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Ordinance summary 19-020 City of Spokane Valley 10210 E. Sprague Spokane Valley,WA 99206 (509)720-5000 NOTICE OF ORDINANCE PASSED BY SPOKANE VALLEY CITY COUNCIL The following is the title and summary of Ordinance No. 19-020 passed by the Spokane Valley City Council on the 12th day of November,2019: AN ORDINANCE OF TIE 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 TUE MANNER PROVIDED BY LAW FOR SAID CONDEMNATION; PROVIDING FOR SEVERABILITY; ESTABLISHING AN EFFECTIVE DATE; AND OTHER MATTERS RELATING THERETO. Section 1 Public Use and Necessity states that there is certain land and real property in the vicinity of the crossing of Barker Road of BNSF railroad tracks as described in Exhibit A to the ordinance, that is necessary for construction of the Barker Road/BNSF Grade Separation Project; and that the construction of the project is a public use including the grade separation of Barker Road and the BNSF railroad tracks, replacement of the existing stop-controlled intersection at Barker Road/Trent Avenue with a roundabout, and sidewalk and ADA accessible improvements; and that the City Council specifically finds that construction of the project is necessary and in the best interests of the citizens. Section 2 Funding,mentions how the project will be funded, and that the City Manager or designees are 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, explains that in the absence of negotiated purchases with the property owner, the City Manager or designees are authorized to commence condemnation proceedings; and that the City reserves the right to acquire other or different property in support of the project. Section 4 speaks to severability; Section 5 states that upon the approval of the City Attorney, the City Clerk is authorized to make necessary corrections to this Ordinance including the correction of any scrivener's or clerical errors; and Section 6 provides for an effective date. The frill text of Ordinance 19-020 is available at the City of Spokane Valley City offices as identified above. A copy will be mailed upon request to the City Clerk. Christine Bainbridge, City Clerk Published: November 22, 2019 I certify that I believe the foregoing summary to be a true and complete summary of Ordinance No. 19-020 that the summary provides adequate notice to the public of the c ntents of this ordinance, and that the original ordinance is on file with the City Clerk. w[A� .13-.44i' Christine Bainbridge, City Cl r SUPERIOR COURT of WASHINGTON for SPOKANE COUNTY In the Matter of AFFIDAVIT of PUBLICATION City of Spokane Valley NOTICE OF ORDINANCE PASSED NO. Ordinance No. 19-020 LEGAL NOTICE STATE of WASHINGTON County of Spokane MICHAEL HUFFMAN being first duly sworn on oath deposes and says that he is the EDITOR of the Spokane Valley News Herald, a weekly newspaper. That said newspaper is a legal newspaper and it is now and has been for more than six months prior to the date of publication hereinafter referred to,published in the English language continually as a weekly newspaper in Spokane County, Washington, and it is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper, which said newspaper had been approved as a legal newspaper by order of the Superior Court of the State of Washington in and for Spokane County. That the following is a true copy of a Legal Notice as it was published in regular issues commencing on the 22nd day of November, 2019, and ending on the 22nd day of November, 2019, all dates inclusive, and that such newspaper was regularly distributed to its subscribers during all of said period: • City of Spokane Valley 10210 E,Sprague Spokane Valley,WA 99206 (500)720.5000 NOTICE OF ORDINANCE PASSED BY SPOKANE VALLEY CITY COUNCIL The following is the 1111e and summary of Ordinance No.19.020 passed by the Spo- kane Valley City Council on the 121h day of November,2019: SUB 0"BED all. SWORN to before me AN ORDINANCE OF THE CITY OF 171522nd dayof November,2019 SPOKANE VALLEY,SPOKANE,COUNTY WASHINGTON, AUTHORIZING AND State of Washington PROVIDING FOR THE ACQUISITION OF LAND AND REAL PROPERTY INTERESTS County of Spokane FOR THE PURPOSE OF CONSTRUCTION AND IMPLEMENTATION OF THE BARKER ROAD/BNSF GRADE SEPARATION \\�ti1►IIIItr111�i PROJECT;PROVIDING FOR CONDEMNA- \l0"1111111,111, p�{�. .1 1 certify that I know or have satisfactory evidence that TION AND TAKING OF LAND AND REAL RAZ � / Michael Huffman is theperson who eared before me, PROPERTY INTERESTS NECESSARY \ ,,.�'`O4�••• / pp THEREFORE; PROVIDING FOR THE �, r QTA�i'�''•�'.�//i COSTS OF SAID PROPERTY ACQUISI- �. ,� `L and said person acknowledged that he signed this TION; DIRECTING THE INITIATION OFA sCa instrument and acknowledged it to be his free and APPROPRIATE PROCEEDINGS IN THE i Hy Comm,Expires y .MANNER PROVIDED BY LAW FOR SAID • 16,May 2023 voluntary act for the uses and purposes mentioned in the CONDEMNATION; PROVIDiNG FOR • SEVERABILITY;ESTABLISHING AN EF- (f7 11No.24743 • instru ent. FECTIVE DATE;AND OTHER MATTERS ' a ti RELATING THERETO. ,,e �J',�r U��`' Section 1 Public Use and Necessity slates •����.�� � ,, That there is certain land and real property / ++•" q,� AIMin Ike viclnlly 01 the crossing of Barker Road //j/wj Iwe�S\d%� ‘‘'or BNSF railroad tracks as a 1� Exhibit Alethe odinance,that Isnecessary escribed In ,'�tf/fll'111141� ` Joie eRae Wentz for construction of the Barker RoadIBNSF Title: .r)+Public Grade Separation Project;and that the construction or the project Is a public use My appointment expires:05-16-2023 �{ Including the grade separation of Barker `f 7. 'j5 Road and the BNSF railroad tracks,re- piacemenl at the exlslEng slop-controlled kk Intersection at Bather Road/Trent Avenue G LPJ1 with a roundabout,and sidewalk and ADA accessible improvements;and that the City Council specifically llnde that construction of the project Is necessary and In the best interests or the-citizens,Section 2 Funding, mentions how the project will be funded, and that the City Manager or designees are authorized to continue negotiations with and make oilers to the owner of the property for the purposes or making or pay- ing just compensation and to approve the payment ith said of or as ordered byensation as theotiated Court. Section 3 Eminent Domain,explains that In the absence of negotiated purchases with the property owner,the City Manager or designees are authorized 10 commence condemnation proceedings;and that the City reserves the right to acquire other or diflerenl properly In support of the project. Section 4 speaks to severability;Section 5 stales that upon the approval or the City At- torney,the City Cleric Is authorized to make necessary corrections to this Ordinance including the correction of any scrivener's or clerical errors;and Section 6 provides for an eflecllve date. The full text of Ordinance 19-0201s available at the City of Spokane Valley City offices as identified above.Acopy will be mailed upon request to the City Clerk. Christine Bainbridge,City Clerk Published:November 22,2019