Ordinance 19-010 Street Vacation CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO. 19-010
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY
WASHINGTON, PROVIDING FOR A RIGHT-OF-WAY VACATION OF
APPROXIMATELY 41,022 SQUARE FEET OF BALDWIN AVENUE AND GLENN
ROAD WHICH BISECTS PARCEL 45093.1519 AND PROVIDING FOR OTHER
MATTERS PROPERLY RELATING THERETO.
WHEREAS, on March 8, 2019, a completed application for vacation was filed requesting the
vacation of Baldwin Avenue approximately 40,144 square feet, University Road approximately 12,926
square feet, and Glenn Road approximately 878 square feet; and
WHEREAS, on April 9, 2019, the City Council by Resolution 19-007 set a public hearing date
for May 23, 2019 with the Planning Commission; 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 vacation; and
WHEREAS, none of the property owners abutting the property to be vacated filed a written
objection to the proposed vacation with the City Clerk; and
WHEREAS, pursuant to chapter 22.140 SVMC, upon vacation of the road, the City shall transfer
the vacated property to abutting property owners, the zoning district designation of the properties
adjoining the street shall attach to the vacated property, a record of survey shall be submitted to the City,
and all direct and indirect costs of title transfer to the vacated street shall be paid by the proponent or
recipient of the transferred property. In this particular case, the vacated property shall be transferred to
parcel 45093.1519; and
WHEREAS, the City Council desires to vacate the above street pursuant to chapter 22.140
SVMC.
NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County,
Washington, do ordain as follows:
Section 1. Findings of Fact. The City Council makes the following findings of fact:
1. The area proposed to be vacated is unimproved and no utilities are located within the right-
of-way. However, Spokane County Environmental Services requested an easement for
sanitary sewer. The applicant stated in the application materials that an ingress/egress
easement would be created to provide future access to parcel 45093.2401. The vacation of
Baldwin Avenue and Glenn Road is expected to have no impact on the general public as
surrounding parcels currently do not use the right-of-way for access.
However, the vacation of University Road has potential to impact the general public.
Therefore, staff recommends the City retain the University Road right-of-way for projects
that are unforeseen at this time.
2. The subject right-of-way is unimproved and not being utilized for public access. The site is
bordered by Interstate 90 to the north which provides no reasonable means of connection for
Baldwin Avenue and Glenn Road. However, University Road right-of-way could provide
potential future public benefit if a pedestrian or vehicle access crossing was ever proposed.
There is no need for a new and different public way around the subject ROW. So long as
access to the drywell for maintenance is provided,the public interest is served.
Ordinance 19-010- Street Vacation STV-2019-0002 Page i of 4
3. Public access is not needed in this area because no properties currently utilize the right-of-
way for access and the majority of ownership along the unimproved right-of-way is owned
by Circle M Family Properties. There is no need for a new and different public way. An
ingress/egress access easement will be required to ensure access for parcel number
45093.2401.
4. Based on the comprehensive plan, it is not anticipated that changes will occur in the future
that would require the use of the Baldwin Avenue or Glenn Road right-of-way for public
access. However, University Road has potential to serve a greater purpose than currently
exists. The right-of-way could provide future public benefit with a pedestrian or vehicle
access overpass.
5. No objections or public comment was received.
6. The subject ROW bisects parcel 45093.1519 and title shall vest in that parcel.
7. Resolution 07-009 was adopted pursuant to RCW 35.79.030 to set the City's policy for
imposing vacation charges. Pursuant to Section 1 of Resolution 07-009:
a. The cost for property received as a result of a vacation initiated by an adjacent
property owner shall equal 50% of the appraised value of the vacated property
received to the extent the cost exceeds the amount charged by the City of Spokane
Valley to initiate the vacation process.
i. The appraised value shall be the same as the value of an equivalent portion of
property adjacent to the proposed vacation as established by Spokane County
Assessor at the time the matter is considered by the City Council.
ii. If the value of adjacent properties differs, than the average of the adjacent
property values per square foot will be used.
Based on the average assessed value of the adjacent properties, $5,127.75 is 50% of the
assessed value. Therefore, $5,127.75 minus the$1,365 application fee equals $3,762.75.
