Ordinance 19-013 Street Vaction Broadway etc CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 19-013
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY
WASHINGTON, PROVIDING FOR A RIGHT-OF-WAY VACATION OF
APPROXIMATELY 2,977 SQUARE FEET ON THE NORTHWEST CORNER OF
BROADWAY AVENUE AND THIERMAN ROAD ADJACENT TO PARCELS
35132.1320, 35132.1308 and 35132.1310 AND PROVIDING FOR OTHER MATTERS
PROPERLY RELATING THERETO.
WHEREAS, on May 1, 2019, an application for vacation was filed requesting the vacation of the
northwest corner of Broadway Avenue and Thierman Road approximately 2,977 square feet; and
WHEREAS, 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; and
WHEREAS, on June 18, 2019, the City Council by Resolution 19-009 set a public hearing date
for July 25, 2019 with the Planning Commission; and
WHEREAS, on July 25,2019,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; 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 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.
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2. The subject ROW 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 the future for
public use or access.
3. 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. 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. No objections or public comment has been received.
6. On June 4, 2019 Parcel 35132.1310 was purchased by Otter Investments, LLC. Otter
Investments 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.
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, $372.13 is 50% of the
assessed value. Therefore, $372.13 minus the $1,365 application fee equals $-992.87. The
unimproved portions of Broadway Avenue and Thierman Road is less than the application
fee and thus,pursuant to Section 1(2) of Resolution 07-009,no fee may be required from the
applicant.
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:
LEGAL DESCRIPTION RIGHT-OF-WAY,PORTION I OF PARCEL 35132.1320
A parcel of land within the Southyvest 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;
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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 S72°26'24"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°2520", an Arc Length of 41.54 feet, and a Chord of
879°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°4424E, 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.
LEGAL DESCRIPTION RIGHT-OF-WAY,PORTION 2 OF PARCEL 351321308
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;
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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.
LEGAL DESCRIPTION RIGHT-OF-WAY, PORTION 3 OF PARCEL 35132.1310
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 7L25 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.
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 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-2019-0003),
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.
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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 9.
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
3 5132.1310. 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.
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.
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.
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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 24E11 day of September, 2019.
ATTEST: �/
L.R. Hi ins LApa
ristine Bainbridge, iv Clerk
Approved
1111
O re ofdeCi'Arorn;
Date of Publication: 09-27-2019
Effective Date: 10-02-19
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