5698926 STV-02-07
07/18/2008 03:48:32 PM 5698926
Recordang Fee S48.00 Page t o! 7
Ordinanoo GOVERNMEN'j, CITY OF SP6KRPJE VRLLEY
Scokane County Washirtgton
I IIIIIII WI~I ~ Ilil III~I I~~II IIII IIII I~I II~III III ~III ~II Illll Illl If N
RE TUTt~v AnnRESS:
City of Spokane Valley
f1ttn: City Clerk
11707 E,ast Sprague Avenue, Suite 106
Spokane Valley, WA 9920E
Cover Slreet
Document Title:
CtTY OF SPOKANE VALLEY" ORDI\'A\'CL' 07-017 cYC 07-012 FOR STREET VACATION
(ST-V-02-07)
File Number(s) of 17elateci llocuments:
Ordinance 07-017 and Ordinance 07-012
s•rv-o2-o7
Grantor: 1. City of Saokane Vallev 2.
Grantee(s):
1. Thomas Hanilton
2. .
Leeal Description:
Quarter INNN"/ of SF % Seciion 10 ToNNqiship 25 Range 44
(See. Section 2 of (7rdinance 07-012 for legal descriptivn)
All Assessor's Tax Parccl ID Number(s):
U
Une
~,p D 1
3
CTTY QF SFpK1,\~T~ VALLFY
SPOKr1~\'~ CQUNTY, R'ASI•]NGTQN
O:K:0119Ai\TCE NO. 0 7-01.7
AN O1tDINANCF OF 7Tf.F. CiTY nF SPOKA\TF VALT•1'X, NVASH1it7C:TUN, t1il-LCND TNC;
ORD:I1tANCE 07-012, SLCT1dN 5(C), RC:[.,_ATliYG TO CONDITIQNS nF VA_CAT10N FOR
A1'1'ROYI:I1'IATELY 30 FFET «T.i)F I3Y 750 L.TNFA.1.2 FEFT Oh' SHAIN\ON AVENiJF
A.RU'1:171\iG 1'AlYCJEl, 1\rlJibl:BE17S 45103.0244, 45103.0245 and 451.03.0203 AN]J 1'1ZOV'1:Uli\°G
, F017 OTFi.ER Ni,AT7`.F,RS PRnPF,RLX RFTJATTl\'G'T`HFRFTO. .
WI-lEREAS, and the City Council passed Ordinance 07-012 on July 24, 2007, granting the
application for vacation of a portion of Shannon Avenue; anc!
WHEREEIS, staff subsaquently discovered that the conditions For vacation in Section S(c)
contained a scrivener's error, specifiicAl.ly in that it required conshvction of a road at specifeci climensions
that should not have been included. 'l'his amcndmerit would remove two sentences so that the cureently
aclopted standards would be applied at t:i.me oi'constructidn; and
11THEf7N,AS, the City Council desires to amend Ordinance 07-012 to re.move the ineorrect
dimensional requirements from the vacation conditions.
NOW, TKREFOTZ:F, the City Council of tlhe City of Spokane Valley, Spokane County,
Washing-ton, do ordain as follows:
Section l. Intent - The City of Spokaiie Valley dcclares chat the intent of this Ordinance is
' to amend Ordinance 07-0 t 2 to rnake il' eomply with adopted City Codc rcquircments.
. Section 2. Urdinajice 07-012 to be anended. Spokane Valley Ordinance 07-012, Section
5(c) shall be amended as follows:
c) Dedication of the right-of•-way and border easements for the eontinuation of A7ansfield
Avenue, which will cross the main parcels tLiat front onto tMis porlion of Sliannon
Avenue, iylansfield Avenue is t4 be consiructed iiCCOCCIIIIg to Collector Arterial
standaeds; matching the section of the existing MFUisficld Avenue to the east. 'rhis
' requires 54 feeC of right-of-«=ay dedic,ation and 14 fooC border easements on bAth sides.
