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19-155.00 Circle M Family Properties: University Rd License Agreement 1-166 19 008Ol : 'Ps AMR ° ng Fee E0.50 or 8 6850971 Agreement PATRICK J MICHIELLI Spokane County Washington 1111I11(11111111III!1111111111111111111111111111111111111111111!I11111111t1 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: • Patrick J Michielli 4107 E Broadway Ave Spokane WA 99202 SPACE ABOVE FOR RECORDING ONLY Document Title: Non-Exclusive License Agreement Grantor(s): City of Spokane Valley,a Municipal Corporation Grantee: Circle M Family Properties, LLC 2123 North Pines Spokane Valley, WA 99216 Legal Description: A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 8, AND THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9,ALL IN TOWNSHIP 25 NORTH, RANGE 44 EAST, W.M., CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, FURTHER DESCRIBED AS SET FORTH IN SECTION 1 BELOW AND AS SHOWN IN EXHIBIT 1. Assessor's Tax Parcel Number: ROW south of Interstate-90, east of tax parcel of 45084.0401 and west of tax parcel45093.1519 Reference Number: BLD-2019-0896 and EGR-2018-0084; STV-2019-0002 NON—EXCLUSIVE LICENSE AGREEMENT • For mutually valuable consideration accruing to both parties, the City of Spokane Valley ("City")hereby grants to Circle M Family Properties,LLC("Circle M"),a non-exclusive License to use the City property("Premises")described in SECTION 1,below. Page 1 of 6 6850971 Page 2 of 8 10/08/2019 11:33:23 AM SECTION 1 —DESCRIPTION The Premises subject to this License is that portion of unimproved University Road running 225.49 feet south of Interstate-90,as measured on the eastern edge of University Road,and which lies east of tax parcel of 45084.0401 and west of tax parcel 45093.1519. The area is approximately 12,926 square feet and is shown on Exhibit 1, which is attached hereto and incorporated by reference herein. The legal description for the subject property is as follows: A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 8,AND THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER • OF SECTION 9, ALL IN TOWNSHIP 25 NORTH,RANGE 44 EAST, W.M., CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, FURTHER DESCRIBED AS FOLLOWS: BEGINNING AT THE NE CORNER TRACT C PER THE FINAL PLAT OF UNIVERSITY VIEW ESTATES AS RECORDED IN BOOK 32, PAGE 11; THENCE EAST,ALONG THE EASTERLY EXTENSION OF THE NORTHLINE THEREOF, 14' • TO THE EAST RIGHT OF WAY OF UNIVERSITY ROAD; THENCE NORTHERLY, ALONG THE WEST RIGHT OF WAY OF SAID UNIVERSITY ROAD, 123.60',MORE OR LESS, TO THE SOUTH RIGHT OF WAY OF INTERSTATE 90; THENCE EASTERLY, ALONG A NON-TANGENT CURVE TO THE RIGHT, HAVING A LENGTH OF 50.34', A RADIUS OF 11,360.00', A CHORD DISTANCE OF 50.34', AND A CHORD BEARING OF S 83°18'00" E, TO THE EAST RIGHT OF WAY OF SAID UNIVERSITY ROAD; THENCE SOUTH, ALONG SAID EAST RIGHT OF WAY, 225.49'; THENCE WEST, AT RIGHT ANGLES TO SAID EAST RIGHT OF WAY, 64.00' TO THE WEST RIGHT OF WAY OF SAID UNIVERSITY ROAD; THENCE NORTH,ALONG THE WEST LINE THEREOF, 107.43' TO THE POINT OF BEGINNING. SECTION 2 -PURPOSE The City hereby grants to Circle M a License to use the Premises for the purpose of operating a landscaping supply business, which shall include installation and maintenance of any related necessary improvements except for permanent or semi-permanent structures, which shall be prohibited. No other uses are permitted under this License. SECTION 3 -TERM This License shall commence on the effective date of the street vacation set forth in STV- 2019-0002,and shall run for a maximum period of 10 years. This License is subject to the rights of any other person or entity with any pre-existing interest in the subject property,including utility providers. This License is subject to an additional five-year extension, subject to City Manager or designee approval,which shall not be unreasonably withheld. Circle M shall notify the City of its desire for the extension in writing during the last year of this License, but no fewer than 180 days prior to the expiration of this License. The City shall review the request and provide a response granting extension or denying extension within 90 days of Circle M's request. Page 2 of 6 6850971 Page 3 of 8 10/08/2019 11:33:23 AM SECTION 4 - CONDITIONS A. Any improvement proposed