Ordinance 04-043 Street Vacation Portion of David Road (Starbucks) CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO. 04-043
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON,
PROVIDING FOR THE VACATION OF A PORTION OF DAVID ROAD
LOCATED BETWEEN SPRAGUE AVENUE AND APPLEWAY BOULEVARD,
WEST OF Tk1TERMAN AND PROVIDING FOR OTHER MATTERS
PROPERLY RELATING THERETO.
WHEREAS, the City Council by Resolution 04-022 initiated vacation proceedings for a
portion of David Road located between Sprague Avenue and Appleway Boulevard, west of
Thiennan Road. by providing that a hearing on the proposal would be held before the Planning
Commission on the 26th day of August, 2004.; and
WHEREAS; the Washington Department of Transportation (WSDOT) retains that
portion of David Road located south of the Sprague Avenue right-of-way pursuant to deeds
recorded on January 11, 2000 (Recording Nos. 4446885 through 4446897); and
WHEREAS, the Planning Commission held a public hearing on August 26, 2004 on the
proposed vacation, and subsequently held a public hearing on October 14, 2004 to consider an
amended request excluding that portion of David Road currently owned by WSDOT; and
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;
Ordinance 04-043 Starbucks Vacation Page 1 of 4
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, THER.EFO.RE, 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.
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. A reservation in the form of an easement providing for private and public utility
services subject to such conditions 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.
Ordinance 04-043 Starbucks Vacation Page 2 of 4
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 . .(() da _ , 2004.
(---__Y _____ __.......
Mayor, Mic lael DeVleming
ATTEST:
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64, / t•�..4
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Clerk, Christinel3ainbridge
Approved As To l.o
ea,,,, --e . 1
Deputy ( ' Attorney ary P. Driskel
U5 W
Date of Publication: 1/-1-79-461V
Effective Date: 1/ /0_d,
Ordinance 04-043 Starbucks Vacation Page 3 of 4
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Exhibit"A"
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Property Description
A portion of David Road located between Sprague Avenue and Appleway Boulevard, west of
Thierman Road.
Ordinance 04-043 Starbucks Vacation Page 4 of 4