Ordinance 25-005 STV-2025-0001CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO.25-005
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY
WASHINGTON, PROVIDING FOR A RIGHT-OF-WAY VACATION OF
APPROXIMATELY 4,042 SQUARE FEET OF ALLEY LYING EXTENDING NORTH
FROM APPLEWAY AVENUE AND LYING EAST OF LONG ROAD AND WEST OF
GREENACRES ROAD, AND PROVIDING FOR OTHER MATTERS PROPERLY
RELATING THERETO.
WHEREAS, on February 25, 2025 the City Council approved Resolution 25-002 to set the public
hearing date for the Planning Commission to consider vacation of 4,042 square feet of alley lying east of
Long Road and West of Greenacres Road; and
WHEREAS, on June 13, 2024, 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(D) and Resolution 22-020, the value of 50% of the
alley is estimated to be $17,683.75. The actual cost to be paid to the City for the right-of-way to be
vacated will be determined based on the record of survey; and
WHEREAS, pursuant to chapter 22.140 SVMC, upon vacation of the road, the City shall transfer
the vacated property to the owners of the abutting parcels on the alley (55184.1554, 55184.1555,
55184.1521 and 55184.1522); and
WHEREAS, 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 the alley extending north
from Appleway Avenue and lying east of Long Road and west of Greenacres 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 alley currently operates as a driveway to the existing Auto Sales business located
atl8,111 E Appleway Avenue. The portion of alley extending north from Appleway Avenue
is paved but not to any street standards. The remaining portion of the alley extending
northeast is not paved. The alley is not useable to the public as buildings have been
constructed within the right-of-way impeding traffic from traveling from Appleway to
connect with Greenacres Road. Vacating the right-of-way would return the property to the
adjacent private property owners to be legally used for development. This would return
property to the tax rolls and free the city from potential liability from conditions that may
arise in the dedicated right-of-way.
Ordinance 25-005 — Vacating a portion of an alley extending north of Appleway Page 1 of 5
2. The portion of the alley requested to be vacated is currently used for access to the existing
Auto Sales business located on Corson's property that includes all five properties. It does not
provide access to other properties or connectivity between Appleway Avenue and
Greenacres Road since it is impassable. It is noted that the Auto Sales site is made up of 5
separate parcels. Parcel number 55184.1809 only has access off the alley, and parcel
55184.1511 is land locked. BLA-2024-0026 will consolidate the four parcels west of the
alley to two parcels. Parcel A will have direct access from Appleway Avenue and parcel B
will have access off the existing alley. If the alley is vacated Parcel B will not have access.
Parcel 455184.1521, lying on the east side of the alley, cannot be included in the BLA as
lots cannot be bisected by right-of-way. The lot can be consolidated with Parcel B ensuring
that all properties have access to Appleway Avenue. As noted on the site plan, Parcel
#55184.1521 is intended to provide parking for the Regal Care Center project and functions
as a portion of the site.
CB Quenchers, located on Mr. Carroll's property, would still have alley access to the rear of
the building by entering the alley from Greenacres. CB Quenchers currently has direct
access from Appleway Avenue. No other properties would be directly affected by vacating
the 185' segment of alley as they would all retain access from Appleway Avenue.
The site plan for the Regal Care Project indicates that if the sheet vacation request is granted
that parcel #55184.1521 will be used as a seamless portion of the healthcare complex to
provide parking. Vacating the right-of-way eliminates the bisection of the complex by right-
of-way and allows Regal Care Center to incorporate the entire area effectively into the
design. This would eliminate design constraints such as prohibiting vehicles on commercial
property from backing out onto public right-of-way and setback requirements.
Water, gas, and electric lines exist throughout the right-of-way. Existing sewer and cable
lines are located outside of the right-of-way and not affected by request. Consolidated
Irrigation District #19 (water) and Avista (gas and electric) have requested an access and
maintenance easement. Their continued service needs are met if an easement is provided
There is no substitution being proposed as part of the vacation. The City's review has
determined there is no need for a new or different public way. The right-of-way is unusable
to the public due to the encroachment of the buildings. It is currently being used by the
adjacent property owner to serve the existing business. Vacating the right-of-way would
return the property to the tax rolls and remove the maintenance responsibility from the City.
