20-155.00 Bradley Cassell: Barker Grade Separation Property Settlement 2a ��
SETTLEMENT AGREEMENT
This settlement agreement is by and between Bradley D. Cassell, a single man
("Cassell"), and the City of Spokane Valley, Washington,a political sub-division of the
State of Washington(the"City"). In consideration of the mutual covenants and
obligations set forth herein,the parties agree as follows:
1. Recitals.
1.1. The City is the petitioner and Cassell is a respondent in a
condemnation petition and amended condemnation petition filed in Superior Court of the
State of Washington in and for Spokane County as cause no. 19-2-05284-32. A true and
correct copy of the amended condemnation petition(the"Amended Petition") filed
therein is attached hereto as Exhibit A,which is fully incorporated by this reference.
1.2 The Amended Petition seeks to acquire real property and real
property interests for the construction of certain road improvements by the City. Said
property is legally described at Exhibit B of the Amended Petition.
2. Settlement. The City and Cassell hereby agree to settle, pursuant to the
terms of this agreement, all disputes arising out of the Amended Petition.
3. Compensation for Take and Damages. Subject to the following terms and
conditions, the City agrees to pay Cassell,through counsel for Cassell,the total sum of
FOUR HUNDRED FIVE THOUSAND and NO/100THS DOLLARS ($405,000.00)(the
"Settlement Funds") in exchange for the covenants and obligations contained herein and
as full and complete compensation for all losses incurred or claimed by Cassell of
whatever kind due to the appropriation described in the Amended Petition. Upon
execution of this agreement,the City shall promptly process payment for the benefit of
Cassell in the said amount. This amount shall be payable to the trust account of the law
firm of Dunn&Black, P.S., for the benefit of Cassell. The Settlement Funds will not be
released from the trust account until Cassell delivers the documents identified in
paragraph 4 below.
4. Decree of Appropriation and Dismissal. Not later than three days after
proper tender of the Settlement Funds identified in paragraph 3 above, Cassell shall
execute and deliver to the City a stipulated decree of appropriation in the form attached
hereto as Exhibit B(along with executed originals of the deed instruments attached
thereto with corresponding excise tax affidavits),together with a stipulated order of
dismissal in the form attached hereto as Exhibit C; provided,that Cassell shall also be
responsible for obtaining the approvals, stipulations, and signatures of all other parties or
their counsel appearing in this action on the decree of appropriation and order of
dismissal prior to any disbursal by Cassell's counsel of the Settlement Funds. After full
execution by the appearing parties or their counsel,the decree of appropriation and order
of dismissal may be entered of record in Court by counsel for the City at any time
thereafter, without further notice, the deed instruments may be recorded, and the
Settlement Agreement- I
Settlement Funds may be disbursed to Cassell. If all parties or their counsel have not
executed the decree of appropriation and the order of dismissal as provided herein within
fourteen days after the City has tendered the settlement funds to Cassell's counsel, then
the funds shall be returned to the City and this settlement agreement shall be null and
void.
5. Cassell General Release and Discharge. For and in consideration of
Cassell's receipt of the Settlement Funds, except for those obligations created by or
arising out of this agreement for which receipt or satisfaction has not been acknowledged
herein, Cassell, on behalf of himself as well as his descendants, ancestors, dependents,
heirs,executors, administrators, assigns,and successors, and each of them, hereby
covenants not to sue and fully releases and discharges the City, as well as all officers,
agents,attorneys, insurers, employees,representatives, assigns, and successors,past and
present,and each of them, hereinafter together and collectively referred to as
"Releasees,"with respect to and from any and all claims,demands, rights, liens,
agreements, contracts, covenants,actions, suits,causes of action, obligations, debts,
costs,expenses, attorneys' or consultants' fees,damages,judgments,orders and liabilities
of whatever kind or nature in law, equity or otherwise,whether now known or unknown,
suspected or unsuspected,and whether or not concealed or hidden,which Cassell now
owns or holds or has at any time heretofore owned or held as against said Releasees,
arising out of or in any way connected with the Amended Petition; provided, however,
that this release shall not include negligent acts or omissions of the City and its agents
and contractors arising out of the construction of the City's road improvement project
related to this matter and as described in the Amended Petition.
6. Warranty of Non-transfer of Released Matter. Cassell warrants and
represents that he has not heretofore assigned or transferred to any person not a party to
this agreement any released matter or any part or portion thereof and further warrants that
he shall defend, indemnify and hold harmless the City against any claim, including the
payment of attorneys' fees and costs actually incurred whether or not litigation is
commenced,based on or in connection with or arising out of any such assignment or
transfer made,purported, or claimed. Cassell warrants and represents that Cassell has
received no notice,and has no actual knowledge, of any claim of any person to any
compensation arising in any way out of the Amended Petition that will not be satisfied,
resolved,and extinguished by the terms of this agreement and/or the attached stipulated
decree of appropriation and order of dismissal.
7. Legal Representation. The City represents that this agreement was
prepared by the City with legal representation and that the City's legal counsel has not
undertaken to jointly represent the parties. By entering into this agreement, Cassell
represents he has had an opportunity to review this agreement with legal counsel of his
choosing.
