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Ordinance 19-020 Barker Road Project Condemnation of land CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 19-020 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 THEREFORE; 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 PIan 2017-2037, adopted December 2016 by Ord. No. 16-018, amended by Ord.No. 18-014, states 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 Road Bridge Grade Separation and Pines Road Grade Separation projects"and"Pursue a strategic plan for financing and completion of 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 owner thereof in the manner provided by law; and Ordinance 19-020 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 unincorporated Spokane County, Washington, in the vicinity of the crossing of Barker Road of BNSF railroad tracks near Trent Avenue (SR 290), and further described in the attached Exhibit 1 (subsequently referred to as the"property"),is 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 owner of the property for the purposes of making or paying just compensation and to approve the payment of just compensation as negotiated with said owner or as ordered by the Court. Section 3. Eminent Domain. In the absence of negotiated purchases with the owner 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 CIerk 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 full 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 19-020 Barker Road/BNSF Grade Separation Project Page 2 of 3 Passed by the City Council of the City of Spokane Valley this 12'day of November, 2019. ATTEST: 46 X flIP r.. , , , 4, k Christine Bainbridge, City Clerk L.R. Higg i $ay•r J Approved to form: _.,4/v Office ¢ the City Aarney Date of Publication: //—2_2-0701 Effective Date: //—01 9 / Ordinance 19-020 Barker Road/BNSF Grade Separation Project Page 3 of 3 Exhibit 1 Sheet 1 of 3 REFERENCE: Parcels 55061.9047, 55061,9048&55061.9002 All that portion of the hereinafter described Tract "X" lying southeasterly of a line described as beginning at a point on Highway Engineer's Station (hereinafter referred to as HES) L 99+59.47 on the L line survey of SR 290, Barker Road Intersection Vicinity and 75.00 feet northwesterly therefrom; thence northeasterly, parallel with said line survey to a point opposite HES L 101+59.46 thereon; thence northeasterly to a point opposite HES L 103+00.00 on said line survey and 101.52 feet northwesterly therefrom;thence northeasterly to a point opposite HES L 104+44.27 on said line survey and 74.33 feet northwesterly therefrom;thence northeasterly to a point opposite HES L 104+70.43 on said line survey and 86.78 feet northwesterly therefrom;thence northeasterly to a point opposite HES L 106+03.70 on said line survey and 83.73 feet northwesterly therefrom; thence northeasterly to a point opposite HES L 107+98.17 on said line survey and 117.99 feet northwesterly therefrom;thence northeasterly to a point opposite HES L 109+03.32 on said line survey and 166.10 feet northwesterly therefrom;thence northeasterly to a point opposite 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 and the terminus of said line. Tract"X": Parcel 1 (55061.9048) That portion of the North Half of Government Lot 1, lying Northerly of Secondary State Highway No. 2-H Trent Avenue, Northern Pacific Railway Overcrossing and Approaches, Section 6,Township 25 North, Range 45 East,W.M., in Spokane County,Washington; Excepting therefrom the West 210 feet thereof; Also excepting therefrom the East 190 feet; Together with that portion of the canal right-of-way described as 40 feet wide across Lots 1 and 2, except the West 20 rods of Lot 2 and canal right-of-way 40 feet wide across portion of the West 20 rods in Section 6,Township 25 North, Range 45 East W.M.,formerly Spokane Valley Land and Water Co. right-of-way that travels over, under or through the above described property as disclosed by Quit Claim Deed recorded August 7,2019 under recording no. 6829738; Situate in the County of Spokane,State of Washington. Parcel 2 (55061.9047) Exhibit 1 Sheet 2 of 3 The East 190 feet of Government Lot 1, lying northerly of Secondary State Highway No. 2-H Trent Avenue, Northern