So long as access easements are retained for existing utilities, the public interest is served.
4. The property is zoned Corridor Mixed Use which allows for a variety of commercial, service
and residential uses. The current property owner owns 5 parcels and is in the process of
consolidating the parcels to facilitate on -site development of a residential health services
complex. Vacating the right-of-way eliminates the bisection of the site allowing the parcels
to be consolidated to eliminate property lines and associated setbacks. If the Regal Care
Project is not constructed, then the zoning allows the parcels to develop more intensely. If
the street vacation were granted, and the abutting properties were consolidated this may
increase potential for larger and more efficient development projects.
Parcel #55184.1510 and 55184.1521, both owned by the Corsons, have direct access to
Appleway Avenue. As discussed above, parcel #55184.1509 only has access via the alley
and parcel #55184.1511 has no access. Both parcels are included in BLA-2024-0026 that
would combine parcel's 551984.1552, 55184.1510, and 55184.1511 and 55184.1509 into 2
parcels that take access either from Appleway Avenue or the alley. The consolidation of
Parcel B within BLA-2024-0026 and parcel #55184,1521 ensures that all lots have access.
Ordinance 25-005 — Vacating a portion of an alley extending north of Appleway Page 2 of 5
additional year if it is determined that good faith efforts have been undertaken.
2. The vacated property shall be transferred '/2 width to each of the property owners of
the abutting parcels located on the unnamed alley (parcel numbers at the time of
application: 55184.1509, 55184.15105 55184.1521 and 55184.1522; new parcel
numbers subsequent to BLA-2024-0026: 55184.1554, 55184.1555, 55184.1521 and
55184.1522) with the exception that the deeded area as described in AFN 369325B
shall be transferred entirely to parcel number 55184.1521. The property distribution
shall be shown on the record of survey created and recorded with Spokane County
Auditor's Office pursuant to condition 7. Such property shall become part of each
abutting parcel unless the City is provided with a signed and notarized document from
an owner forfeiting the right to acquire the right-of-way after its vacated and
authorizing it to go to the other property owner.
3. A boundary line elimination shall be included in the record of survey that results in
the consolidation of Parcel B of BLA-2024-0026 and parcel #55184.1521, or some
other consolidation of the property i.e. consolidation of Parcel A and B, ensuring that
the new parcel has access to Appleway Avenue.
4. The adjacent property owner(s) 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. The applicant shall establish an easement acceptable to Avista for gas and electric
services located in the alley. The easement shall be recorded and the recording number
referenced on the record of survey.
6. The applicant shall coordinate with Consolidated Irrigation District #19 to establish
an easement to preserve access within the alley to the existing 6" watermain located in
the Bureau of Reclamation Easement. The easement and recording number shall be
shown on the record of survey.
7. 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.
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 proponent. The City shall not, and does not,
assume any financial responsibility for any direct or indirect costs for the transfer of
title.
9. The Corridor Mixed Use zoning district designation of the properties adjoining the
alley 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.
10. The record of survey and certified copy of the Ordinance shall be recorded by the
City in the office of the Spokane County Auditor.
Ordinance 25-005 — Vacating a portion of an alley extending north of Appleway Page 4 of 5
The adjacent parcels #55184.1505 and #55184.1524) have access via the alley, which will
still be available from Greenacres Road. It is worth noting that both parcels are owned by
Mr. Carroll, along with parcel # 55184.1523. None of Mr. Carroll's parcels will be
landlocked if the street vacation is granted. All other parcels in the immediate area would
either have access via Appleway Avenue or Cowley Avenue.
Since the alley is not useable, vacating the right-of-way will have no impact on traffic
patterns or on persons attempting to access properties on Appleway Avenue, Cowley
Avenue or Greenacres Road. The connectivity of the alley was compromised when the
buildings were constructed.
