Ordinance 09-007 Eminent Domain in Havana Street Bridge Project CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 09-007
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON,PROVIDING 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.
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.
WHEREAS, the Constitution of the State of Washington, Article 1 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.
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.
WHEREAS,the property identified in Exhibit"A"is necessary to complete the Project.
WHEREAS,pursuant to RCW 8.25.290, notice has been mailed to each and every property owner of
records, 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 Exhibits"A"and"B",together with such additional temporary
construction easements as are deemed necessary by the City of Spokane, 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 Interlocal Agreement, a copy of which is
attached hereto as Exhibit"C", 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 09-007 Page 1 of 19
be so taken situate in the City of Spokane Valley, County of Spokane, all in the State of Washington, and
more specifically described in Exhibits "A" and `B", attached hereto and by this reference made a part
hereof, together with such amendments thereto and such additional temporary construction easements as are
deemed necessary by City staff to complete the project.
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 "B"
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 AN ay of April,2009.
Art
h , A
ifY.Af/ - '
'is i- • Mun•on, Mayor
Attest:
/ /
/i►'/.Ii
ristine Bainbridge,City Clerk
Approved As To Form:
/
i,,,,LI
Of.ice o the City Attorney
Date of Publication: 9 f� 9-6 9
Effective Date: L. f o2 9-5 9' ,
Ordinance 09-007 Page 2 of 19
Exhibit"A"
Legal Description of Take
Hite Acquisition (Portion of Assessor's Parcel No. 35142.9041)
All that portion of the northwest quarter of Section 14, Township 25 N., Range 43,
E.W.M., lying within the hereinafter described Parcel"A"described as follow:
Beginning at the intersection of the north right of way line of Broadway Avenue and the
east right of way of Havana Street; said point of beginning bears N.88°12'37"E., 30.00
feet from the west section line of said Section 14 and N.01°59'41"W., 30.00 feet from the
West ''A corner of said Section 14; thence N.01°59'41" W., along the east right of way
line of Havana Street, 300.00 feet; thence N.88°12'37"E., 50.00 feet; thence
S.01°59'41"E., 70.00 feet; thence S.43°06'28"W., 63.53 feet; thence S.01°59'41"E.,
parallel to and 5.00 feet east of the east right of way line of Havana Street, 175.00 feet;
thence S.46°53'32"E., 14.17 feet, to the north right of way line of Broadway Avenue,
thence S.88°12'37"W., along said north right of way line, 15.00 feet to the point of
beginning.
Parcel "A":
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 300 feet along the East line of Havana Street;
Thence East 300 feet;
Thence South 300 feet to the North line of Broadway Avenue;
Thence West 300 feet to the POINT OF BEGINNING;
(Contains 5,712 sq. ft.)
Hite Acquisition(Portion of Assessor's Parcel No. 35142.9078)
All that portion of the northwest quarter of Section 14, Township 25 N., Range 43,
E.W.M., lying within the hereinafter described Parcel"A"described as follow:
Beginning on the east right of way line of Havana Street, said point of beginning bears
N.88°12'37"E., 30.00 feet; thence N.01°59'41"W., 330.00 feet, from the West '/4 corner
of said Section 14; thence N.01°59'41"W., along said east right of way line, 60.00 feet to
the northwest corner of said parcel; thence N.88°12'37"E., along the north line of said
parcel 50.00 feet; thence S.01°59'41"E., 60.00 feet, to the south line of said parcel;
thence S.88°12'37"W., along said south line, 50.00 feet,to the point of beginning.
Ordinance 09-007 Page 3 of 19
Parcel"A": •
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 300 feet along said East line to the TRUE POINT OF BEGINNING;
Thence continuing North 60 feet along said East line;
Thence East 300 feet;
Thence South 60 feet;
Thence West 300 feet to the TRUE POINT OF BEGINNING.
(Contains 3,000 sq. ft.)
