HomeMy WebLinkAbout5415386 Deed, Bargain and Sale
A
Af:er recording return to: ~
~ '~.ity of Spokane Valley 5415386
11707 E. Sprague Avenue, Suite 106 page: 1 of 3
Spokane Valley, WA 99206 08tK12906 04:2sP
TRRNSNATdON, TITIE IN5 CO 0 $34.80 ;pokane Ca, WR
9ECE VED
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City of Spokane Valley
BARGAIN AND SALE DEED
ada4 ~b31o -3
THE GRANTOR(S) Spokane County, a municipal corporation
for and in consideration of Two Million Four Hundred Thousand and No/100 Dollars
($2,400,000.00), in hand paid, bargains, sells, and conveys to the City of Spokane
Valley\,. a municipal corporation the following described real estate, situated in the
County of Spokane, State of Washington: See, Exhibit "A" attached hereto and made
a part hereof.
Abbreviated LeQal: (Required if full legal not inserted above) Ptn West half of Tract 162
~ of Opportunity
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N Tax Parcel Number(s): 45222.0227
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BOARD OF COUNTY COMMISSIONERS
` o oF Co"OF SPOKANE, COUNTY, WASHINGTON
~oy, .
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T06 NiIELKE, Cha'
ATTEST: MARK RICHARD, Vice-Chair
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S, Commissioner
Daniela Erickson `L RRI
o Clerk of the Board 0
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C' Bargain and Sale Deed Page 1 of 3
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5415386
Fq= : 2 of ?
TRANSNATIC41, TITIE IPa~ CO D $'34.00 S,a~oYane0Co,~~WA2fiP
S7ATE OF WASHINGTON )
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County of Spokane ) On this~ day of , 2006, before me, the undersigned, a Notary
Public in and For thE State of Washing Wn,ly commissioned and sworn, personally appeared
TODD MIELKE, MARK RICHARD and PHILLYP D. HARRIS, to me known Co be the
Commissioners of the Board of County Commissioners of Spokane County, a municipal
corporation of the State of Washington, that executed the within and foregoing instrument,
and acknowledged the said instrument to be the free and voluntary act and deed of said
political subdivision, for the uses and purposes therein mentioned, and on oath stated that
he/she were authorized to execute said instrument, and that the seal affixed is the seal of
Spokane County.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day
and year first written above.
`0UtHtIIIHI/!I/,
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~~,.•~~NS1tiN..^.,?; c'''~~,,
~~•';..SSIO pTAkY PUBLId in and for the` State of
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Washington, residing at Spokane,
Norqq~ . : =
My commission expiresliMi 11~. L09
;i'►' °116l I C ~ .
,~.li~' "•'2 78 2d~ ;
wA'S~1~og
Bargain and Sale Deed Page 2 of 3
5415386~
• ' Fago: 3 Of ,i
-,Ad92/2no 04:26P
1RR;fATIOH, TITLE I~tS r-o D $34.00 SpoY,ane Co, WR
EXNtt31T "A"
THAT PORTION OF TRACT 162, OPPORTUNITY AS PER PLAT THEREOF RECORDED
IN VOLUME "K" OF PLATS, PAGE 20, DESCRIBED AS FOLLOWS:
BEGINNING AT THF NORTHWEST CORNER OF SAID Tr2ACT; THENCE NORTH
90000'00" EAST, ALONG THE NORTH LINE OF SAID TRACT, A DISTANCE OF 246.30
FEET TO THE EAST LINE OF THE WEST 10 FEET OF THE EAST HALF OF THE EAST
HALF OF THE WEST HALF OF SAID TRACT; THENCE SOUTH 00010'27" WEST,
ALONG SAID EAST LINE, A DISTANCE OF 428.00 FEET TO A LINE PARALLEL WITH
AND DISTANT SOUTHERLY 428.00 FEET, MEASURED AT RIGHT ANGLES, FROM
SAID NORTH LINE OF TRACT 162; THENCE NORTH 90000'00" WEST, ALONG SAID
PARALLEL LINE A DISTANCE OF 246.62 FEET TO THE WEST LINE OF SAID TRACT
162; THENCE NORTH 00013'00" EAST, ALONG SAID WEST LINE, A DISTANCE OF
428.00 FEET TO THE POINT OF BEGINNING;
SITUATE IN THE CITY OF SPOKANE VALLEY, COUNTY OF SPOKANE, STATE OF
WASHINGTON.
Bargain and Sale Deed Page 3 of 3
Order No.: 20248036
CONDITIONS AND STIPULATIONS (continued)
14. ARBITRATION
Ui,%!?SS'prohlbited by appHcable law, either the Company or the
insured may demand aYbkra[Ion pursuant Co the Tltle Insvrance
Arbitratlon Rules oP the Ameritsn ArbltraTion Assoclation_ Arbltrable
matters may include, bul are nat Iimited to any controversy or clafm
trebvicen the Company and tNe insured arising oui of ar relatlng to tfils
pollcy, sny service af the Conj{aany in conneclion with its issuance or the
breath ot' a policy provis3on or othcr obUgatioii. All arbitrable matters
tivhen the Amount of Snsurance is $1,000,000 or less shall be arbdtrared
at the option of efUier the Compary er tttic insured. All arbltrable
matxers tivhen che Amount ot Insuranre is in excess ot $1,000,000 shall
be arbilrated cnly when agreed lo by both tlie Company arrod the Insured.
