Ordinance 07-012 Providing Street Vacation of Shannon Ave CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO.07-012
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY,WASHINGTON,PROVIDING FOR
THE VACATION OF APPROXEMATLEY 30 FEET WIDE BY 750 LINEAR FEET OF
SHANNON AVENUE ABUTTING PARCEL NUMBERS 45103.0244,45103.0245 and 45103.0203
AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO.
WHEREAS,the City Council by Resolution 07-005 initiated vacation proceedings for a portion
of Shannon Avenue located north of Union Pacific Railroad and Indiana Avenue(STV-02-07)by
providing that a hearing on the proposal would be held before the Planning Commission on the 14th day
of June,2007.;and
WHEREAS,the Planning Commission held a public hearing on June 14,2007;and
WHEREAS, following a hearing, the Planning Commission found that the notice and hearing
requirements of Title 10 Article IX Section 10.09.04.10 of the Spokane Valley Municipal Code have been
met;
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 City Council desires to vacate the above street pursuant to Spokane Valley
Municipal Code 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 Department of Public Works has reviewed the right-of-way to be vacated and determined that the
property adjacent to the vacated property is otherwise served by public or private access; (2) a public
hearing on the proposed vacation has been held in accordance with State Law and City Code before the
Planning Commission with the record of such hearing and proceedings filed with the City Clerk; (3) no
written comments were received by an abutting properties; and the Planning Commission made the
following recommendations:
1. The vacation of the street/alley will permit full development of the property for beneficial uses
and permit appropriate levels of maintenance.
2. The Public Works Department submitted comments which analyzed 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 continuation of Mansfield Avenue through a
recommended condition.
3. Given the present age and condition of adjacent development, it is unlikely that conditions will
change in the future to provide a greater use or need than presently exists. This portion of the
street has no continuation at either end. It is an inaccessible landlocked island of public right-of-
way; and
Ordinance 07-012.Street Vacation STV-02-07 Page 1 of 4
4. No objections have been received to the proposed vacation from the notice of public hearing
and/or routing to staff and agencies
5. The applicant,as a condition of this vacation,will dedicate right-of-way and border easements for
the continuation of Mansfield Avenue as well as construct Mansfield Avenue according to
Collector Arterial Standards, as well as provide public sanitary sewer easements and an access
easement from currently improved Mansfield Avenue. In light of these contributions,the public
interests are best served by not imposing any additional charge pursuant to Resolution No. 07-
009.
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 described on the attached Exhibit
"A"which is incorporated herein by reference,and defined as follows:
That portion of Shannon Avenue right of way adjoining the Southerly boundary of the East half of
TRACT 7 and TRACTS 8, 9 and 10 of Assessor's Plat No.6, according to the Plat thereof
recorded in Volume "P"of Plats, Page 14, records of Spokane County, Washington.
Section 3. Division of Property to be Vacated. Pursuant to RCW 35.70.040 and SVMC
10.09.04.10.11, 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 SVMC 10.09.04.10.16.
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.
Section 5. Conditions of Vacation. The following conditions shall be fully satisfied prior to
the transfer of title by the City.
a) 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. The record
of survey shall contain the professional stamp and signature of the registered surveyor and
filed upon completion with the Spokane County Auditor.The surveyor shall provide the
City of Spokane Valley with a mylar copy of the recorded survey and the Auditor's
Document Number and date of recordation.
b) 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.
c) Dedication of the right-of-way and border easements for the continuation of Mansfield
Avenue,which will cross the main parcels that front onto this portion of Shannon Avenue.
Mansfield Avenue is to be constructed according to Collector Arterial standards,matching
the section of the existing Mansfield to the east. Mansfield is to be composed of 46 feet of
asphalt width and on each side Type B curb and gutter(2 feet), 10 foot roadside swale and a
6 foot sidewalk. The total width of improvements is 82 feet. This requires 54 feet of right-
of-way dedication and 14 foot border easements on both sides.
d) A recorded public sanitary sewer easement is required for future extension in the
portion of Shannon Avenue proposed for vacation pursuant to the Spokane County
Division of Utilities.
Ordinance 07-012 Street Vacation STV-02-07 Page 2 of 4
e) An easement shall be created to provide access from currently improved Mansfield
Avenue (abutting the site to the east)prior to Shannon Avenue being vacated for
access to the existing residence located on parcel number 45103.0204 or the
structure shall be removed. '
f) All necessary easements required by Avista 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.
g) Payment of all direct and indirect costs of title transfer of the vacated street or 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.
h) 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 shall
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.
i) A 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.
j) All conditions of city council authorization shall be fully satisfied prior to any transfer of
title by the City.
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 24th day of July,2007.
ATTEST: 04---4A1LQA- W tt,91.1\&1
aMayor,Diana Wilhite
�. ��_.!_,i_
City Clerk,Christine Bainb_idge /
-Approved As To For
44 /
Office oft e i'- Attorney
Date of Publication:08-03-07
Effective Date: 08-08-07
Ordinance 07-012 Street Vacation STV-02-07 Page 3 of 4
Exhibit"A"
Property Description
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Ordinance 07-012 Street Vacation STV-02-07 Page 4 of 4