Ordinance 23-001 street vacation CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO.23-001
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY
WASHINGTON, PROVIDING FOR A VACATION OF APPROXIMATELY 21.5
SQUARE FEET OF UNIMPROVED PUBLIC RIGHT-OF-WAY ADJACENT TO
UNIVERSITY ROAD AND PROVIDING FOR OTHER MATTERS PROPERLY
RELATING THERETO.
WHEREAS, on October 25,2022,the City Council approved Resolution 22-019 setting the public
hearing date of December 8, 2022, for the Planning Commission to consider vacation of 21.5 square feet
of public right-of-way adjacent to University Road; and
WHEREAS,on December 8,2022, 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,no members of the public have 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 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 number 45291.0125, the zoning district
designation of the property adjoining the right of way 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 right of way
shall be paid by the proponent or recipient of the transferred property; and
WHEREAS,the City Council desires to vacate the above right-of-way adjacent to University 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 is surrounded on three sides by the parcel owned by the
applicant. This results in a small intrusion of public right-of-way extending from University
Road into the applicant's property.The area as right-of-way requires maintenance by the City,
the applicant desires to take ownership and maintenance of the area and improving it as part
of their private property. The vacation of this right-of-way will better serve the public by
reducing maintenance obligations and allowing full development of the private property. 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 or use.Stormwater improvements
within and access to the adjacent parcel would be conditioned at time of future development.
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 purpose for this right-of-way
was for a school zone beacon, which is no longer present at this location.The previous
beacon was moved to a different location with improved visibility. Only the foundation for
the former beacon remains within the subject right-of-way.No additional right-of-way is
Ordinance 23-001—Vacating public right of way adjacent to University Road Page 1 of 3
needed to substitute the subject right-of-way to be vacated.
4. Properties adjacent to the site in question have access along University Road. It is not
anticipated that changes would occur in the future that would require the use of the 21.5 square
feet of 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; and posting at the
right-of-way to be vacated. A direct mailing was sent to property owners adjacent to the
proposed vacation, which in this case included the applicant because their property surrounds
the right-of-way on three sides.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. 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 property, $48.37 is 50% of the assessed
value.Therefore,$48.37 minus the$1,420 application fee equals$-1,371.63.The value of the
unimproved public right-of-way 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 1 Property to be Vacated. Based upon the above findings, the City Council does
hereby vacate the public right-of-way 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 public right-of-way 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 is one abutting owner, and all of the property in question will become
part of parcel number 45291.0125, owned by the Ann S. Easterly 2018 Living Trust. 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 property 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 parcel 45291.0125.
2. 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.
Ordinance 23-001 —Vacating public right of way adjacent to.University Road Page 2 of 3
3. 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.
4. The zoning district designation of the properties adjoining the right-of-way 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.
5. 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.
6. 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 8. 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 17th day of January,2023.
ATT q _
Pamela Haley Mayor
iristine Bainbridge, City Clerk
Approved As To Form:
1 _�
Office oigthe City Attorney
Date of Publication: 01-27-2023
Effective Date: 02-01-2023
Ordinance 23-001 —Vacating public right of way adjacent to University Road Page 3 of 3
08/26/2011 12:23:35 P11 6023828
Recording Fee
364.00 Page 1 of 3
• Resa l u t i on SPOKANE, COUNTY ETIG RD{i I N
Spokane County Washington
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After Recording Return To:
Spokane County Engineer's Office Project v -4/29
Attn.: Engineering Administration R E L is 0 V E D
1026 West Broadway Avenue
Spokane,WA 99260-0170 SEP 2 8 2021
COSY PERMIT CENTER
SUB # REV. #
Document Title: Resolution No. 11-0698
Reference Number of Related Documents: N/A
Grantor: Government, County of Spokane
Grantee: Government, City of Spokane Valley
Legal Description: NE 1/4 of Section 29, Township 25 North, Range 44 East, W.M., Spokane
County, WA
Assessors Tax Parcel ID Number: Portion of 45291.0125
•
The County will rely on the information provided on this form. The Staff will not read the document
to verify the accuracy or completeness of the indexing information provided herein.
