Ordinance 07-024 Providing Street Vacation of Evergreen Rd CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO. 07-024
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON,
PROVIDING FOR THE VACATION OF APPROXIMATELY 9 FEET WIDE BY 109
LINEAR FEET OF EVERGREEN ROAD AI3U"I"CING PARCEL NUMBER 45143.9009
AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO.
WHEREAS, the City Council by Resolution 07-015 initiated vacation proceedings for a portion
of Evergreen Road (S'FV-04-07) by providing that a hearing on the proposal would be held before the
Planning Commission on the 28th day of August, 2007; and
WHEREAS, the Planning Commission held a public hearing on August 28, 2007; and
WE[EREAS, following a hearing, the Planning Commission found that the notice and hearing
requirements of Title I 0 Article IX Section 10.09.04.10 (recently recodified as Section 22.140.030)of the
Spokane Valley Municipal Code have been met;
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 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; and
WHEREAS, the City Council desires to vacate the above street pursuant to Spokane Valley
Municipal Code Sections 10.05.220 - .380.
NO\V, 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 Code before the
Planning Commission with the record of such hearing and proceedings filed with the City Clerk; (3) no
written comments were received by abutting properties; and the Planning Commission made the
following recommendations:
I. The vacation of the street/alley will permit full development of the property for beneficial uses
and permit appropriate levels of maintenance.
2. The Public Works Department submitted comments which analyzed the portions of Evergreen
Road for need and future use and responded by specifying no objection to the proposed street
vacation.
Ordinance 07-024 Street Vacation STV-04-07 Page I of 5
3. 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.
4. No objections have been received to the proposed vacation from the notice of public hearing
and/or routing to staff and agencies.
5. Pursuant to Resolution 07-009 (adopting policies for importing vacation charges), the City
Council shall require fifty (50) percent of appraised value of adjacent property to be paid prior to
finalization of vacation, or shall reserve the right to deviate based upon findings of fact that
demonstrate public interest shall be best served in an alternative method.
a) Council finds that the public interest shall best be served by imposing no charges in
addition to those normally associated with the processing of a vacation request. Specific
findings supporting this are set forth below:
i. The proposed vacation of 982 square feet would provide a potential commercial
business increased lot area for development thus providing more economic
development within the City. Additionally the setbacks of the proposed building
may be lessened and allow for more buildable land area.
ii. The vacation would provide an increase in tax base to the City.
iii. The street vacation would provide consist road width along Evergreen Road.
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, and defined as follows:
Commencing at the Section Corner common to Sections 15,1422,23 as noted on the
Spokane Final Binding Site Plan BSP-01-06, located in Book 2 of Binding Site Plans,
Pages 94 and 95. located in a portion of the SW '/ of the SW '/ Section 14, T25N,
R44E, WM..; thence North 00°16'01 "East along the section line common to Section 15
and Section 14, a distance of 200./5 feet, to an angle point, west of the extension of the
south property line of Lot 3; thence South 89056'47"East a distance of 45.00 feel to
the southwest corner of Lot 3 as noted on the arfiirementioned Binding Site Plan; said
point being the southwest corner of Lot 3, BSI' 01-06 and TRUE POINT OF
BEGINNING;
thence North 00°16'01" East, along the west property line of said Lot 3 a distance of
109.12 feet, to an angle point; thence continuing along said property line, North 90°
00'00" West a distance of 9.00 feet; thence leaving said property line. South
00°16'01" West a distance of 109.12 feet; thence North 89°56'47"East a distance of
9.00 feet, to the TRUE POINT OF BEGINNING.
Containing 982 Square Feet, more or less, cull according to the referenced plat.
Section 3. Division of Property to be Vacated. Pursuant to RCW 35.70.040 and SVMC
10.09.04.10.11, factual circumstances dictate a different division and distribution of the street or alley to
be vacated than one-half each to abutting property owners, 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 SVMC 10.09.04.10.16.
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.
Ordinance 07-024 Street Vacation STV-04-07 Page 2 of 5
Section 5. Conditions of Vacation. The following conditions shall be fully satisfied prior to
the transfer of title by the City.
a) 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. The record
of survey shall contain the professional stamp and signature of the registered surveyor and
filed upon completion with the Spokane County Auditor.The surveyor shall provide the
City of Spokane Valley with a mylar copy of the recorded survey and the Auditor's
Document Number and date of recordation.
b) The surveyor shall locate at least two monuments on the east side of vacated right-of-way
with each monument located at either end of the 109 feet in accordance with the standards
established by the Spokane County Standards for Road and Sewer Construction.
c) Payment of all direct and indirect costs of title transfer of the vacated street or alley 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.
d) 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 shall
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.
e) A 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.
1) 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, including a Quit Claim Deed, 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.
Ordinance 07-024 Street Vacation STV-04-07 Page 3 of 5
PASSED by the City Council this 27th day of November,2007.
ATTES _{�•`(CJ
AIF w Mayor, Diana Wilhite
City Clerk, Christine Bainbridge ,
Approved As To Form:
/
Office o the City Attorney
Date of Publication: December 7,2007
Effective Date: December 12, 2007
Ordinance 07-024 Street Vacation STV-04-07 Page 4 of 5
Exhibit"A"
Property Description
—1
(Mat
LOI.2 of -kr/
1 BSP-0 I-06
Lot I of :
BSP-0 I-06 1
9' (wide)
1..4.1t 3 of BSP-4)1-06
"I
'E 109' (length)
Lot 4 of
—
if BSP-0 L-06
Evergreen Road
11
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•
Ordinance 07-024 Street Vacation STV-04-07 Page 5 of 5