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5432128 Deed, Quit Claim . 5432128 AF"l`LR REC(7RDiNG RFTURNI TO: Page, 1 aE' 7 Cify Clerk 03/08t2098 04:27? Cit}, of Spokane Valley CITY OF SPOKANE URLLEY QCD 833.00 Spokane Co, WA 11707 E. Sprague Avenue Suite 106 Spokane Vallcy; WA 99206 Docurnent Title: Quit Claim Deed Grantor(s): . City of Spokane Valley, a Municipal Corporation Grantee(s): Bill Lawson, 202 East Trent Avenue #400, Spokane Valley, WA 99202 Legal Description: SW Quarter of Section 10, Township 25 North, Range 44 E, W.M. Assessor's Tax Parcel Number: 35173.0504, 35173.0408, 35173.0401 Reference Number: Auditor's Document No. 5276717, filed September 19, 2005. QUIT CLAIM DEED ~ 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: Q 0 THE GRANTEES, Bill Lawson, 202 East Trent Avenue #400, Spokane Valley, WA 99202; the real estate described In Auditor's Document No. 5276717, filed September 19, 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: THE PORTION OF SHANNON ROAD RIGHT OF WAY ADJOINING THE SOUTHERLY BOUNDARY OF LOTS 4, 5, 6, AND THE WEST HALF OF TRACT 7 OF ASSESSOR'S PLAT NO. 6, ACCRODING OT THE PLAT THEREOF RECORDED IN VOLUME "P" OF PLATS, PAGE 14, RECORDS OF SPOKANE COUNTY, WASHINGTON; LYING EASTERLY OF THE FOLLOWING ~a DESCRIBED LINE: COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT 4; v THENCE N86'11'21"E A DISTANCE OF 218.92 FEET TO THE DISTANCE FO 30.00 TO ITS o INTERSECTION WITH THE SOUTH LINE OF SAID RIGHT OF WAY AND TERMINUS OF THIS ~ LINE DESCRIPTION; CONTAINING 16,208.4 SQUARE FEET MORE OR LESS p This property is fransferred pursuant to Ciry of Spokane Valley Ordinance No. 05-022 which is ~ incorporated into this deed as if fully set forth herein, subject to reservation of all easements noted w on the attached survey (Auditor's Document No. 5276717) or that may othenivise burden the property. w ~ tq - . , 5432128 - Page: 2 0£ 7 93J08/2096 94:27P C1TY OF SPOYA£ UALLEY QCD 0.639 Spokane Co, U DA"1'LD this ciay ot'March; 2UUo. C1TY OF SPOK-ANF VA1 LCI' By: O~ A David Mercier, Ci ~ ager . . . 5432128 F'age : 3 of 7 STATE OF V1IASHINGTON ) CI1Y OF S?~0'KANE UfiLLEY atyj 4g so ~~~e$~~~~ 04~27P ~pokane Go, 4fA ) ss COUNTY OF Spokane On this __It_ day of ~l "e.W , 2000, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared, David iNercier, to me known to be the City Manager of the City of Spokane Valley, a municipal corporation of the State of Washington, that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said municipal corporation for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument, and that the seal affixed is the seal of the City of Spokane Valley. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and year first above written ~ I ' ^~~M~~' NOTA PUBLIC in and for the State of Washington, residing at SA-kA-.JA V" My commission expires: S- I- uu 5432128 PCAP' 4 ot I 7 09J0812688 04:2iP . CITY OF SPOKANE UAtIEY QC~D r-830 Spokane Co, WA 0 ~ ►~~~O~~ile ~ ..;00OValley 11707 E. Sprague Ave. . Suite 106 • Spokane Valley, WA 99206 (509) 921 -1000 • Fax(5o9)921-1008 • cityhall@spokanevalley.org 1, Chrisline Bainbridge, City Clcrk for the City of Spokane Valley, VVashington, do hercby cercify that the attachecl is a full, true, aad correct copy af Ordinance No. 05-022, approved by the Spokane Vallcy City Cottncil at its Regular iVleeting of July 12, 2005. WITNESS iny hand aricl nfficial seal this 10'h dtiy of November, 2005 ~ : 1 Ciristine B ainbridge, pokane Valley City 1'erk (SLAL) `,oa°s°°a8aet694 Sp O ~A~.~.