Ordinance 08-016 Providing Street Vacation STV-01-08 Trent and Avalon CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO.08-016
AN ORDINANCE OF THE C1TY OF SPOKANE VALLEY, SPOKANE COUNTY
WASHINGTON, PROVIDING FOR THE VACATION OF APPROXIMATELY 140 FEET IN
LENGTH OF THE ALLEYWAY LOCATED APPROXIMATELY 145 FEET NORTH OF THE
INTERSECTION OF TRENT AVENUE AND AVALON ROAD, AND PROVIDING FOR
OTHER MATTERS PROPERLY RELATING THERETO.
WHEREAS,the City Council by Resolution#08-012, initiated vacation proceedings for a portion
of alleyway approximately 140 feet in length and located approximately 145 feet north of the intersection
of Trent Avenue and Avalon Road(STV 01-08)by providing that a Public Hearing on the proposal would
be held before the Planning Commission on the 10'x'day of July 2008;and
WHEREAS, a completed application for vacation was filed on May 12, 2008;and
WHEREAS,the Planning Commission held a_public hearing on July 10,2008; 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/or 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, through adopted City Code provisions, the City shall provide that the vacated
property be transferred, one half to each abutting property owner, in this case the same party; 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 former Sections 10.05.220- .380.
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 vacation of the alley will better serve the public because it will allow for the full
development of the property for beneficial uses and permit appropriate levels of
maintenance.
2. The alley is no longer required for public use-or public access.
3. The substitution of a new and different public way would not be more useful to the
public.
Ordinance 08-016-Street Vacation STV 01-08 Page I of 4
4. Given the present age and condition of adjacent development, it is unlikely that
conditions will change in the future to provide a greater use or need than presently exists.
This portion of the alley does not provide access to parcels at either end.
5. No objections have been received to the proposed vacation from the notice of public
hearing and/or routing to staff and agencies.
6. Pursuant to Resolution 07-009, Section 1: Policy
1. The cost for property received as a result of a vacation initiated by an adjacent
property owner shall equal fifty per cent (50%) of the appraised value of the vacated
property received.
a. The appraised value shall be the same as the 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.
b. 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, $2,654.40 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 or alley which is incorporated herein by
reference,and defined as follows:
That portion of the alley located west of Avalon Road, south of Rockwell Avenue and north of
Trent Avenue from its eastern terminus at Avalon Road approximately 140 feet west as depicted
in Appendix A attached hereto; located in the SW 4 of the NE % of Section 3, 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 former
SVMC 10.05.320, factual circumstances dictate a different division and distribution of the street or alley
to be vacated, one half to each abutting property owner, in this case the same party, thus the property to
be vacated shall be divided as recorded in the record of survey which shall be created and recorded with
the County as required under former SVMC 10.05.350.
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-01-08 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, 4 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 08-016-Street Vacation STV 01-08 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. MI 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$1,354.40($2,654.50 less$1,300.00 previously paid)
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 26th day of August,2008.
'/ 4 /
�-
• chard M :n, or
Christine Bainbridge,City Clerk
Approved As To For
Of ce of the City Attorney
Date of Publication: 54-j -afEl
Effective Date: —id-ify
Ordinance 08-016-Street Vacation STV 01-08 Page 3 of 4
Exhibit"A"
Property Description:
That portion of the alley located west of Avalon Road, south of Rockwell Avenue and north of
Trent Avenue from its eastern terminus at Avalon,Road approximately 140 feet west as depicted
in Appendix A attached hereto; located in the SW 1/4 of the NE 1/4 of Section 3, Township 25
North,Range 44 East, Willamette Meridian, Spokane County, Washington.
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