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5432127 Deed, Quit Claim At"TELZ RF..CORDING RF_."1"URN "i'U: 5432127 City Clerk Page: 1 of 7 City of Spokane Vallcy ~ 09/0812606 04:27P 11707 F. Sprague Avenuc Suite 106 CITY C~F SPOKANE V~9LLEY LO $38,00 SpoY,ane Co, WR Spokane Valley, VIJA 99206 Document Title: Quit Claim Deed Grantor(s): City of Spokane Valley, a Municipal Corporation Grantee(s): Gene and Lana Balch, 1506 South Bettman Road, Spokane Valley, WA Legal Description: South West, South West Quarter Section 24, Township 25 North, Range 43 East, W.M. Assessors Tax Parcel Number: 35243.1014 Reference Number: Auditor's Document No. 5144803, filed November 9, 2004. QUIT CLA1M DEED THE GRANTOR, CITY OF SPOKANE VALLEY, a municipal corporation; for and in consideration of ~ the public benefits received by Grantor in retuming the property to the tax rolls, conveys and quit N claims to: ti ~ o THE GRANTEES, Gene and Lana Balch, 5908 East 15t' Avenue, 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 County n of Spokane, State of Washington, including any interest therein which grantor may hereafter w acquire: c~ THAT PORTION OF 15T" AVENUE IN BETTMAN'S ADDITION ACCORDING TO PLAT RECORDED IN VOLUME "C" OF PLATS, PAGE 13, SPOKANE COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: THE SOUTH 30.00 FEET OF SAID 15T" AVENUE, WEST OF BETTMAN ROAD AND EAST OF THAT VACATED PORTION OF SAID 15T" AVENUE AS DESCRIBED IN AMENDING RESOLUTION NO. 93-1368; EXCEPT THAT PORITION WHICH LIES w WEST OF THE PROLONGATION NORTHERLY OF A LINE WHICH IS 15.00 WEST OF AND p PARALLEL WITH THE WEST LINE. OF LOT 7, BLOCK 11 OF SAID BETTMAN'S ADDITION; o CONTAINING 4,530 SQUARE FEET. 0 N This property is transferred pursuant to City of Spokane Valley Ordinance No. 04019 which is o incorporated into this deed as if fully set forth herein, subject to reservation of all easements noted a on the attached survey (Auditor's Document No. 5144803) or that may otherwise burden the property. ~ 0 N N DAI'Er) this ~.r0 day or':kri~r, 2006. CTTY Q1= SPUKA.iNL VAT LLY c_ 13y: I)avid Merciee, City Manager ~ 5432127 Page: 2 of 7 63/08/2098 04:27P CI1Y UF SPGXANE UAL!EY QUD $:9.00 Spokane Co, WR STATE OF WASHINGTON ) ) ss COUNTY OF Spokane ) On this 2Zday of_j0vGVS7i- , 2006, 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 WHEREOF, I have hereunto set my hand and affixed my seal the day and year first above written NdTARY P UC in and4erfhe State of Washing on, residing at ~ NoT^aY ~ My commission expires: S- )-oR' - Pueoe r, ~was 5432127 Page t 3 of 7 09108/2OS8 04:27P CITY OF SPOKANE URLIEY QkGD #33.00 Spokane Ce, WR 5432127 p?.qa: 4 of 7 091wa06 84:27P S CITYCITY OF SPO.~ANE UF.LtEY QL~D ~8.00 Snokane Co, WA p O~.Ile Valley 11707 E. Sprague Ave. . Suite 106 • Spokane Valley, WA 99206 49;00 (509) 921-1000 • Fax (509) 921-1008 • cityhall@spokanevalley.org l, Christinc Bainhridge, City Clcrk for the City of Spnl:anc Vallcy, Washington, dq hereby certify that ihe attached is a full, true, and correet copy of Ordinanee No. 04-019 approved by tlie Spokane Valley City Council at its Regular lrleeting of luly 13, 2004. WT7'NFSS my hand and official seal this 10" day of Novemher, 2005 r ~ l~ _ Cliristinc Bainbridge, Spokane Vall' i ey Ci Clerk (SEAl.) ,.O~p p9 G q~~r°;` • ~F~+L : 'NCORPORqTM ~o ~.Wrch 31 2~~i373 • ..:..••'ea d ~80Peoo~~o u9'''~ ' ' . . C 5432127 -~r. - Page: 5 c+f 7 CI1Y Of SPOKAI~E UALLEY ~It~O E38.00 SpoY~.neaCo,elfA22P CiTY O:H SPOKANF Vr1-LLEY SFQKr1NE COUNTY, VVASHll\°GTQN ORDINANCH' , NU. 04-019 AN OFtllIiYANCE OF T.FLF CT'I'Y UE' SPpKA.NE VALLEY, WASIili\`CTC?N, PRO«7711VG FOR TliE, VACATIOlV OF 15"' AVENUE NVEST pT' FiFTT1VIA.N ROAD ANT) M(UVIDING. FOR OTMER M.A`CrER,S FRQPEFtLY RELA7` ,I1iG T:EI-~•1tETO. tiV1-IT'RFAS, the City Couricil through EZesohition initiated the vacation of 15t° Avenue WesC of Bcttma.n Road by providi.nD Chat a hearing on the proposal t4 vacate the above street would be held beforc the Planning Commission on the 13th day of yiay, 2004 for the purposc of considering whether the vacation is in the public interest; W[-TrREAS, followiocy a hearing befoi-e the Planning Cornrnission, it has bcen found and determined that the vaealion of the abovc referenced street compties with City Ordinance 04-002, Sectian ll(SVMC Chapter 10.05) and inclufes one or morc oFthe follo«ring f.ndinss: (1) The ehange of use or vae<traon will senrc the public interest; (2) The Street or tllley is no longer required for public use or access; or (3) An alternative public way or private access would be m4re useful to the public ancl adjoining land owners; WE-IFREAS, the Planning Commission finclinss and/or minutes have been filect with the City Clcrk as part of the public record support:ing the vacation; WHERrAS, fiRy