Arbitration pursuant to this pollcy and uncier ttie Rules in effett on the
date the demanrl for arbitration is made or, at the optfon of the insured,
the Rules In effect at Date ot Policy shall be bindirig upon the parUes.
The 3ward may include zttorneys' EeeS onty if the laws af the state In
tivhich the land is located pei•mlt a couri Co award attorneys' tees to a
prevailing party. )udgment upon ►.he award rendered by the
ArbitraCOr(s) may bc eniered In any court having jurlsdlction thereof.
'I'he law oE the siCus of the IaisQ shall apply to an arbitratfen under
the Title insurance Arbitration Rules.
A copy of che Rules may be abCained from the Company upon
requesi.
15. LIABILITY IIMZTED TO THIS POLICY; POLICY ENTIRE
CONTRACT
(a) This poUcy [ogether witti all endorsements, tP any, attached
hereto by the Company is the entire policy and contrac[
bebveen the insured and the Company. ln interpreting any
provision of this policy, this policy shall be constrtied as a
whole.
(b) Any claim of loss or darnage, whether or not Gased on
negligence, and avhich ar9ses out of the sCatus of the title io
the esxa[e or Interest covered 'nereby ar by any ac4ion
asserting such claim, shall be reslricted [o this policy.
(c) tdo amendment of ar endorsement to chis policy can be made
excQpi by a writlnp endorsed hercon ar atfached hereto siyned
by either the President, a Vice Presltlent, the Secretary, an
as=,iscant SecreCary, or validating officer or avthorized
signatory of the Company.
16. SEVERABILI7Y
In the event any provision of the policy Is held Invalid ar
unenfarceable under applicable law, the policy shall Ge tleemsd rzoC to
indude that pravlsian and aII otlier provislons shall remain in hill force
and effect.
17. NOTICES, WHERE SENT
All notices required to be given the Company and any 54atement in
writin9 required to be fumished Uie Company shall include tne numbcr
of this policy and shall be addressecl to Consumer Affalm DepartmertiC,
lOt Gatevray Centre, Gatevray Une, Richmond, VA 23235-5153.
ALTA Owner's Policy 1992 (Revisetl 10/17/92)
Order Mo.: 20248036
CONDITIONS AND STIPULATIONS (continued)
(a) To Pay or 7ender Payment Of the Amoun[ of insurance untler (a) If the COmpany establishes the CitlC, or remOVes the alleged
, this policy tRgeiher with any eoSCS, attUrneys' fees and defett, Ilen or encumbrance, or cures the lack of z right af
expenses Incvrred by the insvred clalmant, whlch were access Co or from the land, ar cures the claim of
authori'tCd by the Company, up to the time of paymenc or unmarketability cf 29CIe, all as insured, in a reasonably ttiligert
eender of p,eyment and whlch the Compaiiy is abHgatetl to pay. manner by any mechod, inclutlirig Iitigation and the completion
Upon the exearise by the Company of thls option, all liab(lity af any appeals therefrom, it shall have fully periormed Its
and obligations to the insured under this policy, otner than Ca obligatlons vrith respea La that matter and shall n6c be Ifable
make the payment requfreti, sh311 lerminate, Induding any for any loss or damage caused thereby.
liabili4y or obligation to defend, prosecuCC, or con4inue any (b) !n the event of atiy IftigaCloii, includinp IiUgatfon by the
Iltlgalion, and the policy shali be surcendered to the Company Company or vrith cfie Company's cansenc, the Company shall
for cancellatlon. htfve na Ilabllity for loss or damage unt11 Chere has been a final
determination by a court of competent )urisdic4ien, and
(b) 7o Pay or OYhenvise Settle Wilh Pa►tles Other than the insured disposltfon cf all appeals therefrom, adverse co the tide as
or tiViCh the Insured Claimant. insurecf.
