Ordinance 22-014 street vacation Mission to Park CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO,22-014
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY
WASHINGTON, PROVIDING FOR A RIGHT-OF-WAY VACATION OF
APPROXIMATELY 7,400 SQUARE FEET OF UNOPENED ALLEYWAY
CONNECTING MISSION AVENUE TO PARK ROAD, AND PROVIDING FOR
OTHER MATTERS PROPERLY RELATING THERETO.
WHEREAS, on April 26, 2022 the City Council approved Resolution 22-004 and initiated the
street vacation and set the public hearing date for the Planning Commission to consider vacation of a 20
feet by 370 feet area of unimproved alley way that connects Mission Avenue to Park Road; and
WHEREAS, on May 31, 2022 the City Council approved Resolution 22-08 to amend Resolution
22-004 to reset the public hearing date to July 14, 2022; and
WHEREAS, on July 14,2022,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, since the city initiated the
vacation 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 prepared by the City,
and all direct and indirect costs of title transfer to the vacated street shall be paid by City; and
WHEREAS, the City Council desires to vacate the above alley way that connects Mission
Avenue to Park Road 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 abuts the rear portion of seven parcels. Each parcel takes
direct access from the front of the lot abutting either Mission Avenue, Bowman or Park
Road. AVISTA and LUMEN (formerly Century Link) have utilities located in the alleyway
and have requested to retain rights for the maintenance, construction, and reconstruction as
required. AVISTA has determined specifically where the easement will be located, but
LUMEN has not specified the exact location of the aerial utilities to date but will be required
to do so prior to finalizing the vacation. It is assumed that the aerial utilities are attached to
the AVISTA poles. The vacation is expected to have no impact on the general public.
2. The area proposed to be vacated is currently unimproved vacant land not being used for
public access and is not required for current or future public access. Stormwater
improvements are in Mission Avenue and Park Road. Stormwater improvements are not
needed. Since the lots are fully developed, future stormwater improvements are not
anticipated.
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3. There is no substitution proposed as part of the vacation. The City's review has determined
no need for a new or different public way in this location. All lots abutting the alleyway
have access from either Mission Avenue, Park Road or Bowman Road.
4. The surrounding properties are developed and take access from the improved streets. It is
not anticipated that changes would occur in the future that would require the use of the
subject right-of-way for public access.
5. Notice of the public hearing was made by posting written notice at City Hall, CenterPlace,
and the valley library; publishing notice in the Spokane Valley Herald, posting both ends of
the right-of-way to be vacated, and a direct mailing to property owners adjacent to the
proposed vacations. To date, no objections by the public or governmental agencies have
been received.
6. Resolution 07-009 was adopted pursuant to RCW 35.79.030 to set the City's policy for
imposing vacation charges. In situations where the adjoining property owners apply for a
street vacation, City council would decide whether to require compensation for the right-of-
way and when it is to be paid pursuant to Resolution 07-009. The City does not require
payment for a vacation from the property owners gaining property when the vacation is
initiated by the City.
Section 2. Property to be Vacated. Based upon the above findings, the City Council does
hereby vacate the street or alley which is incorporated herein by reference, and legally described as
follows:
The unnamed Alley located between and adjacent to Lots 1 through 6, Block 1, Park Road
Addition, recorded in Book I of Plats, page 38, records of Spokane County, Washington in the
Northeast Quarter of the Northeast Quarter of Section 13, Township 25 North, Range 43 East,
Willamette Meridian.
Situate in the 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 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 seven abutting owners and all of the property will become part of
the abutting parcels equally, with the exception of parcel numbers 35131.0106 and 35131.010. The
property abutting these two parcel numbers shall be divided amongst those two parcels as evenly and
practically allowed due to the irregular configuration. 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. The vacated property shall be transferred to the owner of the abutting parcels
(35131.0101, 35131.0102, 35131.0103, 35131.0104, 35131,0105, 35131.0106, and
35131.0107) as shown on the record of survey created and recorded with Spokane
County Auditor's Office pursuant to condition 4. Such property shall become part of
each abutting parcel.
2. The City shall establish an easement acceptable to AVISTA for access and preservation
of existing services within the area to be vacated. The location and recording number
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shall be shown on the record of survey
3. The City shall establish an easement acceptable to Lumen(Century Link)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
4. 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 completed.
5. 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.
6. 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.
7. 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 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 30'a' day of August,2022.
U431
ATTEST.
Pamela Haley, Mayor
hristine Bainbridge, City Clerk
Approved As • Form:
ALIr . I
O ice 5 the City Attorney
Date of Publicatioi -c)1L),)
Effective Date: /! -67
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