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2019, 07-25 Agenda Packet 0111#\11111111111k SIP/ okane Valley Spokane Valley Planning Commission Regular Meeting Agenda City Hall Council Chambers, 10210 E. Sprague Ave. July 25, 2019 6:00 p.m. I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. APPROVAL OF AGENDA V. APPROVAL OF MINUTES: July 11, 2019 VI. COMMISSION REPORTS VII. ADMINISTRATIVE REPORT VIII. PUBLIC COMMENT: On any subject which is not on the agenda. IX. COMMISSION BUSINESS: i. Public Hearing: STV-2019-0003, a privately initiated street vacation for portions of Broadway Avenue and Thierman Road. X. FOR THE GOOD OF THE ORDER XI. ADJOURNMENT PC ADVANCE AGENDA For Planning Discussion Purposes Only As of July 18, 2019 ***Please note this is a work in progress; items are tentative and subject to change*** To: Commission& Staff From: PC Secretary Deanna Horton by direction of Deputy City Manager Re: Draft Schedule for Upcoming Commission Meetings July 25, 2019 Public Hearing: STV-2019-0003—Broadway Ave. Street Vacation -Karen August 8, 2019 Findings of Fact: STV-2019-0003 —Broadway Ave. Street Vacation—Karen Draft Advance Agenda 7/18/2019 Page 1 of 1 Regular Meeting Minutes Spokane Valley Planning Commission Council Chambers—City Hall July 11, 2019 I. Chair Johnson called the meeting to order at 6:00 p.m. II. Commissioners, staff and audience stood for the pledge of allegiance. III. Office Assistant Robin Hutchins called roll and the following members and staff were present: James Johnson Jenny Nickerson, Building Official Danielle Kaschmitter-arrived at 6:10 Erik Lamb, Deputy City Attorney Timothy Kelley Mike Basinger, Economic Development Manager Robert McKinley Lori Barlow, Senior Planner Raymond Friend Karen Kendall, Planner Michelle Rasmussen, absent - excused Matt Walton Robin Hutchins, Office Assistant Hearing no objections, Commissioner Rasmussen was excused from the meeting and Commissioner Kaschmitter was excused for being tardy. IV. AGENDA: Commissioner Walton moved to approve the July 11, 2019 agenda as presented. There was no discussion. The vote on the motion was five in favor, zero opposed, and the motion passed. V. MINUTES: Commissioner McKinley moved to approve the June 13, 2019 minutes as written. There was no discussion. The vote on the motion was four in favor, zero opposed, with Commissioner Walton abstaining, and the motion passed. VI. COMMISSION REPORTS: Commissioner Friend stated he is excited and is looking for the opportunity. Commissioner Johnson hoped everyone had the opportunity to celebrate our nations birthday. VII. ADMINISTRATIVE REPORT: There was no administrative report. VIII. PUBLIC COMMENT: On any subject which is not on the agenda. There was no public comment. IX. COMMISSION BUSINESS: i. Study Session: STV-2019-0003, a privately initiated street vacation of Broadway Avenue. Planner Karen Kendall presented an overview of the privately initiated street vacation for a portion of the northwest corner of Broadway Avenue and Thierman Road. Ms. Kendall advised the study session is being conducted, the public hearing is scheduled for July 25, 2019 and the findings of fact is scheduled for August 7th, 2019. Ms. Kendall provided background into processing a street vacation advising that staff reviews connectivity, traffic volume, future developments and access to the site. Potential conditions to consider would be preserving utilities in easements and ensuring a timely process. 07-11-2019 Planning Commission Minutes Page 2 of 5 Ms. Kendall advised that the applicant's reasons for this request are to improve and maintain the current business uses, traffic signal equipment preservation, allow continued uses associated with businesses to occur in the right of way (ROW) and to correct an inconsistency that represents no physical change to the property. Ms. Kendall explained there are three affected parcels in this area of ROW to be vacated. The area is currently being used for parking, landscaping and daily operations for the adjacent businesses. In 1985 Washington State Department of Transportation (WSDOT) acquired the ROW being discussed, one month later the unused ROW was conveyed back to Spokane County. After it reverted back to Spokane County the ROW was not reconfigured. Since 1985 those ROW's have been continually used by the businesses that have also been paying taxes on the entire property. The City acquired the ROW in 2003 upon incorporation. In 2016 the City conducted a city wide traffic signalization project along Broadway Avenue and this inconsistency was not found at that time. The City has since preserved an easement in the ROW for the traffic signal equipment located on the corner of Broadway Avenue and Thierman Road. The City feels this street vacation would be correcting that error. Commissioner Kelley asked how this process would be affected if there was a change of ownership with the parcels? Ms. Kendall explained the previous owners would need to provide authorization to the new owners in order to operate on their behalf. Commissioner Kelley explained that two parcels on the application changed ownership last month and was concerned with what that might do to the process. Ms. Kendall explained that if the property owners whom paid the fees and made the request are no longer in agreement, or the new owners are not in agreement, this proposal would stop. Ms. Kendall advised she will reach out to the applicant Storhaug Engineering to obtain clarification. Commissioner Johnson asked if there would be any reason to postpone the public hearing. Deputy City Attorney Erik Lamb advised that it would not be recommended to delay the public hearing at this time. Mr. Lamb advised the City will contact the applicant to determine any ownership concerns prior to the public hearing and will advise if any changes are necessary. Commissioner Johnson also asked if there would be any reason to add a right hand turn lane for future use? Ms. Kendall explained there were no future plans mentioned for this intersection. With the site being so close to the I-90 interchange WSDOT and the City would have to collaborate. The City contacted WSDOT and did not receive any comments. Commissioner Johnson stated he would like to see Public Works comments in writing and also that WSDOT reviewed this proposal and has no comments. Commissioner Walton stated if there was any potential use for this property it would make more sense to hold onto it rather than going through a condemnation process later. Ms. Kendall advised she will follow up and added that in State Law once ROW is vacated it cannot be asked to be vacated back. ii. Study Session: CTA-2018-0006, a privately initiated code text amendment to SVMC 19.40, 19.60 and 19.65 regarding affordable housing and multifamily developments. Senior Planner Lori Barlow explained that this item is not a study session but rather an informational discussion. She continued that this subject has been before the Commission on three prior occasions. A study session was conducted, a public hearing was held and after review the Planning Commission voted unanimously to forward a recommendation of denial to the City Council. The denial recommendation forwarded to the Council included the application materials, staff report, findings of fact and all meeting minutes 07-11-2019 Planning Commission Minutes Page 3 of 5 where this item was discussed. On June 18, 2019 the City Council heard the administrative report and determined, after a considerable amount of discussion, the item be returned to the Planning Commission for reconsideration. Ms. Barlow continued to explain that during the June 18, 2019 Council meeting there were multiple items discussed regarding impacts and that the proposal may have been too limiting in areas and should be broadened in other areas. Council felt that with direction this item has merit. Ms. Barlow stated that Mr. Basinger contacted Mr. Mallahan with Catholic Charities and summarized the direction Council provided to staff; to consider limiting the allowed number of units and the allowed density and looking at limits that might focus the housing allowed to senior housing. Mr. Mallahan identified his concerns regarding those particular directives that might impact the viability of a project. Through these discussions it became clear that the best approach is to provide all information to Catholic Charities and ask them to modify their proposed code text amendment and consider the items that council is looking for in limiting the density and focusing on senior housing. Catholic Charities has been asked to modify their proposal and resubmit at which time staff will review the materials and bring it forward to the Planning Commission. The Planning Commission would likely conduct a study session,hold a public hearing and result in a recommendation to the City Council. Commissioner Walton asked how the process of City Council referring the item back to the Planning Commission differs from them denying the CTA and then advising Catholic Charities to resubmit. He explained he is confused by the process in being referred back to the Commission with no action that can be taken and what the Commissions role is. Mr. Lamb advised the Commissions role does not change in providing advisory recommendation to City Council. The Council has the prerogative under code to approve, reject, modify or request additional recommendation by the Planning Commission. In this case Council is looking for Planning Commission input and have asked for the modifications from Catholic Charities. Should this come back, the Commissions role has not changed. Per code the Commission can recommend approval, denial or approval with modifications. Commissioner Friend advised he was surprised that staff only picked two items to address with Catholic Charities. There were multiple items mentioned during the Council meeting especially those regarding this change being in the R-3 zone. He asked if that was discussed with the applicant? Ms. Barlow explained the Comprehensive Plan process versus the current code text amendment process in reference to establishing new zones. Mr. Friend advised he was confused as the Commission would be changing the rules by allowing multifamily in the R-3 zone. Ms. Barlow stated this CTA was consistent with many goals and policies within the Comprehensive Plan. It was also identified that relying on the underlying density it allowed for a concentration of the units and that the underlying density would still be met. Commissioner Johnson asked for clarification as to what was given to the Council for review and if they had received a recording. Ms. Barlow stated that the application, staff report, minutes from the meetings where this item was discussed and the finding of fact recommendation were provided to Council. Council was also given a considerable number of comments received subsequent to the Planning Commission meetings and decision. Commissioner Johnson asked if the Council received a recording of the meetings as two Council members were concerned that the Commission was worried that the item would turn into a low barrier or no barrier situation. He noted that was not discussed at all. It 07-11-2019 Planning Commission Minutes Page 4 of 5 was advised the Council did not receive any recordings. He continued that his concern was that this specific CTA was relevant to one property with City wide implications. Commissioner Johnson clarified that once an amended application is received there will be opportunity for public comment. Ms. Barlow added that the Council has the authority to create additional public comment opportunities. Commissioner Johnson asked if the Commission could recommend an additional public hearing and this was concluded to be the case. Commissioner McKinley stated that Catholic Charities has already come before the Commission on two separate occasions, once several years ago and once again recently. He asked how many times this is going to be brought forward? Mr. Lamb advised that under City Code the Planning Commission is an advisory body and provided an advisory recommendation to City Council. Council has asked for Planning Commissions review of this item again by giving guidance as to what the modifications will include once the amended item is resubmitted. Commissioner Kelley asked what the significance of a City wide proposal and not a site specific proposal was. Mr. Lamb explained that as this item is contemplated, to be aware of potential impacts City wide. Staff has identified a number of locations that could potentially comply with the criteria at this time, but someone could aggregate land in order to provide a project meeting the criteria. At this point there is one project and location that the applicant identified. However,this CTA would allow projects throughout the City not at just one location. This CTA would allow a project to be proposed and would not dictate if that project was approved or disapproved. This decision sets the process for consideration. Commissioner Kelley advised there was only one or two properties City wide that met the criteria, but made it clear that this would have an effect City wide. Commissioner Johnson stated due to this not being a site specific proposal, there will be no public notice mailings to the surrounding properties once resubmitted. Ms. Barlow advised the item would be posted in the newspaper, at the library and on the City's website. She added the neighborhood would need to make a point to follow the item. Commissioner Johnson thanked the applicant for notifying the public during the last process. Commissioner Walton asked that if in the process of this resubmittal the Commission makes substantive changes to the amended proposal, would there be a requirement to hold another public hearing? Mr. Lamb advised that if there are substantial modifications it would require a subsequent public hearing on the modifications. Commissioner Kaschmitter advised she drove through the neighborhood trying to understand how this would work. She understands this would be a City