HomeMy WebLinkAboutOrdinance 08-010 Providing Street Vacation STV-01-07 CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO.08-010
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY
WASHINGTON, PROVIDING FOR THE VACATION OF A PORTION OF THE
ALLEY LOCATED SOUTH OF SPRAGUE AVENUE; NORTH OF 1sT AVENUE; AND
WEST OF PINES ROAD BETWEEN PARCEL NOS. 45211.0101, 45211.0102,
45211.0103, 45211.0104, AND 45211.0105 TO THE NORTH AND PARCEL NOS.
45211.0119, 45211.0120, AND 45211.0125 TO THE SOUTH, AND PROVIDING FOR
OTHER MATTERS PROPERLY RELATING THERETO.
WHEREAS, the City Council by Resolution 08-004 initiated vacation proceedings for a portion
of an alley(approximately 15'x 300') located south of Sprague Avenue; north of 1 S`Avenue; and west of
Pines Road (SR-27) and concurrently dedicating right-of-way for the purpose of realigning the alley
approximately 26 feet south of the existing location (STV-01-07) by providing that a hearing on the
proposal would be held before the Planning Commission on May 8,2008; and
WHEREAS,a completed application for vacation was filed on February 26, 2007; and
WHEREAS,the Planning Commission held a public hearing on May 8,2008;and
WHEREAS, following a hearing, the Planning Commission found that the notice and hearing
requirements of the applicable Spokane Valley Municipal Code in the former section 10.05.220-310 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 to the abutting property owners, one-half to each, unless circumstances require a
different division of property; 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 proponent shall dedicate for right-of-way purposes a 20 foot wide approximately
300 feet in length area(as depicted in attachment) for the re-establishment of the alley approximately 26
feet south of its present location;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 City Council set the May 8, 2008 public hearing date at their March 25, 2008 meeting
through adoption of Resolution No. 08-004. Notice of the hearing was published on April
Ordinance 08-010-Street Vacation STV-01-07 Page 1 of 6
18, 2008 in the Valley Herald, the official newspaper of the City, was posted in three
conspicuous locations within the City,was provided to the petitioners and abutting_property
owners,and a sign was placed on the property providing notice of the hearing on April 18,
2008.
2. The Planning Commission held a public hearing on May 8, 2008 to receive testimony
concerning the vacation and relocation of approximately 300 feet in length of an alley lying
west of Pines Road; south of Sprague Avenue and north of First Avenue. The Planning
Commission reviewed the report prepared by the Spokane Valley Community
Development Department in detail.
3. The Planning Commission determined the street/alley would permit full development of the
property for beneficial uses and permit appropriate levels of maintenance.
4. The Planning Commission determined that allowing the street vacation would better Serve
the public considering the vacation would allow redevelopment of the site on the southwest
corner of Pines Road and Sprague Avenue creating a financial benefit.
5. The Planning Commission determined that the relocated alley would continue to serve the
neighboring properties currently utilizing the alley.
6. The Planning Commission determined that conditions would not change in the future to
provide a greater use or need for the subject rights of way.
7. The Planning Commission determined that the general public would be in favor of the alley
vacation/relocation.
8. No objections have been received to the proposed vacation/relocation from the notice of
public hearing and/or routing to agencies.
9. No charges other than those set forth below are required. Deviation from the charging
criteria of Resolution 07-009 is appropriate in that the proponent is dedicating and
constructing an alternative right of way of greater size.
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 Pines Road. south of Sprague Avenue and north of First
Avenue from its eastern terminus at Pines Road approximately 300 feet west as depicted in
Appendix A attached hereto; located in the NW '/o of Section 21, Township 25 North, Range 44
East W.M Spokane County, Washington..
Section 3. Division of Property to be Vacated. Pursuant to RCW 35.70.040 and former
SVMC 10.05.320, factual circumstances dictate a different division and distribution of the street or alley
to be vacated than one-half each to abutting property owners, 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.
