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5413303 Deed, Quit Claim , 5413303 Page! 1 of 6 SPOKRHE l1AlLEY OCD f37.A0 S7ok~ne8Co~ 1µA27A AFTER ltEGOtZDI~IC, RETUKI~z "f0: p City Clerk City of Spokane Valley 11707 L. Spraguc Avenue Suite 106 Spokane Valley, WA 99206 Document Title: Quit Claim Deed Grantor(s): City of Spokane Valley, a Municipal Corporation Grantee(s): Kurt and Mandee Vigessa, 1420 South Bettman Road, Spokane Valley, WA Legal Description: SW, SW QTRS. 24, T. 25 N, R. 43 E., W.M. Assessor's Tax Parcel Number. 35243.1069 Reference Number: Auditor's Document No. 5144803, filed November 9, 2004. QUIT CLAIM DEED _J w 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 o claims to: 0 THE GRANTEES, Kurt and Pvlandee Vigessa, 1420 South Bettman Road, Spokane Valley, WA, the real estate described In Auditor's Document No. 5144803, filed November 9, 2004, a copy of which ~ is attached hereto and made a part hereof for all purposes, which real estate is situated in the ~ Counry of Spokane, State of Washington, including any interest therein which grantor may hereaRer acquire: THAT PORTION OF 15T" AVENUE IN BETTMAN'S ADDITION ACCORDING TO PLAT RECORDED IN. VOLUME "Cp OF PLATS, PAGE 13, SPOKANE COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: THE NORTH 30.00 FEET OF SAID 15T" AVENUE, WEST OF ~ BETTMAN ROAD AND EAST OF THAT VACATED PORTION OF SAID 157H AVENUE AS o DESCRIBED IN AMENDING RESOLUTION NO. 93-1368; CONTAINING 5,807 SQUARE FEET. o This property is transferred pursuant to City of Spokane Valley Ordinance No. 04-019 which is ~ incorporated into this deed as if fully set forth herein, subject to reservation of all easements noted N on the attached survey (Auditor's Document No. 5144803) or that may othe►wise burden the o property. Cr% w ~ N CR co -'5413303 Pzc,e : 2 of 6 67/31/2896 11127A SPOKAhIE UALLEY QCD $37.88 Spekane Co, RA nATFD this ~ ctay of Jul_y, 2006. C1TY Or SPOKANL VALLFY By: C^ -e- `<Z47 ,d 9-c- llavid Nlercier, Ci~Iager 5413303 Page : 3 of 6 91131/20@6 11~27R STATE OF 1NASHINGTON ) S'FaKANE UALLEY QCD $37.09 Spokane CO, WR ) ss COUNTY OF Spokane ) ' On this 7 day of 2006, before me, the undersigned, a Notary Public in and for the State of Washington, duly cdmmissioned 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 executetl the within and foregoing instrument, and acknowledged 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 oA~s~ NO~ARY UBLIC 4innr the State of Washington, residing at _SF01w,.t8' My commission expires: S" ~-eB ~ VQ o`~ v G P l! a~'~ ~~oFw~ AUDITOR'S NOTE: CITX Q.F SYOKt1i1=E vAY,LFY Document Recorded s-YOxUvE covrvr-rY, WAsFnNGrON IS A Copy 012D:11\7ANC.E \O. 04-019 AN ORDn'ANCF OF THF• CITY OI' SFOKANTE VALLEX, VVASHTNGTO\7, PTt01'I.l)ING FOR T`ffE VACATION 4F .15`h AVEYITE «'FST OF liE1'T~1~IAN RUAD ANfi FROVIDliNG FOR QTFf.ER 117ATTERS Fit01'ERLY RELATIl\G TIURETO. NVRER.EAS, the City Council through Resolution initiated the vacation of 151h Avenue West of Bcttman Road by providing that a hearing on the proposal to vacate the above slreet would be held before the Planning Commissiori on the 13th clay of May, 2004 for the purpose of considering «fiether the vacation is in the public interest; WF-IERE-AS, following a hearing before the Planning Commission, it has been found and determined that the vacation of the above refereneed sh•eet complies with City Ordinance 04-002, Seetion ll(SVMC Chaptee 10.05) rtnd includes one or more of the folloNving tindings: (1) The change of use or vacation wi(l servE the public interest; (2) The Street or tllley is no looger required for publ.ic use or access; or (3) An alternative public way or private access would be more useful to the public and adjoining land owners; ~NrHEaEAs; the Planning Commission findings andlor minutes have bcen filcd with the City Clerk as part of the public record suppbrting the vacation; \VFiEREAS, f fty percent of the propcrty owners alautting the property to be vacated dici noe file a written objection to thc proposed vacation with the City Clerk; WKEIZFAS; through ordinance the City shall provide that the vacated property be iransferred to the abutting property owners, orie-half to each, unless circumstanees reyuire a different division of property, dhaC the zoning district designalion of die properties adjoining each side of the street shall attach