5522645 Deed, Right of Way: Shannon Ave, Ordinance 05-022 I
5522645
AFTER RECORDING RETURN TO: ritka;WJ F~ (NTE LU: ~
~ .~ci(] 1'1;?,r7t~ nt•-k..t-~ I:a, l•lA
City Clerk
City of Spokane Valley
11707 E. Sprague Avenue Suite 106
Spokane Valley, WA 99206
Document Title: Right of Way Deed
Grantor(s): River Rock Spokane, LLC, 202 E. Trent Avenue, #400, Spokane, WA 99202
Grantee: Government, City of Spokane Valley
. Legal Description: Parcel D, County Auditor's File Number 5276717 described by metes
and bounds below. 15'
Assessor's Tax Parcel Number(s): 45103.02*K, Paf-h&u ~feof .
Reference Number: Spokane Valley Ordinance No. 05-022
RIGHT OF WAY DEED
Grantor(s) River Rock Spokane LLC, for and in consideration of mutual benefits, grants
and conveys to the City of Spokane Valley a public right-of-way easement situated in the
City of Spokane Valley, the County of Spokane, and the State of Washington, to-wit:
Legal Description: Parcel "D":
Those portions of Tracts 4 and 5 of ASSESSOR'S PLAT No. 6, according to the plat
thereof recorded in Volume "P" of Plats, Page 14, records of Spokane County,
~ Washington; described as follows: Beginning at the Southwest corner of said Tract 4;
thence N02°38'48"W along the west line of said Tract 4, a distance of 16.01 feet; thence
~ N86°11'21°E a distance of 93.41 feet to the beginning of a curve concave to the north
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and having a radius of 27.50 feet; thence easterly along said curve, through a central
~ angle of 76°39'27° an arc distance of 36.79 feet to the beginning of a reverse curve
concave to the south and having a radius of 50.50 feet, through which point a radial line
bears S80°28'06"E; thence easterly along said curve, through a central angle of
w 196°59'09" an arc distance of 173.62 feet to its intersection with the South line of said
Tract 5; thencz S86011'21°VJ alcng the south line o-i said Tra::ts 4 and 5, a distance of
218.92 feet to the point of beginning. Containing 8,550.3 square feet more or less.
This easement is transferred pursuant to City of Spokane Valley Ordinance No. 05-022
which is incorporated into this deed as if fully set forth herein.
~ IN WITNESS WHEREOF, the undersi d has caused this instrument to be executed
0 on this '3 / day of C , 2005.
o Grantor
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5522645
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STAfE OF WASHINGT0N )
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COUNTY OF SPOKANE ) .
On this dr day of 0~~~~ , 2005, before me, the undersigned, a Notary
Public in and for thc State of VVashington, duly commissioned and sworn, personally
appeared, Chris R. Ashenbrener and Bill Lawson, the Members of River Rock Spokane,
LLC, that executed thc within and foregoing instrLunent, and acknowledged the said
instrument to be the frce and voluntary act and deed of said Limited Liability Company
for the uses and purposes thercin mentioned, and on oath stated that hc was authorized to
execute said instrument, and that the seal afGxed is the seal of said Nlotary Public.
1N WITNESS `VFIEREOF, I have hereunto set my hand aiid affixed my seal the day and
year first above wTritten.
NOTXRY PlTBV.IC in and for the State
Of Washington, residing at
1~cn~A ..2,~- My Commission expires:
'''OF ti1/A-`` .
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(509) 921-1000 • Fax (509) 921-1008 • cityhall@spokanevalley.
I, Christinc f3ainbridge, City Clerk for the City of Spakane Valley, Washington, do hereby certiify
that Uie attached is a full, true, ancl correct copy of Orclinance No. 05-022; approved by the Spokane
Valle}' City Council at ils Kegular Meeting of July 12, 2005.
