Ordinance 11-012 Street Vacation STV 01-11 CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 11-012
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY
WASHINGTON, PROVIDING FOR A RIGHT-OF-WAY VACATION TO VACATE
APPROXIMATELY 83 FEET IN LENGTH BY 30 FEET OF WIDTH OF EASTERN
ROAD LOCATED BETWEEN PARCEL#35242.9004,35242.0408 AND STATE RIGHT-
OF-WAY ON THE WEST AND EAST AND PARCEL # 35242.0407 TO THE NORTH,
AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO.
WHEREAS,an application for vacation was filed on January 18,2011,and was determined
complete on March 25,2011,and
WHEREAS,the City Council by Resolution 11-004 set a public hearing date for May 26, 2011,
with the Planning Commission; and
WHEREAS,the Planning Commission held a public hearing on May 26, 2011; 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 Parcel # 35242.9004, 35242.0407 and 35242.0408; that a letter dated April 8,
2011 was submitted by Washington State Department of Transportation that states that it waives its
interest in having one-half of the Eastern Road right-of-way, 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 Taylors Resurvey Millers Park Addition 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 more space to
rebuild a larger fire station for Spokane Valley Fire Department on the same site which has
proven to be the best location for the citizens. Based on this finding, deviation from the
charging criteria of Resolution 07-009 is appropriate and no charges other than those set
forth herein are required.
2. The northern half of Eastern Road was vacated in the 1960's to build the existing fire
station. The southern half of Eastern Road has a dead end with no turnaround. This portion
of the street is no longer required for public use or public access. The street cannot access
Sprague Avenue to the north and access is prohibited on Interstate 90 to the west. The City
of Spokane Valley Public Works Department requests that the 50 feet of right-of-way north
Ordinance 11-012-Street Vacation STV-01-11 Page 1 of 4
of the intersection of 1st Avenue and Eastern Road not be vacated so it can be used as a
turnaround for vehicles and equipment.
3. The substitution of a new and different public way would not better serve the public as the
existing right-of-way dead ends and does not go through.
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. There are
no plans for future use of the right-of-way as there is very little space and no traffic uses it.
5. The vacated property is wholly within the above described parcels, and title shall vest in
those parcels on the north and east boundaries of the vacated roadway.
6. No objections have been received to the proposed vacation following the notice of public
hearing and/or routing to staff and agencies.
7. Qwest is the provider for telephone/fiber optics, and they sent a notification that they have
a conduit structure located in the area to be vacated. There are currently no drainage
facilities located in the right-of-way. The specific location of any existing utility easements
is a requirement of the record of survey which will be prepared for boundary line
eliminations.
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 Eastern Road per the plat of Taylors Resurvey Millers Park Addition as recorded
in Book "K"of plats,page 32, lying westerly of the north half of Lot 10 of Block 8 of said plat
and easterly of the southeast portion of the east 160 feet of NW'/of NW'/4 lying south and east
of PSH 2 and easterly of the public right of way east of Interstate 90.
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 Parcel# 35242.0407, 35242.0408 and 35242.9004, 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-01-11) 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 Parcel# 35242.0407,35242.0408 and 35242.9004
abutting the vacation on the north and east.
3. 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.
Ordinance 11-012-Street Vacation STV-01-11 Page 2 of 4
4. 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.
5. 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 City of
Spokane Valley Road Standards.
6. 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.
7. 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 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.
8. 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.
9. 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 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 12th day of July, 2011.
ATT _
J T omas E. Tdwey, Mayor
Christine Bainbridge,City C rk
Approved As Tolor
Office of t City Attorney
Date of Publication: July 22, 2011
Effective Date: July 27, 2011
Ordinance 11-012-Street Vacation STV-01-11 Page 3 of 4
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Ordinance 11-012-Street Vacation STV-01-11 Page 4 of 4