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Ordinance 07-017 Amending Street Vacation to Shannon Ave e CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO.07-017 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, AMENDING ORDINANCE 07-012, SECTION 5(C), RELATING TO CONDITIONS OF VACATION FOR APPROXIMATELY 30 FEET WIDE BY 750 LINEAR FEET OF SHANNON AVENUE ABUTTING PARCEL NUMBERS 45103.0244, 45103.0245 and 45103.0203 AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO. WHEREAS, and the City Council passed Ordinance 07-012 on July 24, 2007, granting the application for vacation of a portion of Shannon Avenue; and WHEREAS, staff subsequently discovered that the conditions for vacation in Section 5(c) contained a scrivener's error, specifically in that it required construction of a road at specified dimensions that should not have been included. This amendment would remove two sentences so that the currently adopted standards would be applied at time of construction; and WHEREAS, the City Council desires to amend Ordinance 07-012 to remove the incorrect dimensional requirements from the vacation conditions. NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington,do ordain as follows: Section 1. Intent—The City of Spokane Valley declares that the intent of this Ordinance is to amend Ordinance 07-012 to make it comply with adopted City Code requirements. Section 2. Ordinance 07-012 to be amended. Spokane Valley Ordinance 07-012, Section 5(c)shall be amended as follows: c) Dedication of the right-of-way and border easements for the continuation of Mansfield Avenue, which will cross the main parcels that front onto this portion of Shannon Avenue. Mansfield Avenue is to be constructed according to Collector Arterial standards, matching the section of the existing Mansfield Avenue to the east. This requires 54 feet of right-of-way dedication and 14 foot border easements on both sides. Section 3. Remainder Unchanged. The remaining portions of Ordinance 07-012 remain unchanged by this amendment. Section 4. Closing. Following satisfaction of the above conditions of vacation set forth in Ordinance 07-012, as amended by this Ordinance, the City Clerk shall record a certified copy of Ordinance 07-012 and of this Ordinance in the office of the County Auditor, and the City Manager is authorized to execute all necessary documents, including a Quit Claim Deed, in order to complete the transfer of the property identified herein. Section 5. 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 6. 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. Ordinance 07-017,Amending Ordinance 07-012 Page 1 of 2 PASSED by the City Council this 9th day of October,2007. 1 ATTEST. • Mayor,Diana Wilhite ify Clerk,Christine Bain I ridge Approved As To orm: Office of City Attorney Date of Publication: October 19,2007 Effective Date: October 24,2007 Ordinance 07-017,Amending Ordinance 07-012 Page 2 of 2