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PE-1058-76 r At said tirne and iakace y interested per~on may appear ~r~ or agalnst, the g~ant).,ng of this applicaticn ' AGEI~ ~)k.: .J~'T0BER 28, 1977 TliLEFHONE N0.: 45 6- 2274 SFOKAIITE COUN'3'Y PL4NNING COMMISSION Time: Fr[day, Octoher 28, I9779, 9:00 A.M. Place: Conference Roorn Ar Court Hause Ann°x (Use Malton A~,7enue entrance) PL4NNED UNIT I~EV~~OPMENT - 1. PUDE-1-75 r FinaI Planned Unit Dev4~!lopment Plan a. Location: Sectiori 23, Township 25N., 43, E,W,M, That part~on of the SW 1/4 of the S£ 1/4 of said Sectkon 23.1 d.escribed as follows; Beginning at the SE cvrner of saic~ SW 1f4 of of said S£ 1/4; thence N 0° 28'04"W along the Elxne of Said SW 1/4 30 feet; thence liT 8 90 48 `33 "W parall eI with the S J.ine of said SW 1f4 2 80 fe et tcs the tru~ POB; thence continuing N 891148' 33"W 304.10 feet; thence on a curve concave to ~~e left, having a ceritral angle of 1813 08'56 " fa radius of 6 03 feet; for a dis- tance of 191 feet to the south line of said SW 1f 4; thence N 890 48' 33"W alor~g the Sline of said SW 1f4 46.36 feet;thence N 01 23'09"W paralleX vnrith the W linp, of said SU1T 1f4 30 feetr thence N 890 48T33"W 170.82 feet; thence 00 11'28" 150.09 faet; thenee S 8911 48'33 200 feet; thence N 00 1 1`28"E 716 .61 feet thence E 429.9 feet; thence S 00 M0VE 531.51 feet thence N 890 33'52" 133.5S feet; therice S 5 704 1' 10 "V1T 71.20 feet thence S 00 0 9' 26'°W 299.85 feet to the , tru.e POE. , b. Applicant; Ro~er-t D. Ri.egel South 911 Houk Road Spakane, WA 99216 c . Site Size: 10 acres d. ExL5tii7CJ Z(7ning; AgI`[Ci1ltur3l, es~ablXSh8d April 11, 1959 I e. Praposed Zcning: No change; The property will be deve].o~ed ,Ln accordance vvith the provisians of a Planned U~~t De velopment - . f. Proposed Use of Property: Singie famiJy dwellzngs ~ I 9. Applicatian of Zoning Proviszon: Chapter 4.20, Section 4020.030 h. Envirvnmental Impact; A topic of discussivn at this hearing may be whether or not this proposal v,rill have a signifzcant adverse envkranmental imp~~ ~ F7t[L+x-• 1 #riny~~ir_v µNj_' .M1s'if'i~4 ~ i~ T ' 7Y' 14; z r s' ~ e~Q A! ry YO~ ` T SY ti {'I V y { F4`fA } . a Vf~ r ~ r, I ~h .I~,i I r fi r ~ r r n 3 ~d[ !h ll ~er4ay.F Ta-; - ~W ~~~~q[r~~}I.~`fk _-1 ~ 1t,r+ 1Fr-~~ '~l~r~ `J4 RJ[ i ~ a ' + s y~~Mrn . ~L r ~ j, 7 _~L~ p~ r~•~ ~ MS r rA 1 r L3fS ~L~' z 11 _ L ~IITAL~es , _ _ " ~ y '14 ~y~y {'~I LG ~Nj~p 7 J F{ 1 a r+4 } 1e i I! i._._..~+ F ~ ti . 4. _ 1 ~ }5 ~ u SPOKAiVE COUNTY HEALTH DISTRICT ' I rtcr-Ur~'i ce Communi cati on Date: August 2, 1979 'G: Spokane Countyanning Commission ~er,, F;,Oi~: Eugene CR. S. ~ ~ Change of condition for RZEGEL HEIGHTS PUD (exchange of Tract A for .~UBJECi: Tract B as open area) 1. Ref erences : ( a. Final plat of Riegel Heights PUD. b. Map of subject, by Simpson Engineers, scale t"=100', dated June 8, 1979. c. Verbal notice by W. Hubbard, Plats Administrator, Spokane County Planning Department, of hearing on subject scheduled August 17, 1979. 2. An easement for sewage collection lines meanders along the east boundary of Tract B and along the west and north boundaries of Tract A. The collector lines are installed and serving the PUD. c. The subject change of condition or boundaries of Riegel Heights PUD must not disturb the existing easements; or any changes in the easements will require submission of new engineering plans for both the easements and physical relocation of the col,lector line system prior to filing the f inal change of conditions for the plat. c: Clarence E. Simpson Engineer, Itic. N. 909 Argonne Rd. Spokane, WA 99206 E E D ~ E SPOKANE COUNTY P1.ANNING DEPARTM~~N~ ~"C-H J- H G Fy~- 118 FINDINGS PLANNEE) UIVIT DEVELOPN:ENT (Final) PUDE-1-76 - RIEGEL HEIGHTS ADI?ITION NO. 2: RIEGEL I. SUMMARY; November 12, 1976 the Spokane County P1annlnq Commission approved the Preltminary Ptanned Unlt Development for Rlege.! Hetghts Addition No. 2, and requlred the applicant to submit a final development plan of the proposed project to the Commission wlthin one (1) year. The applicant's ortglnal request was for an eleven (11) Iot single famity resideatial subdivlsion.. PE-1058-76, with private streets, security fencing and security gates. The onty legal means by which the suhdlvtston could be established with prlvate streets was to tncorporate the tilbdivistan request with a Planned Unit Development proposal. The appllcant's proposal is compatible with adjacent and surroundtng land uses; Is consistent with the Spokane Regionat Comprehenstve Plan and the development pollctes of the Comprehenstve Plan and the purpose of Chapter 4.20 Planned Unlt Development; has or can provide adequate provisions for clrculation, sewage dlsposal, water and fire protection. II. NIINITTES OF NOVEMBER 12, 1976 PIANNED UNIT DEVELOPMENT (Preliminary) PUDE-1-76 - PIANNED UNIT DEVELOPIvIE1VT FOR REIGEL HEIGHTS A DDYTION NC. 2 P1anning Commisston Recommendation for Preliminary Planned Unit Deve! opment: Approve PUDE-1-76, Planned Unit Development for Rleqel Helghts Addition No. 2, subiect to the foliowinQ condttions: (Vote was unanimous.) C . CONDI77ONS : 1. The advertised property shall be developed in substantial conformance with the preliminary development plan. 2. The applicant shall wlthln one (I) year of the date of the prellminary approval submlt a ftnat development plan of the proposed development for approval by the Planntng Commisslon. 3. Provfslons for the control and preservatlon of future private rights-of- way shail be made prtor to the flnallzatlon of PUDE-1-76, and shall meet the approval of the Spokane County Zoninq Adminlstrator. - 8- • 1 r I . RIEGEL HEIGHTS IdO. 2, (Continued) PLANNED UNIT DEVELOP1ViENT• D. REASONS : I. The staff is of the opinton that PUI)E-1-76 and PE-1058-76 comply wtth the development poltctes of the Comprehensive Plan, the Staff notes that the Planned Unit Development concept allows areas to be deveioped to single famlly density requlrements wtth mtnimal fmpact and disturbance of natural terrain and adjolning stngle family restden- tial development. 2. The project satisfies the purposes of the Planned Unit Development Sectlon of the Zoning Ordlnance. A planned unit development has the following purposes. a. To permit flexibillty [n design, placement of bulldings, and use of open spaces, lncludtng modlfication in requlrements for !ot frontage, butldtng setbacks and design of ctrculation faclllties to best use potenttal of sites characterized by special features of geography, topography, size or shape. b. To encouraqe a more creative approach ln the development of land that wlli result in a more effictent, aesthetlc, and desirable environment !n harmony with that- of the surroundtng area, while at the same time malntaining substantiaily the same populatton density permitted in the zone In which the project is located. 3. The Staff notes that the denslty of the Planned Untt Development project ls considerably lowet than the maximum density that the Agri- cultura 1 Zone would allow. 4. The Staff ls of the opinion that the preltminary plat and PUD plan in conjunctlon wlth the stipulated condttions for neighborhood traffic circulatlon, publtc water supply including ftre hydrants, sewage disposal, amply open space, recreation areas and the design requlre- ments of Chapter 4.20 of the Spokane County Zoning Ordinance comply with the purpose and provisions of the Planned Unit Development Section of the Spokane County Zoning Ordinance. E. STAFF ENVIRONMEILTTAL REVIEV: As required in WAC 197-10-320, the Staff of the Spokane County Planning Department revlewed the environmental checklist submitted by Mr. Robert D. Riegel for a preliminary plat and PUD. The proposai ls located approxlmately tn the SE 1/4 of SW 1/4 of SE 1/4 of Section 23, Township 25 N., Range 43, E.W.M., adjacent and north of 16th Avenue approximately 500 feet east of Carnahan Road. The proponent is requesting to subdivlde ten acres into eleven lots to be developed tor stngie family dwellings units, creattng a gross denslty of 1.8 unlts per acre . - 8 A - • , r ' PI,ANNED UNIT DEVELOPMENT: RIEGEL HEIGHTS NO. 2, (Continued) The slte is located on 10 to 20 percent sloping terrafn with rock outcropping and sparse coniferous timb2r. The Staff revlew has tdentifted three potenttal areas of environmental tmpacts. First, and common to alt subdivtsfon, is the ' increase of motor vehicle trafftc and all the effects associated therewitho These would include such impacts as Increased alr pollution, speclfically suspenc3ed partlculates from unLmproved streets, increased noise, and increased public safety hazards frorn traffic. A second potenttal environmental impact area consldered was the increased demand on public servtces and utlllties. This would Include such factors as increased requtrements for police and fire protectton provisions of addt- a, tional school, park and recreatlonal facilttles, and addittonal maintenance requirements on all county facilitles and roads. This would also lnclude such impacts as associated wlth extension of utiltty lfnes (power, natural gas, telephone) and the provislon of suitable long term sewerage, domestic water, storm water runoff, and solid waste dlsposal systems. A third potential environmental tmpact reveated by the Staff evaluation In- volves the subsurface injection of sewage effluent and storm water runoff. This waste water placed at a depth will percolate downward toward the Aquife rather than evaporating back into the atmosphere as under natural conditions. A portlon of the contaminants wlll llkely be filtered out of thls waste water, bufi the resulttng quality has not been determined yei. A total of approxima- tely two acre-feet sewage effluent wiil be disposed of annually. The concluslan of thfs environmental checklist review Is that no slqnlflcant environmentat impacts will likely result from the proposal if the specifled mlttgating measures are adopted. Therefore, lt ts recommended that a Deciaratton of Non-Sl,qniftcance be Issued and an evlronmental impact Statement not be required. -8 B- • ~c~ ~ ~ . c r•_ ~ : • , -17 . ~ , , • 1d1 ~ ~ i • ti • , ~~y` ~ 4, y~ , ` ~ ~ 1 ~ l ~ ` r ~ IV ' p t. ~ ~ .0-+" ` J , . 