for construction and/or operation in the Premises shall be subject to review and approval as if it were an improvement subject to all applicable permitting requirements by the City, whether it actually is or not. B. Upon termination as set forth in Section 8,all business operations shall cease. Further, upon termination,all improvements shall be removed within the time period specified in the notice of termination at the expense of Circle M. C. Circle M shall only utilize the property subject to this License,and may not expand the nature or scope of this License without prior written approval of the City. D. Circle M shall be solely responsible for all business operations and maintenance and repair of improvements placed on the Premises. E. Circle M shall use the Premises in a manner that does not violate any applicable laws and regulations of any state,federal;or municipal entity. F. Circle M shall pay the City an annual license fee of$100.00("License Fee"). The first fee shall be paid concurrently with execution of this License,and annually thereafter on or before September 30 of each year. Payment shall be required regardless of any invoice or notice or lack thereof from the City. In the event of nonpayment,the City shall charge interest at the maximum amount allowed by law and may use any lawful means to collect such payment. Failure to pay within six months shall be grounds for immediate termination of this license. SECTION 5—LIABILITY AND INDEMNIFICATION Circle M shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with activities or operations performed by Circle M or on its behalf out of issuance of this License, except for injuries and damages caused by the sole negligence or willful misconduct of the City. Should a court of competent jurisdiction determine that RCW 4.24.115 applies to this License, then Circle M agrees to defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless to the maximum extent permitted thereunder. It is further specifically and expressly understood that the indemnification provided herein constitutes Circle M's waiver of immunity under Industrial Insurance,Title 51 RCW,solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this License. SECTION 6—INSURANCE • Circle M shall procure and maintain for the duration of the License, insurance against claims for injuries to persons or damage to property which may arise from or in connection with operations or activities performed by or on Circle M's behalf with the issuance of this License. Circle M's maintenance of insurance as required by this License shall not be construed to limit the Page 3 of 6 6850971 Page 4 of 8 10/08/2019 11:33:23 AM liability of Circle M to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. Circle M shall obtain insurance of the types and coverage described below: 1. Commercial General Liability insurance shall be at least as broad as Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover liability arising from operations and stop-gap liability. There shall be no exclusion for liability arising from explosion,collapse or underground property damage. The City shall be named as an additional insured under Circle M's Commercial General Liability insurance policy using ISO Additional Insured-State or Political Subdivisions-Permits CG 2012 or a substitute endorsement providing at least as broad coverage. • • 2. Automobile Liability insurance covering all owned, non-owned,hired and leased vehicles. Coverage shall be at least as broad as Insurance Services Office(ISO)form CA 00 01. Minimum Amounts of Insurance Circle M shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than$1,000,000 each occurrence,and a$2,000,000 for general aggregate limit. 