percent o#'the properey owners abutting the property to be vacated did not file a written objection to the praposed vacation wii:h the City Clerk; WHERFAS, t:broiigh ordinance the City shflll provide tliat tlie vaca[ed property be triuisferred to the abuttiriQ properiy qwners, one-hllf to each, unless circumsutnces require a clifferent division of property, thaC the zoning district designation of the properties acljoi.ning eae.h sicie of the stree.t shatl attach to the <<acated propert}; that a rccard of sun~ey shall be submitted to the lairector of Comrnuniey DevelopmenC and that all di.rect and indircct costs of title transfer to the vacated street bc ptiid by the proponent or recipienc of the transferrecl property; - WH.FFZ.FAS, the City Council pursuant to RCW Chapter 35.79 and City Ordinance Np. 04-002 (SZTMC Chaptcr 10.05) desires to vacate the abAVe street as set forl:h herein. NU\W, THT'REFOitE, the City Counci] of the City of $pokane Valley, Spoktine County, W<jshington, dA Urdaiin as follows: Section 1, rindines of Fact. The City Council makes the f'oUowing findings of fact: (1) the City f7epartnient of Public Works has reviewed the right-of-way io be vacated and determined that the property adjacent to the vacated property is otherwise servecl by public or private acccss; (2) a public hearing on the proposed vacation has been held in accordance wich State I,aw and City prdinance before the Planning Commission with the record of such hearing and proceedings loclged with the Cit}r Clerk; (3) awritten protesc has not bccn filed with the City Clerk by at leasc fifty percenc of the abutting property owners; and (4) vacation of the street or alley senres the public interest. . ~ . 5432127 Page: 6 aF 7 CI TY OF SF OKf~:'E ItALLEY acp ~8. gg1881c8d6 04 ~ 2rP Spokarie Go, 4!A . Section 2. Prooertv to be Vacated. Based upon the above findings and in accordance «=ith this ordinvice, che City Council cloes hereby vacate the street or alley described on the attached Exhibic "A" whict► is incorporated herein by reference. Section 3. 7oning. The Zoning designatian for the vacated property shall be the desi'nation at[aehed to the adjoiriing properties as set Cor[h within the respective propei-ty or lot lines. The Director of Community llevelopment is auchorized Co make [his notatian on the official z,oning map of the City. Sectinn A. Condiiions of Vzication. The following conclitions shall be f'ully satisfied prior to the transfer of t:itle by the City. I. A record of survey shall be submitted Co the City in accorctiince witli City Ordinance 04- 002, Section 16 (SVMC Chapt:er 10.05). 2. I'ees and Costs associiited wilh the transfer of title to the vacated propeity shall be paid by the recipient (or grantee) of such propeny. The fees and costs include all direct and indirect costs of Citle transfer to the vacated sCreet. 3. Unless othcrwise agreecl by the Director of Public Works, a reservatinn.in the forni of an easement providing for public u[ility services shall be madc in the vacated area. Section 5. Closine. following satis£ttction of the above conditinns, the City Clerk sh311 record a eertificd copy of t;his Urdinance in the office of tlie Cnunty Auditor and the City Manater is authUrized ko etiecute a11 necessiuy documents, includina a Quit Claim Caeed, in order to complete the transfcr nf the prnperty identified herein. Section 6. Severabililv. If atiy section, sentence, clause or phrase of this Ordinance shall be held to be invalicl or uneonstitutional by tt courl of competent jurisdiction, suctt invalidity or uncoristihitionality shall not aff'ect the valiclity or eonstitutiorrality of any ottier section, sentence, clause, or phrase of t:his ordinance. Section 7. Effective llate. This Ordinslnce sliall be in full force and efCect five (5) days aft-er publieation of this Orclinance or a summary thereof in the oftieial newspaper of the City oF Spokane Vallcy as provided Uy law. PASSED by the City Council t:his 13`h day of July, 2004. c vlichael DeVleming, Mayor } AT~., ~ C-lfristine Bainbridgc, City Clerk ~ Approvcd As To i: . P. risE:ell, Depu. ity Attorne Date of Publication: % j Effective Date: ~ 7 v ~ ' • . { _ 5432127 ~ Page: 7 of 7 03/08/2095 04:27P CITY Gf SPOKAhE UA!LEY ~~O $33,00 Spokane Co, WA k.a,uuIL --E,.. Propcrty nescripdon Street Vacation S7'V-01-04 1. That portion of I 5"' Avenue West of Beteman Roaci abutting Parcels No. 35243.1041 and Parcel No. 35243.1014, bein3 a pvicel of approximately 60 feet wide by 192.5 long for a total approsimate area of 11,550 square feet. 2. That portion nF 15"' Avenue West of Bettman Road abutting Parcels No. 35243.1048 and 1?arcel No. 35243.1027, being a parcel approximately 50 fee[ wide by 60 feet long f'or a total appeox.imate area of 3,000 square feet.