EXHIBIT "C" - County Resolution 11-0698 - attached to Street Vacation Application Page 7 of 12
Aft Recording Return to: Spokane County Engineer
Ann: Engineering Administrnticm,
1028 W Brosdvrsy Ave.,
Spokane WA 99260
RESOLUTION NO. ii— C 'q$
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY,WASHINGTON
IN THE MATTER OF DEDICATION OF
COUNTY GENERAL OWNED PROPERTY FOR )
RIGHT OF WAY PURPOSES TO THE CITY OF ) RESOLUTION
SPOKANE VALLEY
COUNTY ENGINEER'S ROAD FILE NO. 1504
WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board of County
Commissioners of Spokane County(hereinafter sometimes referred to as the"Board")has the care
of County property and the management of County funds and business;and
WHEREAS,pursuant to the provisions of RCW 36.34.290 and RCW 36.34.300 the Board
of County Commissioners may dedicate any county land to public use for public streets and alleys
in any city or town;and
WHEREAS, the City of Spokane Valley has requested that a school flashing beacon at
l6'"and University be located on County property showing the speed of the cars near University
Elementary School;and
WHEREAS,the County Engineer deans it to be in the best interest of the public that the
property that the beacon sits upon should be a part of the road right-of-way;and
WHEREAS, the portion to be dedicated for road right of way has the following legal
description:
That portion of Parcel "A" described as follows, commencing at the North
East Corner of said Parcel "A" being the South East corner of that Tract of
Land as shown on Record Of Survey Book 144 page 94 Spokane County
Auditor's Office;Thence S 02° 39' 29"W along the West right of way line of
University Road a distance of 10.02 feet to The True Point Of Beginning of
this dedication;Thence N 89'55'44"W parallel with the South line said Tract
a distance of 4.42 feet; Thence S 00° 04' 18" W a distance of 6.00 feet;
Thence S 89°55'44" E a distance of 4.19 feat to said West right of way of
University Road; Thence N 02° 39'29" E along the West right of way line of
said University Road a distance of 5.01 feet to The True Point Of Beginning:
Containing 21.51 sq feet more or less.
Parcel"A"
Lots 4 and 5 and the east 20 feet of Lots 3 and 6, Block"A" of Chester
Hills Addition,as per plat thereof recorded in Volume I of Plats, Page
92.
Except the north 50 feet of Lots 3 and 4 of said Chester Hills Addition.
Except.University Road
Located in the Northeast Quarter (NE 'h) of Section 29, Township 25
North,Range 44 East W.M.Spokane County,Washington.
EXHIBIT "C" - County Resolution 11-0698 - attached to Street Vacation Application P.:ge 8 of 12
WHEREAS,the Spokane County Engineer deems it in the best interests of the public that
the previously described beacon property be dedicated to the City of Spokane Valley for streets and
recommends approval of this dedication for roadway purposes;and
THEREFORE BE IT RESOLVED by the Board of County Commissioners of Spokane
County, Washington, pursuant to the provisions of RCW 36.32.120(6)and RCW 36.34.290,that
the Board does hereby approve the recommendation of the County Engineer and that the property
be dedicated to the City of Spokane Valley for right of way purposes.
ADOPTED by the Board of County Commissioners of Spokane County. Washington this
16t day of August,2011. _ .,.
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Al French,Cha'
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ATTEST: �' _- To fiel)ce,Vice-Chair
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Daniela Erickson //— et,99, M Richard,Commission
Clerk of the Board
STATE OF WASHINGTON )
) as.
County of Spokane )
On this/ day of ,2011.before me,the undersigned,a Notary Public in
and for the State of Washington, dulissioned and sworn, personally appeared Al French,
Todd Midke,and Mark Richard to me known to be the Commissioners of the Board of County
C mmicsioners of Spokane County,a political subdivision of the State of Washington,that executed
the within and foregoing instrument, and acknowledged the said instrument to be the free and
voluntary act and deed of said political subdivision,for the uses and purposes therein mentioned,and
on oath stated that they were authorized to execute said instrument,and that the seal affixed is the seal
of said County.
IN WITNESS WHEREOF,I have hereunto set my hand>m affixed my seal the day and
year first written above. /C
NOTARY PUBLIC in and for the State of
Washington,residing ats 5�
�"�� My commission expires: /
Agreed to this /Cgi'7/ day of ,201l. ,555rYilltrrr,,
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EXHIBIT "C" - County Resolution 11-0698 - attached to Street Vacation Application Ptige 9 of 12
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