Ordinance 20-020 Sullivan Wellesley Project CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO.20-020
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
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 previously 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 Porker Road Urban
Connector project; ad
WFIEREAS,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 Sullivan/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
Ordinance 20-020 Sullivan/Wellesley Project Page 1 of 3
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
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 loading 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 owners of record of Spokane County Assessor Parcel Number 45021.5909, as
indicated on the tax rolls of the Spokane County Assessor, is FNF INVESTMENTS, LLC and KEATON
FLANIGAN, having an address, as set forth in the tax rolls, of 2318 SOUTH PARK DRIVE, SPOKANE,
WA 99203-1934. The owners of record have at this time refused to sell the identified portions of Assessor
Parcel Number 45021.5909 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 I,namely portions of Spokane County
Assessor Parcel No.45021.5909(subsequently referred to collectively as the"property"),are necessary for
construction of the Sullivan/Wellesley Project. The City finds that construction of the Project is a public
use, specifically including: 1) 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.
Ordinance 20-020 Sullivan/Wellesley Project Page 2 of 3
Section 3. Eminent Domain. In the absence of negotiated purchases with the owners of the
property, the City Manager and/or his designees are hereby authorized to commence condemnation
proceedings for the property,pursuant to law,to determine and make or pay just compensation, and to take
such other steps as may be necessary to complete acquisition of the property. In so doing,the City Manager
and/or his designees are authorized to adjust the extent of the property and property interests taken or
acquired to facilitate implementation of this Ordinance, provided that such adjustment shall not be
inconsistent with the Project, 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$9,500 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.
(,),/
AT S Ben Wick, Mayor
ristine Bainbridge, City Clerk
Approved as to
form:
Office oft e City rney
Date of Publication; I/—l• 3 ,6
Effective Date:
Ordinance 20-020 Sullivan/Wellesley Project Page 3 of 3
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o Call before you dig. DRAWN BY: RPB 10/22/20 CHECKED BY:EKA 10/22/20