Ordinance 05-020 Street Vacation STV 02-05 Knox Avenue CiTY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 05-020
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, PROVIDING FOR THE VACATION OF A PORTION OF KNOX AVENUE
WEST OF LOCUST STREET AND PROVIDING FOR OTHER MATTERS PROPERLY
RELATING THERETO.
WHEREAS, the City Council by Resolution 05-004 initiated vacation proceedings for a portion of Knox
Avenue west of Locust Street 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 found 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.
2. Knox 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. 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;
5. Abutting property owners have acquired title to a portion of the original right-of-way of Knox
Avenue by separate land use actions; 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;
VVHiRiAS, 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: (I) 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 05-020 Knox Ave Street Vacation Page I of 3
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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
C'o urrdy Standards'for Road and Sewer C'onstrucri on,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 Ordiniance or a summary thereof in the official newspaper•of the City of Spokane •
Valley as provided by law.
PASSED by the City Council this 126 day of.July, 2005.
\):Ji 647(Q,
ATT. Mayor, Diana Wilhite
•
City Clerk, Christine Bainbridge
Approved As To Form:
?9- ••• •14.
Deputy ity Attar , Cary P. Driskel l
Date of Publication=
Effective Date: -- `
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Ordinance 05-020 Knox Ave SUM Vacation Page ; ,,i
FINDINGS AND RECOMMENDATIONS OF THE SPOKANE VALLEY PLANNING
COMMISSION
May 12, 2005
Findings.
1. The Planning Commission held a public hearing on April 28, 2005, to receive
testimony concerning the vacation of a portion of Knox Avenue west of Locust Street
and east of Argonne. The date of the hearing was set by City Council on April 12,
2005 by Spokane Valley Resolution No. 05-004. Notice of the hearing was
published on April 15, 2005 in the Valley Herald, the official newspaper of the City,
was posted in three conspicuous locations within the City, was provided to the
petitioners and abutting property owners, and a sign was placed on the property
providing notice of the hearing. The hearing was continued until May 12, 2005 at the
request of the applicant.
2. The Planning Commission reviewed the report prepared by the Spokane Valley
Community Development Department in detail.
3. The vacation of the street/alley will permit full development of the property for
beneficial uses and permit appropriate levels of maintenance.
4. Knox Avenue is no longer required for public use or public access;
5. The substitution of a new and different public way is neither necessary nor feasible.
6. 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; and
7. No objections have been received to the proposed vacation by abutting property
owners.
Conclusions.
The Spokane Valley Planning Commission therefore recommends to the City Council that that
portion of Knox Avenue located west of Locust Street be vacated to the petitioners subject to:
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 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.
Approved this 12t day of May, 2005
David Crosby, Chairman
TT T , �
De na Griffith, Secretary III