77 1 ~ w ~:it~j lr • ''~'a • ' ~ ~ s , b " , ~ f y ~r . • ~ r ~ ~r ~ ~r ~~w ~ ~ - ~ ~ / ~ , r , ~ i' ~ ~ ~ } • ? ~ ~ , ~ ~ . ~ •r- ~ ~ T ~ ~ r~'' ~ • . ~ ~ - . ~ P t , ► r . ~ ~ . ` h' -~:~~J f J •L,~ ~ 3~~"2~~ ~ L ; L~ ~ E ~ J ~i.r►v, ~ C~ ~ • - 1 _ - - • ~ . ~ a v L ~ F' ~ -'(t ...r„~•"'. ; ♦ , y ~ . i ~ ~ ~ 1 ' ~ t-•`~ ~ ' S ~~511 . . ; ~ ~ r ~,...y__r~ ~ ~ •v ~ \ ~ ~ ~ fv~l ..n• l1~1 / r-- r, . ; s ! • , 1 t ~ N o . 80 1314 IN THE MATTER OF CLARIFYING RESOLUTION #79-1341 CONCERNING ) RIEGEL HEIGHTS PLANNED UNIT ) R E S 0 L U T I 0 N DEVELOPMENT (PUD-1-76; ) PE-1058-76) ) WHEREAS, on November 12, 1976, the Spokane County Planning Commission approved PUD-1-76, Riegel Heights and required the applicant to submit a final development plan to the Commission wi thi n one year; and WHEREAS, the Spokane County Planning Commission on November 17, 1977, gave final approval to PUD-1-76, Riegel Heights Addition which recommendation was concurred by the Qoard of County Commissioners on December 29, 1977; and WHEREAS, on August 17, 1979, the Spokane County Planning Commission approved a Change of Conditions on PUD-1-76 in which a parcel of property originally included within the PUD was deleted and an additional parcel included, said parcel as altered to retain the designation as Lot 12; and WHEREAS, pursuant to Spokane County Resolution #79-1341 to specifically indicate that a certain portion of Lot 12 of Riegel Heights PUD as finally approved by the Board of County Commissioners on December 29, 1977, more particularly described as: Parcel A, hereinafter described be deleted and in its place include within PUD-1-76 Parcel B, hereinafter described. N014, THEREFORE, BE IT RESOLVED by the Board of County Commissioners that Spokane County Resolution No. 79-1341 is hereby clarified to provide that Parcel A as more particularly described in the attachment hereto is deleted and/or vacated as well as not included within PUD 1-76 and in its place Parcel B is included having the designation as Lot 12. DATED THIS -;2 7 DAY OF ~ 19~0 . BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON , ATTEST: ~ zza U ERNON W. OHLAND C k of the Board By: ~ . , _ ~x K : 80 1314 - - rafr,r1. "I.": 'I'hat partion of Lot 12 of Riegel 1-ieigl7ts Plana-Lect Unft Develop- menC describcd as Beginning at the NW corner of said Lot 12; thence E along ttic N line of saicl Lot 12 r adisLance of 429.90 feet ko khe NL corner of said Lot; kiience N 00° Z6'08" E, a1ong tiie Elirie of said lot r a di,tance of 70,00 , feel, tlience S 63°DO"00"W, c-i distance of 425.00 fecC; t~~ence S 39°10'00°'W, ci distance of 03.68 fcet Lo thc W line of said Lat; Ltience N 00° 1. 1' 28"E, a ' disCatice oE 327.82 feer to the POLI. , PC-irc-cl "B": Ti7at portion of t1~~ SW 1/4 of ktie SE 1/4 of 5oction 23-25-43 ' clescr°rbed as follows: Beginning c-it tlie SW carner of Lot 11 ,Riegel Heights Plc-inncd Unit Developnient; thence IV 00°1_1'28"E, along tFle W line of said LoL J. }.a disLance of 150 . 09 feet La the I~~~ corner of said Lot 11; tI-ience S 89°48'3 3"E, along the North ]ine of said Lot 1.1 , a drstance of 200 .00 feet to tt~c WesC lilie of Lot 9 in said Dcvelopment; thence N00°11'28"E, ~~]ong said W liner a distance of 388.79 feet Co a }Daint N' 00°11'28"W 327.87 feeC troiii Llic NW corner of Lot 12 in saici Dcvclc~pnierZti tl-ience S 39°1Q'0D'"W, ca ciistc-ince o[ 508 .75 fec- ti r}ience S 00 0 3 1 "28 "Wr zi disCance of 143.37 feet 1.0 a poanL 30,00 feeL N of the S 1ine- of saicl SE 1/4; thencc S 89°48'33"E, parc-i11el with said line, a disLance of 120.00 feet ta Llie POO. A11 in Sectioi-k 23, Townsl-iip 2S N , r Range 43, E,W,~1, pN PROPERTY, LIST OF OWNERS AND PERSONS PA~TN~ TAXFS t ? 6 Owners and Persons within 400 feet o Spokane County Code Number: PtTDE-1_ Family Reside Appllcation ntial (R-1) , is for a Zone Chan~e. Aaricultural to Sinqle ; list of names and ; I hereby certify that the following prepared from the Certification of Title CompanY the following ~ Pages has been of this and knowledge correcto addresses consisting to the best of my RIC ~~E INSURANC~ st availab e recor and is ~qNSAME _ ~ late / For - - i (Title Company) Signed by Date : ~ ADDITION LAST GRANTEE IN CHAIN BLK 0) AND ADDRESS LdrS , OF T ITI~E ~ PERSONS PAYING TAXES_ (T) , ~ o CQD , I ~ a--~' ~ ? "f <✓~^i, ~ ✓ ~ T ~ 0 T I 2r 1 ~ As ~ °~i ~2 , T' , i ot7~ 1 Z' I S:~at ~~z3rt of the ~i.:st 330 ieet of the .'dor!n~:est nL'a1'tEX of the ~p DAO,jD ,?f - ;owTi_.ii.tts 5vvui'ttt, Fa>>.7e 3 La~[ ti'•?•., i1 ~7~ C?u~,rtcr ~.n ScC.:~Q: ? Y r , , Spoxa.Ze Count~y, S,iashington, ly,ng rorthe~31 of l6th Avenuc ~5tat~, y D,3 0 )409 'Y'ON, lashe¢ b~r deeu dated April 24, 1964, filed t•say 12, 1964, uiider Auc3xtt~rA~.~e' I'i1e ~~:o. 171ISC, E:,CCP't'tNG therefrom the East 20 teet ana Carnahun Foad along tne 1je;~t , T „ ~ ~ ~ bounc~Hry r '~~,the tiarch Ha2f of 'hc vacaLeu portion of 16th Aver,ue Is ~r.q be~t~ecn ~3,~ ''~31~ Cast :ight of wal lxnc o£ Csrna^ai: Road ar,d che wssL ri7}:t of 4i 0 ~ Xz.~e cf Tbt,h Avenuc realiynment as ~urveyed Apral 26, y9~~, ~nci • Ocla:7~r ft, 1963, as Ehown vy thi; iicld notes and alut on fi2e :ii Lhc -J T offiee of the County Road Engineer. . r r ~.-r r-. . _ ° T .a~l~ ~ ~ 6t ' _ _ ~~~JJJ T ol . 1 z~ m ~ 0 ~ (Continued on next page) T' ' ~ 1 LIST OI' OWVERS AND PERSONS PAYI11G TAiCES ON PROPERTY LAST GRANTEE IN CHAIN ` ADll'tTI01T OIp T7TLE (U) AND Y ING TAXES ADIR ~ ~ LOTS R~ ~K ' - A ( T ) k ~ rcion oE the `dest 165 Feee of tlie East 330 feet of the West 6'~ o A i;ortn::est Quarter ot the ?:ortheast Qiiarter of Sectlon 26, Town ~ i eh, Pange 43 E. W. %i; , lying Southcrl.y of 16th Avenue, situaCe li n Coun[y, Washington. e ~ o r f 'r I P T ` y ~j~GE'~ eah6let &5;z" /~V r 330 rrgr or rt~rr wrsr 660 R Fasr ~r or rxa xonr ~ 6 0 ~ AAT~'R Ol ?'Nl XORt'NaA3t QVARTSILLAXaTTt' sgcrrom f ~ ra 25 NORTN, RANOr 43 6Aar or rxr T,~~~ B~~-~-- ~ ~ ,7 EXCEPT zAr HoRrx 30 rarr rrrcRror; srrvir , ~ ~~o l~ ~ ~ oAAIrr Covorr, NASXIMOTOX. o 6t , T 4 st 165 feet of the West 660 feet of the Northwest Quacter of the Y l st Quarter of Section 26, Tawnship 25 North, Range 93 I;.W,M , 6th Avenue on the Noi7h; situate !n Spokane County, Washin •n. T ~ l~'ai~ ~ - - 0 ~ T , ~ ~ 0 • ~r.---~" . p T 0 + , ~ , T / f 5 t v 1 ~im n,ELS, &Jr.) ►Al S 2~ ~1qoe~ So ! 0 T 1 i • ~ ~ ~ O ~ • • ~ ✓ T , Sc~~r, % MT-- cs, ~A6 t P E ~ SA~~T , ~ - T - , , ( Continued on next parrP) ~ LIST OF 0WvERS AND PEERSONS PAYING TAXES ON PROPERT`I ~ LAST GRANTEE 7N CHAIN ~ 0F TITLE (0) AND ADllITION , ADDRES LOTS BLK PEPSONS PAYING TAXES (T) ~ . ~ ~ T --rf o ~ ~ ~ , S/o~,~ s~dd, o I'V 1, SJAOt~E~ S160N,~',~~uaR1~/ T ,~~°~0~-✓~ ! c% ~ ~ T ~ ; ✓ ~ ~ kmem ~ .';tCt Of 'i } Ot the tiL 1 of the SC 4, 9f SPC. .'.3, 'S Vc~tlh, t2ir1 C~{,~. i / i~f S1uolt.liie lOlintV, ,',ltin- lon t:r•.r t tT, ~erf ;i^, t oi iCiati ~'r~;inr,tnr al ll,%- ~~~utl~rrc -t c-trn, i oi ihf' I)if 5 i 1, 16• ;.is 1, ~~f ihC ~ n~~ ` i c1 .rerik 11 ~ ui~l riirii, int• tlio ~trC t~° 0° 3: t/,i' ~t~• :t 1 tIi et..i.,°C ei 137 ,:i ttl.,nrc Not tit ;:'t° 27;a ` T :is: .t Ut ul 'J .1 ILct t„ t'ic; t r r r1 n r/;~/~r ,I1 r ~t.liti C ~ ••k,i c,i 711a~1r' ~ L11CI1CP rh'1 tll QV 3.i, 3//j 1 l'~CSt A[12St f1~i.t~ Of ~~S.y 1 CCC. 1 ~1eI11 C ill ' Q ri,rv~ nf Rari{us 45 Ee~t e~%t~~rly n diRtanre of 64.9 irut, fn-itce neith' 13 3/4 ' ;itql a dtstantC oc u1.1 fccl, thcctcc tiI-iith 0" 32 3:/4' 1,'a i a ancc rl 135.4 fcet, thc:r.ce So.ith 8i2° 13 J/4' :;c5i a (sietan:r nt 1~J0.6 , Z° io the trut pu_nt of bef;inrung, except the South 2.5 icec ticreuf. i~ oSA)- ME As ~13 Lo; 2 psloC,~ 1 -3 hzvys;s T ~ /a C ,C'~ S 1019-10s o Q l f T ~e.-~.~~ ~ 1 0 ~w4e!57 AT :;tl.3 Zo I ~ / /Srd~ ~s 44J / ~ ~ ~ ~ T U VThat ortion of the Souihv'esc quortcr of che Southeasc .M., ~~(~~AAM ! ~Iyv~~ ~ cr of Section 23, To.qnship 25 P~orth, Range 43 E. ~bed as tolio~.~s eginnin9 ac a po,nt 30 ree[ Nortn and 30 feet ulheast corncr of jhe Souchtoes[ quartcr or th i T uarter, Cncnce «Qrth along the 'dcsC line of 5 ~ IIS fcet, thcncc t:orth 73 13' 27" ~~est 1?9.9 ~ Soeth 152.42 fcet norc or less to a poinC on O 'line of 16Lh Avenuc, thence Easi alony the H ' f 16[h Avcnuc 125 fe-ct more or less to the tr T of beginning, ~ i Situate in the County of Spol.ane, State of Was~~~gton 0 T . ~ lzalf o£ the t'est half of the ;;ortzez l~ o ez ~ t rtheast c~uarter of •Section 26, aTowas , ng-z~ 43 -E.':1.rt. ; . tll~ UCi ' 2' n tna Cdunty of Spokanc, Stato of iti~a C~L ~~o-~, ~ i- 1-~•~ I o E~ L T (Continved on rpxi-, pnl''o) ~ ~ LIST QF OWNERS AivD PER ;ONS PAYING TAZ.ES ON PROF'ERTY LASf GI~ANTEE IN CHAIN i _ a?~ ~~1~~LE (0) Ar~D ~ ~~~~~~o~ PERSONS PAYZNC TAY.ES (T) ADDRESS L41S BLK ac) o wz~~ - ~rti- t- O~ ~hc ~.-ctititW~s~ .~uartor oi 5c~.~~J~ :'o,cAh, nanc~~ .~3 E .Sf.h~. c:escr~bed as rC7~kQ47S' I T P,)a,-It "sJ foet .+TCSt 145 fart North af the ~'.outh4a,;C 0'' C?~Sc1rL'CT af sax~a t::CflCc 12'' 1?' 27 259. BFs Coet ~ thcrcp nin~:tn $lb f ee:.r the~t~.i: Norkh 0 , L-<<- 65 ~J2 ~CeC~~; t`~L$;7ti~e SQlli~l ~°~v313~7~~ E'nbC 218.7 feBt 30 yieot af~ t}tie r'a::t J,imc, thcn€.e SouLh 4°35'34" East to ttic vm-rt of beqs.nn-lngf T in t,`a CouF~`.• o; 5r,c~i.are, Sta4e of 4iasha.ngto:yi ~ {i on o~ t11Q Soui.i:west quarter of Lhe Snotncast auartrl- ~ ! ]l Z3, ''C3hi3:171i]_25 i:U~4~,_~2~►~e-4..~ i.AE~. F7.i~.. 111 54'~G}:a:5e tnn, eescr.m~qcl a;, foliotNs{ ~ AS xnq ar. Lh, ta~.*theast corner a£ sai-d Snutha,-est quartez aE ' t}ticaut c(►iaxlc:r, i.hcnce North alonq t'r,e :.ast linc* thcreof, I ~€c-,ct to tEjc triic poi3bi, of bpgxnning; titenca wosll- 3G ILC'4f I - ~i7arth 611 30' 16° Gse~,t, f07.3fi foek; t,,erce ~,esti 1s7.32 ~e I l ' 1'ort]1 S~rU.