Pacific Railway Overcrossing and Approaches, Section 6,Township 25 North, Range 45 East,W.M.; Together with that portion of the canal right-of-way described as 40 feet wide across Lots 1 and 2, except the West 20 rods of Lot 2 and canal right-of-way 40 feet wide across portion of the West 20 rods in Section 6,Township 25 North, Range 45 East W.M.,formerly Spokane Valley Land and Water Co. right-of-way that travels over, under or through the above described property as disclosed by Quit Claim Deed recorded August 7, 2019 under recording no. 6829738; Situate in the County of Spokane, State of Washington. Parcel 3 (55061.9002) The West 210 feet of the following described property: That portion of the North Half of Government Lot 1, lying northerly of Secondary State Highway No. 2-H Trent Avenue, Northern Pacific Railway Overpassing and Approaches in Section 6,Township 25 North, Range 45 East,W.M.; Together with the following described property as disclosed by Quit Claim Deed No, 6829738: That portion, if any, of the canal right-of-way described as Forty (40)feet wide across Lots one (1) and two (2) except the West twenty(20) rods of Lot two (2) and canal right- of-way Forty (40)feet wide across portion of the West twenty(20) Rods in Section 06, Township 25 North, Range 45 East W.M. (formerly Spokane Valley Land and Water Co. Right-of-way),that travels over, under, or through the following described Parcel A: Parcel "A" The West 210 feet of the following described property: That portion of the North Half of Government Lot 1, lying northerly of Secondary State Highway No. 2-H Trent Avenue, Northern Pacific Railway Overpassing and Approaches in Section 6,Township 25 North, Range 45 East, W.M. The lands herein described contain an area of 75,926.45 square feet, more or less. REFERENCE: Parcel 55061.9048;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) 101+59.46 on the L line survey of SR 290, Barker Road Intersection Vicinity and 75.00 feet northerly thereof;thence northeasterly to a point opposite HES L 103+00.00 on said line survey and 101.52 feet northerly thereof; thence Exhibit 1 Sheet 3 of 3 northeasterly to a point opposite HES L 104+44.27 on said line survey and 74.33 feet northerly thereof;thence northeasterly to a point opposite HES L 104+70.43 on said line survey and 86.78 feet northerly thereof;thence northeasterly to a point opposite HES L 106+03.70 on said line survey and 83.73 feet northerly thereof;thence northeasterly to a point opposite HES L 107+98.17 on said line survey and 117.99 feet northerly thereof;thence westerly to a point opposite HES L 107+83.89 on said line survey and 13280 feet northerly thereof;thence southwesterly to a point opposite HES L 105+79.93 on said line survey and 100.45 feet northerly thereof;thence southwesterly to a point opposite HES L 104+52.80 on said line survey and 101.05 feet northerly thereof;thence southwesterly to a point opposite HES L 104+41.70 on said line survey and 95.73 feet northerly thereof;thence southwesterly to a point opposite HES L 102+99.98 on said line survey and 121.70 feet northerly thereof;thence southwesterly to a point opposite HES L 101+54.13 on said line survey and 94.28 feet northerly thereof;thence southerly to the Point of Beginning. Tract"X That portion of the North Half of Government Lot 1, lying Northerly of Secondary State Highway No. 2-H Trent Avenue, Northern Pacific Railway Overcrossing and Approaches, Section 6,Township 25 North, Range 45 East, W.M., in Spokane County,Washington; Excepting therefrom the West 210 feet thereof;Also excepting therefrom the East 190 feet; Together with that portion of the canal right-of-way described as 40 feet wide across Lots 1 and 2, except the West 20 rods of Lot 2 and canal right-of-way 40 feet wide across portion of the West 20 rods in Section 6,Township 25 North, Range 45 East W.M.,formerly Spokane Valley Land and Water Co. right-of-way that travels over, under or through the above described property as disclosed by Quit Claim Deed recorded August 7, 2019 under recording no. 6829738; Situate in the County of Spokane,State of Washington. The lands herein described contain an area of 11,767.59 square feet, more or less.