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5448834 Deed, Quit Claim Ah'1"ER R.ECQRDING KE7'UR' TQ: City Clerk 5444834 ~ , City of Spokane Vallcy 1611?I=006 64:03F 11707 East Sprague Avenue Suite 106 GuUEt`vli1ENT, CI1Y uF :.FiQGq QCD Q3.00 1jpC};zj-~E Ci,, ldR Spokanc Valley, WA 99206 faocument Title: Quic Claim Deed Grantor(s): City of Spnkane Valley, a vlunicipal Cnrportition Grantee(s): South 'l"erriice, LLC 12810 East Nora; Spokane Valley, 99216 Legal C)e5cription: Parcel: A portion of t)te S'/: of the SW '/e of Sec;tion 23, Township 25\', Rtinge 43E Assessor's Tax Parcel Number: 352.33.1614; 35233.2702; 35233.2703; 352332704 Iteferencc Number: .Auditor'S uocurnent No. 5435449, filecl Septernber I 4, 2006 QU1T CLAIM DEEU The Grantor, CI'fY UH SI'OKANE VALLEY, a municipal corporation, for and in consideration of'the O public beneliws, rcecived by Grantnr in returninc- the property to the tax rUlls, and Fwrsuant to the Ci1y Of µ Spokanc Valley Ordinance No. 05-019, which is incorporiitecl intu this cleed as fully set forth herein, vaeating ~ SAid property, conveys and quit clflims to the Grantee, South Terrace, LLC 12810 Easl Nora, Spokane Vfllley, N 99216, real property which is specifically described iri Auditor's Documenl No. 5435449; filed September 18, 0 Q 2006, is located in the County of Sno~kane, State of Washin*ton and is m4re specifically deseribedas follows: P• n '1'he East 150 Fcet of I 5'h Avenue lying between Blocks 16 and 27, as tle(licated on the plai of ~ 1UoodlAnd'("errace as recordeci in Book "I" of F'Iats, Page 16, 3nc1 fijrther described as follows: C~ f3eginning at the southeast corner of lot 12 of'said Bloch 16, a Iound rebar and cap; thence wescerly alqng ttle southerly boundary ot's.iid I3Iock 16 tor 150 feet, more Ur Icss, ti] the southwest corner of Lot 10 of said 131ock 16: thence south 60.00 feet to the norrthwest cojiier of Lot 3 of saicl Rlock 27; thence easterly alons; the rioMherly boundlr}r of said Block 27 for ~ 150.00 feet, more or less, to the northeast corner of Lot I of said Bloek 27; thence north along ~ the westerly, right-of-w1y line of'Chronicle Roacl for 60.00 f'eet to the point ot'beginnina. ~ Containing 9,000 square feet, more or less. O 0 Subject to reservation of all easements notcd on the sunre_y filed as Auditor's nocument No. 5435449, N filed Septembcr 18, 2006, or that may otllerwisc hurden the properiy. O 0 ~,u`,, The grantee is the owmer of I„ot 12, [31ock 16; as declicateci un the plat of Woodland 1'erracc, as l0 m tfl cr% 5448834 F y~'{e c ;i+ll7rc@Et• ~l4d.~F' GI]UERfJ11E}!L CITY l"!F SFUKA QCU $38.t10 simikit'ie Cco, !lA recorded in Book "I" qf Plats, page 16, and <is .imended b_y Qoundaiy Line ad,jusiment filed October 16, 2006, said property located to Ihe north of subject vacated praperfy; and the owmer of lots 1 t2 ancl 3, block 27, as dedicatecl on thc plat of Woodland "I'errace, as recorded in Book "1" of Plats, page 16, . said property located to the south of subject vZCated property, Title of this propcrty shall belong to the abut[ing property owners as iclentified above and pursuant to RC:1V 35.79.050. Taated .2006. ~ CITY OF SPOKANE VALLEl' ~ Ry: ~~.4 S~{?David Mercier, Citti~ vtsnflger • CdO =U= E, Al ;rrt_ • fidCORPO~{AT~D ~ ~ : Atarch 31 , 5~•.... NlNGi O 5448834 Pa~~r : .3 ut 7 16/13I2066 M4:63F $TATE OF WASH:INGTON ) CWEKNMEN1, tITY UF SFIrxA ' QCG V-8.fio tipc-};1jye Co, !!fl ) ss CC_)UNTY OF Spokane ) On this _J- 2 day of . 2006, before me; the undersigmecl, aNotar_y Public in and Forthe State o1'Wast►ington, duly commisslnecl ancl Swnrn, person111y appearecl, l:)avid Mercier, to me lanowri to be lhe CiCy Manager ofthe City ot'Snokane Valley, a municiptil corpuration ofthe State of Witshington, that eaeeut:ed the within and foregoing instrument, and acknowledged the said instrument: to be the free and voluntary act and deed ofsaid rliunicipal corporation for the uses and purposes lherein mentioned, and on oath stated that he Wtis authorized to execute said instrurnent, 3nd that the scal af't'ixed is the seal o1'the Cit:v of Spokane Vallcy- IN VVl`I'NN,SS WI-IrREOF, I hilVE f1CI'CUtItQ SQt Illy hand and afiixed rny seal the day and year fi►-st anove writtcn ~ ~ ~~M. B~Qj,yh~ L~10~1'r\RY PlJ13L]C in and or t State w QS101y' o1'Washington, residinb at ~ V:C.)