Ordinance 23-014 Pines BNSF GSP Condemnation (2)CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO.23-0I4
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 PINES ROAD/BNSF
GRADE SEPARATION 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, by 2006 the Spokane Regional Transportation Council had identified a grade
separation of Pines 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
2045, identifies a Pines Road/BNSF grade separation project as a regionally significant project; and
WHEREAS, the Spokane Valley Comprehensive PIan 2017-2037, adopted December 2016 by
Ordinance 16-018, amended by Ordinance 18-014, and by Ordinance 19-004, states on page 5-84 that
"Spokane Valley continues to strongly support the grade separation projects of the BNSF mainline at major
roads Iike Park, Pines, and Barker."; and
WHEREAS, through the adoption of the 2023 Annual Budget, the City Council's goals include
advancing "the Pines Road/BNSF Grade Separation project to construction...."; 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 Pines
Road/BNSF Separation project that includes: 1) grade separation of Pines Road and the BNSF railroad
tracks; 2) replacement of the existing signalized intersection at Pines Road/Trent Avenue with a
roundabout; and 3) sidewalk and ADA accessible improvements (hereafter the "project"); and
WHEREAS, the above -stated actions of the City Council were, and are, consistent with state law
and with the City's Comprehensive Plan; and
WHEREAS, the City Council has found that the public health, safety, necessity, and convenience
demand that the project be undertaken at this time and that in order to carry out the project it is necessary
at this time for the City to acquire land and real property interests described herein; and
WHEREAS, the City Council finds and declares it necessary and in the best interest of the public
that land and real property interests described herein be condemned, appropriated, and taken for public use,
subject to the making or paying of just compensation to the owners thereof in the manner provided by law;
and
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.
Ordinance 23-014 Pines Road/BNSF Grade Separation Project Land Acquisition Page 1 of 3
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 the City
of Spokane Valley and unincorporated Spokane County, Washington, in the vicinity of the crossing of Pines
Road of BNSF railroad tracks near Trent Avenue (SR 290) in the City of Spokane Valley, Washington, and
further described in the attached Exhibit A (subsequently referred to collectively as the "property"), are
necessary for construction of the Pines Road/BNSF Grade Separation project. The City of Spokane Valley
finds that construction of the project is a public use, specifically including: 1) grade separation of Pines
Road and the BNSF railroad tracks; 2) replacement of the existing signalized intersection at Pines
Road/Trent Avenue with a roundabout; and 3) sidewalk and ADA accessible improvements. The City
Council specifically finds that construction of the project is necessary and in the best interest of the citizens.
Section 2. Funding. The project, including the cost and expense of acquiring the property, will be
paid from any of several funding sources, including a congressional directed spending (congressional
earmark), a Consolidated Rail Infrastructure and Safety (CRISI) grant, Federal Highway Administration
Surface Transportation Program (FHWA- STP) funds, Surface Transportation Block Grants, a Congestion
Mitigation Air Quality (CMAQ) grant, a Rebuilding American Infrastructure with Sustainability and Equity
(RAISE) grant, state funds, the allocation of funds directly from the City, and from other monies applicable
thereto or that the City may obtain. The City Manager or the City Manager's 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 the City Manager's 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 the City Manager's 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 the City Manager's designees are further authorized to
approve and enter into any and all such agreements, stipulations, and orders necessary to carry out the
provisions of this Ordinance.
Section 4. Severability. If any section, sentence, clause, or phrase of this Ordinance should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or
phrase of this Ordinance.
Section 5. Corrections. Upon the approval of the City Attorney, the City 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 23-014 Pines Road/BNSF Grade Separation Project Land Acquisition Page 2 of 3
Passed by the City Council of (lie City of Spokane Valley this 22 ,d day of August, 2023,
ATFS'.:
Marci Pat -son, City Clerk
Approved as to form:
WI;e of ffie—City Atto-nicy
Date of Publication:
Lffiective Date:
Pam Haley, Mayor"',
Ordinance 23-014 Pines Road/BNSF Grade Separation Pr(�ject Land Acquisition Page 3 of 3
Ordinance 23-014
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