Ordinance 20-014 Desmet Ct Street Vacation CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO.20-014
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY
WASHINGTON, PROVIDING FOR A RIGHT-OF-WAY VACATION OF
APPROXIMATELY 12,847 SQUARE FEET OF DESMET COURT ADJACENT TO
THREE PARCELS (45131.0507, 45131.0509 AND 45131.0510) AND PROVIDING FOR
OTHER MATTERS PROPERLY RELATING THERETO.
WHEREAS, on May 28, 2020, a completed application for vacation was filed requesting the
vacation of Desmet Court of approximately 12,847 square feet; and
WHEREAS, on July 28, 2020, the City Council by Resolution 20-012 set a public hearing date
for August 27,2020 with the Planning Commission; and
WHEREAS, on August 27,2020,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 street 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 street, 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
parcels 45131.0507, 45131.0509 and 45131.0510; 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 currently serving three vacant parcels owned by Hanson
Industries. The dedication of the cul-de-sac further west is being required as a condition of the
vacation in order to provide the same level of service to the public. The street vacation requires
the relocation of the border easement and utility easements in order to serve the public interest.
The vacated street will allow for maximum use of the property.
2. The existing cul-de-sac will no longer be required for public access with the new design and
dedication of the new cul-de-sac further west. The new cul-de-sac, border easement and utility
easement will provide the same level of service as is currently provided.
3. The new cul-de-sac will serve the public better because it allows Hanson Industries to maximize
the use of their property in an area where urban services are in place.
4. There is no additional right-of-way east of Desmet Court that would allow for a future connection
to Flora Road. Therefore, the dedication of the cul-de-sac will provide an equal level of service to
the public. Spokane Valley Public Works has expressed support of the street vacation.
5. No objections or public comment has been received. The utility providers all provided comments
supporting the street vacation of Desmet Court if all their utilities are moved (at the
owner/developers expense)to their acceptance and approval.
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6. The subject ROW is adjacent to parcels 45131.0507, 45131.0509 and 45131.0510 and title shall
vest to each parcel for 50 percent of the right-of-way dedicated.
7. Resolution 07-009 and RCW 35.79.030 states that compensation can be requested from the City
for a vacation "If the street or alley has been part of a dedicated public right-of-way for twenty-
five years or more, or if the subject property or portions thereof were acquired at public expense,
the city or town may require the owners of the property abutting the street or alley to compensate
the city or town in an amount that does not exceed the full appraised value of the area vacated."
However, the right-of-way proposed to be vacated was dedicated 11 years ago in 2009.
Additionally, the right-of-way was obtained through a platting action (binding site plan) and was
not acquired at the public expense. Therefore,the City cannot ask for compensation regarding the
vacation of Desmet Court.
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:
DESMET COURT VACATION
A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 25
NORTH, RANGE 44 EAST, WILLAMETTE MERIDIAN BEING A PORTION OF BINDING SITE PLAN
BSP-02-09, RECORDED IN BOOK 3 OF BINDING SITE PLANS, PAGE 20, RECORDS OF SPOKANE
COUNTY, WASHINGTON AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,'
BEGINNING AT POINT ON THE NORTH BOUNDARY OF DESMET COURT, SAID POINT BEING
THE CORNER COMMON TO LOTS 6 AND 7 OF SAID BINDING SITE PLAN, THENCE SOUTH
89°49'33" EAST FOLLOWING THE RIGHT OF WAY OF DESMET COURT, AS SHOWN IN SAID
BINDING SITE PLAN, A DISTANCE OF 174.95 FEET, TO A POINT OF CURVATURE OF A CURVE
TO THE RIGHT. SAID CURVE HAVING A RADIUS OF 50.50 FEET, AND A DELTA ANGLE OF
250°01'29";
THENCE ALONG SAID CURVE, A DISTANCE OF 220.37 FEET, TO A POINT OF REVERSE
CURVATURE AND THE BEGINNING OF A CURVE TO THE LEFT SAID CURVE HAVING RADIUS
OF 30.00 FEET AND A DELTA ANGLE OF 70°01'29";
THENCE ALONG SAID CURVE, A DISTANCE OF 36.66FEET,, TO A POINT OF TANGENCY;
THENCE NORTH 89'49'33" WEST, A DISTANCE OF 50.58 FEET, TO THE POINT OF CURVATURE
OF A NON TANGENT CURVE TO THE LEFT. SAID CURVE HAVING A RADIUS OF 50.50 FEET A
DELTA ANGLE OF 85°12'53", AND A CHORD WHICH BEARS NORTH 45°15"39" WEST, 68.37
FEET;
THENCE LEAVING SAID RIGHT OF WAY OF DESMET COURT, FOLLOWING SAID CURVE A
DISTANCE OF 75.10 FEET, TO THE POINT OF BEGINNING, AND THE TERMINUS OF HIS
DESCRIPTION
SAID PARCEL CONTAINS 12,8413 SQUARE FEET, OR 0.29 ACRES, 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. In this case the street to be vacated is adjacent to parcels 45131.0507,
45131.0509 and 45131.0510. The right-of-way shall be divided in half to each side of the right-of-way.
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 street 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.
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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-2020-0001), 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 (45131.0507, 45131.0509
and 45131.0510) as shown on the record of survey created and recorded with Spokane
County Auditor's Office pursuant to condition 10.
3. The following easements shall be established. Submit recording number on record of survey
and written documentation of easement for City verification.
a. An easement acceptable to Spokane County Environmental Services for access to
public sewer 30-feet in width centered on the existing pipe.
4. Applicant shall submit a Final BSP Alteration application concurrently with the record of
survey for the street vacation for review. The street vacation record of survey cannot be
recorded until the Final BSP Alteration has been approved and is ready to record. The final
map shall include the following relocated easements/dedications:
a. A 16-foot border easement adjacent to newly dedicated right-of-way.
b. A 10-foot utility easement running parallel to the border easement around the cul-
de-sac.
c. The dedication of right-of-way for a cul-de-sac with a 52.50-foot radius in
compliance with the Spokane Valley Standard Plan R-130.
5. All the existing utilities located in the right-of-way, border easement and utility easements
shall be relocated at the expense of the owner/developer prior to recording the street
vacation. Verification from all of the utility purveyors must be received prior to recording
the street vacation that their utilities have been relocated in an acceptable manner.
6. 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.
7. 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 SVSS.
8. 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.
9. 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.
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10. 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.
11. 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.
Section S. 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 27°i day of October,2020.
ATTEST:
Vi
Ben Wick, Mayor
ristine Bainbridge, City Clerk
Approved As To Form:
?.
Offic the Ci Attorney
Date of Publication: /1
Effective Date: ,// —//
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