(I) to pay or ochenvise settle wiCh other pattles for or In the (c) 7he Ccmpany shall not be Ilable for loss or damafle to any
name of an insuretl claimant any claim Insured agalnst insured tor Iiabllity valuntarily assumed by Che insured in
under this policy, cogetlier with amy costs, attarneys' fees settling any daim or suit vrithaut the prior wrttten consent of
and expenses incurred by the Insured daimant vrhich the Compam/.
were au4horized by the Company tip tc the time ot 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION
payment and which the ComyTany is obligated to pay; or OF LIAB2LITV
(ii) to pay or aYhenvise settle vritii the Insured cl2imanC the All payments under Lhts polfcy, except pzyinenls made for casts,
lass or damage provicfed for under this pallcy, together attomeys' fees and expenses, shall reduce the amount of the Insurance
wfUi any costs, attbrneys' fees and expens°_s incurred by pro ranto.
the insured clalman[ vrhich vrere authorlied by the li. LIABILITY NONCUMULATIVE
Company up to the tirr►e of payment and vrhich the IC !s expressly undersload thac the amount oP Insurance under lhis
Company is obUgalecl to pay. policy shali be reduced by any amount the Company may ?ay under any
Upon the exerctse by the Company of either ot the oRtions provided pollcy fiisuring a morCyage to whicli exceptlon is laken in Schedule 8 or
for in paragr°aphs(b), (1) or (ii), the Compahy's obllgations co the Insured to wfiich the insured has agreeci, assurned, or iaken subjecf, o: which is
under this poliry for the claimed lass or damage, otlier than the hercafCer exetvCed by an Insured and tivhich is a charge or lien on the
paymenls requlred Co be made, shall terminate, fncluding any liability or estaCC or inCeresC described or referred to in Schedule A, and the amovitiC
obligaqon Co defend, prasecvte oi- continue any Iiilgalion. so paid c_hall be deerned a payment under this pollcy to Che Insured
7. DETERMINATION, EXTENT OF LIABILI7Y AND COINSURANCE pwner.
This policy is a contracE of intiemnity against actual monetary loss 12. PAYMENT OF LOSS
or damage sustained or incurred by the insured claimant who has (y) No p2yment shall be made withouf producing this policy for
suftered loss or cfamage by reasan of matters iruured against by this endomement of che,payment unless ifie polity has been last or
paltcy and only to the extent herein described. destroyed, (n which case proof of Ioss or destructlon shall be
(a) The Iiability of the Company under this policy shalt nat exceed ftirnistled to the saqs0action oF the Cornpany.
the least of: (b) When Ilabiliry and the exEent of loss or damage has been
(i) the AmOUnt of Insurance Sta[ed In Schedule A; or, dCfinitely Eixed in acrcrdance vrith ttiese CAnditioiiS and
(il) tlie cfifference between the v31ue of the insured estate or Stipulations, the loss or damage shall be payable vrlihln 30
interest as insured anG the value of the insured esl'aSe or days 2hereafCer.
inYerest subject to the defect, Ilen cr enaimbrance 13. SUBROGATION UPON PAYMENT OR SETTLEMENT
insured agalnst by this pollcV. (a) 'I'he Com~any's Rlghi of SubropaGon.
(b) In the event the l~mounl oF lnsurance staEed fn Sthecfule A at ~4~hene~~er the Company shall have settte6 and paid a claim under
the Date oP Policy [s less Chan 80 percent oF the value of the fhis pollcy, all right of subrogatlon shall vest In the Company unaftected
insured estate or interest or the full constderaUon pald for the by any 3ct of the insured claimant.
land, tivhichever Is less, or If subsequent to the Date ot Policy TFe Company shall be subrogated Co arod be entltled to all rights
an Improvement Is erecled on the land whicfi increaszs the and remedies Nrllich the Insured claimant vrould have hacl againsc any
value of the Insured esCate or InteresC by at least 20 percent pers,ph ar property in respec► to the claim had thls policy not been
over the Amount of Insvrance stated in Schedule A, then thls Issued. If cequeSted by the Comaany, the insured clalmant shall transfer
Policy is svbjed to the follov:(ng; co the Company all Nghts and remecties against any person or properCy
(i) vrnerc rso subsequent impravemeiit has been marlc as to neceSSary in order to perfect this righ[ of subrogatfon. The Insured
arty pariial loss, Che Company shall onty pay the Ioss pro claimanf 511a11 permlt the Compariy to sve, UJmpromiSe or Settle in ttt°
riil'a in the propartion thaC the amount of in5urdnCe 2t name of the insured Clalmant and to usc the name of the Insured
Dzte ot Vollcy bears bo the total vatue of the insured clalmanC in any Crar.sactian or litigatian invalving these right.5 a•
estate or (nterest at Oate oE Policy: or remedies.
(II) where a subsequent improvemenl has been made, as to If a paymene on acceunt of ti claim does noc fuuy cover the loss of
any pardal Ioss, the Company shall only pay the loss pro the insured claimant, the Company shall be subrogated ta thesc rigfnts
rata In thc praportlon ltiat 120 percenE of the Amounl of and remedies ih the propoR9on vrhich the Cornpany's payment bears lo
Insurance stated in Schedule A bears to the sum of the the vrhole amount of the loss.
Alrrount af lnsurance stated in Schedule A and the if loss should rcsulc from any ac+t of the insured claimant, as srated
amounl expended Por the improvemenl. above, that act shall noC voicf this policy, but CI2e Company, iati lhat
7he provisions of [his parag2ph shall nat apply Co casts, 2ttomcys' event, shall be required Co pay only tliat par, of any lasses in5ured
fees and expenges for vrhicM the Compaiiy is Ilable under this poliry, and aqainst by this Rollcy vrhfch shall exceed the amount, If any, los+t to the
shall only apply to that portion oP any loss which exceeds, In the Company by reason ot the impairment by the insured clalmanl aF the
aggregate, 10 percent of Che Amount at Insurance sCated in Szhedule A. Campany's right of subrogatfon.
