Ordinance 05-019 Street Vacation Woodlawn Terrace •
CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO.05-019
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, PROVIDING FOR THE VACATION OF APPROXIMATELY 150
FEET OF 15th AVENUE WEST OF CHRONICLE ROAD AND PROVIDING FOR
OTHER MATTERS PROPERLY RELATING THERETO.
WHEREAS, the City Council by Resolution 05-003 initiated vacation proceedings for
approximately 150 feet of 15`h Avenue west of Chronicle Road. by providing that a hearing on the
proposal would be held before the Planning Commission on the 28th day of April,2005; and
WHEREAS, the Planning Commission held a public hearing on April 28th, 2005 on the proposed
vacation; and
WHEREAS, following a hearing, the Planning Commission found that the notice and hearing
requirements of Title 10 Article IX Section 10.09.04.10 of the Spokane Valley Municipal Code have been
met,and further found: that
1. The vacation of the street/alley will permit full development of the property for beneficial
uses and permit appropriate levels of maintenance, serving the public interest.
2. This portion of 15`x'Avenue is no longer required for public use or public access;
3. The substitution of a new and different public way is neither necessary nor feasible.
4. The property is part of an existing residential development and it. is unlikely that conditions
will change in the future to provide a greater use or need than presently exists;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;
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 Title 10 Article IX Section
10.09.04.10 of the Spokane Valley Municipal Code 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 writen 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 05-019 Woodlawn Terrace Vacation Page 1 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.
a) A record of survey 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. the record of survey shall contain the professional stamp and signature of the
registered surveyor and should be 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; and
b) Placement of 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 Spokane County Standards
for Road and S ewer Construction;and
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;and
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 14th day of June, 2005.
Uatta;b1
A -ES Mayor, Diana Wilhite
C --
City Clerk,Christine Bainbridge
Approved • •To . orm: Q�
•
Deputy ty Attorneyrary P. Driskell
Date of Publication: p��r '(15'
Effective Date:
Ordinance 05-019 Woodlawn`Terrace Vacation Page 2 of 3
Exhibit"A"
Property Description
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