wide amendment, however, as she drove through the neighborhood the street is narrow. She feels as though there should be something stating how many feet a street needs to be with a sidewalk due to the effect on the neighborhood. Ms.Barlow clarified at this point the Commission would be establishing the process through the CTA. If the CTA were to be approved, a proposed project would go through an application process. Staff would look at specific impacts and any improvements that might need to be made. This review would include development standards for streets and building codes, the conditional use process as well as an environmental review. At this point those detailed reviews were not complete as this could be proposed anywhere in the City and not specific to one site. 07-11-2019 Planning Commission Minutes Page 5 of 5 X. GOOD OF THE ORDER: Commissioner Friend is excited and hopes to meet the standards expected of him. Commissioner McKinley recognized Senator Mike Padden in the audience and thanked him for his years of service. Commissioner Kaschmitter apologized for being late. Commissioner Johnson advised he is far too young to be a grandfather with a grandson whom is learning to drive. He also advised his grandson Vincent was awarded the National Honor Society. For the record, Chair Johnson advised Commissioner Kaschmitter arrived at 6:10 P.M. XI. ADJOURNMENT: Commissioner Walton moved to adjourn the meeting at 6: 43 p.m. The vote on the motion was six in favor, zero opposed, and the motion passed. James Johnson, Chairman Date signed Robin Hutchins, Secretary CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: July 25, 2019 Item: Check all that apply nold business Fl new business Fl public hearing n information n study session n pending legislation FILE NUMBER: STV-2019-0003 AGENDA ITEM TITLE: Public Hearing—street vacation of a portion of the northwest corner of Broadway Avenue and Thierman Road. DESCRIPTION OF PROPOSAL: Privately initiated street vacation request to vacate approximately 2,987 square feet of improved right-of-way on the northwest corner of Broadway Avenue and Thierman Road. The right-of-way proposed to be vacated is located on the northwest corner of Broadway Avenue and Thierman Road and adjacent to three parcels (35132.1320, 35132.1308 and 35132.1310). GOVERNING LEGISLATION: Spokane Valley Municipal Code (SVMC) 22.140; RCW 35A.47.020 and RCW 35.79 BACKGROUND: On May 1, 2019, Grant Person, Sonrise Land and Pomajevich Investments, Char-Don & Associates and DKelly Developments, LLC, submitted a street vacation application to vacate the northwest corner of Broadway Avenue and Thierman Road. On June 4, 2019 Parcel 35132.1310 was purchased by Otter Investments, LLC. Otter Investments has submitted documentation agreeing to the petition and street vacation, acknowledging they had rights to notice of the public hearing on July 25, 2019, and agreeing to proceed with the hearing on July 25, 2019 without such full notice. Further, Otter Investments has indicated that Storhaug Engineering represents their interests in this matter. Accordingly, staff believes that the process substantially complies with the requirements of the chapter 22.140 SVMC and may proceed. In August of 1985 the owner conveyed property to the Washington State Department of Transportation (WSDOT) for work on Interstate 90. WSDOT conveyed the unused ROW to Spokane County one month later (September 1985). The City acquired the ROW in 2003 upon incorporation. In April 2016 a utility easement was granted to the City and WSDOT to cover the traffic signal system equipment on the corner of Broadway Avenue and Thierman Road. The property owner has requested the street vacation for the following reasons: 1. The area proposed to be vacated is improved with pavement and maintained by current businesses using the area; 2. The City's traffic signal equipment is preserved in an easement established in April 2016; 3. The vacation will allow abutting properties to continue to use the area for parking vehicles associated with business in area of ROW; 4. The street vacation will represent no physical change. RPCA Public Hearing for STV-2019-0003 Page 1 of 2 On June 18, 2019 the City Council passed Resolution 19-009 to set a public hearing date with the Planning Commission on July 25, 2019. The street vacation process is prescribed in 22.140 SVMC and conducted following the City's process of presenting three times each to the Planning Commission and the City Council. Staff discussed the street vacation process and outlined the request at the July 11th study session meeting. On July 11th study session, Commissioner's requested confirmation from the City Engineer, Bill Helbig, is there a need for a right turn lane or potential uses of ROW in future. Bill's response was the following; 1. Traffic modeling and projections for the next 20 years indicate that a new right turn lane at the northwest corner will not be necessary. 2. There are no future uses for the ROW proposed to be vacated. As indicated in the documents, the City will need to retain the easement for the signal equipment. OPTIONS: Recommend approval of the proposed street vacation with conditions, recommend approval with modifications, or recommend denial. RECOMMENDED ACTION OR MOTION: Move to recommend approval subject to recommended conditions of the proposed street vacation for the northwest corner of Broadway Avenue and Thierman Road to the City Council. STAFF CONTACT: Karen Kendall,Planner ATTACHMENTS: 1. PowerPoint presentation 2. Staff Report 3. Additional application material related to new ownership RPCA Public Hearing for STV-2019-0003 Page 2 of 2 Attachment 1 s1j'o' s j�alley • Broadway and Thierman Street Vacation STV-2019-0003 Planning Commission Public Hearing July 25, 2019 �� .` ,\ � to vnetile•In�$a n.rt Fi'_ ` _— _ ---f \\ � 7 _ ~E Ge'an Avco � _ — — ..� = s ________>,./.; � \, ��� '`f pyo 4.-E-1 I P E CC�� \ �� i _.------- '9.1), . ' —"ll a EMallon Ave IP C3 _ 1 .went parcels el‘46 T_ _ ),____ ______ _ ____/ P 4 .• / _E Broadway A Lroadway i ve. . I APN 35132.1310 �a _ \ APN 35132.13Q8 a� s 1 / 1 >144 re' STREET VACATION IPS 332� � . . , ... , o fir. ,„ •_ z ct ,,, ‘,..) i .. > 1 •_ ,,,, -- Ili" f ... /7,.., '' ' Broadway Ave. STREET VACATION ..,,, P Process e. L.., O V L.., 4, 4., 4, .. o, Administrative = 1.1 o : Report et t E. ec N .52 Study Session dates TBD ct °� ct Z'..) i = .., N .2 7-11-19 = � ho = Z - E Ord. 1st Reading : Pt cPublic Hearing dates TBD c c - cz ,� 7-25-19 •� O= O = c:, ct `,'-' .Emg Ord. '� ' Findings of Fact 2nd Reading • 4.., o $? ct 8-8-19 dates TBD o Decision Today 1 Y 1St Phase of street vacation 2nd Phase of street vacation Public Hearing Noticing POSTING. • Posted on each end of area to be vacated • Posted in 3 places within City. City Hall, Center Place and Spokane Valley Library AIRITTEN WIT. • Mailed to 3 abutting property owners and their tenants PUBLISHED: • Published in Valley Herald and Exchange 2 times Ownership Change PARCEL 35132. 1310 = OTTER INVESTMENTS, LLC: • Previous owners authorize transfer of interest in application processing; • Authorization for Storhaug to be Applicant; and • Written documentation of new owner authorizing; • Concurrence and agreement to supplement application. • Agree to rights of notice and proceed without full notice of public hearing. • Waive any challenges based on lack of full notice. Details of Street Vacation ,,,, I, , I• q.• . C • .: i Wrill 11 /I . - . .e. , r 1 ' um / ...:1 ..,- Irlici i / . ° TI,.._;,„ 4'iir i •_.. . i' dee' 0 -iew. *4 ' - , %AI, V itee i -pi 0 , 1 . , . 4t" \ . ,S ,1/4 (I) . ., i• .• •.., ! , , ,._ 1 • • . . r __L.... AF ! i _. ._. - - Broadway Ave. '- STREET VACATION Applicant'sReasons for R M 1 Improved and maintained by - Aiip l if y 1 '_ 4' r• 4=.- pSC� current businesses; L -:, . �.�1-� 4c::: °a Easement for City s traffic ,. r� . :n, signal equipment established _ , ---East- advvay� Avenue in April of 2016; " ' 4; . Continue parking use for area businesses; and Represent no physical change. Street Vacation Criteria Reviewed 1 . Will vacation better serve the public? 2. Required for public use or public access? 3. Is substitution of a new and different public ROW better? 4. Will conditions change to provide a greater use? 5. Are there any objections? a • .ii .411 lop 44.RECO MENDATIONte. ... - 4 .. 441itt , APPROVE COND °1 • b , _ TO CITY CouNcl4 • •. lip � , t ,., 14 im, ` _ ' , *t ib ti .' .� - # • ( • ID.• - • ta i f k Attachment 2 COMMUNITY AND PUBLIC WORKS of BUILDING&PLANNING SpcIry okane Valley STAFF REPORT AND RECOMMENDATION TO THE PLANNING COMMISSION FILE: STV-2019-0003 STAFF REPORT DATE: July 18, 2019 FILE NO: STV-2019-0003 PROPOSAL DESCRIPTION: Privately initiated street vacation request to vacate approximately 2,987 square feet of improved right-of-way on the northwest corner of Broadway Avenue and Thierman Road. STAFF PLANNER: Karen Kendall, Planner, Community& Public Works APPLICANT:Liam Taylor, Storhaug Engineering, Inc., 510 East 3rd Avenue, Spokane, WA 99202 OWNER 1: Otter Investments, LLC, 601 West Main Avenue, Ste. 400, Spokane, WA 99201 *NOTE, Otter Investments purchased the property after the street vacation application was submitted. OWNER 2: Char-Don &Associates, 150 West Pinon Drive, Green Valley, AZ 85614 OWNER 3: DKelly Developments, LLC, 10126 South Hangman Valley Road, Spokane, WA 99224 PROPOSAL LOCATION: The right-of-way proposed to be vacated is located on the northwest corner of Broadway Avenue and Thierman Road and adjacent to three parcels (35132.1320, 35132.1308 and 35132.1310), further located in the SE quarter of the NW quarter of Section 13, Township 25 North, Range 43 East, Willamette Meridian, Spokane Valley, Washington BACKGROUND: On May 1, 2019, Grant Person, Sonrise Land and Pomajevich Investments, Char- Don & Associates and DKelly Developments, LLC, submitted a street vacation application to vacate the northwest corner of Broadway Avenue and Thierman Road. On June 4, 2019 Parcel 35132.1310 was purchased by Otter Investments, LLC. Otter Investments has submitted documentation agreeing to the petition and street vacation, acknowledging they had rights to notice of the public hearing on July 25, 2019, and agreeing to proceed with the hearing on July 25, 2019 without such full notice. Further, Otter Investments has indicated that Storhaug Engineering represents their interests in this matter. Accordingly, staff believes that the process substantially complies with the requirements of the chapter 22.140 SVMC and may proceed. In August of 1985 the owner conveyed property to the Washington State Department of Transportation (WSDOT) for work on Interstate 90. WSDOT conveyed the unused Right-of-Way (ROW) to Spokane County one month later (September 1985). The ROW became the City's in 2003 upon incorporation. In April 2016 a utility easement was granted to the City and WSDOT to cover the traffic signal system equipment on the corner of Broadway Avenue and Thierman Road. The owner recently discovered that the portion of property was City ROW. Staff Report and Recommendation STV-2019-0003 Page 1 of 6 July 18,2019 The property owner is making a request for the following reasons: 1. The area proposed to be vacated is improved with pavement and maintained by current businesses using the area; 2. The City's traffic signal equipment is preserved in an easement established in April 2016; 3. The vacation will allow abutting properties to continue to use the area for parking vehicles associated with business in area of ROW; 4. The street vacation will represent no physical change. On June 18, 2019 the City Council passed Resolution 19-009 to set a public hearing date with the Planning Commission on July 25, 2019. The street vacation process is prescribed in 22.140 SVMC and conducted following the City's process of presenting three times each to Planning Commission and City Council. Staff began the process at the July 1 lth study session meeting. APPROVAL CRITERIA: 1. SVMC—Title 21 (Environmental Controls) 2. SVMC—Title 22 (Street Vacations) 3. City of Spokane Valley Street Standards ATTACHMENTS: Exhibit 1: Vicinity Map Exhibit 2: Aerial Map Exhibit 3: Application Materials Exhibit 4: Notice of Public Hearing Exhibit 5: Agency Comments I. PROPERTY INFORMATION Size and Characteristics of The improved right of way area is approximately 2,987 proposed vacation: square feet. The subject right of way is paved or landscaped and being used by the adjacent property owner(s). Adjacent Comprehensive Industrial (I) Plan Designation: Adjacent Zoning: Industrial (I) Adjacent Land Use(s): Automotive repair, freight hauling services and drive- thru restaurant. Staff Report and Recommendation STV-2019-0003 Page 2 of 6 July 18,2019 II. STAFF ANALYSIS OF STREET VACATION PROPOSAL A. COMPLIANCE WITH SPOKANE VALLEY MUNICIPAL CODE(SVMC)TITLE 22.140.030 Findings: 1. Whether a change of use or vacation of the street or alley will better serve the public? The area proposed to be vacated is improved with pavement and landscaping, and currently used by adjacent property owners with the assumption the ROW does not exist. The vacation will establish the parcel lines consistent with the current use of the ROW. The area proposed to be vacated has existing services from Avista Utilities and Comcast. Avista submitted public comment requesting an easement to preserve an overhead electrical distribution facility located in the ROW. Comcast provided a comment to the Applicant during the initial application gathering stage stating they have no objection, if an easement is preserved for their existing aerial path. No comments were provided by Comcast during the formal routing stage. Staff has carried forward the request for easements into the recommended conditions. The vacation of the corner of Broadway Avenue and Thierman Road are expected to have no impact on the general public. 2. Whether the street or alley is no longer required for public use or public access? The subject right-of-way is improved and has been utilized by adjacent property owners for their businesses since 1985 when WSDOT dedicated the portion back to the local jurisdiction. The portion of ROW has not been needed nor is needed in future for public use or access. 