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of$1,000,000 per accident. Circle M's Commercial General Liability insurance policy or policies are to contain, or be endorsed to contain that they shall be primary insurance as respect the City. Any insurance, self- insurance, or self-insured pool coverage maintained by the City shall be excess of Circle M's insurance and shall not contribute with it. Circle M shall furnish the City with original certificates and a copy of the amendatory endorsements, including the additional insured endorsement, evidencing the insurance requirements of Circle M before issuance of the License. Circle M shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. If Circle M maintains higher insurance limits than the minimums shown above,the City shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by Circle M, irrespective of whether such limits maintained by Circle M are greater than those required by this License or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by Circle M. SECTION 7—MODIFICATION No modification of this License may be made without prior written approval of the City. Upon such an event,Circle M shall be given reasonable notice of the modification and a reasonable time to comply with the new terms and/or provide the City with written notice of termination pursuant to SECTION 8,below. Page 4 of 6 6850971 Page 5 of 8 10/08/2019 11:33:23 AM SECTION 8—TERMINATION A. University Road Project. The Parties agree that in the future, it may be desirable for the City to participate or allow a project to extend University Road over Interstate-90, or some variation on such project,including but not limited to a pedestrian overpass. In the event that such project occurs, whether by the City or any other agency or entity, the City has the sole right to terminate this License by providing at least 90 days' written notice to Circle M. The City agrees that if it constructs the project, it shall use good faith efforts to design and develop a project that allows for continued operation by Circle M, provided however,the City shall have no obligation to ensure such continuation of operations, nor shall it be required to do so where the design accommodation would increase the cost of the project. The notice of termination shall include a timeline for ceasing business operations and removing any installed improvements. B. Other. Except as otherwise provided herein, the Parties may agree to terminate this License upon mutually agreeable terms. The City may terminate this License for material non- compliance with the terms herein upon 180 days advance notice, unless emergency conditions exist which require immediate termination. The notice of termination shall include a timeline for ceasing business operations and removing any installed improvements. [Remainder of Page Intentionally Left Blank] Page 5 of 6 6850971 Page 6 of 8 10/08/2019 11:33:23 AM DATED this 2 day of O Gto 6-e f,2019. GRANTOR: ATTEST City of Spokane Valley i hristine Bainbridge, City Cler By. ^ ( 11k __ . M Calhoun, City Manager GRANTEE: • ACCEPTANCE OF LICENSE AGREEMENT Circle M F . rope es, LC —744V , • Signa • �Q I By: !dtIL/C 44 /% ____As4- Title and entity signing on behalf of STATE OF Y\J -dki Y •kunn ) ) COUNTY OF ) On this 1 day of OC f- , 2019, before me the undersigned officer, personally appeared i ck 4 . ‘,A i C1/\;1 cuA , known tok me (or satisfactorily proven) to be the person whose name is subscribed as the R of CIRCLE M FAMILY PROPERTIES, LLC,and acknowledged that he/she;as such Officer,being authorized so to do, executed the foregoing instrument as the act of his/her-principal for the purposes therein contained,by signing the name of the said CIRCLE M FAMILY PROPERTIES, LLC,by himself/herself as . rii" . %•\‘��""%i i� r �. E P MEp0►►►►I iClirt,OTARN% I a „,. s c� i NOT B i N.►�' '&806 2 I -,; 4..Z, e... 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I J o t),%/ "0' W ! �5z �lb Zasi....iii< W 0) C — t �s Z o CT 4t a I CD m b Nam)- o vti Ei ~ I m°Ym a o I 0 to qO w ii 1- - I lk 1W-3 j w ►n W 7WW Q I O 1-4 5 o to — a oo'W in aoa 6850971 Page 8 of 8 10/08/2019 11:33:23 AM A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 8,AND THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9,ALL IN TOWNSHIP 25 NORTH, RANGE 44 EAST,W.M.,CITY OF SPOKANE VALLEY,SPOKANE COUNTY,WASHINGTON,FURTHER DESCRIBED AS FOLLOWS: BEGINNING AT THE NE CORNER TRACT C PER THE FINAL PLAT OF UNIVERSITY VIEW ESTATES AS RECORDED IN BOOK 32,PAGE 11;THENCE EAST,ALONG THE EASTERLY EXTENSION OF THE NORTHLINE THEREOF,14'TO THE EAST RIGHT OF WAY OF UNIVERSITY ROAD;THENCE NORTHERLY,ALONG THE WEST RIGHT OF WAY OF SAID UNIVERSITY ROAD,123.60',MORE OR LESS,TO THE SOUTH RIGHT OF WAY OF INTERSTATE 90;THENCE EASTERLY,ALONG A NON-TANGENT CURVE TO THE RIGHT, HAVING A LENGTH OF 50.34',A RADIUS OF 11,360.00',A CHORD DISTANCE OF 