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Recording Fee $49 00 Page 1 of 8
Ordinance CITY OF SPOKANE VALLEY
Spokane County Washington
RETURN ADDRESS:
City of Spokane Valley
Attn City Clerk
11707 East Sprague Avenue, Suite 106
Spokane Valley, WA 99206
Cover Sheet
Document Title:
CITY OF SPOKANE VALLEY ORDINANCE 08-028 AND ORDINANCE 09-04 FOR STREET
VACATION (STV-02-08)
File Number(s) of Related Documents:
Ordinances 08-028 and 09-004
STV-02-08
Grantor:
1 City of Spokane Valley
Grantee(s):
1 Brent _Elliott 45231,1510, 45231 1512, 45231 1511
2 Emily and Duane Poffenberger 45231 1523
3 Lawrence and Sharon Heller 45231 1524
4 David and Lisa Bowers 45231 1519
Legal Description:
Quarter SW 1/ of NE % Section 23 Township_25 Range 44
(See Section 2 of Ordinance 09-004 for legal description)
All Assessor's Tax Parcel ID Number(s):
N/A
CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO. 09-004
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY
WASHINGTON, AMENDING SECTION 2 OF ORDINANCE 08-028 AND EXHIBIT A
RELATING TO THE LEGAL DESCRIPTION FOR TAE VACATION OF
APPROXIMATELY 390' IN LENGTH OF 5' AVENUE ABUTTING PARCEL
NUMBERS 45231.1510, 45231.1511, 45231.1512, 45231.15199 45231.1523 AND
45231.1524, AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING
'ITHERETO.
WHEREAS, the City Council passed Ordinance 08-028 on December 9, 2008 which granted
Brent Elliott's request to vacate approximately 390' of 5`h Avenue as described in Application file
#STV02-08, and
Whereas, the City of Spokane Valley staff noted an error in the legal description in section 2 of
the ordinance relating to the property to be vacated, and
Whereas, correcting the error will not change any values of the total amount due to the City for
the property to be vacated, and
Whereas, the City of Spokane Valley wishes to correct the error to avoid confusion regarding the
property to be vacated
NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County,
Washington, do ordain amending ordinance 08-028 as follows
Section 1. Section 2 of ordinance 08-028 shall be amended as follows
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 which is incorporated herein by reference, and
defined as follows
That portion of 5`h Avenue right-of-way located approximately 257' east of Progress Road and
approximately 233' west of Newer Street as depicted in Appendix A attached hereto and further
described as the south 20 00 feet of the north half and the north 20 00 feet of the south half of
Tract 135, Vera Addition, according to plat recorded in volume "O" of plats, page 30, Spokane
County, Washington, except any portion lying within the west 215`h of said Tract 135, located in
the SE Y4 of the NE of Section23, Township 25 North, Range 44 East, Willamette Meridian,
Spokane County, Washington
Section 2 Exhibit A of ordinance 08-028 shall be amended as is set forth in the attached amended
Exhibit A
Section 3. All other provisions of Ordinance 08-028 shall remain in full force and effect
Section 4. Severabilrty If any section, sentence, clause or phrase of this Ordinance shall be held to be
mvahd or unconstitutional by a court of competent j unsdiction, such invalidity or unconstitutionality shall
not affect the validity or constitutionality of any other section, sentence, clause or phrase of this
ordinance
Section 5 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
Approved As To Form:
Office of City Attorney
Date of Publication -D~
Effective Date
1
Exhibit "A"
Property Description
That portion of 5t' Avenue right-of-way located approximately 257' east of Progress Road and
approximately 233' west of Newer Street as depicted below, located in the SE 1/4 of the NE 1/4 of
Secthon23, Township 25 North, Range 44 East, Willamette Meridian, Spokane County,
Washington
Portion of 5t' Avenue to be
vacated
e j lop,
5th Avenue V 'Odd
a
e c
0~001mi 0 29
CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO. 08-028
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY
WASHINGTON, FROVmIvG FOR THE VACATION OF APPROXIMATELY 390' IN
LENGTH OF 5r' AVENUE ABUTTING PARCEL #'S 45231.1510, 45231.1511,
45231. 1512, 45231.1519, 45231.1523 AND 45231.1524, AND PROVIDING FOR OTHER
MATTERS PROPERLY RELATING THERETO.
