5413305 Deed, Quit Claim
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SPOKANE V&LEY QCO $37.00 Spokane Co, WA
AFTLR RFCOR.DINC7 R.ETiJRI\j TO:
City Clerk
City of Spokane Valley
11707 E. Spragtie Avenue Suite 106
Spokane Valley,WA 99206
Document Title: Quit Claim Deed
Grantor(s): City of Spokane Valley, a Municipal Corporation
Grantee(s): Kenneth Scholz, 2119 North Locust Road, Spokane Valley, WA 99206
Legal Description; South West Quarter of Section 8, Township 25 North, Range 44 E.W.M.
Assessor's Tax Parcel Number. 45083.0237
Reference Number: Auditor's Document No. 5277931, filed September 21, 2005.
QUIT CLAIM DEED
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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
N claims to:
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m THE GRANTEES, Kenneth Scholz, 2119 North Locust Road, Spokane Valley, WA 99206, the real
n estate described In Auditor's Document No. 5277931, filed September 21, 2005, a copy of which is
ad 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:
THE NORTH 50.00 FEET OF AN ALSO THE WEST 25.00 FEET OF THE WEST 340.00 FEET OF ,
THE NORTH 4/5THS OF THE NORTH HALF OF TRACT 359, OPPORTUNITY PLAT TWO,
ACCORDING TO PLAT RECORDED IN VOLUME "Q" OF PLATS, PAGE 41, IN SPOKANE
~ COUNTY, WASHINGTON.
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o This property is transferred pursuant to City of Spokane Valley Ordinance No. 05-020 which is
o incorporated into this deed as if fully set forth herein, subject to resenration of all easements noted
N on the attached survey (Auditor's Document No. 5277931) or that may otherwise burden the
o property.
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67131 /280S 11 :27A
SPOKAKE URLLEY QCO S37.08 Spokane Co, PA llATLD tllis -3j day of Marcli, 2006.
C1T1' OF SPOKANL VALi..rY
By: n " lsl-~
TaAVid Mereier; C~ia~,- lyanager
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SPOKANE UALLEY ACD f37.88 8,aakane Co, P
STATE OF WASHINGTON ) -
) ss
COUNTY OF Spokane )
On this -
Li _ day of i1A Ar" , 20Q16 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, 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 WNEREOF, I have hereunto set my hand and affixed my seal the day and year
first above written
~)AlSKF~ NOTAR`f{PUBLIC in and for the State
~Q y,oN ~~qF~ of Washington, residing at ~o
Q~ ,~~RV s My commission expires: S- i -v4
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MAYA•"yr~
q~ 0 F ~NP
; • ' AUDITOR'S fVOTE:
CITY OF SPOKANE VALI..F,Y Document Recorded
SPOKAN"T CUUNTY, WASIHI~TGTON ~
oxDrnTANcE vo. 05-020 Is A COPY W1% N3
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AiY ORDINANCE QF 1TiE CITY QF SPOKANF, VALT..EY, SFOKANE C:OUNTY, N a
WASHL\7GTON, P120VIDING FC7R TFfE VACATIO\t OF A PORTION UF KNOY AVFNUF CV) a, ~X
~'VEST OF GOCUST S 1 R.F,ET A~'n FROVT~II~TG FOR OTHER ' I~IA'I'TERS P1tOPERT~Y
RFLATING THEItTTU.
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WFIERrA5, the City Council by Resolution 05-004 initiated vacation proceedinF;s for a portion of K.nox ~
Avenue west of Lacust Sireet by providing that a hearing on the proposal would bc held before the
Plannino Commission on the 28tli ciay oFApril, 2005; and a
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WHEREAS, the Planning Commission held a public hearing on April 2$`h, 2005 on the proposed
vacatian; wid
NVI-iEREAS, following a hearing, the 1'lanning Coinmission found that fnund the notiee anci hearing
requirements of 1'itle 10 Article IX Section 10.09.04.10 of ilhe Spokane VaIley vlunicipal Code have been
rnet, and further fowid: that J
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l. '1'he vacation of the streedalley wili perniit fiill development of't:he properly for benefcial uses z
and pemiit appropriate levels of maintenance. o
2. Knos Avenue is no longer required for publie use or public access; ~
3. The substitution of a new and different public way is neitLer necessary nor feasible. -
4. Given the present age and condition oF adjacent development, if is unlikely that conditions will
change in the future to provide a greater use or neecl than presently exists;
5. Abutting praperty ownei-s havc acquired tide tn a portion of the original richt-of way of Knox
Avenue by scparate land use actions; and ,
W1-1T1iEAS, the Planning Cornmissinn findings and/or minuces have been fled with the City Clerk as
part of the public rE;cord supporting the vacal:ion;
WI-IEREAS, fif[y pcrcent of ttte property owners abutting the pmperty to be vaaated did not filc a written
objectiqn to the proposed vacation with the City Cleek;
WHEREAS, through ordinance the City shall pravicle tltat the vaeated properfy be transferred to the
abutting property owners, onc-half to eaeh, unless circumstances require a different divisioti of property,
that the zoning disrricr designarion of che properlies adjoitling each side of the street shal( attach to the
vacated property; thal a record of survey shall be submitted to the 17irector of Community I7evelopment
and that all clirect vid indirect costs of tit:le transfcr to the vacated strcet be paid by lhe prononent or
recipicnt of the transferred property;
WHFRLAS, the City Couneil pursuant to RCVV Cliapter 35.79 and 'I"itle 10 Article IX Section
10.09.04.10 af dhc Spokane Vallcy Municipal Cade desires to vacatc the above street as set Corth herein.