Secdon 3. Remainder Unchanged. "l'he remaining portions of Ordinance 07-012 remain
. unchang
,ed by this amenclment. Section 4. Closing. Pollowing ssCisfaction of the avove conditions of vacstinn set fqrth in
Ordinance 07-012, as amended by this Ordinance, the City Clerk s11111 record a ce.ni(ied copy of
Ordinanee 07-012 and of diis Ordinanee in the office of the Counry Auclitor, and the City Manager is
aut:horized to eaecute all necessary clocuments, including a Quit Claim Deed, in order to comptete the
tuuisfer of the propcrty icient:ifiecj herein.
Seetion 5. - Severabilitv. Tf. aaly section, sentence; clause or phrase of this Ordinance shall bc
Lield to be invalid ar unr.onsritutional by a cour[ of competent jurisdiction, such invalidity or
unconstilut:ionality shall not affect the validily or constitutionality of any other section, sentence, clause or
phrase ofi this ordinance. Section 6. Effective Date. 7'his Ordinance shall be in fiill force and effect five (5) days after
publication oF this Ordinance or a summary thereof in the official newspaper of the City of Spokaiie
Valley as provided by la-vv.
, , .
PASSED by the City Counc.il this 9'6 d ay of OcQo6er, 20 07.
ATTL-S T.
_ tMayor, Djana Wilhite
. ~
CITY C lerlc; Ciiristine J3ai~ricl;~ _
Approve4l.AsTn +nrro: - ~
~
,0ffiC,e 0'F City AttC7rney
Date ofPublication: Octubcr 19, 2407
Lffective Datc= October 24, 20 07
- r
. . , ,
CiTY OF SPQKA'tNT VALLEY"
' SPOKANE COUiv1Y, VVASHINGTO`T
ORD I1a 74NCE NO. 07-012
AaV URllllVAiNCE OF TI4F C1TY OF SPOKANE VALLEX, R'ASH.MM Y,1'1tOV1ULITG FOR
: THF VaCAT10~F Ok APPRQXfa1'Ir1TLGY 30 FEET W1D~: BY 750 ~..11~~AR FTTT OF
SI3ANNOi1FAVF\`TFE ABUTTliNG 1'A1tC:l'::IJ NTIT,VIBFRS 45103.0244, 45103.U245 and 451.03.0203
A.Nl) PRUVIDiz\`G hOR OTTTF.R MATTERS PROPLRLY REL-AT:ING TN:FR,FTp.
Wf-IEREAS, the City Coumcil by R.esolution 07-005 initiatcd vacstion proceetlings for a portion '
of Shannon Avenue located north of Union 1'acific Railroad anc! Indiana Avenue (STV-02-07) by
providing that a hearuig on the proposal would Ue held before the 1'lanning Commission on tlie 14th day
of June, 2007.; and
WHEREAS, the Planning Commission held a public hearin-, oti June 14, 2007; and
WHEREAS, following a hearing, the Planning Comrnission found that the notice and iiearing
requirements of `Citle 10 Artic1c LY Section 10.09.04.10 of the Spokane Valley Vtunicipal Code have becn
met; «rHEREAS, the Plaiuling Commission .fi.ndings and/or minutes have been Flecl 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 v3cated filecl awritten
objection to the proposed vacatiion with the City Clerk; and
WHERrAS, tlrough adopted City Code provisions, the City shall provicie that the vacated
property be transfenect to the abutting properiy owners, one-half to eac}i, unless circumstances rec{uire a
difterent clivision of property; that the zoning district designation of the prnpereies adjoining cach side of
the strcet shall attACh to the vacatecl property; that a record of survey shall be submitted to the Director of Community llevelopment; and that all direct and induee[ costs of title trxtisfer to the vacatecl slreet be
ptiici by the pmponent or recipient of the transferned properfy; and
' \trHER-EAS, the City Council desires to vacate the ahove street pursuairt to Spokane Valley
Municipal Code Sections 10A5.220 -.380.