8. Full Understanding and Voluntary Acceptance. In entering this
agreement, the parties represent that they have relied upon the advice of their attorneys,
who are attorneys of their own choice, and that the terms of this agreement have been
Settlement Agreement-2
completely read and explained to them by their attorneys, and that those terms are fully
understood and voluntarily accepted by them. Cassell further represents that he has had
full opportunity to inspect and review all aspects of the subject property acquisition and
proposed resulting construction activity to be undertaken by the City and has approved
the same.
9. Headings not Binding; Effective Date. The use of headings in this
agreement are only for ease of reference and the headings have no effect on and are not to
be considered part of a term of this agreement. The effective date hereof shall be on the
date of last execution by a party hereto.
10. Breach. Any failure by a party to perform any action required to be
performed hereunder shall constitute a breach of this agreement. In the event of such
breach,any non-defaulting party shall be entitled to pursue any and all remedies,both
legal and equitable,including without limitation specific performance and/or suit for
damages. All terms and provisions of this agreement are material.
11. Agreement not Enforceable by Third Parties. This agreement is neither
expressly nor impliedly intended for the benefit of any third party and is neither expressly
nor impliedly enforceable by any third party.
12. Authority to Execute. Each person executing this agreement on behalf of
another person, corporation,partnership, company, or other organization or entity,
represents and warrants that he or she is fully authorized to execute and deliver this
agreement on behalf of the entity or party for which he or she is signing. The parties
hereby warrant to each other that each has full power and authority to enter into this
agreement and to undertake the actions contemplated herein, and that this agreement is
enforceable in accordance with its terms.
13. Binding Nature of Agreement. This agreement shall be binding upon and
inure to the benefit of the parties,their heirs,executors,administrators, successors,
devisees, assigns and all persons now or hereafter holding or having all or any part of the
interest of a party to this agreement.
14. Governing Law, Venue, and Attorney's Fees. This agreement shall be
governed by and construed in accordance with the laws of the State of Washington.
Venue for any action arising out of or relating to this agreement shall lie in Superior
Court of the State of Washington in and for Spokane County. In the event of a lawsuit to
enforce or interpret this agreement,the prevailing party shall be entitled to recover from
the other party its reasonable attorneys' fees incurred at trial and on appeal.
15. Entire Agreement. This agreement contains the entire understanding
among the parties with respect to the subject matter hereof, including without limitation
all aspects of the property acquisition and proposed resulting construction activity to be
undertaken by the City. Except as provided herein, there are no other representations,
agreements,arrangements, or understandings,verbal or written, between and among the
parties relating to the subject matter of this agreement.
Settlement Agreement-3
16. Invalidity. Should any provision of this agreement be found to be invalid,
illegal,or unenforceable by any court of competent jurisdiction, such provision shall be
stricken and the remainder of this agreement shall nonetheless remain in full force and
effect unless the stricken provision is an essential part of the consideration supporting this
agreement, or if the absence of the stricken provision would materially alter the intent of
the parties.
17. Counterpart Originals. This agreement(but not the original deed
instruments identified in paragraph 4 above)may be executed by facsimile or other
electronic means and in any number of counterpart originals, each of which shall be
deemed to constitute an original agreement,and all of which shall constitute one
agreement.
18. Cooperation. Each party shall cooperate in all ways reasonably requested
by the other party to implement the provisions of this agreement. This duty shall include,
but not be limited to, Cassell taking any and all actions, including execution of additional
real property instruments, reasonably required to vest clear and undisputed title in fee
simple absolute in and to the lands described in the Amended Petition with the City. Time
is of the essence in this agreement.
SO AGREED AND ACCEPTED by witness the signatures appearing below.
Bradl D. Cassell, a single man Dated
City of pokane V ley ashington
By: J(-,V.
Its: (Ay Alahler-
Dated:_b_lig_2246
STATE OF WASHINGTON )
) ss.
COUNTY OF SPOKANE )
On this day personally appeared before me Bradley D. Cassell to me known to be
the individual who executed the within and foregoing instrument, and acknowledged the
instrument to be the free and voluntary act and deed of himself for the uses and purposes
therein mentioned.
Settlement Agreement-4
IN WITNESS WHEREOF,I have hereunto set my hand and seal this 23 day
of ‘, —t ,2020.
cluaunulluu„u111I111111IU11111u1nItQ — / ►"latit.A.0 0.in E C �' M.-4-__.
NOTARY PUBLIC = /4 Q,_,t,v-e.e 1,1 C C . Cb� Q(t rta.._
sTA�c. 'v WASHINGTON
MAUREEN E COX•O'BRIEN g (print or type name)
85067 a NOTARY PUBLIC in and for the State of
MY COMMISSION EXPIRESE Washington,residing at 5 V S lea.-K Q 041141.2
BeinemosuR II jµRY l 01,
tutus My Commission expires: 2-- I - 21
STATE OF WASHINGTON )
) ss.
COUNTY OF SPOKANE ) //
On is day personally appeared before me��/� (?/�i 0 4i,to me known
to be thei-f of the Cityof Spokane Valle Washington, a
/114'ili 5 e� p y, g ,
Washington mufiicipal corporation,the municipal corporation that executed the within
and foregoing instrument,and acknowledged the instrument to be the free and voluntary
act and deed of said municipal corporation for the uses and purposes therein mentioned,
and on oath stated that he was duly authorized to execute said instrument on behalf of
said municipal corporation.
