Loading...
Ordinance 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 1 _._ _ . _ . _ . _ ._._ . _ . _ . _ ._ . _ . _. _._. Sprague Avenue 'w ■,....... � r ,Iiir!. I i l i I t I i , ,.... , . — i f n Pines_R oad Roble - Road i �• (SR-27) !! _ ,MY.•yWt. �.Y.N Wssummtl.t.t•Y.N/M.t.Wi. 1 I I 1 I I W. sl:;;r 1 i i . r— Z:lw IL■.•..-=..j, .-4.�Mf11.a1111��•_•• � ..IY•trlb. ; 1 — 'I 1 ---- -- 1- L limm 1 . 1 ...—T—•. 1 t Area to be vacates 1 1 E +.1. i Parcels abutting ROW to be vacated a ' 1 1 I 1 ttitit Area proposed of new alley location I I i IiIIIi , r ' EI , ■ 161 Avenue • 1 i Ordinance 08-010-Street Vacation STV-01-07 Page 6 of 6