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5791065 STV-01-08 f ~ ~ - - - ~ " 05/14/2009 01 57 01 PM 5791065 Recordin9 Fee $47 00 Page 1 of 6 Ordinance GOVERNMENT, CITY OF SPOKANE VaLLEY Spokane County Washin9ton RETURN ADDRESS: City Clerk Crty of Spokane Valley 11707 East Sprague, Suite 106 Spokane Valley, WA 99206 Bouradary Line Adjustment Cover Sheet Document Title: CITY OF SPOKANE VALLEY ORDINANCE 08-01 H FOR STREET VACATION (STV-OI-OH) Number(s) of Related Documents: Ordinance 08-018 STV-O1-08 Grantor: Crty of Spokane Valley Grantee(s): Alan Schneider Legal Description: Quarter NE Section 03 Townslup 25 Range 44 (See attached new legal descnption) All Assessor's Tax Parcel ID Number(s): N/A ~ CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHIINGTON ORDINANCE NO. 08-018 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY WASHINGTON, AMENDING ORDINANCE NO. 08-016, SECTION 5, RELATING TO CONDITIONS OF VACATION WHICH PROVIDED FOR TSE VACATION OF APPROXIlVIATELY 140 FEET IN LENGTH OF THE ALLEYWAY LOCATED APPROXII1ViATELY 145 FEET NORTH OF T'HE INTERSECTION OF TRENT AVENUE AND AVALON ROAD, AND PROVIDING FOR OTHER MA.'ITTERS PROPERLY RELATING THERETO. WBEREAS, the City Council by Resolution #08-012, inrtiated vacation proceedings for a portion of alleyway approximately 140 feet in length and located approxunately 145 feet north of the mtersection of Trent Avenue and Avalon Road (STV 01-08) by providing that a Pubhc Heanrng on the proposal would be held before the Plannmg Commission on the 10'' day of July 2008, and WB.EREAS, a completed application for vacahon was filed on May 12, 2008, and WHEREAS, the Plaruung Commission held a public heanng on July 10, 2008, and WHEREAS, following a hearmg, the Planning Commission found that the notice and hearing requirements of the applicable Spokane Valley Mumcipal Code section 22,140 020 have been met, and WHEREAS, the Planwng Commission findmgs andlor minutes have been filed with the City Clerk as part of the public record supporting the vacahon, and WHEREAS, none of the property owners abuttuig the property to be vacated filed a wntten objecrion to the proposed vacahon wrth the City Clerk, and WHEREAS, through adopted Crty Code provisions, the City shall provide that the vacated property be transfened, one half to each abuttmg property owner, m this case the same party, that the zonuig distnct designahon of the properties adjommg each side of the street shall attach to the vacated property, that a record of survey shall be submitted to the Director of Communrty Development, and thaf all duect and mdirect costs of trtle transfer to the vacated street be paid by the proponent or recipient of the transferred property, and WHEREAS, the City Council desues to vacate the above streets pursuant to Spokane Valley Municipal Code Sechon 22 140 NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington, do ordam as follows Section 1. FindmQS of Fact The City Council makes the followmg fmduigs of fact 1 The vacation of the alley will better serve the public because it will allow for the full development of the property for beneficial uses and permit appropnate levels of maintenance 2 The alley is no longer requued for pubhc use or public access J 3. The subshtution of a new and different public way would not be more useful to the pubhc. 4 Given the present age and condihon of adjacent development, rt is unlilcely that condihons will change in the future to provide a greater use or need than presently exists This porhon of the alley does not provide access to parcels at erther end 5 No objecrions have been received to the proposed vacation from tha notice of pubhc hearmg and/or routing to staff and agencies 6 Pursuant to Resolution 07-009, Section 1 Pohcy 1 The cost for property received as a result of a vacation nuriated by an adjacent properiy owner shall equal fifty per cent (50%) of the appraised value of the vacated properiy recerved a The appraised value shall be the same as the value of an equivalent portion of properly adjacent to the proposed vacation as established by the Spokane County Assessor at the tune the matter is considered by the City Council b If the value of adjacent properties dLffers, then the average of the adjacent property values per square foot will be used Based on the average assessed value of the adjacent properties, $2,654 40 is 50% of the assessed value Section 2. Pronertv to be Vacated Based upon the above fmdings and m accordance wnth this Ordinance, the City Council does hereby vacate the street or alley which is mcorporated herein