5567655 Deed, Warranty: Unaddressed Bacon's Addn to Greenacres
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5567655_
After recorcfing return to: F'yt~?" t ~
City of Spokane Valley r_. C~-~'=4`F'
1~.707 EdstSprague, 5uite 403 T~'Af~~~"fIUN. T3TLE ItJt. ~xi !!D :zt.r70
Snokane Valley, WA 99206
Reference: 20317583- -501- -SB1-2
STATUTORY WARRANTY DEED
THE GRAN70R(S) Karla J. Ruddach and ]oseph J. Ruddach, Wife and Husband,
for and in consideration of 7en ($10.00) Dollars and other good and valuable consideration
in hand paid, conveys and warrants to City of Spokane Valley, a municipal corporation, for
park purposes
the following described real estate, situated in the County of Spokane, State of Washington:
See Exhibit A attached hereto and made a part hereof.
Subject to: Those items specifically set forth on Exhibit "A" attached hereto.
Abbreviated Legal: (Required if full legal not inserted above.) Ptn Block 15 Bacon's Add to
Greenacres
Tax Parcel Number(s): a portion of 55182.1518,
Dated: Julv 19, 2007
SELLER:
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N Karl~J. Ruddac ti /104h uddac~y! ~
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0 State of Washinaton
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~ County of4°~~32"
n On 'sp~~ o 77, .b,J~•,f,~r;~ 7J ~ pe{sonally appeared 4 424 4 /l ~%~C-~ ' to me knotivn
~ to be the ir dividual(s) described in and who elecur~llCn&ilhin'and Foregoing instrument, and
acknoaYledg2d *.hat '7'l,~ ' s'fgred the same as /l / free ancJ vuturiCary aci anci
deed for the uses and purppes therein mentioned. ~iven under my hand and official,~Pal the day and year last abovc written.
N Notary Publ' and for the State f rr
~ Residin
~ P~9y Appointm nt expires: SHAWN L. BURDE'T'TE
O S7ATE OF WASNINGTON
o NOTARY - ~ - PUBLIC
~ MY COMMISBION EXPIRES 001"
µ Statutory LVarranty Deed
oru+ TRANSNATION TITLE INSURANCE COMPANY
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5567655
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TiTLE fll:ti C0 41D
Exhibit A
TRACT 15 OF BACON'S ADDITION TO GREENACRES, AS PER PLAT THEREOF R[CORDED 1N
VOLUME "J" OF i'LATS, PAGE 15;
EXCEPTING TWEREFROM THE SOUTH 135 FEET OF THE WEST 144 FEET;
SIi'UA7E IN THE CI7Y OF SPOKAfVE VALLEY, COUN7Y OF SPOPCAfVE, STATE OF WASMINGTON.
SUBJECT TO:
LIABILITY FOR FUTURE CHARGES AND ASSESSMEN7S LEVIED BY SPOKANE
COUNTY TREASURER FOR REAL PROPERTY TAXES;
UABILITY 70 FUTURE ASSE55MENTS BY CONSOLIDATED IRRIGATION DISTRICT NO. 19.
RESEFiVATIONS CONTAINED IPV DEED, CONSOLIf7ATED IRRIGATION DISTRICT NO. 19, A
PUSLIC CORPORATION, GRANTOIt, RECORDED ON )UNE 18, 1974 UNDER RECOFtDING NO.
7406180045, AS FOLLOWS:
THE GRAN7012 RESERVES FROM THIS CONVEYANCE ALL EASEMENTS AiVD 121GHT5 OF WAY
HERETOFORE GRANTED THE DISTRICT OR PRESEfVTLY IN USE SY THE DISTRICT, FOR l"HE
CONS7itUCTION, REPAIR, OPERA'fION AND MAINTENANCE ACROSS THE DESCRIBED
PREiWISES OF FACILITIES OF THE DISTRICT.
EASENIENT AND TNE 'I'ERM5 AiVD CONDITIONS THEREOF:
GRAN7EE: UNITED STATES OF AMERICA
PUftPOSE: CONSTRUCT, OPERATE AND MAINTAIN AN IRRIGA'I'ION
TUttNOUT AND APPURTENANCES
AREA AFFECTED: A P0127ION OF SAID PREMISES
RECORDED: JANUAitY 31, 1966
RECORDING NO.: 174970C
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LEASE AGREEi1'iE1T BETWEL\' C.1.`I'X 41+, S1'OKANE VAi..L.I;Y AsYt) KARI,A
RUDDACH R.EGAltllll\`G =1. 1?O.It'l'iON SPOKANE C()UN"I'X l'ARCEL
NURIBER 55182.1518, Sl'f)KANTF V:ILLEY, WA.S.Hl.nTCTQN
This Lease Agi-eement is entered into by the City o1' Spokacie Valley (referred to
as "City" or "Owner"), anci K.arla Ruddach (rcferred to as "Ruddach" or °Tenanl"), and
j4intly referred to hereinafter as the "Parlies".
