Ordinance 15-004 Street Vacation CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 15-004
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY
WASHINGTON, PROVIDING FOR A RIGHT-OF-WAY VACATION OF 3,688
SQUARE FEET OF OLD MISSION AVENUE LOCATED ADJACENT TO THE
SOUTHERN BOUNDARY OF PARCEL 45124.0138, AND PROVIDING FOR OTHER
MATTERS PROPERLY RELATING THERETO.
WHEREAS, on November 8, 2014, an application for vacation was filed, and was determined
complete on December 1, 2014; and
WHEREAS, on December 9, 2014, the City Council by Resolution 14-013 set a public hearing
date for January 8, 2015, with the Planning Commission; and
WHEREAS, on January 8,2015, the Planning Commission held a public hearing; and
WHEREAS, following the hearing, the Planning Commission found that the notice and hearing
requirements of the applicable Spokane Valley Municipal Code (SVMC) section 22.140.020 had been
met; and
WHEREAS, the Planning Commission findings and recommendation have been filed with the
City Clerk as part of the public record supporting the vacation; and
WHEREAS, none of the property owners abutting the property to be vacated filed a written
objection to the proposed vacation with the City Clerk; and
WHEREAS, Chapter 22.140 SVMC requires that City Council shall specify that the vacated
portion of the right-of-way shall belong to the abutting property owners; and
WHEREAS,Avista will require a continued easement; and
WHEREAS,the City Council desires to vacate the above right of way pursuant to Chapter 22.140
SVMC.
NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County,
Washington, do ordain as follows:
Section 1. Findings of Fact. The City Council makes the following findings of fact:
1. The right-of-way was never improved with pavement, curb or gutter and remains
vacant property. The vacation is expected to have no impact on the general public
and does not impede access or circulation.
2. The right-of-way being vacated is currently vacant land not being utilized for
public use or access and is not required for current or future public use or access.
3. There is no need for a new and different public right-of-way.
4. It is not anticipated that changes would occur in the future which would require use
of the subject right-of-way for public access.
5. One public comment was submitted in support of the proposed vacation. No other
public comments have been received regarding the proposed vacation.
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6. Pursuant to Resolution 07-009, Policy for Imposing Vacation Charges and RCW
35.79.030:
a. The City of Spokane Valley has the authority to charge for vacations in an
amount equal to 50% of the full appraised value; or for the full amount of
the area vacated where the street has been part of a dedicated right-of-way
for over twenty five years or if the property was acquired at public
expense.
b. Alternatively,the Council shall reserve the right to deviate from this policy
upon the adoption of written findings of fact that demonstrate the public
interest shall be best served by an alternative approach. The following facts
are relevant to the Council's determination of an alternative approach:
i. The right-of-way was dedicated in 1935 through a plat.
ii. The right-of-way was not obtained at public expense.
iii. The public interest has been served by recent site improvements and
dedications by the adjoining property owner along Old Mission
Avenue, approximately 5,600 square feet in area.
Based on above findings the City does not seek payment for the vacated right-of-way.
Section 2. Property to be Vacated. Based upon the above findings and in accordance with
this Ordinance, the City Council does hereby vacate the street which is incorporated herein by reference,
and legally described as follows:
A parcel of land situated in the Southeast quarter of Section 12 and the Northeast quarter of
Section 13, Township 25 North, Range 44 East, Willamette Meridian in the City of Spokane
Valley, County of Spokane, State of Washington, described as follows:
COMMENCING at the Southeast corner of said Section 12; thence North 89°57'44" West 759.39
feet along the south line of said Section 12; thence North 0°02'16" East 31.83 feet to a point on
the northerly right-of-way line of Mission Avenue and the POINT OF BEGINNING; thence North
89°49'27" West 271.52 feet along the said northerly right-of-way line of Mission Avenue; thence,
leaving said northerly right-of-way line, South 00°00'00" West 5.50 feet; thence South
89°49'27"East 3.47 feet to the beginning of a tangent curve to the right having a radius of 52.00
feet; thence southeasterly 37.59 feet along the arc of said curve through a central angle of
41°24'48" to a point of reverse curve having a radius of 38.00 feet; thence southeasterly 27.47
feet along the arc of said curve through a central angle of 41°24'48"; thence South 89°49'27"
East 40.66 feet to the beginning of a non-tangent curve to the right having a radius of 550.43 feet,
the radius point of which bears South 18°32'15"East; thence northeasterly 49.98 feet along the
arc of said curve through a central angle of 5°12'07" to a point of compound curve having a
radius of 481.28 feet; thence northeasterly 63.70 feet along the arc of said curve through a
central angle of 7°35'02" to a point of compound curve having a radius of 617.11 feet; thence
northeasterly 57.21 feet along the arc of said curve through a central angle of 5°18'43"; thence
North 01°10'33"East 0.12 feet to the POINT OF BEGINNING.