by reference, and defined as follows That portron of the alley located west of Avalon Road, south of Rockwell Avenue and north of T'rent Avenue,from its eastern terminus at Avalon Road approximately 140 feet west as deprcted in Appendrx A attached hereto, located in the SW '/a of the NE '/c of Secnon 3, Township 25 North, Range 44 East, Willamette Meridian, Spokane County, Washtngton. Secttoo 3. Division of Prouertv to be Vacated Pursuant to RCW 35 79 040 and SVIVIC 22 140 040(C), factual circumstances dictate a different division and distnbution of the street or alley to be vacated, one half to each abuthng property owner, m this case the same party, 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 Section 22 140 090 SVMC Section 4 Zoning The Zonmg designation for the vacated property sha11 be the designation attached to the adjoinuig properties as set forth withi.n the respective property or lot lines The Duector of Community Development is authonzed to make this notation on the official Zoning Map of the City Section 5 Condrtions of Vacation The followulg condihons sha11 be fully satisfied pnor to the transfer of title by the City 1 The complehon of the street vacahon STV-O 1-08 includmg all conditions below shall be submitted to the City for review wrthin nuiety (90) days followmg the effective date of approval by the City Council 2. The vacated property sha11 be transferred, %z to each abuthng property owner 3 Followuig the City Council's passage of the orduiance approvmg the proposal to vacate the street or alley, a record of survey of the azea to be vacated, prepared by a registered surveyor ui the State of Washuigton and includmg an exact metes and bounds legal descnption, and specifying if applicable any and all easements for construcrion, repair and mamtenance of . . ' existmg and future utilrties and services, shall be submitted by the proponent to the Director of Commumty Development, or designee for review 4 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 centerlme of the vacated right-of-way with each street or nght-of-way in accordance wrth the standazds established by the Spokane County Standards for Road and Sewer Constructron 5 All duect and induect costs of title transfer of the vacated alley from public to private ownership mcludmg but not lunrted to title company charges, copywg fees, and recordmg fees are to be borne by the proponent The City will not assume any fmancial responsibdity for any direct or mdirect costs for the transfer of title 6 The zoning district designation of the properties adjowmg each side of the street or alley to be vacated shall be automatically extended to the center of such vacation, and all area mcluded in the vacation shall then and henceforth be subject to all regulahons of the extended districts The adoptmg ordmance shall specify this zoning distnct extension mclusive of the applicable zonuig district designahons 7 The record of survey and certified copy of the ordmance vacatmg a street or alley or part thereof shall be recorded by the crty clerk m the office of the Spokane County Audrtor. 8 All condrtions of City Council authoru_ation shall be fully satisfied pnor to any transfer of htle by the City 9. Payment m the amount of $1,354 40 ($2,654 SO less $1,300 00 previously paid) 10 Applicant shall provide a Joint Access Agreement for pazcel numbers 450310307, 45031.0308 and 4503103091uniting access to one driveway along Trent Avenue to be approved by the City's Traffic Enguieer Agreement shall be recorded wrth the Spokane County Audrtors office and a copy provided to the City of Spokane Valley Plannmg Division Section 6. Closuig Followmg satisfachon of the above condrtions, the City Clerk shall record a certified copy of this Ordinance in the office of the County Audrtor, and the City Manager is authorized to execute all necessary documents, including a Quit Claim Deed, m order to complete the transfer of the property identified herem Section 7. Severabilrtv If any sechon, sentence, clause or phrase of this Ordmanca shall be held to be mvalid or unconstrtuhonal by a court of competent jurisdichon, such invalidity or unconstitutionalrty shall not affect the validrty or constituhonahty of any other sechon, sentence, clause or phrase of this ordinance Section 8 Effective Date Tlus 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 Crty Council this 9th day of September, 2008 r~ Z~j chard i~IayChristine Bainbrige, City Clerk J • • Approved As To Form: Office o the Crty Attomey Date of Publication Effecnve Date i ~ z 1 I ~ ~1t~P3 ~ l ~ . ~ ~ . ~ ~ , ti ,