(c) The Company tvill pay only Chose costs, attorneys' fees and (b) The Campany's Rights Agalissl 7Jon-insured Obligors,
expenses incurred in accordance with Sec[fan a of tfiese The Company's rlght of subro9ation against non-insured obligors
CondiUons and Stipvlations. Shall exlst and Shall indutle, wikhou[ Iimfl•atton, the rigfsts af the insured
8. APPORTIONMENT !o indemnl[ics, guarantles, other policies of Insurante or bonds,
Tf the land described in Schedule A consisks of two or more parcels notvrithstanding any terms or conditlans contafned !n those instrumenls
which are noi used as a single site, and a loss is establlshed affecting wyich provlde for Svbrogatlon rights by reason of thls polfcy.
one or m9re of the parcels but nof all, the loss shall be computecl and
settled on a pro rata basis as If the amovnt of tnsurance undar this policy
avas divided pro rata as fo the value on Dote of Policy af each separafe
parcel to the whole, exclusive of any im;vravements made subsequent to
Date af Nolfcy, unless a Iidbility or value ha5 othenvise been agreed upon
as to each parcel by the Comp,any and the insured at the time of the
issuance of tfils policy and shown by an express statemeni or by an
endflrseinent 2ttached fa this policy.
9. LIMITATTON OF LIABILITY
ALTA Orlner'S PoI1Cy 1992 (Revis2d 10/].7/92}
Order No.: 20248036
CONDITIONS AND STIPULATIONS
i. DEFINITION OF TERMS will not pay ifie fees of any other counsel. The Company wlll
'1'he folibwing terms when used in thts policy mean: not pay any fees, costs or expenses incurred by the Insured in
~(a) "insurec!": the fnsured named in Schedule A, and, subJect to the defense ot thos° causes of actlon vrhich altege maCters not
any rights or defenses the Company vrould have had againsfi insureci by [his policy.
the nsmed insured, those vrho succee6 [o the Interesl of the (b) The Company shall have the rlght, at its own cos[, lo Irstitute
named Insured by aperaUan of lavr as dlsCirguished from and praseruCe any actlon ar proceedinq or to do any oCher act
purchase including, GuC not Itmited to, helrs, dislributees, vrhich in its opinion may be necessary or deslrabEe to establish
cievisees, survlvors, personal representatives, next of kin, or the CIUc to the estate or intere5[, as insvred, or to prevent or
crorporate or fiduciary suaessors. reduce loss or damage to the insured. '1'he Company may take
(b) 'Insured clalmant°: an insured claimiisg loss or damage. any appropriate aeCion under the terms of thls policy, 16vhe4her
(c) "knowletl9e' or 'known", aclual knotivledge, not cansCrucCive or no[ IC shall be Ilable hereunder, and shall not ChereUy
knawledge or no[ice whlch may be imputed to an instired by concede Ilabllily or walve any provision of thls policy. If the
reason of the public records as defined in thls policy ar any Company shall exercise its rlghts under Chls parayreph, i; shall
other retords vrhich impart constructive notice oP matters do so diligently.
afFecting the land. (c) Whenever the Company shall have brovght an action or
(d) 'land': the land described or referred tv In Schecfute (A), and interposed a defense as required or permltted by the
fmprovements affixecl thereto whfch by law constituEe real pravisfons of Chis pollcy, the Company may pursue any
properC9. The term "land" does not include any property IltigaCion to flnal determination by a caurt oT competent
beyond the Iines of the area described or referrecl ta in jurisdlUfon and expressly rese►ves the rfght, In its sole
Schedule (a), nor a7y righE, title, Irllerest, estate or easement discretion, to appeal from any adverse Judgment or orcier.
