6301184 STV-2013-0001 04/30/2014 11:03:34 AM Y 6301184
Recording Fee $77.00 Page 1 of 6
Ordinance GOVERNMENT, CITY OF SPOKANE VALLEY
Spokane County Washington
Ell 1111111111111111111111111111111111111 III1111111a!III/II!
RETURN ADDRESS:
City of Spokane Valley
City Clerk
11707 E. Sprague Avenue #106
1 Spokane Valley, WA 99206
Street Vacation Ordinance Cover Sheet
Document Title:
ORDINANCE No. 13-017—STREET VACATION
Number(s) of Related Documents:
STV-2013-0001 (Street Vacation) Record of Survey
SP-1243-00 (Short Plat)
BLA-2013-0023 (Boundary Line Adjustment)
Grantor:
1. City of Spokane Valley
Grantee(s):
1. ALYAH VALLEY PROPERTIES, EVERGREEN &VALLEYWAY, LLC
both are adjacent property owners to the street vacation
Legal Description:
Quarter SW Section 14 Township 25 Range 44
(See attached new legal(s) description)
All Assessor's Tax Parcel ID Number(s):
45143.1582, 45143.1573
Staff Approval
Spokane
,'Valley
CITY OF SPOKANE VALLEY
Community Development Department
Planning Division
DATE: APRIL 29,2014
PROPERTY OWNER(S):
1. CITY OF SPOKANE VALLEY,ALYAH VALLEY PROPERTIES,EVERGREEN&VALLEYWAY,LLC
SITE ADDRESS:
NEITHER PARCEL IS ADDRESSED,BOTH ARE VACANT
EXISTING LEGAL DESCRIPTION(S)FOR STREET VACATION:
Parcel No(s).
45143.1582, 45143.1573
Quarter SW Section 14 Township 25 Range 44
PROPOSED LEGAL DESCRIPTION(S)FOR LOT LINE ELIMINATION/ADJUSTMENT:
See attached page for proposed legal description(s).
Quarter SW Section 14 Township 25 Range 44
APPROVED BY:
1 ilzvlZOIV
Planning Division Signature/Title Date
CITY OF SPQR:AND:V*4'4y
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO.I3-01.7
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY
WASHINGTON,- PROVIDING FOR A RIGHT-OF-WAY VACATION OF
APPROXIMATELY 111 FEET IN LENGTH BY 19, FEET OF WIDTH OF ALICI
AVENUE LOCATED BETWEEN THE SOUTHERN BOUNDARY OF PARCELS
45I43,130 45143.1328 AND THE NORTHERN BOUNDARY OF PARCELS .,
45143.1582 AND 45143.1573,Axp,PROVIDING FOR OTHER MATTERS PROPERLY
RELATING THERETO,
WHEREAS,an application.forvacation was filed oitduly-12,2013,and Was Obniplete
on August 1,2013;and
WHEREAS, the City Council by Resolution 13-1107 set a public hearing date for:September It
:2913/with The Planning Commission,and
WHEREAS;therPlanning Ceniniission held a public hearing on Septentber 12,2013;and
WHEREAS, following a hearing, the Planning Commission found that the notice and bearing
Itimirtinenta of the applicable SpokaneValley Municipal Code section 22,140.020 have beeti met;and
WHEREASOlie Planning Commission findings and.recommendation have been filed with:the
City Clerk as part'of the'public record supporting*vacation;and
WHEREAS, urine of the property,oWneri abutting the property to be vacated filed a 'Written
objection to the proposed vacation:with:the City Clerk;and
WHEREAS,-Chapter 22.140 Spokane Valley Municipal Code(SVMC) stipulates City Council
shall specify that the vacated portion of the tight-of-way shall belong to the property owners of the
parcels-*batting to the south; that affected utilities have reviewed the vacation and. do not requite
continued easements; that the.zoning district;designation of the propeities adjoining 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 costa of title transfer to the vacated street be paid by *
proponent or recipient of the transferred property;and
WHEREAS, the vacated tight;Olway is wholly•contained withth the'pateels :Stated above and
created pursuant to Short Plat SP-1243,00-at no public expense;and
WHEREAS,'110.003,ton:1CH Ohea to vaoate theabnve tight Of Way puratutuit to.SVMC 22.140.
NOVii THEREFORE, the City Council of the City of Spokane Valley, Spokane County,
Washington,do!ordain as follows:
Section't Findings of Fact: The City Council makes the following findings Of faun
1. The right-of-waywas noverimprovcd Wititpavemeint,turitor stittet Enid renlained Vaeant
properly.- Vacating the right-of-Way will allow property owners to develop the adjacent
properties withaccess taken from'Evergreen Road.
2, The south half-street tight-of-way was dedicated as runt of short subdivision SP-1234-U0
in Mardi 2002. It was not required to be built at the time of the subdivision and has
neva been built: It remains vacant: The north half of the right-of-Way has heyer been
dedicated.-
Ordinance 13.017-street vattniptist090-00* Pagel M4
•
•
. .
•
•
•
3. the ciirrent half-sheet configuration would not penult an emergency vehiale to turn
around. The applicant has agreed to dedicate an emergency access turn-around as part of
the vacation. The dedication of the turn-around will provide a workable alternative for
emergency vehicles and snow removal equipment. The current half-sheet right-of-way
configuration provides no viable turn-around. -
•
4 The surrounding property owners are able to access the:properties,.atjacent to the right-
•Of-way front Evergreen Avenue. There are currently tib:plaih for future development,of
this right-of-way,It is not in use at this time;
5. No public comments have been received t'egaiding the .proposed vacation, Spokane
County Utilities and Vera Water and Power, have con firmed they have no utilities in the
right of- way and will not require easements, Avista Utilities requested a tea-foot
easement to extend across the northern portion of the vacated right of way but withdrew
that requirement in an email dated September-30;2013,
G. Pursuant to Resolution 07-009, Policy for Imposing Vacation Charges Pinsuant to RCW
• 35.79.030, the City of Spokane Valley has the authority to Charge for vacations in an
amount that does not exceed 50%of the full appraised value or fol the full amount of the
area vacated Where the street has been pan Of n dedicated right-of way for over twenty
five years or if the property was acquired at public expense: Notwithstanding those
provisions; the applicant shall pay the fee only to the extent it exceeds the cost charged
by the City to initiate the vacation process, The following facts'erre relevant to the
Council's determination of the amount to charge for the vacation;
t 'The tight of way was dedicated hi 2002 through a that plat.
