17-043.00 Epic Land Solutions: Anker Settlement Pines & Grace Intersection 17-OS
c�n 11\brisk Public Works Department
Siôkane
Capital improvement Program
11707 E Sprague Ave Suite 106 + Spokane Valley WA 99206
509.921.1000 ♦ Fax: 509.688-0261 • cityhall®spokanevalley.org
Memorandum
Date: March 9,2017
To: Mark Calhoun, City Manager
From: Morgan Bishop, Contract Property and Acquisition Specialist
Subject: Administrative Settlement
RE: SR 27 (PINES RD)AND GRACE AVE INTERSECTION SAFETY PROJECT
Property Owner(s): Thomas and Stacey Anker
Assessor's Parcel No(s): 45091.0847
Right of Way Plan Sheet: 1 of 1
Amount of approved DV: $5,540.00
Proposed settlement amount: $20,000.00
Amount of administrative settlement: $14,460.00
Background
I presented the offer both orally and in writing to Mr. and Mrs. Anker on March 25th, 2016. The
Anker's were not pleased with the design and were frustrated that this project would affect their
property. The design requires their existing vinyl fence on the east side of their property to be
angled at a point midway in their back yard. They stated that they would only consider the offer
if the pivot point in the fence were moved to the south and started in their front yard. City of
Spokane valley engineer Craig Aldworth applied for a design deviation to reduce the ROW impact
with WSDOT. It was approved and a new offer made. The offer made is the amount reflected
above in the amount of approved DV. The Anker's stated that they will not accept fess than
$20,000.00 for the fee take and use of the property during construction,$7,000.00 for landscaping,
and$13,000.00 for the land. They state that angling their existing fence is esthetically unpleasing
and not uniform with the rest of the neighborhood. They go on to explain that they will be losing
6 mature juniper bushes and it will take years for the younger replacement bushes to reach the
same height. Also,the existing curbing will need to be redone and will also be angled in relation
to the fence, and that the amount offered would not cover the cost of having these items replaced.
•
The Anker's were repeated asked to supply estimates over the course of six months, but due to his
work schedule he did not supply them. They stated that they will not accept less and would be
willing to go to court. The comparable properties used in the AOS range in value of$2.07 to$9.90
per square foot. Their counter offer reflects a value of roughly$25.00 per square foot.
Condemnation costs
Condemnation will take additional time and money, i.e., updating for trial, pretrial, conference,
staking of right of way, attorney's expenses, and witness fees (appraiser, consultants, etc.). The
property owner will also incur costs for an attorney, appraisers, and expert witness fees. If the
judgment awarded as a result of the trial exceeds by ten percent or more the highest written offer
in settlement submitted to those condemnees appearing in the action by condemnor in effect thirty
days before trial, then the court will award the condemnee reasonable attorney's fees and
reasonable expert witness fees.
Trial risks based on geographic area
The added delays of condemnation will impact the ad date and the cost of going to court could
outweigh the proposed settlement.
Site Improvements: Mature bushes, concrete curbing, lawn, sprinkler system.
Spokane Owners Proposed
Valley Counter Offer Settlement Difference
Valuation
191 sq ft of $1,146.00 $9,000.00 $9,000.00 $7,854.00
land in fee
1,445 sq ft of $1,734.00 $4,000.00 $4,000.00 $2,266.00
TCE for 2
years
Landscaping, $2,660.00 $7,000.00 $7,000.00 $4,340.00
curbing,
bushes,
sprinkler
system,sod
Total $5,540.00 $20,000.00 $20,000.b0 $14,460.00
Conclusion
While their counter offer reflects a value not supported by the AOS,the Anker's are unwilling to
accept less than their stated counter offer. I believe this is a good settlement for both the City and
the property owner. The time and money to proceed with additional negotiations and the risk of
potential litigation identified above warrant making this settlement. The settlement represents the
prudent use of taxpayer's money by taking the least expensive route to acquire this property.
I recommend that the settlement be approved.
RECOMMENDED:
AdrBy: � Date: S•/5/7
Morgan :i•
Contrac :'r•perty&Acquisition Specialist
Epic L;d d Solutions, Inc.
APPROVED:
By: Ck ^, Date: 3/2-63)/(1-
Mark
2-63)/(1-
Mark Ca oun, City Manager
LEGAL DESCRIPTION: NEW RIGHT OF WAY
All that portion of Lot 1 Block 8, Mirabeau Ranch Addition as recorded in
Volume 4 of Plats, page 16, lying East of the following described line:
Begin at the centerline intersection of Pines Road and Grace Avenue to the
West; thence NO2'47'18"W, along the centerline of Pines Road, 115.70 feet;
thence S8712'42"W 30.00 feet to the East line of said Lot 1 and the
beginning said described line; thence S00'39'35"W 84.02 feet to the South
line of said Lot 1 and the end of said described line.
Situate in the City of Spokane Valley, County of Spokane, State of
Washington.
T
98+99.59, 30.00' 98+99.59
30.0011
I 30.00
S87'12'42"W
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ROW AREA = 190.81 SF °0
98+15.72, 35.05'LT
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97+85.31
GRACE AVENUE — — - -
97+83.89
-
_ 0 15 30 60
LEGAL DESCRIPTION: TEMPORARY CONSTRUCTION EASEMENT
A temporary construction easement over, under and across that portion of Lot 1 Block
8, Mirabeau Ranch Addition as recorded in Volume 4 of Plats, page 16, lying South and
East of the following described line:
Begin at the centerline intersection of Pines Road and Grace Avenue to the West;
thence NO2'47'18"W, along the centerline of Pines Road, 75.41 feet; thence S87'12'42"W
30.00 feet to the East line of said Lot 1 and the beginning said described line; thence
S87'12'42"W 15.00 feet; thence S02'47'18"W 30.30 feet; thence S8712'42"W 46.00 feet;
thence S02'47'18"E 19.89 feet to the South line of said Lot 1 and the end of said
described line.
EXCEPT that portion of Lot 1 Block 8, Mirabeau Ranch Addition as recorded in Volume 4
of Plats, page 16, lying East of the following described line:
Begin at the centerline intersection of Pines Road and Grace Avenue to the West;
thence NO2'47'18"W, along the centerline of Pines Road, 115.70 feet; thence S87'12'42"W
30.00 feet to the East line of said Lot 1 and the beginning said described line; thence
S00'39'35"W 84.02 feet to the South line of said Lot 1 and the end of said described
line.
Situate in the City of Spokane Valley, County of Spokane, State of Washington.
1
1
1 1
1
1
1 1
c,� I 98+59.30, 32.43'LT
�P#�>O \, 98+59.30
�� S87'12'42'W 30.00
12.57 ' S87'12'42'W
98+59.30, 45.00'LT to
NNi u., 2.43
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98+29.00, 45.00'LT 63' o z
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in
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---1- `•° EASEMENT AREA v
to =1445.20 SF
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5,_ A._____._
4
98+15.72, 35.05'LT Z
98+09.11, 91.001T rn 97+85.31
W
GRACE AVENUE _ _ -
- =--- - 7J 0 15 30 60
97+83.89
D