In abulting streets, raads, avenues, alleys, lanes, ways or (d) In all cases where this policy permics or requlres the Company
wztenvays, but nothing Iierein shall modily or Iimit the exlent to proyecute ar provide for the tleTense oE any accfon or
Co whlch a rtght ot acce55 to and from the Iand I5 insured by praceeding, the in5ured shatl secure to the Gompany the righL
this policy. to so prosecute or pravlde defense in the actian or proceeding,
(e) "mortgage": mortgage, deed of trust, crusE c4eed, or other and all appeals fherein, and parmit tfiie Gompany Co use, at Ics
secvriSy Instivment. option, the name of the insured for this purpase. 4+lhenever
(f) "public recards": rerards escablished under sta[e sWtuFes at requested by the Company, the insvred, at the Gompany's
Date of Policy For the purpose of impariing cvnstructive nolice expense, shall give the Company all reasonable aid (i) in any
of matxers relating to real property to purchasers ior value and actfen ar proceeciing, securing evidence, ab2aining witnesses,
withouc knavrledfle. tivich respect co Sectfon 1(a) (iv) o: the orosecuting or defending the aclion or proceeding, or effecting
Exdusions From Coverage, "ptlbllc reccrds" shall also indude seCCleirient, and (ii) in any other laviful act whiclti in the oplnlon
environmental pro.ectlon Iiens filed In the records of the clerk of the Coinpany may be necessary or desirable to establish the
of the United Scates distrtcl courE for Che dis!rict in which the title to the escate or interest as Insurecl. If the Company is
land is located. prejudiced by the failure of the insured to furnlsh the requirecf
(g) "unrnarketabllity of the title": an alleged or apparent matier cooperation, the Campany's obligatlors [o the insured under
affecCing the title to the lancf, noi excluded or excepted from the policy shall [erminate, In.lutling any Ilabiliiy or obligation
coverage, which would eneitle a purthzser of the esiaCe ar Eo defered, proseaite, or continue any littgation, with regard Qo
interest described in Schedule A to be released from lltie the matter or mat4ers requiring such coaperatian.
obliyatfon to purChase by vlrtue of a contraCtual conditlon S. PROOF OF LO55 OR DAMAGE .
reQufring Che delivery of martcetable titlc. In adciitlon lo and aRer the notices requirnd uncier Section 3 of
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF these Conditions and Stipulations have been provtded the Company, a
TrTLE proof of lass or damage signed and 5vvorn to Gy the insured clalmant
The coverege af ifiis policy shall contlnue in force as of DaEe of shall be Eurnistsed Co the Company wfthin 90 days after the insured
Policy in favor of an irosured only so long as the Insurecf retains zn esiate tlaimarst shall ascerlain the facts yiving rise to the Ioss or daninye. The
or In►erest in the lai1d, or holds an indebtedness seturec4 by a purthase proof oF less or damags shall describe tltie defeu In, oa• lien ar
money mortgage glven by a pa,rchaser from the Insured, or only so long encumbrance on the CiUe, or other matter insured against by this policy
as the insured shall have liability by reason of covena+its of warranly vrhich conscitutes the L^asis of lo5s ar damage and shall stafe, to the
made by Uie insured in ariy transfer or conveyance oP the estate or ex.ent passihle, the basis of calculating the amounc oE the loss or
interest. This policy shall not continue in force In favor of any purchaser damage. Yf the Comp,any is prejudiced by the failure of the Insured
from the insured of either (i) an estate or intcrest in the land, or (il) an daimant to provide the required proof of loss or damage, the Companys
incfebtedness setured bY e purchase money mortgage given to the obli9a.tons to the fnsured under the pollcy shall terminate, InGutling any
in5ured. IlabfllEy or obligatlon to defend, prosetute, or canl•inue any Iitigation,
3. NOTICE OF CLAIM TO B8 GIVEN BY INSURED CLAIMANT v1it21 rfga►d CO Ct1@ matter or maccers reqWrtttg such proof ot loss or
Tttie insured shall notify the Company promptlV in writfng (I) in rase Qamage.
of any utlgat9on as set forth In Section 4(a) below, (ii) in case knowledge !n addl[lon, the insured claimant may reasonably be requireti to
shdll come fo an InSured hereunc4er oP any claim of tide or interest vrhiCR subm(C to examinatlon under oath by eny authorlZed representaiive of
(s adverse to the [fUe Ca the eSLete er inCeres[, as insured, end vrhich the Company and Shall prOduCe Eor examinatlon, inspectlon ZiiA tanying,
mlght cause loss or damayc for whlch the Company may be liable by at such reasonable tlmes and places as may be designaced by any
virtue of thts policy, or (UI) If title to the estate or in[erest, as insvred, Is authorized representatlve of the Company, all records, books, ledgers,
rejecled as unmarkeCable. !f prornpl not(ce shall not be glven Co the checks, correspondence and memoranda, vrhether bearing a date before
Company, Chen as to the insured all liability of the Company shall or after Date of PoDcy, which reasonably pertain to Cl1c loss or damage.
terminate wilh regard to the matter or matters for whlch prompE no.tce Fur#her, If reques+ted by any auEhorized representatlve of the Company,
Is required; provided, however, Chat failure [o not3Fy the C9mpany shall the insured daimant shall yranC its permisSlon, In ►vriCiny, for any
in no case preJudlce the righis cf any insured under thfs policy unless the authorized representaifve of the Company to examine, Inspett and copy
Company shall be prejudiced lsy the fallure aric4 tiisn only Co the extent all records, books, ledgers, thecks, correspandence and memoranda In
of the prejudice. the cus:ody or control of a third party, which reasQnably pertain to the
4. DEFEfVSE AND PROSECUTION OF ACTIONS; DUTY OF loss or damage. All information designated as confldential by the
INSURED CLAIMANT TO COOPERATE insiired dairnarst provided to the Company pursuarrt to this Sectlon 51ia11
(a) Upon written request by the fnsured and subJect eo the opcfons not be disdaseti to othcrs unless, In the reasonable juCgment of the
conEained in Secl•ian 6 of these Conditlons and Stipulations, Comp3ny, iC is necessary in the admin(seration of the claim. Faflure of
the Company, at its own cost and withotet unreasanable delay, the Insured daimzn[ to submit for examination under oath, produce
shall provide for the defense of an insured In IltlgaCion In which other +•easonably requesCec4 informaUOn or grant RerrniSSion to secure
any third par[y asserts a claim aGverse fo ifie t9tle ar Interest reasonably necessary in(armation from Lhird parties as required in [hls
as insurecl, but only as Co those sCated causes of aciion paragraph shall teRnlnate any Iiability af the Company uttider this pollcy
alleging a defeci, Ilen or encumbrznce or other ma2[er insurea aS to that claim.
