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),
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