$3 fepi~^ ' t-h , ~rice EaSt 35Q $~;~+t ~~r~ tnp FZS~ ~~rlh ~ ~I tL .;i+uth4sLtit quaZtr.; OE th(_' q>>tzictrrr, tl,! .3Cc iouth I ~ a~oncl .^irZ1d Iin(,, 640 Er.et to k;ic trtac polnL r,f bcginnizig. * I - - - _ - . . _ ~.Y ~ _ , _ T i z . Tth Fi~] t aT tMe }Ialf af tMe 5autihcA$t quarter 0 ¢ e~st ~u~xr~~T ~ ~~ctlon 23, '`o+~rssMip 25 d a: t+~, -~nre ~ 1 0AI- . 0 ~ ~y ! 4 I J4 I A' • ~146 YS, ~I / ka i.D +0, ~ _ I4 i T _ =_I ~ ~~:~~2~ cs I ~ = 3 ~~~~-h' -~a ~ %ii~=3 * ~I C~~ d'~lF ~ mm y 0 ~ r~1 i ~ a ~~~a ~ ~ ~ 9 _ ~ 5 c~ ~ ~ ~ ~2,~- eO T 0 T ~ . T (COf"k~inoGd bXL I7eXt T)e3,rr') _ • ~ LTST OF OIJNERS AND PERSQNS PAYING TAXES GN PROPERTY LAST GRIaNTEE IN CHAIN ' - Or '`ITLE (0) AND ADllITIO~i FERSOI`1S FAYING TaXES (T) AD~RESS LOTS BLK , ~ .nrLio~ o. 'he ~asL iial f of t;~e 'ortnwest ~?uarter of t1C'3 26, ~C .1Sh1n 25 ortli,- a c111g2 43 .s7St 1fl ca Cou . t, as`►i na ton , ciescribed Ps Coliovs . ~ 1 ~✓_'~f~~~~ ►~1 1^ c'tt t}'1° .or~neat;4 COY'I121' OF Sf?1Cl Pnitflwnrt ()uarL(-r- i~+tl cl~.'~'1' ttl'_:$sL line of 53l<7 ~7orthyrest nU%1itC'J" i.Or~ .:rt-e_1 ~ line of ''iqh4 of 'tay conveyecl to Spol,anc anu ' s'•zil.:al Co--)zinf, thence ':orthwr_stecly alony E'ie 7urthe ~ I Saic. o,` +'ay to the nost :1cstorly carner ot Lol ~F ''J: - 7 (np 1 JuCc_t^_4a) dS S}16'Il by t'le T~la.`. of OT.D 11f1?Ir PAp}~ ~ lC ; 1n~ reCOr^.C'C: Lil V41L`ill°_ "F" Oi PLaLS, PBCJe 16; ~ ~ c alrnc ;he +estorly line of s.1<1 Lo*_ 4(-a CO..:.lir•e of Pros )act ',ti,Enae; thence ~~orth`.ast_er1 ~ S; ~:os-3ecl- i,.,enue "o the Southerly linc of ,,ot 3 in Blr,6 s-, .n ;1, :.n: ~,la of +7TD ,10' whlcn point is the So"~ y c- ti tie linA r a inc~ a Cistunce of iGS 62 feet on thc Soutll ^al:_ O` 3c~1(. /.Ot l, thence LlOrt:}ll1PStBrIV and 'lo~'t}~er]'f T ~ a~ ^,dtn^_a ytnrL1 l~.ne of Prospect ~ianue to the Southe~• - c,` L,,t 4 if; Faloc: 1, of 0:.,D I'n•?: P71;t!t; thence Morth ai' `-c :-s ire of said Lot 4 to the ;lortdi line of the Northwes~ v 0 ''ie.ice ,;ast along saic7 :+orth Izne to the point of l ~ Lr.g, T ~ ~ ~ o ~ ~v LA tio .s ~~-C~ - ~ . T v i 0 T , 0 x 0 T 0 , T 0 T 0 ' T ~ 0 ~ T (Continued on next page) ' 1 • ' 1 NO.~ BEFOHE THE BQARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHZNGTON. PE -1 05 `~~7 6 PUDc-145 , ) I~J T4I E ~ ,`~TT i '~u~~~.~ , ' ~ ~ I~I~u T.paIE ~=IF~LYL PLAT OF ~ PIEPL: d :;e° L:~T U 6tr- ~~~~~~~TS ~ PLAeT Ie`a SEG T1W~ 2~a~ ~~Ll9GE 43 EX.C1. ~ R E S 0 L U T I 0 N SPOKAdE C4U~"lYY, 1-lASHIOG7OW ~ ) ) ) BE 1T RESOLVED BY THE BQARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON, that the final plat of • REI"d.~J Ju: LiJ Y J1- 1 lS V4d1 I DEVi:.L0P6 DENT - - _ o _ _ . ` - -ieid:c; ~s'.1,:.;ai vi sion of ~~or':i on of S1.1 1/4 of SE 1/4 of Secti on 23,) Tet•iris~~~ ~~5N, R~~~o 43 E.UoN., Spofcane County, Washington. more precisely described in the plat dedication, on the recommendation of the Spokane County Planning Commission, be, and the same hereby is approved, with the exception that the public rights of way dedicated in this plat will not be established for maintenance purposes until the County Engineer has certified that the roads have been improved to County standards and approved by a separate resolution of the Board of County Commissioners. PASSED BY THE BOARD THIS DAY OF 19,~1' r BOARD OF COUNTY C014MISSIONERS OF SPOKANE COUNTY, `WASHINGTON RAY W. CHRIaTEiia , 3 , -T HARRY M. LARNED ` ATTEST: VERNON W. OHLAND C r of the Board By ' ~ I . ♦ • 'f.•Yr.4...yi -P~1"''' 3jC~E '"--NAI. PLJ►1' CUI:CK LlsT ~ 9 l . t'11141 !'14A l.u(oyUJ 2 . SuVd,viyiun ikdii,u 4. spol►sor(5) ikuliku (5) 5. Esiqindor ur survdyor 6. Sheet stzd 29" X 36" 7. North Na►t nt , bcalU (1006 - 1" or 2 00' C4 8. Bo u ndery Line 9. Locatlon b widths of proposed stceets, elley8, ri9hts ~ oE way, easd me nts , park a, opan spacee, b proper lal,eling of apacds to be dedicated to the public lU , l.ayout 6 nankds of adjolning subdlvlstona V C~ a. Repldts - Ldyout & Name of the replat shall be ahown Dy dashed llno8 ' 11. Strdet nwmus - cuiislstent with exi9ting streets in city diui cuunty. - Check aq##nst names on 0 K round i►dme wheel. . . 12 l.ot sizes - i. e., 80' X 125' wlth 10, UUO sQ. Et. for Bingle tami! y !ot Cul De Sdcy - 80' at buildhny line , 1,3. Layout, numberb, anci dinidnsione of lots 6 ~ parcel s ~ 14. Necessdry Unyli►uc:rinij. ddta 15. Uoea ded,catiusi 5tdte ;►t /rivividudl wdtdr and/ot OK publtc sewers will 1)e Nroviddci in accordance N+lth preltnanary p1dt of approval. !b. Notarizecl ceciiiicat~on by a protesbjondl lanci O Y C~ Surveyo[. 1 17. Privaid [tsbtric;tlon5, ti aily 18. NuinWr anci tyNu ut unita 19. Decilcatiun uf ytrabts to the Nubltc wn t e- r in K lU . Edsdment v~~~~~ccitlon 6 Illuytrotlon _power ,w 21 Ghec;k easdiilvlit5, clouds on Nropecty, , dtc; . -niinn~ 0 1(~ ttuin 'f ►tla Ru Nvit ~QK r_ y.. - FINDINGS PLANNEL UNIT DEVEL4PNENT (Ffnal) PUDE-1-76 - RIEGEL HEIG-HTS ADI?ITION NQ. 2: RIEGEL I. S UIVi MA RY; November 12, 1976 the Spokane County Planning Commission approved the Preliminary Ptanned Unit Development for Rlegel Heights Addltton No. 2, and requlred the applicant to submit a flnal development plan of the proposed prof ect to the Commission wlthln one (1) year. The applicant's orlglnal request was for an eleven (11) 1ot stngle famfly residentlal subdiviston, PE-1058-76, wtth private streets, security fencing and security gates. The only legal means by which the subdivlsion could be establ.ished wtth private streets was to incorporate the s,,Ubdivlsion request with a Planned Unit Development proposal. The appllcant's proposal is compatlb[e with adjacent and surrounding tand uses; !s consistent with the Spokane Regional Comprehensive P1an and the development policfes of the Compcehensive Plan and the purpose of Chapter 4.20 Planned Unit Developmenfi; has or can provtde adequate provislons for circulation, sewage dlsposal, vdater and flre protectton. II. MINUTES OF NOVEMBER I2., 1976 PIAIVNED UNIT DEVELOPN►ENT (Prelimtnary) PUDE-1-76 - PLAIVIVED UNIT DEVELUPMENT FOR REIGEL HEIGHTS A DDITIGN NQ. 2 Planninq Commisston Recommendatlon for Preliminary Planned Unit Deve.L opment: Approve PUDE-1-76, Planned Unit Development for RleQel Heights Addition No. 2, subiect to the followinQ conditions: (Vote was unantmous.) C. C4NDITI011IS; 11 The advertised property shall be developed in substantlai conformance wtth the preliminsry development plan. 2. The applicant shall wlthin one (1) year of the date of the preliminary approval submtt a final development plan of the proposed development for approval by the Planntng Commfssfon. 3. Provtsions for the controi and preservatlon of future prfvate rights-of- way shall he made prior to the finalizatlon of PUDE-1-76, and shall meet the approval of the Spokane County Zoning Admintstrator. - 8- ~ ~ - ~ PLANNED UNIT DEVELOPNENT; RIEGEL HEIGHTS 1VO, 2, (Contlnued) D. REASONS: i. The staff Is oi the opinion that PUDE-1-76 and PE-1058-76 comply wlth the development pollctes of the Comprehensive Plan, the Staff notes that the Planned Unit Development concept allows areas to be developed to single famtly desstty requlrements with minlmal impact and disturbance of naturat terrain and adjolntng single famlly residen- tial development. • 2. The project sattsftes the purposes of the Planned Unlt Development Sectton of the Zoning Ordinance. A p,lanned unlt development has the followlnq purposes. a. To permit flexibllity in deslgn, placement of butldings, and use of open spaces, includtng modlfication in requlrements for !ot frontage, butlding setbacks and design of circulation factlltles to best use potentiat of sites charactertzed by special features of qeography, topography, stze or shape. b. To encouraqe a more creattve approach in the development of land that wt!l result fn a more efflctent, aesthettc, and deslrable environment in harmony wlth that of the surroundtng area, while at the same time maintaining substanttally the same population density permitted in the zo.ne In whtch the project is located. 3. The Staff notes that the denslty of the Planned Unit Development project is consfderably lower than the maximum density that the Agri- cultura 1 Zone woutd ailow. . 4. The Staff is of the opinion that the preliminary plat and PUD plan in conf unction with the stlpulated condltlons for nelghborhood traffic clrculatlon, pub lic water supply including fire hydrants, sewage dtsposal, amply open space, recreatLon areas and the design requlre- ments of Chapter 4.20 of the Spokane County Zoning Ordinance comply wlth the purpose and provlsions of the Planned Unit Development Section of the Spokane County Zoning Ordtnance. E. STAFF ENVIRONNaEILTTAL REVIEV, : As required in WFAC I97-10-320, the Staff of the Spokane County Planning Department revfewed the envtronmental checkllst submitted by 1VIr. Robert D. Riegel for a preliminary plat and PUD. The proposal ls located approxlmately In the SE 1/4 of SW 1/4 of SE 1/4 of Sectton 23, Townshlp ZS N., Range 43, E,W,M., adjacent and north of 16th Avenue approximately 500 feet east of Caraahan Road. The proponent is requestlnq to subdivlde ten acres tnto eleven lots to be developed for stngle famity dwelltngs units, creattng a gross density of 1.8 units per acre . - BA - ~ PLA1\TNED UNIT DEVELOPMErJT: RIEGEL HEIGHTS NO. 2, (Continued) The site Is located on 10 to 20 percent sloping terrain wtth rock outcropping and sparse coniferous timber. The Staff review has identlfied three potentlal areas of environmental impacts. Ftrst, and common to all subdiv[slon, Is the increase of motor vehlcle trafflc and all the effects assoclated therewitho These would tnclude such impacts as lncreased air pollution, speclfically suspenc}ed particulates from unimproved streets, increased nolse, and increased public safety hazards from traffic. A second potential environmentai tmpact area considered was the lncreased demand on public services and utillties. This would include such factors as increased requlrements for pollce and fire protectton provisions of