50.34',AND A CHORD BEARING OF S 83'18'0O' E,TO THE EAST RIGHT OF WAY OF SAID UNIVERSITY ROAD;THENCE SOUTH,ALONG SAID EAST RIGHT OF WAY,225.49';THENCE WEST,AT RIGHT ANGLES TO SAID EAST RIGHT OF WAY,64.00'TO THE WEST RIGHT OF WAY OF SAID UNIVERSITY ROAD;THENCE NORTH,ALONG THE WEST LINE THEREOF,107.43'TO THE POINT OF BEGINNING. . I 12/18/2019 03:52:40 PM 6875346 Recording Fee 5108 50 Page 1 of 6 Ordinance GOVERNMENT, CITY OF SPOKANE VALLEY Spokane County Washington IIII01.II111 III 114//11111 1111111 RETURN ADDRESS: City Clerk City of Spokane Valley 10210 East Sprague Avenue Spokane Valley, WA 99206 Street Vacation Ordinance Corer Sheet Document Title: Ordinance No. 19-010— Street Vacation Number(s)of Related Documents: STV-2019-0002 (Street Vacation)Record of Survey Grantor: City of Spokane Valley Grantee(s): Circle M Family Properties, LLC Legal Description: SW Quarter of the SW Quarter Section 9 Township 25 Range 44 (See attached proposed legal description) All Assessor's Tax Parcel ID Number(s): 45093.1519 I, Christine Bainbridge, City Clerk for the City of Spokane Valley,Washington,do hereby certify that the attached is a full, true, and correct copy of Ordinance 19-010 approved by the Spokane Valley City Council at the July 23, 2019, Council meeting. WITNESS my hand and official seal this 6th day of August, 2019. istine Bainbridge, Spokane Val y City Clerk _\\0,k1{ll IIiI1!////1 c.Q°Kq....:��i� _ °=aPPOR• ''L�' (SEAL)`= •`'SEAL ram" INCORPORATED March 31,2003 icily'•• . •'• � . 9 CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 19-010 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY WASHINGTON, PROVIDING FOR A RIGHT-OF-WAY VACATION OF APPROXIMATELY.41,022 SQUARE FEET OF BALDWIN AVENUE AND GLENN ROAD WHICH BISECTS PARCEL 45093.1519 AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO. WHEREAS, on March 8, 2019, a completed application for vacation was filed requesting the vacation of Baldwin Avenue approximately 40,144 square feet, University Road approximately 12,926 square feet,and Glenn Road approximately 878 square feet; and WHEREAS, on April 9, 2019, the City Council by Resolution 19-007 set a public hearing date for May 23,2019 with the Planning Commission;and WHEREAS,on May 23,2019,the Planning Commission held a public hearing;and WHEREAS, following the hearing, the Planning Commission found that the notice and hearing requirements of Spokane Valley Municipal Code(SVMC)22.140.020 had been met; and WHEREAS, the Planning Commission findings and minutes have been filed with the City Clerk as part of the public record supporting the vacation;and WHEREAS, none of the property owners abutting the property to be vacated filed a written objection to the proposed vacation with the City Clerk; and WHEREAS, pursuant to chapter 22.140 SVMC, upon vacation of the road, the City shall transfer the vacated property to abutting property owners, the zoning district designation of the properties adjoining the street shah attach to the vacated property,a record of survey shall be submitted to the City, and all direct and indirect costs of title transfer to the vacated street shall be paid by the proponent or recipient of the transferred property. In this particular case, the vacated property shall be transferred to parcel 45093.1519;and WHEREAS, the City Council desires to vacate the above street pursuant to chapter 22.140 SVMC. NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington,do ordain as follows: Section 1. Findings of Fact. The City Council makes the following findings of fact: 1. The area proposed to be vacated is unimproved and no utilities are located within the right- of-way. However, Spokane County Environmental Services requested an easement for sanitary sewer. The applicant stated in the application materials that an ingress/egress easement would be created to provide future access to parcel 45093.2401. The vacation of Baldwin Avenue and Glenn Road is expected to have no impact on the general public as surrounding parcels currently do not use the right-of-way for access. However, the vacation of University Road has potential to impact the general public. Therefore, staff recommends the City retain the University Road right-of-way for projects that are unforeseen at this time. 2. The subject right-of-way is unimproved and not being utilized for public access, The site is bordered by Interstate 90 to the north which provides no reasonable means of connection for Baldwin Avenue and Glenn Road. However, University Road right-of-way could provide potential future public benefit if a pedestrian or vehicle access crossing was ever proposed. There is no need for a new and different public way around the subject ROW. So long as access to the drywell for maintenance is provided,the public interest is served. 