2012, 10-17 Non-User Status, RCW 36.87.090 Letterfitikane
. . = %Hey1
11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206
509.921.1000 ♦ Fax: 509.921.1008 • cityhall®spokanevalley.org
October 17, 2012
Mike Wentz
Spokane County Assessor's Office
1116 W Broadway
Spokane, WA 99260
RE: 1218 AND 122O:SOUTH BETTM:A.N ROADJAPPLICATION OF THE WASHINGTON
NON -USER STATUTE -RCW 36.87.090
The City of Spokane Valley has been contacted by Joe Hauff, the property owner of
parcels 35243.0931 and 35243.0933 — site address 1218 and 1220 South Bettman Road.
Mr. Hauff believes that portions of his property are incorrectly .identified as public right-
of-way. Please see attached map. The issue has been researched and staff agrees based on
the following conclusions:
1. The Washington's non -user -statute, RCW 36.87.090, states that if a road was dedicated
through the platting process prior to 1904, and that road remained un -opened for at
least five years, then it vacated by operation of law and the right to the property
immediately vested with the adjacent property owners from whence it originally came.
2. Parcel 35243.0931 is the aggregate of Lots 23-24, Block 6, of the Bettman's Addition,
together with portions of vacated 13th Avenue. According to Spokane County records,
Bettman's Addition Plat was filed May 1, 1890, Book C, Page 13.
3. Parcel 35243.0933 is the aggregate of Lots 12-22, Block 6, of the Bettman's Addition,
together with portions of vacated 13th Avenue and Fancher Road. According to
Spokane County records, Bettman's Addition Plat was filed May 1, 1890, Book C,
Page 13.
The City acknowledges application of the rule to the subject property, and believes that no
further action is required to establish title in the abutting property owners. The City
requests the Spokane County Assessor's Office update mapping records to reflect portions
of 13th Avenue and Fancher Road have been vacated and aggregate into the adjoining
parcels as listed above.
If you have any question, please contact me at (509) 720-5334 or by email at
skuhta@spokanevalley.org
Mike Wentz, Spokane County Assessor's Office
October 17, 2012
Page 2
Cordially,
jod-
SCOTT KUHTA, AICP
Planning Manager
Community Development Department
cc: Joe Hauff, 1220 S Bettman Road, Spokane Valley, WA 99212
Buil'd'ing?Divisio / ddre s File t
Office of the City Attorney
1218 and 1220 S Bettman Road (Removal of 13th Ave and Fan
parcels) cer Rd adjacent to
lam' C1 thiv
135243.08.39' 6' ,
35243:027i.
iU!
��
;
��!
Q'
Q '
:
,�I•
35243:0879'
_.
o
�,..
N
ow:
CO:
This map ;is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current. or otherwise
reliable.
noise