WFTEREAS, the City is the owner oF certain preiiuses lncatecl at 17721 EiasC
Boonc, Spokane Valley, Washington, 99016, which was reeently piu•chased by the City
froni Ruddach.
1V EREAS, as a condilian of the sale to the City, Ruddach required that she bc
able to lcase a portion of the subject propErty until June l, 2009. The Paities delerrnined
that a suitable portion for Rudciach's usc would be the souch 135 feet of the subject
prop crty.
WHEREAS, no later than the tcrmuiation of the lease agreeil-ient on Junc 1, 2009,
Ruddach would bc obligateci to have all improvements remnved Fi-om the real property.
NO«', THEREFU:E7.N:, i.n consideration of the mutual prornises set forill hereui,
ttie Parties do hereby agree as follo«rs:
1. T'IJRPOSE. The purpose of illis leasc ageeement is ta set fortli the Parties'
understanding regarcling the tenns and conditions under which Rucldaeh inay occupy a
poriion of the Premises, agrced by the pariies as the south 135 feet of parcel number
551S2.15.1s. The legal description ofthePr.einises is as follotivs:
Bacons Addition to Greenacres N1V '/4, 18-25-45, Block 15,
EYCept the South 135 feet of the 4Vest 144 Feet Thereof, City of
Spokane Valley, Spolcane CQunty, Washiugfon 9901.6.
Assessor's parcel niunber 551$2.1.515. 2. USE OF THE PRIa.M:1:SlaS. Tl1e City agrees to allow k7udclaeh to use a
portion of the Premiscs uiitil June 1, 2009. Ruddach ctirrently uses the south 135 feet of
the 1?remises for residential purposes for a relativc, Ed "Leli.man. The Parties aaiticipate
that Ruddach «rill conti»ue fo use the soutli 135 feet of the Premiscs for ttiese idenlifed
purposes until Jtule 1, 2009. TZudclach is the owler of the improvements locateci on the
south 135 feet of the Prcmiscs, aud is obligaled to have all improvemenls removcd from
the premiscs by the espiration of this leasc agreeinent. Tn the event Ruddach does not
have all iniprovemenis and personal properly removEd by J'uiie l, 2009, the City uiay
rcinove it and charge 3U costs to Ruddach for such r.emoval and disposal.
0 COP,
3. • TER1Vi O.E' Li+-ASla AGl7EEMENT. The tenn of this lease agreement
shall be in effect upon siTiing, mid shall expire on June l., 2049.
4. PAYMENT. Ruddach shall pay the City a"use fee" for its use of a
portiou of the I'rem.ises by paying $100 pcr year. :Payments shall bc to ttle City Financc
Departinent, 11707 East Sprague, Suite 106, Spokane Valley, WA 99206, and shall bc
due and payable by August 30 for the followulg year.
5. MAiNTE\TANCE COSTS. Ruddach shall be responsible for atly
tuaintenance or repairs io any improvcments on the Preinises.
6. NIODIFICATION. The Paraties may modify any terni conlained in this
lease agreeinent, but only by muFual writtcn agreement.
7. ALTL.l.2.A'I':CQNS, ADDITIONS, OR 01-F'RQN'En'IENTS. R.uddach
shall not, without first obtaining the written consent of the Ciiy, make any alteraiions,
additions, or improvements iil, to, or about the Prcmises. The City shall tunely respond to
any rcquests to make a.lternations, adclitions or improvements in, to, or abnut the
Prcmiscs.
8. INSURANCE. Ruddach shall procure and maintain for the duraiion of
the lease agreeiilent, insurance against claiuis for injuries to pcrsons or clamage to
Premises which inay aiise from or in connection with the :E2.uddach's usc of tlie :Premises.
Rucidach is required to m.aintain property liability insurance policy in the amount of $1
rnillion per occitrrence and S2 million aggrcgatc mi.nunum coverage fi-om an insurer
acceptable to the City.
Rtidciach sh311 fiirnish the City with a cnpy of the rcquireci insurance certificates anrl/ar
a.meudatory endorseiliencs within 30 days of execution of this lease 3greeinent.
9. TNUFNT~ITFICATI0N Al\P HOL[) :HARn'ILESS.
A. City shall inclcmnify and hold liarmless Ruddach froin all clainis,
actior,s; suiis, liability, loss, costs, expenses, and danagES oi aiiy nature, by any reason of
or arising out of any negligent act or qmission of the City, its nfficers agEnts, and
emplayees relating to or arising out of its abligaiions u.nder the ternis of this lease
agreernent. In the event that any suit b3se.d upon such claiun, action, loss, or daiuages is
brought against :Ituddach, City shall dcfend the same at ies solc cost a11d exPense;
proNqded that Ruddach rescrvcs the riglit to participate in said siut; aiid if final judgment
in said suit be rendercd agauist Ruddach, or joincly against Ruddach and City ancllar their
respeciive olficers, agents and employees; City shall satisfy the saiiie to the extent oI'
City's apportioned liability.
B. Ruddach shall uideuuufy and hold hannless City and its officers,
agents, and employees from all claims, actians, suits, liability, loss, costs, expenses, and
damage_s of any natLire, by any reason of or arising out of any negligent act or oiiussion of
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the Ruddach relaeing [o or arising out of its obligations under the teinis of rhis leasc
agreei-nent. In the event that any stut baseci upon such claim, actiou, loss, or danabcs is
brought aDainst Cil'y, Ruddach shall de.f.etid the s~ne at her sole cosc and e:apense;
prdvided that City reserves the right to part:icipate in said suit; and if final judgrnent in
saicl suit be rendered against City, and its offices, agents; and employees or jointly agaulst
Rucldaeh and City and/or theu respecrive of.fcErs, agents arid employees, Ruddach shall
satisfy the samE to the eYtent of Ruddach's 3pportionetl liability.
10. NOTICES. All notices or ottier communications given lierewlder shall be
deemed given on: (1) the clay such notices or otlier communications are received when scnt
by personal delive.ry; or (ii) the third day followulg the day on which the same llave been
mailei by first class delivery, postage prepaid addressed to Ruddach or the City at the
address set forth below for such :l'arty, or at Such other address as eit]Ier Party shall from
time-to-time desigmate by noticc iu ~Nqituig to the ather Party:
Rucidacti: Karla Ruddach
17705 East Boone Avenue
Spokane Valley, VVashington 99016
Cl'rY': Mike Jackson
City of Spokane Valley Parks a.nd Recreation Department
11707 East Sprague Avenue, Suite 146
Spokanc Valley, Wa.shington 99206
11. COUV'IERPARTS. This lease agreement may be executed in any
nutnber of couuterparls, each of which, wheu so ex.ecuYed and dclivered, shall be an
original, hut such counlerparls shall togcther constitute but one ancl the same.
12. ASSIGNMENT. Ncither Paity may assign in whole or part it,5 interest in
this Lease Agreement withaut the written approval o.f tlie other Party.
13. W.RI.T.INC:5 CQNTt1i1VED HEREIiv/.l;lNQWG EFFECT. The Parties
agree thac there are no ottier understzuidings, er'al or othemvise, regarding the subject matter
Qf this lease agreement. 'I`nis lease aDreement shall be binding upon thc .Parties hereto, iheir
successors imd assigns.
14, iNp WATVER. NO officer, einployee, or agent of the City or Rudclach llas
the power, right; or auihority to waive a.uy of the conditions or provisions of this lease
agreement. \To waiver of any breach of this lease aa eement shall be held to be a waivEr
of any other or subsequeut breach. All remedies affordecl in this lease agreement at law
shall be taken and construcd as ctunulative, that is, in addition to every other remetly
provided herein or by law. The failure of either Party to enforce, al any timE, any of the
provisions of,' thi:s lease agrcement or to require, at any ti.me, performance by the other
Party of any provisions sh311 nol, i.n any way, affect the validity of this lea.se ag7eement or
any part hereof, or the right of either Party to hereafter enforce cach and every such
prpviSiOn.
]7AT'ED: Z,Z,-; ~'SI~ 7 DATED: -74,2,-=~M7
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CT'C.l' OF SPOKANIIE VaI.-LEY ~C-~~
~ K~-la Ruddach
s,
stinc Bauibridge, bty Clerk
APPROVED AS TO r012A2 UN-1:,1':Zl~.
OfCce of e City
STAT'E OF 1VAS~HT_~TGTON )
) ss.
County of Spakane )
On ttus a day <N/rW",s&9/-t0-n,. 2007, before me, the undersigied, a I~jotary
Public in and for the Sla f dul commissioned ~Zd s~voi~r~ ersonall
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a.ppeared Karla R.uddach, who exccuted the Nvithin and rorEgoing uistrument, and
acl:tiowledaed the said ilistrument to bc the fi•ee and voluntary act and deed of said
political subdivision, for the uses anci purposcs therein mentioned.
IN W1TVESS NY1~J'-,12F0F, T have hereunto set my hand and airxed my
seal the day and year first ~«1t[en ~tiove.
~/11~/.~'~ , Sain" NO .A.RY .
Wa ' ron, residing at r-Sog/C614;
NIy conimission cxpires:
SHAWN L. SURDETTE
sraTE oF wasHiNGroN
NorARY ~ pUBUC
MY COA4DdISSION EXPIRES 09/03/09 ,