add1- ~ tional school, park and recreattonal faci t[ttes, and additlonal maintenance requtrements on all county faciltties and roads. This would also tnclude such tmpacts as associated with extenslon of utility lines (power, natural gas, telephone) and the provlston of suitable long term sewerage, dome5tlc water, storm water runoff, and solld waste disposal systems. A third potenttal envlronmental impact reveated by the Staff evaluatton in- volves the subsurface injectton of sewage effluent and stor•m water runoff. Thls waste water placed at a depth will percolate downward toward the Aquife: rather than evaporating back into the atmosphere as under natural conditlons. A portion of the contaminants wlll likely be ftltered out of this waste water, but the resulting qualtty has not been determined yet. A total of approxlma- tely two acre-feet sewage effluent will be disposed of annually. The concluslon of this environmental checklist review Is that no signiftcant environmental Impacts wi[I likely result from the proposal If the specified mltigating measures are adoptedo Therefore, lt Is recommended that a Dectaratton of Non-Siqntficance be tssued and an evironmental Impact Statement not be required. - 8 B - ~ \ AFFIDAVIT OF MAILING STATE OF WASHINGTON) ) S.S. COUN~I'Y OF SPOKANE ) fJ ~ilip. . J , being f irst duly sworn on oath, deposes and says: That I am a citizen of the United States of America and a resident of the State of Washington over the age of 18 years. That on the day of 19 I personally deposited i.n the United States maZl at certified, with sufficient postage prepaid, a true and orrect copy of the agenda page, a copy of which is attached hereto and incorporated herein by reference, to the recorded real property awners, and taxpayers, as shown on the Spokane County Treasurer's records as of the _,.~,`c,%l day of , 19 withsn 400' of the sub3ect property. The notice~ re addressed to those i.ndividuals and sent to those addresses as indicated on the attacYmlent attached hereto and inoorporated heres.n by reference. Dated this ,Ay-,(, day of , 19 , SUBSCRIBED AND SWORN to before me this ,,f<A4day of 19 v l Public in and for tYie State Washington, resids.ng at Spokane w~ ~ Af • tit , ~~I~L~1 v~~ ~ ~ '~j 1 ! ~ ~ ~ 1 ~ ' ~ ~ 1 PLANNING DEPARTMENT BROAOWAY CENTRE 6UILOING N 721 JEFFERSON STREET fp PHONE 456-2205 , SPOKANE WASHINGTON 99260 ~rO-aNL Counrr Gouai .iousc PLANNING COMMISSION TELEPHONE NO• 456-2205 AGENDA, AUGUST 17, 1979 Time Friday, August 17, 1979, 9:00 A.M. Place Broadway Centre Building, Second Floor North 721 Jefferson Street, Spokane 9 00 A.M. ' l. Staff Reports a) Director's Report i b) Update on Spokane County's Comprehensive Plan c) Fringe Area Study d) Airport Influence Area Study ^ e) Proposed Mobile Home Park Ordinance Report ~ Review of staff analysis and set date for public hearing. ~ f) Discuss Proposal For PUD's To Be Heard By The Hearing ! Examiner Instead Of The Planning Commission ' g) Report On Land Use Study For The Sullivan Road Area , r, 2. Long Range Planning Subcommittee Report 3. Legislative Development Committee Report 4. Public Hearing a) PUDE-1-76 and PE-1058-76: WARD ' A request for Change of Conditions b) PUDS-2-79• AAKER A request for a-proval of a PUD and a plat relative to a recent Hearing Examiner Committee zone change approval. 1 30Pti c) Planninq Commission Action on the "Goals and Objectives for Spokane Countv's Comprehensive Land Use Plan, P1ay 24, 1979, as Approved Bv the Citizens Coordinating Comeni ttee." PLANNED UNIT DEVET"'DM.ENT - CHANGE OF CONDI"" __NNS ~ . - , P DE- -7 a d PE- 058-76 Rie el He h Planned nit Devel 1. U 1 6 n 1 , a :La ks T.J oument a. Location: Section 23,Township 25 N, , Range 43 , EWM The Final Plat was filed acember 8, 1977 by Board of County Commissioners' Resolution No. 77-1430. b. Requested Change of Condition: Consider changing the boundaries and area of Lot 12, Block 1 which would delete a portion of said Lot 12 (Tract A) and incorporate wnthin said subdivision a new parcel (Tract B) , The property is described as follows: Parcel "A": That portion of Lot 12 of Riegel Heights Planned Unit Develop- ment described as Beginning at the NW corner of said Lot 12; thence E along the N line of said Lot 12, a distance of 429 . 90 feet to the NE corner of said Lot; thence N 00°26'08"E, along the E line of said lot, a distance of 70,00 feet; thence S 63°00'00"W, a distance of 425.00 feet; thence S 39°10'00"W, a distance of 83 . 68 feet to the W line of said Lot; thence N 00011' 28 "E , a distance of 327.82 feet to the POB. Pa.rr.el "B" : That portion of the SW 1/4 of the SE 1/4 of Section 23-25-43 described as follows: Beginning at the SW corner of Lot 11, Riegel Heights Planned Unit Development; thence N 00°11'28"E, along the W line of said Lot 11, a df stance of 150 , 09 feet to the NW corner of said Lot 11; thence S 89 °48'33 "E, along the North line of said Lot 11, a distance of 200 , 00 feet to the West line of Lot 9 in said Development; thence N 00°11'28"E, along said W line, a distance of 388.79 feet to a point N 00111' 28 "W 3 27 . 87 feet from the NW corner of Lot 12 in said Development; thence S 39°10'00"W, a distance of 508.75 feet; thence S 00°11'28"W, a distance of 143.3.7 feet to a point 30,00 feet N of the S line of safd SE 1/4; thence S 89°48'33"E, parallel with said line, a distance of 120,00 feet to the POB. All in Section 23, Township 25 N,, Range 43, E.W, M, c. Vicinity Location: North of Sixteenth Avenue, approximately 295 feet east of Carnahan Road. d. Applicant: Riegel Heights Homeowners Association c% Robert D. Riegel South 911 Houk Road Spokane, WA 99216 e. Site Size: 10 Acres f. Existing Zoning: Agricultural, established April 11 , 1959. No change contemplated. g. Proposed Use of Property: Planned Unit Development - Single family dwellings. h. Application of Zoning Provision: Chapter 4.20, Section 4.20,030 i. Environmental Impact: A topic of discussion at this hearing may be whether the Planning Commission has adequate informa tion to a s s e s s the adverse environmental impacts of the proposal, The State Environmental Policy Act WAC 197-10-330 (2) provides that: In the event that the further investigations authorized by this section do not provide information reasonably sufficient to assess any potential adverse environmental impacts of the proposal, an E.I I. S. shall be prepared." Transamenu-, Transamenca ~ Title Insuranco Compr-'* d Title InsuranCe Serv~C North 720 Argonne R, wm% ~ Spokane, Washinpton 99206 (509) 922-2222 s - - - - - ~ I ql ED E 106% E SECOND SEP 1' 1979 CERTIFICATE TO PLAT SP0KRI`Jr COUNTENT PLANNiNG DEPARTM , Order No 99825-M Certificate for Filing Proposed Plat of REPLAT OF LOT 12 OF RIEGEL HEIGHTS PLANNFD UNIT DEVELOPMENT - Spokane County Planning Commission _ N 721 Jefferson ~ Spokane, Washington ~ Gentlemen ~ In the matter of the plat submitted for your apProval, this Company has examined the records of the County Auditor and County Clerk of Spokane County, Washington, and the records of the Clerk of the United States Courts holding terms in said County, and from such r examination hereby certifies that the title to the following described land situate in Spokane County, to-wit All that portion of the Southeast quarter of the Southwest quarter of Section 2~, Township 25 Iiorth, Range 43 E W M, AND that portion of Lot 12, of RIEGEL HEIGHTS PLANNED UNIT DEVELOPMENT, as per plat thereof recorded in Volume 13 of Plats, page 79, more particularly described as follows Beginning at the Southwest corner of Lot 11 of RIEGEL HF,IGHTS PLANNED UNIT DEVELOPMENT, thence North 0°11'28" East along the Glest line of said Lot 11, a distance of 150 09 feet to the Northwest corner of said Lot 11, thence South 89°48'33" East along the North line of said Lot 11 a distance of 200 00 feet to the West line of Lot 9in said DEVELOPPIENT, thence North 0°11'28" East along the 14est line of Lots 9, 8, and 7 a distanced of 194 91 feet, thence along the Narthwesterly line of Lot 7, North 38°12'49" East 230 23 feet, thence South 28°06'18" East 178 82 feet, thence on a non-tangent curve, concave to the righC, having a tangent bearing of North 50°21'21" East, a central angle of 23°04'28", a radius of 50 00 feet, for a distance of 20 14 feet to the Southwest corner of Lot 6 in said Development, thence North 28°06'18" West along the West line of said Lot 6, a distance of 177 82 = feet to the Northwest corner of said Lot 6, thence along the North line of said Lot 6, South 89°48'33" East 273 64 feet, thence North 0°26'08" West 263 18 feet, thence South 63°00'00" West 425 00 feet, thence South 39°10'00" West 592 43 fect, thence South 0°11'28" West 143 37 feet to a line 30 0 feet Northerly of the South line of said Southwest quarter of said Southeast quarter, thence South 89°4833" East 120 00 feet to the point of beginning, (continued) , SECOND CERTIFICATE TO PLAT Page 2 Order No. 99825-M Situate in the County of Spokane, State of Washington VESTED IN DARYL N HEIriBIGNER, as his separate property, as to an un- divided 1/llth interest in and to Lot 12, LYNN L MOHLER and r1F,RIDELL L MOHLER, husband and wife as to a 1/llth interest in and to Lot 12, GARRY D CHAMBERLAIN and LINDA 11 CHAMBERLAIN, husband and wife, as to a 1/llth interest in and to Lot 12, CECIL F JOHNSOrd and LOA J JOHNSON, husband and wife, as to a 1/llth interest in and to Lot 12, TERRY M THONiPSON and NIARILYNN A THOMPSQN, husband and wiie, as to a 1/llth interest in and to Lot 12, DONALD L WOLFE, a single person, as to a 1/11th interest in and to Lot 12, JACK P MASELLI, subject to the community property interest of his wife, if married on April 3, 1979, the date of his acquisition of said land, as to a 1/llth interest in and to Lot 12, ROBERT W. 0'BRIEN and MAUREEN A. 0'BRIEN, husband and wife, as to an undivided 1/llth interest in and to Lot 12, and ROBERT DEE RIEGEL, a married man, as to the remainder of said land hereinafter described EXCEPTIONS 1 1% excise tax, if unpaid 2 General taxes for the year 1979, delinquent in the amount of $245 32, plus interest (Parcel No 23534-07I2) Affects a portion in Lot 12 of Riegel Heights Planned Unit Development General taxes for the last half of 1979, in the amount of $97 32 including t,leed District Tax (Parcel No 23534-9140) Affects a portion within the SW 1/4 of the ST: 1/4 of said Section 23, and other property E't:CEPT Lo t 12 There appears to have been an overpayment for the general taxes for the year 1979 in Parcel No 23534-9140) 3 Liability to future assessments levied by the Riegel Heights Planned Unit Development Home Owners Association. 