Ordinance 10-011 Right-of-Way Vacation STV-01-10 Portion of 16th Ave. CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 10-011
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY
WASHINGTON, PROVIDING FOR A RIGHT-OF-WAY VACATION TO VACATE
APPROXIMATELY 210 FEET IN LENGTH BY 30 FEET IN WIDTH OF 16TH
AVENUE LOCATED BETWEEN PARCELS 35262.9091 AND 35262.0803 TO THE
SOUTH AND PARCELS 35233.2711, 35233.2712, 35233.2719 AND 35233.2822 TO THE
NORTH, AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING
THERETO.
WHEREAS, a completed application for vacation was filed on March 12,2010, and
WHEREAS,the City Council by Resolution 10-008 set a public hearing date for May 13,2010
with the Planning Commission; and
WHEREAS,the Planning Commission held a public hearing on May 13, 2010; 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 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 parcels 35233.2711, 35233.2712, 35233.2719 and 35233.2822; that the zoning
district designation of the properties 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
costs of title transfer to the vacated street be paid by the proponent or recipient of the transferred property;
and
WHEREAS, the vacated roadway is wholly contained within the parcels dedicated above and
created pursuant to Woodland Terrace Plat.
WHEREAS, the City Council desires to vacate the above street pursuant to Spokane Valley
Municipal Code Section 22.140.
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 vacation of the street will better serve the public because it will allow for the full
development of the properties (parcels 35233.2711, 35233.2712, 35233.2719 and
35233.2822)abutting to the north.
2. The street is no longer required for public use or public access. The street cannot access
Carnahan Road or Kahuna Drive to the east and the natural environment (Glenrose Creek)
prohibits connection to the west.
Ordinance 10-011-Street Vacation STV-01-10 Page 1 of 5
3. The substitution of a new and different public way would be more useful to the public.
The creation of 16th Lane (private drive)provides a new and more useful path of travel for
lots to access onto Kahuna Drive and Carnahan Road.
4. 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. It is
recommended that 16`h Avenue right-of-way be aggregated with the northerly parcels.
5. The vacated property is wholly within the above described parcels and title shall vest in
those parcels on the northern boundary of the vacated roadway.
6. No objections have been received to the proposed vacation from the notice of public
hearing and/or routing to staff and agencies.
7. Pursuant to Resolution 07-009, Section 1: 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, $6,797.50 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 or alley which is incorporated herein by
reference,and defined as follows:
That portion of 16th Avenue per the plat of Woodland Terrace as recorded in Book "I"of plats,
page 16, lying westerly of the westerly boundary of Block 28, and lying easterly of the southerly
extension of the westerly boundary line of Lot 10 of Block 27 of said plat.
Section 3. Division of Property to be Vacated. Pursuant to RCW 35.79.040 and SVMC
22.140.040(C), factual circumstances dictate a different division and distribution of the street to be
vacated to parcels 35233.2711, 35233.2712, 35233.2719 and 35233.2822, 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 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.
1. The completion of the street vacation(File# STV-01-10)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 to parcels 35233.2711,35233.2712, 35233.2719
and 35233.2822 abutting the vacation on the north.
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3. The existing easement for the private road and utilities will need to be updated to include the
portions of the private road and utilities that are currently in the right-of-way which is
proposed to be vacated. A draft easement will need to be submitted to the City of Spokane
Valley Development Engineering Division and Avista Utilities to be reviewed and accepted.
4. Prior to finalization of the street vacation, a voluntary compliance agreement must be signed
providing that within one year of the approval of the vacation:
a. The revised private road and utility easement will be recorded.
b. A Homeowner's Association(HOA)will be formed to assume the responsibility for
the operation and maintenance of the facilities that are within the 16th Lane project, as
depicted in the approved SF-03-05 Civil plans, including the onsite stormdrain
system, 16th Lane itself,the stormwater channel along the south edge of 16th Lane
and other related onsite facilities.
c. An Operations and Maintenance Manual with a financial plan for the facilities, and,
CC&R's for the HOA will be prepared for review and approval by the Development
Engineering Division.
d. The stormwater generated by the 16th Lane project will be covered by one of the
following:
i. The stormwater would be kept onsite rather than flowing into the existing
stormdrain that is north of this project. This would involve a redesign of the
current accepted Civil plans and construction of the new stormwater facilities. A
financial surety will be required to cover the revised improvements not
constructed and accepted within the one year.
ii. The stormwater would flow into the existing stormdrain system that is north of
this project and the HOA will assume a proportional share of the responsibility
for the operation and maintenance of the regional stormdrain system(which
extends from 16th Lane to the retention pond)and the retention pond that the
stormwater from 16th Lane drains into.
5. Following the City Council's passage of the ordinance approving the proposal to vacate the
street, 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.
6. Following the City Council's passage of the ordinance approving the proposal to vacate the
street, a Boundary Line Elimination must be done to aggregate(consolidate)the northerly
parcels with vacated street.These items can be included on the above mentioned record of
survey.
7. 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.
8. All direct and indirect costs of title transfer of the vacated street 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.
9. 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
Ordinance 10-011 -Street Vacation STV-01-10 Page 3 of 5
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.
10. 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.
11. All conditions of City Council authorization shall be fully satisfied prior to any transfer of
title by the City.
12. Payment in the amount of$5,432.50($6,797.50 less$1,365.00 previously paid) shall be paid
to the City of Spokane Valley by the adjacent property owner(s)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 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 29th day of June, .010.
ATTEST.
The mas E. Towey,Mayor
1-1.L. /-( ,2/7
hristine Bainbridge, City Clerk
Approved As To Form:
`/_,/ / /
Office of the City Attorney
Date of Publication: July 9, 2010
Effective Date: July 14, 2010
Ordinance 10-011-Street Vacation STV-01-10 Page 4 of 5
Exhibit"A"
Property Description
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(PORTION OF 16T"AVE)
Ordinance 10-011-Street Vacation STV-01-10 Page 5 of 5