5432126 Deed, Quit Claim ~
5432126
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AFTLR RFCURDNG RETU' TC): EaY6812066 34:27P
City Clerk CITY UF SPOKAIIE Ui1LLEY e1C0 538•86 Spokans Co, tfR
C:ity of Spokane Valley
11707 F. Sprague Avenue Suite 106
Spokanc Valley; WA 99206
Document Title: Quit Claim Deed Grantor(s): City of Spokane Valley, a Municipal Corporation
Grantee(s): Gus Johnson Ford, E. 8300 Sprague Ave, Spokane Valley, WA 99212
Legal Description: North West Y of Section 19, Township 25 North, Range 44 E.W.M
Assesso(s Tax Parcel Number: 45192.0101 and 45192.0102
Reference Number: Auditor's Document No. 5186840, filed March 4, 2005.
QUIT CLAIM DEED
THE GRANTOR, CITY OF SPOKANE VALLEY, a municipal corporation; for and in consideration of
LD the public benefits received by Grantor in returning the property to the tax rolls, conveys and quit
~ claims to:
ao
~
ru THE GRANTEES, Gus Johnson Ford E. 8300 Sprague Ave, Spokane Valley, Washington 99212,
o the real estate described In Auditor's Document No. 5277931, filed March 4, 2005, a copy of which
~ is 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:
~
~ All that portion of the Alleway lying South and adjacent to Lot 1, Block 1 and lying North and
adjacent to Lot 2, Block 1 of West Dishman First Addition, per plat recorded in Book 6 of Plats, Page
99, in Spokane County Washington. EXCEPT any portion lying within Lewis Road.
This property is transferred pursuant to City of Spokane Valley Ordinance No. 04-039 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. 5277931) or that may otherwise burden the
C) property.
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• ' 5432126
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09/CB12006 04:27P
CITY OF SPGKkIfE VALLEY aco t38.0 Spokane Co, 11.9
Df1TED this day af Marcli, 2006.
CI'1"Y OF SPOKANE V ALLF-Y
By:
Davici Merciec, Cit~ Nlanager
~ ~
.
5432126
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STATE OF WASHIPJGTON ) CITY OF SFOKANE UA?LEY QL1D f38.00 Spoka ~eeCo,~l~,~R27?
. ) ss
COUNTY OF Spokane )
On this 1 day of 10 RCA4 , 20* before me, the undersigned, a Notary Public in and for
the State of Washington, duly commissioned and sworn, personally appeared, David Mercier, to rne
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
KE
Q~~S Q NOTARYeUBLIC in and for the State
O ~,E~~qFs
Q y~o ~ of Washington, residing at
cc~ TD My commission expires; S- l-ot~
•
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STATE OF~
5432126
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C1TY Gf 4Pa~KANE UPLLEY QL'D ~8.06 SnukeneeCa,8WA27P
~C~ITYO~n*00
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Val1ey 11707 E. Sprague Ave. • Suite 106 • Spokane Valley, WA 99206
(509) 921-1000 • Fax (509) 921-1008 • ciryhall@spokanevafiey.org
l, Christine Bainbridge, City Clcrk for the City pf Spokane Valley, VVa.shington, do hereby certify
that the attached is a full, true, and correct copy of Ordinance No. 04-039, approved by thc Spokane
Valley City Council at its Regular Mecting of September 28, 2004.
NVl,rNTss my hand and afficial seal this ] 0"' day of November, 2005
/ n~t /~L~,~
hristine l~ainbridge: Spokane Valley C~;'~tefk
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• 5432126
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• CITY Qf SnKAhlE U,9LLEY ~o $38.80 ~9'l03/2S8S O4:2iP
,vakane Co, WA
Cl`('Y OF Sk'OKANE, VALLIaY
ST'UKAl'ST CQiIN'f Y, WAS11INGTQN
ORT)1NtiNCF NO. 04-039
A1~1 ORDINANCE OF 'I'HF C1TY QF SPOKANE VA.LLEY, WASHINGTON,
PRUVTDING F4R THE VACATI0N OF AN UNI1!iPROVFD '1'WENTY (20)-
F04T AY,LEX LOCATFD EAST ON" VISTA RQAD APPROXLMATELY ONE
BI.,OCK S(aUTH OF Sl'1tAG:UL AVFNUE, ANTD PROVII)ING FOIt OTNF[7
NIAI'7 ERS PROPERLY RELATIYG TAl?RETO.
