5432125 Deed, Quit Claim
5432125
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AFTEK RECORDIivG RL'I'URN TO: 09/68!2006 84:27P
City Clerk CITY 0r, SPOY.fiJ{'E UriLLEY QCO $38.88 Spokane Go. Wfl
City of Spokanc Valley
11707 E. Sprague Avenue Suite 106
Spokane Valley, WA 99206
Document Title: Quit Claim Deed
Grantor(s): City of Spokane Valley, a Municipal Corporation
Grantee(s), Chris Linc Properties L_L.C., Marshall Clark, 2320 North Atlantic Street,
Spokane, WA 99205
Legal Description: North East of the North West Quarter of Section 24, Township 25 North,
Range 43 East W.M., City of Spokane Valley, Spokane County, WA
Assessor's Tax Parcel Number: 3So2~la.0/0-a
Reference Number: Auditor's Document No_5172239, filed November 23, 2004_
~A QUIT CLAIM DEED
~
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ro 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
0% claims to:
THE GRANTEES, Chris Llnc Properties, L.L.C., Marshall Clar}c 2320 North Atlantic Street, Spokane
~ valley, WA 99205, the real estate described In Auditor's Document No. 5172239, filed November
~ 23,2004, 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 hereafter acquire:
A portion of David Street in the NE Quarter of the NW Quarter of Section 24, Township 25 North,
Range 43 East, W.M., city of Spokane Valley, Spokane County, WA, bounded by the following four
40 lines: 1) a lines parallel with a 20.00 feet south of the south right way line of Sprague Avenue; 2) the
'"6 west right of way line of David Street; 3) the east right of way line of David Street; 4) the north right
6 of way line of Appleway Boulevard; containing 2,075 sq. ft.
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N This property is transferred pursuant to City of Spokane Valley Ordinance No. 04-043 which is
C) 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. 5172239) or that may otherwise burden the
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v property.
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0910812006 94:27P
CITY OF SPOKRHE UALLEY dC0 l38.88' Spokane Co, PA
DA'1'ED this da_y of March, 2006,
CITY OF SI'(7KANE VALLEY
T3}': ~ ~ 'A t c.--
Uavicl Mereier, (.i v ailager
• . . .
5432125
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STATE OF WASHINGTON ) 83/08/2BRE 04:27P
) ss CITY QF SPOKANE UALLEY iKO $38.00 Spok2ne Co, WA
COUNTY OF Spokane )
On this day of -jAA ►a-sa-cM , 200; before me, the undersigned, a Notary Public in and for
the State of V1lashington, duly commissioned and sworn, personally appeared, David Mercier, to me
known to be the City Manager of the City of Spokane Valley, a municipal corporation of the State of
Washington, that executed the within and foregoing instrument: and acknowledged the said
instrument to be the free and voluntary act and deed of said municipal corporation for the uses and
purposes therein mentioned, and on oath stated that he was authorized to execute said instrument,
and that the seal affixed is the seal of the City of Spokane Valley.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and year
first above written
yQ ORISNOTARY Pl0$LIC in andTor the State
Q► ~ys~oN of Washington, residing at 5 Pe1cr+-..» Ir~c~,3•,
D~ARy 9F`~, 11Ay commission expires: S- t-cfi! ~
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09108/2,306 04127P
CITY ftF SPOKRNE UA! LEY OCQ $38.90 Spok2Jte Co, !IR
~
Valley- 11707 E. Sprague Ave. • Suite 106 • Spokane Valley, WA 99206
(509) 921-1000 • Fax (509) 921-1008 • cityhall@spokanevalley.org
I, Christinc Bainbridgc, City CIerk for the Ciry of Spnkane Valley, Wushington, do hereby certify
that the attached is a ftiil, true, and correct copy oF Ordirjance \'o. 04-043 approved by the Spokane
Valley CiCy Council at its Reaular Meeting of Oclober 263 2004.
W1TIVESS my hancl and officia) seal this 10'6 clay of November, 2005
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LITY OF SPOKANE UALLEY @C0 $3$ g0 09J6812GR6 04:27P
Spokan_ Co, uR
CITI' UF SPOKANF, VALLEY
SPOKANE COUiNTY, WASHIiNGTnr7
O.lZDINANCF NO. 04-043
AN ORDn1ANCL QF '1'HE CITY UF SP(7KANE VALLEY, WASHTNGTON,
PROVInING FOR THE VACATION OF A PnR'! InN OF llAVID ROAD
LOCATEll RE 'rWEEN SFRACUE AVEn7UE AiND APPi~EWAY BOULEVAR.D,
WEST OF THTERA7AN AND PI2OVT_Dli'YG FOR OTHER NIATTL+"RS
FROPERLY I2ELA`11NC `CH-ER.ETQ.
