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Ordinance 21-002 granting Montgomery and Bessie Street VacationCITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 21-002 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY WASHINGTON, PROVIDING FOR A RIGHT-OF-WAY VACATION OF APPROXIMATELY 18,887 SQUARE FEET OF MONTGOMERY AVENUE AND 4,635 SQUARE FEET OF BESSIE ROAD ADJACENT TO NINE PARCELS (45074.2309, 45074.9084, 45077.0002 45074.0223, 45074.0222, 45074.0221, 45074.0220, 45074.0219 & 45071.9089) AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO. WHEREAS, on August 7, 2020, a completed application for vacation was filed requesting the vacation of Montgomery Avenue and Bessie Road totaling approximately 23,522 square feet; and WHEREAS, on September 22, 2020, the City Council by Resolution 20-013 set a public hearing date for October 22, 2020 with the Planning Commission; and WHEREAS, on October 22, 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 recommended approval of the street vacation with conditions; 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 as provided in this Ordinance. In this particular case, the vacated property shall be transferred to parcels 45074.0223, 45074.0222, 45074.0221, 45074.0220, 45074.0219 & 45071.9089; 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 with the exceptions noted, and no utilities are located within the right-of-way. The right-of-way is overgrown with weeds and hasn't been maintained by the City in the past. The street vacation would eliminate the unmaintained right-of- way and allow that area to be improved and maintained by the adjacent properties through infill development. Infill development on these parcels will enhance the City's tax base and remove undeveloped right-of-way from the City's maintenance division. 2. The subject right-of-way is unimproved and not being utilized for public access. There are no means of future connection that would enhance public access because much of the right-of-way is substandard to the City's current standards. City staff determined that the existing street network provides sufficient level of service and the right-of-way is not anticipated to be needed in the future. Ordinance 21-002 - Street Vacation STV-2020-0002 Page 1 of 6 3. Public access is not needed in this area because no properties currently utilize the right-of-way for access and the aggregation of the properties would alleviate the need for an access road. The infill development that occurs will either provide access on -site via private streets or from the currently developed right-of-way via private driveways. There is no need for a new and different public way. Parcels 45074.9084 and 45074.2309 owned by Kenneth Ward, and parcels 45074.0222, 45074.0221, 45074.0220 and 45074.0219 owned by Montgomery Apartments LLC currently only have legal access from the undeveloped portions of Bessie Road and Montgomery Avenue proposed to be vacated. Due to the common ownership among these groups of parcels, a boundary line adjustment or access easement is feasible and shall be required as part of the street vacation to provide access to these parcels. 4. Based on the Comprehensive Plan, it is not anticipated that changes will occur in the future that would require the use of the Bessie Road and Montgomery Avenue right-of-way for public access. 5. The adjacent property owners who signed the application include Kenneth Ward (45074.2309; 45074.9084), Montgomery Apartments LLC (45074.0219; 45074.0220; 45074.0221; 45074.0222) & Argonne/Montgomery Storage LLC (45071.9089). The only adjacent land owner who did not sign the application was the Burlington Northern Santa Fe Railway who received the application materials and provided no objection to the proposal. 