Ordinance 17-007 Street Vacation McMillan Rd CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 17-007
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY
WASHINGTON, PROVIDING FOR A RIGHT-OF-WAY VACATION OF
APPROXIMATELY 59,906 SQUARE FEET OF MCMILLAN ROAD LOCATED
BETWEEN PARCELS 55053.0118, 55053.0119, 55053.0113, 55053.0114, AND
55053.0115, PROVIDING FOR A RIGHT-OF-WAY VACATION OF
APPROXIMATELY 26,475 SQUARE FEET OF UNNAMED RIGHT-OF-WAY
LOCATED BETWEEN PARCELS 55053.0113, 55053.0114 AND 55053.0115 AND THE
CITY BORDER,AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING
THERETO.
WHEREAS, on February 21, 2017, the City Council passed Resolution 17-004 initiating the
vacation of approximately 59,906 square feet of McMillan Road and approximately 26,475 square feet of
unnamed right-of-way; and
WHEREAS, on February 21, 2017, the City Council by Resolution 17-005 set a public hearing
date for March 23, 2017 with the Planning Commission; and
WHEREAS, on March 23, 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 vacations;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 roads, 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 McMillan Road property shall be
transferred to parcels 55053.0118, 55053.0119, 55053.0113, 55053.0114 and 55053.0115 and the vacated
unnamed right-of-way shall be transferred to parcels 55053.0113, 55053.0114 and 55053.0115; and
WHEREAS, the City Council desires to vacate the above streets 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. McMillan Road(McMillan ROW)and the unnamed right-of-way(Unnamed ROW,
and together with McMillan ROW, the ROW)are both unimproved. The vacation is
expected to have no impact on the general public as surrounding parcels currently
do not use either ROW for access.
2. Both ROW consist of currently vacant land not being utilized for public access.
Neither ROW is required for current or future public access.
3. There is no need for a new and different public way.
Ordinance 17-007- Street Vacation STV-2017-0002 Page 1 of 4
4. It is not anticipated that changes would occur in the future which would require the
use of the subject right-of-way for public access. Future development may require
improvements, which will be reviewed and right-of-way needs assessed at such
time.
5. No objections were received for either ROW.
6. The McMillan ROW is adjacent to parcels 55053.0118, 55053.0119, 55053.0113,
55053.0114 and 55053.0115 and title shall vest in those parcels.
7. The Unnamed ROW is adjacent to parcels 55053.0113, 55053.0114 and 55053.0115 and the
City border. The three parcels and the Unnamed ROW are within the same plat. Pursuant to
Christian v. Purdy, 60 Wn. App. 798 (1991), there is an exception to the statutory
requirements for abutting owners receiving one-half of the vacated right-of-way where the
vacated right-of-way was originally dedicated as part of a plat and lies wholly within the
boundaries of the platted land and the dedicator owns no land outside of the plat.
Accordingly, in compliance with Christian, the title shall vest in those parcels.
8. 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; and
2. The Council shall reserve the right to deviate from this policy upon the adoption of
written findings that demonstrate that the public interest shall be best served by an
alternate approach.
The proposed vacation of the McMillan ROW and Unnamed ROW were initiated by the City.
Neither ROW is improved and neither ROW is used and anticipated to be used for public
access. Based on this assessment, the City does not seek payment for the vacated rights-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, legally described as follows and shown in Exhibits A and B attached:
Road Vacation Description "A" (McMillan ROW)
Beginning at the northwest corner of Tract 2 of Plat No. 1 of West Farms Irrigated Tracts per
plat thereof filed in Book "0"of Plats, Page 37, Records of Spokane County, Washington, being located
in the southwest 1 of Section 5, Township 25, North, Range 45 East of the Willamette Meridian in the
City of Spokane Valley Washington;
Thence southerly along the westerly boundary of Tracts 2, 7, 10, and 15 a distance of 1992.91
feet to the southwest corner of said Tract 15; thence southwesterly a distance of 30.90 feet to the
southeasterly corner of Tract 14; thence northerly along the easterly boundary of Tracts 14, 11, 6 and 3,
a distance of 2000.80 feet to the northeasterly corner of said Tract 3; thence easterly a distance of 30.00
feet closing on the northwest corner of said Tract 2 and the point of beginning containing 59,906 square
feet.
Road Vacation Description "B" (Unnamed ROW)
Ordinance 17-007-Street Vacation STV-2017-0002 Page 2 of 4
Beginning at the northeast corner of Tract I of Plat No. 1 of West Farms Irrigated Tracts per
Plat thereof filed in Book "0"of Plats, Page 37, Records of Spokane County, Washington, being located
in the southwest I/ of Section 5, Township 25, North, Range 45 East of the Willamette Meridian in the
City of Spokane Valley Washington;
Thence southerly along the easterly boundary of tracts 1, 8, and 9 a distance of 1656.77 feet to
the southeast corner of said Tract 9; thence northeasterly along the prolongation of the south line of said
Tract 9, a distance of 16.48 feet to a point on the north-south mid-section line of said Section 5; thence
northerly along said mid-section line, a distance of 1652.56 feet to the intersection of said mid-section
line with the north line of said Tract 1, extended easterly; thence westerly a distance of 16.00 feet closing
on the northeast corner of said Tract 1 and the point of beginning, containing 26,475 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 McMillan ROW to be vacated shall be divided amongst parcels
55053.0118, 55053.0119, 55053.0113, 55053.0114 and 55053.0115 as recorded in the record of survey
which shall be created and recorded with Spokane County as required pursuant to SVMC 22.140.090.
The Unnamed ROW to be vacated shall be divided amongst parcels 55053.0113, 55053.0114 and
55053.0115 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 City
Manager or designee 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 for
each ROW prior to the transfer of title by the City.
1. The vacated property shall be transferred into the abutting parcels (55053.0118, 55053.0119,
55053.0113, 55053.0114 and 55053.0115 for McMillan ROW and 55053.0113, 55053.0114
and 55053.0115 for Unnamed ROW) as shown on the record of survey created and recorded
with Spokane County Auditor's Office pursuant to condition 6.
2. Following the City Council's passage of the Ordinance approving the street vacation, a record
of survey of each of the areas 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 completed.
3. The surveyor shall locate a monument at the intersection of the centerline of each of the
vacated rights-of-way with each street or right-of-way in accordance with the standards
established by the Spokane Valley Street Standards.
4. All direct and indirect costs of title transfer of the vacated ROWs from public to private
ownership, including but not limited to, title company charges, copying fees, and recording
fees shall be paid by the City.
5. The zoning district designation of the properties adjoining each ROW to be vacated shall be
automatically extended to the center of such vacation, and all area included in each of the
vacations shall then and henceforth be subject to all regulations of the industrial district. The
adopting Ordinance shall specify this zoning district extension inclusive of the applicable
zoning district designations.
Ordinance 17-007-Street Vacation STV-2017-0002 Page 3 of 4
6. 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.
7. 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.
PASSED by the City Council this 23rd day of May,2017.
_ 21 —
ATTEST:..
L.R,Higgins, o•
Christine Bainbridge, City Clerk
Approved A To Form:
Office o lie City Attorney/
Date of Publication: 4 2 ' c2 " 076/2
Effective Date: 69 – 2 -o2Q/ 9
Ordinance 17-007-Street Vacation STV-2017-0002 Page 4 of 4
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