Ordinance 20-025 Garland Ave street vacationCITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO. 20-025
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY
WASHINGTON, PROVIDING FOR A RIGHT-OF-WAY VACATION OF A PORTION OF
GARLAND AVENUE ADJACENT TO TEN PARCELS: 55062.1404, 55062.1405, 55065.1406,
55061.1407, 55061.1408, 55065.1409, 55065.1410, 55065.1411, 55065.1412, AND 55065.1413, AND
PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO.
WHEREAS, on October 20, 2020, the City Council passed Resolution 20-015 initiating the
vacation of a portion of Garland Avenue, and setting a public hearing date before Council of November
17, 2020; and
WHEREAS, on November 17, 2020, the City Council held a public hearing; and
WHEREAS, following the hearing, the City Council found that the notice and hearing requirements
of SVMC 22.140.020 had been met; 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 ten parcels:
55062.1404, 55062.1405, 55065.1406, 55061.1407, 55061.1408, 55065.1409, 55065.1410, 55065.1411,
55065.1412, and 55065.1413.; 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, ordains as follows:
Section 1. Findings of Fact. The City Council makes the following findings of fact:
1. The vacation of this portion of Garland Avenue will better serve the public by introducing more
flexibility in the development of the northeast industrial area and further economic
development within the City.
2. The area was constructed for two purposes, to serve as a detour route during construction of
the Barker Road Grade Separate project, and to implement economic development strategies
of providing access to prime industrial lands. The current alignment of Garland Avenue does
not maximize future development potential.
3. A future alignment of Garland Avenue will provide flexibility to support economic
development of the northeast industrial area as well as complete the connection between Flora
Road (west) and Barker Road (east).
4. A future alignment of Garland Avenue will provide access to future development, which as
presently configured does not maximize economic development potential.
5. No objections or public comments were received.
6. The right-of-way is adjacent to parcels 55062.1404, 55062.1405, 55065.1406, 55061.1407,
55061.1408, 55065.1409, 55065.1410, 55065.1411, 55065.1412, and 55065.1413 and title
shall vest in those parcels, and all of the parcels have common ownership.
7. Pursuant to Resolution No. 07-009, Policy for Imposing Vacation Charges Pursuant to RCW
35.70.030:
Ordinance 20-025 - Street Vacation STV-2020-0003 Page 1 of 3
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 is initiated by the City. Future Garland Avenue will be
aligned in a new location to better support future development. The City cannot
seek payment for the vacated right-of-way under these circumstances.
Section 2. Property to be Vacated. Based upon the above findings, the City Council vacates
the street legally described as follows:
That portion of Garland Avenue, cis deeded to the City of Spokane Valley by instrument recorded under
Auditor's File number 6838254, lying easterly of the easterly margin of Tschirley Road being a 60 foot
wide right-of:way as deeded to the City of Spokane Valley by instrument recorded under Auditor's File
number, 6838254, and westerly of the nest line of the east half of the southeast quarter of Section 6,
Township 25, Range 45 Fast of the Willamette Meridian, all located in City of Spokane Valley, County of
Spokane, State of Washington.
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 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 right-of-way to be vacated shall be divided amongst parcels 55062.1404,
55062.1405, 55065.1406, 55061.1407, 55061.1408, 55065.1409, 55065.1410, 55065.1411, 55065.1412,
and 55065.1413 as recorded in the record of survey which shall be created and recorded with Spokane
County as required pursuant to SVMC 22.140.090. All of the affected parcels have common ownership.
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 the
right-of-way prior to the transfer of title by the City.
1. The vacated property shall be transferred into the abutting parcels (55062.1404, 55062.1405,
55065.1406, 55061.1407, 55061.1408, 55065.1409, 55065.1410, 55065.1411, 55065.1412,
and 55065.1413) as shown on the record of survey created and recorded with Spokane County
Auditor's Office. All of the affected parcels have common ownership.
2. Following passage of this Ordinance, 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 completed.
3. Relocate utilities or establish easement(s) acceptable to utility companies for existing services
within a portion of Garland Avenue.
4. A boundary line adjustment is required to reconfigure parcels to meet general design standards
pursuant to SVMC 20.20.090.
Ordinance 20-025 - Street Vacation STV-2020-0003 Page 2 of 3
5. A 48-foot wide right-of-way dedication shall be recorded for the realigned portion of Garland
Avenue.
6. A 12-foot wide border easement shall be recorded for roadside swales and sidewalks on each
side of the realigned portion of Garland Avenue.
7. The realigned portion of Garland Avenue shall be constructed and approved pursuant to City
Street Standards.
8. Survey monuments shall be installed along the centerline curve points of the realigned portion
of Garland Avenue pursuant to Standard Plan R- I45.
9. 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.
10. 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 industrial district.
11. The record of survey and certified copy of this Ordinance shall be recorded by the City Clerk
in the office of the Spokane County Auditor.
12. 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 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 17th day of November, 2020.
ATTEST:
4'<nAiLLA.441/4_,
1�14/lit�t�C�
Christine Bainbridge, City Clerk
Approved As To Form:
4t4/V
Office he City A rney
Ben Wick, Mayor
Date of Publication: (" 94)/0
Effective Date: 112-- O2-- 2020
Ordinance 20-025 - Street Vacation STV-2020-0003
Page 3 of 3