4 T',estrictions imPosed and easements reserved by the Dedication of the Plat, a copy of which is attached. 5 Restrictions imposed by Declaration of Restrictlons recorded as Document No. 7806150127, a copy of which is attached (continued) t SECOZID CERTIFICATE TO PLAT Page 3 Order No. 99825-M 6 EASEMENT AND THE 'I'ERMS AfJD CONDITIONS THEREOF Grantee ' The Washington Water Power Company, ,a corporation Purpose Clectrical transmisslon line anci telephonc system, with right to place six poles and right of overhang approximately thirty feet North of the South ].ine o E said Southwes t quarter of che Southeast cluarter, together with rzght to remove brush and trees Dated March 31, 1955 Recorded April 22, 1955 Recording No 312318B 7 MORTGAGE AND THE TERMS AND CO€VDIT'IONS THEREOF Mortgagor The Kahuna Land Company, a Washington corporation Mortgagee Robert Dee Riegel, husbanci of Marijane T Riegel, dealing in his sole and separate proper_ ty Amount $110,000 04 Dated Octoher 12, 1977 Recorded Octobcr 12, 1977 Recording No 7710120472 Affects . A portiQn offthrs-and other property S Et?SEMENT ANJ THE TERMS AINll CONDI'rIONS THEREOF Grantee Pacific Northwest Bell Telephone Cornpany, a tJashington corporat ion Purpose Right to place, consL-ruct, aperate and maintain, inspect, reconsit--ruct, repair, replace anct keep clear communica~ion lines with ingress to and egress from, and ro remove at any time, any or all of thE coilununication lines Lacation The exact location is not disclosed of record Dated August 17, 1977 Recorded Octobex 20, 1977 Recording No 7710200059 Affects Riege1 Couzt 9 The ef fect of the fail tre of the owners to execute the Owner' s Declaration on the face of the recorded Plat of said land 10 The effect of consent affidavits to change the boundaries of Lot 12, executed by Lynn L rlohler and Meridill LMohler, et al, recorded July 24, 1979, as Instruments No 7907240362 and 7907240363 (continued) a S EC OrdD C ERT IF ICATE TO PLAT Page 4 Order 13o. 99825-M NOTE 1 A Special PowEr of Attorney recorded July 24, 1979, as Document No 7907240355, sufficient in form to authorize a conveyance or mortgage of the herein described property, executed by Property Owners to Joseph G Ward NOTE 2 A Special Power of Attorney recorded July 24, 1979, as Document No 7907240356, sufficient in form to authorize a conveyance or mort- gage of the herein described property, executed by Property Owners to Joseph G Ward Records examined to September 4, 1979 at 8 00 A.M TRANSAMERICA TITLE I U NCE COMPANY B y Rdbert Myler cc Spokane County Engineers cc Manfred & Ward, Attn Bob Bethards mw - Rzrcr,L ITrIG1ITS PLAI'V'LN]ED UiJ I'r ;Vk?LOPtENT - ~ Dedication to the P1at Restrictive covenants and easements referred to in Policy N0 99825-M of the Transamerica Tit1e Insurance Company, whLch are imposed by the Dedication of the Plat of RILGEL HEIGHTS PLANNED UIJIT DEVELOPPEyT, as per plat thereof recorded in Volume 13 of Plats, page 79, as follows Domestic water and an operative public sewer system acceptable to County and State Health Authorita.es and indivs.dual services shall be provided eac}z lot prior to sale i1o more than one cietached dwelling s tructure shall be placed on any one lot, nor shall any lot be further subdivided for the purpose of creating additional lots or building sites without filing a replat Known a11 men by these presents, that Z the undersigned o-vmer in fee simple of the property shown hereon declare this plan and dedicate the same for condominium purposes The drives, walks, streets or alleys and lot 12 therein are not dedicated to the public generally, but are specifically dedicated to the exclusive use and benefit of the property owners as co rnrrpn areas according to the declaration This plat or any portion thereof shall be restricted by the terms of the declaration filed undez SPokane County Auditor's No 7806150127, Volume 337 of Deeds, page 1683 as rECOrded this 15th day of June, 1978 J t ~ ..t. _ _ ' _--.t~.~ae,..i-..,..__..- ._...r -.~Yf., ..._2..Ijt..~w.A.C.Cif1._ _ _--.1..._1.3~~i.r.~' 4 ..~W_ ,.+er'ia..~~+_~!l~~Rw 1 lyJJ rcr 2U[;-r c_ ( V.Jh! J CJ .J ti , ~ JuN I S 26 AN VCR"GV V nll~4ti S1GK4hE CCUNTT AS1l~~ DECLARATIQfI OF RESTRICTIOtIS oFPUrr .r...._ (Enabling Declaratton Establishing a Planned Unit Deveiopment) P O S T O N R06ERT RIEGEL, a Washington resident, hereinafter referred to as "deciarant" is the owner of that certain real property subject to this deciaration, located in the County of Spokane, State of 41ashington, more particuTarly described as follows Lots 1 through 12 of RtEGEL HEIGlITS PLflr;rrED UrJIT DEr/ELOP- MENT., as pFr map recorTe-g'in o-`4~ok 73 ,Pagc SL , records of Spokane County, 11ashingtQn, and does hereby declare and certify as follows RECITALS 1 Declarant is the owner of the above-described real property 2 Declarant intends to improve tiie p►operty by developing 11 lots for single family residences Said lots are numbered 1 thraugh 12, with lot 12 to be held as a common area, all of which is to be designed and designated substantialiy tn accordance with plans and specifications styled RIEGEL HEiGH7S PLnrrNEO UNIi" DEVELOPi•1EN7, hereinafter to be referrecl to as "the project " The singie street in the project is designed as comnon area * 3 Declarant hereby establishes by this declaration a plan for the individual ownership of the real propErty estates consisting of the area or , snace contained in each of ihe lot5 and the co-ownership by the individual and separate owners thereof as tenants in corrmon and as hereinafter set forth, of all of the rematntng real property which is heteinafter defined and referred to herein as "the comnon areas " DECLARAT f Ori Pursuant to the foregoing, declarant does he reby make the follotiting declaration as to division, easements, rights, liens, charges, covenan`s, re- strictions, limitations, conditions, and uses to which the development may be put, hereby spectfying that such detlaration shall constitute covenants to run with the land and shall be binding on declarant, its successors and assigns, and ° all subsequent ayners of all of any part of the project, together wlth their ~ ~ grantees, successors, heirs, executors, adminis-_ators, devisees or assigns• 1 PLAN OF DEVELOPMENT A Declarant, ln order to establish a plan of private unit development ownership for the project, hereby covenants and agrees that it hereby . divides the project into the following separate freehold estates 1 Each of the 11 lots, each separately shown, numbered and desig- nated on the area plan, consisting of sheets, recorded , 197 , as Instrument No. , Official records of Spokane County, Washington, which said plan is incorporated herein by reference, and which ciescribes legally each residential lot. In interpreting deeds, declarations and plans, the existing physical boundaries of the lots or of a lot reconstructed in substantial accordanci with the original plans thereof shall be conclusively presumed to be its boun daries, rather than the metes and bounds or other description expressed in the deed, plan or declaration, regardless of settling or lateral movement and regardless of minor variance between baundaries shown on the plan or in the deed and declaration 2 A freehold estate consisting of the remaining portions of the project is described and referred to herein as common area Lot 12 and > the Street officially named Riegel Lane, consisting of trees and other landscaping, recreational area, walkways, green areas, driveway, patios, and other areas of common ownership as more particularly described in said recorded Lot plan, as hereinabove set forth 3 Each lot, together with the respective undivided interests in the common areas specified and established in paragraph (S) hereof, is defined and hereinafter referred to as "lot" by number and the ownership of each Lot shall include such Lot and suc undivided interest in the cornmon areas -2- ~ 4 The eleven individual lots hereby established for construction of residential homes and which shall be individuall conveyed are described as lots numbered one through eleven of RIEGEL HEIGHTS PLANNED UNIT DEVELOPMENT. 