Loading...
Resolution 22-020 Street Vacation Compensation policy CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON RESOLUTION NO. 22-020 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON,ADOPTING METHODOLOGY FOR DETERMINING COMPENSATION FOR VACATIONS PURSUANT TO RCW 35.79.030 AND SVMC 22.140.040, REPEALING RESOLUTION 07-009,AND OTHER MATTERS RELATING THERETO. WHEREAS, the City of Spokane Valley has the authority to vacate roadways and rights-of-way pursuant to RCW 35.79.030; and WHEREAS, pursuant to RCW 35.79.030, the City has the authority to charge for said vacations in an amount that does not exceed 50%of the full appraised value,or the City may charge the full appraised value of the area vacated where the street or alley has been part of a dedicated right-of-way for over 25 years, or if the property was acquired at public expense; and WHEREAS, in circumstances where the City Council initiates a vacation pursuant to SVMC 22.140.020,the City Council believes it would not be appropriate to charge the party receiving the vacated property; and WHEREAS, it would be time-consuming and expensive to obtain a fair market appraisal of the property to be vacated, as it would significantly increase the cost of such vacations. As such, it is appropriate to tie the value of the property to be vacated to the current assessed value of the adjacent property, as established by the Spokane County Assessor. NOW,THEREFORE,be it resolved by the City Council of the City of Spokane Valley as follows: Section 1: Formula for Determining Compensation for Street Vacations. (A) When a right-of-way vacation is initiated by the City Council, the City shall not seek compensation from adjoining property owners for any portion of the value of the land being transferred. (B) The appraised value of the property being vacated shall be the same as the assessed value of an equivalent portion of property adjacent to the proposed vacation as established by the Spokane County Assessor at the time the matter is considered by the City Council. If the value of the adjacent properties differs,then the average of the adjacent property values per square foot shall be used. (C) When a property vacation is initiated by application, the cost to be paid to the City by all adjacent property owner(s), whether the applicant or not, for property received resulting from the vacation shall be determined as follows. (1) Equal to 50% of the appraised value if the subject property being vacated was initially acquired by the City through dedication, or (2) Equal to 100% of the appraised value if the subject property being vacated was initially acquired by the City at public expense. Resolution 22-020 Street Vacation Methodology Page 1 of 2 (D) The City Council reserves the right to deviate from this policy on a case-by-case basis upon adoption of written documentation that demonstrates that the public interest shall be best served by an alternate approach. Section 2: Repeal. Resolution 07-009 is hereby repealed in its entirety. Section 3: Effective Date. This Resolution shall be in full force and effective upon adoption. Passed by the City Council this 8th day of November,2022. CITY OF SPOKANE VALLEY Pam Haley,Mayor ATTEST: awl ristine Bainbridge, City Clerk Approved as to form: Office the ity ttorney Resolution 22-020 Street Vacation Methodology Page 2 of 2