1'JITNESS rny hand and official seal this 10 clay of November, 2005
. ~
wisl;ine Bainbridge, Sp{~cane Vallcy r~ lerk
(Sr A L)
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OItDTNAINCE Np. 05-022
AN ()F2DINAiVCF OF THF, CITY nF SPOICAiNF, VA1,LEY, WASI3ITiGT'ON,
PROV1D.TsvG FOR TF[.E VACATIQ\° OF A POR'I'ION OF SHAiYNON AVENT.TE EAST
Ok tIOUK STRLET AND \`URTH OF '1'HE UiYIQN 1'ACIF1C R.AI'LWAY RiGftT-OF-
WAY AND THE ACCFPTe1NCE OF SUFFIC:CENT 12IG13T-QF-WAY TO
C0NSTRUCT A CUL-DE-SAC SiTEFICIENT TO SERVE PROPOiNEV7''S
llEV1.LOPM:L1vT; YROVCDING FQR OTAE12 MATTFRS PROPERI,Y RELATING
T7TF;RETO.
, N'►rf-IEREAS, the City Council by Resolution 05-007 initi3ced vacation proceedings for a porlion
ofi Shannon Avenue east of 1-iouk Street abutting Assessor Parcels Nos. 45103.0205, 45103.0206 and
45103.0208 and the Union Yacifiic Railroad right-of-way by providino that a hearinb on the pmposal
would be hefd before the Planning Canmission on the 26th dsy of May, 2005.; a.nd
WHBEZ.E.AS, the Plaruling Commission held a public heziring on May 26, 2005, continued until
June 9, 2005, oii the proposed vaez►tion; and
WI-ITR.E,.4S, followiny a hearing, the Planning Commissinn found that found the notice and
hearing reyuireiiicnts of Title 10 Article IX SecCion 10.09.04.10 of the Spokane Valley Municipal Code
have been met, tuid fiirther found: thaC
1. 1"he vacation nf the streetlalley will permit full development oF the property for beneficial
uses; and
2. Stiannon Avenue is no longer required for puhlic u5e or public aceess;
3. The planned e:rtension of Mansfielci Avcnue; a new ancl different public way, provides a
better subsCitute for the circulation vid access otthe area at full development; and
4. Adjacent dcvelopment and topography make it unlikely that conditions will change in the
future to provide a~*reater use or need than presently exists for Shannon A.venue;
WHEREAS, the Planning Cocnmission findi.ngs andlor minutes have been filed with tlie City
Clerk as pau-t of the public rec.ord supporting the vacation; WHERFAS, fifty percent of the property owners abuttirlg the property to be vacated clid not file a
written objection to the pmposed vacation with the City Clerk;
1VHEI2EAS: througli ordinaclce the City shall provide that the vacatPd property be transferred to
the abutting property owners, one-half to c:acli, unless eircumsutnces requirc a difFerent clivisian of
properi_y, that ttie zoninn distriet designation of die properties adjoining each sicle of the sti•eet shall attzich
eo the vacated prbnerty; that a rccord of survey shall be submitted ta the Director of Cornmu.nity
Development and that all direct and indirect costs of Citle transfer lo the vacatecl streel be paid by the
proponent or recipient of the transferred property;
WI-IEREAS, the City Council pursuant to RCW Chapter 35.79 and Title 10 A.rticle T_X Section
10.09.04.10 of the Spokane Valley Municipal Code desires to vacate the abovc street as set forth herein.
NQW, "1'I-IL-REFORE, the City Council of the City of Spokane Valley, Spokane County, .