IN WITNESS WHEREOF,I have hereunto set my hand and seal this L ' day
of it U j Ci 1— ,2020.
.Z''(OE PA0,4 I Iilll1
$--r' ►�� ii,"r.a,/i (print or type name)
8 + 44- 'g', 0 * NOTARY PUBLIC in and for the Stateof
m
94683 �s � Washington, residing at P� a/��e/
i - ', A&Boo =O= = My Commission expires:
i� yam ,�,/I�,?9.2,5`;� _
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Settlement Agreement-5
EXHIBIT A
1
COPY
2 Original Filed
1 APR 2 9 2020
4 Timothy w. F!tzgerald
5 Spokane County Clerk
6
7
8 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF SPOKANE
9
I
101 CITY OF SPOKANE VALLEY, a ) NO. 19-2-05284-32
11 Washington non-charter code city, )
12 Petitioner, )
AMENDED CONDEMNATION
13 v. ) PETITION
)14
BRADLEY D. CASSELL,a single man; )
15 SPOKANE COUNTY,a political )
1 subdivision of the State of Washington; )
16 CONSOLIDATED IRRIGATION )
DISTRICT NO. 19, a quasi-municipal
17 corporation of the State of Washington; )
18 SPOKANE FIREFIGHTERS CREDIT ) nn 1:,,--- .
UNION, a Washington chartered credit )
19 union; AVISTA CORPORATION,a )
, Washington public utility corporation;
20
CENTURYLINK,INC., a foreign )
21 i corporation; HIGH-EST, L.L.C.,a )
Washington limited liability company; )
22 UNITED DRESSED MEATS,INC., a
Washington corporation; STATE OF )
23 WASHINGTON;AMERISTAR MEATS, )
24 LLC,a foreign limited liability company; )
and also all other persons or parties )
25 unknown claiming any right,title, estate, )
lien, or interest in the real estate described )
26 in the petition herein, )
27
Respondents.
28
29
AMENDED CONDEMNATION PETTTION - 1 N1I NKEJACKSON 13EVER.LI.P
3� 807 North 39'Avenue
Yakima,WA 98902
Tckplionc(509)575-0113
Pax(509)575-0351
1
2
3 COMES NOW the petitioner the City of Spokane Valley("the City"),by its counsel of
41
record Menke Jackson Beyer,LLP,and Kenneth W.Harper,and respectfully petitions and
5 ,
shows to this Court:
6 '
7 1. That the City is a duly organized and existing Washington non-charter code
8 city,and a municipal corporation duly organized and existing under the laws of the State of
9 Washington engaged in governmental functions and empowered with the right of eminent
10 domain.
11 ,
2. That the City of Spokane Valley City Council in Ordinance No. 19-020(the
12
13 "Ordinance"), a certified copy of which is marked as Exhibit A attached hereto and by this
14 reference made a part of this petition,did deem it necessary for the City's purposes to acquire
15 certain land,real estate,premises,and property described in Exhibit B attached hereto and
16 incorporated herein by this reference,and did provide for the acquisition of said property,
17 I together with a temporary construction easement related thereto also as described in Exhibit B.
18
3. The parcels from which the City seeks to acquire certain land,real estate,
19
20'
premises,and property,together with a temporary construction easement in this action are
211 identified in Exhibit B.
22 4. That the City is unable to agree with the owner or owners of the land,real
23 estate,premises,and property described in Exhibit B for its purchase.
24
5. That the object and purpose for the acquisition of the previously described
25
properties is a public object and a public use of the City,to-wit: improvement of the streets
26
27 and infrastructure in the vicinity of the grade crossing of Barker Road and BNSF railroad
281
291
AMENDED CONDEMNATION PETITION - 2 MENKE JACKSON BEYER,LLP
30 807 North 39*Avenue
Yakima,WA 98902
Telephone(509)575-0313
Fax(5091 5 7 5-03 5 1
1
2 tracks as part of a project designated as the Barker Road/BNSF Grade Separation Project
3 No. 0143.
41
6. That the names of each and every encumbrancer,owner,or other person
51
interested in said lands or other property,or any part thereof,which the City seeks to condemn
6
I
7 by and through this action, so far as can be ascertained from public records,or who are
8 otherwise known to have any interest therein,are as follows:
9 Bradley D. Cassell fee simple interest, and
easement interest
10
11 Spokane County assessment interests,
easement interest, and
12 contractual interest
arising from Sewer
13 Extension Agreement
141
Consolidated Irrigation District No. 19 assessment interest
15
Spokane Firefighters Credit Union potential interest arising
161 under deed of trust
1
17 Avista Corporation easement interests
18
CenturyLink,Inc. easement interests
191
201 High-EST, L.L.C. easement interest,and
potential contractual
21 interest arising from
Sewer Extension
22' Agreement
23 I United Dressed Meats, Inc. easement interest
24
State of Washington interest arising
25 from permit to construct
road approach
26
27 1 Ameristar Meats, LLC potential easement
interest
28
29
30 I AMENDED CONDEMNATION PETITION - 3 MENKE JACKSON RREYER,IA"
807 North 39'Avenue
Yakima,WA 98902
Telephone(509)575-0313
Pax(509)575-0351
1
21 7. In addition to the respondents specifically identified above in paragraph 6,
3
the City also seeks to condemn any and all interests of'all other persons or parties unknown
4
claiming any right, title, estate,lien,or interest in the real estate described in Exhibit B.
