Ordinance 19-012 Land Acquisition, Barker Rd CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 19-012
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, AUTHORIZING AND PROVIDING FOR THE ACQUISITION
OF LAND AND REAL PROPERTY INTERESTS FOR THE PURPOSE OF
CONSTRUCTION AND IMPLEMENTATION OF THE BARKER ROAD/BNSF
GRADE SEPARATION PROJECT; PROVIDING FOR CONDEMNATION AND
TAKING OF LAND AND REAL 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, by 2006 the Spokane Regional Transportation Council had identified a grade
separation of Barker Road and BNSF railroad tracks as a means of supporting freight mobility and
improving safety; and
WHEREAS,the current plan of the Spokane Regional Transportation Council, known as Horizon
2040, identifies a Barker Road/BNSF overpass as a regionally significant project; and
WHEREAS, the Spokane Valley Comprehensive Plan 2017-2037, adopted December 2016 by
Ordinance 16-018, amended by Ordinance 18-014, and by Ordinance 19-004, states on page 5-84 that
"Spokane Valley continues to strongly support the grade separation projects of the BNSF mainline at major
roads like Park, Pines, and Barker."; and
WHEREAS, through the adoption of major goal statements for 2018, the Spokane Valley City
Council endorsed the following: "Continue to work with state and federal legislators toward obtaining
financial assistance for the Barker and Pines Road Grade Separation projects"and"Pursue a strategic plan
for financing and completing all grade separation projects."; and
WHEREAS, the City conducted a process of assessing design criteria and basis of design that
included benefit-cost analysis and value engineering, which resulted in a final version of the project that
includes: 1) grade separation of Barker Road and the BNSF railroad tracks; 2)replacement of the existing
stop-controlled intersection at Barker Road/Trent Avenue with a roundabout; and 3) sidewalk and ADA
accessible improvements (hereafter the"project"); and
WHEREAS,the above-stated actions of the City Council were, and are, 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 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 real property interests described herein; and
WHEREAS,the City Council finds and declares it necessary and in the best interest of the public
that land and real 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
Ordinance 19-0[2 Barker Road/BNSF Grade Separation Project Page 1 of 3
WHEREAS, notice of the planned final action set forth herein was duly provided in accordance
with RCW 8.12.005 and RCW 8.25.290.
NOW THEREFORE,the City Council of the City of Spokane Valley, Washington, do ordain as
follows:
Section 1. Public Use and Necessity. The certain land and real property interests within the City
of Spokane Valley and unincorporated Spokane County, Washington, in the vicinity of the crossing of
Barker Road of BNSF railroad tracks near Trent Avenue (SR 290) in the City of Spokane Valley and
unincorporated Spokane County, Washington, and further described in the attached Exhibits 1, 2, and 3
(subsequently referred to collectively as the"property"), are necessary for construction of the project. The
City of Spokane Valley finds that construction of the project is a public use,specifically including: 1)grade
separation of Barker Road and the BNSF railroad tracks; 2) replacement of the existing stop-controlled
intersection at Barker Road/Trent Avenue with a roundabout; and 3) sidewalk and ADA accessible
improvements. The City Council specifically finds that construction of the project is necessary and in the
best interest of the citizens.
Section 2. Funding. The project, including the cost and expense of acquiring the property, will be
paid from any of several funding sources,including a federal earmark,non-federal funds from a Washington
State Legislative Appropriation, a Transportation Investment Generating Economic Recovery (TIGER)
grant, the allocation of funds directly from the City, and from other monies applicable thereto or that the
City may obtain. The City Manager or his designees are hereby authorized to continue negotiations with
and make offers to the owners of the property 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 3. Eminent Domain. In the absence of negotiated purchases with the owners of the
property, the City Manager and/or his designees are hereby authorized to commence condemnation
proceedings for the property, 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 property. In so doing,the City Manager
and/or his designees are authorized to adjust the extent of the property and property interests taken or
acquired to facilitate implementation of this ordinance, provided that such adjustment shall not be
inconsistent with the project. Nothing in this ordinance limits the City in its identification and acquisition
of property and property rights necessary for these purposes. The City reserves the right to acquire other
or different property in support of the project, as the same exists or may in the future be revised. 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 4. Severability. If any section, sentence, clause, or phrase of this Ordinance should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or
phrase of this Ordinance.
