Ordinance 16-001 Street Vaction CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 16-001
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY
WASHINGTON, PROVIDING FOR A RIGHT-OF-WAY VACATION OF
APPROXIMATELY 14,400 SQUARE FEET OF 3RD AVENUE LOCATED BETWEEN
SKIPWORTH AND PARCEL 45212.0711,AND PROVIDING FOR OTHER MATTERS
PROPERLY RELATING THERETO.
WHEREAS, on October 21,2015, a completed application for vacation was filed requesting the
vacation of approximately 14,400 square feet of 3rd Avenue; and
WHEREAS, on November 10, 2015,the City Council by Resolution 15-009 set a public hearing
date for December 10,2015 with the Planning Commission; and
WHEREAS, on December 10, 2015,the Planning Commission held a public hearing; and
WHEREAS, following the hearing, the Planning Commission found that the notice and hearing
requirements of Spokane Valley Municipal Code(SVMC)22.140.020 had been met; and
WHEREAS, the Planning Commission findings and minutes 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, pursuant to chapter 22.140 SVMC, the City shall transfer the vacated property to
abutting property owners, the zoning district designation of the properties adjoining the street shall attach
to the vacated property, a record of survey shall be submitted to the Community and Economic
Development Department,and all direct and indirect costs of title transfer to the vacated street shall be paid
by the proponent or recipient of the transferred property. In this particular case,the vacated property shall
be transferred to parcels 45212.0703,45212.0719,45212.0720,45212.0721,45212.0722 and 45212.0723;
and
WHEREAS, the vacated roadway is located adjacent to the above noted parcels and was created
pursuant to SP-1170-97 and County Road File No. 1840-39 associated with documents recorded per file
numbers 7303230003 and 398328B; and
WHEREAS,the City Council desires to vacate the above street 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 area proposed to be vacated is unimproved without pavement, curb or gutter. Existing
utilities such as electric, gas, sewer and water are located within the current right-of-way at
either end. The utility purveyors have requested easements to preserve existing infrastructure
and future connections. The vacation is expected to have no impact on the general public as
surrounding parcels currently do not use the proposed vacated area for access. When
development occurs, the public will be served by a cul-de-sac at the end of Skipworth Road
providing a benefit to the surrounding parcels for turnaround capabilities which presently do
not exist.
Ordinance 16-001 -Street Vacation STV-2015-0001 Page 1 of 5
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. The City's Arterial Street
Plan provides no indication of 3rd Avenue nor proposes a need for future street extension.
3. The proposal includes right-of-way for a future cul-de-sac,to be designed per City of Spokane
Valley Street Standards (SVSS), which will allow access and turnaround capabilities for
existing residents. The proposal also includes a dedicated 15-foot right-of-way strip (or
easement)for a future multiuse/bicycle trail connection to the Appleway Trail.An existing 12-
foot access easement currently exists to parcel 45212.0722 and is proposed to remain.
4. No changes are anticipated that provide a greater use or need from current conditions. The
City's Arterial Street Plan does not designate 3rd Avenue extending beyond the current
established right-of-way.
5. No objections have been received to the proposed vacation from the notice of public hearing
and/or routing to staff and agencies.
6. The vacated property is adjacent to the above-described parcels and title shall vest in those
parcels.
7. Pursuant to Resolution 07-009, Policy for Imposing Vacation Charges Pursuant to RCW
35.79.030, Section 1: Policy
a. The cost for property received as a result of a vacation initiated by an adjacent property
owner shall equal 50%of the appraised value of the vacated property received.
i. The appraised value shall be the same as the value of an equivalent portion of
property adjacent to the proposed vacation as established by Spokane County
Assessor at the time the matter is considered by the City Council.
ii. If the value of adjacent properties differs, than the average of the adjacent
property values per square foot will be used.
b. Alternatively, the Council shall reserve the right to deviate from this policy upon the
adoption of 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 street vacation requires a 15 foot easement or right-of-way dedication for a
paved 10-foot non-motorized pathway to Appleway Trail for public use.
ii. At the time of development, the trail connection shall be designed per City Street
Standards and constructed.
iii. At time of development, a public cul-de-sac shall be dedicated and constructed at
the north end of Skipworth Road.
iv. The fair market value of the dedication of land and estimated costs for future
improvements of the trail connection and the public cul-de-sac equal or exceed
50% of the appraised value of the vacated street property.
v. The public interest will be served by the required dedications of a trail connection
for public use.
Based on the 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 or alley which is incorporated herein by
reference,and legally described as follows:
That portion of the Northwest quarter of Section 21, Township 25 North, Range 44 East, W.M.,
being more particularly described as that portion of Third Avenue West of the West right of way
line of Skipworth Road and East of Pierce Road; Spokane Valley, Washington.
Said parcel encompasses approximately 14,400 square feet.
Ordinance 16-001 -Street Vacation STV-2015-0001 Page 2 of 5
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 property to be vacated shall be divided amongst parcels 45212.0703,
45212.0719, 45212.0720, 45212.0721, 45212.0722, and 45212.0723 as recorded in the record of survey
which shall be created and recorded with Spokane County as required pursuant to 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. Initial work to satisfy conditions of the street vacation (File No. STV-2015-0001),
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 the abutting parcels (45212.0703,
45212.0719, 45212.0720, 45212.0721, 45212.0722 and 45212.0723) as shown on the
record of survey created and recorded with Spokane County pursuant to condition 9.
3. All existing lots shall have access to a public street or existing driveway easement prior
to finalization. Applicant shall submit a boundary line adjustment application with
proposed lot configuration combined with record of survey vacating 3rd Avenue.
4. A 15-foot easement or right-of-way shall be dedicated for a 10-foot paved non-motorized
pathway that will extend from the north end of Skipworth to the Appleway Trail as per
SVSS 7.5.11.
5. A 10-foot easement required by Avista running the entire length of the vacated right-of-
way shall be retained and located adjacent to the existing sewer easement in order to serve
electric and natural gas utilities. The easement 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.
6. The easement required by Modern Electric Water Company along the west side of the 15-
foot non-motorized pathway from the north end of Skipworth Road to Appleway Trial
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.
7. The applicant shall coordinate with Modern Electric Water Company the location and
width of an easement to preserve the existing water line in the easterly quarter of the
vacated right-of-way. The easement 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.
Ordinance 16-001 -Street Vacation STV-2015-0001 Page 3 of 5
8. All necessary easements required by Spokane County Division of Utilities 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.
9. 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.
10. The surveyor shall locate a monument at the intersection of the centerline of the vacated
right-of-way with each street or right-of-way in accordance with the standards established
by the SVSS.
11. 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 shall not and does not assume any
financial responsibility for any direct or indirect costs for the transfer of title.
12. 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.
13. 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.
14. 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.
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.
Ordinance 16-001 -Street Vacation STV-2015-0001 Page 4 of 5
PASSED by the City Council this 9th day of February,2016.
ATTEST: \ji./2 �
L.R. Higgins, or `
Cr': ‘;/..-)A1,-4
Christine Bainbridge, City Clerk
Approved As To Form: h
11(1
Office of e City A rney
Date of Publication: February 12, 2016
Effective Date: February 17,2016
Ordinance 16-001 -Street Vacation STV-2015-0001 Page 5 of 5