5
WHEREFORE,the City prays:
6
7 i 1. That an order be entered adjudicating that the contemplated use for the lands,
8 real estate,and other property sought to be appropriated by this petition is a public use of the
91 City and that said property is necessary for the public use of the City.
101 2. That allowance be made for a date to be set for a trial of this action before a
11
jury, or in case a jury be waived,as in other civil cases in courts of record in the manner
12
131 prescribed by law by the court or judge thereof,at which trial the total amount of compensation
14' to be awarded to all parties interested in the lands herein sought to be appropriated be
15 j determined.
161
3. That upon payment into the registry of this Court of the amount of
17 1 compensation so determined,a decree of appropriation be entered by the Court vesting title to
18
the lands,real estate,premises and other property described in Exhibit B in fee simple in the
19
20 petitioner,the City, and further granting the City temporary construction easement rights to the
211 property described in Exhibit B as may be reasonably necessary and appropriate for the
j22 purposes of the petitioner.
23 I DATED this 244 of April,2020.
24
MENKE JAC ' 1 at, LLP
25 f > ..
26 By: --
`
-----)
27 Kenneth W.Harper WSBA#25578
Attorneys for City of Spokane Valley
281
29
AMENDED CONDEMNATION PETITION-4 MENKEJACKSON UEVER,LLP
30 807 North 39d Avenue
Yakima,WA 98902
Telephone(509)575-0313
Fax(509)575-0351
1
2 I CERTIFICATE OF SERVICE
3!
4 I certify, under penalty of perjury, under the laws of the State of Washington, that on
5 this day, I served a true and correct copy of the attached document on the counsel named
6; herein, by depositing in the United States Postal Service,postage prepaid properly addressed
711 as follows:
8
9 Robert A. Dunn Brook L.Cunningham
10 Dunn&Black,P.S. Timothy J.Nault
111 North Post, Suite 300 Randall/Danskin
11 Spokane, WA 99201 1500 Bank of America Financial Center
601 West Riverside Avenue
12 I Spokane, WA 99201-0653
13 Eric Lindberg Emily J. Harris
14 Lindberg, Corr Cronin,LLP Lindberg, Corr Cronin, LLP
1001 Fourth Ave., Ste. 3900 1001 Fourth Ave., Ste. 3900
15 I Seattle,WA 98154 Seattle,WA 98154
16 Ron Arkills Gregory C. Hesler
17 Sr. Deputy Prosecuting Attorney Avista Corporation
Spokane County Prosecuting Attorney's 1411 E. Mission Avenue
18 Office Spokane,WA 99201-1902
Civil Department
19 1115 West Broadway,2"d Floor
20 Spokane, WA 99260
21 Matthew D. Huot Consolidated Irrigation District No. 19
Attorney General of Washington 120 N. Greenacres Road
22 P.O. Box 40113 Spokane Valley, WA 99016
23' Olympia, WA 98504-0113
Spokane Firefighters Credit Union
24 2002 N. Atlantic
25' Spokane, WA 99205
26
27 ,Dated in Yakima, Washington,this :�7 day of April,2020.
I 28 C.--
_ dlo
JANET L. ROSE
29
301 AMENDED CONDEMNATION PETITION- 5 MENKE JACKSON BEYER,LLP
807 North 39 Avenue
Yakima,WA 98902
Tolaphone(509)575-0313
Fax(509)575-0351
EXHIBIT A
I, Carrie Koudelka, Deputy City Clerk for the City of Spokane Valley, Washington, do hereby
certify that the attached is a full, true, and correct copy of Ordinance 19-020 approved by the Spokane
Valley City Council at the November 12,2019,Council meeting.
WITNESS my hand and official seal this 23rd day of March 2020.
Carrie Koudelka, Spokane Valley Deputy City Clerk
yp O KAN,
Off• Pp Op
4
SEAL`
sum
INCORPORATED •
r '
March 31,2003 . c
• r1 •
Iti111 �
j� 1�
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 Plan 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 wore,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 I (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. Entails. 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 arc 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. Scverability, 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. Cotvectipps. Upon the approval of die 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 G. 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 12th day of November,2019.
ATTlST1
CA/
ristinc Bainbridge,City Cletk L.R. 11igg s, ay r
Approved ogt orm:
Office the City niey
Date of Publication: /`—24 QZo//
f itf'eofve Date: L f;at/J zZe/f
Ordinance 19-020 Barker Road/BNSF Grade Reparation Project Pogo 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 I
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 9 211+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 One 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 Ilne 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 paint opposite HES L 107+83.89 on
said line survey and 132.80 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 1.102+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.
EXHIBIT B
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) •
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
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 132.80 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.