Section 5. Corrections. Upon the approval of the City Attorney, the City Clerk is authorized to
make necessary corrections to this Ordinance including, but not limited to, the correction of
scrivener's/clerical errors, references, ordinance numbering, section/subsection numbers, and any
references thereto.
Section 6. Effective Date. This Ordinance shall be in fail force and effect five days after
publication of this Ordinance or a summary thereof in the official newspaper of the City as provided by
law.
Ordinance 19-012 Barker Road/BNSF Grade Separation Project Page 2 of 3
Passed by the City Council of the City of Spokane Valley this 10th day of September, 2019.
.. 11 Af
i t
e.
ATTES ' 4 L.R. Higgin ayor
istine Bainbri.ge, City Clerk
Approved as to form:
4li
O ice o he C. Attorney
Date of Publication: 09-13-2019
Effective Date: 09-18-2019
Ordinance 19-012 Barker Road/BNSF Grade Separation Project Page 3 of 3
Exhibit 1
Sheet 1 of 5
DESCRIPTION OF REAL PROPERTY AND REAL PROPERTY INTERESTS
TO BE ACQUIRED FROM HIGH-EST, L.L.C., AS PART OF
THE BARKER ROAD/BNSF GRADE SEPARATION PROJECT No, 0143
TO WIT:
REFERENCE: Parcel 56314.9026
All that portion of the hereinafter described Tract"X" lying southeasterly of a line described as
beginning at a point opposite Highway Engineer's Station (hereinafter referred to as HES) L
107+83.89 on the L line survey of SR 290, Barker Road Intersection Vicinity and 132.80 feet
northerly therefrom;thence easterly to a point opposite HES L 107+98.17 on said line survey and
117.99 feet northerly therefrom;thence northeasterly to a point opposite HES L 109+03.32 on
said line survey and 166.10 feet northerly therefrom;thence northeasterly to a point opposite
HES B 211+00.07 on the B line survey of SR 290, Barker Road Intersection Vicinity and 176.05 feet
northerly therefrom;thence northeasterly to a point opposite HES B 218+12.98 on said line
survey and 176.47 feet northerly therefrom and the terminus of said line.
Tract"X":
The Southeast Quarter of Section 31,Township 26 North, Range 45 East,W.M. lying Southerly
and Westerly of Highland Estates Second Addition as per the Plat thereof recorded in Volume 31
of Plats, Pages 71-76;
Except roads;
Situate in the County of Spokane,State of Washington.
The lands herein described contain an area of 19,456.36 square feet, more or less.
REFERENCE: Parcels 56323.9162, 55052.9021,55052.9022,56323.9092&56326.9016
All that portion of the hereinafter described Tract "X" lying southeasterly of a line described as
beginning at a point opposite Highway Engineer's Station (hereinafter referred to as HES) L
107+98.17 on the L line survey of SR 290, Barker Road Intersection Vicinity and 117.99 feet
northwesterly therefrom;thence northeasterly to a point opposite HES L 109+03.32 on said line
Exhibit 1
Sheet 2 of 5
survey and 166.10 feet northwesterly therefrom;thence northeasterly to a point opposite HES B
211+00.07 on the B line survey of SR 290, Barker Road Intersection Vicinity and 176.05 feet
northwesterly therefrom;thence northeasterly to a point opposite HES B 218+12.98 on said line
survey and 176.47 feet northwesterly therefrom;thence southeasterly to a point opposite HES B
218+17.83 on said line survey and 157.37 feet northwesterly therefrom;thence northeasterly on
an arc of a curve to the right with a radius of 1,236 feet to a point opposite HES B 219+45.67 on
said line survey and 211.30 feet northwesterly therefrom;thence southeasterly to a point
opposite HES B 219+60.89 on said line survey and 159.65 feet northeasterly therefrom;thence
northeasterly on an arc of a curve to the right with a radius of 1,181 feet to a point opposite HES
B 226+59.48 on said line survey and 226.90 feet northwesterly therefrom and the terminus of
said line.