againsY by this policy. The Comp3ny shall have ►he right to 6. OPTIONS TO PAY OR OTMERWISE SETTLE CLAIMS;
select counsel oi Its choice (subject to the right of the Insaired TERMIINATZON OF LIABILITY
to obyett for reasonablc cause) to represent the insured as to ln case of a daim under this policy, the Company Shall have the
those sCaCed causes of action and shall net be 1lable fQr and folloyring addltional opUonS:
ALTA Owner's Policy 1992 (Revised 10/17/92)
Order No.: 20248036
issued bv
LLand n~~~~~~ 105 West Third Avenue
~r~~ Spokane, WA 99201
Transnation Phone: 509-922-2222
Fax: 509-227-6474
Transnatinn Title Insucance Company OWNLR'S POLICY UF TITI.E' INSiJRANCr-
SUBJFCT TO THE EXCLUSIONS FROM COVEf2AGE, THE EXCEPTlONS FROM COVERAGE COA}TAINED IN SCHEDULE F3 kND TWE CONDITIONS
AND S7IPULATION5, Transnation Title Insurance Company, an Arizona corporation, herefn Called the Company, insures, as of Oate of
Policy shovm in Schedule A, against loss or damage, not exeeecling the Amount oP Insurance stated in Schedule A, sustainect or incurred by
the insured by reason of:
I , Title to the estal'e or interest describecl in Schedule A beliig vested olher than aS stated Cherein;
2. Any defecC in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. l.ack of a right of access to and from the latid.
The Company +vlll also pay the Costs, atl•orneys' fees and expenses incurred in defecise of the litle, as ii1sured, bvt only to the extent provided
in the Conditio+tis and Stipulations.
Transnation Title Insurance Company
\NC 14J(/v'd~F
Attest: ~ y By:
a tsr J~ `
Secretary President
x r
ARfION~
EXCLUSIONS FROM COVERAGE
The folloti•ring maCCers are expressly exclilded frorn the coverage of this policy and the Com{rany will not pay loss or daniage, costs, attorneys'
fees or expenses vrhiCh arise by reason of:
1. (a) Any lativ, orcifnance or govemrnental regulation (induding but not limited to building and zoning Iaws, ordinances, or regulations)
restriciing, regulating, prohibiting or rela[ing to (i) the occupancy, use or enjoyment of the land; (ii) the character, dimensions or
location of any improvement now or hereafter erected on the land; (iii) a separcition in oti•rnershlp or a change in the dimenslons or area
of the land or any parcel of which the land is or vras a part; or (iv) environmental protettion, or the affect of any violation of these law„
ordfnanees or governmental regulations, except to the eztenl lhat a notice of the enlbrcemenC thereof or a notice of a defec[, lien or
encumbrance resulYing from a violation or alleged violation affecting the land has been recorded in tlte pubHc records at Date of Polfcy.
(b) Any gavernmenCal police power not excluded by (a) above, except [o the extent tha[ a no[ice of the exercise thereof or a notice of a
defeCt, lien or encumbrance resulting frorn a violation or allegecl violbtion affectlng the land has been rewrded in the pub11C records at
date of PoliCy, .
1. Righcs of eminenC domain unless notice oP the exertise thersof has been recordetl in the public records at DaCe of Policy, but not
exduding from covera9e any taking which has occurred prior to Date of Policy which vrould be bindiny on the riyhts of apurchaser for
value without knowlectge.
3. Defecu;, liens, entumbrances, adverse dziirns or other matter5:
(a) creaeecl, sufferecl, assumed pr agreed t•o by the insured clairnant;
(b) not kno►vn to the Company, not recorded in the public records at Date of Policy, but Fciiown to the insured daimant and not disdosed
in tivriting to the Company by the insured clalitiant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no Ioss or damage to the insured claimant;
(d) attaching or creaCed subsequent to Date of Policy; or
(e) resuldng in loss or clamage wliich avould not have been susCained if the insured claimant had paid value for the estate or interest
insured by this policy.
a. Any daim, which arises out; of the transaction vesting in the insured the estate or intereSC insured by this policy, by reason of the
operation of federal bankrugsl'Cy, state insolvency, Or similar Creditors' rights laws, that is based on:
(i) the transactlon creating the estate or interest insured by CMis policy being deemed a fraudulent conveyance or fraudulenc transfer;
or
(ii) the transaction creating the esY.ate or fnt:erest insured by this policy being deemed a preferential transt'er except wherc the
preferenUal transfer results from the failure:
(a) to timely record the instrumeatit of transfer; or
(b) of such reCOrdation to impart noCite to a purthaser for value ar a judgment or lien creclitor.
