Ordinance 07-002 Providing Street Vacation Portions of 15th Ave CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO.07-002
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY,WASHINGTON,PROVIDING FOR
THE VACATION OF THE PORTIONS OF 15TH AVENUE BETWEEN PARCEL NUMBERS
35233.1515, 35233.1516 AND 35233.1517 TO THE NORTH AND PARCEL NUMBERS
35233.2802, 35233.2804 AND 35233.2805 TO THE SOUTH; AND PROVIDING FOR OTHER
MATTERS PROPERLY RELATING THERETO.
WHEREAS, the City Council by Resolution 06-020 initiated vacation proceedings for a portion
of 15th Avenue located approximately 43 feet west of Carnahan Road in the vicinity of 15th Avenue cul-
de-sac and a portion 23 feet east of 15th Avenue cul-de-sac adjacent to Carnahan Road. The half of cul-
de-sac equals 3,505 square feet located between Parcel Nos. 35233.1515 & 35233.1516 (north) and
35233.2802 & 35233.2805 (south) and the portion adjacent to Carnahan is 20 feet wide by 60 feet deep
located between Parcel Nos. 35233.1517(north)and 35233.2804(south)(STV-04-06)by providing that a
hearing on the proposal would be held before the Planning Commission on the 14th day of December,
2006;and
WHEREAS,the Planning Commission held a public hearing on December 14,2006; 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.
2. The Public Works Department submitted comments which analyzed the portions of 15th Avenue for
need and future use and responded by specifying the requested portions are no longer required for public
use or public access subject to recommended conditions.
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;and
4. No objections have been received to the proposed vacation from the notice of public hearing and/or
routing to staff and agencies.
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
Ordinance 07-002 Street Vacation STV-04-06 Page 1 of 4
WHEREAS, the City Council desires to vacate the above street pursuant to Spokane Valley
Municipal Code Sections 10.05.220- .380.
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 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 an abutting properties.
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) The surveyor shall locate 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; and
c) All necessary easements required by Avista shall be shown on the record of survey and written
documentation from all utility companies is required to be submitted to the Community Development
Director,or designee verifying all easements have been indicated; 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;
and
e) The applicable zoning district designation (Urban Residential-3.5) shall be automatically extended to
the center of such vacation,and all area included in the vacation shall then and henceforth be subject to all
regulations of the extended districts.
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
Ordinance 07-002 Street Vacation STV-04-06 Page 2 of 4
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 23`d day of January,2007.
•
A \A j tittzet.„
Mayor,Diana Wilhite
A
A .
_'t -Clerk,Christine :ainbridge ---
Approved As To Form:
1.
Office of th City Atto"!y
Date of Publication: o7
Effective Date: - 7 - d 9
Ordinance 07-002 Street Vacation STV-04-06 Page 3 of 4
Exhibit"A"
Property Description
N
j VECIOATED AREA, ` AREA 10 ee
PER. AF I4 5389Et ti VACATE %�.
."-N. , ..
7,-,---- L=1i20.4-3' 1 1
R--59.09
so ►ov .
'6 ....AL. - -.;,4•04,-,....-.4 1
15th Avenue �—gn— e _ * � I
..:.***4 I Carnahan
'
4*-A*4� : - Road
AREO. TO SE— , , A•40617.+Xfv. /23' -9 I
j i r
3,505 S.F. VADOE.D.
DEDICATED . giEA AR CA `rd lig
PER AFd4 •53a _INS
Ordinance 07-002 Street Vacation STV-04-06 Page 4 of 4
FINDINGS AND RECOMMENDATIONS OF THE SPOKANE VALLEY PLANNING COMMISSION
December 14,2006
Findings:
1. The Planning Commission held a public hearing on December 14,2006 to receive testimony
concerning the vacation of a portion right-of-way along 15th Avenue located approximately 43 feet
west of Carnahan Road in the vicinity of 15th Avenue cul-de-sac and a portion 23 feet east of 15th
Avenue cul-de-sac adjacent to Carnahan Road. The half of cul-de-sac equals 3,505 square feet
located between Parcel Nos. 35233.1515 &35233.1516(north)and 35233.2802&35233.2805
(south)and the portion adjacent to Carnahan is 20 feet wide by 60 feet deep located between
Parcel Nos.35233.1517(north)and 35233.2804(south). The date of the hearing was set by City
Council on October 24,2006 by Spokane Valley Resolution No. 06-020. Notice of the hearing
was published on November 17,20006 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
also completed on November 17,2006.
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. The Public Works Department submitted comments which analyzed the portions of 15th Avenue
for need and future use and responded by specifying the requested portions are no longer required
for public use or public access subject to recommended conditions.
5. 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
6. No objections have been received to the proposed vacation from the notice of public hearing
and/or routing to staff and agencies.
Conclusions:
The Spokane Valley Planning Commission therefore recommends to the City Council the portion of right-
of-way along 15th Avenue located approximately 43 feet west of Carnahan Road in the vicinity of 15th
Avenue cul-de-sac and a portion 23 feet east of 15th Avenue cul-de-sac adjacent to Carnahan Road. The
half of cul-de-sac equals 3,505 square feet located between Parcel Nos.35233.1515 &35233.1516(north)
and 35233.2802&35233.2805(south)and the portion adjacent to Carnahan is 20 feet wide by 60 feet
deep located between Parcel Nos.35233.1517(north)and 35233.2804(south)be vacated to the petitioners
subject to:
1. Following the City Council's passage of the ordinance approving the proposal to vacate the street
or alley,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.
2. The surveyor shall locate 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.
3. All necessary easements required by Avista shall be shown on the record of survey and written
documentation from all utility companies is required to be submitted to the Community
Development Director,or designee verifying all easements have been indicated.
4. 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.
5. 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.
6. 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:
7. All conditions of City Council authorization shall be fully satisfied prior to any transfer of title by
the City.
Approved this 14t day of December,2006
Gail Kogle,Ch 'h�lan
EST
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Dea a Griffith,Administrative A.
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