Ordinance 23-012 street vacation CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 23-012
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY
WASHINGTON, PROVIDING FOR A VACATION OF APPROXIMATELY 6,900
SQUARE FEET OF PUBLIC RIGHT-OF-WAY SOUTH OF THE INTERSECTION OF
22" AVENUE AND GLENVIEW CIRCLE, AND PROVIDING FOR OTHER
MATTERS PROPERLY RELATING THERETO.
WHEREAS, on April 4, 2023 the City Council approved Resolution 23-005 to set the public
hearing date for the Planning Commission to consider vacation of 6,900 square feet of public right-of-way
south of the intersection of 22nd Avenue and Glenview Circle; and
WHEREAS, on April 27, 2023,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, written objections to the proposed vacation from the general public have been filed
with concerns that allowing the property owner to use the vacated right-of-way for access would create
more traffic locally; and
WHEREAS, Pursuant to SVMC 22.140.040 and Resolution 22-020,the adjacent property owner
shall provide compensation to the City for the public 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 45281.2104 and 45281.2802, 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 right-of-way south of the intersection of 22ad
Avenue and Glenview Circle 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 private property owned by
the same owner. Although it is unimproved, the City is obligated to maintain and prohibit
encroachments into the right-of-way. The adjacent property owner desires to take ownership
and maintenance of the area and improve it as part of their private property. The City's
Senior Traffic Engineer supports the vacation with driveway access as proposed on the site
plan approved with the Trip Generation and Distribution Letter. The proposed driveway
would be located to the west of the proposed vacation, and the area to be vacated would
have curbing installed. The vacation of this right-of-way will better serve the public by
reducing maintenance obligations of the City, eliminating a potential safety hazard at an
existing street intersection, and allowing full development of the adjacent private property.
2. The area proposed to be vacated is currently unimproved and is not being used for public
access. The street is no longer required for public use or access and is not required for
current or future public access or use. Additionally, development immediately to the south
precludes the extension of the public street in its current alignment.
3. There is no substitution being proposed as part of the vacation. The City's review has
Ordinance 23-012—Vacating public right-of-way south of 22"d Avenue and Glenview Circle Page 1 of 4
determined there is no need for a new or different public way. The right-of-way was
originally dedicated in 1968 as part of the plat for Glenview Acres 3rd Addition as the fourth
leg of the intersection between 22nd Avenue and Glenview Circle. The south leg of the
intersection, and the large tracts of land south of 22nd Avenue have remained largely
undeveloped. As a result, the intersection between 22nd and Glenview has functioned as a
three-way intersection since its initial construction. No additional right-of-way is needed to
substitute the subject right-of-way to be vacated.
4. Development immediately to the south precludes a future extension of the public street. No
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; 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. Public objections to the proposed vacation were
received prior to and during the public hearing, with concerns that allowing the property
owner to use the vacated right-of-way for access would create more traffic locally. In
response to public testimony, during deliberations the Planning Commission made a
recommendation to extend the sidewalk being installed by the applicant as part of the Oaks
Academy construction project to the east across the vacated portion of right-of-way
consistent with the extension of the curb,which is also required as a condition of approval.
6. Resolution 22-020 was adopted pursuant to RCW 35.79.030 to set the City's policy for
imposing vacation charges. Pursuant to Section 1 of Resolution 22-020:
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 if the subject
property being vacated was initially acquired by the City through dedication.
i. The appraised value of the property being vacated shall be the same as the
assessed value of an equivalent portion of the property adjacent to the proposed
vacation as established by the Spokane County Assessor at the time the matter is
considered by the City Council.
ii. If the value of the adjacent properties differs, then the average of the adjacent
property values per square foot shall be used.
Based on the average assessed value of the adjacent property and the approximate square
footage of the right-of-way to be vacated, $15,112.51 is 50% of the assessed value and
would be the cost to purchase the right-of-way to be vacated. The exact cost the applicant
shall pay the City to purchase the right-of-way shall be determined by the actual square
footage of the right-of-way to be vacated according to a record of survey provided by 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 as
follows:
The unnamed street located between and adjacent to Lot 4, Block 5 and Lot 1, Block 6 Glenview
Acres 3'd Addition, recorded in Book 9 of Plats,page 15, records of Spokane County, Washington
in the Southwest Quarter of the Northeast Quarter of Section 28, Township 25 North, Range 44
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 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 are two adjacent parcels, and the property in
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question will become part of parcel numbers 45281.2104 and 45281.2802. Both parcels are owned by the
Oaks Education Association. 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. Initial work to satisfy the conditions of the street vacation (File No. STV-2023-0001),
including all conditions below, shall be submitted to the City for review within 90 days
following the effective date of approval by the City.
2. The vacated property shall be transferred one half to each owner of the abutting parcels,
parcel numbers 45281.2802 and 45281.2104, as shown on the record of survey created
and recorded with Spokane County Auditor's Office pursuant to Condition 3 below.
Such property shall become part of each abutting parcel.
3. 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.
4. The adjacent property owners shall purchase from the City the public right-of-way to be
vacated consistent with Resolution 22-020. The exact cost of purchase shall be
determined by the final square footage of the area to be vacated according to the record
of survey.
5. An easement acceptable to Lumen and Modern Electric Water Company for access and
maintenance of existing utilities within the area to be vacated shall be established. The
location and recording number shall be shown on the record of survey.
6. Prior to recording the record of survey, the existing curb returns at Glenview Circle shall
be removed and Type 'A' curb and sidewalk shall be installed along 22nd Avenue
across the vacated portion of Glenview Circle, per Spokane Valley Street Standards
(SVSS). The applicant shall meet the following requirements during and after
construction:
a. Construction within the public right-of-way shall be performed under the
direct supervision of a licensed Washington State Professional Engineer and
in accordance with the Spokane Valley Street Standards. All work is
subject to inspection by the City of Spokane Valley Development
Engineering Construction Inspector.
b. 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.
c. A Warranty Surety shall be provided for the public improvements per SVSS
Chapter 9.
7. The existing driveway approach for 11706 E. 22nd Avenue shall be extended to the
required Type 'A' curb and sidewalk installed per SVSS,prior to recording the record of
survey.
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8. Any unpaved area located north of the required Type 'A' curb within the proposed
vacated area shall be paved per SVSS, prior to recording the record of survey.
9. All direct and indirect costs of the title transfer of the vacated right-of-way 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.
10. The zoning district designation of R-2, which applies to the properties adjoining the
street to be vacated, shall be automatically extended over the entirety of the vacation,
and all area included in the vacation shall then and henceforth be subject to all
regulations of the district. The adopting Ordinance shall specify this zoning district
extension inclusive of the applicable zoning district designations.
11. 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.
12. All recording fees shall be paid by the proponent prior to recording.
13. 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 30th day of May,2023,
ATTES Q' -
Pam Haley,Ma
ristine Bainbridge, City Clerk _.
Approved As To Form:
eiee of the city Attorney
Date of Publication: (69 3 2'c3
Effective Date: 6 -
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