Resolution 14-014 Release Easement CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
RESOLUTION NO. 14-014
A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, RELEASING THE CITY OF SPOKANE VALLEY'S INTEREST IN A
STORMWATER FACILITY ACCESS EASEMENT AT 3715 SOUTH WOODRUFF, SPOKANE
VALLEY,AND OTHER MATTERS RELATING THERETO .
WHEREAS, the Ponderosa 6th Addition was platted in 1980. As part of that process, the
developer Left some property unplatted to act as a stormwater drainage area between several of the lots;
and
WHEREAS,through the platting action one of the west-facing lots (3715 South Woodruff Road)
was burdened with an access easement to the unplatted stormwater drainage area. That easement, located
on the north side of the property, identified a benefit to Spokane County, anticipating stormwater from
the public streets would flow through this area, which had historically been an old watercourse for
surface water; and
WHEREAS, Richard and Barbara Berkseth (the Berkseths) currently own the property at 3715
South Woodruff, Spokane Valley, WA, with said property being encumbered by an access easement for a
private stormwater facility, as identified in Exhibit B; and
WHEREAS, when the house currently owned by the Berkseths was constructed in 1980-81, it
was partially constructed over the access easement on the north side of the property. In August, 2003,
the Berkseths asked the City to switch the access easement to the south side of the property since the
north side was unpassable for vehicles. The City did so when the Council approved an extinguishment of
the prior easement (north side), and accepted the grant of a new access easement (south side) in August,
2003; and
WHEREAS, in 2012, the Berkseths applied for and received a building permit for an addition to
the structure, which covered a portion of the 2003 access easement area. In their application, the
Berkseths failed to identify that an easement covered part of the property upon which the addition would
be constructed. It is the responsibility of the applicant to identify any easements or other limitations that
would preclude the permit being requested. They failed to do so, the permit was granted, and they
constructed building improvements over a portion of the easement on the south side of property; and
WHEREAS, in 2013, the Berkseths became aware of the easement, and requested that the City
remove the easement; and
WHEREAS, the City subsequently determined that the attempt to extinguish the north access
easement in 2003 was not valid because the only legal way to extinguish an easement created by platting
is to do a plat alteration, which was not done here. In effect, there are now two legally existing
stormwater drainage area access easements burdening the property at 3715 South Woodruff Road; and
WHEREAS, the formerly unplatted area (stormwater drainage area) is no longer land-Locked
between parcels. The property owners on the east side of Ponderosa 6`11 Addition along Ridgeview Drive
acquired the rights to the previously unplatted area by adjusting their parcel boundaries; and
Resolution 14-014 Releasing Stormwater Facility Access Easement—3715 South Woodruff Page 1 of 2
WHEREAS, it is not necessary for the City to continue to hold this easement for stormwater
protection purposes; and
WHEREAS, the property owners will still need to request a plat alteration from the City to
remove the original stormwater facility access easement granted when the original plat was filed in 1980,
and which is located on the north side of the Berkseth property. The property owners have been notified
of the same.
NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane
County, Washington, as follows:
The City releases any interest it may have in the stormwater facility access easement located on
the property described in Exhibit A, 3715 South Woodruff Road, Spokane County parcel number
45321.2302, and authorizes the City Manager to execute any necessary documents to complete that
process.
Adopted this 9I1 day of December, 2014.
City of Spokane Valley
Dean Grafos, Mayor
ATTESTAI
/
City Clerk, Christine Bainbridge
Approved as to Form:
17 1 ilk
( r
Office ofrthe City Attorney
Resolution 14-014 Releasing Stormwater Facility Access Easement—3715 South Woodruff Page 2 of 2
EXHIBIT A
South 15 feet of Lot 2, Block 1, PONDEROSA 6TH ADDITION, as per
plat recorded in Volume 16 of Plats, page 23, records of Spokane
County;
Situated in the County of Spokane,State of Washington.
Parcel No.:45321.2302
EXHIBIT B
North 15 feet of Lot 2, Block 1, PONDEROSA 6TH ADDITION, as per
plat recorded in Volume 16 of Plats, page 23, records of Spokane
County;
Situated in the County of Spokane, State of Washington
Parcel No.:45321.2302