2014, 09-02 Stormwater Easement Req for Council ActionMeeting Date:
CITY OF SPOKANE VALLEY
Request for Council Action
September 2, 2014 Department Director Approval:
Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
❑ information ® admin. report ❑ pending legislation ❑ executive session
AGENDA ITEM TITLE: Stormwater Easement Extinguishment-3715 South Woodruff Road
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN: Acceptance of replacement stormwater easement
August 26, 2003.
BACKGROUND: The Ponderosa 6th Addition was platted in 1980. As part of that process, the
developer left some property unplatted to act as a stormwater drainage area between several of
the lots. (See Exhibit A) Through the platting action one of the west -facing lots (3715 South
Woodruff Road) was burdened with an access easement to the stormwater drainage area. That
easement identified a benefit to Spokane County anticipating stormwater from the public streets
would flow through this area, which had historically been an old watercourse for surface water.
A house was subsequently constructed on the site, which was partially built over the access
easement on the north side of the property. In August, 2003, the owner of the property asked
the City to switch the access easement to the south side of the property since the north side
was unpassable for vehicles. The City did so when the Council approved an extinguishment of
the prior easement (north side), and granting of a new access easement (south side) in August,
2003.
In 2012, the owners of the property applied for and received a building permit for an addition to
the structure, which covered a portion of the 2003 access easement area. In their application,
the owners failed to identify that an easement covered part of the property upon which the
addition would be constructed. It is the responsibility of the applicant to identify any easements
or other limitations that would preclude the permit being requested. They failed to do so, the
permit was granted, and they constructed building improvements over a portion of the easement
on the south side of property.
At some point in 2013, the owners became aware of the easement, and requested that the City
remove the easement. In analyzing the issues related to that request, the City determined
several things of importance.
First, the attempt to extinguish the north access easement in 2003 was not valid because the
only legal way to extinguish an easement created by platting is to do a plat alteration, which was
not done. In effect, there are now two legally existing stormwater drainage area access
easements burdening the property at 3715 South Woodruff Road.
Second, the unplatted area (stormwater drainage area) is no longer land locked between
parcels. The property owners on the east side of Ponderosa 6th Addition along Ridgeview Drive
acquired the rights to the previously unplatted area by adjusting their parcel boundaries.
Third, Art Jenkins, Stormwater Engineer, stated that due to other stormwater improvements
made in the area over the years, the City does not use the stormwater drainage area in the
previously unplatted area to handle runoff from public streets. Most of the runoff that this area
was intended to handle came from the Ponderosa Elementary playground during winter months
when the ground was frozen. The City has installed a number of drywell facilities in that area,
and has a larger drainage swale at the corner of East 40th Court and East Driftwood Court in the
cul-de-sac. These facilities handle the stormwater sufficiently, and Mr. Jenkins advised that the
City could extinguish the access easement without impairing the City's ability to handle any
runoff.
Given these facts, staff is presenting this request to extinguish the stormwater drainage area
access easement located on the south side of the property located at 3715 South Woodruff
Road. Staff has also advised the owners that they will need to apply for a plat alteration to
remove the easement on the north side of their property created thought the platting action of
Ponderosa 6th Addition.
OPTIONS: (1) Place a resolution on a future agenda to authorize the City Manager to extinguish
the stormwater drainage area access easement; (2) take other action as appropriate.
RECOMMENDED ACTION OR MOTION: Consensus to place a resolution on a future consent
agenda for consideration to extinguish the south stormwater drainage area access easement on
3715 South Woodruff Road.
BUDGET/FINANCIAL IMPACTS: None
STAFF CONTACT: Cary Driskell, City Attorney; Art Jenkins, Stormwater Engineer
ATTACHMENTS: Exhibit A — Plat map of Ponderosa 6th Addition (1980)
Exhibit B — 2003 Easement extinguishment and grant of new easement
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PONDEROSA 4TH ADD.
FINAL PLAT
PONDEROSA 6TH ADDITION
A PLAT IN A PORTION OF
THE SW 1/4 OF THE NE 1/4 OF
SECTION 32. T. 25 N., R. 44 E.W.M.
SPOKANE COUNTY. WASHINGTON
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SCALE la 50' CLARENCE E. SIMPSON ENGINEERS, INC.
AUGUST[ 1980 SPOKANE, WASHINGTON
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Filed at the Request of:
TRUNKENBOLZ 1 ROHR PLLC
Attorneys at Law
E. 12704 Nora, Suite B
Spokane, WA 99216
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Page: 1 of 2
09/09/20 3 09;47h
$20 W Spokane Co, AA
ASCESS EASFMENT
FOR CONSIDERATION OF THE ACTUAL BENEFITS HEREIN
DERIVED by the parties hereto, the undersigned Grantors hereby agree to vacate
that EASEMENT, described under Spokane County recording number
8011190023. 5 z) - / 3f >
The access easement is described as follows:
North 15 feet of Lot 2, Block 1, PONDEROSA 6TH ADDITION,
as per plat recorded in Volume 16 of Plats, page 23, records of
Spokane County;
Situated in the County of Spokane, State of Washington
Parcel No.:45321.2302
Said easement shall be replaced by the following access easement for the
purposes of ingress and egress and shall be located to the following described real
estate;
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South 15 feet of Lot 2, Block 1, PONDEROSA 6T0 ADDITION,
as per plat recorded in Volume 16 of Plats, page 23, records of
Spokane County;
Situated in the County of Spokane, State of Washington
Parcel No.:45321.2302
or in such other location as to permit access to that Drainage Easement Dedication
recorded under Spokane County recording number 8011 190024.
Dated this .2 -Gd_day of September, 2003.
CITY OF SPOKANE VALLEY:
BY:
Attest:
DAVID MERCIER
City Manager
. CARY DRIS L,
Deputy City Attorney
STATE OF WASHINGTON )
) ss.
County of Spokane )
On this day of September, 2003, before me, the undersigned, a Notary
Public in and for the State of Washington, personally appeared David Mercier and
Cary P. Driskell, to me known to be the individuals who executed the within and
foregoing instrument, and acknowledged the said instrument to be their free and
voluntary act and deed for the uses and purposes therein mentioned.
IN WITNESS WHEREOF, I have hereunto set my
hand and official seal the
day and year first above written.
�J�
Notary Public in and for the State of Washington, residing
at Spokane Valley. My commission expires lO/a3/D'