3. Whether the substitution of a new and different public way would be more useful to the public? The area originally deeded to WSDOT in 1985 was unused and given back to the local jurisdiction. In 2016 the City preserved traffic signal system equipment within an easement thus eliminating the need for a substitution of a new or different ROW. 4. Whether conditions may so change in the future as to provide a greater use or need than presently exists? Based on the Comprehensive Plan it is not anticipated that changes will occur in the future that would alter the intersection of Broadway Avenue and Thierman Road. Traffic modeling and projections for the next 20 years indicate that a new right turn lane at the northwest corner will not be necessary. There are no future uses for the ROW proposed to be vacated. The traffic signal system equipment on the corner is located in an easement and satisfactory to the City. 5. Whether objections to the proposed vacation are made by owners of private property (exclusive of petitioners) abutting the street or alley or other governmental agencies or members of the general public? No objections or public comment has been received. Conclusions: The findings confirm that criteria set forth in SVMC 22.140.030 have been met. Staff Report and Recommendation STV-2019-0003 Page 3 of 6 July 18,2019 B. COMPLIANCE WITH SVMC TITLE 21—ENVIRONMENTAL CONTROLS The Planning Division has reviewed the proposed project and has determined that the project is categorically exempt pursuant to WAC 197-11-800(2)(i) and SVMC 21.20.040 from environmental review under the provisions of the State Environmental Policy Act(SEPA). III. PUBLIC COMMENTS Findings: No public comments have been received following the notice of public hearing issued, mailed and posted on July 10, 2019. A Notice of Public Hearing sign was posted on the property July 10, 2019 and public hearing notices were mailed to all owners adjacent to the right-of-ways being vacated. Notices were posted in the Spokane Valley Public Library, City of Spokane Valley main reception area and Center Place Event Center on July 10, 2019. Last, the notice was published in the Spokane Valley Herald and Exchange on July 5, 2019 and July 12, 2019. Otter Investments has submitted documentation agreeing to the petition and street vacation, acknowledging they had rights to notice of the public hearing on July 25, 2019, and agreeing to proceed with the hearing on July 25, 2019 without such full notice. Conclusion(s): Staff concludes that adequate public noticing was conducted for STV-2019-0003 in accordance with adopted public noticing procedures. IV. AGENCY COMMENTS Notice was provided to agencies and service providers. Comments were received from the following agencies and are attached as exhibits to this staff report. Where necessary, comments have been incorporated into the recommended conditions of approval in Section V. Agency Received Comments Comments Dated City of Spokane Valley Public Works Yes 6-6-19 Spokane Valley Fire District No.1 Yes 6-6-19 Avista Utilities Yes 6-11-19 City of Spokane Valley Police Department No Spokane Transit Authority No Spokane Regional Health District No Century Link No Comcast No City of Spokane Water& Wastewater Department No WA Archaeology and Historic Preservation No WA Department of Transportation No Yellowstone Pipeline No Staff Report and Recommendation STV-2019-0003 Page 4 of 6 July 18,2019 Findings: The application was routed to jurisdictional agencies, utilities, and public districts for review and comment. Avista Utilities has an existing overhead electrical distribution facility that will require creation of an easement and conditioned as such within the staff report. No other substantive agency comments have been received to date. Conclusion(s): Staff concludes that jurisdictional agencies, utilities, and or public districts have no concerns regarding the proposed street vacation. V. OVERALL CONCLUSIONS AND FINDINGS Staff concludes that STV-2019-0003 as proposed is generally consistent, or will be made consistent, through the recommended conditions of approval based on the approval criteria stated herein. RECOMMENDATION: Approve the request to vacate 2,987 square feet of the northwest corner of Broadway Avenue and Thierman Road: 1. Initial work to satisfy conditions of the street vacation (File No. STV-2019-0003), 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 (35132.1320, 35132.1308 and 35132.1310) as shown on the record of survey created and recorded with Spokane County Auditor's Office pursuant to condition 8. 3. The applicant shall establish an easement acceptable to Avista Utilities for access to overhead electric distribution facilities serving parcels 35132.1320, 35132.1308 and 35132.1310. The location and recording number shall be shown on the record of survey and written documentation of the easement shall be submitted to the City prior to final acceptance and all conditions have been satisfied. 4. The applicant shall submit written acceptance from Comcast that an easement has been established to preserve their services, if necessary. The location and recording number shall be shown on the record of survey and written documentation of the easement shall be submitted to the City prior to final acceptance and all conditions have been satisfied. 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 and approval. Staff Report and Recommendation STV-2019-0003 Page 5 of 6 July 18,2019 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 the 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. 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. The adopting Ordinance shall specify this zoning district extension inclusive of the applicable zoning district designations. 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. Staff Report and Recommendation STV-2019-0003 Page 6 of 6 July 18,2019 EXHIBIT 1 I ear /lam.-,� \ Iso E DF-in A•:e �` pds cr C \ r '�� 7yf. ..(, .F! b.* ; E Mallon Ave _____._______:l'' / c a 1 / 0 -c - N ... f 1 ,ke�cs� w E Broadway. Broadway ' e. f9bOrt Ne 44% `� r _.‘ : . E BroadvraY P� >NI ) �, STREET VACATION - 3 m Wield Ave _ o �� • •mos ) I 1 / V .. F es-- /, > II ,.... S i ../"/". . Park Road Pit EXHIBIT 2 Aerial map . . . .. _. ) . -, . ,/: I . - i lo ir . - - -i I I I ft IP.I g ': - Li Uri a ) ) I L * III I ' ., MIT ' + i I Ii; 1 11,1-- 1 i lid ' ; ' '• t .. I I,. 4,0 i 4 •' . --. . ' . li 0 i . , 1. - Earl I. A . . ,‘1 ' 1 I, 1 1 1 ' ' ,-- • 1 . .1/4,t44‘\ I 1•- - , 1., ..1 . , *V q 41-L' • . —tw‘xkigkkk.ktk, k‘ 1 r.4\.'"N,, • _ .- - . . STREET VACATION EXH :1T 3 i— ST"or�T STREET VACATION APPLICATION :✓10.1.5 e SVMC 22.140 ,__Walley 10210 E Sprague Avenue • Spokane Valley WA 99206 Phone: (509)720-5240 •Fax:(509)720-5075 •permitcenterc spokanevallev.org STAFF USE ONLY Date Submitted: Received by: Fee: PLUS#: File#:_ i,9IYI//A1 I o3 PART I - REQUIRED MATERIAL s w **THE APPLICATION WILL NOT BE ACCEPTED IF THE REQUIRED MATERIALS ARE NOT PROVIDED* 0 wItLI.1 S Completed Application Form > N IU- W "Application Fee c� ;� Notice of Application Packet(17.80.110)-Adjacent Property(ies) 0 Q W 0/Written Narrative-A written narrative describing the reasons for the proposed street vacati itrItit M O. physical limits of the proposed street vacation and the public benefit of the proposed street vacauor j u 0) Written Correspondence Utility Y ondence from Purveyors O '''-'.:' ::..;i UO �] . .. D Velelephone vCable %/Electric _Other(Specify)_ EL '' co _L./Water District t,---Fire District ./Gas Utility ,.,ewer Utility L Vicinity Map-Submit a map showing the general area of the proposed vacation 121tecord of Survey, if available, for the subject street and/or alley proposed for vacation, and abutting properties, streets and alleys within 100 feet on all sides of the proposed vacation. 0/Written Evidence of all easements,allowances or reservations, if available, pertaining to the street and/or alley proposed for vacation. PART II - APPLICATION INFORMATION APPLICANT NAME: S �C)iTIa t.. a\ E✓' Gj ,'''1 e e✓`.;'t q �tL L. ( L 1 �l i"'` (�(�jLOY') ,J J / MAILING ADDRESS: -5 1 2 L- 3;::-.--j Ove_ CITY: S f J K Gi A e_ STATE: ./t ZIP: 9 ( 202_ t� Jr-0_2(42-too 1 1,'cu411-0 5•ta�:�tct J , co,n PHONE:• M2-1'tZ-(O"'L FAX: CELL: EMAIL: PROPERTY OWNER NO. 1: G f a" Per S 6' v1 MAILING ADDRESS: i 28 5o,', bow d ` S Z_O 0 d CITY: S Qf,KLiYL \A l 7 STATE: \A14 ZIP: f ` 2 0 6 PL-15 V1.0 Page 1 of SO("Wane VACATION APPLICATION �" ' Valley PHONE:50 M Ct 35'3t FAX: CELL: EMAIL: PROPERTY OWNER NO. 2: 50.1 4SG' 1-- 6,4 2.L. P0.0 ekj ' vC_ 4 S¢,M�h �y MAILING ADDRESS: 2 1 D —1 Cc'-/ LEA CITY: d STATE: ZIP: i j - q dr< € � t. cc,„ PHONE: 5C4i-22Z-25? FAX: CELL: EMAIL: If more than two(2)abutting property owners,include information and written authorization on a separate sheet of paper for each. NAME OF STREET/ALLEY TO BE VACATED: E OcoeactI„I Y Ave_ c€AjNI It— DIMENSIONS -DIMENSIONS OF STREET/ALLEY TO BE VACATED: Ste. 61—4 GJ A i9.- ( 5c. o-1 • SQUARE FEET OF STREET/ALLEY TO BE VACATED: i'p,-O< 2 f N ABUTTING TAX PARCEL NO(S).: 3-5-132 .13t0) 3S 1 3 2 ,t 3 / 3S t 32„ 1 3Z.0 ADDRESSES OF ABUTTING PARCELS: E., I E �� �c l'`1- !*0 6 5 2 S 82;cc-(/(-/ari ZONING DESIGNATION: yvr t- S'+�` I THE FOLLOWING IS CRITERIA EVALUATED BY THE PLANNING COMMISSION IN FORMULATING A RECOMMENDATION TO THE CITY COUNCIL.ON A SEPARATE SHEET OF PAPER THE FOLLOWING QUESTIONS SHALL BE ANSWERED IN A DETAILED MANNER; 1. HOW DOES A CHANGE OF USE OR VACATION OF THE STREET/ALLEY IMPROVE SERVICE TO THE PUBLIC? 2. IS THE STREET OR ALLEY NO LONGER REQUIRED FOR PUBLIC USE OR PUBLIC ACCESS? EXPLAIN. 3. WOULD SUBSTITUTION OF A NEW AND/OR DIFFERENT PUBLIC RIGHT-OF-WAY BETTER SERVE THE PUBLIC? EXPLAIN. 4. How WILL USE OR NEED FOR THIS RIGHT-OF-WAY BE AFFECTED BY FUTURE CONDITIONS? EXPLAIN. 5. WILL EASEMENTS BE RETAINED FOR ALL UNDERGROUND AND OVERHEAD UTILITIES? THE REQUESTED VACATION IS LOCATED IN THE SERVICE AREA OF WHAT UTILITY COMPANIES.(SPECIFY)? 6. DOES THE RIGHT-OF-WAY INCLUDE STORMWATER DRAINAGE FACILITIES(SPECIFY)? PLEASE NOTE: PER RCW 35.79.040(TITLE TO VACATED STREET/ALLEY),THE PROPERTY WITHIN A PUBLIC STREET OR ALLEY VACATED BY THE CITY COUNCIL SHALL BELONG TO THE ABUTTING PROPERTY OWNERS, ONE-HALF(1/2)TO EACH. THEREFORE, PROPERTY OWNER SHALL BE REQUIRED TO SIGN THE STREET VACATION APPLICATION. PL-15 V1.0 Page 2 of tOn a STREET VACATION APPLICATION PER RESOLUTION 07-009 OF THE CITY OF SPOKANE VALLEY,THE CITY COUNCIL HAS THE AUTHORITY TO IMPOSE CHARGES FOR STREET/ALLEY VACATION PURSUANT TO RCW 3619.030 PART III - AUTHORIZATION (Signature of owner or authorized representative) t—1 t...rsr , "T PO-1 W12 , (print name) swear or affirm that the above responses are made truthfully and to the best of my knowledge. — a}-1 - t (Signature) G (Date) NOTARY STATE OF WASHINGTON) ss: COUNTY OF SPOKANE ) SUBSCRIBED AND SWORN to before me this a4 day of IVl E''`k ,20 19 NOTARY SEAL O ftu U t Gu w } -4p NOTARY SIGNATURE ftl'!,/ ys-(AL WqZ ,.,, Notary Public in and for the State of Washington ‘\\OTARY‘'; _ Residing at: I9 0- E 1-111,-;•NA -030,00 PUBLIC��;:2 - S�k�NE �l F, �{ WA �1�i 2 olo 'C. ,IptsT,�,,,, My appointment expires: ba- ►sl � oa-� LEGAL OWNER NO. 1 AUTHORIZATION: If the applicant is not the legal owner(s), the owner must provide the following acknowledgement; I, , owner of the above described property do hereby authorize to represent me and my interests in all matters regarding this application. LEGAL OWNER NO. 2 AUTHORIZATION: If the applicant is not the legal owner(s),the owner must provide the following acknowledgement; PL-15 V1.0 Page 3 of PROPERTY OWNER No. 3: Char-Don &Associates MAILING ADDRESS: 150 West Pinon Drive CITY: Green Valley STATE: AZ ZIP: 85614 EMAIL: cdparfrey@gmail.com PROPERTY OWNER No. 4: DKelly Development, LLC MAILING ADDRESS: 10126 South Hangman Valley Road CITY: Spokane STATE: WA ZIP: 99224 EMAIL: denniskelly@gmail.com Iiamt@storhaug.com From: Dennis Kelly <denniskelly@outlook.com> Sent: Tuesday, May 21, 2019 9:57 AM To: liamt@storhaug.com Subject: Broadway Property Vacation To Whom it may concern. In matters regarding the property vacation at 6525 E Broadway, Zip's Drive in, Storhaug Engineering shall represent my interest in any proceedings pertaining to said a vacation. Respectfully, Dennis Kelly DKelly Develoment LLC liamt@storhaug.com From: Grant Person <jgrantperson@gmail.com> Sent: Friday, May 17, 2019 7:02 PM To: Alex Durkin Subject: E.6615 Broadway vacation application Alex I am the owner of Sonrise Land, LLC. Sonrise Land owns an undivided 50%interest in the above property. Pomajevich Investments Co. ,LLC owns the other 50% undivided interest in this property. I authorize Storhaug Engineering, Co.to act on my behalf to process the Broadway. ave. Right of Way partial vacation application. Best regards, J. Grant Person Chester Self Storage 4128 S. Bowdish Rd. Spokane Valley, WA 99206 Ph: 509-413-1643 Cell: 509-993-3576 1 Page 1 of 1 BUSINESS INFORMATION Business Name: SONRISE LAND LLC UBI Number: 601 774 217 Business Type: WA LIMITED LIABILITY COMPANY Business Status: ACTIVE Principal Office Street Address: 2104 E CHERRY TREE LN, SPOKANE, WA, 99203-5019, UNITED STATES Principal Office Mailing Address: 2104 E CHERRY TREE LN, SPOKANE, WA, 99203-5019, UNITED STATES Expiration Date: 02/28/2020 Jurisdiction: UNITED STATES, WASHINGTON Formation/Registration Date: 02/24/1997 Period of Duration: 02/24/2030 Inactive Date: Nature of Business: REAL ESTATE, REAL ESTATE MANAGEMENT, DEVELOPMENT, CONSULTING REGISTERED AGENT INFORMATION Registered Agent Name: J GRANT PERSON Street Address: 2104 E CHERRY TREE LN, SPOKANE,WA, 99203-5019, UNITED STATES Mailing Address: GOVERNORS Title Governors Type Entity Name First Name Last Name GOVERNOR INDIVIDUAL DIXIE L PERSON GOVERNOR INDIVIDUAL J GRANT PERSON https://ccfs.sos.wa.gov/ 5/17/2019 liamt@storhau9zom From: Parfrey <cdparfrey@gmail.com> Sent: Tuesday, May 21, 2019 8:24 AM To: liamt@storhaug.com Cc: Alex Durkin Subject: Re: 18-205: Person Broadway Legal:Authorization Attachments: image004.gif; image001.png; image002.png; image003.gif Yes, I approve. Charlie Parfrey On Tue, May 21, 2019, 8:11 AM <liamt@storhaug.com>wrote: Good Morning Charlie, As I'm sure you're aware, we're currently working with Grant Person to submit a Street Vacation Application to the City of Spokane Valley. Although Person has already received authorization from you for HIM to proceed with the application,the Valley is also requesting that WE get authorization from you to act on behalf of Char-Don& Associates to process the Broadway Avenue partial Right of Way vacation application. If you could reply to this email with the said authorization,that should suffice for our submittal. Please let me know if you have any questions. Thank you, Liam Taylor, Planning Intern civil engineering I planning landscape architecture I surveying 510 east third avenue I spokane,wa 99202 p. 509.242.1000 I w.www.storhauq.com El C 1 Iiamt@storhaug.com From: Jim Pomajevich <pomajevich@gmail.com> Sent: Friday, May 17, 2019 6:24 PM To: Grant Person Cc: Alex Durkin Subject: Re: Request for information regarding STV-2019-0003 (Broadway Avenue street vacation) Alex this letter will serve to authorize Storhaug Engineering, Co. to act on behalf of Pomajevich Investments Co to process the Broadway Ave. partial Right of Way vacation application. If you need further information please let me know. Later, Jim Pomajevich, Manager of Pomajevich Investments Co LLC. On Fri, May 17, 2019 at 4:02 PM Grant Person <jgrantperson@gmail.com>wrote: Alex---- I'm out of town( back East)for a few weeks and will be home the 3rd of June. Do you have the contact info to make contact with Charlie Parfrey and Dennis Kelly? I'd like not to hold things up due to my being out of town. Jim Pomajevich and I will each send a letter to you "authorizing Storhaug Engineering, Co.to act on our behalf to process the Broadway Ave. partial Right of Way vacation application". We'll need the same letter from Parfrey as well as Kelly. Forwarded message From: Karen Kendall<kkendall@spokanevalley.org> Date: Fri, May 17, 2019 at 1:26 PM Subject: Request for information regarding STV-2019-0003 (Broadway Avenue street vacation) To: liamt@storhaug.com<liamt@storhaug.com>, jgrantperson@gmail.com<jgrantperson@gmail.com> CC: Alex Durkin <alex@storhaug.com> Liam and Grant, I have reviewed the street vacation request for Broadway Avenue and need the following items clarified or submitted prior to continuing processing of the application. 1. Applicant Contact: Seeking clarity as to whom the main contact will be. I have received inquiries from Liam at Storhaug Engineering,while the application lists Grant Person as the Applicant, main contact. Please verify, if Grant is to be considered the main contact for all correspondence. If not, authorization from all three property owners and Grant Person shall be submitted for Storhaug to act on behalf. 2. Legal Owner Authorization: Need authorization from Sonrise Land and Pomajevich Investments to allow Grant Person to act on their behalf in processing application. 3. Notice of Application: Parcels 35132.1310, 35132.1308 and 35132.1320 are directly abutting area to be vacated and a stamped addressed envelope is needed. The City received stamped addressed envelopes for parcels 35132.1309, 35132.1307 and 35132.1343 addressed to the tenants (current business owners) not owners/taxpayers as required. See updated information below and determine if you would like to submit 3 new stamped addressed envelopes or update existing envelopes at City. Owner of parcel: 35132.1310 Owner Name: SONRISE LAND & POMAJEVICH INVESTMENTS Address: 2104 E CHERRY TREE LN. SPOKANE. WA. 99203-5019 Owner of parcel: 35132.1308 Owner Name: CHAR-DON &ASSOCIATES Address: 150 W PINON DR. GREEN VALLEY. AZ. 85614 Owner of parcel: 35132.1320 Owner Name: DKELLY DEVELOPMENT, LLC Address:: 10126 S HANGMAN VALLEY RD. SPOKANE. WA. 99224 If you have any questions, please do not hesitate to contact me. Best regards, Karen Kendall I Planner 10210 E.Sprague Avenue I Spokane Valley,WA 99206 (509)720-5026 kkendall@spokanevalley.org Spokane This email and any attachments may be subject to disclosure pursuant to Washington State's Public Record Act,chapter 42.56 RCW. Best regards, J. Grant Person 2 Chester Self Storage 4128 S. Bowdish Rd. Spokane Valley, WA 99206 Ph: 509-413-1643 Cell: 509-993-3576 Jim Pomajevich pomaievich@gmail.com 3 Page 1 of 1 BUSINESS INFORMATION Business Name: POMAJEVICH INVESTMENTS CO, LLC UBI Number: 602 265 966 Business Type: WA LIMITED LIABILITY COMPANY Business Status: ACTIVE Principal Office Street Address: 8919 NW LAKECREST AVE, VANCOUVER, WA, 98665-6516, UNITED STATES Principal Office Mailing Address: PO BOX 65765, VANCOUVER, WA, 98665-0026, UNITED STATES Expiration Date: 01/31/2020 Jurisdiction: UNITED STATES, WASHINGTON Formation/Registration Date: 01/27/2003 Period of Duration: PERPETUAL Inactive Date: Nature of Business: REAL ESTATE REGISTERED AGENT INFORMATION Registered Agent Name: JAMES POMAJEVICH Street Address: 8919 NW LAKECREST AVE, VANCOUVER, WA, 98665-0000, UNITED STATES Mailing Address: PO BOX 65765, VANCOUVER, WA, 98665-0000, UNITED STATES GOVERNORS Title Governors Type Entity Name First Name Last Name GOVERNOR INDIVIDUAL JAMES POMAJEVICH GOVERNOR INDIVIDUAL DONNA POMAJEVICH https://ccfs.sos.wa.gov/ 5/17/2019 is o'hau civil engineering planning landscape architecture surveying BROADWAY AVENUE AND THIERMAN ROAD VACATION PROPOSAL QUESTIONNAIRE 4/24/2019 SE PROJECT NUMBER: 18-205.2 SUBJECT PARCELS: 35132.1307 35132.1308 35132.1309 35132.1310 35132.1320 35132.1343 1. How does a change of use or vacation of the street/alley improve service to the public? A vacation will not be noticed by the public. The current road alignment in the area will be unaffected. The benefit to the public is in providing clarity to the record and enabling existing and active businesses to continue their use of the subject parcels. 2. Is the street or alley no longer required for public use or public access? Explain. Right-of-way in this proposed vacation area is not required and was never used or even considered as right-of-way. The area was thought of as part of the subject parcels and the owners have used and paid taxes on the property accordingly. The alignments of Broadway Avenue and Thierman Road do not utilize the area to be vacated. 3. Would substitution of a new and/or different public right-of-way better serve the public? Explain. Substitution of a new or different right-of-way would not serve the public, as the right-of-way to be vacated does not and never has served the public. 4. How will use or need for this right-of-way be affected by future conditions? Explain. Thierman Road and Broadway Avenue appear to provide sufficient infrastructure for this intersection as currently configured. The right-of-way to be vacated has been considered to be part of the subject 510 E.3rd Avenue•Spokane,WA 99202 Page 1 of 2 509.242.1000 Fax 509.242.1001 •www.storhaue.com is orhau civil engineering planning landscape architecture surveying parcels and has not been considered to be right-of-way. There would be no change in use or need for this right-of-way on that basis. 5. Will easements be retained for all underground and/or overhead utilities?The requested vacation is located in the service area of what utilities (Specify)? The owners of parcel 35132.1310, Sonrise Land, LLC and Pomajevich Investments Co., LLC,granted to the City of Spokane Valley and the State of Washington an utility easement 6488175 on 4/15/2016. At this time all parties thought the property belonged to Sonrise Land, LLC and Pomajevich Investments Co., LLC. Easements may be retained for underground and overhead utilities as needed and requested. The right-of-way to be vacated is within the service areas of the following utilities: - Avista Corporation - CenturyLink - Comcast - City of Spokane Water and Sewer - Spokane Valley Fire Department 6. Does the right-of-way include stormwater drainage facilities (specify)? The right-of-way does not include stormwater drainage facilities. It is mostly pavement. 510 E. rd Avenue•Spokane,WA 99202 Page 2 of 2 509.242.1000•Fax 509.242.1001 •www.storhaug.com is orhau civil engineering planning \ / landscape architecture surveying BROADWAY AVENUE AND THIERMAN ROAD VACATION PROPOSAL NARRATIVE 4/25/2019 SE PROJECT NUMBER: 18-205.2 Project SUBJECT PARCELS: 35132.1307 RECEIVED 35132.1308 MAY 0 1 2019 35132.1309 35132.1310 COSV PERMIT CENTER 35132.1320 35132.1343 SUB # REV. # AREA TO BE VACATED: See attached legal descriptions. NARRATIVE: On 8/13/1985 Dougherty granted to the State of Washington that land described in Quit Claim Deed 8508130033, attached. On 9/23/1985 the State of Washington granted to Spokane County that land described in Quit Claim Deed 8509230166, also attached. This appears to have been a "Turn- Back," but was not granted to the previous owners of the land. Instead the land was "turned-back" to the County. The land owners have continued to this day to use and pay taxes on the property as though it had been returned. The subject parcels are occupied by active businesses. They rely on their current access points, parking and driving areas, and current configurations. The purpose of this proposed vacation is to bring the legal status of the land into alignment with its current and long-term use, and to return to the property owners that land which should have been "turned-back" on 9/23/1985. PUBLIC BENEFIT: The public is benefitted in the following ways: 1. Active community businesses that use the area that is to be vacated will be allowed to continue their current operations without changing the configurations or operations of their sites 2. The public record will more accurately reflect the real conditions and usages of land in this area, reducing confusion 510 E.3rd Avenue Spokane,WA 99202 Page 1 of 1 509242.1000 Fax 509242.1001 www.storhaug.com • • 85.0323016E Vt;•, 774 PAGE 1267 • QUITCLAIM DEED • / - fito*` IN THE MATTER OF SR 90,Spokane to Greenacres. KNOW ALL MEN BY THESE PRESENTS, that the STATE OF WASHINGTON, for and W • 5' L in consideration of clearing title hereby conveys and quitclaims unto SPOKANE COUNTY, /`- 64 970/5 a political subdivision of the State of Washington, all its right, title and Interest, in and to SPo K -f-+( 004 the following described real property situated in Spokane County,State of Washington: * ‘Ced' •"\,,,,/ a, ,+\ cl% All that part of Section 13, Township 25 North, Range 43 East, W.M., shown r%fa"� 'r hachured on Exhibit"A"attached hereto and made a part hereof. The grantee herein, Its successors or assigns, shall have no right of ingress and egress to, from and between said SR 90 and the lands herein conveyed; nor shall the grantee herein, Its successors or assigns, be entitled to compensation for any loss of light, view and air occasioned by the location, construction, maintenance or operation of said highway. The specific details concerning all of which may be found on sheet 23 of that certain plan entitled SR 90, Spokane to Greenacres, now of record and on file in the office of the Secretary of Transportation at Olympia, Washington, bearing date of approval April 21, .1953. • • The grantee as part consideration herein does hereby agree to comply with all civil rights and anti-discrimination requirements of RCW Chapter 49.60,as to the lands herein described. • • The lands herein described are not required for State highway purposes and are conveyed pursuant to the provisions`of RCW Chapter 47.12463.. p Dated at Olympia, Washington, this 7'41 day of • , 19 g.ar" • b,cise T%+x Pal on 31.401 .STATE OF WASHINGTON. Salo Amt. Pd. etc,¢/ p.E "SKIP" CHILBERG Spokane County Treat . . 9) q( . . DUANE BERENTSON Secretary of Transportation I LED':(1lZ.nIMIEI1.1 • • SI OF Please return to: / SEP. Z3 II 22 AN 85 ' ^ONAHUE: STATE OF WASHINGTON Department of Transportalton-KF-01 :(hNi COOS t'i, Land Management OfficeOCPUT'r Transportation Building Page 1 of 2 1.YOUNG I.C. # 6-32-04154 Olympia, Washington 98504 • APPROVED AS TO FORM; Yf{'• . 774 r E .268 By: 4,i' .44, r i Assista•t Attorn• General REVIEWED AS TO FORM: By: `' • - Spok- e ounty 17/945 STATE OF WASHINGTON ) • )t ss County of Thurston On this f1 oce day of , 19 4r, before me personally appeared DUANE BERENTSON, known to me as the Secretary of Transportation, Washington State Department of Transportation, and executed the foregoing instrument, acknowledging said instrument to be the free and voluntary act and deed of the State of Washington, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute said instrument. 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Amity L.4,,,, partnvliwo ta,574 Vi JO ii; ta.SY62 _ - -o. 6, am 7.O. ourbl (R$to4ia+01 a 3.347 IF. all sA a414 ' _ :..• iii I i * coNsrmierwm PSAMC1- •• F l , • • • • - • • AO.1111#14t.,ACCESS CASVAZNY -• 1111111 . . ii-14* 91461 EASSMENT i; \,,..i1C,••' .1. 1• i ' . (6.0Z4t I) :1 (6.0a600) to • I . H 1 I • _ . (6.0Z4/0) .. :,. 'EXCIISS /VW .9 I ,./. I H I ' . i: CONSTRUCTION ZICyl i . 770.%rF: r4 i• 4 ..% PERMIT ,• , 44 :. a •• ti • - , . L.;I''" • :: . 044,,.: 1 / ... v ,r s>• ........1 , '. . .. ' . • 141.4 (Plq" ' , 4 • : H III is ,4144,L. * f i 1,1 • III •, El . k t. ',•'''...; .,,,, 41 : lt ta . • . IttP•avv-e-a---- :••1 1 I 2 ri'411 • • • brltz,par ' - r_t•Ez_rt Tit()o , or, :f:•I'', 1„..thl; ...il • S Lit 3. . • •• II 17;1. ti l' ,, .• Z-.... Y. i .. r.-111 . . ), ,,;-.,„, b .\coNsAticlid-m- - ---- • - *4 x 1.1 .• . - LI • 111 PirRMIr T 4. o g. 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WINSLOW and - ' TAMARA L. DOUGHERTY,-the joint executrices of the estate of FLORENCE C. . :DOUGHERTY; and TAB DOUGHERTY and DIANA R. DOUGHERTY, husband and ,wife;.- . ' 'for andib consideratibn bf the slim of Ten and.no/loo ($10.00) Dollars • and other valuable considerations • ' - - convey�' -, and quit. claim ': to the State of Washington.the following described real estate, and any after-acquired interest therein',situated In Spokane ' - • County,•in the State of Wash- ington, to the same extent'and purpose as If the rights hereingranted had been acquired under Eminent • Domain statutes_of the State of Washington: : .