Ordinance 22-020 street vacation CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO.22-020
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY
WASHINGTON, PROVIDING FOR A RIGHT-OF-WAY VACATION OF
APPROXIMATELY 1,539 SQUARE FEET OF UNOPENED ALLEYWAY EXTENDING
NORTH FROM APPLEWAY AVENUE, AND PROVIDING FOR OTHER MATTERS
PROPERLY RELATING THERETO.
WHEREAS, on June 28, 2022 the City Council approved Resolution 22-013 to set the public
hearing date for the Planning Commission to consider vacation of 1,539 square feet of unimproved alleyway
that extends north from Appleway Avenue; and
WHEREAS, on July 28, 2022, the Planning Commission held a public hearing and continued the
public hearing to the August 14th,2022 meeting so that additional information regarding the existing access
easement could be provided; 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(D) and Resolution 07-009, since the value of 50% of
the property is less than the street vacation application fees, no compensation is required for the right-of-
way to be vacated;and
WHEREAS, pursuant to chapter 22.140 SVMC, upon vacation of the road, the City shall transfer
the vacated property to the abutting property owner of parcel numbers 55184.1207 and 55184.1208, 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 alleyway that extends from 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 lies between two parcels owned by the applicant. The
applicant is currently constructing a multifamily development that is taking access
approximately 50' east of the alley. The smaller triangular shaped parcel abutting the
southwest boundary of the right-of-way has an area of 702 square feet. The dimensions leave
the property undevelopable. A varying width access easement provides access to a garage
located on the east side of the structure on a parcel owned by the Bambinos (parcel number
55184.1216). A gas line easement crosses a portion of the right-of-way and is necessary for
maintenance and operation of existing facilities. Other easements are located outside of the
right-of-way. All easements will remain. All parcels abutting the alley right-of-way have
direct access from Appleway Avenue. Due to the irregular shape of the north portion of the
alley it does not maintain a viable connection to that portion of the alley to the northwest.
Currently several vehicles that appear inoperable are parked in that portion of the alley
requested to be vacated and that portion of the alley extending west. It is evident the alley is
Ordinance 22-020—Vacating an alleyway extending from Appleway Avenue Page 1 of 4
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not used for public access, although testimony from Mr. Bambino, the adjacent property
owner, indicated that the alley was used for private access to the garage. A private access
easement ensures that access be maintained to the garage. The public would benefit from the
removal of old vehicles, and the development of the property in conjunction with the
multifamily complex. The vacation is expected to have no impact on the general public.
2. The area proposed to be vacated is currently unimproved and is not being used for public
access and is not required for current or future public access. Stormwater improvements are
located in Appleway Avenue and the alley is not needed for future stormwater improvements.
Since the lot to the north is under development future, stormwater improvements and access
are not anticipated
3. There is no substitution being proposed as part of the vacation. The City's review has
determined no need for a new or different public way. The alleyway is unimproved and has
not provided access to the remaining unvacated portions of the alleyway to the northwest. All
lots abutting the alley have access from Appleway Avenue and the access easement ensures
continued access to the rear of the adjacent property owned by the Bambinos. So long as
access easements are retained for the electrical facilities, the public interest is served. The
private access will be retained. The private easement has no impact on the general public.
4. The surrounding property under development takes access from the Appleway Avenue;
Future redevelopment of the adjacent properties should not be affected as the properties
have frontage on Appleway Avenue. 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. No objections by governmental agencies have been received, but the
owner of parcel 55184.1216,one of the three adjacent parcels,was concerned that the existing
access easement would not adequately provide access to the garage in the rear of his property.
A review of the access easement concluded that adequate access would be maintained by the
existing easement.
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,than the average of the adjacent property
values per square foot will be used.
Based on the average assessed value of the adjacent properties,$153.90 is 50%of the assessed
value. Therefore, $153.90 minus the $1,420 application fee equals $-1,266.10. The
unimproved portions of the unnamed alleyway is less than the application fee and thus,
pursuant to Section 1(2) of Resolution 07-009, no fee may be required from the applicant.
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 in Exhibit
A—Land Description.
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 three abutting owners and all of the property will become part of parcel
Ordinance 22-020—Vacating an alleyway extending from Appleway Avenue Page 2 of 4
numbers 55184.1207 and 55184.1208 equally; parcel number 55184.1216, owned by the Bambinos, will
not receive any property as the right-of-way originated from Lot 34, Block 12, of the Corbin Addition to
Greenacres Plat which is the property owned by Cameo Lofts. 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 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-2022-0002),
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 to the owner of the abutting parcels
(55184.1207 and 55184.1208) as shown on the record of survey created and recorded
with Spokane County Auditor's Office pursuant to condition 5. Such property shall
become part of each abutting parcel.
3. An easement shall be established acceptable to AVISTA 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
4. All easements shall be retained on the record of survey.
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 ingress and egress,construction,repair
and maintenance of existing and future utilities and services, shall be completed.
6. 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 proponent. The City shall not and does not,
assume any financial responsibility for any direct or indirect costs for the transfer of
title.
7. 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.
8. 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.
9. All conditions of City Council authorization shall be fully satisfied prior to any transfer
of title by the City.