~ ~.1oTqqY My commission expires: , m : Na.. pU8? IC ' . i~~'~~~0 8 2S .Q' •'G~O = tiii F InlASH~~~~~ 5448834 N,ta, 4 of 7 1HtI712Ndt 04:63F GOUERNh1ENT, i:fTY GF SFvkH XU $38.6~ Spok~,12 Cu: VA 1, Christine Bainbri(lge, City Clcrk for the City of Spokane Valley, Washington, da hereby certify that the attsched is a fi;ll, true, and_correct capy oF Ordinance Nb. 05-019, approved by the Spokane Valley City Council at its Regular June 14, 2005 Council meeting. W1'I"NESS my hand anci offici31 seal this 16"' day of October, 2006. ~~oecau~oi~~ , ~.`,~~.•D~pOq••FG ~ Chr-istine Bainbridge, Spokane Valley (~ity Clerk C~ '9j~•, ~ : ~ C.). rNC m : ~ • : %r~h 37, ~ 2003 ~ • •'',e1 .~y,NG.~p ~ Cl'1'Y OF SYOKANF VALLFY $POICINE COUN'I`Y, VVASHING:CON ORDTN"AnTCE NQ. 05-019 AN URUINA:IVCE O:H `l"HF CTTY (JF SPOKANE VAL11EY, SPQKA\"C COUNTY, WASH]NGTO\T, PRnVTD1N(: FQR THE VACATION OF APFROX:1N1A1ELY 150 FFF,T nF 15`b AVCNOE WES1 OF CARON[CT..r RnAD AN'll 1'ROVIDINC FQR OTHER 11'IA"1"1'L+"RS PROPFRi.,X RFLATINC THEKE, TU. WHEREAS, the City Council by Resolution 05-003 initiated vacation proceedings for approrimately 150 t`cet of 15"' Avenue Nvest of Chronicle Road. by nroviding that a hearing on the proposal would be held before the Planning Commission on the 28th day of April, 2005; and WHEFZEAS, the Plannirig Cornmission held a public hearing nn April 28,b, 2005 on die proposed vacation; ancl WHEIZEAS, following a hearing, the Planning Commission found that the notice and hearing rec{uirement,e of Title 10 Article 1X Section 10.09.04.10 of the Spokane Valley Municipal Code have been met, and furtlier found: dhat 1. The vacation of the streedalley will permit full dcvelopment of the properiy for beneficial u.ses and perrnit appropriate levels of mainlenartce, servirig the public interesC. 2. This norfinn of 15"' Avenue is no longer required for puhlic use or public access; 3. '1'he subsCitution of a netiv and different public way is neither necessary nor feasible. 4. The property is part nf an existing resiclcntial development and it is unlikcly t1iat conditions will change in the fi►t«re to provide a g*reater usc or need than presently exists; tind . _ 1VHFR.l--,AS, the F'lanning Commission finditigs andlor minutes have been filed wikh the City Clerk as part of the public record suppor[ing the vacation; WH.EREFAS, fifly percent of the prnperty owricrs abutting the property to be vacatecl did not file a written objection to the proposed vacation with the City Clerlc; WT-I:FRFAS, through ordinance the City shall provide that the vacated property be cransferred to the abutting property n~vmers, one:-half to each, unless circumstanees requirc a different division oF property, that the zoning district designation of the properties adjoining each side of the street shall attach to the vacated property; thal a rccorci of survey shnll be submittetl to the Directnr of Community 17evelopment and that all direct and indirec;t costs of title Iransfer to the vacated streel be paid by die proponent or reciPient pf the transfcrred properfy; . Wi-MREAS, the City Council pursuant Co KC;W Cltapter 35.79 and Title IU t\rticle TX Section 10.09.04.10 of the Spokane Vallcy 1Vluejicipal Code desires to vacate the above street as set forth herein. NOW, THEKEFORE, the Cily Council of die City of Spokane VaUey, Spokane County, VVashington, do ordain a,s follows: Secdon 1. Findines oPFaet, TMe City Council makes the follnwins findings of fact: (1) the City Deparlment of Public Worlcs Iias rcviewed the right-of-way to be vacatcd and determined thaf the property adjacent fo the vacatcd property is othenvise served by public or private access; (2) a public hearing on the proposed vacation has been held in accordance with State I.aw and City Qrdinance before the Planning Commissinn with the record of such hearincy and proceedings lodged with the City Clerk; (3) awritten protest has not been filed with the City Clerk by at least fili:y percent of the abutting property owners; and (4) vaeation of the street or alley serves the public interest. 