to the vacate.d property; that ti record of survey shall be submitted to the Director of Commumity Development and that all dirext itnd indirect costs of title transfer ta the vacated street be paid by the propnnent or recipient of the trsnsfcned property; NVf-IEFtEAS, the City Council pursuant co RCW Chapter 35.79 and City Ordinance No. 04-002 (SVMC Chapter 10.05) desires to vaeate the above street as set forth 6erein. NOW, THEI7EFORE, the City Council of the City aE Spokanc Valley, Spokane County, W3shiogton, do ordaiti as follows: Secriou l. Finclinffs of Fact. '1'Me City Council makes the following findings of fact: (1) the City Depiirtment AF Public; Works has revieNved the rigtiC-of.-way to be vacated and determined that the property adjacent to the vacated property is oChenvise served by public or privttte FtCC0S5; (2) a public hearing on the proposed vaeation has been held in accordance with State Law and City Ordinatice before the Planning Commission with the record of such hearing and pmceeciings lodged with the City Clerk; (3)) a writ#cn protcst ha.s not been f11ed with the City Clerk by at least fifty percent of the abutting property owners; antl (4) vaeatian of the street or alley ser~.-es the public interest. 5413303 Page. 4 0£ 6 SPOKA1fF URLLEY QCD $37.89 Spokane~C~, 1W 27~ R 5~413 503 s ~ - 07/31/29@& 11:27R , SPWN'E VALLEY (t~'D W. @8 Spokane Co, 61A Section 2. 1'rooertv to be Vacated. Based upon t1ie above findings and in accordance witli this ordinance, the City Council does heecby vacate ttie sireee or alley described on the attacheti Exhibit "A" which is incornoraCed herein by reference. Sectinn 3. "Lonine. I`he Zoning designatinn for the vaGated property shall be the desigilation attacheci ta the adjAining properlies as set forth within the respectivre property or lot lines. Thc Director of Cqmmunity Development is authorized to rnake this natation on the official zoning map of ihe City. Seccion 4. Conditions of Vacation. "I`he Following condieions shall be ftilly satisfied prior to the transfer of title by the City. l. A record of survey shall be submitted to the City in accordance with City OrdinHnce 04- 002; Section 16 (SVVIC Chapter 10A5). 2. Fees and Costs associated wilh the transf'er of title to the vacated prope.rty shall be paicl by the recipient (or grantee) of such property. The fees and costs inelude all dircc:t and indirect costs of title transfer to the vacated street. 3. Unless ot}ienvise ageed by tUe l7ireclor of Public Vdneks, tt reservacion in the fonn of an easement provicliiig for public utility services shall be made in the vacatecl area. Section S. Closing. rollowing satisfaclicn of the abovre conditions, the City Clerk shall record a certiFied copy of this Orciinance in t.he office of the County Auditor ancl the City Managcr is authorized to exeeute all rieccssary documents, inelucling a Quit Claim lleed, in order to complete the transfer of the propcriy identified herein. Seciion 6. Severabilitv. if any section; sentence, c:lause or phrase of tliis Ordinance shall be held to be invalicl or unconstitutional by a court of competent juriscliction, such i»validity or unconstitutionality shall nqt affect the validit:y or constitutionality of any othcr section, scntence, clause, qr phrase of this ordinance. Section 7. Ef`fectivc Date. This Ordirlance shall be in full force and effect five (5) days after publication of this Ordinance or a summaiy thercof in the official newspaper af the City of Snok.inc Valley as provided by law. PASSE17 by the City Council this 13'b dsy of'July, 2004. c ~ Michae! llcVleming, Mayor J AT'~~ ~ ~ f~ristine 13ainbridge, City Clerk y ! Approvecl As To 7p , -Y. L'Iriskell, Dity Attorne~~ llate of Public~ition: ~l ~ Effective IaatE: 7- ~ - d y ; • ' . ~ 5413303 Page: 6 of 6 SFaiCRN,E UflLLEY RCD E37.06 SpokarJrs8Co, 1~A • Ethibit «A" • Propcrty ]')escription Strect VacaEion STV-01-04 I. That port;ian of 1 S`f' Avcnue West of Bettinan Road abutting 1'arcels No. 35243.1041 aild Parcel Na. 35243.1014, being a parcel of appro:Yimately 60 feet wide by 192.5 long far a lotal approximate area of 11,550 square Peet, 2. That portian of 1 S`f' Avenue West of Bethnan Koad abutting Parcels iN0. 35243.104$ and Pai•cel No. 35243.1027, beina a parcel appeoximately SO feet wide by 60 fcet long for a total approximate area of 3,000 square fect.