1 3. Public access is not needed in this area because no properties currently utilize the right-of- way for access and the majority of ownership along the unimproved right-of-way is owned by Circle M Family Properties. There is no need for a new and different public way. An ingress/egress access easement will be required to ensure access for parcel number 45093.2401. 4. Based on the comprehensive plan, it is not anticipated that changes will occur in the future that would require the use of the Baldwin Avenue or Glenn Road right-of-way for public access. However, University Road has potential to serve a greater purpose than currently exists. The right-of-way could provide future public benefit with a pedestrian or vehicle access overpass. 5. No objections or public comment was received. 6. The subject ROW bisects parcel 45093.1519 and title shall vest in that parcel. 7. Resolution 07-009 was adopted pursuant to RCW 35.79.030 to set the City's policy for imposing vacation charges. Pursuant to Section 1 of Resolution 07-009: a. The cost for property received as a result of a vacation initiated by an adjacent property owner shall equal 50% of the appraised value of the vacated property received to the extent the cost exceeds the amount charged by the City of Spokane Valley to initiate the vacation process. i. The appraised value shall be the same as the value of an equivalent portion of property adjacent to the proposed vacation as established by Spokane County Assessor at the time the matter is considered by the City Council. ii. If the value of adjacent properties differs, than the average of the adjacent property values per square foot will be used. Based on the average assessed value of the adjacent properties, $5,127.75 is 50% of the assessed value.Therefore,$5,127.75 minus the$1,365 application fee equals$3,762.75. 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 or alley which is incorporated herein by reference,and legally described as follows: BALDWIN AVENUE VACATION A STRIP OF LAND, 60 FEET IN WIDTH, BEING A PORTION OF BALDWIN AVENUE AS DEDICATED BY THE PLAT OF SULLIVAN ADDITION AS RECORDED IN VOLUME "K" OF PLATS, PAGE 47, RECORDS OF SPOKANE COUNTY, WASHINGTON, (SAID BALDWIN AVENUE DEPICTED AS INDIANA AVENUE ON SAID PLAT); LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 25 NORTH, RANGE 44 EAST, WM., CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WA; SAID STRIP BEING BOUND ON THE WEST BY THE EAST RIGHT OF WAY OF UNIVERSITY ROAD (SANDS ROAD PER SAID PLAT);AND BOUND ON THE EAST BY THE WEST RIGHT OF WAY OF GLENN ROAD (PATRICK STREET PER SAID PLAT). GLENN ROAD VACATION A STRIP OF LAND, 60 FEET W WIDTH, BEING A PORTION OF GLENN ROAD AS DEDICATED BY THE PLAT OF SULLIVAN ADDITION AS RECORDED IN VOLUME "K" OF PLATS, PAGE 47, RECORDS OF SPOKANE COUNTY, WASHINGTON (SAID GLENN AVENUE DEPICTED AS PATRICK STREET ON MID PLAT); LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 25 NORTH, RANGE 44 EAST, W M., CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WA; SAID STRIP BEING BOUND ON THE SOUTH BY THE SOUTH RIGHT OF WAY OF BALDWIN AVENUE (INDIANA AVENUE PER SAID PLAT); AND BOUND ON THE NORTH BY THE SOUTH RIGHT OF WAY OF INTERSTATE 90. . Section 3. Division of Property to be Vacated. Pursuant to RCW 35.79.040 and SVMC 22.140.040(C),the vacated portion of the street or alley shall belong to the abutting property owners,one- half to each, unless factual circumstances otherwise dictate a different division and distribution of the street or alley to be vacated. In this particular instance a different division and distribution of the vacated property is necessary. The property to be vacated bisects parcel 45093.1519 which requires that the entirety of the vacated property belong to that single parcel. The completion of