Ordinance 04-039 Street Vacation STV 04-04 Gus Johnson Ford Alley r
CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE' NO. 04-039
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON,
PROVIDING FOR THE VACATION OF AN UNIMPROVED TWENTY (20)-
FOOT ALLEY LOCATED EAST OF VITA ROAD APPROXIMATELY ONE.
BLOCK. SOUTH OF SPRAGUE AVENUE, AM) PROVIDING FOR OTHER
MATTERS PROPERLY RELATING THERETO.
WHEREAS. the City Council through Resolution initiated the vacation of an unimproved
twenty 20)-foot alley located between Parcels No. 45192.0101 and 451 92.0102, east of Vista Road,
approximately one block south of Sprague Avenue, by providing that a hearing on the proposal to
vacate the above street would be held before the Planning Commission on the 26th day of
August, 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;
Wil-IEREAS, 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 50%) of the property owners abutting the property to be
vacated did not file with the City Clerk, a written objection to the proposed vacation;
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 he 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;
Wl-IEIRFAS, the City Council pursuant to l .0 J Chapter 3539 and City Ordinance No.
04-002 (SVNIC 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
Ordi 04-039 V wad on S'CV 04-04 Page I ofd
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 (50%) of the abutting property owners; and (4) vacation of the
street or alley serves the public interest.
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 (SVIVI.0 Chapter 1 0.05),
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
indii-ect 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 private and 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. .[f 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 fill 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.
4rdi,iynce 04-039 Vacation STV 04-04 I'ae 2 of 4
PASSED by the City Council this 28th day of September, 2004.
Mayor, Michael DeVlet! ing
AT -ES
�'
• _I , ■
ity Clerk, Christine Bainbridge
Approved As o Form:
f - 1 �'/
o uty ity Atto Cary P. Driskell
Date of Publication: /O -4(f)D 9
Effective Date: /D —43-4/
Ordinance 04-039 Vacation SIV 04-04 i'age 3 of 4
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Exhibit "A"
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Property Description
A twenty-foot alley located between Parcels No. 45|g2.0)0l and 45\92.O|OJ east of Vista Road,
approximately one block south of Sprague Avenue.
Ordinance 04-039 Vacation STV 04-04 Page 4 of 4