NOW, THNI.FFOR.E, the (:ity Council of the City of Spokane Valley, Spokane County, NVashington, do
ordain as follaNvs:
SecNon 1. FindinLys of Fact. The City Cnuncil mal:es che Follotving findings of fact: (1) the
City Department of Public Works has reviewed the right-of-way to be vacated and deternlined that the
property adjacent to die vacate_d property is athenvise serveci by public or peivate access; (2) a publie
hearinb on the proposed vacation has been held in accordance with State Law ancl City Ordinance before
the 1'laiining Commission with the record of such hearing and proceedinas lodged with the City Clerk; (3)
a written protest has not been filed widi the City Clerk by at Icast fifty percent of thc abul6ng property
ovviiers; and (4) vacation of the street or alley serves the public interest.
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SPOKRKE UALLEY QCD $37.68 Spckane Co, I!A
Section 2. I'ronertv Io be Vacated. Based upon the above findings and in accordance with
tFiis ordinance, the City Council daes hereby vacatc the street or alley described on the attached Exhibit
"A" whieh is incArporated herein by reference.
' Sec:tiou 3. Zoning. The Zonino desibmation for the vacated property shall be the desionation
attaehed to the acijoining nroperties as set forth within the respective property or lot lines. The Director of
Community 17evelopmeut is authorized to make this notF►tion on the official zoning map nFthe City.
Secl•ion 4. Conditions of Vacati4n. The following eonditions shall be fully satisfied prior to
the transfer of title by the Cit:y. a) A record of survey prepared by a registercel surveyor in the State of 1'Vashington and
including an exact meces and bounds legal description and specifying if applicable amy
and aU easements for construction, repair and rnaintenance of e;.usting anci firture utilities
and services. the record of survey shall contain the professional stamp anci signaturc of
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the registered surveyor and should be filccl upon completion with the Spokane County
Auditor. The surveyor shall provide the City of Spokane Valley with a my(ar copy of the
rec:orded survey and the fliaditor's Document Number 3nd datc of recordation; and
b) 1'lacernenl of at lcast ttivo monuments on the centerline of the vacaked right-of=way with
, one located at the interscction of the centerline of the vacaCeci right-of'-way with each
street or right-of-way in accordance with the standards established by the S'pokaiie
Cvurlty Srandurds for Roud aftd .Se►ver Conumtclion; and
c) 1'ayment of all direct and indirect costs of t:itle transfier of the vacated street or alley frqm public to peivate ownership including but not limiled to title company charges, copying
fees, and recording fees; arid .
Sectioo 5. Closing. Following satisfaction of the above conctitions, the City Clerk shall
reeorc! a certifeci copy of Lhis Ordinance in the office of_the County Auditor and the City tifanager is
authorized fo execute all necessary documenCs, including a Quit Claim Deed, in order lo complete the
transfer of the property idcntified herein. Sectic►n 6. SeverabiliCv. lf aaiy section, sentence; clause or phrase of this Orctinance s}iall be
held lo be invalicl or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutiorrility shall nnt affect the validiry or constitulionality of any other section, senCence, clatase or
phrase of this ordinance.
$ection 7. Effective Date. `Chis Ordinance shall be in full force znd effcct five (5) days after
publication of this Ordiriance or a summaty thereof in the afficial newspaper of the City qf Spokvie Valley a~s prnvided by law.
FASSED by the Citv Council this 12'' day of July, 2005. .
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A1' • T. eVlayor,l7iana Wilhite
~c[,/~M / h~~ c,~J •
City Clerk, Christine i3ainbridge . .
Approved As 1 o F'orm: 04.~►
, I "41a
JacputyCity Attor&-y, Cary P. [ariskell
Date of Publication: 09 tl e
Effective Date: