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5413304 Deed, Quit Claim . . ' ' - 5413304 - Far;e : i af S 8713112FRq 11:27A AFTLR R.CCORDI~jC; RETURN TU: sFiIKri►,F_iM i FY a~~~ ~~7.aR sn~t•~r.o r.M, wR City Clerk. Citv of Spokane Valley 11707 F. Spragrue Avtnue Suite ] 06 Spokane Valley, WA 99206 Document Title: Quit Claim Deed Grantor(s): City of Spokane Valley, a Municipal Corporation Grantee(s): South Terrace, LLC, 12810 Nora, Spokane Valley, WA 99216 Legal Description: SW Quarter of Sections 23, Township 25 North, Range 43 East, W.M. Spokane County, Washington Assessor's Tax Parcel Number: 45103.0297 Reference Number: Auditor's Document No. 5105477 QUIT CLAIM DEED ~ ~ THE GRANTOR, CITY OF SPOKANE VALLEY, a municipal corporation; for and in consideration of w the public benefits received by Grantor in returning the property to the tax rolls, conveys and quit ~ claims to: 0 m THE GRANTEES, South Terrace, LLC., 12810 Nora, Spokane Valley, Washington 99216, the real estate described In Auditor's Document No. 5105477, filed August 2, 2004, a copy of which is c'z attached hereto and made a part hereof for all purposes, which real estate is situated in the County ~ of Spokane, State of Washington, including any interest therein which grantor may hereafter acquire: PARCELS OF LAND SITUATED IN THE WOODLAND TERRACE ADDITION PER BOOK OF PLATS "i" PAGE 16, DESCRIBED AS FOLLOWS: THAT PORTION OF 12T" AVENUE EAST OF A LINE COMMENCING FROM THE NORTHEAST CORNER OF LOT 1, BLOCK 5 OF SAID PLAT ~ EXTENDED NORTH ON THE BEARING OF THE WEST RIGHT OF WAY LINE OF LLOYD w STREET TO THE NORTH LINE OF THE PLAT, THENCE 1078.02 FEET EASTERLY TO A LINE . ~ BEING THE WEST RIGHT OF WAY LINE OF CHRONICLE ROAD EXTENDED NORTH TO THE . o NORTH LINE OF THE PLAT CONTAINING 0.74 ACRES MORE OR LESS. TOGETHER WITH c THE ALLEY WITHIN BLOCK 4, BLOCK 3, AND BLOCK 2 OF SAID PLAT AND CONTAINING 0 3,593 SQUARE FEET (EACH) MORE OR LESS. TOGETHER WITH THAT PORTION OF 13T~~ p AVENUE BETWEEN BLOCKS 2 AND 13 OF SAID PLAT AND CONTAINING 17,964 SQUARE FEET MORE OR LESS. TOGETHER WITH THAT PORTION OF WILLANiETTE ROADAND 13T" a~ 4h ru Lq m ~ 5413304 : p:~ of 5 S~.IKRNE l~4LLEY ~n ~7. ~,o 47;' 1 Ic^f~fib 11 ~ i7R AVENUE BLOCKS 3 AND 12 OF SAID PLAT. ~kane Gti: WA This property is transferred pursuant to City of Spokane Valley Ordinance No. 04-020 which is incorporated into this deed as if fully set forth herein, subject to reservation of all easements noted on the attached survey (Auditor`s Document No. 5105477) or that may otherwise burden the property_ UA"1`FD thiS 3k day af vTare.ll, 2006. CITY OF SPOKf1NL VAL•I EY . By: j. ` 9 <4 P ( Uavicl Mercier. },I !Ianzger . . ~ ~ ' ~ 5413304 ~ ?age: 3 ~f 5 ~ • 07131t20f~5 1l~27A ~.Fv~'~;ANE UNLI~Y C~C[1 ~'~7.N0 S~okane Co, WA STATE OF WASHINGTON ) ) ss COUNTY,OF Spokane ) On this day of ~►~-efi~ , 20~ 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 Ciry Manager of the City of Spokan~ Valley, a municipal corporation of the State of Washington, that executed 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 ORIS ? 1 ~f~~XX Q.~ pS~oN ~ F~ NOTAR~PUBLIC i1'~and for the State ~P/ of Washington, residing at ~o Is.re~~ Vh-u.u~s,,, U~ ~pTARY ~'N My commission expires: S 1-a S~ ~ . ~B~tc ~ ~ ~ . ~l~AY 1.~ C? '~oFw~~►~' AuorroR'S NCTE: cr.rv oF sYOxaNTF. var.,LEY Document Recorot~~ SPOKANE CO[Tl7'Y, WASFLWGTU\' i$ A COpy ORUINA\'CE NO. 04-020 AN ()RDLNANCE OF 7'$F Cl"I'Y OF S1'OKt1NE VALI..EY, WASNGYGTON, PRpVTI')LNC FOI2 THE VACATtQi\i OF 1'OR'['IONS Ol+ 12"; AVF1~'UF, 13 ~H AVENiJF, CUSTER STR.EF,T, . .LGOYD ST'REET, A.\'D YTIBLIC ALLtiYS T.,UC:ATED PP I3LOCKS 2,3 AN:D 4, AT.,L LQCA'TT'll V4'EST Ol~~ MItOi\°ICLE ROAD Ie\t'TFjE WOOllI.,ANn •rrltRAcr SUIBnivTStov Arrn PRQV(UING FOt2 OTHFR MA'I"IE:RS YRUPERLX REIdAT1NG THERETO. WIIFRFAS, the City Council itu•ough Resoluiion iniiiar.ed the vacatian of portions of 1? Averiue, 130' Avenue, Custer Street, Lloyd Strect, and public alleys locaCed in $locks 2, 3, ancl 4; all located West of Chroilicle Roaci in the Woodland Terrace Subdivision by providirig that a hearing on the proposal to vacate the above strcet would be hcld before the Planning Commission on the 13th day of lvtay, 2004 for the purpose of considerirtg whether the vacation is in the public interest; \NrF-irRFnS, following a hearinb before the Planning Coinmission, it has been found and determined thae the vacation of the abnve referenced street coinplies wit:h City Ordinance 04-002, Sec;tion 11(SVMC Chapter 10A5) and irlcludes one or morc of the following findings: (1) The change of use or vacar.ion will serve the public