- • That portion of the following described Porde! "A" lying southeasterly of a line parallel with ' and 30 feet northwesterly from the TR.Line Survey of SR 90,Spokane to Greenacres. tfI i I'IPARCEL"A"s ... • • . ":�.yLots 2; 3, 4, 5 and 6 lying northerly of the property line of Broadway Avenue, as, -`r •establlshed on April 20, 1955, and Lots 17 and 18; all in Block '3-of PIPER'S -- ,SUBDIVISION OF BLOCK:i 3. OF'EAST SPOKANE,•as per plat thereof recorded-in ' • -°_ Volume"M"of Plats,page 7;TOGETHER WITH the vacated alley adjoining said lots by .''•1.1_conveyed.to the State of Washingtonfor highway 9 YPur opergtion of law; EXCEPT the East 10 feet of said Lot i8; AND EXCEPT that portion ' : / { hi I. purposes;' • • .. • :•• , ' tots 13 and' 14 in Block 3 ,of PIPER'S SUBDIVISION OF BLOCK-13 -OF EAST 'SPOKANE, as per plat thereof recorded in Volume"M" of Plats, page 7; TOGETHER - WITH that part of the North half of the vacated alley lying South of and adjoining Lot • 13; - Lots 15 and 16 •in Block.:3 of PIPER'S SUBDIVISION OF BLOCK 13 OF' EAST - - SPOKANE, as per plat thereof recorded in Volume"M" of Plats,-page 7; TOGETHER WITH the North 7 feet of vacated alley adjoining said lots on-the South. •- - •Also;:the grantors-herein:convey,and grant:to the State of Washington all rights of.ingress • - • and egress.(including-all existing; future or potential easements of access, light,•view and • - air):to, from and between SR 90,Spokane to Greenacres arid the remainder of said Parcel ' "A,':except•that the grantors'reserve for themselves their heirs,successors or assigns;the ' right of reasonable aceess to the"B".line connection of said Highway at•Highway Engineer's '. -Station B6+40:Lt.; --'• • • . - - • ' •'AND ALSO,•lt is understood and agreed that the State shall construct on its right of-way an - • --OFF and ON*approach not to exceed 30.feet.in width for the'use:necessary•to the normal ' ..operation of�a.commercial.establishment at or near Highway-Engineer's Station B6+40 Lt,on•. •the"B"line.Connection of said highway and to which off and•on approach only, the grantors, - -. • their heirs,successors'or assigns, reserve.a right of'reasonable access for that purpose only,•• -- which APPROACH shall be maintained between the-right'of-way line-and the shoulder:line ' ' • 'of said (hi-gliway;'frontage service road, "B" Line af-said.•highway) by the grantors, their, 'heirs,successors-or-assigns. : ' - • 'The:grantor-herein further.-grants to the State.of Washington, or ts agents, the right to' • enter-upon the`grantor's remaining lands where necessaryto construct,said approach.% ...The lands being herein conveyed contain an area.of 4,3604 ft., more or less,the specific' • • details concerning all of-which are to be found within that-certain map of-definite location now -of record'and on file In the office:of'the Secretary of Transportation at Olympia, Washington'and:bearing date of approval April 21,•1953;revised-,. • •••• : •• , : - Y4 L.•:X60. PACE, I-) ... ' 11 1s understood and agreed that the delivery of this deed Is hereby tendered and that the terms and obligations hereof shall not become binding upon the State of Washington unless and until accepted and - approved hereon hi writing for the Washington State Department of Transportation, by its Secretary or his • duly authorized representative. .. ' Accepted and approved ./1.1,4 t li t r 4.5 .9Ah y' f Sulo 1985 late h!s da o �.t....,.,,. r lid . 'rillpTC1 STM tc L. Y'�tlsla (•�'1+../0-'ii / ' DEPC.17.4. ...17. - .,? SPO' A ON j ! 1 By ,rte• . .4;" .' o moral ou A.1 1 ., . Title; sumprosin ovWAY A,VA7 /j...t►. Tab bouglierty (Individual acknowletim ent form.) lif.4 41, 4- Y . a •i . Diana R. Dougherty i �' • STATE OF WASHINGTON, 4' 55. • County of,...S,pokcant ' L the undersigned,a notary public in and for the State of Washington,hereby certify that on this 9,th.. day of,...,xu1.lo.,.l9.a 5 . personally appeared before me ,..T dcki, ,J,....,4r.nAlptp, Tamara L, Dougherty, Tab Dougherty, and ....:.......:.... f(.J,t?ao..g,, Dclug.�? r'�,y .4.,1,„,...„.• • tF:5,,,,ti;.., to me known to be the individual 4: described in and who executed the foregoing Gi3tf rnent7and tlC=, knowledged that they signed and scaled the same as ...tht;.i,r free`;ptit;.i. ";1-�r�r'„^t tf� and deed,.for the uses and purposes therein mentioned. �r Given under my hand and official seal ti"day and year la t above written. ..'17 "'•,Y` '+e_'. Notary Public In and for h State of Mnhtngtort Residing at....S.pOkrale (Corporation acknowledgment form) STATE OF WASHINGTON, ' ': ' &s: : County of . On this •- day of " before me personally appeare% • . ,, - and . to me known to be the . and . • of the corporation,that executed the foregoing'instruntent,-and acknowledged said Instrument to be the • free and voluntary act and deed of said corporation,for the uses and purposes therein mentioned, and on oath stated that - authorized to execute said instrument and that the seal.affixed is the corporate seal.of said corporation. . ' Given under my hand and official seal the day and year last above written. • - • V. . Notary Atbllc In and for the State of W.:thtngton, . Restdtngat - •• cn 7 . u ' _ P • Ai,/ UEc ,` . . !JESTo,TortllN51/�,TE(IC In."' . U . 0 ¢»lM p,, z • i W :. -AO 13 8" RI! '85:. .- co ° • • `a 7, x ... . FYIL LLiti E.OO�IAIiUE... l7'� . i a. . .. .. ti g I- p . z , • AUDITOR l� . to ..i u, rx r ul :BPOKMIE CbUitil'Y.WASH:: ti o ► '. ;. ( imc? N ( No Y q 0 N 41 N W YN . � �, u. Oft $40S11ctr1Tr' Li,. CI JUrner,.Mk u3 2 iQn. 0 CC Q ur H s ccu. X O O I' Z 1 I 1 Scale I"c 5O '- y" MALL ON c3....44,^ AVE. `fie 5 83-aa'01"E QRS I Mac aH Used 15410 237.57 1 i J/ 1. 15.3 i'lz.r:b...-L1 E ( `tII I .t5. ,Mp...,.5.0 n ee as•}�oo" III i M� 3o. Ra 26o-Oo' 1 , '�' T• Io5.52' I 1_ ;c_'1 i tt 1£ i3 i4 I5 1,S; 1 11 nl i_� i9s.lo 1 k, i t Sa+P,.R.Sp.I:. ' Cl i. ' i `' 3.90'. nd ce.. Uhq il ) _Lx1 ' L " n1 .7 J ' C.uW.o.OH.Mon wd$,cop par w,ea_ a�,=j ---z_L --1---- "'---.,f' ate "' SURVEYORS CERTIFICATE — ,r• - L j N O I �C .•~ I — N n'r?J r r7 ... i Na,' �� This map correctly repreaerrts a survey. made by me -5.f P.R.501 k., , '^, r- i ..7-. PRaaeR.TY Ural /' n or under my direction in confer.mance.with the I j ., s= .7.OT54- ii n?" reer.urrone.at5 of 1-he Survey Recording Act at the. I / r! I s ..' en R c 75.00 n I y i T, 49.7e, 3o; request of Tab Daughert,`c;[ P .d x a..5.a......-i 4.1 IL+ 1 ^1../...,./....7:. . 1 I ! I 1.0 d. 3o'oO do- :-.;:114" r- ;' I �' u�rl i t 1 g R=25o.0o c �7 C.i'y .f$ 00.12 I ?G.02 52..501 /4i ,I µe5 LE CIle ., Foond',an 50fawut Y.� , Cut X an std.. o - L� 130.90, ‘'r, af5r _BROADW Y' AVE. _' pi _ h P.E. r4; 509'ai Za'0 S9 4y 0 PROPERTY DESCRIPTION Id �AI I that part of Lots Z,3,45 and 6 tying Northerly of the present Northerly line Fof Broadway Avenue;all of Lots 13,1415,16+and ti i and that part of Lo+IS lyingNortherly of the.pr'esott Northerly line.of&wdwodAvenueE(CEPT the East10feet thereof conveyed-to the State of Washington;all in Block 3 of Piper's Subdivision of Block 13 of East Spokane,according to plat recordedirk Volume Mro+Plato.,paga7, S POKANE DIESEL I NC. in Spokane County,Washington; PROPERTY SURVEY IN THE Together with that portion of vacated all in said S7dk3 lying between soil lads and.lying W I/2 OF SEC.13,T25 N.,R 43 E.W.M. Westerly of The.Northerly lineof C,roedwalyAerive,winch attaches by operation of taw; SPOKANE COUNTY, WASHINGTON EXCEPTING from all of theabova land that on conveyed+otkaStateof Washington CLARENCE E.NNESIMPROAD N ENGINEERS,INC. G IN.909 ARGONNE RPH:926-1322 for SR 90,Spokane-to Oreeetacres,by Deed retarded Augast13,1555 as Auditor's SPOKANE,WASHINGTON 99212 No, 8508130033. DRAWN 811' C.E.S. ;voles) 0.,03001 01. o.A.,u:0, CttECK£D BY: 12150 I nC i . U3/o: I ♦ I0 • _ - .11 \ `'I'1 j1 ,� 11r• .` ice` NI/2 Sec.13 ,_ ..-r-. ,-. "* ff ,.. , , , .,a Z -, 7.."--....,%...,.-,_.; f 35N..RNG 43 G.IV.M 3 Off. ® _ ® li ,,'. . 'I o'� - _ �- _.. 4_-..,... ._. • n., • ` 57. \�\• ,., �• fit. ii ..°-.....Ir ..,J.:::: ,4: NS' 7 i.v::,..._ i 1,, :_.1.,.. . ,,,,,_, 2..., . 4,7 . J.- , , 7 . . . - 411 ., 1=1 Vow.In.*limn.* 0 11111.son Ir.. �..- 7 n53 porn(P.m) 4 1......;..;.1.. 1 . a I ..,.. I- ,.�i�ii „ .� ' - b 11••...••;••• ,mMNl1'n 4. 4L: 1- 1 `•-•••• \ . ,477 x r // ,1:!'.' .-. , e 1' 2'• 1 ° pip III Pi ,•. ;-'' M<`., rig nil:. • , .... - -\\._.....„..,,..,, . Z 15 • _ ..'.j,. 4 tea,. y• `.>o M�= �e OMNI ..,.«.......- ._ :""*r.......,.........".....„117......L......"-""...............l. `..",-'`Y�". • To �l;. tpokan•county LEGAL DESCRIPTION RIGHT-OF-WAY, PORTION I A parcel of land within the Southwest Quarter of Section 13, Township 25 North, Range 43 East, Willamette Meridian, Spokane County, Washington, said parcel being a portion of Lot 6 and the West 27 feet of Lot 5, together with the south half of the vacated alley lying adjacent and contiguous to said lots in Block 3 of Piper's Subdivision of Block 13 of East Spokane, Book M of Plats, Page 7, records of Spokane County, said parcel being a portion of the land described as "shown hachured on Exhibit"A"" of Quitclaim Deed, Book 774 of Deeds, Page 1267, Instrument 8509230166, Recorded 09/23/1985, said parcel being more particularly described as follows: Commencing at the Northwest Corner of Parcel B as shown on the Record of Survey, Recorded in Book 71 of Surveys, Page 78, Records of Spokane County, Washington; Thence S0°30'37"W along the West Line of said Parcel B, a distance of 184.25 feet to the Northerly Right-of-Way Line of the W/E Line as shown on Sheet 23 of 25 of SR90, Spokane to Greenacres,Washington State Department of Transportation, Right-of-Way plans, Approved April 21, 1953; Thence along said Northerly Right-of-Way Line, along a non-tangent curve to the right, the center of said curve bears N22°18'08"W, with a Radius of 439.00 feet, a Delta Angle of 9°29'04", an Arc Length of 72.67 feet, and a Chord of 572°2624"W, 72.59 feet to the West Line of said Lot 6 and the Point of Beginning; Thence continuing along said Northerly Right-of-Way Line, along a tangent curve to the right, with a Radius of 439.00 feet, a Delta Angle of 5°25'20", an Arc Length of 41.54 feet, and a Chord of S79°53'35"W, 41.53 feet to the Northerly Right-of-Way Line of the B Line as shown on Sheet 23 of 25 of SR90, Spokane to Greenacres, Washington State Department of Transportation, Right- of-Way plans, Approved April 21, 1953 Thence along said Northerly Right-of-Way, S88°44'24E, a distance of 40.82 feet to the West Line of said Lot 6; Thence N0°30'37"E along said West Line, a distance of 8.19 to the Point of Beginning. Containing 153 Square Feet of land more or less. rw, m..ow , +, 0 i N.LA S' 0\ N "fi'49 iti Ac :. t, ° 400 fr ' ' c,. * -e, 48373 ��' f. QT4>0 ,, f0 4L LA VS t , ` r k RIGHT-OF-WAY EXHIBIT A PORTION OF BLOCK 3, PIPER'S SUBDIVISION OF BLOCK 13 OF EAST SPOKANE, BOOK M OF PLATS, PAGE 7, SECTION 13, TOWNSHIP 25 NORTH, RANGE 43 EAST, W.M., SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON NORTHWEST CORNER OF _ _ _PARCEL B I- T _ _ , IAPN 35132.1310 / / APN 35132.1308 (APN 35132.1320 ( I / 4PP� NORTHERLY RIGHT—OF—WAY I I / LINE OF THE W/E LINE ,-- WESTERLY RIGHT—OF—WAY '/ LINE OF THE TR LINE -BROADWAY AVENUE _ NORTHERLY RIGHT—OF—WAY LINE OF THE B LINE HACHURED AREA AS SHOWN ON QUITCLAIM DEED, BOOK 774, PAGE 1267 .C.4, x S5 i$ �� ;�,� k N:ti -O 1 yrs, 1f ' -"Ash, Q 0 48373 "� " �s '� rrsrt E e� SL /Qy�f5'�`AL Lt� 9 z `' ° e ' x L., 0, 'O O storhaug RIGHT-OF-WAY EXHIBIT J VACATED RIGHT OF WAY,BROADWAY AND THIERMAN civil engineering I planning m landscape architecture surveying SPOKANE VALLEY,WA. 510 east third avenue I Spokane,washington 99202 DRAWN TAC DATE 04/22/2019 EXHIBIT 1 p509.242.1000 f 509.242.1001 CHECKED TAC SCALE 1" = 100' PROJECT 18-205 1 LEGAL DESCRIPTION RIGHT-OF-WAY,PORTION 2 A parcel of land within the Southwest Quarter of Section 13, Township 25 North, Range 43 East, Willamette Meridian, Spokane County, Washington, said parcel being a portion of Lot 6 and the West 27 feet of Lot 5, together with the south half of the vacated alley lying adjacent and contiguous to said lots in Block 3 of Piper's Subdivision of Block 13 of East Spokane, Book M of Plats, Page 7, records of Spokane County, said parcel being a portion of the land described as "shown hachured on Exhibit"A"" of Quitclaim Deed, Book 774 of Deeds, Page 1267, Instrument 8509230166, Recorded 09/23/1985, said parcel being more particularly described as follows: Commencing at the Northwest Corner of Parcel B as shown on the Record of Survey, Recorded in Book 71 of Surveys, Page 78, Records of Spokane County, Washington; Thence S0°30'37"W along the West Line of said Parcel B, a distance of 184.25 feet to the Northerly Right-of-Way Line of the W/E Line as shown on Sheet 23 of 25 of SR90, Spokane to Greenacres, Washington State Department of Transportation, Right-of-Way plans, Approved April 21, 1953 and the Point of Beginning; Thence along said Northerly Right-of-Way Line, along a non-tangent curve to the right, the center of said curve bears N22°18'08"W, with a Radius of 439.00 feet, a Delta Angle of 9°29'04", an Arc Length of 72.67 feet, and a Chord of S72°26'24"W, 72.59 feet to the West Line of said Lot 6; Thence S0°30'37"W along the West Line of said Lot 6, a distance of 8.19 feet to the Northerly Right-of-Way Line of the B Line as shown on Sheet 23 of 25 of SR90, Spokane to Greenacres, Washington State Department of Transportation, Right-of-Way plans, Approved April 21, 1953 Thence along said Northerly Right-of-Way the following 2 courses: 1. S88°44'24E, a distance of 52.51 feet; 2. Along a Tangent curve to the left with a Radius of 75.00 feet, a Delta of 12°41'44", an Arc Length of 16.62 feet, and Chord of N84°54'44"E, 16.58 feet to the West Line of said Parcel B; Thence N0°30'37"E along said West Line, a distance of 29.77 to the Point of Beginning. Containing 1,290 Square Feet of land more or less. IP �1 \\ 1 S/,eii Tahhil%".. .4, 11/4 70 i 0 'CI\ G � L' ��,� ISTER _,,,NS- - 'kr LLA as #tN 11i t X c RIGHT-OF-WAY EXHIBIT A PORTION OF BLOCK 3, PIPER'S SUBDIVISION OF BLOCK 13 OF EAST SPOKANE, BOOK M OF PLATS, PAGE 7, SECTION 13, TOWNSHIP 25 NORTH, RANGE 43 EAST, W.M., SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON NORTHWEST CORNER OF PARCEL B r__ _ _ _ _/_ _ J IAPN 35132.1310 / / APN 35132.1308 OPO IAPN 35132.1320 I I / Q` PI �� NORTHERLY RIGHT—OF—WAY / LINE OF THE WJE LINE --------- '��^� •` WESTERLY RIGHT—OF—WAY LINE OF THE TR LINE -BROADWAY AVENUE _ NORTHERLY RIGHT—OF—WAY LINE OF THE B LINE ..:,i HACHURED AREA AS SHOWN ON QUITCLAIM DEED, BOOK 774, PAGE 1267 G, R t N t �t `fit 1/f, . �.m� tr• le '' ' .. ..