5665556 STV-04-07
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Ordinance GOVERP(MEPJT, CITY OF SFQxAtJE VALLEY
Spokane Couniy Wasrtingion
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RE-TURN AllllItESS:
Cit}° of Spokane Valley
Atcn: City Clerk
11707 East SpraguE Avcnue; Suite 106
Spokane Valley, WA 99206
Cover Sheet
nacuroent Title: CiTI' QF SPOKANE VA.LLEY OIZDL\`ANCE 07-024 FOR S1'REET VACATION (STV-04-07)
File Number(s) of Rclated Docunients:
Ordinance 07-024 S 1 V-Q4-07
Grantor:
l. Citv of Snokane Vallev 2.
Grantce(s):
1. E& S Develonment, LLC Bill Brooksl
2.
Leaul DescriaNon:
Quarter SVV '/o of S W'/4 SECtion 14 Township 25 R.-Lnge. 44
(See Sectian 2 pf Ordinance 07-024 for leaal description)
All Assessor's Tax Parcel !la Numberfsl:
N/A
R. E. Excitie Tax Excrnpl
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: okaae (:ounty Treas.
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Fxhibit "A"
Property Description
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Fvergreen ftoad
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CITY OF SPQKAiNE VALLFY
S1'OKANF, COLTNTY, WASHING fON
l,lRJINtlNl.i`i 1\O. 07-024
AN ORDTNAI\'CE OF THE CITY OF SPOKANE VALLEY, `VASHINGT0N,
PROVinTNG FO}2 TFIE VACATIOY OF APPROXiMATELY 9 FEET WIDF, BY 109
LllS'EAR FF.FT OF EVk,RCREEN ROAD A.BUTTIiNG YARGEL NUMBER 45143.9009
AND PROVIll1T1G FOR OTHF,lt NIATTk.ltS PROPk:1t.I..Y ItE LATlNG THERETO.
WHEREAS, the City Council by Resolution 07-015 initiated vacation proceedings for a portion
of Cvergreen Roaci (S'I'V-04-07) by prqviding that a hearing on the proposal would be hcld before thc _
Planning Commission on the 28th clay of August, 2007; and
WH.EREAS, the Planning Commission held a publ+c hearing on Au~ust 2$, 2007; and
WIiEREAS, foilowing a hearin~;, the Planning Commission founcl that the notice and hearing
requircments of Title 10 Article 1X Section 10.09.04. ] 0(recently recodified as Section 22.140.030) of the
Spol:ane VaUey Municipal Code havc been met;
WI•IEREIIS, the Planning Commissio►i findings and/or minutes have been filed with the City
Clerk as part of the public record supporting the vacation; and
, W`WER}:AS, rione of the property Awners abutting the property to bc vacated filed a wTitten
objection to the proposed vacation wikh the City Clerk; anc!
W`I-IEKEAS, through adopted City Code provisions, the City s}iall provide ttlaf lhe vacated
property be transfcrred to die abutting property awncrs, one-half to each, unless circumstances require a
different division of property; that the •r.oning district designation of the nroperties adjoining each side of
the sireei shall atitach to the vacated nroperty; that a record of'survey shall be submitted to die Director of
Community Dcvelopment; and that all direct ancl indiceet eoscs of title transfer to the vacated street be
paid by the proponent or reeipient of the tra»sferred property; and
WHEItE:AS, the Ciry Council desires to vacate the above street pursuant to Spokane Valley
Municipal Code Sc.ctions 10.05.220 -.380.
NOW, THFREFORE, the City Council af the City of Spokane Valley, Spokane Countp,
. Washington, do ordain as follows:
Section 1. Findines of Fact. "1'he City Council mEkcs the following findings of fact: (1) the
City Departmcnt of Public Works has reviewed the right-of-way to be vac.ated and determined that the
properey adjacent to the vacated property is othenvise served by public or private access; (2) a public
hearing on the proposed vacation has been held in accordancc widi State Law and City Cade before the
Planning Commission with the record of such hearing and proceedings filed with the City Clerk; (3) no
written comments were received by abutting properties; and the Planning Commission made the following recornmendations:
1. The vacation of the streetJalley will perniit full development of the property for beneficial uses
and permit appropriste tpvels of maintenance.
2. The Public Works Department submitted comments which analyzed the portions of Evergreen
Road for need and firture use and responded by specifying no objection to the. proposed street
vacation.
R. E. FxLise'{':ix Gxealpt
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S +kane Cc►uaty TteaS. . '
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3. Given the present age and condiiion of adjacent development, it is unlikely that condilions will
change in the future to provicle a grea[er use or neecl than presently.eaists.
4. No objcetions have been received to the proposed vacation from the notice of public Ilearino
qnrl/or routing to staff and agencies.
5. Pursuant to Resolution 07-009 (adopting policies for importing vacation eharges), the City
Cauricil shall reyuire fiRy (50) percent of appraised value of adjacenf property to bc paid prior to
finalization of vacation, or shall rescrvc thc right to deviate based upon findings of fact that
demonstrate public interest shall be best served in an alternative tnethod.
a) Council finds that the public interest shall best be servcd by imposing no cllarges in
addition to those normally assoeiated with che processing of a vacation request. Specific
findings SupportinD this are set forth below:
i. The proposed vacatian of 982 square feet would provide a potential comrnercial
business increassd lot area for development thus providing more economic
develonmcnt within the Gity. Adcfitionally the setbacks of the proposed building
may be lessened and allow for rnore builclable Iand area.
ii. The vacation would provide an increase in ta: base to the City.
iii. '1'he street vacation would provide consist road width along Evergreen ltoad.