5 The undivided interest in the common areas hereby established and which shall be conveyed with each respective lot is a one- eleventh interest therein and shall be known as Lot 12 hereof, and the S treet named Riegel I.ane. Each of the abave respect ive undivided interests established and to -2- (continued) ~ - a , - ~ be conveyed with the respectivv lots cliinot be channed, and declarant, successors ar,d assians, coveriant a~ 3gree the undivided interests in the cormon areas and the fee titles to the respective 1ots conveyed ' therewith shail not Ce separated or separately conveved and each such undivided lnterest sha11 re deemed to N, conveyed or encumhered with each respective unit even thougti Lhe cIescriptinn in the instrument of convey- ed and each such undivided interest shall te deemed to be conveyed or encLint,ered rn th eact► respective un } t even though the descript ion in the instrument of convey3nce or encuml,rance may refer only to the fee title to the respective lot. E. The proportionate shares of the senarate owners of ihe respective lots in the profits and comon exnenses in the comon areas, as well as thetr proportionate representation for votinr purposes in Riegel Heights tlameawners Association. a t'arshinoton non-profit association, hereinafter called "the association", shall be one-eleventh, } e, 1/11 share and one vote for each lot 7. The corsron areas shall remain undivided as set forth above, and no owner shail bring any actlon for partition it being agreed that this restriction is iiecessary in order to preserve the rights of the o%,ners with respect to the operation and rranagerent of the project 8, The Architectural Control Carimittee, as set forth in the peclaration of the Dy-laws of the association, may barqain for or offer to purchase or accept as qifts additio►tial real property strictly limited ~ to additions to the comron areas, and thereafter present to all members of the asSOCiation for acceptance hy a£30% majority of the members of the association's written rroposal - Such proposal shall contain all descrip- tions of the real property ancl all pertinent information of it's cast, use, need, and future o► presFnt plans The proposal shall set out the properties' specific use such as plans for nreen areas, swimrrino pool, caretakers residence, tool house~ carden areas or simtlar commcan area uses. Such p►oposal heing accepteci hy an 80" maiority may be carrled out Such duly noted proposal shall nat be unnecessarily bound by regulations "II", "uses of Property" following. It is further undPrstood and anreed hy all merrhers that additional use of the effluFnt line and drainficld shall he automatically qranted ~ ta applicants of the surroundina area The additional use and hook-ins -3- V, l .l`J 1 4...` 11 be 1 imited to sir in nuntcr and P'-' , if any, shall bear their proportionate resronsiNility. financially, and shall be required to perform for that service under all rules and requlations herein set forth for i the care and raintenance of the effluent systerr in it's entirPty. II USES GF f'ROF'CRTY 1. The lots shall be occupied ancJ used by the respective owners only as single family private &-clltngs for the owners, his femily, tenants, and social guests, and for no other purpose 2. lf any portion cf the comon arei encraaches upon the lots, a valtd easerrent for the encroachment dnd for the r,aintenance of same, so lono as ~ it stands, shall and does exist. In thc evcnt any structure is partially or totally destroyPd and then rehuilt, tlje owners of lots aclree that minor encroach- ments of parts ot the corvnon arras due to construction shall he permitted and ttiat val id easerrents for such encroachr,ent and the niatntenance thereof shall exist 3 tlo laundry, hedding, narnrnt or thing of like nature sf,ail be hunn on any of the permises where visit-le tu the puhlic. If ?ny such articles are to be hung outdoors, a drying yard enclased from the view of adjacent property nust be providec ror such purposes 4 tJo individcaal ser,ane clisposal system shall be pern»tted on said property unless such system is desiqncd, located and constructed in accordance Nith the standards, requirements and recorrnendations of the State and local ~ publtc health authorities. Approval of such system as installed must first be obtained from such authorities.. F'rovided, however, that each o►,rner, by acceptance of the deed, grants to each other ovrner all necessary recinrocal rights or easenents in and on property field hy each such owner separately, or in common ownership rrith the other owners on Lot 12 for thP construction, maintenance, and repair of all necessary septic tanks, sevrer lines, and other sanitary services, and percolation tticrefrom, for the use and occupancy of each resident. It is herein acknorrledoed hy each owner of one or more lots in the project that installation of a septic tank sewer unit is required under the above stated requiremcnts, and that a comr^on effluent disposal line for each lot and area now exists, and right-of-ways and easements for said disposal lines and comnon areas v,ithin and vrithout the project, and further, that 0 said disposal.effluent line, its connections and aprurtances as installed or -4- ~ to be instal' 1, rePaired, adjusied, rerlaced or maintained shall be and 1s the obl igation of the Riegel fieights 1lomeovrners wsociatton, and said obligation includes each owner's proportionate financial ~uoport anG nothing herein stated shall rellc►ve any or all lot O%,nerS of said otligation It is also herein aqreed that all installed septic tanks on each individual lot shall be inspected and oumped dry every three years, or a lesscr time, if so noted by the association, such rate of 51% as herein specified, shall Ce deemed passed 5 tt'o garage, basement, out-t,utldtng, shack, barn, tent, trailer, nobile home, or temporary structure placed or maintained on any lot shall at any time be used or occupied as a residence, either tenporarily or pemanently. 6. No trailer, boat, camper or other vehicle not customarily used for ~ means of general transportation shall Dc parked on the premises for any period exceeding 4 hours within any 48 consecutive hour period as an incident to load- tng or unloading therPfror-, 0 7. No derrick, rin, or other structure designed for use in borinq, mining or drilling for oil, natural aas, or other hydrocarhon substances, or precious mtnerals, siiall ever be erected, aaintained or pernitted upon said property II Na trade or noxious or offFnsive activity shall he carried on upon satd property or any part Lhercof, nor shall anything be done or maintained thereon wM ch shall be or become an annoyance or nuisance to the neighborhood, 41 9. Ho stable, poultry house, piqeon loft, or rabhit iiut shall he constructed , or maintained on any lot nor shall horses, cattle, cor,s, goats, sheeo or other aniiiials, fowlsa or poultry, be raised or kert upon the said rroperty, excent that dogs and cats and other small house nets may he kept upon said property, provided they are not kept, hred, or raised ther eon for coRVnercial purposes or in unreasonahle quantities, and providcd vrritten aporoval of the association ts first obtaincd 10. The use of any huilding for a public hoarding house, lodging house, sanitariun, hospital, asylum, or institution of any kindred nature, or anything which may become a nuisance to the neighhorhaod is expressly prohibited. 11 7he respective lots or sinqle family drrellinqs thereon shall not be rented by the owners tliereof for transicnt or hotel purposes, wh7ch shall he 0 defined as rental for any reriod lcss than 30 days. nther than the forenoinc} . ~ -5- obligations, the owners of tlic respectivc lots shall have absolute riqht to lease i , providEd that the lease is riade s ct to the covenants, condittons, restrictions, limitations, and uses contained in this deelaration and further subject to the hy-lar►s attached hereta lII APPROVAL 0F PLAt'S 1. The architectural control corrmittee shall consist of threP members, also allowing one non-member The orinlnal members and one non-member of said corTr~ittee shall Fe as follov-s Robert 0 Riegel, P1anj3ne T Pieqel and Donald Reed, Architect ✓ 2. A niajorl ty af the corrr, i ttee nay designate a representative to act for 1t In the evcnt of the death or resignatinn of any neriher of the conmittee, • the remaining memhers shall have the full authority to desionate a successor until the next general election of the association as hereinafter provided. Neither tlie members of tlie canmittee nor its clesionated rerresentatives shall be entitled to any compensation other than Eapenses tor services performed pursuant to these covenants. 3 The conmittee's approval or disaprroval as renuired in these covenants shall be in writing. In the event the comrrittee or its designated representatives fail to a-prove or disapprovc vjithin 30 davs after plans and specifications have been submitted to it, approval thereof shall not be required, and the related covenants shall Ne deemed to have bcPn fully complied wiih 4. tao tuilding, structure, fence, wall, or any other tnstallation shall bl; erected, re-erected, reconstructed, placed, repaired, altered, repainted or redecorated on the exteriors of any lot unttl the plans and specificattons therefor have been approved ty the architectural control confnittee as to the quality of workmanship anG rraterials, harmony of exterior designs with existing ~ structures, and as to location with respect to topooraphy and finished qrade elevation. Said comrnittee shall exerc7se complete discretion and authority as to the exterior colors and materials ta he used on nr applied to said buildings, structures, fences, walls, and insta7lations, and as to front and side set- backs and huilding lines. 5. At such time as the powers and duties under this declaration have been transferred to the association, as hcreinafter provided, the association shall have control over the architectural cormittee. The architectural o committee shall serve terms of one year. The P,oard of Directors shall appoint , - E- ~ new members to fill vacancies on ttie architectural committee. MemGers of , the ar. ~ectural comPnittee can be re-electec 6. No signs ar other advertisinq dovise of any character shall he erected or maintained upon any part of said pioperty, except that declarant may erect and maintain on said property such sinns anci other advertisinq dPVices as it may deem necessary or proper in connection with the conduct af its operatlons fpr the developrent, improvement, sub-diais7on and sales of said property. IV OCCUPAIICY 1 An owner of a unit shall auto,ratically, upon hecominq the owner of same, be a nember of the association and shall rEmcllrl amenncer Lhereof until such time as his or her ownership ceases tor ariy reason, at which time said menber- ship in the association shall automatically cease. 