Ordinance 17-006 Street Vacation CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 17-006
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY
WASHINGTON, PROVIDING FOR A RIGHT-OF-WAY VACATION OF
APPROXIMATELY 9,106 SQUARE FEET OF WILBUR ROAD LOCATED BETWEEN
PARCELS 45094.0598, 45094.0515 AND 45094.1001, ANT) PROVIDING FOR OTHER
MATTERS PROPERLY RELATING THERETO.
WHEREAS, on January 26, 2017, a completed application for vacation was filed requesting the
vacation of approximately 9,106 square feet of Wilbur Road; and
WHEREAS, on February 7, 2017, the City Council by Resolution 17-003 set a public hearing
date for March 9, 2017 with the Planning Commission; and
WHEREAS, on March 9,2017, 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, upon vacation of the road, 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 City,
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 45094.0598, 45094.0515 and 45094.1001;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. Existing utilities such as electric, gas and
water are located within the right-of-way proposed to be vacated (ROW). The utility
purveyors have requested easements to preserve existing infrastructure and fixture
connections. The vacation is expected to have no impact on the general public as
surrounding parcels currently do not use the ROW for access.
2. The subject ROW is currently vacant land not being utilized for public access and is not
required for current or future public access. The area contains a drywell that handles
drainage from Wilbur Road. Should future development require improvements to the
intersection of Wilbur Road and Nora Avenue, the intersection improvements shall be
reviewed and ROW and stormwater needs assessed through agreement with the future
development.
3. There is no need for a new and different public way around the subject ROW. So long as
access to the drywell for maintenance is provided,the public interest is served.
Ordinance 17-006 - Street Vacation STV-2017-0001 Page 1 of 4
4. It is not anticipated that changes would occur in the future which would require the use of
the subject ROW for public access. Should future development require improvements to the
intersection of Wilbur Road and Nora Avenue, the intersection improvements shall be
reviewed and ROW and stormwater needs assessed through agreement with the future
development.
5. No objections. There was one public comment in support of the vacation.
6. The subject ROW is adjacent to the parcels 45094.0598, 45094.0515 and 45094.1001and
title shall vest in those parcels.
7. Resolution 07-009 was adopted pursuant to RCW 35.79.030 to set the City's policy for
imposing vacation charges. Pursuant to Section 1 of Resolution 07-009:
1. 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.
a. 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.
b. If the value of adjacent properties differs, than the average of the adjacent
property values per square foot will be used.
2. The Council shall reserve the right to deviate from this policy upon the adoption of
written findings that the public interest shall be best served by an alternate approach.
The following facts are relevant to the Council's determination of the amount to charge for
the vacation:
a. The ROW was not obtained at public expense.
b. The ROW is unimproved and is not being used for public access. The ROW is not
needed for future public access.
Based on this assessment, the City does not seek payment for the vacated ROW.
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:
A parcel of land being a portion of the Southeast Quarter of Section 09, Township 25 North,
Range 44 East, Willamette Meridian, City of Spokane Valley, Spokane County, Washington, said parcel
being more particularly described as follows:
Being that portion of the Wilbur Road Right-of-Way lying North of the Westerly extension of the
North Right-of-Way Line of Nora Avenue as it crosses Wilbur Road and South of the South Line of the
Interstate 90 Right-of-Way as it crosses Wilbur Road;Spokane Valley, Washington.
Said parcel encompasses approximately 9,106 square feet.
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 45094.0598,
45094.0515 and 45094.1001as 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 City
Manager or designee is authorized to make this notation on the official Zoning Map of the City.
Ordinance 17-006-Street Vacation STV-2017-0001 Page 2 of 4
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-2017-0001), 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 (45094.0598, 45094.0515
and 45094.1001) as shown on the record of survey created and recorded with Spokane
County Auditor's Office pursuant to condition 9.
3. The following easements are required to be established. Submit recording number on record
of survey and written documentation of easement for City verification.
a. An easement acceptable to the City for access and maintenance of existing inlet and
drywell located along southerly portion of vacated Wilbur Road. As an alternative,
the inlet and drywell may be relocated to a new location within City public right-of-
way.
b. All existing lots shall have access to a public street or existing driveway easement
prior to finalization. Parcels shall be reconfigured through a boundary line adjustment
or an easement shall be created to provide access to parcel 45094.0515.
c. An easement acceptable to Spokane County Environmental Services for access to
public sewer to serve parcel 45094.0515. If parcel 45094.0515 is consolidated with
an adjacent parcel that has access to the sanitary sewer system, no easement is
required.
d. An easement acceptable to Avista to preserve existing facilities.
e. An easement acceptable to Washington State Department of Transportation and
Modern Electric Water Company to preserve existing facilities.
4. Coordinate with Modern Electric Water Company to remove existing water service line
located in vacated Wilbur Road and relocate to an acceptable location.
5. 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 City Manager or designee for
review.
6. 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 Spokane Valley Street Standards.
7. 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.
Ordinance 17-006-Street Vacation STV-2017-0001 Page 3 of 4
8. 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.
9. 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.
10. 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 S. 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 9'h day of May,2017.
ATTEST•
,A
L.R. Higgins, Mayo _
at,
! � ? "7-
Christine Bainbridge, City Clerk
Ap)roved As o Form:,
'11
-itjj
Officgo theit w ttorney
Date of Publication: May 12, 2017
Effective Date: May 17, 2017
Ordinance 17-006 -Street Vacation STV-2017-0001 Page 4 of 4