WHER.FAS, the City Council tlirough Resolution initiated the vacation of an uiiunproved
twenty (20)-t~oot alley located between Parcels rb. 45 192.0101 ancl 45192.0102, east of Vista Road,
. approximately one block soutfi of Spragie Avenue, by providing that a hearing on the proposal to
vacate the above street would be held before the Planning Commission on the 26th day of
August, 2004, for the purpose of conside.ring whether the vacalion is in the public interest;
WHEREAS, follo,.vhn; a hearing befc~re t~ie Planninb Commission, it has been foiuid aud
dctermined that the vacatinn of the above-referenceci strect complics with City Ordinance 04-
002, Section 1 l(SVIvIC Chapter 10.05) ancl includcs one or more of the following findings:
(1) `l"he change of use or vacation will servE the public interest; (2) Thc Street or Alley is no lnn;er required for public use or access; or
(3) An altemativc public way or private acGCSS would be morc useful to the public and
adjoining land owners;
WHFREAS, the Planning Commission find'uigs and/or minutes have been filed with the
City Clerk a.t part of the public record supporting the vacation;
VVHFl2EAS, Fft percent (50%) of the property o"Amers abutting the property to be
vacated did not file with the City Clerk, a ~vritten objection to the proposeci vacation;
'WHE,RFAS, thraugh ardi.nance the City shall providc chat the vacated praperh, be
transferred to the abutting property wN-ners, one-half to each, unless circumstanccs requirc a
different diviSibn of prqperty, that the zoning district desigi-tation of the properties adjaining cach
side of the street s}iall attach to the vacated property; that a record of sul-vcy shall be submittcd tn
the Director of Cnnimtuiicy Iaevclopment and t}lat a11 direet and indirect costs af title transfer t4
the vacated street be paid by the proponent or recipient of the transferred propcrty;
WiEEREAS, the City Council piirsuant to RCW Chapter 35.79 and City Ordinance No.
04-002 (SVMC Chapter 10.05) clesires to vacate tllc above street as sct forth herein.
NOW, TIICRHFORE, the City Cnuncil of the City of SpokanE Valley, Spokazic County,
Washingtnil, do ordain as 1'allows:
Sectinn 1. Findines of Fact. ThE City Council makes the following fuidings of fact:
(1) the City Departmcnt of I'ubl.ic Works has reviewcd the right-of-way to be vacated and
• 5432126
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C I TY GF S,P~iCANE UA? LEY OC~ 538 . 00 Spok9. ieOCo, ~~27P
detennined that the property adjacent to the vacated property is othenvise seived by public or
private access; (2) a public hearing on the proposed vacation has been held in accordance w-ith
State Law and City Ordinance before the :l'lanning Cocumission with the record oF such hearing
and proceedings lodged with the City Clerk; (3) awritten prptest has not been filed Nvith the City
Clerk by at l.east fifty percent (50%) of the abutting property owners; and (4) vacation of the
street or alley serves the public interest.
Section 2. Pronertv to be Vacated. Ba.sed upon the above findings and in accordance
with this ordinan.ce, the City Counci] does hcreby vacate the street or al.ley described on the
attar.hed Lxhibit "A" which is incorporated herein by reference.
Section 3. Lonina. The Zoning designation for the vacatecl property shall be the
ciesigilation attached to the adjoining properties as set forth witltin the respective property or lot
lines. Thc Director of Coirununity Iaevelopmem is authorized to make ttus notation on the
of-Ticial zoning map of the City.
Secrion 4. Conciitions of Vacation. The following conditions shall be fully satisfied
prior to the transfer of title by the City.
1. A i~ecord of survey shall bc subnutted to the City in accordance with. City
Ordinauce 04-002, Section 1_6 (SVMC Chaptcr 10.05).
2. Fees and Costs associated Nvith the cransfer of title to the vacated property shall be
paid by the recipient (or grantee) of such property. 1 he fees and co5ts ulclude all direct and
' indirect costs of titlc transfer to the vacatcd street.
3. Unless otherwise agreed by the Director of Public WArks, a reservation in the
form of an easement providing for private and public utility services shall be macle in the vacated
area.
Section 5. ClosinLT. Following satisfaction of the above cnnditions, the City Clerk
shall record. a ceri:ifed copy of tlus Ordinance in the office of the County Audit4r and the City
Manager is authorized to caecute all necessary documents, i_ncluding a Quit Claint Deecl, in order
to complete the transfer of the property iclentif ed herein.
Section F. Severabilitv. If any section, sentence, clause or phrase of ttus Or.d'uiance
shall be held to bc invalid or unconstilulinnal by a court oF compctent jurisdiction, such
invalidity or unconstitutionality shall not aH'ect the validity or constihrtionality of any other
section, sentence, clause or phrase of tlus ordinancc.
Section 7. Effcclive DatE. This Ordinance shall be in full forec and effect five (5)
days aft-er publication of th.is Ordinance or a sumuiary thereof in the official newspaper of the
City of Spokane Valley as provided by law.
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• . CITY Qf SPOKANE UALLEY QGO f38.00 SpokB.n WCo,gdR27P
PASSLD hy the City Cnuncil this 20` day of Sepiember, 2004.
` .
Mayor, Michael DeVle ing
A7,6er Christine Bainbridge
Approved As o Fc,rm:
~ eputy it~~ A.ttor` , Cary P. Driskell
I)ale of Public3tion: l0 -00 4
Ef-Tective Datc: /0 --/,i--Ay