Ordinance 19-009 Street Vacation CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 19-009
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY
WASHINGTON, PROVIDING FOR A RIGHT-OF-WAY VACATION OF 1,266 FEET OF
TSCHIRLEY ROAD, 1,565 FEET OF LONG ROAD, 1,328 FEET OF RICH AVENUE,AND 2,615
FEET OF GREENACRES ROAD. THE RIGHT-OF-WAY WIDTH IS 30 FEET ON TSCIH1 LEY
ROAD, 30 FEET ON LONG ROAD, 30 FEET ON RICH AVENUE, AND 30 FEET ON
GREENACRES ROAD. THE AREA OF VACATION IS LOCATED NORTHWEST OF THE
INTERSECTION OF BARKER ROAD AND EUCLID AVENUE ADJACENT TO ELEVEN
PARCELS: 55065.0107, 55061.9062, 55065.0105, 55065.0190, 55065.0171, 55064.0169, 55064.0170,
55065.0170,55064.1107,55064.9030 AND 55061.9066,AND FOR OTHER MATTERS RELATING
THERETO.
WHEREAS, on April 9, 2019, the City Council passed Resolution 19-005 initiating the vacation
of 1,266 feet of Tschirley Road, 1,565 feet of Long Road, 1,328 feet of Rich Avenue, and 2,615 feet of
Greenacres Road. The right-of-way (ROW) width is 30 feet on Tschirley Road, 30 feet on Long Road, 30
feet on Rich Avenue, and 30 feet on Greenacres Road of unnamed right-of-way; and
WHEREAS, on April 9, 2019,the City Council passed Resolution 19-006 setting a public hearing
before the Planning Commission for May 23, 2019; and
WHEREAS, on May 23,2019,the Planning Commission held a public hearing; and
WHEREAS, following the hearing, the Planning Commission found that the notice and hearing
requirements of Spokane Valley Municipal Code (SVMC)22.140.020 had been met; and
WHEREAS, the Planning Commission findings and minutes have been filed with the City Clerk
as part of the public record supporting the vacations; and
WHEREAS, none of the property owners abutting the property to be vacated filed a written
objection to the proposed vacation with the City Clerk; and
WHEREAS, pursuant to chapter 22.140 SVMC, upon vacation of the roads,the City shall transfer
the vacated property to abutting property owners,the zoning district designation of the properties adjoining
the street shall attach to the vacated property, a record of survey shall be completed, and all direct and
indirect costs of title transfer to the vacated street shall be paid by the proponent or recipient of the
transferred property. In this particular case, the vacated property shall be transferred to eleven parcels:
55065.0l 07, 55061.9062, 55065.0105, 55065.0190, 55065.0171, 55064.0169, 55064.0170, 55065.0170,
55064.1107, 55064.9030 and 55061.9066; and
WHEREAS,the City Council desires to vacate the above streets pursuant to chapter 22.140 SVMC.
NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County,
Washington, do ordain as follows:
Section 1. Findings of Fact. The City Council makes the following findings of fact:
1. The portion of Tschirley Road, Long Road, Rich Avenue, and Greenacres Road
proposed to be vacated are unimproved. The vacations are expected to have no impact
on the general public as surrounding parcels currently do not use the ROWs for access.
2. The ROWs consists of vacant land not being utilized for public access. The ROWs are
not required for current or future public access.
3. There is no need for a new and different public way.
Ordinance 19-009 Street Vacation Page 1 of 4
4. It is not anticipated that changes would occur in the future which would require the use of the
subject ROWs for public access. Future development may require improvements, which will
be reviewed and ROW needs assessed at such time.
5. No objections or public comments were received for any of the ROWs.
6. The ROW is adjacent to parcels 55065.0107, 55061.9062, 55065.0105, 55065.0190,
55065.0171, 55064.0169, 55064.0170, 55065.0170, 55064.1107, 55064.9030 and 55061.9066
and title shall vest in those parcels.
7. Pursuant to Resolution No. 07-009, Policy for Imposing Vacation Charges Pursuant to RCW
35.70.030:
a. The City of Spokane Valley has the authority to charge for vacations in an amount that
does not exceed 50% of the full appraised value or for the full amount of the area
vacated where the street has been part of a dedicated right-of-way for over twenty five
years or if the property was acquired at public expense.
b. Alternatively, the Council shall reserve the right to deviate from this policy upon the
adoption of written findings of fact that demonstrate the public interest shall be best
served by an alternative approach. The following facts are relevant to Council's
determination of an alternative approach:
i. The proposed vacation of the Tschirley Road, Long Road, Rich Avenue, and
Greenacres Road were initiated by the City. The ROWs are unimproved and
not anticipated to be used for public access. Based on the above findings, the
City does not seek payment for the vacated rights-of-way.
Section 2. Property to be Vacated. Based upon the above findings and in accordance with
this Ordinance, the City Council does hereby vacate the street or alley which is incorporated herein by
reference, legally described as follows:
Tschirley Road right-of-way lying west of Barker Road, north of Union Pacific Railroad and Euclid Avenue,
West half of Section 6, Township 25 North, Range 45 East, W M; and further defined as follows: That
portion of an unnamed street in Plat No. 3 of West Farms Irrigated Tracts according to plat thereof
recorded in Volume T of Plats,page 6, lying north of the easterly extension of the North line of Tract 61 of
said West Farms Irrigated Tracts, said street being between Tracts 57 and 58 and a portion of Tract 62.