• b. The right of way.was not obtained-tit ptibiic expense;
•
.c. The applicant is dedicating right ofwayto build eiiieigeticy;aocess turriraround.
d. The difference between the area-being vacated and the area b'ehig dedicated for the
turnaround is considered roughly equivalent.
Based on this assessment the City does not seek payment forthevacated right of way.
Seation 2, Property to be Vacated. Based upon the Above findings and in accordance with
thiSOidinance, the City Council does hereby vacate the street orilley Which is incorporated herein by
reference, and defined as follows:.
The west app,osiiiiately f 11 feet of the larlf-s/i eet pot iron of Alki Avenue establrsked per Shot/
Hey SP-1243-06 as,eeetdled in Book I8 of plats,Page 2, lying tpotlhen:ly of?)acts C rani of
said pint.
•
•
$ectioi 3. Division of Property to be Vacated. .Pursuant to RCW 35,79.040 and SVMC
22.140.040(C), the vacated portion of the street or alley Alai I belong to the abutting property owners,one-:
half to.each. The vacated right of way is the south-one-half of Alkl Avenue and shall belong to the lots .
abutting to the'south, as recorded in the record of survey which shall be created and recoided with the
County as'required under Section 22.140.090 SVMC.
Section 4. Zoning: The zoning designation fot the vacated property shall be the designation
;ettaahed 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 onihe Official Zoning Map of the City;
Sectio t& Conditions of Vacation. The following conditions shall be'fully satisfied prior to
the transfer of titleby the City:
Priliitiee,13=.017-Street Vacation STy401340001 •Page2 of 4
•
•
1. The completion.Of the street vacation<File No. STV=2013-0001) including all.
conditions below shall be submitted to the City for reviewwithin ninety (90)
days following the effective date of approval by the City Council,
2. The.vacated property shall be transferred to the:property ownerabutting tot•
he
south.
3,. Following the City Council's passage: of the ordinance approving the street
Vacation, 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 easeiilents for
construction,repair and maintenance.of existing mid future utilities and services;
• shall be subinitted by the proponent to the Director of Coinnumity Development,
or designee for review, The survey shall include the area upon which the
emergency access t uii aiotuhd will be dedicated and shall sllowtheturn-around.
4. The surveyor shall locate at least two monuntentscntlie centerline ofthe vacated
right-of-way.•witli one located at the intersection of the centerlineofthe vacated •
right-of-way with each street or right,-of-way:in accordance with the standards
established by the City of Spokane Valley Street Standards.,
S. Ail'dnect mild indirect costs Oita,transfer of the vacated'Street from public to
private ownership including-but not limited to title:company charges;copying
.fees, and recording fees ere.to be borne by the proponent. Tile City Will not
assume any financial responsibility for'any direct orindirect costs for the transfer
of title.
y. The Garden Office 00) and Single-Family Residential ;(R-3) zoning •district
designation of the properties adjoining the south side:of the vacated right of way
- shall be automatically extended to include the vacation, and all area'included in
the vacation shall then and henceforth be subject to all regulations of the
extended districts.
7. The and bordereasements-located adjacent to the vacated right of way are
hereby reliugnislied ne'paitp'f the vacation:.
•
•
S. The record of surveyand certified copyoftheordinanceshali be recorded by the
City in the office of the Spokane County Auditor. The:ordinance's recording
cover page shall reference the ,recording number Of the 2002 plat to tie the
41.edication and subsequent vacation/easement releases together
9. The dedication of the emergency. access turnaround shall be effected through
deed by the proponent. The proponent shall prepare the transfer deed.aitd real
estate affidavit documents and record them with the Spokane County Auditor's
office.
10. All conditionsofCity authorization shall:be:fully satisfied pi for to any transfer •
of title by the City.
• Sectlou.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 in order to•complete the transfer of the property identified
liereirt.:
.$ectionl. Severability. if any section,sentence,clause.or phrase of this-Ordinance shnil'be
held to- be invalid or unconstitutional by ;tl bpurt of competent jurisdiction, so* invalidity or
:bi•dbiance 13-019-.Street Vacaiion:STV-2D13-i100i Page 3 Of 4
•
unconstitutionality shall not affect the•validity,o $UtqtJø!i&ityofaiiy oilier section,•sentence,elapse et,
phrase of this ordinance:
Section 8. EffectiveDate. This(Winans shall In full foi:ce and effect Eye(5)days'after
publication of this ChAinaitee Ot a summary thereof in the official newspaper of the City of Spokane
3/4.11.10Y Og'providedty111W.
PASSED by the City Council this.26 clay of Notettilieic 2013,
ATTEST: /I
Theinas E.Tol ey,Mayor
C'Ln p .
11,11 40A.
iristine Bailibrid;.e,City Clerk
•
Approved As to Vont;
fit 29. t3
0 fice f the City Attorney
Date of Publicafibti: -.2013
Effeeliye Date; I/- 26/3
•
Oratnapc0.13-017-$1reet.VsteationtSTV-20134g101 Page 4 of