Ordinance 09-007 Page 4 of 19
Exhibit"B"
Legal Description of Temporary Construction Easement
Hite Temporary Construction Easement(Portion of Assessor's Parcel No. 35142.9041)
A 10 foot wide Temporary Construction Easement lying east of and adjacent to the
following described parcel:
All that portion of the northwest quarter of Section 14, Township 25 N., Range 43,
E.W.M., lying within the hereinafter described Parcel"A"described as follow:
Beginning at the intersection of the north right of way line of Broadway Avenue and the
east right of way of Havana Street; said point of beginning bears N.88°1 2'37"E., 30.00
feet from the west section line of said Section 14 and N.01°59'41"W., 30.00 feet from the
West 1/4 corner of said Section 14; thence N.01°59'41" W., along the east right of way
line of Havana Street, 300.00 feet; thence N.88°12'37"E., 50.00 feet; thence
S.01°59'41"E., 70.00 feet; thence S.43°06'28"W., 63.53 feet; thence S.01°59'41"E.,
parallel to and 5.00 feet east of the east right of way line of Havana Street, 175.00 feet;
thence S.46°53'32"E., 14.17 feet, to the north right of way line of Broadway Avenue,
thence S.88°12'37"W., along said north right of way line, 15.00 feet to the point of
beginning.
Parcel "A":
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 300 feet along the East line of Havana Street;
Thence East 300 feet;
Thence South 300 feet to the North line of Broadway Avenue;
Thence West 300 feet to the POINT OF BEGINNING;
(Contains 3,236 sq. ft.)
Hite Temporary Construction Easement(Portion of Assessor's Parcel No. 35142.9078)
A 10 foot wide Temporary Construction Easement east of and adjacent to the following
described parcel:
All that portion of the northwest quarter of Section 14, Township 25 N., Range 43,
E.W.M., lying within the hereinafter described Parcel "A"described as follow:
Beginning on the east right of way line of Havana Street, said point of beginning bears
N.88°12'37"E., 30.00 feet; thence N.01°59'41"W., 330.00 feet, from the West '/4 corner
of said Section 14; thence N.01°59'41"W., along said east right of way line, 60.00 feet to
the northwest corner of said parcel; thence N.88°12'37"E., along the north line of said
Ordinance 09-007 Page 5 of 19
parcel 50.00 feet; thence S.01°59'41"E., 60.00 feet, to the south line of said parcel;
thence S.88°12'37"W., along said south line, 50.00 feet,to the point of beginning.
And the north 10 feet of the west 175.22 feet, except the west 50 feet of the hereinafter
described parcel "A".
Parcel"A":
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 300 feet along said East line to the TRUE POINT OF BEGINNING;
Thence continuing North 60 feet along said East line;
Thence East 300 feet;
Thence South 60 feet;
Thence West 300 feet to the TRUE POINT OF BEGINNING.
(Contains 1,723 sq. ft.)
Ordinance 09-007 Page 6 of 19
Exhibit"C"
Interlocal Agreement
Return to: City of Spokane
Attn: Clerk
808 W Spokane Falls Blvd
Spokane,WA 99201
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 AGREEMENT, 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, the City of Spokane is a first class charter city duly organized and existing under and
by virtue of the constitution and laws of the State of Washington,and the Charter of the City;and
WHEREAS, the City of Spokane Valley 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 35.22.280(7)) provide that the City of
Spokane 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 laws of the State of Washington (RCW 35A.21.160) provide that the City of
Spokane Valley possesses all of the powers which any city of any class may have; and
WHEREAS, the Constitution of the State of Washington, Article [ Section 16 and the laws of the
State of Washington allow cities to purchase or appropriate private property for public use upon making just
compensation to the owners pursuant to Chapter 8.12 RCW; and
WHEREAS, RCW 8.12.030 authorizes cities to condemn land and property for streets and bridges
within the limits of such cities;and
WHEREAS,the parties have determined that it is in the best interests of both cities to construct the
Havana Street Bridge Project, as set forth in the City of Spokane Public Works File Number 2004062
(hereinafter the"Project");and
WHEREAS,the property described in this Agreement is necessary to complete the Project;and
WHEREAS,said property which is necessary to complete the Project is located within the corporate
limits of the City of Spokane Valley;and
Ordinance 09-007 Page 7 of 19
WHEREAS,the City of Spokane Valley has agreed to assist the City of Spokane in acquiring such
property according to the terms of this Agreement;and
WHEREAS,Havana Street forms the corporate boundary between the City of Spokane and the City
of Spokane Valley,but in places the eastern half of Havana Street remains unincorporated and under the care
and responsibility of Spokane County; and
WHEREAS,the City of Spokane is engaged in discussions with Spokane County that will result in
the revision of the City of Spokane's corporate boundary to coincide with the eastern edge of Havana Street
so as to fully include Havana Street within the corporate limits of the City of Spokane at all places where
Havana Street lies on the City of Spokane's eastern corporate limits;and
WHEREAS, Chapter 39.34 RCW authorizes parties to enter into agreements for joint or cooperative
action to exercise any power or powers, privileges, or authority exercised or capable of exercise by either of
the parties;and
WHEREAS, pursuant to RCW 8.25.290, notice has been mailed to each and every property owner
of records,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 Agreement and related ordinance,
including publication of notice of the ordinance in the Spokesman Review and Spokane Valley News Herald
for two(2)consecutive weeks before final action by the City Council.