Ordinance 08=010-Street Vacation STV-01-07 Page 2 of 6
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 (SW-01-07) 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 following easements will be retained for all necessary underground and/or overhead
utilities. The specific location of easements is a requirement of the record of survey
a. Sewer: A portion of the sewer main is located in the existing alley right-of-way
(ROW), however most of the sewer main is located on private property. Any plans for
relocation of the sewer main must be submitted to and approved by the Spokane
County Division of Utilities. The Spokane County Division of Utilities requires a 20
foot easement granting:
"Spokane County, its successors and assigns is for the sole purpose of
constructing, installing, operating, maintaining, repairing, altering, replacing,
removing, and all other uses or purposes which are or may be related to a
sewer system. Spokane County, its successors and assigns at all times
hereinafter, at their own cost and expense, may remove all crops, brush, grass
or trees that may interfere with the constructing, installing, operating,
maintaining, repairing, altering, replacing, removing and all other uses or
purposes which are may be related to a sewer system. The grantor(s) reserves
the right to use and enjoy that property which is the subject of this easement
for pwposes which will not interfere with the County's full enjoyment of the
rights hereby granted;provided, the Grantor(s)shall not erect or construct any
building or other structure or drill on the easement, or diminish or
substantially add to the ground cover over the easement. The easement
described hereinabove is to and shall run with the land"
A copy of the recorded easement shall be submitted to the City's Community
Development Director or designee.
b. Water: Modern Electric Water Company has a 6" water main in the existing alley right-
of-way. The applicant states the water line will be re-routed to follow the proposed
realignment. Any plans for the relocation of the water line must be submitted to and
approved by Modern Electric Water Company and installed prior to completion of the
street vacation.
c. Telephone/Fiber Optics: Qwest Communications has overhead telephone services
located in the alley that feed from the west and dead-end at Pines Road. A
temporary/conditional easement shall be established in order to temporarily maintain
aerial telephone cables and utility poles in the existing right-of-way (alley) until the
property owner/developer pays Qwest to remove/relocate the facilities. After facilities
have been relocated,the temporary/conditional easement can be extinguished. A copy
of the recorded easement shall be submitted to the City's Community Development
Director or designee.
d. Gas and Electricity: Avista Corporation has electricity and gas lines within right-of-
way. The applicant states the lines will be re-routed to follow the proposed
realignment. Any plans for the relocation of the gas and electrical lines must be
Ordinance 08-010-Street Vacation STV-01-07 Page 3 of 6
submitted to and approved by Avista and installed prior to completion of the street
vacation.
e. Cable Television: Comcast Cable has infrastructure within the right-of-way. The
applicant states the lines will be re-routed to follow the proposed realignment. Any
plans for the relocation of the cable lines must be submitted to and approved by
Comcast and installed prior to completion of the street vacation.
3. The vacated alley and realignment shall comply with all City standards for removal of the
exiting alley and improvements to realigned alley.
4. If there is a conflict with the realigned alley and existing drywells, the existing drywells
will need to be abandoned and new drywells will need to be constructed. The new drywells
will need to be registered per Department of Ecology's Underground Injection Control
program.
5. Dedication of public right-of-way (ROW) for the realignment of the alley shall be
submitted to the Community Development Director or designee for review. Following
acceptance of the ROW dedication, the applicant shall record the document and reference
the recording number on the record of survey.
6. The City of Spokane Valley Fire Department requires a minimum of a twenty (20) foot
driving surface and a twenty-eight(28)foot turning radius for the realigned alley.
7. The applicant shall submit an intersection plan for approval to both WSDOT and the City
of Spokane Valley for this alley realignment.
8. An access permit shall be obtained from WSDOT.
9. The existing alley access shall be removed and WSDOT standard curb and sidewalk
installed.
10. The applicant shall submit and receive approval of a demolition permit for a portion of or
all of the existing building located on parcel 45211.0125. If a portion of the building is
removed, a ten (10) foot setback shall be retained along the south boundary line of the
realigned alley.
11. The south line of the realigned alley shall be located a minimum of five (5) feet from the
existing residence located on parcel 4521-1.0120 and portion of demolished building located
on parcel 45211.0125.
12. A boundary line adjustment (BLA) shall be completed to move existing parcel boundaries
to the north (45211.0101, 45211.0102, 45211.0103, 45211.0104 and 45211.0105) and
south (45211.0119, 45211.0120 and 45211.0125) boundary line of the realigned alley
following the public right-of-way dedication. The applicant may include the BLA process
with the required record of survey for the street vacation.
13. 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 08-010-Street Vacation STV-01-07 Page 4 of 6
14. 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.
15. All necessary easements shall be shown on the record of survey,and written documentation
from all utility companies is required to be submitted to the Community Development
Director,or designee verifying all easements have been indicated.
16. 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.
17. 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.
18. 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.
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 3`d day of June,
V4 '
ATTE' % /�
7- ayor, Ri d Munson
ity Clerk, Christine Bainbrith
Approved As I Form: - -
O ce of the City Attorney
Date of Publication: June 13. 2008
Effective Date: June 18.2'i8
F
Ordinance 08-010-Street Vacation STV-01-07 Page 5 of 6
Exhibit"A"
Property Description
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Ordinance 08-010-Street Vacation STV-01-07 Page 6 of 6