ALTA Owner's Policy 1992 (Reviszd 10/17/92)
Valid Only If Schedules A and B are Attachecl
File No.: 20248036
SCHEDULE B Continued
10. UNRECORDED LEASEHOLDS, IF ANY; RIGHTS OF VENDORS AND HOLpERS OF SECURITY
INTERESTS ON PERSONAL pROPERTY INSTALLED UPON THE I.AND; AND RIGHTS OF TER1AiVTS
TO REMOVE TRAbE FIXTURES AT TFEE EXPIRATION OF THE TERM.
ALTA Oavner's Policy (10-17-92)
Page 5
File No.: 20248036
SCHEDULE B Continued
3. EASEMENT AND THE TERMS AND CONbITIONS TMEREOF:
GRANTEE: PROPERTY OWfVER
PUf2POSE: 1NGRESS AND EGRE55
AREA AFFECTED: A PORTION OF SAID PREMISES
RECORDEp: MAY 25, 1957
RECORpING NO.: 4483648
4. UTILITY EASEMEPV7 AND THE TERMS AND CONDITIONS 7MERE0F:
GRANTEE: PROPERTY OWNER
PURPOSE: MAINTAIN A SEWER LINE ARfp EXISTIiVG WATER LINE
AREA AFFECTED: A POFtTIQN OF SAID AREMI5E5
RECORDED: AUGUST 4, 1998
RECORDING NO.: 4252316
5. GRANT OF EASEMENT/TERMINATION OF EASEMENT AND THE TE#tM5 ANp CONDITIONS
TMEREOF:
GRAN7EE: EAST BOWI., LTD.
PURPOSE: INGRESS AND EGRESS
AREA AFFECTED: A AORTION OF SAID PREMISES
RECOItDED: AUGU57 4, 1998
RECORDING N05.: 4252317 AND 4252318
6. GRANT OF EASEMENT AND THE TERM5 AND CONDITIOiVS TFIEREOF:
GRANTEE: EAST BOINL, L1'O.
PURPOSE: INGRESS AND EGRESS
AREA AFFECTED: A I'ORTION OF SAID PREMISES
RECORDED: AUGUST 2$, 1998
RECORDIMG NO.; 4262355
7. MAT('ERS SET FORTH SY 5URVEY:
RECORDED: SEPTEMBER 3, 1998
RECORDING NO.: 4264758
DISCLOSE5: (A) LOCATION OF PROpERTY; (B) LOGATION OF A NUP1BER OF
ENCROACNMENTS ALONG THE WEST LINE
8. NA7URAl GAS PIPEL.INE RIGHT OF WAY EASEMENT APV17 THE TERMS AND CONDITIONS
THEREOF:
GRANTFF: THE WASHINGTON WA7ER PObVER COMPANY, A VIJASHINCTOiV
CO RPO RATI O N
PURPOSE: CONSTRUCT, OPERATE AND MAINTAdN UNDERGf20UND R'A7URAL
GAS PIPELIfVE; REMOVE BRUSH AND 7REES
AREA AFFFCTED: A POR7ION OF SAID PREMISES
RECORDED: NOVEMBER 24, 1998
RECOF2DING NO.: 4296918
9. TITLE NOTICE AND THE 7ERMS AND CONDII"IONS THEREOF:
GIVEN BY: SPOKA(VE C0. nIVIS10N OF BUILDING AND f'LAfVNING
REGARDING: LAND USE
DATED: NOVEMBER 27, 2002
RECORDED: DECEMBER 4, 2002
RECORDING NO.: 4810689
ALT,4 Oavner's Policy (10-17-92)
Page 4
File No.: 20248036
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This Policy does not insure against loss or darnage (and the Company will not pdy costs, attorneys'
fees or expenses) which arise by reason of:
1. Taxes or assessments which are not now payable or which are not shown as existing liens by
the records of any taxing authority that levics taxes or assessments on real property or by the
public records; proceedings by a public agency which may result in taxes or assessments, or
notices of such proceedings, whether or not shown by the records of such agency or by the
public records.
2. Any facts, rights, interests or Claims which are not shown by the public records but which
could be ascertained by an inspection of thc land or which rnay be asserted by persans in
possession, or claiming to be in possession, thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not Shown by the publit
retords.
4. Any encroachment, encumbrance, violation, variation, or aclverse circumstance affecting th@
Title that tivould be disclosed by an accurake and complete land survey of the Land, and that is
not shoarn by the Public Records.
