Ordinance 09-004 Amending Ordinance 08-028 Legal Description CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO.09-004
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY
WASHINGTON, AMENDING SECTION 2 OF ORDINANCE 08-028 AND EXHIBIT A
RELATING TO THE LEGAL DESCRIPTION FOR THE VACATION OF
APPROXIMATELY 390' IN LENGTH OF 5TH AVENUE ABUTTING PARCEL
NUMBERS 45231.1510, 45231.1511, 45231.1512, 45231.1519, 45231.1523 AND
45231.1524, AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING
THERETO.
WHEREAS, the City Council passed Ordinance 08-028 on December 9, 2008 which granted
Brent Elliott's request to vacate approximately 390' of 5th Avenue as described in Application file
#STV02-08; and
Whereas, the City of Spokane Valley staff noted an error in the legal description in section 2 of
the ordinance relating to the property to be vacated; and
Whereas, correcting the error will not change any values of the total amount due to the City for
the property to be vacated;and
Whereas, the City of Spokane Valley wishes to correct the error to avoid confusion regarding the
property to be vacated.
NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County,
Washington,do ordain amending ordinance 08-028 as follows:
Section 1. Section 2 of ordinance 08-028 shall be amended as follows:
Section 2. Property to be Vacated. Based upon the above findings and in accordance with this
Ordinance, the City Council does hereby vacate the street which is incorporated herein by reference, and
defined as follows:
That portion of 5th Avenue right-of-way located approximately 257' east of Progress Road and
approximately 233'west of Newer Street as depicted in Appendix A attached hereto and further
described as the south 20.00 feet of the north half and the north 20.00 feet of the south half of
Tract 135, Vera Addition, according to plat recorded in volume "0" of plats, page 30, Spokane
County, Washington; except any portion lying within the west 2/5th of said Tract 135; located in
the SE 1/4 of the NE % of Section23, Township 25 North, Range 44 East, Willamette Meridian,
Spokane County, Washington.
Section 2. Exhibit A of ordinance 08-028 shall be amended as is set forth in the attached amended
Exhibit A.
Section 3. All other provisions of Ordinance 08-028 shall remain in full force and effect.
Section 4. Severability. If any section, sentence, clause or phrase of this Ordinance shall be held to be
invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall
Ordinance#09-004 Amending Street Vacation Ordinance 08-028 Page 1 of 3
•
not affect the validity or constitutionality of any other section, sentence, clause or phrase of this
ordinance.
Section 5 . Effective Date. This Ordinance shall be in full force and effect five (5) days after
publication of this Ordinance or a summary thereof in the official newspaper of the City of Spokane
Valley as provided by law.
PASSED by the City Council this 10th day of March,,2109
•ail
rff
ATTEST:
Richard A - so ,Ma or/7.)4;ii
(16
Clerk, Christine Bainbridge
Approved As To Form:
‘,„4.1„teji
Office of thi City Attorney
Date of Publication: 3 -.019
Effective Date: 3 -,2 .-d�
Ordinance#09-004 Amending Street Vacation Ordinance 08-028 Page 2 of 3
Exhibit"A"
Property Description
That portion of 5th Avenue right-of-way located approximately 257' east of Progress Road and
approximately 233'west of Newer Street as depicted below;located in the SE 1/4 of the NE 1/4 of
Section23,Township 25 North, Range 44 East,Willamette Meridian, Spokane County,
Washington.
1 1
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awl'IS
itcri owl danirms2 LE31 Mel 45Z11 1212 45231 12W '''''"'""462/1 ar1211
4523126a8 452313307 452"31 2.111 4524 OW
.-..-.6 -.1___
. —..---" 1.___
45D1 2401 Ti
44731 1.522
I 4231 1$13 Portion of 5th Avenue to be
1 vacated
„sa,,5„, 45Z11 15E3 J i 1.401
I /52)1 1614
1
-..i T 1523 1
— 4501 2naii 4;212333
432111 1537
i — .h
5— Avenue
- — - C
452312531
1.
452312931
ammo I
45231 45:2
42312532
452112532
4523/1519,
:11i 45211?We
21 WM 45231 1512
4E1
45231 AS3) 452112513 162112103
el pi -
1 III 1231 1516 1
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III
+ 43231 Alm 4SW,4102 4521 14 001 45211 nal
1 arni.ant '1 "a 1
45231 0322 ami 004 45,211 Log 457I14166 01■10.011T1i 0 29
i 1
Ordinance 109-004 Amending Street Vacation Ordinance 08-028 Page 3 of 3