Said parcel encompasses 3,688 square feet, more or less.
Section 3. Division of Property to be Vacated. Pursuant to RCW 35.79.040 and SVMC
22.140.040(C),the vacated portion of the street or alley shall belong to the abutting property owners, one-
half to each, unless factual circumstances otherwise dictate a different division and distribution of the
street or alley to be vacated. The vacated right-of-way is a portion of the north one-half of Old Mission
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Avenue and shall belong to the lot abutting to the north, as recorded in the record of survey which shall be
created and recorded with the County as required under SVMC 22.140.090.
Section 4. Zoning. The zoning designation for the vacated property shall be the designation
attached to the adjoining properties as set forth within the respective property or lot lines. The
Community and Economic Development Director is authorized to make this notation on the official
Zoning Map of the City.
Section 5. Conditions of Vacation. The following conditions shall be fully satisfied prior to
the transfer of title by the City.
1. The completion of the street vacation (File No. STV-2014-0001) including all
conditions below shall be submitted to the City for review within 90 days following
the effective date of approval by the City Council.
2. The vacated property shall be transferred into abutting parcel number 45124.0138.
3. All necessary easements required by Avista shall be prepared and recorded with
coordination between the property owner and utility purveyor. The easement with
recording number shall be shown on the record of survey and written documentation
of easement submitted to City for verification.
4. Following the City Council's passage of the Ordinance approving the street vacation,
a record of survey of the area to be vacated, prepared by a registered surveyor in the
State of Washington including an exact metes and bounds legal description, and
specifying any and all applicable easements for construction, repair and maintenance
of existing and future utilities and services, shall be submitted by the proponent to the
Community and Economic Development Director or designee for review.
5. All direct and indirect costs of title transfer of the vacated street from public to
private ownership including but not limited to title company charges, copying fees,
and recording fees shall be paid by the proponent. The City does not assume any
financial responsibility for any direct or indirect costs for the transfer of title.
6. The zoning district designation of the properties adjoining the street to be vacated
shall be automatically extended to the center of such vacation, and all area included
in the vacation shall then and henceforth be subject to all regulations of the districts.
The adopting Ordinance shall specify this zoning district extension inclusive of the
applicable zoning district designations.
7. The record of survey and certified copy of the Ordinance shall be recorded by the
City Clerk in the office of the Spokane County Auditor.
8. All conditions of City Council authorization shall be fully satisfied prior to any
transfer of title by the City.
Section 6. Closing. Following satisfaction of the above conditions, the City Clerk shall
record a certified copy of this Ordinance in the office of the County Auditor, and the City Manager is
authorized to execute and finalize all necessary documents in order to complete the transfer of the
property identified herein.
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Section 7. Severability. If any section, sentence, clause or phrase of this Ordinance shall 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 8. 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 of Spokane
Valley, as provided by law.
PASSED by the City Council this 10th day of March,2015.
ATTEST:
Dean Grafos,Mayor
Christine Bainbridge, City Clerk I
Approv d As To Form:
Office the City Attorney
Date of Publication: 3 'f- f j
Effective Date: j -- / ".30/5—
Ordinance
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