Long Road right-of-way lying west of Barker Road, north of Union Pacific Railroad and Euclid Avenue,
East half of Section 6, Township 25 North, Range 45 East, W.M.; and further defined as follows: That
portion of an unnamed street in Plat No. 3 of West Farms Irrigated Tracts according to plat thereof
recorded in Volume T of Plats,page 6, lying north of previously vacated street(by County vacation number
2093)said street being between Tracts 55 and 56 and between Tracts 63 and 64 and a portion of Tract 67.
Rich Avenue right-of-way lying west of Barker Road, north of Union Pacific Railroad and Euclid Avenue,
East half of Section 6, Township 25 North,Range 45 E., W.M.;andfurther defined as follows: That portion
of an unnamed street in Plat No. 3 of West Farms Irrigated Tracts according to plat thereof recorded in
Volume T of Plats, page 6, being the north 20 feet of the Southwest Quarter of the Northeast Quarter of
said Section 6, said street being north of and adjacent to Tract 54, and Tract 55.
Greenacres Road right-of-way lying west of Barker Road, north of Union Pacific Railroad and Euclid
Avenue, East half of Section 6, Township 25N., Range 45E., WM; and further defined as follows: That
portion of an unnamed street in Plat No. 3 of West Farms Irrigated Tracts according to plat thereof
recorded in Volume T of Plats,page 6, lying north of the westerly extension of the North line of Tract 76 of
said West Farms Irrigated Tracts, said street being east of and adjacent to Tract 54, Tract 65, Tract 66 and
a portion of Tract 75.
Ordinance 19-009 Street Vacation Page 2 of 4
Section 3. Division of Property to be Vacated. Pursuant to RCW 35.79.040 and SVMC
22.140.040(C), the vacated portion of the street or alley shall belong to the abutting property owners, one-
half to each,unless factual circumstances otherwise dictate a different division and distribution of the street
or alley to be vacated. The ROW to be vacated shall be divided amongst parcels 55065.0107, 55061.9062,
55065.0105, 55065.0190, 55065.0171, 55064.0169, 55064.0170, 55065.0170, 55064.1107, 55064.9030
and 55061.9066 as recorded in the record of survey which shall be created and recorded with Spokane
County as required pursuant to SVMC 22.140.090.
Section 4. Zoning. The zoning designation for the vacated property shall be the designation
attached to the adjoining properties as set forth within the respective property or lot lines. The City Manager
or designee is authorized to make this notation on the official Zoning Map of the City.
Section 5. Conditions of Vacation. The following conditions shall be fully satisfied for each
ROW prior to the transfer of title by the City.
1. The vacated property shall be transferred into the abutting parcels (55065.0107, 55061.9062,
55065.0105, 55065.0190, 55065.0171, 55064.0169, 55064.0170, 55065.0170, 55064.1107,
55064.9030 and 55061.9066) as shown on the record of survey created and recorded with
Spokane County Auditor's Office.
2. Following the City Council's passage of the Ordinance approving the street vacation, a record
of survey of each of the areas to be vacated, prepared by a registered surveyor in the State of
Washington, including an exact metes and bounds legal description,and specifying any and all
applicable easements for construction, repair and maintenance of existing and future utilities
and services, shall be completed.
3. The surveyor shall locate a monument at the intersection of the centerline of each of the vacated
rights-of-way with each street or right-of-way in accordance with the standards established by
the Spokane Valley Street Standards.
4. All direct and indirect costs of title transfer of the vacated ROWs from public to private
ownership, including but not limited to, title company charges, copying fees, and recording
fees shall be paid by the City.
5. The zoning district designation of the properties adjoining each ROW to be vacated shall be
automatically extended to the center of such vacation, and all area included in each of the
vacations shall then and henceforth be subject to all regulations of the industrial district. The
adopting Ordinance shall specify this zoning district extension inclusive of the applicable
zoning district designations.
6. The record of survey and certified copy of the Ordinance shall be recorded by the City Clerk
in the office of the Spokane County Auditor.
7. All conditions of City Council authorization shall be fully satisfied prior to any transfer of title
by the City.
Section 6. Closing. Following satisfaction of the above conditions, the City Clerk shall
record a certified copy of this Ordinance in the office of the County Auditor, and the City Manager is
authorized to execute and finalize all necessary documents in order to complete the transfer of the property
identified herein.
Section 7. Severability. If any section, sentence, clause or phrase of this Ordinance shall be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
Ordinance 19-009 Street Vacation Page 3 of 4
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or
phrase of this Ordinance.
Section 8. Effective Date. This Ordinance shall be in full force and effect five days after
publication of this Ordinance or a summary thereof in the official newspaper of the City of Spokane Valley
as provided by law.
PASSED by the City Council this 23' day of July, 2019.
Ar
4'1 4
ATTES .
L.R. Higgins, r4
Christine Bainbridge, City Clerk -
Ap roved s To Form:
Office of he City Attorney
Date of Publication: D _ ` 2 6/)
Effective Date:
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