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Ordinance 20-019 Sullivan Wellesley Project CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO.20-019 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 SULLIVAN/WELLESLEY 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,the City of Spokane Valley, Washington is a municipal subdivision and code city of the State of Washington, duly organized and existing under and by virtue of the Constitution and the laws of the State of Washington; and WHEREAS, pursuant to the provisions of chapter 8.12 RCW, the City is authorized and empowered to condemn land and property within the city for public use and the City Council is authorized to deem such acquisition necessary for City purposes; and WHEREAS,pursuant to RCW 35.22.280(6)the City Council is authorized to acquire land for city purposes by condemnation and exercise the right of eminent domain, and to perform all acts necessary and proper for the administration of city roads; and WHEREAS,Spokane County had identified intersection improvements for the Sullivan Road and Wellesley Avenue intersection, including signalization and reconfiguration (the "Sullivan/Wellesley Project")as an extension of Spokane County's Bigelow Gulch/Forker Road Urban Connector project; and WHEREAS,the current plan of the Spokane Regional Transportation Council,known as Horizon 2040, identifies the Sullivan/Wellesley Project as regionally significant; and WHEREAS, the City is in the process of improving, upgrading, and reconstructing the Sullivan and Wellesley intersection. The Sullivan/Wellesley Project will improve the intersection, including a signalized intersection with appropriate traffic control devices,sidewalks and a shared-use path, along with new landscaping and irrigation; and WHEREAS, the goal of the SulIivan/Wellesley Project is to improve the City's road system to better serve the public health, safety, and welfare, and to provide safety benefits for both motorized and non-motorized traveling public; and WHEREAS, the Sullivan/Wellesley Project meets the goals set forth in the City's Six-Year Transportation Improvement Program, which identifies this project of both local and regional significance that benefits the transportation system and promotes public safety and efficient vehicle movement; and WHEREAS, the Sullivan/Wellesley Project was part of the Bigelow Gulch Environmental Assessment that was performed to analyze the various options (including doing nothing)and determine the potential impact to the environment; and Ordinance 20-019 Sullivan/Wellesley Project Page 1 of 3 WHEREAS, the Sullivan/Wellesley Project was identified as requiring improvements in the Sullivan Road Corridor Advanced Study completed in 2015 and the Addendum completed in 2020. This Assessment reviewed traffic Ioading and the capacity of the existing roadway level of service and determined the Sullivan/Wellesley intersection has a low level of service; 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 WHEREAS, the owner of record of Spokane County Assessor Parcel Number 45021.5907, as indicated on the tax rolls of the Spokane County Assessor, is FNF INVESTMENTS, LLC, having an address, as set forth in the tax rolls, of 2318 SOUTH PARK DRIVE, SPOKANE, WA 99203-1934. The owner of record has at this time refused to sell the identified portions of Assessor Parcel Number 45021.5907 in conjunction with the terms offered by the City; and WHEREAS,notice of the planned final action set forth herein was duly provided pursuant to RCW 8.12.005 and RCW 8.25.290. NOW THEREFORE, the City Council of the City of Spokane Valley, Washington, ordains as follows: Section 1. Public Use and Necessity. The certain land and real property interests within the City of Spokane Valley, specifically in the vicinity of the Sullivan Road/Wellesley Avenue intersection, in the City of Spokane Valley, and further described in the attached Exhibit 1 (subsequently referred to collectively as the "property"), are necessary for construction of the Sullivan/Wellesley Project, namely portions of Spokane County Assessor Parcel No. 45021.5907. The City finds that construction of the Project is a public use, specifically including: I)the addition of a signalized intersection with appropriate traffic control devices, 2)sidewalk and ADA accessible improvements, and a shared-use path, and 3)new landscaping and irrigation improvements. The City Council specifically finds that construction of the Project is necessary and in the best interest of the citizens of the City. Section 2. Funding. The Project,including the cost and expense of acquiring the property,will be paid from federal funding through the US Department of Transportation's Federal Highways "Congestion Mitigation and Air Quality"(CMAQ)Improvement Program Grant Money, the allocation of funds directly from the City and Spokane County, and from other monies applicable thereto or that the City or Spokane County 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 Ordinance 20-019 Sullivan/Wellesley Project Page 2 of 3 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, including but not limited to addition, deletion, or changes to the character of the acquisition which may be found necessary for the completion of the Project, are negotiated with the property owner, or are deemed necessary for City purposes. 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. Rejection of Offer. The Council has been advised that an offer of $6,300.00 is determined to be the fair value to be paid to the owner(s) of said property and/or land for City purposes, and said amount has been offered to the owner of the above-described property and/or land for public purposes, and said owner has manifested rejection of this offer. Section 5. 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 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. Passed by the City Council of the City of Spokane Valley this 3rd day of November 2020. uJ AT - Ben Wick, Mayor Christine Bainbridge, City Clerk Approved form: 4,c12( Offi e o the r Attorney Date of Publication: Effective Date: ,// - l(12 ; i Ordinance 20-019 Sullivan/Wellesley Project Page 3 of 3 i m 1 a R [V R P. g o a 3 e M �/ 2� WELLESLEY — — _� 1� o p m — RW----F __\_________. RW RW r .. 1 ROBERT W.C. MAU AND a GREA . MAV CORP. OF THE PRESIDING BISHOP Q ug TR LIVING OF THE CHURCH OF JESUS r w 4 45012.9054 = PL FL PL i- z w W 0 FNF INVESTMENTS, LLC I PL $ 45021.5907 ----\ \\ a z 0 W PL FL w 0 FL Z w FNF INVES1MENTS, LLC 7 CAAND KEATON FLANIGAN `C LU O 45021.5909 D. CI) FL FL PL APFX—FL r G. %VILIAM F. KORFHAGE CO 0 O AND SIN OK KORFHAGE 0 45021.5910 z, 30 1 re FL PL ce w PL l Po \i Ui 'a tt ;i LEGEND a V fe o ROW ACQUIRED AND RECORDED _r --I ROW NEGOTIATED AND PENDING_7 FINAL DOCUMENTS rot SULLIVAN /WELLESLEY ROW EXHIBIT � lTr �(TAA.�ry a �0 ROW REQUIRING CONDEMNATION 1 iG o Know what's below ORDINANCE TO MOVE FORWARD ll PROJECT NO. 0249 SCALE: 1"=100' Fi Call before you dig. � DRAWN BY: RPB 10/22/20 CHECKED BY:EKA 10/22/20