544F3834 F:;a:~r ~ 5 oF 7 Ordinance 05-019Woodlawn Tcrraoc Vacation 60VEkfitIFPIT, t:ITY UF SPl11:R Ol'.D t33.N0 tip' L-};;tie~Co,Nl R«~~ ( ( Section 2. Pmnertv to be Vacated. Based upon the above findings and in accordance with this ordinance, the City Couneil does hereby vacate the strcet or alley described on the attached rxhibit "A" which is incorpornted herein by referenec. Section 3. Zoning. Thc 7oning designation for the vacated properCy shall be the desigma[ion attached to the adjoining properties as set farCh within the respective propcrty or lot lines. The Director of Community Developrnent is authorized to make this notation on the ofiricial 70ning map of the City. Seclion 4. Conditions of Vtication. The following c;onditions shall be fully satisfied prior to the transfer of title by the City. a) A record af survey preparecl by a registered surveynr in the State of Washinbton and . including an exaet metes and bounds legal description and specifying if applicable any znd all easements for construction, repair and rnaintenance of e:cisting and future ulilikies and services. the record of survey shall contain the professional stamp and sigmaturc ofthe regislerut surveyror and should be f led upon completion wit:h the SpokF►ne Count}' Auditor. The sarveydr shall provide the City of SpokYne Valley with a mylar copy of the recor(led . survey ajid the Auditor's T)ocurnent Number and date of eecordation; and b) Placement caf at least rivo monuments ort the centerline of the vacated right-of-way with one loc;ated at the intersection of the centerline af the vacatecl right-of-way with each street or right-of wtiy in accoedance with the stiuidards established by the SPokarie Counly Stundrrrds for Road arzd Se~ver Con.rtruction; and c) Payment of all direct and indirect cosfs of tille transfer of the vacated street or alley frorn public tn privafe ownership including but riot lirnited to title company charges, c;opyino fees, and recording fees; and Section 5. ClosinL,. Following satisfaction oF t}ie above conditions, the Gity Clerk shall record a certifed eopy of'this Qrdinance in the of~ice of the County Auditor and the City Manager is authorized to execute all necessary clocuments, including a Quit Claitn Deed, in order to complete the trtinsfer of the property identifed herein. Seetion 6. Severabilitv. If any section, sentence, clause or phrase of lhis Ordinance shall be held to be invalid or unconstitutional by a court of cnmpelent jarisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, senlence, elause or phrase of this ordinance. Section 7. Effective Date. °1 his Ordinance shall be in fiill force and effect five (S) days aRer publication of lhis Ordinance or a summiuy Ihereof in the official newspaper nf the Cily of Spokane Valley as provided by law. . PASSEI7 by the City Council this 14'' ciay of Junc, 2005. A -rqr ..CS • Mayor, Diana \NilliiCe Gity Clerk, Ch.ristine Bainbridge ~ Appruved T~ orm: 544f3a34 Fac:r' ~ F ~f i DePu Attorne , a P. Driskcll GirU~EiNh1ENT, '•ITY GF c.~Ft4~~1 Qj;[i g~,~; ' ~r~ 1,Ea%l3ic006 G~-~3F tY Y ' ~ " Datc of Public.ation: --2 l/- d._§'' -69 Effectivc Taate: Ordinance 05-019 «'oodlawn Terrflce Vaca4ion Page 2 of3 Fxhibit "A" Property De_ccription BL-1-1_1 t.-I i i L-i..._ R 3.~ ~ ~ ~ 5a) . ~ 3h - - - - - - ~r Won ~ w -UR- 64 4-- nRa~ ~ . ; ~ r ~ _ - ~ _ . • 00 544E3834 Fage 7 tt 3 619JEtiPIF1ENT, CITY GF &KIKA 1N/9342,0N6 +.ok,ne L'o, UN Ordinxncc 05-019 Wuodlawn "ferraace Vacacion, • Psge 3 of 3