WHEREAS, the City Council by Resolution 08-018 initiated vacation proceedings for a portion
of 5`i' Avenue approximately 390' in length and located approximately 250' east of the intersection of
Progress Road and 5'h Avenue (STV 02-08, by providing that a public hearing on the proposal would be
held before the Planning Commission on the 23 day of October 2008, and
WHEREAS, an application for vacation was filed on July 11, 2008 and determuied to be
complete on September 12, 2008, and
WHEREAS, the Planning Commission held a public hearing on October 23, 2008, and
WHEREAS, following a hearing, the planning Commission found that the notice and hearing
requirements of the applicable Spokane Valley Municipal Code section 22 140 020 have been met, and
WHEREAS, the Planning Commission findings and/or minutes have been filed with the City
Clerk as part of the public record for the vacation, the Planning Commission having made no
recommendation, and
WIREREAS, 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 one half to each of the adjacent property owner's of the following parcel #s that
abut the right-of-way 45231 1510, 45231 1511, 45231 1523, 45231 1524, 45231 1519, and 45231 1512)
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 streets pursuant to Spokane Valley
Municipal Code Section 22 140
NOW, TREREFORE, the City Council of the City of Spokane Valley, Spokane County,
Washington, do ordain as follows
Section 1 Findings of Fact The Planning Commission made no recommendation to the
Council regarding the request and therefore no findings were provided The City Council must
provide findings of fact in support of the following statements in order to approve or conditionally
approve the request
1 The change of use or vacation of the street will better serve the public because the existing
right-of-way is not developed and does not connect at the eastern boundary The vacation
will allow for development of the remaining property in a manner that will promote ill-fill
development and the construction of affordable housing
2 The street is no longer required for public use or public access because connectivity of the
roadway in question does not exist on the eastern boundary, further a single family home
blocks what would be the extension of 5"' Avenue
3 The substitution of a new and different public way would be more useful to the public
because streets and/or roadways will be designed to meet the specific development
requirements of the property owner
4 Conditions will not change in the future as to provide a greater use or need than presently
exists because of the lack of a right of way and the construction discussed above
5 No objections to the proposed vacation have been made by owners of private property
(exclusive of petitioners) abutting the street or alley
6 Pursuant to Resolution 07-009, Section I Policy
a The cost for property received as a result of a vacation initiated by an adjacent property
owner shall equal 50% of the appraised value of the vacated property received
i The appraised value shall be the same as the value of an equivalent portion of
property adjacent to the proposed vacation as established by Spokane County
Assessor at the time the matter is considered by the City Council
ii If the value of adjacent properties differs, than the average of the adjacent
property values per square foot will be used
Based on the average assessed value of the adjacent properties, $9,789 00 is 50% of the assessed
value
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 which is incorporated herein by reference,
and defined as follows
That portion of 5" Avenue right-of-way located approximately 257' east of Progress Road an
approximately 127' west of Newer Street as depicted in Appendix A attached hereto, located in
the SE % of the NE '/a of Section23, Township 25 Aforth, Range 44 East, Willamette Meridian,
Spokane County, Washington
Section 3 Division of Property to be Vacated Pursuant to RCW 35 79 040 and SVUMC
22 140 040(C), unless factual circumstances dictate a different division and distribution of the street to be
vacated the property shall belong to the abutting property owners, one-half to each, and thus 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 Zonin 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
I The completion of the street vacation STV-02-08 including all conditions below shall be
submitted to the City for review within ninety (90) days following the effective date of
approval by the City Council
2 The vacated property shall be transferred, '/2 to each abutting property owner
3 Following the City Council's passage of the ordinance approving the proposal to vacate the
street or alley, 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
of Community 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 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
All direct and indirect costs of title transfer of the vacated alley from pubic 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
6 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
included to 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
7 The record of survey and 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
8 All conditions of City Council authorization shall be fully satisfied prior to any transfer of
title by the City
9 Payment in the amount of $8489 00 ($9,789 00 less $1,300 00 previously paid) shall be
proportionately paid by the adjacent property owners receiving the property
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 9'h day of December, 20-08
ATTEST
Adichar Mun on, Mayor
Mayor
2A Z /11&411
City Clerk, Christine ainbridge
Approved As To Form: •
Office o he bty Att rney
Date of Publication g
Effective Date -Z
• .
Exhibit "A"
Property Description
That portion of 5°h Avenue right-of-way located approximately 257' east of Progress Road and
approximately 127' west of Newer Street as depicted below; located in the SE V. of the NE 1/2 of
Section23, Township 25 North, Range 44 East; Willamette Meridian, Spokane County,
Washington
Ordmwce #08-028 - Street Vacation #02-08 Page 4 of 4