interest.; (2) The Street or AJley is no longer required For public use or aecess; or (3) An alternative public way or private access woulci be: inore useful to the public and adjoining larid pwners; WI-IEREAS, the Planrli»a Cmmniission fndinbs anci/or minutes have been Filed with the City Clcrk tis part of dic public record supportino the vacaiiot.i; VVFiERh'AS, F#ty percent of the property owmcrs abuUing the properly to be vacated did not file,i written objection to tiiE proposcd vacation Nvit}i ttie Ciry Clerk; WI-TFRFf1S, t.hrough ordinance the City shall provide that the vacated property be trinsferred to the abutl'i►ia property owners, one-half to each; unless circumstances require a different division of propert:y, lhat the zoning district designation of the properties adjoining each side of the street shall attach to the vacated Uropert}; that a reeorc) of survey shall bc subm.ittcd to the Direetor of Cammuni .ty faevelopment and that all direct and indirecc casts of title transfer to the vaeatecl street be paid by the proponcnt or recipient of the transferred properi:y; 1A'HEREt1S, the City Council pursuiuit to RC1'V Chapter 35.79 and City Ordinance No. 04-002 (SVMC Chapter 10.05) clesires tq vacatc the above street as sc.t fortli herein. NOW, T[-EREFO.RE, the City Council of the City of Spokanc Valley, Spokane County, Wash.ington, do ordain as follows: . • Section 1. FindinES of Faet. The City Council mal:es ttie followinC Findings of fact: (1) thc City Department oF Public GVorks Iias reviewed the righi-oF way to be vacated and determined that the property adjacent to the vacated property is otherwise sert+ed by public or private aecess; (2) a publie hearing on the proposed vacation has been held in accordance with State Law and City Ordinance before the Planning Commission with the record of sueh hearing and procecdings lodged with the City Clerk; (3) awritten protest has not been filed with the City Clerk by at least ffly percent of the abutcing property owners; anci (4) vacation of the street or alley serves the public interest. ' 5413304 Page~ 4 c+f 5 SFC!„►iNt ~JaLLiY (~CD ~:7.r~9 c`~~yllca&6 11~27~ po. ,n i'o, ILR i 5413304 rage= 5 Lif 5 4FQlW VALLEY 87131420EF t i: 27A Spok,:a& Co, ftR Section 2. Prnnertv to he Vacated. Baseci upon the above finditigs and in accordance witli this ordinance, the City Council does hereby vacate the street or alley dcscribscl on the ariached Ex}tibit °A" which is ineorporated hereiii by reference. Section 3. Zoninia. The 7onin; designation tior the vacated property shall be the clesignation attached to the tidjoining properties as set forth within the respective propei-ty or lot lines. T}ie I7irecior of Comrnunity Development is authorizcd to make this notation on the official zoning map of the City. Section 4. Conditions of Vacation. The following condit:ions shall be Cully sa[isfied prior to the transfer of titlc by the City. l. t~1 record of survey shall be subcnitted Co the City in accordance with City Ordinance 04- 002, Section 16 (SVNIC Chapter 10.05). 2. Fees ancf Costs associated wich the transfer of titlc to the vacatcd property shall bz paid by the recipient (ar grantee) of such prnperty. '1"he f'ees and cosis include all direct and indirect costs of title transfer to the vacated street. 3. Unless otherwise agreed by the Director of Publie Works, a reseivation in the form of an easement providing fnr public utiliry services shall be made in the vacatetl a.rea. Sectinri 5. Closin-a. Followin~ satisfaction of the above conditions, the City Clerk shall record a certi fied copy of t}►is Ordinance in the office of the County Auclitor and the City Manager is authorized to e:cecute all necessary documentt, inclucling a QuiC Claiin lleed, ir1 orcier io cornplete the lranstier of dic property identificd herein. Sectinn 6. Severabilitv. If tiny seccion, sentence, clause or phrase of this Ordinance shall be hel<1 to be invalid or unconstitutional by a court of compeieni jurisdiction, such invalidily or uncanstitutionality shall not affect the valitJity or constitucionality of any olher section, sentence, clause; or phrase of this Ardinance. Sectio» 7. EfPective Date. 1 his Ordir.iance shall be in full Corce and effcct f ve. (S) days after publication of this Orclinance or asummary thereof in the offic;ial neNvspaper of the City of Spokane Valley as provided by law. PASSEI) by the City Council tflis 13'' day of July, 2004. vlichael D)eVlerlting, tMayor C-6 istine Batnbrid~~je, City Clerk f Appruved o . m: , j _ ~;,_l riskell, Dep City Attorney Date of Publication: 9 -Z3 -0 C~ Etfective Date: z/ , ~