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Resolution 10-006 Declaring Surplus Property CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 10-006 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, DECLARING REAL PROPERTY TO BE SURPLUS PURSUANT TO SPOKANE VALLEY MUNICIPAL CODE (SVMC) SECTION 3.40.070(B); APPROVING THE TRADE OF REAL PROPERTY PURSUANT TO SVMC 3.40.070(D); AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY TO CONVEY AND/OR SELL SAID REAL PROPERTY. WHEREAS, Spokane Valley Municipal Code (SVMC) 3.40.070(B) requires a declaration that real property be declared surplus by the Spokane Valley City Council prior to its disposal; and WHEREAS, the criteria for a declaration of surplus property is set forth in SVMC 3.40.070 includes the following: 1. The City has or anticipates no practical, efficient, or appropriate use for the property. 2. The purpose served by the property can be accomplished by use of a better, less costly, or more efficient alternative. 3. The purpose served by the property no longer exists as determined by a change of policy or practice. WHEREAS, upon such a declaration passed by resolution by the Spokane Valley City Council, the Finance Director is authorized to sell surplus property; and WHEREAS, department directors have been notified of the surplus nature of this property and no department other than the Public Works Department has any desire to acquire or use the proposed surplus property; and WHEREAS, a trade of real property is allowed pursuant to SVMC 3.40.070 (D) where, upon receipt of a report by the Finance Director, the City finds that the trade of real property would realize a greater benefit to the City than a sale for cash; and WHEREAS, approximately 1,330 square feet of real property was acquired as part of the acquisition of right-of-way for the Broadway Avenue Improvement Project No. 0088, commonly referred to as parcel 43B2. The property was appraised by Skillings-Connolly. The City subsequently determined that additional right-of-way and utility and swale easement was required from an adjacent property owner. By trading the unneeded parcel 43B2, the City is able to reduce the cost of acquiring the necessary right-of-way and utility and swale easement from the adjacent property. All of the parcels of property involved have been appraised, and the City is receiving full value for the traded property. The specific costs and property descriptions are set forth in the report by the Project Manager, Senior Engineer, Public Works Director and Finance Director attached hereto; and WHEREAS, as a result of this trade the City would realize a greater benefit than would be derived for the cash sale of the property in question; and WHEREAS, pursuant to SVMC 3.40.070 (D) upon the declaration of surplus real property and where a benefit to the City is established, such a trade of real property is authorized. Resolution No. 10-006 Declaring Property Surplus Page 1 of 2 Now therefore, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington, as follows: Section 1. Declaration of Surplus. The City of Spokane Valley City Council hereby declares that the real property identified as: That portion of the East Half of Tract 3 of VERA, as per plat recorded in Volume "0" of Plats, Page 30, records of Spokane County; being all that part of the 50 foot right of way of the Great Northern Railway Company (formerly the Spokane, Coeur d'Alene and Palouse Railway) lying within 25 feet on each side of the centerline of the main tract of the railway of said Railway Company as formerly located and constructed, but now removed and abandoned, lying east of Lennox Subdivision, according to plat recorded in Volume 24 of Plats, Pages 95-96 records of Spokane County; EXCEPT the North 10.00 feet strip being parallel with the north line of said Tract 3; Situate in the City of Spokane Valley, County of Spokane, State of Washington. is hereby declared to be surplus in that the City has no practical, efficient or appropriate use for the property other than to trade it for property necessary for the completion of the Broadway Avenue Improvement Project No. 0088. Section 2: Authorization to Trade Real Property. The City Manager or designee is hereby authorized to trade the real property in question for the identified parcel of real property and that this trade will realize a greater benefit to the City than would be realized through a cash sale, and further that this benefit is confirmed by the adequate appraisals completed by a qualified independent appraiser. Section 3. Authorization to sell/trade property. The City Manager or designee is hereby authorized to execute any documents necessary to complete the trade of real property set forth above. Section 4. Effective Date. This Resolution shall be effective upon adoption. Adopted this 9th day of March, 2010. City of Spokane Valley ATT Sie Thomas E. Towey,Mayor qty Clerk, Christine Bainbridge Approved as t orm: -4 J Office f he City A orney Resolution No. 10-006 Declaring Property Surplus Page 2 of 2 Public Works Department Sapoliane ri OF Capital Improvement Program .0000Valley® 11707 E Sprague Ave Suite 106 Spokane Vaiiey WA 99206 509 921 1000 • Fax 509 921 1008 • cltyha(L@spokanevaUey.org Surplus Property Report To: Mike Jackson,City Council From: Craig Alciworth, P.E. Project Manage' Steve Worley, F.E.—Senior Engineer(CI?) Neil Kersten,-Public Works Director Ken Thompson, -Finance Director Date: February 18,2010 Re: Broadway improvement Project(Moore-Flora)OP 0088—ROW Trade While acquiring right-of-way(ROW)for the Broadway Avenue Reconstruction—Moore to Flora Project, (#0088) a triangular piece of old railroad property was discovered that had not been properly transferred when adjacent property had subsequently been sold See the attached Vicinity Map, Exhibit, Surplus of Parcel 43B2, and Quit Claim Deed 637152B. As a result,the legal owner, Shelly White, an heir of the original owner,was unaware she owned the triangular piece until the City contacted her requesting purchase. Skillings-Connolly, the consultant ROW agent working for the City on the project appraised the White property at $2 50/SF See the attached Shelly White Administrative Offer Summary. The City purchased the entire triangular parcel from Ms. White on December 14, 2009 as two separate parcels a 771 SF parcel (43B1)to be used as future Broadway Avenue ROW for$1,950 and the remainder 1,300 SF parcel(43B2)for$3,250 See the attached "B2 Quit Claim Deed, "B2" ROW Exhibit A, and Exhibit B The City is also purchasing ROW and drainage easements from J. Brent McKinley the owner of the adjoining property at 16608 E. Broadway. The attached Summary. Appraisal Report for the McKinley ROW parcel 43A, prepared by Appraisal Solutions Northwest appraised the McKinley parcel at$2 50/SF The attached Real Property Appraisal Review for the McKinley property, conducted by Barrett Associates Real Estate concurred. Surplus i_.perty Report Page 2. Public Works staff believes the triangular piece of old railroad ROW (parcel 4382) has no value to the city as public ROW and since it has the same appraised square foot value, proposes to trade this piece to Mr. McKinley to help offset the cost of ROW being purchased from Mr. McKinley for the road project. The approximate cost breakdown,for the McKinley purchase involving the trade is as follows. These numbers are approximate and may change slightly as negotiations are finalized. ROW-2,595 SF of RW Land @ $2.50/SF $6,488 Utility Easement—4,299.13 SF @$1 25/SF $5,374 Swale Easement 6,975 SF @ $2,50/SF $17,438 Improvements— Fence $2,300 Trade Parcel 43B2- 1,300 SF of RW Land $2.50/SF(Credit) <$3,250> Total estimated compensation $28,350 To complete this transaction in accordance with the city's Municipal Code, Council actions are required to surplus the triangular piece of property and approve trading it to Mr. McKinley. Encl: Vicinity Map and the Exhibit, Surplus of Parcel 43B2. Quit Claim Deed 637152B. Shelly White Administrative Offer Summary. "BT Quit Claim Deed, "B2" ROW Exhibit A and Exhibit B. Summary Appraisal Report for Mckinley ROW parcel 43A, by Appraisal Solutions Northwest Real Property Appraisal Review of McKinley property 43A, by Barrett Associates Real Estate •