2 The owners of all the units covenant and anree that the administration of the project shall be in accordance vrith the provisions of this declaration, the articles and by-laws of the association which are collectively attached ~ hereto, as Exhibit l1, and made a part hereof In the event any of the matters in Exhibit A are tn any way inconsistent with any matters in this declaration, then any such natters in this declaration shall prevail. 3. Each owner, tenant or occupt~nt of a unit shall comnly rrith ttie pro- vlsions of thts declaration, by-laws, decisions and resolutions of ttie association or its duly authorized representativ~, all as lawfully amFnded from time to time, and failure to comply with any such provisions, decisions, resolutions, sihall be grounds for an action to recover sums due for damages ar for injunctive relief, as hereinafter set for•th under "aciditional powers of declarant and association". - 4. tdo owner of a unit rray exemnt himself from liahility for his contri- bution towards thc corrion expenscs hy waivcr of the use or enjoyment of any of the carrmon areas or hy the abandonment of his unit. 5 ExcepL as provided in Article III, in a voluntary conveyance of a unit, ttie grantee of the same shall ne joincly and sPVPrally liable with the grantor of all unpaid assessments by the association aqatnst the latter for his share of the common expenses up to the time of the grant or conveyance, wtthout prejudice to the orantee's riqht to recover from orantor the amounts paid by grantee therefor. However, any such granLee shall be entitled to a ~ statement from the associatton settino forth the amount of the unpaid assessments -7- aqaint" the gravtDr duc the a,sociation, ar.d sych qrantee shall not be liable for. nor sFal l itw property tLnveyed 1,e sut )e.... to a 1ien for, any unpatd cssessments rlade t,y the ussotiatinn anainst the qrantor in excess of the amounts set forth in tt►e staiemnt, rjrovided, however, the nrantec shall he liab]e for any such asses,n-ent becominn duN after the date of any such staten,ent V PDDITIONRL Pc,ItERS OF BrCLM?Af(T PND PiCSOCIATION 1. Declarant or the association to rrhlch any of the rlqhts of declarant may hereafter Ce assianed has and stiall have a21 necessary powers, riohts, and prtvileges to maintain and irrprove <aid property and to act for the peace, health, c.dort, safety and neneral %,elfsrc of the av,ners of ,aid prc►perty, or the residents thereon, inciuding, hut not 1imited to, the follawing , (a) To provide for fire protec2ion and the coilection and dlsposition of narbage, rubbish, ashes, and the liEe, to iniprove, lioht and matritain undedicated streets, roads, alleys, courts, walr.s, aools, natcways, fences, and ornamental feaLures nah, exi sti ng or hereafter to ise crertEd or created, and to pl ant, ma inta in and tare for a11 trees, plants, sfifub5, and comnon area 12ins. (b) To keep records of hutldinq permits ar,d aPprovals or disprovals made or issued by 1t or the 4rchitectural conirnl corinittee and Lo keep NooYs and records showing a17 charges, 1evies, assetsrents, and all dishursPmenLs T^ade (c) To enforce Lt;e liens, crtarges, assessmcnts, limitations, restrictions, conditions, and tovenants and rrovisior3s af this declaraLior exisLino upon or affectfng or hereby created tor the benefit of all said property, over rihich ~ the declarant or the association has iurisdiction and control and to which sayd property may be SubjecL to thr extent that declarant or the association }ias the ]egal right as herein set forth ro enforce the same, and to pay all expenses incidental theretn, ta tring suits at law or in equity to enforce the same or to carry out the riahts anci pohers hcrein reserved or establtshed (d) To pay taxes and assessr,ents which niay he levied r1 any puhlic authortty on carnonly owned property and lmprovements thereon, novr or hereafter opened, latd out, or established on said property, rriiere the taxes are assessed as part of the property or separately, and on any property which may be held in trust for- the use and renpfit of the association. (e) To keep at all YiTrtes the tommcnly Qwned irprovements on said property insc.red against lo,s or darage by firf-, or liat-ility, r»th all physical loss 0 or exLended perils mdDrsernerts, in an arr-uni equal to the full insurahle value -8- v of the imr -vements insured, and nay all premium-nd other charqes payable in respect to such insurance Except as provided in Article VII, all funds which are received in respect to said insurance in the event of a partial or total destruction of or danage to any irrprovements on sa id pronerty, shall be deposited inio a fund set up for that purpo.,e and all monies so deposited to said fund shall be used to repair, restore, or renlace said improvements. (f) To exercise such povrers of interpretation, control, construction, consent, decision, detcrmination, riodificattan, amendr,ent, cancellation, annulment, and enforcement of covenants, reservations, restrictions, limttattons, assess- ments, charges, and licns irrposed unon said property as mey be vested in, dele- gated to or assigned to fihc dcclarant or thc assaciation. 4 { (g) To establish, levy, and collect such cliarnes or fees as may be necessary i Lo carry out, pay off and otherviise meet the exrenses of carryino out and per- forming any of the general and enur-erated powers or duties or the purposes for whlch the association may be formed, to provide tlzat al1 assessments, charges and fees shall be due and payable on the lst Monday of the month follortinq the levy and flxing thereof, and shall hecome delinouent 6 days after the date upon which they hecome due and payablc, to collect said charqes or fees annually or oftener if deemed advisahle by declarant or thF association from the then owners and buyers under contract of `.urchase of each and every portton of said property To "collect" includes actions at law in personum aaainst the owner of any lot rrho has not paid an assessment when dc,e, or in the alternative, as 1 an additional remedy, the enforcerient of the lien granted herein to secure the payment of such assessments The asscciation may recover any attorney's fees in collection of assessments and enforcement of any obliqattons under these restrictions. (h) Any labar rendered and materials or supplies u-~ed or consumed or equtpment, appliances, or power• furnished for the mainfienance, upkeep and improvement of the property, or any funds expended for any purpose for the general weifare of the otimers tliereof or residents thereon, or for the corrmunity, tn performtng or causing to Ne performed any of the acts specified directly or hy inference in the rights, duties and powers contained in this 7nstrument, shall be deemed to have been rcndered, furnished and supplied hy thc dcclarant or the association for the benefit and advantage of every portion of said property, and at the ~ special instance and request o° the owner or oirners or buyers thereof, and ~ ' declarant or the association shall have a lien upon each residence ir, said , -9- ~ property agatnst rlhich the assessment cfiarges or fees fixed, established or levie( ursuant to any pravision of this de -ation, shall have became delin- quent as fully as though such laQor had been bestor,ed and materials supplied or equipnient or power furnished dtrectly tr► residence or residencPS, provided, however, that any actiQn for such lir•n must be corrcnenced in aproper court within 90 days after the claim af lien has been reported. , 2. Declarant does herehy agree to maintatn anci keep in proper repair and operation tlie corvnon areas and recreational areas, and to advance all funds necessary to pay fer such na1rltEndnCe, taxes and insurance on said prop- erty, subject to reintursenent ta individual owners hy assessments levied by the provision5 of this instrumcnt. Said maintenance, fees and assessments , shall Fe deemed to constitute a lien upon each of the residential lots in said property in favor of declarant and declarant may take any action recogniied by the lar,s of the State of 4'ashington for the enforcenent of said lien, or in the 8lternative, rr,ay elect to sue in nErsonum without enforcing such lien 7he lien herein provided for shall te valid notwithstandina any other provtsions contained in this dEClaration to the contrary At such timP as the association becomes the assignee of declarant of these declarations of restrictions, decltrant may at its option, be relieved of the oblination under this paraoraph, and the association shall be requireci to assunre said obligatians, except that declarant will ren,ain responsihle for unsa7d lots as h,ereinaftPr provided Until such time as the association assurres ohligations, declarant will auarantee said sosts of maintenance, taxes and insurance, suhject to the provisions contatned herein. Oeclarant will at all times be responsible far that portion of said expenses attributable to lots oyrned by declarant. 