NOW, THEREFORE, in consideration of the facts and recitals set forth hereinabove, which are
adopted herein and made a part of this Agreement and which the parties mutually agree constitute good and
adequate consideration for the obligations of the parties set forth herein,the parties hereby agree as follows:
SECTION NO. 1: PURPOSE
The purpose of this Agreement is to set forth certain agreements between the City of Spokane and the City of
Spokane Valley relating to acquisition of privately owned land and property by eminent domain as is
necessary for construction of the Project.
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
ordinance attached hereto as Exhibit"A"("Eminent Domain Ordinance").
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 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 the subsequently improved public right-of-way, and enforcement of
traffic-related laws and regulations.
Ordinance 09-007 Page 8 of 19
SECTION NO. 4: RELOCATION ASSISTANCE
Relocation assistance shall be made available to eligible owners and tenants of the Property.
Responsibility for any such costs shall be borne by the City of Spokane as set forth in Section No. 5
below.
SECTION NO. 5: RESPONSIBILITY FOR ACQUISITION COSTS
In recognition that the City of Spokane has assumed responsibility for construction of the Project and that
acquisition of the Property is necessary for the Project, as between the parties, the City of Spokane shall
be responsible and hereby agrees to pay all Acquisition Costs relating to the Property, as the term
Acquisition Costs is defined in this section. For purposes of this Agreement, Acquisition Costs means any
and all costs pertaining to efforts to acquire and acquisition of the Property. Without limiting the generality
of the foregoing, such costs may include: (a) amounts payable as part of any voluntary agreement and/or
settlement relating to acquisition of the Property; (b)amounts awarded by a court/jury to the owner(s)of the
Property as just compensation following trial, including any attorneys fees and costs awarded by the court to
the owner(s)and/or their attorneys; (c)amounts paid to the owner(s)of the Property and/or their attorneys as
attorneys fees and costs upon discontinuance and/or abandonment of efforts to acquire the Property by
eminent domain; (d) any relocation assistance paid to such owner(s) or seller(s), whether or not required
under Chapter 8.26 RCW;and(e)costs of necessary appraisals and title insurance to acquire the Property.
SECTION NO. 6: INDEMNITY
The City of Spokane shall defend, indemnify and hold the City of Spokane Valley, its officers, officials,
employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including
attorney fees, arising out of or in connection with the performance of this agreement, except for injuries
and damages caused by the sole negligence of the City of Spokane Valley.
Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, then,
in the event of liability for damages arising out of bodily injury to persons or damages to property caused
by or resulting from the concurrent negligence of the City of Spokane and its officers, officials,
employees, and volunteers, and the City of Spokane Valley, its officers, officials, employees, and
volunteers, the City of Spokane's liability hereunder shall be only to the extent of the City of Spokane's
negligence, or that of its officers, officials, employees, and volunteers.