Tract"X":
Parcel 1 (56323.9162)
The Southwest Quarter of the Southwest Quarter of Section 32,Township 26 North,
Range 45 East,W.M.;
Except canal right of way 50 foot wide across said property;
And except platted portions;
And except portion of the Northeast Quarter of the Southwest Quarter of the Southwest
Quarter lying Northerly of the following described line as follows:
Beginning at a point on the East line of the Southwest Quarter of the Southwest Quarter
point, said point being 1260.04 feet North of the Southeast corner of the Southwest
Quarter of the Southwest Quarter thence North 67°28'51" West to a point on the North
line of Southwest Quarter;
Also except the right of way of the Northern Pacific Railway Company;
Also except county road;
Also except that portion as described in Judgement and Decree of Appropriation filed
June 19, 1962 in Spokane County Superior Court Cause No. 165065 for Secondary State
Highway No. 2-H (Trent Avenue);
Situate in the County of Spokane,State of Washington.
Exhibit 1
Sheet 3 of 5
Parcel 5(55052.9021)
That portion of Government Lot 4 in Section 5,Township 25 North, Range 45 East,
W.M., lying North of the right of way of Northern Pacific Railway Company;
Except canal right of way;
Also except that portion as described in the Judgment and Decree of Appropriation
filed June 19, 1962 in Spokane County Superior Court Case No. 165065 for Secondary
State Highway no. 2-H (Trent Avenue);
Situate in the County of Spokane,State of Washington.
Parcel 6(55052.9022)
Canal right of way Northerly of Highway in Lot 4 of the Northwest Quarter of Section
5,Township 25 North, Range 45 East, W.M.; (formerly Spokane Valley Lane and
Water Co. Right of Way);
Situate in the County of Spokane,State of Washington.
Parcel 7 (56323.9092)
All that portion of the following described Parcel "B" lying within the following
described Tract"Z":
Tract "Z":
Beginning at a point 75.0 feet Northwesterly of and opposite Highway Engineer's
Station L 490+50,when measured at right angles from the "L" Center Line of
Secondary State Highway No. 2-H (SR 290),Trent Ave. N.P.Ry. Overcrossing and
Approaches;thence Northeasterly in a straight line to a point opposite Highway
Engineer's Station L 491+50 and distant 65.0 feet Northwesterly therefrom;thence
Northeasterly in a straight line to a point opposite Highway Engineer's Station B
2+00.0 P.T. and distant 35.0 feet therefrom, when measured at right angles from the
"B" center line of said highway;thence Northeasterly and Easterly parallel to said "B"
centerline to a point opposite Highway Engineer's Station B 20+95.3 P.T. =A 25+65.2
P.O.T., which point is 35.0 feet Northwesterly,when measured at right angles from
the"A" line for said highway;thence Northeasterly parallel to said "A" center line to
a point opposite Highway Engineer's Station A 27+00;thence Northwesterly at right
angles a distance of 45.5 feet;thence Southwesterly parallel to said "A" center line to
a point opposite Highway Engineer's Station A 25+65.2 P.O.T. = B 20+95.3 P.T.;
thence Northwesterly at right angles to a point 100.0 feet distant Northwesterly,
when measured at right angles from the "B" center line for said highway;thence
Exhibit 1
Sheet 4 of 5
Southwesterly and Westerly parallel to said "B" center line to the Westerly boundary
line of the Southeast quarter of the Southwest quarter of Section 32,Township 26
North, Range 45 East, W.M.;thence Southerly along the Westerly boundary of said
Southeast quarter of the Southwest quarter a distance of 10.0 feet;thence
Southwesterly parallel with said "B" center line to a point opposite Highway
Engineer's Station B 6+50;thence Southeasterly at right angles a distance of 5.0 feet;
thence Southwesterly parallel with said "B"center line to a point opposite Highway
Engineer's Station B 4+00 and distant 85.0 feet Northwesterly therefrom;thence
Southeasterly at right angles a distance of 5.0 feet;thence Southwesterly parallel
with said "B" center line to a point opposite Highway Engineer's Station B 1+50 and
distant 80.0 feet Northwesterly therefrom;thence Northwesterly at right angles a
distance of 10.0 feet;thence Southwesterly parallel to said "B" center line to a point
opposite Highway Engineer's Station B 0+00.0= L 492+47.5 P.O.T. and distant 102.0
feet Northwesterly,when measured at right angles from the"L" centerline for said
highway;thence Southeasterly at right angles a distance of 2.0 feet;thence
Southwesterly parallel with said "L" center line to a point opposite Highway
Engineer's Station L 490+50 and distant 100.0 feet Northwesterly therefrom;thence
Southeasterly at right angles a distance of 25.00 feet to the point of beginning.