. NOW, 1't-ir.1tEFORE, the City Council of die City of Spokane Valley, Spokane County,
Washington, do ordain as follows:
Sectiun 1. Findinss ofI'act. T}ie City Couneil makes the fdllowing finclings of faet: (1) die
City laepartinent oP Public Works has revie,.ved the right-oE way ca bc vacated snd detennined that the property adjacent to the vscated property is othenviso served by public or private access; (2) a public
hearing on the proposecl vacation }ias been held in accordance with State Law and City Code before the
Planning Conunission with the record of such hearing and proceediugs Fled with the City Clerk; (3) no
wriften commen~,s were received by zin abutti.ng nroperties; ajid the Planning Commission made the
following recommendations:
I. 'l'he vacation of the streetlalley wi11 perrnit full dcvelopment of the property for benercial uses
Fuid permit appropriate levels of maintenance.
2. The Public Works 17epartment submitted cominents which analyzeci the portions of Shannon
Avenue for nEed and future use and responded by specifying Shannon Avenue is not required for
public access and is being replaced by the continuacion of Ntansfield avenue through a
recommended condition.
3. Given the present age and condition of adjacent development, it is unlikely that conditions will
c6angc in the future to provide a grcater use or need than presenily exists. This porlion of the
slreet has no continuation at either cud. [.t is an inaccessible landlocked island of public right-of-
way; an d
4. No objcetions have been re.ceived to the proposed vacation from die notice of publie hearing
and/or routing to staff and agencies
5. The applicant, as a c4ndition of this vacation, will dedicate right-of-way and border easements for
the eontinuacion of Ivfansfiel(l Avenue as we_Il as const-uct iN4ansfield Avenue accordino to
Collector Arterial Standards, as Nvell as provide public sanitary sewer easements wd an access
easement Erom currently improved Vlansfield Avenue. 1n light of these contxibutions, flie public
interests are best served by not imposin; anp additional charge pu.rsuant to Resolution \TO. 07-
009.
Secdon 2. 1'ronertv to be Vacateci. Based upon the above findings and in aceordttnce wi[h
t}lis Ordinancc, the Cit), Council does hereby vaaace the st.reeC or a11ey described on the attached Exhibit
"t1" which is incorporafed herein by reference, and defined as follows:
17tut partion af Slunlnon ftvenue right of }vay adjoniiiig the Sorrtherly hoTa?da?y of the Fr,st ha~fof
TR,4CT 7 artd TRACTS S 9 rnrd 10 ofAsses.ror's F'!at.,W.(, UCCfjYCItJ2g to the .l'la.t ehereof
recor-derl in Volwrre "F' " of Pluts, Pa,ge 14, records af Spokarze Cowrty, Wasirington.
Seetion 3. 17ivision of 1'rouertv to be Vacated. Pursuajtt to RCW 35.70.040 ancl SViMC
10.09.04. 10.1 l, facttial circumstances dictate a difFerent division and distribution of the sbeet or alley to
be vacated than one-half each to abutting property owners, thus the property to be vacated shall be
divictecl as recorded in the reeord of survey which shall be created and recorded widi the County as
required under SVMC.10.09.Q4.10.16. SecCion 4. Zoning. The Zonin? designation for the vacatecl property shall be the designation
attached to the a(ijoining properties .is sct forth within the respective property or lot lines. The Director of
Commtmity llevelopment is authorized ro make tliis notation on die official 7oning Vfap of the City.
Section S. Conditions of Vacation. The follovring conditions shall be fully sal:isfted prior to
the transfer of titlc by the City.
a) A record of sur-vey of che area cn be vacated, prepared by a registered sun=eyor in [hc Sta1e
of Washingion and including an exact metes and bounds legal description, anci spocifying iC
applicable any and all easements for constructioii, repair and maintenance of e.usringand
futurc utilities and servicesj shsJl be submittea by the proponent to the llirector. The record
of survey shaU contain the professional starnp and si,-rmature of the registered suiveyor aild
filed upon complerion with the Spokane County .auditor. The sunreyor shall provide the
- City of Spoka.ne Valley «<ith a mylar copy of the recordetl survcy al.ul the Atlditor's
Uocument Number ald date of recordation.
b) The sunleyor shall locate at least nvo mollurnents on [he centerline of the vacated ri;lit-Af.-
way with one located at the intersection of the centerline of the vacated riaht-of way with
each street or rigllt-of-way in accordanee with the standards established by tiie Spokane
Coiurry Standurds jor Roud and Setiver Coiutructioiz.
c) Dedieation of the rig6t-0f-way and border easements for the conti.nuation of Mansfield
Avenue, which will cross the main pareels that &ont onto this portion of Shannon Avenuc.