� 1 1 a i 483"3 ti , ili d1 t:GIS1,. .��' `' % ��rALLA`�S j X W 0 3 v OB RIGHT-OF-WAY EXHIBIT W VACATED RIGHT OF WAY,BROADWAY AND THIERMAN ul cMi engineering planning 2 landscape architecture surveying03 SPOKANE VALLEY,WA. 510 east third avenue I spokane,washington 99202 DRAWN TAC DATE 04/22/2019 EXHIBIT 1 p 509.242.1000 f 509.242.1001 CHECKED TAC SCALE 1" = 100' PROJECT 18-205 ,,1 LEGAL DESCRIPTION RIGHT-OF-WAY, PORTION 3 A parcel of land within the Southwest Quarter of Section 13, Township 25 North, Range 43 East, Willamette Meridian, Spokane County, Washington, said parcel being a portion of Lots 2, 3, 4, and 5, except the West 27 feet of said Lot 5, together with the south half of the vacated alley lying adjacent and contiguous to said lots in Block 3 of Piper's Subdivision of Block 13 of East Spokane, Book M of Plats, Page 7, records of.Spokane County, said parcel being a portion of the land described as "shown hachured on Exhibit"A"" of Quitclaim Deed, Book 774 of Deeds, Page 1267, Instrument 8509230166, Recorded 09/23/1985, said parcel being more particularly described as follows: Commencing at the Northwest Corner of Parcel B as shown on the Record of Survey, Recorded in Book 71 of Surveys, Page 78, Records of Spokane County, Washington; Thence S0°30'37"W along the West Line of said Parcel B, a distance of 184.25 feet to the Northerly Right-of-Way Line of the W/E Line as shown on Sheet 23 of 25 of SR90, Spokane to Greenacres, Washington State Department of Transportation, Right-of-Way plans, Approved April 21, 1953 and the Point of Beginning; Thence along said Northerly Right-of-Way Line, along a non-tangent curve to the left, the center of said curve bears N22°18'08"W, with a Radius of 439.00 feet, a Delta Angle of 9°09'06", an Arc Length of 70.12 feet, and a Chord of N63°07'19"E, 70.04 feet to the Westerly Right-of-Way of Thierman Road, the centerline of which is shown as TR Line on said Sheet 23 of 25; Thence along said Westerly Right-of-Way the following 2 courses: 1. Along a non-tangent curve to the left with a Radius of 280.00 feet, a Delta of 4°14'32", an Arc Length of 20.73 feet, and a Chord of S26.15'09"W, 20.73 feet to a Point of Reverse curvature; 2. Along a Tangent curve to the right with a Radius of 75.00 feet, a Delta of 54°25'53", an Arc Length of 71.25 feet, and Chord of S51°20'56"W, 68.60 feet to the West Line of said Parcel B; Thence N0°30'37"E along said West Line, a distance of 29.77 to the Point of Beginning. Containing 1,543 Square Feet of land more or less. fi�r�fi.7xrtII c;, '�. w4 g' %,�, N. k 48373 v k _o q, -G!S1 f L .\§,-"6.ate ,0 ,S I-L A v "!� t1 i RIGHT -OF-WAY EXHIBIT A PORTION OF BLOCK 3, PIPER'S SUBDIVISION OF BLOCK 13 OF EAST SPOKANE, BOOK M OF PLATS, PAGE 7, SECTION 13, TOWNSHIP 25 NORTH, RANGE 43 EAST, W.M., SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON NORTHWEST CORNER OF PARCEL B _ _ i T / / APN 35132.1310 / / APN 35132.1308 � APN 35132.1320 I / L\ / , 4-C) /- � I / /i NORTHERLY RIGHT—OF—WAY I / LINE OF THE W/E LINE I ` WESTERLY RIGHT—OF—WAY LINE OF THE TR LINE -BROADWAY AVENUE _ NORTHERLY RIGHT—OF—WAY—/ LINE OF THE B LINE HACHURED AREA AS SHOWN ON QUITCLAIM DEED, BOOK 774, PAGE 1267 �t7.astrrfrlyd:rn+" . :, t N1 N. .CAS, .�g- ,fie 1 NiLii O . :Ilk ,t y 483"3'`, <°4, ,n ' `�RLLA*;Da 14 _ 't.`c X W m 13_I storhaug RIGHT-OF-WAY EXHIBIT w delengineerii I planning RIGHT OF WAY,BROADWAY AND THIERMAN mlandscape architecture surveyingSPOKANE VALLEY,WA. 510 east third avenue I spokane,washington 99202 DRAWN TAC DATE 04/22/2019 EXHIBIT 1 p 509.242.1000 f 509.242.1001 CHECKED TAC SCALE 1" = 100' PROJECT 18-205 1 � s v I a a Ctemal azD u,I" !I a rJ 11 '�, �� � a ;li _ a ,• " - 11 -' - _ "a _r ._ ,ti ' _ Dice= _ , . '1aI C1.111,111.call Ili e+ - I .iaV :lj I'L ■ 1 ,i SII I MP Ir._• QL'1'�Ii1t;3'A— — s� v_ r i •''MINN'i' "R■- u I r ' ? a . = ie` I Pd _ It i".,4 o..--.. - II�.. I P .. _ _ 3. "Y 111111 ,3 1/1DEttagazo ,,,iii. _ " rt. ro '- Ave a j , a Vacation Location s - J J — _—_— - alCill o - 1,i11ti CI '- r de .. . a}gyp — — ,P- MR „ I- I QtrtICIOZ at? II..- f1 III � IlkID 1\ NI 1 NTS, EXhIBIT 4 " 1n' e Community & Public Works Department .jValley Building& Planning Division NOTICE OF PUBLIC HEARING THE SPOKANE VALLEY COMMUNITY AND PUBLIC WORKS DEPARTMENT IS SENDING THIS NOTICE OF PUBLIC HEARING TO ALL PETITIONERS(IF ANY)AND ALL OWNERS OF PROPERTY ABUTTING THE STREET PROPOSED TO BE VACATED BASED ON THE MOST CURRENT RECORDS FROM THE SPOKANE COUNTY ASSESSOR'S OR TREASURER'S OFFICE. YOU ARE HEREBY NOTIFIED THAT A PUBLIC HEARING WILL BE HELD ON THE LAND USE APPLICATION LISTED BELOW: HEARING DATE: July 25,2019 at 6:00 p.m. HEARING LOCATION: Spokane Valley City Council Chambers, City Hall, 10210 East Sprague Avenue; Spokane Valley, WA 99206. REVIEW AUTHORITY: Spokane Valley Planning Commission STAFF: STAFF CONTACT: Karen Kendall, Planner; (509) 720-5026; kkendall@spokanevalley.org FILE NUMBER: STV-2019-0003 DESCRIPTION OF PROPOSAL: Privately initiated street vacation request to vacate approximately 2,987 square feet of improved right-of-way on the northwest corner of Broadway Avenue and Thierman Road. LOCATION OF PROPOSAL:The right-of-way proposed to be vacated is located on the northwest corner of Broadway Avenue and Thierman Road and adjacent to three parcels(35132.1320,35132.1308 and 35132.1310), further located in the SE quarter of the NW quarter of Section 13,Township 25 North, Range 43 East, Willamette Meridian, Spokane Valley, Washington APPLICANT: Liam Taylor, Storhaug Engineering, Inc., 510 East 3rd Avenue, Spokane, WA 99202 OWNER 1: Grant Person,4128 South Bowdish Road, Spokane Valley, WA 99206 OWNER 1: Sonrise Land and Pomajevich Investments, 2104 East Cherry Tree Lane, Spokane, WA 99203 OWNER 2: Char-Don& Associates, 150 West Pinon Drive,Green Valley,AZ 85614 OWNER 3: DKelly Developments, LLC, 10126 South Hangman Valley Road, Spokane, WA 99224 ENVIRONMENTAL DETERMINATION: The Planning Division has reviewed the proposal/project and has determined that the project is categorically exempt pursuant to WAC 197-11-800 and City of Spokane Valley Municipal Code (SVMC);Title 21 (Environmental Controls) from environmental review under the provisions of the State Environmental Policy Act(SEPA). APPROVAL CRITERIA: Section 22.140 (Street Vacations)of the City of Spokane Valley Municipal Code(SVMC), Title 21 (Environmental Controls)of the City of Spokane Valley Municipal Code;the City of Spokane Valley Street Standards;the Regional Stormwater Manual; and the Spokane Regional Health District regulations. HEARING PROCESS: The Planning Commission holds the public hearing to receive comments and forwards a recommendation to the City Council for an ordinance adoption. STAFF REPORT AND INSPECTION OF FILE: A staff report will be available for inspection seven (7)calendar days before the hearing. The staff report and application file.may be inspected at City of Spokane Valley City. Hall, 10210 East Sprague Avenue, between 8:00 am and 5:00 pm, Monday-Friday,excluding holidays. Copies of documents will be made available at a reasonable cost. Send written comments to the City of Spokane Valley Department of Community and Public Works, 10210 East Sprague Avenue, Spokane Valley, WA 99206; Attn: Karen Kendall, File No. STV-2019-0003. SPECIAL ASSISTANCE: Individuals planning to attend the meeting who require special assistance to accommodate physical, hearing, or other impairments, please contact the City Clerk at(509)720-5102 as soon as possible so that arrangements may be made. SPOKANE VALLEY PLANNING COMMISSION Public Hearing for Street Vacation July 25,2019,6:00 p.m. The City of Spokane Valley Planning Commission is scheduled to hold a public hearing on July 25,2019 at City Hall 10210 East Sprague Avenue,at 6:00 p.m.,to receive public testimony on the following proposal. FILE NUMBER: STV-2019-0003 DESCRIPTION OF PROPOSAL: Privately initiated street vacation request to vacate approximately 2,987 square feet of improved right-of-way on the northwest corner of Broadway Avenue and Thierman Road. LOCATION OF PROPOSAL:The right-of-way proposed to be vacated is located on the northwest corner of Broadway Avenue and Thierman Road and adjacent to three parcels(35132.1320,35132.1308 and 35132.1310),further located in the SE quarter of the NW quarter of Section 13,Township 25 North,Range 43 East, Willamette Meridian, Spokane Valley, Washington. APPLICANT:Liam Taylor, Storhaug Engineering,Inc.,510 East 3'Avenue, Spokane, WA 99202 OWNER 1: Grant Person,4128 South Bowdish Road, Spokane Valley,WA 99206 OWNER 1: Sonrise Land and Pomajevich Investments,2104 East Cherry Tree Lane, Spokane,WA 99203-5019 OWNER 2: Char-Don&Associates, 150 West Pinon Drive,Green Valley,AZ 85614 OWNER 3: DKelly Developments,LLC, 10126 South Hangman Valley Road, Spokane, WA 99224 ENVIRONMENTAL DETERMINATION: The Planning Division has reviewed the proposal/project and has determined that the project is categorically exempt pursuant to WAC 197-11-800 and City of Spokane Valley Municipal Code (SVMC),Title 21 (Environmental Controls) from environmental review under the provisions of the State Environmental Policy Act(SEPA). APPROVAL CRITERIA: Section 22.140(Street Vacations)of the City of Spokane Valley Municipal Code(SVMC); Title 21 (Environmental Controls)of the City of Spokane Valley Municipal Code;the City of Spokane Valley Street Standards;the Regional Stormwater Manual;and the Spokane Regional Health District regulations. HEARING PROCESS: The Planning Commission holds the public hearing to receive comments and forwards a recommendation to the City Council for an ordinance adoption. STAFF REPORT AND INSPECTION OF FILE: A staff report will be available for inspection seven(7)calendar days before the hearing. The staff report and application file may be inspected at City of Spokane Valley City Hall, 10210 East Sprague Avenue,between 8:00 am and 5:00 pm,Monday-Friday,excluding holidays.Copies of documents will be made available at a reasonable cost. Send written comments to the City of Spokane Valley Department of Community and Public Works, 10210 East Sprague Avenue,Spokane Valley,WA 99206; Attn: Karen Kendall,File No. STV-2019-0003. SPECIAL ASSISTANCE: Individuals planning to attend the meeting who require special assistance to accommodate physical,hearing,or other impairments,please contact the City Clerk at(509)720-5102 as soon as possible so that arrangements may be made. STAFF CONTACT: Karen Kendall,Planner;(509)720-5026;kkendall@spokanevalley.org. Christine Bainbridge, Spokane Valley City Clerk PUBLISH: 7-5-19 and 7-12-19 SUPERIOR COURT of WASIIINGTON for SPOKANE COUNTY In the Matter of AFFIDAVIT ofPUB1.ICATION Spokane Valley Planning Commission Public Hearing for Street Vacation I July 25.2019 NO. File Number: STY-2019-0003 LEGAL NOTICE STATE of WASHINGTON County of Spokane MICHAEL IIUFF?.IAN being first duly sworn on oath deposes and stn's that he is the EDITOR of the Spokane Valley News !Jerald.a weekly newspaper.Thai said newspaper is a legal newspaper and it is row and has hen for more titan six months prior to the date of publication hereinafter relirrred to.published in the English ianguage continualit..0 a weekly newspaper in Spokane County.Washington.and it.is now and during all of said time was printed in an once maintained at the aforesaid place of publication of said newspaper.which:rid newspaper had been approved as a legal newspaper by order of the Superior Court of the State of Washington in and for Spokane Count). Dun the following is a true copy of a Legal Notice as it was published in regular issues commencing on the 5th day of July,2019.and ending on die 12th day of July.2019.all dates inclusive.and that such newspaper was rrgularl2 distributed to its subscribers during all of said period: SPOKANE VALLEY PLAIiiNO COMMISSION Public Hearing for Street Vacation 2 Joy s scheduled Vit run The Cly of Spokane Valley Planning Commission i5 srdlehUcd to held a prang tearing on July 25.2019 atCity Half 10210 East Sprague Avenue,at 6:10 pm..to _ recce punk testimony on are foaming St 1S('RIli- ...SWORN to before to e PrIPoS . FILE NUMBFA:STV-20/40003 • This 12th ay Of July-2019 DESCRIPTION OF PROPOSAL:Pr0nrely mated street vacation requestvallate State of Washington approximately 2,987 square Wet ol im• promo dght.ca-w yon thenorthoearcorner Counts oiSpokaune of Broadway Avenue and Thierman Read. LOCATION OF PROPOSAL:The rpht-W- may proposed to be vacated is looted on 01111111! I certify that I as: (35132 1320,udmeacenitw6,u.I...est comer of Broadway a \\s.%`-„c�li�"iMichael lluffmanriiitthe rperson who lime lappeardry lbefore tmc. 35132.1310)-further located n lleSEquer�,*sr.' F 4y and said person acknowledged that he signed this ler of he NW Waver of Secaon 13.Town-, +Tqq 'j'. ship 25 North.Range 43 Fast.vyianene y s instrument and acknowledged it to be his free and ppn,Spokane vale",WonPLlCANT:Mani Taylor,&0r4mp En- a Illy Court Enka't — voluntary act for the uses and purposes mentioned in the einem mg, no.,510 East 3rd Avonue. may 15 202.3 = Spokane.IYA99202 i iltvlru rot. OWNER 1:Grant Person,4129 South(f� ROZA7I.Y `2` Bowe,sh Head,Spokane Valley,WA 5, OW ER 1:Sonoma land and PmrMoch j"vC �B` C' ,.