Ordinance 08-028 Providing Street Vacation STV 02-08 5th Avenue CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 08-028
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY
WASHINGTON,PROVIDING FOR THE VACATION OF APPROXIMATELY 390' IN
LENGTH OF 5TH AVENUE ABUTTING PARCEL WS 45231.1510, 45231.1511,
45231.1512, 45231.1519, 45231.1523 AND 45231.1524, AND PROVIDING FOR OTHER
MATTERS PROPERLY RELATING THERETO.
WHEREAS, the City Council by Resolution 08-018 initiated vacation proceedings for a portion
of 5th Avenue approximately 390' in length and located approximately 250' east of the intersection of
Progress Road and 5h Avenue (STV 02-08, by providing that a public hearing on the proposal would be
held before the Planning Commission on the 231 day of October 2008; and
WHEREAS, an application for vacation was filed on July 11, 2008 and determined to be
complete on September 12, 2008; and
WHEREAS,the Planning Commission held a public hearing on October 23,2008; and
WHEREAS, following a hearing, the Planning Commission found that the notice an.d hearing
requirements of the applicable Spokane Valley Municipal Code section 22,140.020 have been met; and
WHEREAS, the Planning Commission findings and/or minutes have been filed with the City
Clerk as part of the public record for the vacation, the Planning Commission having made no
recommendation; 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, through adopted City Code provisions, the City shall provide that the vacated
property be transferred one half to each of the adjacent property owner's of the :following parcel #s that
abut the right-o$-way: 45231.151 0, 4523 1.1 5 1.1., 45231.1.523, 45231..1524,4523 1.1 S 1 9, and 45231.1512;
that the zoning district designation of the properties adjoining each side of 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 City Council desires to vacate the above streets pursuant to Spokane Valley
Municipal Code Section 22.140.
NOW, TREREFORE, the City Council of the City of Spokane Valley, Spokane County,
Washington,do ordain as follows:
Section 1. Findings of Fact. The Planning Commission made no recommendation to the
Council regarding the request and therefore no findings were provided. The City Council must
provide :findings of fact in support of the following statements in order to approve or conditionally
approve the request:
1, The change of use or vacation of the street will better serve the public because the existing
right-of-way is not developed and does not connect at the eastern boundary. The vacation
will allow for development of the remaining property in a manner that will promote in-fill
development and the construction of affordable housing.
2. The street is no longer required for public use or public access because connectivity of the
roadway in question does not exist on the eastern boundary, further a single family home
blocks what would be the extension of 5t''Avenue.
Ordinance 08-028-Street Vacation#02-08 Page 1 of 4
3. The substitution of a new and different public way would be more useful to the public
because streets and/or roadways will be designed to meet the specific development
requirements of the property owner.
4. Conditions will not change in the future as to provide a greater use or need than presently
exists because of the lack of a right of way and the construction discussed above.
5. No objections to the proposed vacation have been made by owners of private property
(exclusive of petitioners)abutting the street or alley.
6. Pursuant to Resolution 07-009, Section 1: Policy
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, than the average of the adjacent
property values per square foot will be used.
Based on the average assessed value of the adjacent properties, $9,789.00 is 50% of the assessed
value.
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 which is incorporated herein by reference,
and defined as follows:
That portion of 51i' Avenue right-of-way located approximately 257' east of Progress Road an
approximately 127' west of Newer Street as depicted in Appendix A attached hereto; located in
the SE % of the NE % of Section23, Township 25 North, Range 44 East, Willamette Meridian,
Spokane County, Washington.
Section 3. Division of Property to be Vacated. Pursuant to RCW 35.79.040 and SVMC
22.140.040(C), unless factual circumstances dictate a different division and distribution of the street to be
vacated the property shall belong to the abutting property owners, one-half to each, and thus divided 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.
1. The completion of the street vacation STV-02-08 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, ''A to each abutting property owner
3. Following the City Council's passage of the ordinance approving the proposal to vacate the
street or alley, 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.
Ordinance#08-028-Street Vacation#02-08 Page 2 of 4
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 Spokane
County Standards for Road and Sewer Construction.
5. All direct and indirect costs of title transfer of the vacated alley 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 zoning district designation of the properties adjoining each side of the street or 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 extended
districts. The adopting ordinance shall specify this zoning district extension inclusive of the
applicable zoning district designations.
7. The record of survey and certified copy of the ordinance vacating a street or alley or part
thereof shall be recorded by the city clerk in the office of the Spokane County Auditor.
8. All conditions of City Council authorization shall be fully satisfied prior to any transfer of
title by the City.
9. Payment in the amount of $8489.00 ($9,789.00 less $1,300.00 previously paid) shall be
proportionately paid by the adjacent property owners receiving the property.
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, including a Quit Claim Deed, 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
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(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 9th day of December, 2118 4110 •
ATTEST: - I
„,...10,1101er
''chard Mun on,Mayor
r/
City Clerk, Christine ainbridge f
Approved As To Form:
Office oPthe City Attorney
Date of Publication: I -,9-za
Effective Date:
Ordinance#08-028- Street Vacation#02-08 Page 3 of 4
Exhibit "A"
Property Description
That portion of 5th Avenue right-of-way located approximately 257' east of Progress Road and
approximately 127' west of Newer Street as depicted below; located in the SE 1/4 of the NE 1/4 of
Section23,Township 25 North, Range 44 East, Willamette Meridian, Spokane County,
Washington.
11 I I
ast],I»1e
416271 1781 45271 ism •
ias271 X08 .45231 4523 1 het l <521,OdSil 15271 fl951 15711 ossl ,1409 45231 1212 �21t 1 L —+—
t52)lcool c�)12�11
tSIJi t!ffi
142]1.1513 Portion of 5th Avenue to be
vacated
45271 15tH 4431 1510 .5231,fit
45?7t 1514 H*5 731
t5?7,1513
05 455231 1507
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5th Avenue J
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452]1 e50 1
457312501 452312631
45231 1520 )
roe
_ 45231 4`.472
4523126.2! X12802
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45231 1519
45231 1508 45231 1512
4;231 1521 I
mio I132)t 52'47) 45231 2s33 J 41Z3‘2833 1`3e11
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-\ i 4523/4701 45211■103 65231 4102 45731 4101 I 132312253 l
452312331 I I —
45231 4523/14X12 452]4 4104 442!14106 48231 aloe 0 0.01 m! 0r 2911
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