SECTION NO. 7: CONFIDENTIAL INFORMATION
The parties acknowledge that they, with the support of counsel, appraisers, and other consultants, are
engaging in a cooperative venture for their joint benefit. In furtherance of this cooperative venture and
the parties' common interests in obtaining the Property, the parties and their respective legal counsel
agree to share information relating to such efforts. Such exchanges and disclosures will be for the
exclusive purpose of facilitating the parties' common interests in the acquisition of the Property and will
not diminish in any way the confidentiality of the materials exchanged, nor will this exchange constitute a
waiver of any of the parties' attorney-client or work product privileges. To the extent allowed by law,
and consistent with the parties' respective obligations under the Public Records Act, Chapter 42.56 RCW,
the parties each agree to preserve and protect the confidentiality of all financial, valuation, and other
proprietary information that they may obtain, and to create and preserve any applicable attorney/client
and litigation work product privileges, and public record disclosure exemptions, in compliance with
applicable State law.
Ordinance 09-007 Page 9 of 19
SECTION NO. 8: CONTROL OF PROJECT
Although the parties may consult and assist the City of Spokane with the acquisition of the Property and
the Project,the City of Spokane shall retain final decision making authority and discretion regarding such
acquisition and the completion of the Project. The City of Spokane shall pay the costs and expenses to be
incurred in connection with the construction of the Project.
SECTION NO.9: ADMINISTRATION
The City of Spokane hereby designates its City Attorney as its representative for the purpose of implementing
this Agreement. The City of Spokane Valley hereby designates its City Attorney as its representative for the
purpose of implementing this Agreement.
SECTION NO. 10: TERMINATION
This Agreement may be terminated at any time by mutual written consent of the City of Spokane and the City
of Spokane Valley.
SECTION NO. 11: DEFAULT
It shall be an "Event of Default"under this Agreement if either of the parties to perform, observe, or comply
with the covenants, agreements, or conditions on its part contained in this Agreement, where that failure
continues for a period of fifteen(15)days after written notice from the non-defaulting party.
SECTION NO. 12: REMEDIES
In the event of any Event of Default, the non-defaulting party may at any time, without waiving or limiting
any other right or remedy, pursue any remedy allowed by law including, by way of example and without
limitation, specific performance, declaratory judgment, and other equitable remedies, and recovery of
attorney's fees and other costs for such enforcement action.
SECTION NO. 13: NOTICE
All notices shall be in writing and served on any of the PARTIES either personally or by certified mail,return
receipt requested,to the persons below designated as contact persons. Notices sent by certified mail shall be
deemed served when deposited in the United State mail,postage prepaid.
CITY OF SPOKANE: City Attorney
808 West Spokane Falls Blvd
Spokane, Washington 99201
CITY OF SPOKANE VALLEY: City Attorney
11707 E Sprague,Room 103
Spokane Valley,WA 99206
SECTION NO. 14: AGREEMENT TO BE FILED
The City of Spokane shall file this Agreement with its City Clerk and with the County Auditor. The City
of Spokane Valley shall file this Agreement with its City Clerk.
Ordinance 09-007 Page 10 of 19
SECTION NO. 15: COMPLIANCE WITH LAWS
The parties shall observe all applicable federal, state and local laws, ordinances and regulations in
conjunction with meeting their respective obligations under the terms of this Agreement.
SECTION NO. 16: VENUE STIPULATION
The laws of the State of Washington shall be applicable to the construction and enforcement of this
Agreement. Any action at law, suit in equity or judicial proceeding regarding this Agreement shall be
instituted only in courts of competent jurisdiction within Spokane County, Washington.
SECTION NO. 17: MODIFICATION
No modification or amendment of this Agreement shall be valid until the same is reduced to writing and
executed with the same formalities as this present Agreement.
SECTION NO. 18: WAIVER
No officer, employee, agent or otherwise of any party has the power, right or authority to waive any of the
conditions or provisions of this Agreement. No waiver of any breach of this Agreement shall be held to be a
waiver of any other or subsequent breach. All remedies afforded in this Agreement or at law shall be taken
and construed as cumulative,that is, in addition to every other remedy provided herein or by law.
SECTION NO. 19: ALL WRITINGS CONTAINED HEREIN
This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings,
oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind the
parties. The parties have read and understand all of this Agreement, and now state that no representation,
promise or agreement not expressed in this Agreement has been made to induce any of them to execute it.
SECTION NO.20: HEADINGS
The section headings in this Agreement have been inserted solely for the purpose of convenience and ready
reference. In no way do they purport to, and shall not be deemed to, define, limit or extend the scope or
intent of the sections to which they pertain.