A9ansfield Avenue is to be constructed according to Collector rlrterial standards, matching
the section of the existing eylansfield to the east. Mansfeld is Yo be composed of 46 feet of
asphalt widdi and on cacli sidc Type 8 curb and gr.itter (2 feet), 10 foot roadside swale and a
6 foot sidewalk. The total wicith of improvements is 32 feet. °fliis requires 54 feet of right-
of.-way dedication and 1.4 foot border easements on both sides. .
d) A recorded ptiblic sanitary scwcr easement is requireci for future e.ctension in the .
portion of Shannon Avenue proposed for vacation pursuant to the Spokane Counly
Division of. Utilities.
e) Aii easement shall be crcated to providc access f'rom currently improved Manstield
Avenue (abuttuig the site to the east) prior to Shannon Avenue being vacated for
access to the cYistuig residcnce located on parcel number 45103.0204 or tLie
structure shall be removed.
f) All necessary easements require(l by Avista shall be shown on the record of survey and
«Tittsn dacumentat.ion from all utility companies is required tn be submitted to the
Coinmunity T)evelopment lairector, or desigiiee verifyino all easements have been
indicate(l. g) Payment of all direct and indirect costs of title transfer of the vacated street or alley from
public to private otivnership including but not limited to t:itle company charges, copying
fees, and recording fees are to be borne by the proponent. The City will not assume amy
financial responsibilil'y for any direct or indirect costs for the traiisfer of title.
h) The zoninc, district designation of die properties adjoininS each side of the street or alley to
be vacatecl siiall be auComakical ly extendeci ta the center of such vacation, and all area shall
iricluded in ehc vacation shall t:hen and henceforth be suUject lo a!l regulations of the
extended districts. The adopting ordinance shall speeii'y this zoning clistxict ea-tension
inclusive of the applicable zoning district designations.
i) A eertified copy of the ordinance vacating a sh•eet or ailey or part thereof shall be i-ecorded
by the city c(erk in the offiee of the Spokanc County auclitor,
j) All condieions of city couneil authorization shall be fully satisf ed prior to any transFer of
title by the City.
Seetion G. Closing. Follotivin~ satisfaction of ttie al~ove conclitions, the City Clerk shall
rccord a certified copy of this Ordinance in the oflice of the Coimey rluditor, and the Cily Manager is
authorized to execute a11 necessary documents, including a Quit Claim Deed, i.n orcler to complete die
transfer of Hie property identified liereui. .
Section 7. Severabilitv. If any section, sentence, clause or phrasc of this Ordinanee shall be
held to be invafid or unconscitutional by a court of competent jurisdiction, such invalidity or
uneonstitutionality shall not affect the validity or constitucionality of any other seetion, sentence, clause or
plirase of this ordinance.
Seetiori S. Effective Date. "1'his Ortlinance shall be in full force amd effeet FAve (S) days after
publication of this Ordinanoe or a summary thereof in the o1'ficial nawspaper of tlie City of Spoka.ne
Valle}, as provided by law.
i'ASSED by die City Council this 24'i' day of July, 2007.
f t
ATTF-ST:
Mayor, Diana GVilhile
Ciiy Clerk, Chrisline Ba'►nbr dge
Approved As To For
3~ice of t e i Flttornev
Jaate of PublicatiQn:08-03-07
Effective l7ate: 03-03-07
1'roperty DescriPtion ~
_ - y - .
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~ I .
~ I _sL
~ r = I 9 } f tlTansfield Avc
,
I ~ ~ I Cfa + y
e
30' (Nvide)
750' (length)