Parcel "B":
The South half of the Southwest quarter of Section 32,Township 26 North, Range 45
East,W.M., and Government Lot 4 in Section 5,Township 25 North, Range 45 East,
W.M.; EXCEPTING THEREFROM any lands heretofore conveyed for railroad or county
road rights of way.
End of Tract "X".
AND
All that portion of the hereinafter described Tract"8" lying northerly of a line described as
beginning at a point opposite Highway Engineer's Station (hereinafter referred to as HES)
218+22.55 on the B line survey of SR 290, Barker Road Intersection Vicinity and 73.00 feet
southerly thereof;thence easterly to a point opposite HES B 220+51.15 and 73.00 feet southerly
therefrom;thence easterly to a point opposite HES B 222+84.83 and 73.00 feet southerly
therefrom and the terminus of said line.
Tract"8": (56326.9016)
That part of the Southwest Quarter of the Southwest Quarter of Section 32,Township 26 North,
Range 45 East, W.M., and that part of Government Lot 4 in the Northwest Quarter of Section 5,
Township 25 North, Range 45 East, W.M.,and that part of the canal or ditch right of way
acquired by the State of Washington by Judgement and Decree of Appropriation dated March 15,
Exhibit 1
Sheet 5 of 5
1966, under Cause No. 168003 in the Superior Court of the State of Washington in and for
Spokane County, lying within the following described parcel of land;
Beginning at the point of intersection of the East line of said Southwest Quarter of the Southwest
Quarter and a line drawn parallel with and 75 feet southerly,when measured at right angles and
or radially,from the "L" line survey of SR 290,Trent Avenue Northern Pacific Railway
Overcrossing and Apprs;Thence Westerly and Southwesterly parallel with said "L" line survey to
the point of intersection with a line drawn parallel with and 30 feet northerly, when measured at
right angles and/or radially,from the "A" line survey of said Highway;Thence Northeasterly
parallel with said "A" line survey to a point opposite Highway Engineer's Station A 10+34.5 P.T.
thereon;Thence Northwesterly to a point opposite said Highway Engineer's Station and 30.5 feet
Northwesterly therefrom;Thence Northeasterly parallel with said "A" line survey to a point on
said East line of the Southwest Quarter of the Southwest Quarter of Section 32;Thence northerly
along said East line to the Point of Beginning,
Situate in the County of Spokane,State of Washington.
End of Tract"8".
The lands herein described contain an area of 180,951.56 square feet, more or less,
Exhibit 2
Sheet 1 of 2
DESCRIPTION OF REAL PROPERTY AND REAL PROPERTY INTERESTS
TO BE ACQUIRED FROM JOVI, LLC,AS PART OF
THE BARKER ROAD/BNSF GRADE SEPARATION PROJECT No. 0143
TO WIT:
REFERENCE: Parcel 55061.9004
All that portion of the hereinafter described Tract"X" lying easterly of a line described as beginning
at a point opposite Highway Engineer's Station (hereinafter referred to as HES) 82+89.75 on the BR
line survey of SR 290, Barker Road Intersection Vicinity and 40.00 feet westerly therefrom;thence
northerly to a point opposite HES BR 83+29.76 on said line survey and 40.00 feet westerly thereof;
thence westerly,to a point opposite HES BR 83+32.02 on said line survey and 135.00 feet westerly
therefrom;thence northerly to a point on the BNSF Railroad Right-of-Way,said point being opposite
HES BR 89+44.36 on said line survey and 135.00 feet westerly therefrom;thence easterly, along said
Railroad Right-of-Way,to a point opposite HES BR 89+76.66 on said survey line and 30.00 feet
westerly therefrom and the terminus of said line.
Tract"X":
That portion of Government Lot 1,Section 6,Township 25 North, Range 45 East,Willamette
Meridian, described as follows:
Commencing at the southeast corner of Government Lot 1;
Thence west along the south line thereof, 12 rods;
Thence north at right angles to county road;
Thence northeasterly along the southerly boundary of said county road to the east line of
Government Lot 1;
Thence south along the east line of said Government Lot 1 to the Point of Beginning;
Except any portion lying within the Northern Pacific Railroad Right of Way;
Except Barker Road;
Situate in the City of Spokane Valley, County of Spokane, State of Washington.