SECTION NO.21: SEVERABILITY
In the event any portion of this Agreement should become invalid, or otherwise unenforceable,the rest of this
Agreement shall remain in full force and effect.
SECTION NO.22: BINDING EFFECT
Both parties warrant that they have the full power and authority to execute and deliver this Agreement and to
perform their respective obligations under this Agreement. This Agreement constitutes a valid and legally
binding obligation of both parties and is enforceable in accordance with its provisions.
SECTION NO.23: TIME IS OF THE ESSENCE
Time is of the essence of this Agreement.
Ordinance 09-007 Page 11 of 19
SECTION NO.24: RCW 39.34 REQUIRED CLAUSES.
A. PURPOSE.
See Section No 1 above.
B. DURATION.
See Section No. 10 above.
C. ORGANIZATION OF SEPARATE ENTITY AND ITS POWERS.
See Section No. 9 above. No separate legal entity is necessary in conjunction with this Agreement.
D. RESPONSIBILITIES OF THE PARTIES.
See provisions above.
E. AGREEMENT TO BE FILED.
See Section No. 14 above.
F. FINANCING.
See Section No. 5 above.
G. TERMINATION.
See Section No. 10 above.
H. PROPERTY UPON TERMINATION.
See Section No. 3.
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
Ordinance 09-007 Page 12 of 19
DATED: CITY OF SPOKANE VALLEY
By:
Its:
Attest: Approved as to form:
City Clerk City Attorney
Ordinance 09-007 Page 13 of 19
Exhibit A
AN ORDINANCE PROVIDING 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.
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, alley, avenues, sidewalks, and other
public property in order to promote the best interest of the City.
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.
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.
WHEREAS,the property identified in Exhibit"A"is necessary to complete the Project.
WHEREAS,pursuant to RCW 8.25.290,notice has been mailed to each and every property owner of
records, 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 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 Exhibits"A"and "B",together with such additional temporary
construction easements as are deemed necessary the City of Spokane, 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 Interlocal Agreement, a copy of which is
attached hereto as Exhibit"C", 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
be so taken situate in the City of Spokane Valley, County of Spokane, all in the State of Washington, and
more specifically described in Exhibits "A" and "B", attached hereto and by this reference made a part
Ordinance 09-007 Page 14 of 19
hereof, together with such amendments thereto and such additional temporary construction easements as are
deemed necessary by City staff to complete the project.
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 "B"
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 day of ,2009.
MAYOR
Attest:
City Clerk
Ordinance 09-007 Page 15 of 19
Exhibit"A"
Legal Description of Take
Hite Acquisition(Portion of Assessor's Parcel No. 35142.9041)
All that portion of the northwest quarter of Section 14, Township 25 N., Range 43,
E.W.M., lying within the hereinafter described Parcel "A"described as follow:
Beginning at the intersection of the north right of way line of Broadway Avenue and the
east right of way of Havana Street; said point of beginning bears N.88°12'37"E., 30.00
feet from the west section line of said Section 14 and N.01°59'41"W., 30.00 feet from the
West V4 corner of said Section 14; thence N.01°59'41" W., along the east right of way
line of Havana Street, 300.00 feet; thence N.88°12'37"E., 50.00 feet; thence
S.01°59'41"E., 70.00 feet; thence S.43°06'28"W., 63.53 feet; thence S.01°59'41"E.,
parallel to and 5.00 feet east of the east right of way line of Havana Street, 175.00 feet;
thence S.46°53'32"E., 14.17 feet, to the north right of way line of Broadway Avenue,
thence S.88°12'37"W., along said north right of way line, 15.00 feet to the point of
beginning.
Parcel "A":
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 300 feet along the East line of Havana Street;
Thence East 300 feet;
Thence South 300 feet to the North line of Broadway Avenue;
Thence West 300 feet to the POINT OF BEGINNING;
(Contains 5,712 sq. ft.)