6. On October 22, 2020, the Planning Commission conducted a properly noticed public hearing on the proposed street vacation. Significant public comment was received on the proposal. The primary objections concerned the potential for a multi -family development on parcel's 45074.0219; 45074.0220; 45074.0221; 45074.0222. Multifamily uses are currently permitted in the multi -family zoning district, and subject to the administrative review by staff for consistency with the regulations. The street vacation has no effect on the permitted uses. 7. The subject ROW is adjacent to parcels 445074.2309, 45074.9084, 45077.0002 45074.0223, 45074.0222, 45074.0221, 45074.0220, 45074.0219 and 45071.9089. After the Planning Commission conducted the public hearing on October 22, 2020, the City received information clarifying that Bessie Road was created by dedication as part of the Vista Gardens No. 4 Plat (abutting parcel 45074.0223). The City also received an email from the Applicant that Burlington Northern Santa Fe Railway did not desire to receive any portion of Montgomery Avenue. Based on these additional facts and pursuant to SVMC 22.140.040(C), the 25-feet of Bessie Road shall be retained by parcel 45074.0223. Secondly, the full width of that portion of Montgomery Avenue adjacent to the BNSF Railway shall be retained by parcels 45074.0223, 45074.0222, 45074.0221 and 45074.0220. Lastly, the portion of Montgomery Avenue abutting parcels 45074.0219 and 45071.9089 shall be divided half to each parcel from the centerline of the right- of-way. The title shall vest to each parcel for the division indicated above. 8. 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. Ordinance 21-002 - Street Vacation STV-2020-0002 Page 2 of 6 45074.0223 45074.0222 45074.0221 45074.0220 45074.0219 45071.9089 ii. If the value of adjacent properties differs, then the average of the adjacent property values per square foot will be used. $37,800 32,287 $1.17 $21,280 ;8,293 $2.56 $21,280 9,993 $2.12 $22,400 10,567 $2.12 $22,400 10,568 $2.12 $176,600 44,151 $3.99 2 Average appraised value per ft Square feet of Bessie Road & Montgomery Avenue Appraised value for the area of street vacation 50% of appraised value $234 23,522 ft 2 23,522 ft x $2.34 = $55,041.48 $55,041.48 x 50% _ $27,520.74 Subtracting amount paid for application processing $27,520.74 - $ 1,365.00 = $26,155.74 Estimated value of Bessie Road & Montgomery Avenue = $26,155.74 Based on the average assessed value of the adjacent properties and the total area of 23,522 square feet based upon the legal description in Section 2 below, $27,520.74 is 50% of the assessed value. Therefore, $27,520.74 minus the $1,365 application fee equals $26,155.74 as the applicable cost for the vacated property. 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: BESSIE ROAD VACATION THAT PORTION OF BESSIE ROAD LYING BETWEEN THE SOUTH RIGHT OF WAY OF MONTGOMERY AVENUE, AND THE NORTH RIGHT OF WAY OF MANSFIELD AVENUE. SAID PORTION CONTAINS 4,635 SQUARE FEET, MORE OR LESS. MONTGOMERY AVENUE VACATION THAT PORTION OF MONTGOMERY AVENUE LYING BETWEEN THE WESTERLY RIGHT OF WAY OF BESSIE ROAD AND THE EAST LINE OF LOT 3, BLOCK 1 OF VISTA GARDENS NO 4, AS RECORDED IN BOOK 4 OF PLATS, PAGE 28, RECORDS OF SPOKANE COUNTY, WASHINGTON. SAID PORTION CONTAINS 18,887 SQUARE FEET, MORE OR LESS. TOTAL AREA: 23,522 SQUARE FEET, 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 - Ordinance 21-002 - Street Vacation STV-2020-0002 Page 3 of 6 half to each, unless factual circumstances otherwise dictate a different division and distribution of the street or alley to be vacated. In this case, factual evidence was presented which necessitates an alternative division of right-of-way. Firstly, the 25-feet of Bessie Road shall be retained by parcel 45074.0223. Secondly, the full width of that portion of Montgomery Avenue adjacent to the BNSF Railway shall be retained by parcels 45074.0223, 45074.0222, 45074.0221 and 45074.0220. Lastly, the portion of Montgomery Avenue abutting parcels 45074.0219 and 45071.9089 shall be divided half to each parcel from the centerline 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. 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-2020-0002), 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 parcels (45074.0223; 45074.0219; 45074.0220; 45074.0221; 45074.0222; 45071.9089) pursuant to Section 3 above and as shown on the record of survey created and recorded with Spokane County Auditor's Office pursuant to condition 9. 3. A Boundary Line Adjustment (BLA) application to consolidate the parcels or access easement is required to be submitted and approved prior to recording the record of survey for the street vacation for parcels 45074.0219; 45074.0220; 45074.0221 and 45074.0222 and parcels 45074.9084 and 45074.2309 to ensure access is maintained. The BLA or access easement may be accommodated with the record of survey for the street vacation. 