the vacation shall be recorded in the record of survey which shall be created and recorded with Spokane County as required pursuant to SVMC 22.140.090. Section 4. Zoning. The zoning designation for the vacated property shall be the designation attached to the adjoining properties as set forth within the respective property or lot lines. The City Manager or designee is authorized to make this notation on the official Zoning Map of the City. Section 5. Conditions of Vacation. The following conditions shall be fully satisfied prior to the transfer of title by the City. I. Initial work to satisfy conditions of the street vacation (File No. STV-2019-0002), including all conditions below shall be submitted to the City for review within 90 days following the effective date of approval by the City Council. 2. The vacated property shall be transferred into the abutting parcel (45093.1519) as shown on the record of survey created and recorded with Spokane County Auditor's Office pursuant to condition 8. 3. The following easements shall be established. Submit the recording number on the record of survey and written documentation of the easement for City verification. a. All existing lots shall have access to a public street or existing driveway easement prior to finalization. Parcels shall be reconfigured through a boundary line adjustment or an easement shall be created to provide access to parcel 45093.2401. b. An easement acceptable to Spokane County Environmental Services for access to public sewer to serve parcel 45093.2401. If parcel 45093.2401 is consolidated with an adjacent parcel that has access to the sanitary sewer system,no easement is required. 4. Following the City Council's passage of the Ordinance approving the street vacation, a record of survey of the area to be vacated, prepared by a registered surveyor in the State of Washington, including an exact metes and bounds legal description, and specifying any and all applicable easements for construction, repair and maintenance of existing and future utilities and services, shall be submitted by the proponent to the City Manager or designee,for review. 5. The surveyor shall locate a monument at the intersection of the centerline of the vacated right-of-way with each street or right-of-way in accordance with the standards established by the Spokane Valley Street Standards. 6. All direct and indirect costs of title transfer of the vacated street from public to private ownership, including but not limited to, title company charges, copying fees, and recording fees shall be paid by the proponent. The City shall not and does not assume any financial responsibility for any direct or indirect costs for the transfer of title. 7. The zoning district designation of the properties adjoining the street to be vacated shall be automatically extended to the center of such vacation, and all area included in the vacation shall then and henceforth be subject to all regulations of the districts. The J , adopting Ordinance shall specify this zoning district extension inclusive of the applicable zoning district designations. 8. The record of survey and certified copy of the Ordinance shall be recorded by the City Clerk in the office of the Spokane County Auditor. 9. All conditions of City Council authorization shall be fully satisfied prior to any transfer of title by the City. 10. Payment in the amount of$3,762.75 shall be paid to the City by the property owner(s) requesting vacation. Section 6. Closing. Following satisfaction of the above conditions, the City Clerk shall record a certified copy of this Ordinance in the office of the County Auditor, and the City Manager is authorized to execute and finalize all necessary documents in order to complete the transfer of the property identified herein. Section 7. 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 not affect the validity or constitutionality of any other section,sentence,clause or phrase of this Ordinance. Section 8. Effective Date. This Ordinance shall be in full force and effect five 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 23n1 day of July, 2019. ATTES /ja { L.R. Higgitillar or hristine Bainbridge,City Clerk Approv• • To Form: 1 i Office o'the City Attorney Date of Publication: `p1 ' 091 Effective Date: y - 7 - ��)/99