5413302 Deed, Quit Claim
.
5413302
Paga= 1 af 6
SPOKAkE UALLEY ACO X37.8~ Spokane8Go,l{~fl27A
.~F I'l~lt RGCOitIaING TZE1'I.JKV T(7:
City Clerk
City pf Spokane Valley
11707 L. Sprague Avenue Suitc 106
Spokane Valley, WA 99206
Document Title: Quit Claim Deed Grantor(s): City of Spokane Valley, a Municipal Corporation
Grantee(s): C.C. Weyrauch and J.H. Tucker, 5908 East 15'' Avenue, Spokane Valley, WA
Legal Description: SW, SW QTRS. 24, T. 25 N, R. 43 E., W.M.
Assessor's Tax Parcel Number: 35243.1027
Reference Number: Auditor's Document No. 5144803, filed November 9, 2004.
QUIT CLAIM DEED
~
~ j THE GRANTOR, CITY OF SPOKANE VALLEY, a municipal corporation; for and in consideration of
~ the public benefits received by Grantor in returning the property to the tax rolls, conveys and quit
ru claims to:
0
~ THE GRANTEES, C.C. Weyrauch and J.H. Tucker, 5908 East 15"' Avenue, Spokane Valley, WA,
the real estate described In Auditor's Document No. 5144803, filed November 9, 2004, a copy of
n which is attached hereto and made a part hereof for all purposes, which real estate is situated in the
w
Gi County of Spokane, State of Washington, including any interest therein which grantor may hereafter
acquire:
THAT PORTION OF 15v" AVENUE IN BETTIUTAN'S ADDITION ACCORDING TO PLAT
RECORDED IN VOLUME °Cp OF PLATS, PAGE 13, SPOKANE COUNTY, WASHINGTON,
DESCRIBED AS FOLLOWS: THE SOUTH 30.00 FEET FO SAID 15T" AVENUE, EAST OF THAT
~ VACATED PORTION OF SAID 15T" AVENUE AS DESCRIBED IN AMENDING RESOLUTION NO.
w 93-1368 AND WEST OF THE PROLONGATION NORTHERLY OF A LINE WHICH IS 15.00 WEST
~ OF AND PARALLEL WITH THE WEST LINE OF LOT 7, BLOCK 11 OF SAID BETTMAN'S
o ADDITION; CONTAINING 1,049 SQUARE FEET.
N This property is transferred pursuant to City of Spokane Valley Ordinance No. 04-019 which is
o incorporated into this deed as if fully set forth herein, subject to reservation of all easements noted
cr,
on the attached survey (Auditor's Document No. 5144803) or that may otherwise burden the
N property.
tn
~o
. ~ _ P~4S-~ 3 z~of 6
SPOKfi~E URLLEY QCD $37.69 S~kana~Ca,f~AVR
llP.TT'D this day of A4arctl, 2006. '
CI`fY OF 5PC7K.A.vF VAI..LEY
, ~ ~p e c_...
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UfiVlCl IMECCICC, Clt}' C_'iciTld ~
i
' 5413302
Page: 3 of 6
6713112896 11:27A
STATE OF WASHINGTON ) SPOKPJfE UALLEY QCO f37.69 Spokane Go, WA
) ss
COUNTY OF Spokane )
On this _I_L day of _,M J4_jkc--ld , 2005, before me, the undersigned, a Notary Public in and for
the State of Washington, duly commissioned and sworn, personally appeared, David Mercier, to me
known to be the City Manager of the City of Spokane Valley, a municipal corporation of the State of
Washington, that executed the within and foregoing instrument, and ackno+wledged the said
instrument to be the free and voluntary act and deed of said municipal corporation for the uses and
purposes therein mentioned, and on oath stated that he was authorized to execute said instrument,
and that the seal affixed is the seal of the City of Spokane Valley.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and year
first above written
~
~Q ~oN'ENOTAR PUBLIC d for the State
of Washington, residing at 5Pow.4vjer V4%djLj
VQ o~O'Xc.R~ s My commission expires: Sr f- o5r
• Z
u P ~J
MAY i, .
~OFW~
~ .
AUDITOR'S NOTE:
CT.CY OF SPOKANE VALLEY Document Recorded
SPOK.AXE COUY.rY, wASUWcxoN iS A COpY
Q:EZDIN.4aNCE NO. 04-019
AN OFtDTi\'AiYCL OF TAE CITY OF SPOKA.nTE VALLEY, WASH.INGTON, Pt20VT.UPTG k0R
TkTE VACATIQN UF 15'h AVENUE `Y1;ST UF BF I`Ti~I.4N' ROAD AND PROVIDING FOR
Q'THER MATTT1tS PRUPERLY RELATII`G TTiFIZzTO.
