the Property.
The City of Spokane Valley shall execute and deliver said documents to the
City of Spokane at no cost to the City of Spokane; provided the City of
Ordinance 09-014 Amending 09-007 Eminent Domain Page 5 of 6
i
,
Spokane shall bear all costs associated with recording any such documents
in the official records of Spokane County.
IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be
executed on date and year opposite their respective signatures.
DATED: CITY OF SPOKANE
By:
Its:
Attest: Approved as to form:
City Clerk Assistant City Attorney
DATED: CITY OF SPOKANE VALLEY
By:
DAVID MERCIER
Its: City Manager
Attest: Approved as to form:
Christine Bainbridge, City Clerk Office of City Attorney
Ordinance 09-014 Amending 09-007 Eminent Domain Page 6 of 6
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SCITY Ors
\,'i11ey° 11707 E.Sprague Ave. • Suite 106 • Spokane Valley,WA 99206
(509)921-1000• Fax(509) 921-1008• cityhall @spokanevalley.org
I, Christine Bainbridge, City Clerk for the City of Spokane Valley, Washington,do hereby certify
that the attached is a full, true, and correct copy of Ordinance 09-014 approved by the Spokane Valley
City Council at its July 21,2009 Council meeting.
WITNESS my hand and official seal this 23rd day of July 2009.
, huff; .4f1/ i
Christine Bainbridge, Spokane Valley - -•4-
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