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Home My WebLink AboutOrdinance 05-022 Street Vacation STV 03-05 Shannon & Union Pacific RR ROW CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 05-022 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, PROVIDING FOR TITE VACATION OF A PORTION OF SHANNON AVENUE EAST OF HOUK STREET AND NORTH OF THE UNION PACIFIC RAILWAY RIGHT-OF- WAY AND THE ACCEPTANCE OF SUFFICIENT RIGHT-OF-WAY TO CONSTRUCT A CUL-DE-SAC SUFFICIENT TO SERVE. PROPONENT'S DEVELOPMENT; PROV17)iNG FOR OTHER MATTERS PROPERLY RELATING THERETO. WHEREAS, the City Council by Resolution 05-007 initiated vacation proceedings for a portion of Shannon Avenue east of Houk Street abutting Assessor Parcels Nos. 45103.0205, 45103.0206 and 45103.0208 and the Union Pacific Railroad right-of-way by providing that a hearing on the proposal would be held before the Planning Commission on the 26th day of May, 2005.; and WHEREAS, the Planning Commission held a public hearing on May 26, 2005, continued until June 9,2005,on the proposed vacation; and WHEREAS, following a hearing, the Planning Commission found that found the notice and hearing requirements of Title 10 Article A 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 2. Shannon Avenue is no longer required for public use or public access; 3. The planned extension of Mansfield Avenue, a new and different public way, provides a better substitute for the circulation and access of the area at full development;and 4. Adjacent development and topography make it unlikely that conditions will change in the • future to provide a greater use or need than presently exists for Shannon Avenue; 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 Ordinance 05-022,Vacating Portion of Shannon and Union Pacific RR ROW Page 1 of 4 • • 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. 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 casements 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 C'onnsiruction;and c) Dedication of sufficient public right-of-way by the applicant for the construction of a cul-de- sac at the terminus of Houk Street at Shannon Avenue. Said right-of-way dedication shall be approved by the Spokane Valley Department of Public Works, shall be submitted in the form of a deed and the dedication shall be identified in the record of survey; and d) 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. 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(S)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 05-022,Vacating Portion of Shannon and Union Pacific RR ROW Page 2 of 4 PASSED by the City Council this 12`h day of July, 2005. kidt—fr\it_0„) ATTEST: Mayor, Diana Wilhite City Clerk, Christine Bainbridge _ Approved As To Form: Deputy .ity Attort y, Cary Driskell Date of Publication: Effective Date: 2 - - • Ordinance 05-022.Vacating Portion of Shannon and Union Pacific RR ROW Page 3 of 4 Exhibit "A" Property Daeriptioa y� t, i l• iii ....._, .,. . . _ .i i _ .. , .....-.07� •..Itl- ` • yM f l . ` I _r- -.\ ' '' • li- —.'7,—.......y.-v--._ 4. . , . ; 4 r . 10"1104 _ - „pt .. 1 1 e, . _ 1 r rndinancc 05-022.Vacating Portion of Shannon and l inion Pacific RR ROW I'agc 4 of d FINDINGS AND RECOMMENDATIONS OF THE SPOKANE VALLEY PLANNING COMMISSION June 9, 2005 Findings. k 1. The Planning Commission held a public hearing on May 26, 2005, to receive testimony concerning the vacation of a portion of Shannon Avenue east of 1-louk Street. The date of the hearing was set by City Council on May 10, 2005 by Spokane Valley Resolution No, 05-007. Notice of the hearing was published on May 13, 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 June 9, 2005. 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. Shannon Avenue east of Houk Street is no longer required for public use or public access. 5. Additional right-of-way shall be dedicated to provide for a cul-de-sac at the termination of Houk/Shannon to serve applicant's development. B. The vacated portion of Shannon Avenue shall be retained as a limited access and public utility easement. 7. The proposed extension of Mansfield Road substitutes a new and different public way which will provide enhanced access and mobility to both abutting properties and the general public; 8. The proposed extension of Mansfield Road will provide for the ultimate development of all properties, and it is unlikely that conditions will change in the future to provide a greater use or need than presently exists for the right-of-way proposed for vacation; and; and 9. No objections have been received to the proposed vacation, Conclusions. The Spokane Valley Planning Commission therefore recommends to the City Council that that portion of Shannon Avenue located east of Houk 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) Additional right-of-way shall be dedicated to provide for a cul-de-sac at the termination of Houk/Shannon; and IISV-FS13publiclCommunity Development RCPOPlanning CommissionLStreet vacalons\2005W52605 Sty 03-05 hannon.doc c) The vacated portion of Shannon Avenue shall be retained as a limited access and public utility easement. d) 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. e) 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 9'h day of June, 2005 4.. N David Crosby, Chairman ATTEST --74( S / !/v/ i . Dea a Griffith, Secretary •