Scctiou 2. Proncr[v to be Vacated. Based upon the- above findings aiid in accordancc with
this Ordinance, the City Council does hereby vacate the street or alley dascribed on the attached Exhibil
"A" which is iiicorporatecl herein by reference, and defined as follows:
Canrmerrcing at the Sectron Cnrner COmmGn !r7 SEClions I5,14,22,23 as noted on the
Spokane Final Bhrcling Site Plan 1.3.Sf'-01-06, locuted in Book 2 of Bindrng Site Plcrns,
f'ages 94 and 95, located iti a parlion of the SW of tlae SW % Section 14, T25N,
. K444 W.At; therice North 00°l6'01 "Has1 along the section litre comnrori to Section IS
and Section 14, a drslance oj200. I S feet, to an angle point, ►vest of the extension oJthe
south property lirre oJLo1 3; tjietice Socrtjr 8956'47"East a distance oj95.00 jeet !o
the soullztivest corner Oj 1,01 3 as noted on the nforenteiitioned Biiiding Site Plun; surd
point beiirg the saulhwest corner of Lot 3, 13SP 01-06 aircl TRUF. PQINT OF
BEGINMNG,-
tJtence A'orth 00°I6'01 " F.ast, alortg t{re ►vest property litre ojsaitlldot 3 u dislalice of
109.12 fee1, to an ungle point; theyrce cntrtinuing ulotrg strid prvperry litte, Nartji 90°
00'00" West a distarrce of 9.00 jeel; thence leming said property line, S'outh
00 °l G'01 " li'est cl distance of 1 09.12 feet; tltence North 89° 56'47 "Ecrst a dislairce of
9.00 feet, ro the TRUL• POIN7 Ox' BEC•INNING. .
Containing 982 Squnre Feet, more or less, all accorditrg 101he referEnced plat.
Sectinn 3. Division of Pronertv to be Vacated. 1'ursuant to RCW 35.70.040 and SVMC
10.09.04.10.11, factual cireu►nstanees dictate a different division a»d di5tribution 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 tlie County as
required under SVIvIC 10.09.04.10.16.
Section 4. Zoning. 1'he Zoning dcsi~nation for the vacated property shall be the designation
attaehed to the adjoining properties as set forkh within the respective property or lot lincs. The Director of
Community Development is authorized to make this notation on thc official Zoning Map of the City.
Section S. Conditions of Vacation. The following conditions shall be fully satisfied prior to
the transfer of title by the Ciey. .
a) A record of survey of the area to be vacatcd, prepared by a registered surveyor in thc State
of Washington aiid including an exact metes and bounds Icgal deseription, and specifying if
applicable any and all easemcnts for construction, repair and maintenancc of existing and
. future utilities and services, shall be submitted by the proponent to the Director. ne record
of swrvey shall contain thc professional stamp and Signaturc of the registered surveyor and
filecl upon completion with the Spokane County Auditor. The surveyor shall provide the
City of Spokane Valley with a mylar copy of the recoeded survey and the Auditor's
Documenl Number and date of recordation.
b) The surveyor shall locate at least rivo monuments on the east side of vacated riglit-of_way
with each monument located at eithcr end oFthe 109 feet in accordsnce with the standards
, established by the .51.,okane Coiinty Stwrdards for Rocrdanc! Setiver C'orutruction.
. c) Payment of all direct and indirect costs of titlc transfer of the vacated street or alley from
public to private ownership inclucling but not limited ta title company charges, copying
fees, and recorciinb fees are to be borne by lhe proponent. The City will nat assume any
financial responsibility for any clirect or indirect costs for the transfer of title.
d) Thc zonino district designation of the prdperties adjoining each side of the street or zlley to
be vacated shall be automalically extended to the centcr oPsuch vacation, nnd all area shall '
included in the vacation shall then and heneeforth be subject to all regulations of the
e;ctended districts. The adopting ordinAnce shall specify this zoning district extension
inc•lusive of the applicable zoning district designations.
e) A certified cnpy of the ordinance vacating a street or nlley or part thereof shall be recorded
by the ciry clerk in the office of the Spokane County Auditor.
f) AI I conditions of city counci l auchorizstion shall be fully satisfied prior to any transfcr of
title by the City.
Section 6. Closine. I'ollowing satisfaction of the above c.onditions, the City Clerk shall
record a certified copy of this Ordinance in the otfice of the County Auditor, and the City Manager is
authorized to execute all necessary doetiments, including a Quit Claim lleed, in order to complete the
transfer of the property identifiecl herein.
Section 7. Severabilin-. If any section, sentence, clause or phrase of this Orctinance shal) be
held to be invalid or unconstitutional by a couri of compEtent jurisdiction, sueh invalidity or
unconstitutionaliry shall not aftcct the va(idity or constitutionality of any other section, sen[ence, elause or
phrase ofthis orcliiilnce. Section 8. Effcetive Uate. This Ordinanee shall be in full force and effect five (5) days after
publication of this Orclinance or a summary tliereof in the official newspaper of the City of Spokaiie .
° Valley as provided by law.
1'ASSED by thc Cit}' Council this 27'4 day af Novemher, 2007,
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ArrIEEs .
Mayor, Diana Wilhite
City Clerk: C hristine Bainbri~4e
Approved As To r'nrm :
f7fficc oO#he City Attoeney
Date of Publicatiori: Dec,ember 7. 2007 Effective Date: Deccmhcr 12,2007
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