Hite Acquisition (Portion of Assessor's Parcel No. 35142.9078)
All that portion of the northwest quarter of Section 14, Township 25 N., Range 43,
E.W.M., lying within the hereinafter described Parcel "A" described as follow:
Beginning on the east right of way line of Havana Street, said point of beginning bears
N.88°12'37"E., 30.00 feet; thence N.01°59'41"W., 330.00 feet, from the West 1/4 corner
of said Section 14; thence N.01°59'41"W., along said east right of way line, 60.00 feet to
the northwest corner of said parcel; thence N.88°12'37"E., along the north line of said
parcel 50.00 feet; thence S.01°59'41"E., 60.00 feet, to the south line of said parcel;
thence S.88°12'37"W., along said south line, 50.00 feet,to the point of beginning.
Ordinance 09-007 Page 16 of 19
Parcel "A":
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 lure of Broadway Avenue and the East line
of Havana Street;
Thence North 300 feet along said East line to the TRUE POINT OF BEGINNING;
Thence continuing North 60 feet along said East line;
Thence East 300 feet;
Thence South 60 feet;
Thence West 300 feet to the TRUE POINT OF BEGINNING.
(Contains 3,000 sq. ft.)
Ordinance 09-007 Page 17 of 19
Exhibit`B"
Legal Description of Temporary Construction Easement
Hite Temporary Construction Easement(Portion of Assessor's Parcel No. 35142.9041)
A 10 foot wide Temporary Construction Easement lying east of and adjacent to the
following described parcel:
All that portion of the northwest quarter of Section 14, Township 25 N., Range 43,
E.W.M., lying within the hereinafter described Parcel"A"described as follow:
Beginning at the intersection of the north right of way line of Broadway Avenue and the
east right of way of Havana Street; said point of beginning bears N.88°12'37"E., 30.00
feet from the west section line of said Section 14 and N.01°59'41"W., 30.00 feet from the
West '/4 corner of said Section 14; thence N.01°59'41" W., along the east right of way
line of Havana Street, 300.00 feet; thence N.88°12'37"E., 50.00 feet; thence
S.01°59'41"E., 70.00 feet; thence S.43°06'28"W., 63.53 feet; thence S.01°59'41"E.,
parallel to and 5.00 feet east of the east right of way line of Havana Street, 175.00 feet;
•
thence S.46°53'32"E., 14.17 feet, to the north right of way line of Broadway Avenue,
thence S.88°12'37"W., along said north right of way line, 15.00 feet to the point of
beginning.
Parcel "A":
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 300 feet along the East line of Havana Street;
Thence East 300 feet;
Thence South 300 feet to the North line of Broadway Avenue;
Thence West 300 feet to the POINT OF BEGINNING;
(Contains 3,236 sq. ft.)
Hite Temporary Construction Easement(Portion of Assessor's Parcel No. 35142.9078)
A 10 foot wide Temporary Construction Easement east of and adjacent to the following
described parcel:
All that portion of the northwest quarter of Section 14, Township 25 N., Range 43,
E.W.M., lying within the hereinafter described Parcel "A"described as follow:
Beginning on the east right of way line of Havana Street, said point of beginning bears
N.88°12'37"E., 30.00 feet; thence N.01°59'41"W., 330.00 feet, from the West '/4 corner
of said Section 14; thence N.01°59'41"W., along said east right of way line, 60.00 feet to
the northwest corner of said parcel; thence N.88°12'37"E., along the north line of said
Ordinance 09-007 Page 18 of 19
parcel 50.00 feet; thence S.01°59'41"E., 60.00 feet, to the south line of said parcel;
thence S.88°12'37"W., along said south line, 50.00 feet,to the point of beginning.
And the north 10 feet of the west 175.22 feet, except the west 50 feet of the hereinafter
described parcel "A".
Parcel "A":
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 300 feet along said East line to the TRUE POINT OF BEGINNING;
Thence continuing North 60 feet along said East line;
Thence East 300 feet;
Thence South 60 feet;
Thence West 300 feet to the TRUE POINT OF BEGINNING.
(Contains 1,723 sq. ft.)
Ordinance 09-007 Page 19 of 19
C]TY O
So pkane
% i11ti °
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 09-007, approved by the Spokane Valley
City Council at its April 14, 2009 Council meeting.
WITNESS my hand and official seal this 23`d day of April,2009.
Christine Bainbridge, Spokane Vall City Clerk
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