The lands herein described contain an area of 66,518.37 square feet, more or less.
Exhibit 2
Sheet 2 of 2
REFERENCE: Parcel 55061.9004;Temporary Easement
All that portion of the hereinafter described Tract "X" described as follows: Beginning at a point
opposite Highway Engineer's Station (hereinafter referred to as HES)82+89.75 on the BR line survey
of SR 290, Barker Road Intersection Vicinity and 40.00 feet westerly therefrom;thence westerly,to a
point opposite HES BR 82+90.11 on said line survey and 55.00 feet westerly therefrom;thence
northerly to a point opposite HES BR 83+30.12 on said line survey and 55.00 feet westerly therefrom;
thence easterly to a point opposite HES BR 83+29.76 on said survey line and 40.00 feet westerly
therefrom;thence southerly to the Point of Beginning.
Tract"X":
That portion of Government Lot 1, Section 6,Township 25 North, Range 45 East,Willamette
Meridian, described as follows:
Commencing at the southeast corner of Government Lot 1;
Thence west along the south line thereof, 12 rods;
Thence north at right angles to county road;
Thence northeasterly along the southerly boundary of said county road to the east line of
Government Lot 1;
Thence south along the east line of said Government Lot 1 to the Point of Beginning;
Except any portion lying within the Northern Pacific Railroad Right of Way;
Except Barker Road;
Situate in the City of Spokane Valley, County of Spokane,State of Washington.
The lands herein described contain an area of 600.17 square feet, more or less.
Exhibit 3
Sheet 1 of 2
DESCRIPTION OF REAL PROPERTY AND REAL PROPERTY INTERESTS
TO BE ACQUIRED FROM SPW-DIST, LLC, AS PART OF
THE BARKER ROAD/BNSF GRADE SEPARATION PROJECT No. 0143
TO WIT:
REFERENCE: Parcel 55052.9029
All that portion of the hereinafter described Tract"X" lying westerly of a line described as beginning
at a point opposite Highway Engineer's Station (hereinafter referred to as HES) 83+10.65 on the BR
line survey of SR 290, Barker Road Intersection Vicinity and 80.00 feet easterly therefrom;thence
northerly, parallel with said line survey to a point opposite HES BR 86+50.68 on said line survey and
80.00 feet easterly therefrom and the terminus of said line.
Tract "X":
The West Half of the North 340 feet of the South 1690 feet of the Northwest Quarter of Section 5,
Township 25 North, Range 45 East of the Willamette Meridian;
Except the West 30 feet thereof;
And except that portion conveyed to Spokane County July 02, 2002 under Auditor's File No.4745091;
Also delineated as parcel "T" on Survey recorded July 26, 2001 under Spokane County
Auditor's File No.4613726 in Book 92 of Surveys, Page 15C, records of Spokane County;
Situate in the City of Spokane Valley,County of Spokane,State of Washington.
The lands herein described contain an area of 13,935.29 square feet, more or less.
Exhibit 3
Sheet 2 of 2
REFERENCE: Parcel 55052.9029;Temporary Easement
All that portion of the hereinafter described Tract "X" described as follows: Beginning at a point
opposite Highway Engineer's Station (hereinafter referred to as HES)86+04.68 on the BR line survey
of SR 290, Barker Road Intersection Vicinity and 80.00 feet easterly therefrom;thence northerly to a
point opposite HES BR 86+50.68 on said line survey and 80.00 feet easterly therefrom;thence
easterly to a point opposite HES BR 86+44.73 on said line survey and 460.85 feet easterly therefrom;
thence southerly to a point opposite HES BR 85+98.72 on said line survey and 460.85 feet easterly
therefrom;thence westerly to the Point of Beginning.
Tract"X":
The West Half of the North 340 feet of the South 1690 feet of the Northwest Quarter of Section 5,
Township 25 North, Range 45 East of the Willamette Meridian;
Except the West 30 feet thereof;
And except that portion conveyed to Spokane County July 02, 2002 under Auditor's File No.4745091;
Also delineated as parcel "T" on Survey recorded July 26, 2001 under Spokane County
Auditor's File No.4613726 in Book 92 of Surveys, Page 15C, records of Spokane County;
Situate in the City of Spokane Valley, County of Spokane,State of Washington.
The lands herein described contain an area of 17,521 square feet, more or less.