- ImmSpokan�WA 199a20c^15�t0 Cherry Tree Lane. �I`QF WAS�\�\\\\ Jolene Rale 14 1z OWNER 2:Char-Dan P.Associates. "111!1,11 111\0\ 111 .11IIC:Nu�"l tlIt.i� 150 West Pine°Dula,Green Vasey.AZ OWNER 3:DKeay Developments.11C. My appointment empires:05-16-2023 j,(74. OO 10126 Soon Hangman VaMay Road Spa IkA 99224 ENVIRONMENTAL l s k n has reviewed The Planning Division has reviewed the proposailarVlecl and las detemined that 1 e prJ_CI F:alegaiudly exempt pursuant V`AC 197-11-600 and Cry ol Spokane al/ay Municipal Code(SYNC),rete 21 (Enwkomle Sal Controls)kom emecnmen- tal renew under tie EmironmentalPprovisions AAolicyrt(SEPA). Slav APPROVAL.CRITERIA:.Sectal 22.140 (Street Vacelcns)o1 the City of Spokane Va0ayMleicpel Code(SVMC);1610 21(En, vironmemaa Cone-0100f theCayol Spokane Valley Municipal Code;the Cty of Spokane Valley Street Standards:the Regional Slrnnaater Manual:and the Spokane Re- gional Health District regulations. HFARINGPBOCESS:ThepneaengCom- missain bodes to phallic hearng tq jeceive comments and lorwerds a recommenda- tion to the Cay Coukd for an ondinercc n STAFF REPORT AND INSPECTION OF FILE: A stat repel wi be available lor k6pecaun seven(7)calendar days below the hearing.The sane report and appo a lie may be impacted at City at Spokkanene Valley City Hall.10210 East Sprague Avenue.between 6:00 ern and 5:00 pm, Monday.Friday.excludi g hoWays.Copes cf documents wi be made evadable at a reasonable cost.Send written comments to the City al Spokane Valley Department of Community and Public Works.10210 East Sprague Avenue.Spokane Valley, WA 9£12136; Mtn:Karen Kendall,Fie No.STY-2019- °033. SPECIAL.ASSISTANCE: Individuals planting to attend the meeting who require special assistance to accommodate Rhys. cal.hearing,on other impairments.Please contact the City Clerk et(5051 720-5102 as soon as passible ao that arrangements may be.rude. STAFF CONTACT:Kallen Kendar,Planner, (509)720.5026;Mandela spokenaval- l-ed. Chritine Bales Gay Clerk Clerk PUS Spokane and 7-12-19 AFFIDAVIT OF MAILING Spokane Valley 10210 E Sprague Avenue • Spokane Valley WA 99206 Phone: (509)720-5240 •Fax:(509)720-5075 •permitcenter@sookanevallev.org FILE NO. 95-1\k- i/V j 61— pat-) STATE OF WASHINGTON CITY OF SPOKANE VALLEY )SS: T101-31M , being first duly sworn, deposes and says: At all times mentioned herein I was, and now am, a citizen of the United States of America and over the age of eighteen years. On the I u) day of 61,(,t7( , 20 ii , I personally deposited in the United States mail at cArf of Se0 Wri-LtA C:j1-1, tit1tU with sufficient postage prepaid, a true and correct copy of the NOTICE OF APPLICATION, a copy of which is attached hereto and incorporated herein by reference to the applicant, any governmental agency entitled to notice, any person filing a written request for a copy of the notice of application or the final decision and any person who provided substantive written comments on the application during the public comment period and provided a mailing address. Signature of City Staff Atit Date tLY IR `�otq caLh Signed and sworn to before me this I U day of \)LL , 20 19 . Notary Public Public State of Washington = /111 'I DEANNA HORTON = NOT• 'Y PUBLIC IN AND FOR THE STATE OF WASHINGTON MY COMMISSION EXPIRES = ,,/ _ JULY 26,2021 Residing at: / ro,a� 664DIIIIIIIIIIIIIIIIIIIIIIIIINIHIIIIIIIIIIIIII�I (J My appointment expires: 7—J6 799 PL-29 V1.0 Page 1 of 1 yeti��� AFFIDAVIT OF POSTING Spokane SVMC 17.80 j.. Valley 10210 E Sprague Avenue ♦ Spokane Valley WA 99206 Phone: (509)720-5240 1 Fax:(509)720-5075 ♦permitcenter(a,spokanevallev.org Applicant to complete and sign before a Notary and return to the Permit Center. FILE NO. ` Z1q_c..6 STATE OF WASHINGTON ) ) SS: CITY OF SPOKANE VALLEY afeA'� 140R,d(Av , being first duly sworn, deposes and says: At all times mentioned herein I was, and now am, a citizen of the United States of America and over the age of eighteen years. On the 10 day of '.)-1,1/4--U1 , 201'l, I personally posted a sign(s) as required in the City of Spkane Valley Municipal Code (SVMC) 17.80 Permit Processing Procedures, atNe4v-e- 2 followinglocation(s) in the City Spo}cane Valley: its) \,''e v\ `rAc )a cu /i4jetid , og re of Applicant or Agent 1—ID- I el — Date Signed and sworn to before me this i day of ,NAL( , 201 Notary liceWI ' State of Washington E Aa. / /�� NOTARY 'UBLIC IN AND FOR THE STATE OF = DEANNA NORTON = WASHING eN MY COMMISSION EXPIRES = S JULY 26.2021 a1111111111II1I111111Illllll111I1111111l1N11 , Residing at: tel. vai /�'y�n, c�G My appointment expires: -1" - /9 PL-31 V1.0 Page 1 of 1 Karen Kendall From: Patty Bischoff Sent: Wednesday,July 10, 2019 2:21 PM To: Karen Kendall Subject: RE: Please post notice of public hearing for City of Spokane Valley on 7-10-19 Hi Karen. Sure! Enjoy your day! Patty Bischoff I Administrative Assistant Spokane Valley Parks and Recreation 2426 N. Discovery Place Spokane Valley,WA 99216 P: (509) 720-5401 I F: (509)720-5250 pbischoff@spokanevalley.org Spokane e ` CENT- ' }L\CE. 4 iu tJON.h[ IV!NI CIXII.is This email and any attachments may be subject to disclosure pursuant to Washington State's Public Record Act, chapter 42.56 RCW. From: Karen Kendall<kkendall@spokanevalley.org> Sent:Wednesday,July 10, 2019 1:30 PM To: Patty Bischoff<pbischoff@spokanevalley.org> Subject: Please post notice of public hearing for City of Spokane Valley on 7-10-19 Hi, Patty! Would you please post the attached notice today Wednesday,July 10, 2019 at Center Place to remain visible to the public until July 26, 2019 (following public hearing). If you have any questions, please do not hesitate to contact me. Thank you, Patty! Karen Kendall I Planner 10210 E.Sprague Avenue I Spokane Valley,WA 99206 (509)720-5026 I kkendall@spokanevalley.org S"pakane Walley This email and any attachments maybe subject to disclosure pursuant to Washington State's Public Record Act,chapter 42.56 RCW. 1 Karen Kendall From: Aileen Luppert <aluppert@scld.org> Sent: Wednesday,July 10, 2019 1:32 PM To: Karen Kendall Subject: RE: EXTERNAL: Please post notice of public hearing for City of Spokane Valley on 7-10-19 Will do! Aileen Luppert I Managing Librarian aluppert(a scld.org 1509.893.8416 From: Karen Kendall [mailto:kkendall@spokanevalley.org] Sent: Wednesday,July 10, 2019 1:31 PM To:Aileen Luppert Subject: EXTERNAL: Please post notice of public hearing for City of Spokane Valley on 7-10-19 Hi,Aileen! Would you please post the attached notice today Wednesday,July 10, 2019 at Spokane Valley Library to remain visible to the public until July 26, 2019 (following public hearing). If you have any questions, please do not hesitate to contact me. Thank you! Karen Kendall I Planner 10210 E.Sprague Avenue I Spokane valley,WA 99206 - (509)720-5026 I kkendall@spokanevalley.org Spokane Valley This email and any attachments may be subject to disclosure pursuant to Washington State's Public Record Act,chapter 42.56 RCW. Spokane County Library District is subject to Washington State's Public Record Act, chapter 42.56 RCW. Unless otherwise exempted, senders and receivers of District email should presume that the email and any attachments are subject to release upon request, and to state record retention requirements. CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. • 1 • Project RECEIVED .: MAY U 1 2019 Snnkan ~� Valley NOTICE OF APPLICA oNeOSAOPERWAT CENTER SUB#1 REV. # MEMORANDUM To: Title Company FROM: Department of Community Development, Planning Division SUBJECT: Notice of Application Owner/Taxpayer List Please furnish a list of the owners and taxpayers of record of all properties adjacent to the proposal (or total adjoining ownership; including optioned land, to the extent known) as outlined on the accompanying Spokane County Assessor's map(s). i _ l . FILE No.: PART HI TITLE COMPANY AND APPLICANT CERTIFICATION • TITLE COMPANY CERTIFICATION I do hereby certify that the following list of names and addresses, consisting of the attached pages from the Spokane County Assessor's or Treasurer's most current computer records, is to the best of my knowledge correct. I also certify I have provided loan numbers, if possible, when the owner is listed as a finance company. , Signed by: /AwU1�'�� Date: //2-6A aI (Title Company Official) ,r41: J .�-1-'1 Com"` 'Cf�l'� For: (Company Name) APPLICANT CERTIFICATION I, the applicant or agent for the applicant, have verified the attached ownership list with the attached Assessor's map(s) and find that all tax parcel numbers adjacent to the project site, including owned or optioned land as shown on the Assessor's map(s) have been listed by the Title Company. Applicant: � Cktnn l o✓ t Y (Print Name) � Date: — Z 6 Signed by: _� ��t�— //- `� P1..33 V1.0 Page 3 of EXHIE7 Karen Kendall From: Bill Helbig Sent: Friday,July 12, 2019 8:57 AM To: Karen Kendall Cc: Chad Riggs; Ray Wright;Jenny Nickerson Subject: RE:Additional information requested for STV-2019-0003 Karen— Responses to your questions... 1. Traffic modeling and projections for the next 20 years indicate that a new right turn lane at the northwest corner will not be necessary. 2. There are no future uses for the ROW proposed to be vacated. As indicated in the documents, the City will need to retain the easement for the signal equipment though. Bill From: Karen Kendall Sent:Thursday,July 11, 2019 6:26 PM To: Bill Helbig<bhelbig@spokanevalley.org> Cc:Chad Riggs<criggs@spokanevalley.org>; Ray Wright<rwright@spokanevalley.org>;Jenny Nickerson <jnickerson@spokanevalley.org> Subject:Additional information requested for STV-2019-0003 Bill, I am seeking additional information and confirmation from you representing Public Works regarding the proposed street vacation on the northwest corner of Broadway Avenue and Thierman Road. The Planning Commission members following the study session tonight (7-11-19) have requested additional information in the following questions to help them make a recommendation to City Council. 1. Is there a need for a new right turn lane at the northwest corner of Broadway Avenue and Thierman Road? 2. Are there any future potential uses for the area of ROW on this corner that would necessitate the City not recommending to vacate? May I have your comments by Tuesday,July 16th to incorporate into the packet for the Public Hearing on July 25tH Thank you. Karen Kendall I Planner 10210 E.Sprague Avenue I Spokane Valley,WA 99206 (509)720-5026 I kkendall@spokanevallev.org Spokane Valley This email and any attachments may be subject to disclosure pursuant to Washington State's Public Record Act,chapter 42.56 RCW. 1 Karen Kendall From: Chad Riggs Sent: Thursday,June 6, 2019 10:23 AM To: Karen Kendall; Bill Helbig; Chad Phillips; Ray Wright; Shane Arlt; 'Spokane Valley Fire Disttict'; 'Chris Johnston'; 'Spokane Regional Health District'; 'Spokane Transit Authority'; 'WA Transportation'; 'WA Dept of Arch and Hist Preservation'; 'Avista Dave Byus'; 'CenturyLink'; 'Larry Ostwald (Conoco Phillips)'; 'Comcast'; 'Derek.Lilleberg@p66.com'; 'Joshua_Harty@cable.comcast.com'; 'waterinfo@spokanecity.org'; 'myake@spokanecity.org'; 'ebrown@spokanecity.org' Cc: 'Blanchette,Jake' Subject: RE: Review requested for street vacation at NW corner of Broadway Ave. &Thierman Rd. (STV-2019-0003) Karen, Public Works and DE do not object to the street vacation providing that the underlying utility easement per AFN 6488175 remains in place. Thank you, Chad Riggs, P.E. I Senior Engineer 10210 E. Sprague Avenue I Spokane Valley, WA 99206 (509) 720-5033 I criags a,spokanevallev.org Spokane � Ma1ley This email and any attachments may be subject to disclosure pursuant to Washington State's Public Record Act,Chapter 42.56 RCW. From: Karen Kendall Sent: Monday,June 3, 2019 3:25 PM To: Bill Helbig<bhelbig@spokanevalley.org>; Chad Phillips<cphillips@spokanevalley.org>; Ray Wright <rwright@spokanevalley.org>;Shane Arlt<sarlt@spokanevalley.org>; 'Spokane Valley Fire Disttict' <inspections@spokanevalleyfire.com>; 'Chris Johnston' <crjohnston@spokanesheriff.org>; 'Spokane Regional Health District' <psavage@srhd.org>; 'Spokane Transit Authority'<kotterstrom@spokanetransit.com>; 'WA Transportation' <FiggG@wsdot.wa.gov>; 'WA Dept of Arch and Hist Preservation' <sepa@dahp.wa.gov>; 'Avista Dave Byus' <dave.byus@avistacorp.com>; 'CenturyLink'<Karen.Stoddard@centurylink.com>; 'Larry Ostwald (Conoco Phillips)' <Larry.E.Ostwald@p66.com>; 'Comcast' <bryan_richardson@cable.comcast.com>; 'Derek.Lilleberg@p66.com' <Derek.Lilleberg@p66.com>; 'Joshua_Harty@cable.comcast.com' <Joshua_Harty@cable.comcast.com>; 'waterinfo@spokanecity.org' <waterinfo@spokanecity.org>; 'myake@spokanecity.org'<myake@spokanecity.org>; 'ebrown@spokanecity.org'<ebrown@spokanecity.org> Cc: Chad Riggs<criggs@spokanevalley.org>; 'Blanchette,Jake'<BlanchetteJ@SpokaneValleyFire.com> Subject: Review requested for street vacation at NW corner of Broadway Ave. &Thierman Rd. (STV-2019-0003) Hi all, Please review the attached application material for a proposed street vacation of the NW corner of Broadway Avenue and Thierman Road. 1 Submit written comments via email,facsimile, or mail to the attention of the staff person identified below. Please note: Any conditions or easements required to preserve utilities or access in this area shall be noted and required in the written comments submitted. COMMENT PERIOD ENDS: Monday,June 17, 2019 @ 5:00 p.m. If you have any questions, please do not hesitate to contact me. Best regards, Karen Kendall I Planner 10210 E.Sprague Avenue I Spokane Valley,WA 99206 (509)720-5026 I kkendall@spokanevallev.org Stiokane Walley This email and any attachments may be subject to disclosure pursuant to Washington State's Public Record Act,chapter 42.56 RCW. 2 Karen Kendall From: Chad Phillips Sent: Tuesday,June 4, 2019 1:59 PM To: Karen Kendall Subject: RE: Review requested for street vacation at NW corner of Broadway Ave.