° ~0 •v~ 6 R~~~ SEAL IiJCOitPOflEl7'FD : ~ D Myrch 31, 2C43 Z A p0 h1 ~+°~eaooaoo44~ • ' . c 5432128 ' pago: 5 Of 7 C1TY Of SPOKkNc UPLLEY QGp ,g 00 09/0$l2806 84=27P Si)okane Co, 6!A CITY OF SPUKA\TF VALLF:Y SPOKAN.C COITNTY, WASHiNGTON ORDINANCE NO. 05-022 AN O:RI)INANCE QF IHF CITY OF SPOICANE VALLEY, R'ASFtINGTUN, PR.OVID,111G FOR T.HE VACATTON 4F A PORTI01t OF SHANNO\T AVTNUE; EAST OF HOUK STREET A\TD iNORTli (7F THE UNiON PACIElC RA.T_LVVAY .l2ICHT-OF- «'AY ANll TNE ACCEPTANCE pF SUFFICiENT IZIGN'I-OF-VVAY Tp CONSTKUCT A CUL-DF-SAC SiTFFICT.ENI TO SERVE; PROPU\'T\TT'S UE•VF:LOPMTN'C; PRQVlUli\°G F012 nTHLK MAITERS P120PFt2LY RFJ.,ATING T.T_Tl'ItETQ. ' «'HEREAS, the City Council by Resolution 05-007 initiated vacatioia proceedi.ngs for aportion of Shannon Avenue ea.st of Mouk Street abutting Assessor Parcels Nos. 45103.0205; 45103.0206 and 45103.0208 and the Union Pacific Railroad right-of-way by praviding that a hearirig on the proposal woulcl be held beFoi-e the Plaining Commission on the 26th day of Vlay, 2005.; and 'WHBRrAS, the Planning Commissiori held a public hearinb on viay 26, 2005, continued until .Tune 9, 2005, on the proposed vacation; and WN.F.REAS, followin~ a hearin~, the Planning Commission found t}~at found the notice ttnd hearing requirements of Title 10 Article IX Section 10.09.04.10 af the Spokane Valley Munieipal Cotle }iave been met, and further found: that 1. The vacation of the streEt/alley will peririit fiill development nf the property for beneficial uscs; and 2. Shannon Avenue is no longer required for public use or public access; 3. The planned cscension of Mansfield Avenue, a new and different public way, provides a better substitute for the circulation and access of the area at full development; and 4. Adjaeent develapment and topography make it unlikely thae conditions will change in the tuture to provide a greater use or need than presently exist~s .f.'or Shannon Avenue; WHHREAS, the Pliunning Comrnission findings andlar minutes have been filccf with the City Gerk as part of the public rccord supporting the vacation; WHEREAS, fiRy percent of the property owners abutting the property to be vacated dicl not file a written objection Co the proposed vaea'tion with the City Clerk; WI-ILR,EAS, ttirough ordinance the City shall provide that the vacated property be trrtnsfen•ccl to the abutting prnperty owners, qne-half to each, unless circumstanccs require a different division of pronerty: that the zoning districC clesignstion ot the propertics adjoining each side of the street sMall attach to the vacated prqnerty; that a i-ecord of survey shall be submitted to the Director of CnmmuniCy Development and that all direct and indirect eosts of Citle transfer to the vacated sh-eet be paid by the propoaent or recipient of the transferred property; WHTREAS, the City Council pursuant to TZCW Chtipter 35.79 and Title 10 FUticle IX Section 10.09.04.10 ofthe Spokane Valley Municipal Code dcsi.res to vacate the iibove strEet as set fnrth herein. N'OW, '1"f-IEREFORE, the City Council oP the City of Spokanc Valley, Spokane County, . Washington, do ordain as follows: Sectian 1. Findinas of Fact. The City Counci] mal:es the following findings of fact: (1) the City DEpariment of 1''ublic Works has reviewed the right-of-way to be vacated and determined that the property adjacent to the vacated properl.y is othenvise served by public or privatc access; (2) a publie Ordinance 05-422, Vacating Porcion of Shlnntin and Union F'acific RR R0W Pagc 1 of 4 • • . 5432128 • Page : 6 c+t 1 CI PY OF SF`0~'<ANE Uk~LLEY QC~ r33, 00 Sp k~neOCo, 0~21F hearing on the proposed vacation ljas been held in aecordance wiih State Lawiuld City Ordin3nce before the Planning Comrnission wilh the recnrd of such hearing and proceedings loclged with the Ciry Clerk; (3) a written protest has not been filed with the City Clerk by al least fifty percent of the abuttinb propcrty owners; and (4) vacation of the street or alley ssrves the public interest. Section 2. Pronertv to be Vacated. }3ased upon the above finclings and in accordance with this ordinance, the City Counci] does hereby vacate the street or alley descrihed on the attachetl Ethibit "A" which is inc.orporated herein by reference. • SecNon 3. 