Ordinance 09-001 Street Vacation STV 04-08 for Portions of Tschirley CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO.09-001
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY
WASHINGTON, PROVIDING FOR THE VACATION OF A 30 FOOT WIDE BY 607
FOOT LONG PORTION OF TSCHIRLEY ROAD LOCATED SOUTH OF EUCLID
AVENUE, AND A 30 FOOT WIDE BY 440 FOOT LONG PORTION OF TSCIIIRLEY
ROAD NORTH OF THE UNION PACIFIC RAILROAD RIGHT-OF-WAY, AND
PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO.
WHEREAS,the City Council by Resolution 08-021, initiated vacation proceedings to consider a
30 foot wide by 607 foot long portion of Tschirley Road located south of Euclid Avenue, and a 30 foot
wide by 440 foot long portion of Tsch irley Road north of the Union Pacific Railroad right-of-way (STV-
04-08)by providing that a Public Hearing on the proposal would be held before the Planning Commission
on January 8,2009;
WHEREAS,a completed application for vacation was filed on October 17,2008;and
WHEREAS,the Planning Commission held a public hearing on January 8,2009;and
WHEREAS, following the hearing, the Planning Commission found that the notice and hearing
requirements of the applicable Spokane Valley Municipal.Code section 22.140.020 had been met; and.
WHEREAS, the Planning Commission findings and/or 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, through adopted City Code provisions, the City shall provide that the vacated
property be transferred to the applicants; that the zoning district designation of the properties adjoining
each side of the street shall attach to the vacated property; that a record of survey shall be submitted to the
Director of Community Development; and that all direct and indirect costs of title transfer to the vacated
streets be paid by the proponents or recipients of the transferred property; and
WHEREAS, the City Council desires to vacate the above streets pursuant to Spokane Valley
Municipal Code Section 22.140.
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 vacation of the street will better serve the public because it will allow for the full
development of the property for beneficial uses and permit appropriate levels of
maintenance.The area along the railroad is landlocked and no longer a viable right-of-way.
2, The street is no longer required for public use or public access. The street along the railroad
right-of-way appears to be unused at this time (except for a 15.9 foot wide portion of the
existing warehouse building located on the southwest parcel). The abutting property owner
to the east has received a building permit for a lumberyard and the property owner to the
southwest has applied for and received a building permit for a 4,380 square foot office
building. Both of these permits have been issued to Lumber Yard Supply Company which
has expressed a desire to aggregate these two(2)parcels.
Ordinance 09-OO1-Street Vacation(STV-04-08) Page 1 of 5
3. A portion of Tschirley north further described as: that portion south of paved area to
railroad right-of-way,was previously vacated by Spokane County.
4. The substitution of a new and different public way would not be more useful to the public.
5. Given the present age and condition of adjacent development, it is unlikely that conditions
may change in the future as to provide a greater use or need than presently exists. It is
recommended that the east and southwest parcels be aggregated and/or a permanent access
easement be placed on the property.
6. No objections have been made by owners of private property (exclusive of petitioners)
abutting the street or alley or other governmental agencies or members of the general
public.
7. Pursuant to Resolution 07-009, Section 1: Policy
1. TSCHIRLEY NORTH (the 30 foot wide by 607 foot long portion). Upon approval of
the vacation, applicant Steve Slehofer will receive one-half of the 175 feet of Tschirley
Road directly south of Euclid Avenue. Lumber Yard Supply Company applicant will
receive the other one-half of the 175 feet of Tschirley Road directly south of Euclid Avenue
and the remaining 30 foot wide by 432 (607 feet minus 175 feet) foot long portion of
Tschirley Road abutting their property. The cost for property received as a result of a
vacation initiated by an adjacent property owner shall equal fifty percent (50%) of the
appraised value of the vacant property received. The appraised value shall be the same as
the value of an equivalent portion of property adjacent to the proposed vacation as
established by the Spokane County Assessor at the time the matter is considered by the City
Council. If the value of adjacent properties differs,then the average of the adjacent property
values per square foot will be used. Based on the average appraised value of the adjacent
properties for the 30 foot wide by 607 foot long portion of Tschirley Road, applicant
Steven Slehofer's cost is $3,675.00, which is 50% of the appraised value. Lumber Yard
Supply Company has a cost of $21,102.20, which is 50% of the appraised value on the
portion opposite Mr. Slehofer's property and the total vacated area south of that portion
(12,960 square feet).
2. TSCHIRLEY SOUTH: (the 30 foot wide by 440 foot long portion). Pursuant to Section
22.140.040.0 of the Spokane Valley Municipal Code (SVMC) one-half of a vacated street
shall go to each abutting owner unless factual circumstances otherwise dictate a different
division and distribution of the street to be vacated. The recorded map of Plat No. 3 of West
Farms Irrigated Tracts dated January, 1911 shows that this portion of Tschirley Road was
wholly contained within the plat and adjacent to the Union Pacific Railroad right-of-way.