&Thierman Rd. (STV-2019-0003) Hi Karen No comment from Stormwater Thanks. Chad Phillips, P.E. I Engineer,Stormwater 10210 E.Sprague Avenue I Spokane Valley,WA 99206 (509)720-5013 I cphillips@spokanevalley.org k �. k�ane Walley, This email and any attachments may be subject to disclosure pursuant to Washington State's Public Record Act.chapter 42.56 RCW. From: Karen Kendall Sent: Monday,June 3,2019 3:25 PM To: Bill Helbig<bhelbig@spokanevalley.org>; Chad Phillips<cphillips@spokanevalley.org>; Ray Wright <rwright@spokanevalley.org>;Shane Arlt<sarlt@spokanevalley.org>; 'Spokane Valley Fire Disttict' <inspections@spokanevalleyfire.com>; 'Chris Johnston' <crjohnston@spokanesheriff.org>; 'Spokane Regional Health District' <psavage@srhd.org>; 'Spokane Transit Authority'<kotterstrom@spokanetransit.com>; 'WA Transportation' <FiggG@wsdot.wa.gov>; 'WA Dept of Arch and Hist Preservation'<sepa@dahp.wa.gov>; 'Avista Dave Byus' <dave.byus@avistacorp.com>; 'CenturyLink'<Karen.Stoddard@centurylink.com>; 'Larry Ostwald (Conoco Phillips)' <Larry.E.Ostwald@p66.com>; 'Comcast' <bryan_richardson@cable.comcast.com>; `Derek.Lilleberg@p66.com' <Derek.Lilleberg@p66.com>; 'Joshua_Harty@cable.comcast.com'<Joshua_Harty@cable.comcast.com>; 'waterinfo@spokanecity.org'<waterinfo@spokanecity.org>; 'myake@spokanecity.org'<myake@spokanecity.org>; 'ebrown@spokanecity.org'<ebrown@spokanecity.org> Cc: Chad Riggs<criggs@spokanevalley.org>; 'Blanchette,Jake'<BlanchetteJ@SpokaneValleyFire.com> Subject: Review requested for street vacation at NW corner of Broadway Ave. &Thierman Rd. (STV-2019-0003) Hi all, Please review the attached application material for a proposed street vacation of the NW corner of Broadway Avenue and Thierman Road. Submit written comments via email;facsimile, or mail to the attention of the staff person identified below. Please note: Any conditions or easements required to preserve utilities or access in this area shall be noted and required in the written comments submitted. COMMENT PERIOD ENDS: Monday,June 17, 2019 @ 5:00 p.m. If you have any questions, please do not hesitate to contact me. 1 Best regards, Karen Kendall I Planner 10210 E.Sprague Avenue I Spokane Valley,WA 99206 (509)720-5026 I kkendall@spokanevalley.org Malley• This email and any attachments may be subject to disclosure pursuant to Washington State's Public Record Act,chapter 42.56 RCW. 2 Karen Kendall From: Harvey,Traci <HarveyT@SpokaneValleyFire.com> Sent: Thursday,June 6, 2019 8:05 AM To: Karen Kendall Subject: STV-2019-0003 Attachments: STV-2019-0003 Kendall.pdf Refer to attached. NSElr� 45T) '4. 4410` 171 !'1. /'tel �' CD/'!.!e, Fire Protection Engineer Spokane Valley Fire Department 2120 N. Wilbur Spokane Valley, WA 99206 509-892-4183 Work 509-892-4144 Fax CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. i YAccQFPursuing E a .ice �� 0+ orte 0 CFAI .l� Q <r a w • m z BRYAN COLLINS,FIRE CHIEF TntiD '`Ft X16.ZOZ 2120 N.Wilbur Spokane Valley,WA 99206 (509)928-1700 Main June 6, 2019 (509)892-4125 Fax spokanevalleyfire.com City of Spokane Valley 10210 E. Sprague Avenue Spokane Valley,WA 99206 RE: STV-2019-0003 Northeast Corner of Broadway Avenue&Thierman Road The Spokane Valley Fire Department has completed a review for the above referenced project and has no comments on the Street Vacation. If there are any questions please do not hesitate to call. Sincerely, �:J%ecteG c I�f��lfi Traci Harvey Fire Protection Engineer Spokane Valley Fire Department Karen Kendall From: Byus, Dave <Dave.Byus@avistacorp.com> Sent: Tuesday,June 11, 2019 9:37 AM To: Karen Kendall Subject: STV-2019-0003-Broadway and Thiemann Street Vacation Attachments: Broadway and Theirman Road Vacation.png Hi Karen, Here are the comments I sent over to Liam and Alex at Storhaug prior to them applying for the street vacation. These would be Avista's requirements in review of the application. Please let me know if you need anything else or have any questions about my comments. Thanks Dave Byus Real Estate Representative /11W__ :►�i1►r//STA PO Box 3727 MSC-25 Spokane,WA 99220 1411 E Mission Ave.MSC-25 Spokane,WA 99202 P 509.495.2013 C 509.993.7852 htto://www.avistautilities.com 811 ......x,Wow. CallWany..e4 ,_� ..�n'i:'-n,'.'=n9 c ,vd2�-,+ r,`o"�a'.on gra una�;:ncnrd ci so s s ::r,ci.__ . yc.:are �-t an.� .: ��. I .,...�_i0inaa� -;iac��m�e��ts�i �.� � _.� ._ � i�cl__�_i2�r� ,. r=rl ted�. =_IIOleF:se and sen From: Byus, Dave Sent:Tuesday, April 30, 2019 12:26 PM To: Liam Taylor<Iiamt@storhaug.com> Cc: alex@storhaug.com Subject: RE: [External] 18-205: Person Broadway Legal: Utility Purveyor Correspondence Liam/Alex, Avista Utilities is the primary service provider for both electric and natural gas utilities. I have attached an exhibit showing our existing overhead electric distribution facilities as it relates to the 3 parcels affected by the proposed road vacation. As part of providing comments I have also reviewed and researched for existing utility easements which I was unable to locate. I am nearly 100% positive that our existing facilities were constructed under the existing and presumed right of 1 way and as such with fall under our franchise agreement with Spokane County at the time and City of Spokane Valley at the present. As part of this road vacation proposal I would request and require that utility dedications for our existing overhead electric distribution facilities be reserved within the road vacation. I believe the City of Spokane Valley has the correct language to add to the approved vacation order and paperwork. Please let me know if you have any questions or need anything else. Thanks Dave Byus Real Estate Representative iiri//STA PO Box 3727 MSC-25 Spokane,WA 99220 1411 E Mission Ave.MSC-25 Spokane,WA 99202 P 509.495.2013 C 509.993.7852 http://www.avistautilities.com Qf1 w.....baowc UCaUs.r.+�o.aa From: Liam Taylor [mailto:liamt@storhaug.coml Sent:Thursday,April 25, 2019 8:51 AM To: Byus, Dave<Dave.Byus@avistacorp.com>; karen.stoddard@centurylink.com; bryan richardson@cable.comcast.com; waterinfo@spokanecity.org; myake@spokanecity.org; harveyt@spokanevalleyfire.com Cc: 'Alex Durkin' <alex@storhaug.com> Subject: [External] 18-205: Person Broadway Legal: Utility Purveyor Correspondence To whom it may concern, We're in the process of submitting a Street Vacation Application to the City of Spokane Valley. Part of the application requires us to get a written correspondence from each of the utility purveyors. I think the most important thing for the Valley to know is if you have services available for the site. Attached are some exhibits that include the legal description of the vacation for the three (3) parcels it encroaches.The parcel numbers for the vacation are 35132.1320, 35132.1308, and 35132.1310. If you have any questions, please let me know. Thank you, Liam Taylor, Planning Intern 2 is'hu , civil engineering j planning landscape architecture ! surveying 510 east third avenue j Spokane, wa 99202 p. 509.242 1000 I w. www.storhaua.com USE CAUTION - EXTERNAL SENDER Do not click on links or open attachments that are not familiar. For questions or concerns, please e-mail phishing@avistacorp.com r COi JFIDENTIALITY NOTICE The contents of this email message and any attachments are intended solely for the addressee(s)and may contain confidential and/or privileged information and may be legally protected from disclosure.If you are not the intended recipient of this message or an anent of the intended recipient. or if this message has been addressed to you in error,please immediately alert the sender by reply email and then delete t,ls message and any attachments. CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. 3 T. . Mallon 7 . • 0 �_,. 2" 1-..... re' . N 13 , NC ` E03121 �. Mt; 9 . 15 . � 351321 N = 21309 BAWV 2 cz co 4111 4 i 41 .. - O I4 GBA AVC12;1APPIPP..- C S36 w �O tri 01) 351321320 w ABG Ali" B -) . .0.0 Oirri. to .I BC6412 co B vadway cciA O coo u ' 0 t N N A. O Ot 0 3 .�c -��� 501 u'0 X Attachment 3 .,.Pr ' t# ' 11 '0 jec July 17, 2019 RECEIVED JUL 172019 COS V PERMITA NT Karen Kendall, Planner REV City of Spokane Valley 10210 E. Sprague Avenue Spokane Valley, WA 99206 RE: Parcel #35132.1310 (6615 E. Broadway, Spokane Valley) Karen— In reference to the street vacation request at 6615 E. Broadway, I am authorizing Storhaug Engineering to act on the behalf of Otter Investments, LLC. I am the sole member of this limited liability company. Concurrence and agreement to supplement the original petition, I acknowledge that I have right to notice of the public hearing on July 25 and agree to proceed to the hearing on July 25 without such full notice, as well as waive any challenges based on lack of full notice of the public hearing. My contact information is below. If you need any further information, please feel free to contact me at any time. Colin Conway .._ Otter Investments, LLC 1314 S. Grand Blvd, #2-244 Spokane, WA 99202 colin.conway@kiemlehagood.com 509-263-0009 7/17/2019 Corporations and Charities System BUSINESS INFORMATION Business Name: OTTER INVESTMENTS,LLC UBI Number: 603 495 745 Business Type: WA LIMITED LIABILITY COMPANY Business Status: ACTIVE Principal Office Street Address: 601 W MAIN AVE STE 400, SPOKANE, WA, 99201-0613, UNITED STATES Principal Office Mailing Address: 601 W MAIN AVE STE 400, SPOKANE, WA, 99201-0613, UNITED STATES Expiration Date: 04/30/2020 Jurisdiction: UNITED STATES, WASHINGTON Formation/Registration Date: 04/08/2015 Period of Duration: PERPETUAL Inactive Date: Nature of Business: REAL ESTATE REGISTERED AGENT INFORMATION Registered Agent Name: COLIN CONWAY Street Address: 601 W MAIN #400, SPOKANE, WA, 99201-0000, UNITED STATES Mailing Address: 1314 S GRAND BLVD #2-244, SPOKANE, WA, 99202-0000, UNITED STATES https://ccfs.sos.wa.gov/#/BusinessSearch/Businesslnformation 1/2 7/17/2019 Corporations and Charities System GOVERNORS Title Governors Type Entity Name First Name Last Name GOVERNOR INDIVIDUAL COLIN CONWAY https://ccfs.sos.wa.gov/#/BusinessSearch/Businesslnformation 2/2 Karen Kendall From: Alex Durkin <alex@storhaug.com> Sent: Friday,July 12, 2019 11:39 AM To: Karen Kendall Cc: liamt@storhaug.com; 'Grant Person' Subject: FW: FW: Request for documentation related to ownership change on adjacent parcel to STV-2019-0003 18-205 Karen, Here is an email from Grant authorizing the new owner to continue in his place per Item 3 below. We will send the rest as we receive it. Thanks, From:Grant Person <jgrantperson@gmail.com> Sent: Friday,July 12, 2019 11:32 AM To:Alex Durkin <alex@storhaug.com> Cc: Iiamt@storhaug.com Subject: Re: FW: Request for documentation related to ownership change on adjacent parcel to STV-2019-0003 18-205 Alex I authorize Otter Investments, LLC(the new owner),to continue in my place with this pending application and associated fees. On Fri,Jul 12, 2019 at 7:20 AM Alex Durkin <alex@storhaug.com>wrote: Grant, Please see Karen's request below.We need: 1 1. Provide name, address, email and phone number of new owner. 2. Provide letter from new owner authorizing Storhaug Engineering authority to act on their behalf in processing street vacation request. 3. Provide letter from previous owner(s),giving authorization for new owner to continue in their place with the active application (STV-2019-0003) and associated fees paid. Thanks, r 510 east third avenue j spokane,wa 99202 From: Karen Kendall<kkendall@spokanevailey.org> Sent:Thursday,July 11, 2019 6:41 PM To: 'liamtCcstorhaug.com'<Iiamt@storhaug.com> Cc: 'Alex Durkin'<alex(«7storhaug.com>;Jenny Nickerson <jnickerson@spokanevalley.org>; Lori Barlow <Ibarlow@spokanevaliey.org> Subject: Request for documentation related to ownership change on adjacent parcel to STV-2019-0003 Liam, I was informed by a Planning Commission member tonight at the study session that ownership has changed on parcel 35132.1310 to Otter Investments, LLC. 2 I need the following information submitted in an expedited manner to alleviate concerns as the request is processed forward to the public hearing on July 25th and noticed with different ownership. 1. Provide name, address, email and phone number of new owner. 2. Provide letter from new owner authorizing Storhaug Engineering authority to act on their behalf in processing c 3. Provide streetvaletteration from previous owner(s),giving authorization for new owner to continue in their place with the active application (STV-2019-0003) and associated fees paid. If you have any questions, please do not hesitate to contact me. Best regards, Karen Kendall I Planner 10210 E.Sprague Avenue I Spokane Valley.WA 99206 (509)720-5026 I kkendall@spokanevallev.org ne �rtr ai 1 l , Valley This email and any attachments may be subject to disclosure pursuant to Washington State's Public Record Act,chapter 42.56 RCW. Best regards, J. Grant Person Chester Self Storage 4128 S. Bowdish Rd. Spokane Valley, WA 99206 Ph: 509-413-1643 Cell: 509-993-3576 CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. 3 Karen Kendall From: Grant Person <jgrantperson@gmail.com> Sent: Wednesday,July 17, 2019 1:12 PM To: Karen Kendall Cc: Alex Durkin; liamt@storhaug.com;Colin Conway;Jim Pomajevich Subject: Fwd:TRANSFER OF RIGHT TO PROCESS VACATION APPLICATION 6615 East Broadway, Spokane Valley WA Karen Please review the attached letter of authorization from my partner, Jim Pomajevich. Please let me know immediately if this letter is NOT sufficient to satisfy requirements necessary to proceed with processing the vacation application. Thank you for your assistance. Forwarded message From: Jim Pomajevich <pomajevich a,gmail.com> Date: Wed, Jul 17, 2019 at 12:58 PM Subject: TRANSFER OF RIGHT TO PROCESS VACATION APPLICATION 6615 East Broadway, Spokane Valley WA To: Alex Durkin<a1ex@storhaug.com>, Grant Person<jgrantperson a,ganail.com> Sonrise Land LLC and Pomajevich Investments Co.LLC each sold an undivided 50%undivided interest in the property located at 6615 East Broadway in Spokane Valley, WA to Otter Investments LLC. At the time of the sale we had authorized Storhaug Engineering, Coto act on our behalf to process the Broadway. ave. Right of Way partial vacation application. This email will serve as a transfer of all the right title and interest in and to that application to Otter Investments LLC and authorize Storhaug Engineering to continue to process the application on its behalf. Pomajevich Investments Co, LLC James J Pomajevich, Manager Jim Pomajevich pomajevich(gmail.com 1 Best regards, J. Grant Person Chester Self Storage 4128 S. Bowdish Rd. Spokane Valley, WA 99206 Ph: 509-413-1643 Cell: 509-993-3576 CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. 2