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HomeMy WebLinkAboutOrdinance 13-017 Street Vacation CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 13-017 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY WASHINGTON, PROVIDING FOR A RIGHT-OF-WAY VACATION OF APPROXIMATELY 111 FEET IN LENGTH BY 19 FEET OF WIDTH OF ALKI AVENUE LOCATED BETWEEN THE SOUTHERN BOUNDARY OF PARCELS 45143.1347 AND 45143.1328 AND THE NORTHERN BOUNDARY OF PARCELS 45143.1582 AND 45143.1573, AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO. WHEREAS, an application for vacation was filed on July 12, 2013, and was determined complete on August 7,2013; and WHEREAS, the City Council by Resolution 13-007 set a public hearing date for September 12, 2013, with the Planning Commission; and WHEREAS,the Planning Commission held a public hearing on September 12,2013; and WHEREAS, following a hearing, the Planning Commission found that the notice and hearing requirements of the applicable Spokane Valley Municipal Code section 22.140.020 have been met; and WHEREAS, the Planning Commission findings and recommendation 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, Chapter 22.140 Spokane Valley Municipal Code (SVMC) stipulates City Council shall specify that the vacated portion of the right-of-way shall belong to the property owners of the parcels abutting to the south; that affected utilities have reviewed the vacation and do not require continued easements; that the zoning district designation of the properties adjoining the street shall attach to the vacated property; that a record of survey shall be submitted to the Director of Community Development; and that all direct and indirect costs of title transfer to the vacated street be paid by the proponent or recipient of the transferred property; and WHEREAS, the vacated right-of-way is wholly contained within the parcels stated above and created pursuant to Short Plat SP-1243-00 at no public expense; and WHEREAS,the City Council desires to vacate the above right of way pursuant to SVMC 22.140. 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 right-of-way was never improved with pavement, curb or gutter and remained vacant property. Vacating the right-of-way will allow property owners to develop the adjacent properties with access taken from Evergreen Road. 2. The south half-street right-of-way was dedicated as part of short subdivision SP-1234-00 in March 2002, It was not required to be built at the time of the subdivision and has never been built. It remains vacant. The north half of the right-of-way has never been dedicated. Ordinance 13-017-Street Vacation STV-2013-0001 Page 1 of 4 3. The current half-street configuration would not permit an emergency vehicle to turn around. The applicant has agreed to dedicate an emergency access turn-around as part of the vacation. The dedication of the turn-around will provide a workable alternative for emergency vehicles and snow removal equipment. The current half-street right-of-way configuration provides no viable turn-around. 4. The surrounding property owners are able to access the properties adjacent to the right- of-way from Evergreen Avenue. There are currently no plans for future development of this right-of-way. It is not in use at this time. 5. No public comments have been received regarding the proposed vacation. Spokane County Utilities and Vera Water and Power, have confirmed they have no utilities in the right of way and will not require easements. Avista Utilities requested a ten-foot easement to extend across the northern portion of the vacated right of way but withdrew that requirement in an email dated September 30,2013. 6. Pursuant to Resolution 07-009, Policy for Imposing Vacation Charges Pursuant to RCW 35.79.030, the City of Spokane Valley has the authority to charge for vacations in an amount that does not exceed 50% of the full appraised value or for the full amount of the area vacated where the street has been part of a dedicated right of way for over twenty five years or if the property was acquired at public expense. Notwithstanding those provisions, the applicant shall pay the fee only to the extent it exceeds the cost charged by the City to initiate the vacation process. The following facts are relevant to the Council's determination of the amount to charge for the vacation: a. The right of way was dedicated in 2002 through a short plat. b. The right of way was not obtained at public expense. c. The applicant is dedicating right of way to build an emergency access turn-around. d. The difference between the area being vacated and the area being dedicated for the turnaround is considered roughly equivalent. Based on this assessment the City does not seek payment for the vacated right of way. Section 2. Property to be Vacated. Based upon the above findings and in accordance with this Ordinance, the City Council does hereby vacate the street or alley which is incorporated herein by reference, and defined as follows: The west approximately 111 feet of the ha f street portion of Alki Avenue established per Short Plat SP-1243-00 as recorded in Book 18 of plats,page 2, lying northerly of Tracts C and D of said plat. 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. The vacated right of way is the south one-half of Alki Avenue and shall belong to the lots abutting to the south, as recorded in the record of survey which shall be created and recorded with the County as required under Section 22.140.090 SVMC. 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 Director of Community Development 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. Ordinance 13-017- Street Vacation STV-2013-0001 Page 2 of 4 1. The completion of the street vacation (File No. STV-2013-0001) including all conditions below shall be submitted to the City for review within ninety (90) days following the effective date of approval by the City Council. 2. The vacated property shall be transferred to the property owner abutting to the south. 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 and including an exact metes and bounds legal description, and specifying if applicable any and all easements for construction, repair and maintenance of existing and future utilities and services, shall be submitted by the proponent to the Director of Community Development, or designee for review, The survey shall include the area upon which the emergency access turn-around will be dedicated and shall show the turn-around. 4. The surveyor shall locate at least two monuments on the centerline of the vacated right-of-way with one located at the intersection of the centerline of the vacated right-of-way with each street or right-of-way in accordance with the standards established by the City of Spokane Valley Street Standards. 5. All direct and indirect costs of title transfer of the vacated street from public to private ownership including but not limited to title company charges, copying fees, and recording fees are to be borne by the proponent. The City will not assume any financial responsibility for any direct or indirect costs for the transfer of title. 6. The Garden Office (GO) and Single-Family Residential (R-3) zoning district designation of the properties adjoining the south side of the vacated right of way shall be automatically extended to include the vacation, and all area included in the vacation shall then and henceforth be subject to all regulations of the extended districts. 7. The utility and border easements located adjacent to the vacated right of way are hereby relinquished as part of the vacation. 8. The record of survey and certified copy of the ordinance shall be recorded by the City in the office of the Spokane County Auditor. The ordinance's recording cover page shall reference the recording number of the 2002 plat to tie the dedication and subsequent vacation/easement releases together 9. The dedication of the emergency access turn-around shall be effected through deed by the proponent. The proponent shall prepare the transfer deed and real estate affidavit documents and record them with the Spokane County Auditor's office. 10. All conditions of City Council authorization shall be fully satisfied prior to ally 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 all necessary documents in order 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 Ordinance 13-017-Street Vacation STV-2013-0001 Page 3 of 4 unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section S. Effective Date. This Ordinance shall be in full force and effect five(5) 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 26th day of November, 2013. ATTEST: /; _ Thomas E. To\ ey,Mayor c'ez't „7.v ALk.. firistine Bainbrid e, City Clerk Approved As To Form: cft Oce f the City Attorney Date of Publication: J .- 0 -2C Effective Date: / L //- e)[3 Ordnance 13-017-Street Vacation STV-2013-0001 Page 4 of4