5897427 STV-04-06RETURN ADDRESS:
City of Spokane Valley
Attn: City Clerk
11707 East Sprague Avenue, Suite 106
Spokane Valley, WA 99206
05/03/2010 03:36:43 PM 5897427
Recording Fee $66.00 Page 1 of 5
Ordinance GOVERNMENT, CITY OF SPOKANE VALLEY
Spokane County Washington
Cover Sheet
Document Title:
CITY OF SPOKANE VALLEY ORDINANCE 07 -002 FOR STREET VACATION (STV- 04 -06)
File Number(s) of Related Documents:
Ordinances 07 -002
STV -04 -06
Grantor:
1. City of Spokane Valley
Grantee(s):
1. Ira and Annette Cranshaw 35233.1515
2. Devon and Charles Hause 35233.1527
3. Sundevil Development LLC 35233.2819
4. MDS Shuler 35233.2802
Legal Description:
Quarter S' /Z of SW' /4 Section 23 Township 25 Range43
(See. record of survey recorded under auditor recording # 5895886 for legal
description)
All Assessor's Tax Parcel ID Number(s):
►7
r 6
CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO. 07-002
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, PROVIDING FOR
THE VACATION OF THE PORTIONS OF 15 AVENUE BETWEEN PARCEL NUMBERS
35233.1515, 35233.1516 AND 35233.1517 TO THE NORTH AND PARCEL NUMBERS
35233.2802, 35233.2804 AND 35233.2805 TO THE SOUTH; AND PROVIDING FOR OTHER
MATTERS PROPERLY RELATING THERETO.
WHEREAS, the City Council by Resolution 06 -020 initiated vacation proceedings for a portion
of 15' Avenue located approximately 43 feet west of Carnahan Road in the vicinity of 15` Avenue cul-
de -sac and a portion 23 feet east of 15` Avenue cul -de -sac adjacent to Carnahan Road. The half of cul-
de -sac equals 3,505 square feet located between Parcel Nos. 35233.1515 & 35233.1516 (north) and
35233.2802 & 35233.2805 (south) and the portion adjacent to Carnahan is 20 feet wide by 60 feet deep
located between Parcel Nos. 35233.1517 (north) and 35233.2804 (south) (STV- 04 -06) by providing that a
hearing on the proposal would be held before the Planning Commission on the 14th day of December,
2006; and
WHEREAS, the Planning Commission held a public hearing on December 14, 2006; 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, and further found that:
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 15` Avenue for
need and future use and responded by specifying the requested portions are no longer required for public
use or public access subject to recommended conditions.
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; and
4. No objections have been received to the proposed vacation from the notice of public hearing and/or
routing to staff and agencies.
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
Ordinance 07 -002 Street Vacation STV -04 -06 Page 1 of 4
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.
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.
Section 3 . 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 4 . Conditions of Vacation The following conditions shall be fully satisfied prior to
the transfer of title by the City.
a) A record of survey 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. The record of survey
shall contain the professional stamp and signature of the registered surveyor and should be 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;
and
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; and
c) 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; and
d) 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;
and
e) The applicable zoning district designation (Urban Residential -3.5) shall be automatically extended to
the center of such vacation, and all area included in the vacation shall then and henceforth be subject to all
regulations of the extended districts.
Section 5 . Closin . 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
Ordinance 07 -002 Street Vacation STV -04 -06 Page 2 of 4
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authorized to execute all necessary documents, including a Quit Claim Deed, in order to complete the
transfer of the property identified herein.
Section 6 . 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 7 . 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 23` day of January, 2007.
Mayor, Diana Wilhite
A - S .
ity Clerk, Christine fia - --
Approved As To Form:
Office of thd Cily Atto y
Date of Publication: ,
Effective Date: a �
a �
`7.
Ordinance 07 -002 Street Vacation STV -04 -06 Page 3 of 4
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Exhibit "A"
Property Description