EXHIBIT B
1
2
3
4
5
6
7
8 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF SPOKANE
9
10 CITY OF SPOKANE VALLEY, a ) NO. 19-2-05284-32
11 Washington non-charter code city, )
12 STIPULATED DECREE OF
Petitioner, APPROPRIATION
13 v. )
14' )
BRADLEY D. CASSELL,a single man; )
15 SPOKANE COUNTY, a political )
subdivision of the State of Washington; )
16 CONSOLIDATED IRRIGATION )
17 DISTRICT NO. 19, a quasi-municipal )
corporation of the State of Washington;
18 SPOKANE FIREFIGHTERS CREDIT )
UNION, a Washington chartered credit )
19 union;AVISTA CORPORATION,a )
1 Washington public utility corporation; )
20 CENTURYLINK, INC., a foreign )
21 corporation; HIGH-EST, L.L.C., a )
Washington limited liability company;
22 UNITED DRESSED MEATS, INC.,a )
Washington corporation; STATE OF )
23. WASHINGTON; AMERISTAR MEATS, )
24 LLC,a foreign limited liability company; )
and also all other persons or parties )
25 unknown claiming any right,title, estate, )
lien, or interest in the real estate described )
26 in the petition herein, )
27
Respondents.
28
29
30 STIPULATED DECREE OF APPROPRIATION - 1 MENKE JACKSON BEYER,LLP
807 North 39'"Avenue
Yakima,WA 98902
Telephone(509)575-0313
Fax(509)575.0351
1
2
WHEREAS THE CITY OF SPOKANE VALLEY AND THE PARTIES appearing
411
herein having agreed by and through their respective attorneys of record undersigned below
5
that just compensation for the taking of the property more fully described in the exhibits
6
7 attached hereto, and the damaging of the remainder(including any costs to cure), if any there
8 I be,together with all other damages, costs, or other monies due any respondent herein, has been
9 paid by petitioner,the receipt of which is hereby acknowledged by respondents entitled thereto;
10 now,therefore,
11
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that on account of said
12
13 payment petitioner is and shall be the owner in fee simple of the real property and all
14 appurtenant property rights pursuant to the statutory warranty deed in the form attached hereto
15 as Exhibit A and incorporated herein by this reference as a part of this order and judgment.
16 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the petitioner is
17 granted a temporary construction easement in the form attached hereto as Exhibit B and
18
incorporated herein by this reference as a part of this order and judgment.
19
20 DATED THIS day of ,2020.
21
22 HONORABLE MICHELLE D. SZAMBELAN
SUPERIOR COURT JUDGE
23
24 //
//
25 //
//
26
27
28
29
30 STIPULATED DECREE OF APPROPRIATION -2 MENKE JACKSON BEYER,LLP
807 North 3904 Avenue
Yakima,WA 98902
Telephone(509)575-0313
Fax(509)575-0351
1
2 Presented by:
3 MENKE JACKSON BEYER, LLP
4
5
Kenneth W. Harper WSBA# 25578
6 Attorneys for City of Spokane Valley
7 Approved as to form and content;notice of presentation
waived, and stipulated as to entry hereof:
8
9
Robert A.Dunn, WSBA# 12089
10 Dunn&Black, P.S.
11 ; Attorneys for Respondents Bradley D
Cassell and High-EST, L.L.C.
12
13
14, Gregory C. Hesler, WSBA# 34217
Attorney for Respondent Avista Corporation
15
16
17 Brook L. Cunningham, WSBA#39270
Randall Danskin,P.S.
18 Attorneys for Respondent Avista Corporation
19
20
Timothy J.Nault, WSBA# 47931
21 Randall Danskin,P.S.
22 Attorneys for Respondent Avista Corporation
23
24 Ronald Arkills, WSBA# 10773
25 Spokane County Prosecuting Attorney's Office
Attorneys for Respondent Spokane County
26
27
Emily J. Harris, WSBA# 35763
28 Corr Cronin LLP
29
30 STIPULATED DECREE OF APPROPRIATION - 3 MENKE JACKSON BEYER,LLP
807 North 39'4 Avenue
Yakima,WA 98902
Telephone(509)575-0313
Fax(509)575-0351
1
21 Attorneys for Respondent CenturyLink, Inc.
3
4
Eric Lindberg, WSBA#43596
5 Corr Cronin LLP
6 Attorneys for Respondent CenturyLink, Inc.
7
8
Matthew D.Huot, WSBA#40606
9 Assistant Attorney General
10 Office of the Attorney General of Washington
Attorneys for Respondent State of Washington
11
121
13
14
151
16
17
18
19
20
21
22
23
24
25 '.
26
27
28
291
STIPULATED DECREE OF APPROPRIATION -4 MENKE JACKSON BEYER,LLP
30 807 North 39'h Avenue
Yakima.WA 98902
Telephone(509)575-0313
Fax(509)575-0351
I
1
2 CERTIFICATE OF SERVICE
3
4 1 certify, under penalty of perjury, under the laws of the State of Washington, that on
5 this day, I served a true and correct copy of the attached document on the counsel named
6! herein, by depositing in the United States Postal Service, postage prepaid properly addressed
7 as follows:
8'
9 Robert A. Dunn Brook L. Cunningham
10 Dunn & Black, P.S. Timothy J.Nault
111 North Post, Suite 300 Randall/Danskin
11 Spokane, WA 99201 1 500 Bank of America Financial Center
601 West Riverside Avenue
12 Spokane, WA 99201-0653
13 i Eric Lindberg Emily J. Harris
14 Lindberg,Con-Cronin, LLP Lindberg, Corr Cronin, LLP
1 1001 Fourth Ave., Ste. 3900 1001 Fourth Ave., Ste. 3900
151 Seattle, WA 98154 Seattle, WA 98154
16 Ron Arkills Gregory C. Hester
17 Sr. Deputy Prosecuting Attorney Avista Corporation
Spokane County Prosecuting Attorney's 1411 E.Mission Avenue
18 Office Spokane, WA 99201-1902
Civil Department
19 1115 West Broadway, 2nd Floor
20 Spokane, WA 99260
21 Matthew D. Huot Consolidated Irrigation District No. 19
Attorney General of Washington 120 N. Greenacres Road
221 P.O. Box 40113 Spokane Valley, WA 99016
23 Olympia, WA 98504-0113
24 Spokane Firefighters Credit Union Brian Patient, Sr. Counsel
2002 N. Atlantic US Foods/Ameristar Meats, LLC
25 Spokane, WA 99205 9399 West Higgins Road
Rosemont, IL 60018
26'