4. Prior to recording the street vacation of Bessie Road and Montgomery Avenue, the following requirements shall be satisfied: a. The existing curb return at the northeast corner of Bessie Road and Mansfield Avenue shall be removed and Type 'A' curb shall be installed along Mansfield Avenue across the vacated portion of Bessie Road per Standard Plan R-102. b. The existing drywell at the northeast corner of Bessie Road and Mansfield Avenue shall be removed and replaced with a new Type 'A' drywell approximately 7' to the south at the new curb line along Mansfield Avenue per Std. Plan S-102. A Type 1 (bypass) metal grate shall be installed with the drywell per Std. Plan S-121. c. Construction within the public right-of-way shall be performed under the direct supervision of a licensed Washington State Professional Engineer and in accordance to the Spokane Valley Street Standards. All work is subject to inspection by the City of Spokane Valley Development Engineering Construction Inspector. d. Upon completion of the improvements, a Construction Certification package per SVSS Chapter 9 shall be submitted and approved prior to recording of the Street Vacation Ordinance. e. A Warrant Surety shall be provided for the public improvements per SVSS Chapter 9. 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 Ordinance 21-002 - Street Vacation STV-2020-0002 Page 4 of 6 utilities and services, shall he Submitted by the proponent to [ho City Munugcr, or designee, for review. 6. The surveyor shall locate u monument at the (n|omou1ion of the ocn0:dinc of the vuou<cd right-of-way with each street or right-of-way in accordance with the standards established by thoS\/BS. 7. All direct and indirect cmdu of title transfer of the vacated street fi-orn public to private ownership, inc|udinO but not limited to, ddc company charges, copying fees, and recording ftcx shall be paid by the proponent. Tile City shall not and does noiaosuouc 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 ohoU be automatically extended totile center otSuch vacation except iuthe case ofBessie Road io which the uu\irc 25 feet of right-of-way ahu|| be retained by parcel 45074.0223 from which it was originally platted as pail of the Vista Gardens Number 4 Plat oil August 05, 1955and Montgomery Avenue adjacent to the 0NSF Rui|vvuY property in which all the right-of-way nho|| heretained by tbo properties np/ncd Diamond Rock and K4on{gonocry Apartments i[C (parcel numbers 45O74.O223,45O74.0222,45074.022l and 45074.0230). All area included in the vacation xhu|| then and henceforth be cuNoc1 to all regulations of the districts. The adopting Ordinance ohuU specify this zoning district extension inclusive ofthe applicable zoning district designations. 9. The record of survey and certified copy of the Ordinance shall be recorded by the City Clerk in tile office of tile Spokane County Auditor. 10. All conditions ofCity Council authorization shall be fully mAiyDod prior to any transfer of title by tile City. \|. Payment in tile arnount ot.'$26,155.74 shall be paid to tile City by the property owner(s) requesting vacation. Section 6. Closing. Following satisfaction of the above conditions, the City Clerk shall record u ucdifiod copy of this ()u|iounu: in the office of the Com/ty Auditor, and the City Manage]- is authorized to execute and finalize all necessary documents in order to complete the transfer of the property identified herein. Seution7. 8nvcnohi|i1y. /[ any section, sentence, clause nrphrase o[this Ordinance shall ho held to be invalid mr unuonobk/{imnx| by u court Of uuoupctcni jurisdiction, euch invalidity or unconstitutionality shall not affect the validity orconstitutionality o[any other section, sentence, clause or phrase o[this Ordinance. Section 0. Effective Date. This Ordinance shall be in full force and effect five days after publication of this Ordinance or u u/mmnry thereof in dlo official newspaper of the City of Spokane \/u||ey as provided by |uvv. PASSED by the City Omnci|this |91"day ol.']uuuary,202l. ATTEST: Ben Wick, Mayor Ordinance %1'002'Street Vacation S3V'Z0%0-000Z Page 5 of 6 Christine Bainbridge, City Clerk Approved As 1'4-Eu1r r. Office oftjCitY A1Thrney Date of Publication: Effective Date: '62), Ordinance 21-002 - Street Vacation STV-2020-0002 Page 6 of 6