WI-IE17FAS, the City Council by Resolution 04-022 iniliated vacation proceed'uigs for a
portion of David R.oacl located between Sprague Avenue and Appleway Boiilevard, west of
Thiemian Road. by providing that a hearing on the proposal would be held before the P1aTUiing
Comnussion on the 26th day of A.ugList, 2004.; and
«HER.FAS; the Waslungtpn Department of Transportation (WSDOT) retauis that
portion of David Rpad located south ot' the Spraa c Aveuue riblit-Af-way pursuant to deeds
recorded on January 11, 2000 (Kecording Nos. 4446885 through 4446897); and
WI-IERFAS, the Planninb Conunission held a public hearing on August 26; 2004 on the
proposed vacltion, and subsequently held a public hearing on Oetober 14, 2004 to consider an
amendcd requcst excluding that portion of David Koad currently oNvned by WSDOT; an
d
NVIFIERF-t1S, following a heari_u; before the Planning Camtnission, it has been Found and
determined that the vacation of the above referenced street complies with City Ordinancc 04-
002, Section 11(SVMC ChapYer 10.05) and includes onc or more of the following findings:
(1) The change of u.se or vacation will serve the public interest;
(2) Thc Slreet or Alley is uo longer required for public use or acccss; or
(3) Ar► altei°native public way or private access wnuld be inorc useful to the public and
adjoinine land oNvners;
WHEl2.13AS, the Phuming Commission findi.ngs and/or minutes liave been filed with the
City Clerk as part of the public reeord supporting the vacation;
WT-IEIZEAS, fifty perccnt of the property owner.s abutting the property to be vacated did
ndt file a w-ritten objection to the proposed vacation .vith the City Clerk;
W.E1LRFAS, through ordinance the City shall providc that the vacated property be
traiisferred to the abutt-inb property owners, onc-half to each, unless circumstailces requirc a
diff.erent division of property, thai the zoning district designation of the properties adjoining each
side of the street shall attach to the vacated property; that a record of survey shall be submitted to
the Director of Coinmuiuty Development and that all direct and indirect costs of titlc transfer to
the vacated slteet be paid by ttie proponenl or rccipient of the transferreci property;
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' 091@8t2006 09:27P
CITY Oi SPOKk}{E UALLEY QCD S38.GG Spokana Co, ~!R
WHEI2EAS, the City Council pursua.nt to RCW Chapter 35.79 and City Ordinance iNo.
04-002 (SVMC Chapter 10.05) desires to vacate the above street as set forth hcreicl.
NOW, T14ERFFOR-E; the City Council of the City of Spokanc Valley, Spokane Couuty,
Waslungton, do ordai_n as Follows:
Sectiou 1. Fundinas of Fact. The City Council uiakes the follo~~ing findings of fact:
(1) the City ]7epacrtment of Piiblic Works ]las reviewed the r.ight-of-way to be vacated and
deteruiined that the property adjacent to the vacated property is othervvise scrved by publie: or
private access; (2) a public hearuig on the proposed vac;ation has been held in accordance with
State Law and City Ordinance bcfore the Planning Couunission with the rccord of such hearing
and proceedings lodged with the City Clerk; (3) a written protest has not been filed with the City
Clerk by at lcast fifty percent of the abutting property owners; and (4) vacation of the street nr
alley serves the public ulterest.
Sectic>n 2. Pronertv to be Vacated. Based upon the above find'uigs and in accordatice
with this ordiuance, the City Counci.l does hereby vacatc the street or alley described on the
attached Exh.ibit "A" wh.ich is i.ucorporated herein by reference.
Seetion 3. Zoniniz. The 7orung designation for the vacated propcrty shall. bep the
desig;nation attached to the adjoiiung properties as sct forth wittun tlte respective property or lot
lincs. T'hc Director of Community Development is authorized to make this notacion on the
ofticial zoning map of the City.
Section 4. Condirions of Vacation. The followi.ng cnnditious shall be fully satisfied
prior to the transfer of title by the City.
1. A record of survcy shall be subinitfied to thE City in accordance with City
Ordinance 04-002, Section 16 (SVV1C Chapter 10.05).
2. Fees atid Costs associated with the kransfer of title to the vacated property shall be
paid by the recipient (or grantee) of such property. The Cees and costs include all direct and
indirect cUSts of title traisfer to the vacate_d street.
3. A reservation in the form of an easeineni providing for privale and publie utility
services subjecl to such conditions shall be made in the vacated area.
Section S. Closing. Following satisfaction of the abovE conditions, the City Clerk
shall rccord a certifieci, copy of this Urciinance ui the office of the County Auditor and the City
Manager is aulhorized to execute all neccssary docurnents, including a Quit Claim Deed, in
order to complcte the transfer of the property identif`ied herein.
Section 6. Severabilitv. T1:' aiiy section, sentence, clatise or phrasc of this OrdinancE
shall bc held io bc invalid or unconstitutional by a court of competcnl jurisdiction, such
invalidity or unconstittitionality shall not affect the 'validity or constitutionality of any other
sectiou, sentence, clause or phrase nf this ordinance.
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' 09/@6t2006 W27P
i;1TY Of SPCKfl;IE VALLEY QGD $38.00 Spokane Co, WA
Section 7. Ef.fective 17ate. This Ordinance shall be in full force and ef-fect five (S)
ciays after publicatipn of this Ordinance or a summa.cy /hereof in the nfficia) ucwspaper of the
City of Spokane Valley as provided by law.
PASSED by the City Council this ;,4(0_da 2004. ~
Ma.yor, Mic ael I7eVleming .
v AT'1'EST:
G'
ity Clerk, Ch.ristineF3ainbridge
Approved As Tr.► FLo ~
~
17cputy Ity Attorne}ary P. lariskelY
(JS W
laate ot'Publication: /L-169---dx
Lffectivc Date:
/