27 Dated in Yakima, Washington,this day of ,2020.
28
29 JANET L. ROSE
30 STIPULATED DECREE OF APPROPRIATION - 5 MENKE JACKSON BEYER,LLB'
807 North 39'h Avenue
Yakima,WA 98902
Telephone(509)575-0313
Fax(509)575-0351
I
EXHIBIT A
After recording return document to:
City of Spokane Valley
City Clerk
10210 E. Sprague Ave.
Spokane Valley,WA 99206
Document Title: Warranty Deed
Reference Number of Related Document:
Grantor(s): Cassell,Bradley
Grantee(s): Government, City of Spokane Valley
Legal Description: Ptn of Gov.Lot 1,Sec. 6,T25N,R45E,W.M
Additional Legal Description is on Page 4 of Document.
Assessor's Tax Parcel Number: 55061.9002 and 55061.9047 and 55061.9048
WARRANTY DEED
Barker Road/BNSF Grade Separation Project No. 0143
The Grantor, Bradley Cassell,an unmarried person, for and in consideration of the sum
of FOUR HUNDRED FIVE THOUSAND AND NO/100 ($405,000.00) Dollars, and other
valuable consideration,hereby conveys and warrants to the City of Spokane Valley,a municipal
corporation of State of Washington, Grantee, the following described real property situated in
Spokane Valley, Spokane County, in the State of Washington,under the imminent threat of the
Grantee's exercise of its rights of Eminent Domain:
For legal description see Exhibit"A"
attached hereto and made a part hereof.
FA No. REP-4123(005)
Project No. 0143
LPA-302 Parcel No.55061.9002,55061.9047
10/2014 Page 1 of(5)Pages and 55061.9048
WARRANTY DEED
It is understood and agreed that delivery of this deed is hereby tendered and that the
terms and obligations hereof shall not become binding upon the City of Spokane Valley unless
and until accepted and approved hereon in writing for the City of Spokane Valley, by its
authorized agent.
Date: , 2020
BRADLEY CASSELL
By:
Accepted and Approved
City of Spokane Valley
By:
Title:
FA No. REP-4123(005)
Project No. 0143
LPA-302 Parcel No.55061.9002,55061.9047
I0/2014 Page 2 of(5)Pages and 55061.9048
WARRANTY DEED
STATE OF WASHINGTON )
) ss
SPOKANE COUNTY )
I certify that I know or have satisfactory evidence that BRADLEY CASSELL, an unmarried
person, is the individual who appeared before me, and said individual acknowledged that he
signed this instrument, and acknowledged it as his free and voluntary act, for the uses and
purposes mentioned in the instrument.
Dated this day of ,2020.
NOTARY PUBLIC in and for the State of WA
Residing at
My appointment expires:
FA No. REP-4123(005)
Project No. 0143
LPA-302 Parcel No.55061.9002,55061.9047
10/2014 Page 3 of(5)Pages and 55061.9048
Exhibit A
Legal Description for Deed
Sheet 1 of 2
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 A
Legal Description for Deed
Sheet 2 of 2
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.
EXHIBIT B
After recording return document to:
City of Spokane Valley
City Clerk
10210 E.Sprague Ave.
Spokane Valley,WA 99206
Document Title: Temporary Construction Easement
Reference Number of Related Document:
Grantor(s): Cassell, Bradley
Grantee(s): Government,City of Spokane Valley
Legal Description: Ptn of Gov. Lot 1,Sec. 6,T25N, R45E, W.M.
Additional Legal Description is on Page 4 of Document.
Assessor's Tax Parcel Number: 55061.9048
TEMPORARY CONSTRUCTION EASEMENT
Barker Road/BNSF Grade Separation Project No. 0143
The Grantor, Bradley Cassell, an unmarried person, for good and valuable consideration,
conveys,warrants, and grants unto the City of Spokane Valley, a municipal corporation of the
State of Washington, and its assigns, Grantee, under the imminent threat of the Grantee's
exercise of its right of eminent domain, the right, privilege, and easement over, upon, and
across the hereinafter described lands for the purpose of construction access, material staging
area, equipment staging area, and temporary construction, solely for the construction of public
street improvements, with necessary appurtenances, within the adjoining public right of way
relating to the Grantee's Barker Road/BNSF Grade Separation Project, and includes other
uses deemed necessary by City of Spokane Valley for the safety and welfare of the public in
the construction of the said Project.
The easement granted hereby, and the duties, restrictions, limitations, and obligations herein
created, shall run with the land, shall burden the subject property, and shall be binding upon
the Grantor and his respective successors, assigns, mortgagees, lessees, and each and every
other person who has or shall at any time have a fee, mortgage, leasehold, or any other
interest in and to any part of the subject property. Grantor represents and warrants that he has
FA No.REP-4123(005)
Project No. 0143
1,PA-325 Pagc 1 of(4)Pages Parcel No. 55061.9048
10/2014
TEMPORARY CONSTRUCTION EASEMENT
full right, title, and authority to convey this easement and that it is fully enforceable according
to its terms.
The temporary rights herein granted shall commence on the date of execution and shall
terminate on the City's final acceptance of construction of the Project or five (5) years after
the date of execution,whichever first occurs.
Said lands being situated in Spokane County, State of Washington, and described as follows:
For legal description see Exhibit"A"
attached hereto and made a part hereof.
It is understood and agreed that delivery of this temporary easement is hereby tendered and
that the terms and obligations hereof shall not become binding upon the City of Spokane
Valley unless and until accepted and approved hereon in writing for the City of Spokane
Valley, by its authorized agent.
Date: . 2020
BRADLEY CASSELL
By:
Accepted and Approved
City of Spokane Valley
By:
Title:
LPA-325 Page 2 of(4)Pages Parcel No. 55061.9048
10/2014
TEMPORARY CONSTRUCTION EASEMENT
STATE OF WASHINGTON )
) ss
SPOKANE COUNTY )
I certify that I know or have satisfactory evidence that BRADLEY CASSELL, an unmarried
person, is the individual who appeared before me, and said individual acknowledged that he
signed this instrument, and acknowledged it as his free and voluntary act, for the uses and
purposes mentioned in the instrument.
Dated this day of ,2019.
NOTARY PUBLIC in and for the State of WA
Residing at
My appointment expires:
LPA-325 Page 3 of(4)Pages Parcel No. 55061.9048
10/2014
Exhibit A
Legal Description for Temporary Construction Easement
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
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 132.80 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.
EXHIBIT C
1
2
3 ,
4
5 ,
6
7
8, IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF SPOKANE
9
10 CITY OF SPOKANE VALLEY, a ) NO. 19-2-05284-32
11 Washington non-charter code city, )
12 i STIPULATION AND ORDER OF
Petitioner, DISMISSAL
13 v. )
14 )
BRADLEY D. CASSELL, a single man; )
15 SPOKANE COUNTY,a political )
subdivision of the State of Washington; )
16 CONSOLIDATED IRRIGATION )
DISTRICT NO. 19, a quasi-municipal
17 corporation of the State of Washington; )
18 SPOKANE FIREFIGHTERS CREDIT )
UNION, a Washington chartered credit )
19 union; AVISTA CORPORATION,a )
Washington public utility corporation; )
20 CENTURYLINK, INC., a foreign
21 corporation; HIGH-EST, L.L.C.,a )
Washington limited liability company; )
22 UNITED DRESSED MEATS, INC., a )
Washington corporation; STATE OF )
23 WASHINGTON; AMERISTAR MEATS, )
24 LLC, a foreign limited liability company; )
and also all other persons or parties )
25 unknown claiming any right,title, estate, )
lien, or interest in the real estate described )
26 in the petition herein, )
27
Respondents.
28'
29
30 STIPULATION AND ORDER OF DISMISSAL - I MENKE JACKSON BEYER,LLP
807 North 39'h Avenue
Yakima,WA 98902
Telephone(509)575-0313
Fax(509)575-0351
1
1
2
3 I. STIPULATION
4
The parties appearing herein by and through their attorneys of record agree and
5
stipulate that all claims to compensation due any respondent arising out of the condemnation
6
7 petition and/or amended condemnation petition shall be and hereby are deemed fully
8 satisfied and compromised and thereby agree and stipulate to a dismissal of all claims in the
9 above matter with prejudice and without an award of costs to any party.
10
11
Kenneth W. Harper WSBA#25578 Dated
12', Menke Jackson Beyer, LLP
13 Attorneys for City of Spokane Valley
14
15 Robert A.Dunn, WSBA# 12089 Dated
Dunn& Black, P.S.
16 Attorneys for Respondents Bradley D.
17 Cassell and High-EST, L.L.C.
18
19 Gregory C. Hesler, WSBA# 34217 Dated
20 Attorney for Respondent Avista Corporation
21
22 Brook L. Cunningham, WSBA#39270 Dated
231 Randall Danskin, P.S.
Attorneys for Respondent Avista Corporation
24
25I
26 Timothy J.Nault, WSBA#47931 Dated
Randall Danskin, P.S.
27 Attorneys for Respondent Avista Corporation
28
29
30 STIPULATION AND ORDER OF DISMISSAL-2 MENKE JACKSON BEYER,LLP
807 North 39'"Avenue
Yakima,WA 98902
Telephone(509)575-0313
Fax(509)575-0351
1
2
3
4! Ronald Arkills, WSBA# 10773 Dated
5 I Spokane County Prosecuting Attorney's Office
Attorneys for Respondent Spokane County
6
7
8 Emily J. Harris, WSBA# 35763 Dated
Corr Cronin, LLP
9 Attorneys for Respondent CenturyLink, Inc.
101
11 .
Eric Lindberg, WSBA#43596 Dated
12 Corr Cronin, LLP
13 Attorneys for Respondent CenturyLink, Inc.
14'
15 Matthew D. Huot, WSBA#40606 Dated
Assistant Attorney General
16 Office of the Attorney General of Washington
17 Attorneys for Respondent State of Washington
18
II. ORDER
191,
20 THIS MATTER having come before the Court upon the written stipulation set forth
21 above, now, therefore,
22 IT IS HEREBY ORDERED,ADJUDGED and DECREED,that all claims to
23 compensation due any respondent arising out of the condemnation petition shall be and
24
hereby are deemed fully satisfied and compromised and the same are hereby dismissed with
251
prejudice and without an award of costs to any party.
26
27 DATED THIS day of ,2020.
28
29
STIPULATION AND ORDER OF DISMISSAL- 3 MENKE JACKSON BEYER,LIT
30 807 North 39'h Avenue
Yakima,WA 98902
Telephone(509)575.0313
Fax(509)575-0351
1
2
3
4
HONORABLE MICHELLE D. SZAMBELAN
5 SUPERIOR COURT JUDGE
6'.
7 Presented by:
8
MENKE JACKSON BEYER, LLP
9
10
11 Kenneth W. Harper WSBA# 25578
Attorneys for City of Spokane Valley
12 I Approved as to form and content; notice of presentation
13 waived, and stipulated as to entry hereof:
141
15 Robert A. Dunn, WSBA# 12089
11 Dunn & Black, P.S.
16 Attorneys for Respondents Bradley D
17 Cassell and High-EST, L.L.C.
18
19 Gregory C. Hesler, WSBA# 34217
20 Attorney for Respondent Avista Corporation
21
22 Brook L. Cunningham, WSBA# 39270
23 Randall Danskin, P.S.
Attorneys for Respondent Avista Corporation
24
25
26 Timothy J.Nault, WSBA# 47931
Randall Danskin, P.S.
27 Attorneys for Respondent Avista Corporation
28
291
STIPULATION AND ORDER OF DISMISSAL-4 MENKE JACKSON BEYER,1,LP
30 807 North 39ih Avenue
Yakima,WA 98902
Telephone(509)575.0313
Fax(509)575-0351
1 ,
2'
3
4 Ronald Arkills, WSBA# 10773
Spokane County Prosecuting Attorney's Office
5 Attorneys for Respondent Spokane County
6
7
Emily J. Harris, WSBA# 35763
8 Corr Cronin LLP
Attorneys for Respondent CenturyLink, Inc.
9
10
11 Eric Lindberg, WSBA#43596
Corr Cronin LLP
12 Attorneys for Respondent CenturyLink, Inc.
13
14
Matthew D. Huot, WSBA#40606
15 Assistant Attorney General
Office of the Attorney General of Washington
16
Attorneys for Respondent State of Washington
17
18
19
20
21
22
23
24
25
26!
27
28
29
11
30 STIPULATION AND ORDER OF DISMISSAL- 5 MENKE JACKSON BEYER,LLP
807 North 39"Avenue
Yakima,WA 98902
Telephone(509)575-0313
Fax(509)575-0351
1
2 CERTIFICATE OF SERVICE
3', I certify, under penalty of perjury, under the laws of the State of Washington, that on
4
this day, I served a true and correct copy of the attached document on the counsel named
5
herein, by depositing in the United States Postal Service, postage prepaid properly addressed
6
7 as follows:
81
Robert A. Dunn Brook L. Cunningham
9 Dunn & Black, P.S. Timothy J. Nault
10 111 North Post, Suite 300 Randall/Danskin
Spokane, WA 99201 1500 Bank of America Financial Center
11 601 West Riverside Avenue
Spokane, WA 99201-0653
12
Eric Lindberg Emily J. Harris
13 1 Lindberg, Corr Cronin, LLP Lindberg,Corr Cronin, LLP
14 1001 Fourth Ave., Ste. 3900 1001 Fourth Ave., Ste. 3900
Seattle, WA 98154 Seattle, WA 98154
15
Ron Arkills Gregory C. Hesler
16 Sr. Deputy Prosecuting Attorney Avista Corporation
Spokane County Prosecuting Attorney's 1411 E. Mission Avenue
17 Office Spokane, WA 99201-1902
18 Civil Department
1115 West Broadway, 2"d Floor
19 Spokane, WA 99260
20 Matthew D. Huot Consolidated Irrigation District No. 19
21 Attorney General of Washington 120 N. Greenacres Road
P.O. Box 40113 Spokane Valley, WA 99016
22 Olympia, WA 98504-0113
23 Spokane Firefighters Credit Union Brian Patient, Sr. Counsel
24 2002 N. Atlantic US Foods/Ameristar Meats, LLC
Spokane, WA 99205 9399 West Higgins Road
25 Rosemont, IL 60018
26 Dated in Yakima, Washington,this day of , 2020.
27
281
JANET L. ROSE
29 ,
30 STIPULATION AND ORDER OF DISMISSAL-6 MENKE JACKSON BEYER,LLP
807 North 39'h Avenue
Yakima,WA 98902
Telephone(509)575-0313
Fax(509)575-0351
1
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28
29
30 STIPULATION AND ORDER OF DISMISSAL- 7 MENKEJACKSON BEYER,LLP
807 North 39'Avenue
Yakima,WA 98902
Telephonc(509)575-0313
Fax(509)575-0351