5. Any lien, or right to a lien, for labor, material, scrvices or equipment, or for contributions to
employee beneflt plans, or liens under bVorkmans' Compensation Acts, not disclosed by the
public records.
6. (a) Unpatented mining claims; (b) reservations or exceptions in pdtents or in Acts authorizing
the issuance thereof; (c) Indian treaty or aboriginal rights, including, but not limited Co,
easements or equitable sErvitudes; or, (d) water rights, claims or title to water, Urhether or not
the matters cxcepted under (a), (b), (c) or (d) are shown by Che public records.
7. Rlght of use, eontrol or regulation by the United States of America in the exercise of powers
over navigation; any prohibition or limitatlon on the use, occupancy or improvement of the
land resulting from the rights of the public or riparidn owners Co use any waters which may
cover the lancl or to use any portion of the land which is now or may formerly have been
covered by water.
8. Any service, installation, connection, maintenance or construction charges for sewer, vaater,
electricity, or garbage collection or disposal, or other utilities unless disclosed as an existing
lien by the public records.
SPECIAL EXCEPTIONS:
1. CENERAL PROPERTY TAXES AR1D SERVICE CHARGES, AS FOLLOVJS, TOGEfHER WITH
INTEREST, PENALTY AND STATUTORY FORECLOSURE COS1'S, IF ANY, AFfER DELINQUENCY:
(157 HALF pELINQUENT OfV MAY 1; 2ND NALF DELINQUENT ON NOVEh1BER 1)
TAX ACCOUfVT NO.: 45222.0227
YEAR BILLED PAID BALANCE
2006 $703.88 $351.94 $351.94
(THE ABOVE TAXES INCLUDE AQUIFER PROTECTION AND STORMbVATER FEES)
2. RESpLUTION IMPOSEf7 BY INSTRUPIENT RECORDED ON JULY 15, 1955, UNDER RECORDING
N0. 3300548.
ALTA Owner's PoliCy (10-17-92)
Page 3
File No.: 20248036
EXHIBIT "A"
THAT PORTION OF TRACT 162, OPPORTUNITY AS PER PLAT THEREOF RECORDED IN
VOLUME "K" OF PLATS, PAGE 20, DESCRIBED AS FOLLOWS:
BEGINfVING AT THE NORTHWEST CORNER OF SAID TRACI'; THENCE NORTH 90000'00"
EAST, ALONG THE NOf2TH LINE OF SAID TRACT, A DISTANCE OF 246.30 FEET TO THE EAST
LINE OF THE WEST 10 FEET OF THE EAST HALF OF THE EAST HALF OF THE WEST HALF OF
SAID TRACT; THENCE SOUTH 00010'27" WEST, ALONG SAID EAST LINE, A DISTANCE OF
428.00 FEET TO A LINE PARALLEL WITH AND DISTANT SOUTHERLY 428.00 FEET,
MEA$URED AT RIGHT ANGLES, FROM SAID NORTH LINE OF TRACT 162; THENCE PJORTH
90000'00" WEST, ALONG SAID PARALLEL LINE A DISTANCE OF 246.62 FEET TO TFiE WEST
LINE OF SAID TRACT 162; THENCE NORTH 00013'00" EAST, ALONG SAID WEST LINE, A
D15TANCE OF 428.00 FEE7 TO THE POINT OF $EGINNING;
SITUATE IN THE CITY OF SPOKANE VALLEY, COUNTY OF SPOKANE, STATE OF
WA5HINGTON.
ALTA OUrner's Policy (10-17-92)
Page 2
. L Landamc~Tka
Transnation
POLICY OF TITLE INSURANCE
issued by
Transnation Title Insurance Company
SCHEDULE A
Amount of Insurance: $2,400,000.00 Policy/Ffle No.: 20248036
Premlum: $2,091.00
Date of Policy; August 3, 2006 at 8:00 A.M.
1. Name of Insured:
City of Spokane Valley, a municipal corporation
2. The estate or interest in the land described herein and which is covered by this policy is:
a fee simple estate
3. The estate or interest referred to herein is at the Date of Policy vested in:
City of Spokane Valley, a municipal corporation
4. The land referred to in this policy is situated in the County of Spokane, State of VJashington,
and is more particularly described in Exhibit "A" attached hereto and made a part hereof.
Transnation Title Insurance Company
By ~ • e,e.~/
/jh'tfhorized Si n ture
ALTA Owner's Policy (10-17-92)
Page 1
~
~ JAN 1 6 2007
L ° ~ 105 West Third Avenue
, andLi-~me~OQa I~'Gr. . Spokane, 4VA 99201
L~,
Phone: 509-922-2222
Transnation Fax: 509-227-6474
]anuary 11, 2007
City of 5pokane Valley
11707 E. Sprague Avenue, Suite 106
Spokane Valley, WA, 99206
YOUR REF: Spokane County to City of Spokane Valley
OUR fVO.: 20248036
Attached is your Owners Policy 10-17-92 policy of title insurance. Please retain it for
future reference with your other closing papers.
]udie Mitchell