Ordinance 14-001 Alki St Vacation CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 14-001
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY
WASHINGTON, PROVIDING FOR A RIGHT-OF-WAY VACATION OF
APPROXIMATELY 166.74 FEET IN LENGTH BY 19 FEET OF WIDTH OF ALKI
AVENUE LOCATED BETWEEN THE SOUTHERN BOUNDARY OF PARCEL
45154.0704 AND THE NORTHERN BOUNDARY OF PARCEL 45154.1020, AND
PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO.
WHEREAS, an application for vacation was filed on September 18, 2013, and was determined
complete on September 24,2013; and
WHEREAS, the City Council by Resolution 13-009 set a public hearing date for November 14,
2013, with the Planning Commission; and
WHEREAS, the Planning Commission held a public hearing on November 14,2013; and
WHEREAS, following the hearing, the Planning Commission found that the notice and hearing
requirements of the applicable Spokane Valley Municipal Code section 22.140.020 had been met; and
'WHEREAS, the Planning Commission findings and recommendation 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, Chapter 22.140 Spokane Valley Municipal Code (SVMC) stipulates City Council
shall specify that the vacated portion of the right-of-way shall belong to the property owners of the
parcels abutting to the north; that affected utilities have reviewed the vacation and do not require
continued easements; that the zoning district designation of the properties adjoining 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 vacated right-of-way is wholly contained within the parcels stated above and
created pursuant to Short Plat SHP-04-08 at no public expense; and
WHEREAS,the City Council desires to vacate the above right of way pursuant to SVMC 22.140.
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 right-of-way was never improved with pavement, curb or gutter and remained vacant
property.
2. The north half-street right-of-way was dedicated as part of short subdivision SHE-04-08
in January 2009. It was not required to be built at the time of the subdivision and has
never been built. It remains vacant. The south half of the right-of-way has never been
dedicated.
3. The surrounding property owners are able to access the properties adjacent to the right-
of-way from Broadway Avenue or existing Alki Avenue. There are currently no plans
for future development of this right-of-way. It is not in use at this time.
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4. There was one public comment regarding g access. No other public comments have been
received regarding the proposed vacation. Avista Utilities has confirmed they have no
utilities in the right of way and will not require easements.
5. Pursuant to Resolution 07-009, Policy for Imposing Vacation Charges Pursuant to RCW
35.79.030, the City of Spokane Valley has the authority to charge for vacations in an
amount that does not exceed 50% of the full appraised value or for the full amount of the
area vacated where the street has been part of a dedicated right-of-way for over twenty
five years or if the property was acquired at public expense. Notwithstanding those
provisions, the applicant shall pay the fee only to the extent it exceeds the cost charged
by the City to initiate the vacation process. The following facts are relevant to the
Council's determination of the amount to charge for the vacation:
a. The right-of-way was dedicated in 2008 through a short plat.
b. The right-of-way was not obtained at public expense.
Based on this assessment the City does not seek payment for the vacated right-of-way.
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 which is incorporated herein by
reference, and defined as follows:
The 166.74 feet of the half-street portion of Alki Avenue established per Short Plat SHP-04-08 as
recorded in Book 25 of short plats,pages 31-32, lying south of Lot 2 of said plat.
Section 3. Division of Property to be Vacated. Pursuant to RCW 35.79.040 and SVMC
22.140.040(C),the vacated portion of the street or alley shall belong to the abutting property owners, one-
half to each. The vacated right-of-way is the north one-half of Alki Avenue and shall belong to the lot
abutting to the north, as recorded in the record of survey which shall be created and recorded with the
County as required under Section 22.140.090 SVMC.
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.
Section 5. Conditions of Vacation. The following conditions shall be fully satisfied prior to
the transfer of title by the City.
1. The completion of the street vacation (File No. STV-2013-0002) including all
conditions below shall be submitted to the City for review within ninety (90)
days following the effective date of approval by the City Council.
2. The vacated property shall be transferred to the property owner abutting to the
north.
3. Following the City Council's passage of the ordinance approving the street
vacation, 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 of Community Development,
or designee for review.
4. 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 City of Spokane Valley Street Standards.
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5. All direct and indirect costs of title transfer of the vacated street 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.
6. The Single-Family Residential Urban district(R-4) zoning district designation of
the properties adjoining the north side of the vacated right-of-way shall be
automatically extended to include the vacation, and all area included in the
vacation shall then and henceforth be subject to all regulations of the extended
districts.
7. The border easement located adjacent to the vacated right-of-way is hereby
relinquished as part of the vacation.
8. The record of survey and certified copy of the ordinance shall be recorded by the
City in the office of the Spokane County Auditor. The ordinance's recording
cover page shall reference the recording number of the 2008 short plat to tie the
dedication and subsequent vacation/casement releases together.
9. 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 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.
PASSED by the City Council this 21st day of January,2014.
ATTEST:
Dean Grafos,Mayor
r -
�- �. r
iristine Bainbridge, City CIerk 1."-
Approved As To Form:
P _2.41/
Office the City A o ey
Date of Publication: /• /- 6 l4/
Effective Date: - 5- - /L,/
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