Section 2. Property to be Vacated. Based upon the above findings and in accordance with
this Ordinance, the City Council does hereby vacate the street or alley which is incorporated herein by
reference, and legally described as follows:
BALDWIN AVENUE VACATION
A STRIP OF LAND, 60 FEET IN WIDTH, BEING A PORTION OF BALDWIN AVENUE AS
DEDICATED BY THE PLAT OF SULLIVAN ADDITION AS RECORDED IN VOLUME "K" OF PLATS,
PAGE 47, RECORDS OF SPOKANE COUNTY, WASHINGTON, (SAID BALDWIN AVENUE
DEPICTED AS INDIANA AVENUE ON SAID PLAT);LOCATED IN THE SOUTHWEST QUARTER OF
THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 25 NORTH, RANGE 44 EAST, W.M., CITY
OF SPOKANE VALLEY, SPOKANE COUNTY, WA; SAID STRIP BEING BOUND ON THE WEST BY
THE EAST RIGHT OF WAY OF UNIVERSITY ROAD (SANDS ROAD PER SAID PLAT);AND BOUND
ON THE EAST BY THE WEST RIGHT OF WAY OF GLENN ROAD (PATRICK STREET PER SAID
PLAT).
GLENNROAD VACATION
A STRIP OF LAND, 60 FEET IN WIDTH, BEING A PORTION OF GLENN ROAD AS DEDICATED BY
THE PLAT OF SULLIVAN ADDITION AS RECORDED IN VOLUME "K" OF PLATS, PAGE 47,
RECORDS OF SPOKANE COUNTY, WASHINGTON (SAID GLENN AVENUE DEPICTED AS
PATRICK STREET ON SAID PLAT); LOCATED IN THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 25 NORTH, RANGE 44 EAST, W M., CITY OF
SPOKANE VALLEY, SPOKANE COUNTY, WA; SAID STRIP BEING BOUND ON THE SOUTH BY THE
SOUTH RIGHT OF WAY OF BALDWIN AVENUE (INDIANA AVENUE PER SAID PLAT); AND
BOUND ON THE NORTH BY THE SOUTH RIGHT OF WAY OF INTERSTATE 90.
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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. In this particular instance a different division and distribution of the vacated
property is necessary. The property to be vacated bisects parcel 45093.1519 which requires that the
entirety of the vacated property belong to that single parcel. The completion of the vacation shall be
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 prior to
the transfer of title by the City.
1. Initial work to satisfy conditions of the street vacation (File No. STV-2019-0002),
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 parcel (45093.1519) as shown
on the record of survey created and recorded with Spokane County Auditor's Office
pursuant to condition 8.
3. The following easements shall be established. Submit the recording number on the
record of survey and written documentation of the easement for City verification.
a. All existing lots shall have access to a public street or existing driveway
easement prior to finalization. Parcels shall be reconfigured through a boundary
line adjustment or an easement shall be created to provide access to parcel
45093.2401.
b. An easement acceptable to Spokane County Environmental Services for accessto
public sewer to serve parcel 45093.2401. If parcel 45093.2401 is consolidated
with an adjacent parcel that has access to the sanitary sewer system, no easement
is required.
4. 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.
5. 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.
6. All direct and indirect costs of title transfer of the vacated street from public to private
ownership, including but not limited to, title company charges, copying fees, and
recording fees 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.
7. 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
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adopting Ordinance shall specify this zoning district extension inclusive of the applicable
zoning district designations.
8. 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.
9. All conditions of City Council authorization shall be fully satisfied prior to any transfer
of title by the City.
10. Payment in the amount of$3,762.75 shall be paid to the City by the property owner(s)
requesting vacation.
Section 6. Closing. Following satisfaction of the above conditions, the City Clerk shall
record a certified copy of this Ordinance in the office of the County Auditor, and the City Manager is
authorized to execute and finalize all necessary documents in order to complete the transfer of the
property identified herein.
Section 7. Severability. If any section, sentence, clause or phrase of this Ordinance shall be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or
phrase of this Ordinance.
Section 8. Effective Date. This Ordinance shall be in full force and effect five days after
publication of this Ordinance or a summary thereof in the official newspaper of the City of Spokane
Valley as provided by law.
PASSED by the City Council this 23`d day of July,2019.
ATTES . '
L.R. Higgins of)
Christine
Bainbridge, City Clerk
Approve• • s To Form:
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Office o'the City Attorney
Date of Publication: -677 'a2 0/,
Effective Date: 8 - 7 - c/9
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