The property owner has the entire fee interest and will bear the entire cost of the property
received as a result of the vacation of the 30 foot wide by 440 foot long portion of
Tschirley Road north of the Union Pacific Railroad right-of-way. Based on the appraised
value of this entire area, Lumber Yard Supply Company has a cost of$19,668.00.
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 defined as follows:
"The portion of Tschirley Road lying 607 feet directly south of Euclid Avenue"and "the portion
of Tschirley Road lying 440 feet west of vacated Tschirley Road and north of the Union Pacific
Railroad right-of-way as depicted in Appendix A attached hereto; located in the NW 1/4 of Section
7, Township 25 North, Range 45 East, Willamette Meridian, Spokane County, Washington.
Ordinance 09-001-Street Vacation(STV-04-08) Page 2 of 5
Section 3. Division of Property to be Vacated.
TSCHIRLEY NORTH: Pursuant to RCW 3 5.79.040, the city council, in approving a street
vacation request, shall specify that the vacated portion of the street shall belong to the abutting
property owners, one-half to each. Steve S.lehofer, applicant will receive the one-half of the 175
feet of Tschirley Road directly south of Euclid Avenue. Lumber Yard Supply Company will
receive one-half of the remainder abutting the north portion of Tschirley Road. This includes the
other one-half of the ]75 feet directly south of Euclid Avenue and one-half of the remaining 30
foot wide by 432 foot long portion of Tschirley Road abutting their property.
TSCHIRL:EY SOUTH: Pursuant to RCW 35.79.040 and SVMC 22.1.40.040(C), factual
circumstances dictate a different division and distribution of the street or alley to be vacated. The
recorded map of Plat No. 3 of West Farms Irrigated Tracts dated January, 1911,shows that the 30
foot wide by 440 foot long portion of Tschirley Road appears to have been wholly contained
within the plat adjacent to the Union Pacific Railroad right-of-way. The abutting owner who had
the entire fee interest is entitled to the total vacated right-of-way area. Lumber Yard Supply
Company will receive the entire 30 foot wide by 440 foot long portion.
Thus the property to be vacated shall be divided as recorded in the record of survey which shall
be created and recorded with the County as required under Section 22.140.090 SVMC.
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 Director of
Community Development 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# STV-04-08) including all conditions below
shall be submitted to the City for :review within ninety (90) days following the effective
date of approval by the City Council.
2. The vacated property shall be transferred, one-half to each abutting property owner(except
the 30 foot wide by 440 foot long portion of Tschirley Road which will be transferred
wholly to the abutting property owner to the north).
3. Following the City Council's passage of the ordinance approving the proposal to vacate the
street, a record of survey of the area to be vacated, prepared by a registered surveyor in the
State of Washington and including an exact metes and bounds legal description, and
specifying if applicable any and all easements for construction, repair and maintenance of
existing and future utilities and services,shall be submitted by the proponent to the Director
of Community Development,or designee for review.
4. Following the City Council's passage of the ordinance approving the proposal to vacate the
street, a Boundary Line Elimination must be done to aggregate (consolidate)the southwest
and east parcels.These items can be included on the above-mentioned record of survey.
5. When applicable,the surveyor shall locate at least two monuments on the centerline of the
vacated right-of-way with one located 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 Spokane County Standards for Road and Sewer Construction.
Ordinance 09-001-Street Vacation(STV-04-08) Page 3 of 5
6. 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 are to be borne by the proponent.The City will not assume any financial responsibility
for any direct or indirect costs.for the transfer of title.
7. The zoning district designation of the properties adjoining each side of 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 extended
districts. The adopting ordinance shall specify this zoning district extension inclusive of the
applicable zoning district designation.
8. The record of survey and certified copy of the ordinance vacating a street or part thereof
shall be recorded by the Clerk in the office of the Spokane County Auditor.
9. All conditions of City Council authorization shall be fully satisfied prior to any transfer of
title by the City.
10. Payment in the amount of$3,675.00 from Steven Slehofer, and $40,770.20 from Lumber
Yard Supply Company.
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 all necessary documents, including a Quit Claim Deed, 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(5)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 24th day of February, 2009.i7
ATTEST:
- .-
d7 Ri and Muns �. ayor
I. _fell
1istine Bainbridge, ity Clerk
Approved As To Form:
O ce of the City A orney 7
Date of Publication: -6, -19
Effective Date:
Ordinance 09-001-Street Vacation(STV-04-08) Page 4 of 5
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