Ordinance 22-002 Street vacation CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 22-002
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY
WASHINGTON, PROVIDING FOR A RIGHT-OF-WAY VACATION OF
APPROXIMATELY 7,584 SQUARE FEET ON THE SOUTH SIDE OF APPLEWAY
AVENUE ADJACENT TO PARCELS 45201.0513 AND 45202.0813 AND PROVIDING
FOR OTHER MATTERS PROPERLY RELATING THERETO.
WHEREAS., on August 3, 2021, an application for vacation was filed requesting the vacation for
a portion of Appleway Avenue, 32 feet by 237 feet, approximately 7,584 square feet; and
WHEREAS, on August 31, 2021, the City received all required application materials to be
determined a complete application to begin processing; and
WHEREAS, on September 28, 2021, the City Council by Resolution 21-007 set a public hearing
date for October 28,2021,with the Planning Commission; and
WHEREAS, on October 28, 2021,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 property to be vacated filed a written
objection to the proposed vacation with the City Clerk; and
WHEREAS, pursuant to SVMC 22.140.040 and Resolution 07-009, no compensation is required
for the vacation; and
WHEREAS, pursuant to chapter 22.140 SVMC, upon vacation of the road, 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; and
WHEREAS, the City Council desires to vacate the above portion of Appleway Avenue 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 abutting two vacant parcels owned by Derek Apartments,
LLC. The area proposed to be vacated is unimproved land. Within the vacated area, a 15
foot by 20-foot easement shall be created as a drainage easement reserved for drywell
maintenance. Power and cable lines intersect the vacated area, and easements to preserve
Modern Electric Water and Power (MEWCO) and Century Link utilities are required. The
area proposed to be vacated has existing services from MEWCO and Century Link.
MEWCO provided a layout of all services to the Applicant to be submitted with the
application material. No comments from MEWCO were received during the comment
period. Century Link comments were provided with the application submittal, and formal
comments were received during the comment period asking for an easement to protect
existing services. The request for easements is included in the recommended conditions.
The vacation is expected to have no impact on the general public.
Ordinance 22-002—Vacating a portion of Appleway Avenue Page 1 of 4
2. The subject ROW is currently vacant land not being utilized for public access and is not
required for current or future public access. The stormwater improvements to Appleway
Avenue have been installed north of the area proposed to be vacated, except for a drywell
that handles drainage from Appleway Avenue, that will be preserved in an easement. Should
future development require improvements, the improvements will be reviewed and right-of-
way needs assessed. The City reached out to Spokane Transit Authority two times, and no
comments or requirements for public use or access were requested.
3. There is no need for a new and different public way. So long as access to the drywell for
maintenance is provided, the public interest is served. The owner, Derek Apartments, LLC,
of three parcels directly west of vacated area dedicated public right-of-way as part of a
stormwater improvement project along Appleway Avenue.
4. It is not anticipated that changes would occur in the future which would require the use of
the subject right-of-way for public access. Should future development require
improvements,the improvements will be reviewed, and right-of-way needs assessed.
5. No objections or public comment were received.
6. 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.
ii. If the value of adjacent properties differs,the average of the adjacent property
values per square foot will be used.
Based on the average assessed value of the adjacent properties, $1,061.76 is 50% of the
assessed value. Therefore, $1,061.76 minus the $1,365.00 application fee equals $-303.24.
The portion of Appleway Avenue is less than the application fee and thus, pursuant to
Section 1(2) of Resolution 07-009, no fee shall be required from the applicant.
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 Iegally described as follows:
A parcel of land, portion of Tract 242 and 225 of the plat of Opportunity, as recorded with Spokane
County in Book 'K' of plats Page 20, located in the Northeast quarter of the Northwest quarter, and the
Northwest quarter of the Northeast quarter of section 20, Township 25 North, Range 44 East, of the
Willamette Meridian, being A portion of the existing right of way of Appleway Avenue, as shown on right
of way plans for county road project 2396, pages 7 through 10, dated October 10th, 2002, and being
more particularly described as follows;
Beginning at the Northwest corner of that certain parcel of land shown as "Parcel B" in Book 150 of
Surveys, Page 65, records of Spokane County, Washington. Said point being station 141+34.97, 86.00
feet right of centerline,per said county right of way plans;
Thence North 0°05'05"East along an extension of the West line of said Parcel B, a distance of 32.85 feet,
to station 141+35.16, 54.00 feet right;
Thence along said line, 54.00 feet offset from said centerline, said line being a 32 foot offset to the
existing South right of way of said Appleway Avenue, North 89°45 '25"East, a distance of 236.78 feet, to
station 143+71.94, 54.00 feet right. Said point being along the east line of the west 126.6 feet of Tract
225 of Opportunity.
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Thence South 00°14'35"East along said right of way, a distance of 32.00 feet, to station 143+71.94, 86
.00 feet right. Said point being an angle point in the existing right of way;
Thence South 89°45'25" West along the existing right of way, a distance of 236.97 feet, to the True Point
of Beginning and the terminus of this described parcel.
Said parcel contains 7,584 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-
half to each, unless factual circumstances otherwise dictate a different division and distribution of the
street or alley to be vacated. There are only abutting owners on one side and all of the property will
become part of abutting parcels. 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 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 prior to
the transfer of title by the City.
1. Initial work to satisfy conditions of the street vacation (File No. STV-2021-0001),
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 to the owner of the abutting parcels
(45201.0513 and 45202.0813) as shown on the record of survey created and recorded
with Spokane County Auditor's Office pursuant to condition 11. Such property shall
become part of each abutting parcel.
3. The street vacation width shall be no greater than 32 feet.
4. The owner or applicant shall draft the legal description and exhibit for the now 15-foot
by 20-foot storm drainage easement, to be dedicated to the City. The City Engineer
shall receive the draft easement to review and upon acceptance by City Engineer of draft
easement document,the owner or applicant shall record said document with the Spokane
County Auditor's Office. The location and recording number shall be shown on the
record of survey and written documentation of the easement shall be submitted to the
City prior to final acceptance and all conditions have been satisfied.
5. The owner or applicant shall establish an easement acceptable to Modern Electric Water
Company for access and preservation of existing services within the area to be vacated.
The location and recording number shall be shown on the record of survey and written
documentation of the easement shall be submitted to the City prior to fmal acceptance
and all conditions have been satisfied.
6. The owner or applicant shall establish an easement acceptable to Century Link(Lumen)
for access and preservation of existing services within area to be vacated. The location
and recording number shall be shown on the record of survey and written documentation
of the easement shall be submitted to the City prior to final acceptance and all conditions
have been satisfied.
7. Following the City Council's passage of this Ordinance approving the street vacation, a
record of survey of the area to be vacated, prepared by a registered surveyor in the State
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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 owner or applicant to the City
Manager, or designee, for review and approval.
8. All direct and indirect costs of the 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 owner or applicant. 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 entire vacation, and all area included in the vacation
shall then and henceforth be subject to all regulations of the districts.
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 and this Ordinance 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 25'' day of January,2022.
ATTEST: -
Pam Haley,Mayor
hristine Bainbridge, ity Cleric
Approved As T9-1-o.rm:
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Office of h City A • ,^=
Date of Publication: 6 0
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Effective Date:_ () -&q l
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