Ordinance 22-020—Vacating an alleyway extending from Appleway Avenue Page 3 of 4
Section 6. Closin 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 8. Effective Date. This Ordinance shall be in full force and effect five days after
publication of this Ordinance or a summary thereof hi the official newspaper of the City of Spokane Valley
as provided by law.
PASSED by the City Council this 27'1' day of September, 2022.
ATTEST. LLT
Pamela Haley, Mayor
l
hristine Bainbridge, City Clerk
Approved As : : ,..:
Ala
Office of 4 City AA
Date of Publication: "i'(1- d 9 ` d J .
Effective Date: / ) -/a-`av,a_
Ordinance 22-020—Vacating an alleyway extending from Appleway Avenue Page 4 of 4
Exhibit A - Land Description
A parcel of land being a portion of an un-named alley as shown on Record of Survey
Boundary Line Adjustment File No. BLA-2021-0061, filed as Auditors Number 7185757
and Volume 191 of Surveys, Page 94, records of Spokane County, Washington, lying in
the Southeast Quarter of the Southeast Quarter and the Northeast Quarter of the
Southeast Quarter of Section 18, Township 25 North, Range 45 East, Willamette
Meridian, City of Spokane Valley, Spokane County, Washington, more particularly
described as follows:
COMMENCING AT the Southeast Corner of said Section 18, being a 2-inch aluminum
cap, from which the South Quarter Corner bears North 89°51'53"West 2655.32 feet;
thence along the East line of said Section 18 North 0°18'32" West 1628.24 feet to the
intersection of said East line and the centerline of Cowley Avenue, said point being a 1/2"
rebar with yellow plastic cap marked PLS 45786; thence along the centerline of said
Cowley Avenue North 89°45'17"West 669.77 feet to a 1/A" rebar with yellow plastic cap
marked PLS 45786; thence leaving said centerline South 0°10'47" East 25.66 feet to a
rebar with yellow plastic cap marked PLS 55289; thence South 0°08'23" East
485.67 feet to the Northerly right-of-way of Appleway Avenue, said point being a 5/8"
rebar with yellow plastic cap marked PLS 31455; thence along the Northerly right-of-
way of said Appleway Avenue South 72°07'00" West 117.74 feet to the Easterly right-of-
way of laid un-named alley,said point being a 5/8" rebar with red plastic cap marked PLS
55829, the TRUE POINT OF BEGINNING;
thence along the Easterly right-of-way of said un-named alley North 25°44'24 West
99.19 feet to a 3A" iron pipe on the Easterly line of Adjusted Parcel 1;
thence along said Easterly line and the extension thereof South 0°08'23" East 46.29
feet to the Westerly line of said un-named alley, said point marked by a 5/8" rebar with
red plastic cap marked PLS 55289;
thence along said Westerly line of the said un-named alley South 25°44'24" East 54.69
feet to the Northerly right-of-way of Appleway Avenue, said point being a 5/8" rebar with
yellow plastic cap marked PLS 55289;
thence North 72°07'00" East 20.19 feet to the point of beginning;
containing 1,539 square feet, more or less.
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Exhibit A - Land Description
A parcel of land being a portion of an un-named alley as shown on Record of Survey
Boundary Line Adjustment File No. BLA-2021-0061, filed as Auditors Number 7185757
and Volume 191 of Surveys, Page 94, records of Spokane County, Washington, lying in
the Southeast Quarter of the Southeast Quarter and the Northeast Quarter of the
Southeast Quarter of Section 18, Township 25 North, Range 45 East, Willamette
Meridian, City of Spokane Valley, Spokane County, Washington, more particularly
described as follows:
COMMENCING AT the Southeast Corner of said Section 18, being a 2-inch aluminum
cap, from which the South Quarter Corner bears North 89°51'53"West 2655.32 feet;
thence along the East line of said Section 18 North 0°18'32"West 1628.24 feet to the
intersection of said East line and the centerline of Cowley Avenue, said point being a 1/2"
rebar with yellow plastic cap marked PLS 45786; thence along the centerline of said
Cowley Avenue North 89°45'17"West 669.77 feet to a 1/" rebar with yellow plastic cap
marked PLS 45786; thence leaving said centerline South 0°10'47" East 25.66 feet to a
1/" rebar with yellow plastic cap marked PLS 55289; thence South 0°08'23" East
485.67 feet to the Northerly right-of-way of Appleway Avenue, said point being a 5/8"
rebar with yellow plastic cap marked PLS 31455; thence along the Northerly right-of-
way of said Appleway Avenue South 72°07'00" West 117.74 feet to the Easterly right-of-
way of said un-named alley,said point being a 5/8" rebar with red plastic cap marked PLS
55829, the TRUE POINT OF BEGINNING;
thence along the Easterly right-of-way of said un-named alley North 25°44'24 West
99.19 feet to a 3/" iron pipe on the Easterly line of Adjusted Parcel 1;
thence along said Easterly line and the extension thereof South 0°08'23" East 46.29
feet to the Westerly line of said un-named alley, said point marked by a 5/8" rebar with
red plastic cap marked PLS 55289;
thence along said Westerly line of the said un-named alley South 25°44'24" East 54.69
feet to the Northerly right-of-way of Appleway Avenue, said point being a 5/8" rebar with
yellow plastic cap marked PLS 55289;
thence North 72°07'00" East 20.19 feet to the point of beginning;
containing 1,539 square feet, more or less.
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