WHIRrAS, the City Counc.il through Resolution initiated the vacation of 15 `h Avenue West of
Bettmvn Road by providing that a}tearing on the proposal to vacate the above street would be held beforc
the 1'lanning Cammission on the 13th day of May, 2004 For the ptirpose of considering whether the
vacation is in the public interest;
WHER.E:AS, following a hearing beFore the Plvining Commission, it has been found and
detErrnincd that the vacation of the above referenced street complies with City Ordinance 04-002, Section
11(SVMC C'hapter 10.45) and includes one or mnre of the follnwing findings:
(l) Thc ch<tnge of use or vacation will serve the public interest;
(2) The Strect or Alley is no longer required for public use or sccess; nr
(3) An alternative public way or privaf.e access would be more useful to the public and adjoining
land owncrs;
Wl-ITftFAS, the Planning Commission finding.s and/or minutes have been f led «<ith the City
Clerk a.s part of the public record supporlin~ the vacation;
`VI-EREAS, f fty percent nf the prope.rty owners abutting the property to be vauited clid not f lc a
written objection to the proposed vacation with the City Clerk;
• tVl-ITREAS, throug}i ordinance the City shall provide that the vacated propeirty be transferred to
the aburiing property owners, one-}ialf tn each, urtless circumstances requi.re a clifferent division of
propei-ty, ihat the zoninn district clesignation of the praperties adjoiiting eaeh side of the street shall attach
to the vacated property; that a record of survey shall be submitted to die Director of Community
iaevclopment and ttiat aII direct ancl indirect costs of title transfe+• to the vacated street be paid by the
proponent or recipient of the lraiisfen•ed property;
VVI-fL-REAS, the City Council pursuant.ro RCW Chaptrr 35.79 and City Ordinance No. 04-002
(SVMC Chaptcr 10.05) desire5 co vacate die abnve street as set Fonh hercin.
NOW, TI-irREFORE, the City Council of the City of Spokane Valley, Spakane County,
Washington, do ordain as follUws:
Section l. Fincfines of ract:. The Ci1:y Council mal:es the following fndincs af fsct: (1) tlie
City Dep3rtrnent of 1'ublic Works has reviewed thc right-of-way to bc vacated ant3 determined that the
property adjacent tn the vacated property is otherwise served by publia or private access; (2) a public
liearinD on the praposed vacation has bsen held in accordance with State ],.,aw and City Ordinance before
the Planning Commission wilh the record of sueh hearinb and proceedings lodged with the CiCy Clerk; (3)
a writien protest has not been filetl with the City Clerk by at least fifty percent of the abutting property
owners; and (4) vacation of the street or alley ser<<es the public interesC.
5413302
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81/31l2698 11:21A
SPOKANE UALLEY OCO f37.a8 Spokane Co, 0
r ( 5413302
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SPOJ(RNE UALLEY QL`D $33, 90 Spokane6Co, 1uR27A
$ection 2. Propertv to be Vacated. Based upon ihe above findings and in accorclance wich
this ordinancc, the City Council does hereby vacate the street or alley dcscribed on the attached EJiibit
"A" which is incorporated herein by reference.
Section 3. %oning. 1 he 7oning designslion for the vacated property shall be ihe designation
at#ached to the adjoining prnperties as set forth within the respective propei1y or lot lincs. I'tie T)irector of
Community 17evelopnient is authorized to make this notaiion on the official zoning mtip of the CiCy.
Secdon 4. Conditions of Vacatinn. T'he following canditinns shal] be fully satisFed prior to
the transfer of title by the City.
1. A record of survey shall be submitted to the City in accorclance with City Ordinance 04-
002, Section 16 (SVMC Chaptcr 10.05).
2. Pees and Costs associated with the transfer of title to the vacated property shxll be paid
by the recipient (or granCee) of such property. The fees and eosts include all direct and indireet costs of
litle transfer to the vacaced street.
3. Unless otherwise agreed by ttie Tairector of Publie Works, a reservation in ihe fornl of an
easement provid'►ng for public utility serviees sh111 be madc in the vacated area.
Sectioii 5. Closine. Following satisfacticn of the above conditiniis, the City Clerk shall
record a certifed copy oFthis Ordinance in the office of the County Auclitor and the City Vlanager is
strtMorizecl to exeeute all necessary documents, i.neluding a Quit Claim T)eed, in order to complete the
transfer of the property identified herein.
Section 6. Seversbilitv. If any seetion, sentence, clause or phrase of this Orclinance shall be
held to be inva]id or unconstitutional by a cqurl of competent jurisdiction, such invalidity or
unconstitutionslity shall not affect the validity or constitutionality of any nther seetion, sentence, clause,
or phrasc of this ordinance.
Sectiun 7. Effective Date. This Ordinance shall be in fiill force and eEfect fve (S) days aRer
publication of this Ordinvnce or a summary thereof in the of(icial newspaper of the City of Spokane
VaUey as provided by law.
T'ASSED by ihe City Council this 13''' day of July, 2004.
IIW
Michael UeVleming, Vlayor ~
1
h'ristine Bainbridge, City Clerk ~ Approved t1s T'o I n: .
' •~Jl.~
C. P. riskcll, Depu ity Attot°rtey
Date of Puhlication:
Ef#ectivc llate:
• ' ~ . 5413302
• Pags: 6 af 6
SFOiCANE UflLCEY GCp $37.0e 61131/C906 11:27A
Wane Co, WA
F.'shibit "A"
Propcr .ty l)escription
Strecl Vacation S'CV-01-04
1. That portion of 15'h Averiue West of F3ettman Road abutting Pai•cels No. 35243.1041 and I'arcel
No. 35243. ] 014, being a parcel of approximately 60 feet wide by 192.5 long for a tokil
appmximate srea of 11,550 square feci.
2. That portinn nf 15'b Avenue West of Bettman Road abutting Parcels No. 35243.1048 and Parcel
No. 35243.1027, bei.n ; a parcel approxirnatcly 50 feet wide by 60 feet long fbr a total
approximate area of 3,000 square feet.