7oninp. The 7oning de,,aignation for the vacated property shall be the designation atcciched to the adjoining properties as set fortli within the re.spective property or lot lines. 7'he Tairector of Community ]aevelopment is aulhnrized to makc this notat:ion on the offiaial zoning map aflhe City. • Setdon 4. Conditions of VacaCion. The following conciitions shall be fully satisfed prior to the transfee of title by the City. s) n record of survey Earepared by a recistered surveyor in the State of Washington and includirig an eaact metes and boun(ls legal description vid specifyirig if applicable any and all easements for conshvction; re.pair and maintenance of existing and fut«re utilities and services. `I'he recnrd of swvey shall contain the professional stamp and signature of the registerod surveyor and should be filed upon completiori with the Spokane County Auditor. ' The surveyor shall provide the City of Spokane Valley with a mylar copy of the recorded survey anci the Au(litor's Taocumerie Number and date of recordation; and U) Placeinenc of at: least hvo monuments on the centerline of the vacated right-of-way witlt one locate(t at the ineerseetion of the centcrline of the vaeaCed right-of-way with e<ich strcet or right-oF.-way in aecordance with the stanciards established by dhc ,Spokane Co:mry Srrnrclar•ds f~~r Xorrd (rrtd Se►ver Corrst.-uction,-and c.) lledication of sufFicient public right-of-way by the applieant f'or the construction of a cul-de- sac at the terminus of Houk Street at Shannon Avenue. Said right-of=way dcclication shall be approved by the Spakane Valley Department oCPublic Works, shall be submitted in the form of a deed and t:he dedication shall be iclentifiecl in the record of survey, and d) Payrnent of all direc:t iuid indirect eosts of Citle transfer of the vacated street or alley from public ta private ownership including but not limited to title company charges, c.opying fees, ancl recording fees. Section S. Closine. FnUowing satisfaction of tlie above conditions, the City Clerk shall record a certified copy of this .Ordinanee in the office of die County Auditor and the City Vtanager i5 authorized to exec;ute all ❑ecessary doeument.s, including a Quit Clairn Deed; in order to complete the transfer of the property iclentified herein. Secliou 6. Severabilitv. lf ariy section, sentence, clause or phrase of chis Qrdinance shall be helci to be invalid or unconstilutional by a eourt of competent jurisdictian, suc;h invalidity or LinconstitLitionality shall not affect die validity or constitueionalily of any odier section, sentence, clause oe phr<jse of this oi•dinance. Section 7. EfFective Date. This Ordinanee shall be in full force and eftect five (5) days after publication o{' ihis Ordinance ar asummary. there.of in the official newspaper of the City of Spokane Valley as provided by law. Ordinance 05-022; Vacating Portion of Shannon attd Unioti Facific !ZR RO1V Page 2 of 4 • ~ : 5432128 ~ • Page: 7 of i . GJ1Y OF SPt~KA~IE UPLIEY QCO $3~9.00 SpokaneOCo,0WA27P PASSED by the City Council tliis 12'~ day ofJuly, 2005. ATTF.,,ST: Mayor,l7iana Wilhite City Clerk, Christine Bainbridge Approved As To Farm: Deputy .ity Atto'rii'ey, Cary Driskell Dateofl'ublication: Effective llate: r) _ ,'112 - D ~ Ordinance 04-022, Vecating Portion of Sliannon ancl Union Pacific RR ROr,V Pagc 3 of 4