5. Notice of the public hearing was made by posting written notice on the City's web page and
at City Hall; 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
vacation. To date, no objections by the public or governmental agencies were received.
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 received.
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 then the average of the adjacent
property values per square foot will be used.
Based on the average assessed value of the adjacent properties, $17,683.75 is 50% of the
estimated assessed value of the alley. Therefore, $17,683.75 is the estimated amount to be
paid by the adjacent property owners. The actual amount will be determined based on the
record of survey.
Section 2. Property to be Vacated. Based upon the above findings, the City Council does
hereby vacate the portion of the Appleway alley which is incorporated herein by reference and legally
described in Exhibit A — Right -Of -Way -Vacation Exhibit.
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. The alley dedicated by the Corbin Addition to Greenacres Plat will become
part of abutting parcels equally and the sliver of land dedicated by deed (AFN#36935B) will go back to
the lot it originated from (parcel #55184.1521). 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. All conditions of the street vacation (STV-2025-0001) shall be completed within 1
year following the effective date of approval by the City Council, unless otherwise
approved by the City Manager or designee who may grant a one-time extension of 1
Ordinance 25-005 — Vacating a portion of an alley extending north of Appleway Page 3 of 5
11. All conditions of City Council authorization shall be fully satisfied prior to any
transfer of title by the City.
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 in the official newspaper of the City of Spokane
Valley as provided by law.
PASSED by the City Council this 13'' day of May, 2025.
ATTEST: 0!��
Pam Haley, May r
1'
Marci tterson, City Clerk
Appr ved As o orm•
Offic of the City ttorney
Date of Publication:
Effective Date: 5
Ordinance 25-005 — Vacating a portion of an alley extending north of Appleway Page 5 of 5
/�, 510 East Third Avenue
SCQrhaug Spokane, Washington 99202
civil engfr�eering l planning 509-242-1000 Info@Storhaug.com
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RIGHT OF WAY VACATION LEGAL DESCRIPTION
THAT PORTION OF ALLEY RIGHT OF WAY WITHIN BLOCK 15, CORBIN ADDITION TO GREENACRES, PER
THE PLAT THEREOF RECORDED IN BOOK "S" OF PLATS, PAGE 30, RECORDS OF SPOKANE COUNTY,
WASHINGTON, LYING SOUTHWESTERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING ON THE NORTHERLY RIGHT OF WAY LINE OF SAID ALLEY AT THE SOUTHEAST CORNER OF
LOT 15, BLOCK 15 OF SAID PLAT OF CORBIN ADDITION;
THENCE SOUTHEASTERLY, RADIAL TO SAID ALLEY RIGHT OF WAY, TO THE SOUTHERLY RIGHT OF WAY
LINE OF SAID ALLEY AND THE TERMINUS OF SAID DESCRIBED LINE;
TOGETHER WITH THAT PORTION OF RIGHT OF WAY CONVEYED TO SPOKANE COUNTY BY THE DEED
RECORDED UNDER AUDITOR'S FILE NUMBER 369325B, RECORDS OF SPOKANE COUNTY, WASHINGTON.
SITUATE IN THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON.
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RIGHT-OF-WAY VACA77ON EXHIBIT
A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER,
SECTION 18, TOWNSHIP 25 NORTH, RANGE 45 EAST, W.M.,
CITY OF SPOKANE VALLEY, WASHINGTON
GRAPHIC SCALE
0 50 100
/ APN
( W FEET )
/ / \ 55184.1505 /
1 inch = 100 ft.
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55184.1555 APN
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/ POINT OF BEGINNING
\ SOUTHEAST CORNER APN
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\ \ 20.00'
\ I / PROPOSED
\ APN / \ VACATION
55184.1554 \ AREA /
APN
\ PLATTED ROW �• 55184.1521
3,859 S.F.
ROW PER DEED' /
\ 3693258 /
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