Ordinance 04-020 Street Vacation STV 02-04 12th, 13th, Custer, Lloyd •
CiTY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 04-020
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY,WASHINGTON, PROVIDING FOR
TH:E VACATION OF PORTIONS OF 12TH AVENUE, 13" AVENUE, CUSTER STREET,
LLOYD STREET,AND PUBLIC ALLEYS LOCATED IN BLOCKS 2,3 AND 4,ALL LOCATED
WEST OF CHRONICLE ROAD IN THE WOODLAND TERRACE SUBDIVISION AND
PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO.
WHEREAS, the City Council through Resolution initiated the vacation of portions of 12'1
Avenue, 13th Avenue, Custer Street, Lloyd Street, and public alleys located in Blocks 2, 3, and 4, all
located West of Chronicle Road in the Woodland Terrace Subdivision by providing that a hearing on the
proposal to vacate the above street would be held before the Planning Commission on the 13th day of
May, 2004 for the purpose of considering whether the vacation is in the public interest;
WHEREAS, following a hearing before the Planning Commission, it has been found and
determined that the vacation of the above referenced street complies with City Ordinance 04-002, Section
11(SVMC Chapter 10.05)and includes one or more of the following findings:
(1) The change of use or vacation will serve the public interest;
(2) The Street or Alley is no longer required for public use or access; or
(3) An alternative public way or private access would be more useful to the public and adjoining
land owners;
WHEREAS, the Planning Commission findings and/or minutes have been filed with the City
Clerk as part of the public record supporting the vacation;
WHEREAS, fifty percent of the property owners abutting the property to be vacated did not file a
written objection to the proposed vacation with the City Clerk;
WHEREAS, through ordinance 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;
WHEREAS, the City Council pursuant to RCW Chapter 35.79 and City Ordinance No. 04-002
(SVMC Chapter 10.05)desires to vacate the above street as set forth herein.
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 Ordinance before
the Planning Commission with the record of such hearing and proceedings lodged with the City Clerk; (3)
a written protest has not been filed with the City Clerk by at least fifty percent of the abutting property
owners; and(4)vacation of the street or alley serves the public interest.
Ordinance 04-020 Street Vacation Page I of 3
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. 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 4. Conditions of Vacation. The following conditions shall be fully satisfied prior to
the transfer of title by the City.
1. A record of survey shall be submitted to the City in accordance with City Ordinance 04-
002, Section 16(SVMC Chapter 10.05).
2. Fees and Costs associated with the transfer of title to the vacated property shall be paid
by the recipient (or grantee) of such property. The fees and costs include all direct and indirect costs of
title transfer to the vacated street.
3. Unless otherwise agreed by the Director of Public Works, a reservation in the form of an
easement providing for public utility services shall be made in the vacated area.
Section 5. 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 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 13th day of July, 2004.
Michael DeVler ing,Mayor
`T r
_Gliiistine Bainbridge, City Clerk f
Approved • o . m:
A ��
.ry P Itriskell, Dep erCi Attorney
Date of Publication: 9—Z3-1 4"
Effective Date: ?
Ordinance 04-020 Street Vacation Page 2 of 3
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Exhibit"A"
Property Description
Street Vacation SW-02-04
Name of Width Length Square Footage of Proposed
Street/Alley (feet) (feet:) Vacation
Custer Street 60 100 6,000 square feet
Lloyd Street 60 100 6,000 square feet
l2'6 Avenue 30 1,525 45,750 square feet
13th Avenue 60 330 19,800 square feet
Block 2 Public Alley 12 300 3 600 s uare feet
Block 3 Public Alley 12 300 3,600 square feet
Block 4 Public Alley 12 300 3,600 square feet
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Ordinance 04-020 Street Vacation Page 3 of 3