Washington, do ordain as follows:
' Section 1. rindinp-s of Fact. "I"he City Council makes the followiiin findings of fact: (1) the
City .Departtnent of Public Wa•ks has rcviewed the right-of-way to be vacated and deterniined that the
property adjacent to the vacated property is otherwise sen.-ed by public or private access; (2) a public
Qrclinance 05-022, Vacating Yortion of Shannon and Union Yacific RR it01V Page I of 4
5522645
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iIIF:AEE:0 f'iiINTE L!~-' ~411 Fc: 7.t?!.~ L, 4r'1b1,c~:~+A rii',f;'_'),.";y:. ltR
hearinn on the proposed vacation has been held in accordance widi St<ite I.aw and City Ordinance before
dlc Plannin;; Cqmmission with the record of such hearing ancl proceedings Indged with the City Clerk; (3)
a written protest has not becn filed with the City Cleri: by at least fifty percent of the abut[ing property
' owners; and (4) vacation of the street or alley serves the public interest.
Sectipn 2. Fronertv to be Vacated. 13ased upon the above findings and in accordancc with
this ordinanee, the City Council does hcreby vacate the street or alley described on the atUtched Exhibit
"A" which is iricorporated herein by rcfere►ice. Sectioii 3. 7oninp- The 7oning designation for the vacaced property shall be the desi~'nation
attached to the adjoining properties as set forch withi.n the respective property or lot lines. The .Director of
Community 17evelopment is authorized to make this not<ttion on the offcial zoning map of the City. Sectioii 4. Conditions of Vacation. 1'he following conditinns shall be fully salisfied prior to
the transFer of title by the City.
s) A record af survey prepared Uy a regisCered surveyor in the Statc of Washington ancl
including vn exact met:es and bounds legal description and specifying if applicable any and all
easernenrs for construction, repair and maintenance of existing and fiiture utilities and
services. The record oF survey sliall contain the professional stamp and signziture of the
re.gistered surveyor and should be filed upon completion witli the Spokane County Auclitor.
' The suivcynr shall provicle the City of Spakane Valley witli a mylar copy of the recorded
survey a.nd the AucliCor's Dacuiiient Number and date of recor(lation; and
b) Placement of at least hvo monuments on the centerline of the vacated right-of-way with one
located ai the inCersection of.' the ccnterline of the vacated right-of-way witli each street or
rijcght-of-way in aecordance wi111 the standards established by the Spokcn2e Courity Standar(ls -
for Roacl urrd Sewer Constf-uclion; snd
c) Dedication of sufficient public right-of-wiiy by the applicant for the construetion of a cul-de-
sac at the terrninus of Houk SCreet at Shannon Avenue. Said right-of=way dcclicatiori shall be
approved by the Spokane Valley Departinent of Fublic Works, shall be submitted in the form
' oF a deed and dle dedication shall be iclentifiecl in the record of survey; and
d) Payment of all direct and indirect costs of litle transfer of the vacated street or alley from
public to private ownership including but not limitecl to ticle company charges, copying fees,
and recording fecs.
Section S. Closina. T'ollowing satisf~►ction of the above condicions, the City Clerk shall
recQrd a certiFed capy of chis Ordinance in the of'fice of the County Auditor and'the City Manager is
authorized to exccute all necessary doc:umerit.ti, including a Quit Claim Deed, in order in complete the
transfer of the property identified herein.
Section 6. Severability. lf any section, sentence, cltiuse or pht•a.se of this Urdirrince sht►11 be
held to be invnlid or unconstitut:ional by a eourt of competent jiu-isdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of'any other section, sentence, clause or
plirase of this orditiance. Section 7. Effective Date, '['his Ordinance shall bc in full force and effect five (5).clays after
publieation of this Ordin3nce or a summary thereof in the oFficial newspaper of the City of Spokane
Valle.y as provided by law.
Ordinamcc 05-022, Vacating Nortion of Shannon tmd Uninn PaciGc RR ROW Page 2 of 4
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P.'1SSED by the City Council this 12t° day of July, 2005.
A'l7-i'CST: Mayor, Diana Wilhite
ity Clerk, Christme bainbridge
Approved As To Form:
T / .
Depu ty 'it,y At[omey, Cttry Driskell
Date of Publication:
Effective Date: Ordinancc 05-022, Vacating Portion af Sliannan and Union Pac't6c RR ROW • Page 3 of 4