3. Al1 agreemenis and determinations larrfully made hy the association in accordance rrith the voting percentages estahlished in this declaration or in the by-larrs, shall be deemed to he bindirg on all oriners of lots, their successors and assigns 4. So long as declarant, his successors and assigns oarns one or more of the lats established and descrihed hErein, declarant, its successors and assigns, shall be suhject to the provlsions of this declaration and of the association and declarant covenants to take no action which would adversely effect the rights of the association yrith respect to,assurances aqainst latent defects in the pronerty or other rights assigned to the associatton by reason 0 of the establishirent of the property or residences. , -1 0- 5. On condermation of all or any portton of the lots, the develonment will tern^inated and the lots and coirLnon is partitioned upon the vote • ~ of 60% of the lot owners. V I Ft1FORCFItFf:T As to each residential lot ovmer of the property, these restrictions, conditions and covenants shall be covenants running riith the land far the benefit of each and evety lot in said tract. and a breach of any therPOf, and a con- tinuance of any such breach, may be en»tned, ahated, or otherrrise restrained by appropriate proceedinns by the (leclarant or the association, or by any such owner of a lot in said tract, provicied, hov,ever, that any suhseaucnt owner of said property, including Fut nnt limitecJ to, purchasers at trust deed sales ~ and foreclosures of mechanics' liens sales, shall be bound by the same restrictions, covenants and provisions of this declaration of riqhts obtained by foreclosure of a trustee's sale or othen»se V1I PR07ECTIOP! OF lFl;(1E('S 1. No breach of the covenants or restrictions herein contained, nor the enforccment of any lien provided for herein, sha11 defeat or render invalid tlle lien of any mortgaqe or deed of trust made fn nood faith and for value, but all of said covenants and restrictions shall be bindin9 unon and effective against any owner vihose title is derived tlirouqh foreclosure or trustee's sales, or through a deed given in lieu of etLher therPOf. No such ov,ner so deriving title shall be responsible for any oblinations accruira hereunder prlor to the ft.lme such owner acquired title. 2, rJotwithstanding any other nrovision of the Declaration or the ay-Lavis, any of the follorring amendn►ents to tfils cleclaratton or the by-laws «ust he approved in writirg tsy tile heneficiary under each deed of trust or mortgagee under each mortgage encumbPrinn all or any portion of any lot. (a) Any amendment which affects or pu)-parts to affect the valtdity or priority of any dced of trust or mortgage (b) Any amendment which necessitates the payrient, subsequent to foreclosure of any mortgage or deed of trust or acceptance of a deed 1n lieu thereof, of • any portion of any unpaid assessment or assessments accruino prior thereof. (c) Any amendment tirhich would or could result in any mortgage or deed of trust beinq cancelled hy forfeiture, or in the individual residences not heing sep- o arately assessed far tax purposes -11- . (d) amendment v,hich weu1d tn any r,ay r ict thr riqht of any martqagee or beneflciary to renuire the application of inSurance procceds of the indebt- edness securecf hy such mortgage or deed of trust 3 In the event of the default by any o%,ner in the payrrent of any prom- lssory note secured by such trust cleed nr mortgage to this tndtvidual residence br lot upon recordation of a Notice of Default Lhe right of such owner to vote at any regular or special reetinR of the owners thereof held durinn such time as satd defauit may continue, shall automatically he suspended Upon curina such default, the right of such ot,ner to vote shall thereupon revive 4. Any lender upan any residence subject to these provisions niay appear at meetings of the Piege1 Heights Ilomeoriners Association, and meetings c of the Board of Directors of said association to present ohjections, if violations of the covenants, conditions and restrictions have not been enfarced. 5 In the event that any lPnder upon any property subject to these pro- visions requires a loss payable endorsement under any fire insurance policy, the insurance proceeds, in the event of a loss covered by insurance, shall apply under said loss paya6le endorsement, the provistons of Article V herein notwithstanding VI I I OTNER PRN; I SIQVS 1 7hese covenants are ta run %,ith the land and shall he binding on all parties or a11 persons claiming under ttiem far a periad of 30 years fram the f date these restricttons arP recorded after which ttme such covenants shall be automaticaily extended for a success}ve pFriod of ten years, unless an instru- ment stgned by a majority af the then owners of the residential lots has heen recorded, aareeirn to change said covenants in whole or tn part 2. Shouid any provision or provisions hPreof be declared invalid or in conflict with any larr of the jurfsdiction where this projPCt is situated, the valiclity of ali other provisions and poriions hereof shall remain uneffected and of full force and effect. 3. Deed of cvnveyance of property, or anv aart therPOf, may contain the above restricted covenants, by reference to this instrurient. Whether or not such refererce is made in such deeds, each and all such restrictions, covenants and conditions sha11 be valid and hinclinn upon the respective arantees ° 4. This declaration shall not be revoled or any of the provisions herein amended except as provided in Article VII of Pv-laws of the Association, Exhihit A herein, -12- 0 _ `z~ lien on any lot in favor of cj-Pclarant or the association, • . ~ as n►ay be established hereunder, shal.,. o€ )unior and subordinate only to a lien of any deed oF trust which encumUers any lot in said tract prior to a lien of cleclarant or the association becoming of record, provided saici cieed oE trust is made in good faith and for value IN VlITtlESS IJHEF.EOF declarant has executeci the within docuinent this /,'j day of 1977. ~ , - RTLGFL f~ZGI('I`5 11011EOWNER5~' ASSOCIATIOIJ F3 Y L ROBERT ULE RZLGEL, Presicient . a Y PtAI2IJANE: T. RIEGEL, Sccr'etary STATF. OF W11SI(INGTOtI ) ? ss. COUdTY OI' SPOKANL. ) On the of June, 1978, personall a ~ y y ppearc.d beFore me ROQERT DLC RICGLL and MFIJANE RTLGEL, to rae known to be cile Presiclent and Secretary, respectively,of RIEGEL iIEIGHTS 1tur;EO:l:lEr'S' ASSOCI11TI0 J, the corporation which executed the forece,)g document, and ackno%,ledged that they signed tne sane c.r bzhal-I of ttle corporation as its free aiicl voluntary act anc3 CEe(I for che uses anci purposes therein nentionecl, anci that they are aut;1or1z:2d by said cozporation to sign on its behalf '+1' GIVEN under my hand and ofEicial seal the date 2ast 4bove written ~ • 41 AIOTAF:)YiPUBLIC in cmd for tlle State of Wdshington, residing at Spokane. ♦ . , FINDINGS PLANNED UNIT DEVELOPNENT (Final) PUDE-1-76 - RIEGEL HEIGHTS ADDITION NO. 2: RIEGEL , I. SULVIMARY: November 12, 1976 the Spokane County P1anning Commisston approved the Preliminary Planned Unlt Development for Rlegel Heights Additlon No. 2, and requlred the appllcant to submit a ftnal development plan of the proposed project to the Commission wtthin one (1) year. The applicant's ortglnal request was for an eleven (11) lot single family residenttal subdtvLston, PE-1058-76, with prtvate streets, securtty fencing and securlty gates. The only legal means by whtch the subdlvision could be establlshed wtth private streets vvas to incorporate the t~,ubdiviston request with a Planned Unit Development proposal. The applicant's proposal Is compatible with adjacent and surrounding land uses; is conststent with the Spokane Regional Comprehensive Plan and the development policies of the Comprehensive Plan and the purpose of Chapter 4.20 Planned Unit Development; has or can provide adequate provisions for circulatlon, sewage disposal, vyater and flre protectton. II. MINUTES OF NO`IEMBER 12, 1976 P>IANNED UNIT DEVELOPNIENT (Prellminarv) PUDE-1-76 - PLANNED UNIT DEVELOPMENT FOR REIGEL HEIGHTS, A DDITIGN NQ. 2 Planning Commisston Recommendation for Preliminary Planned Unlt Devel opment: Approve PUDE-1- 76, Planned Unlt DeveloiDment for RieQel Heights Addttion No. Z, sublect to the followinQ condittons: (Vote was unanimous.) C . CONDII`IOiVS: 1. The advertised property shall be developed fn substanttal conformance with the prellminary development plan. 2. The applicant shalt wtthin one (1) year of the date of the preliminary approval submlt a final development plan of the proposed development for approval by the Planning Commisslon. 3. Provislons for the control and preservatton of future prtvate rlghts-of- way shall he made prtor to the finallzation of PUDE- I-76, and shall meet the approval of the Spokane County Zoning Administrator. - 8- PLANNED UNIT DEVELOPN:ENT: RIEGEL HEIGHTS NQ. 2, (Contlnued) D. REASONS : I. The staff is of the opinton that PUDE-1-75 and PE-1058-76 comply wtth the development pollcles of the Comprehensive Plan, the Staff notes that the Planned Unit vevelopment concept allows areas to be developed to single famlly denslty requlrements wtth minimal impact and dlsturbance of natural terratn and adjolning stngle famtiy resfden- tfal development. 2. The proj ect sati sftes the purposes of the P lanned Unit Development Section of the Coning Ordinance. A planned unlt development has the followfnq purposes. a. To permit flexibility in destgn, placement of buildtngs, and use of open spaces, !ncludtng modification In requlrements for lot frontaqe, building setbacks and design of circulation facltltles to best use potentlai of sites characterlzed by special features of geography, topography, size or shape, b. To encourage a more creative approach in the development of land that wtll result tn a more efficlent, aesthetlc, and desirable environment In harmony with that of the surroundtng area, while at the same time malntaining substanttally the same population density permftted In the zone In whlch the project fs located. 3. The Staff notes that the density of the Planned Unit Development project ls considerably lower than the maxfmum density that the Agri- cultura I Zone would ailow. . 4. The Staff is of the opinion that the prelfminary plat and PUD plan In conjunction with the stipulated condtttons for neighborhood traffic circulatfon, publlc water supply inciuding flre hydrants, sewage dfsposal, amply open space, recreation areas and the desiqn require- ments of Chapter 4.20 of the Spokane County Zoning Grdinance comply with the purpose and provislons of the Planned Untt Development Sectton of the Spokane County Zoning Ordtnance. E. STAFF ENVIRONN.ENTAL REVIEV, : As requtred in WAC 197-10-320, the Staff of the Spokane County Pianning Department reviewed the environmental checklist submttted by 1Vlr. Robert D. Riegel for a preliminary plat and PUD. The proposal is tocated approxtmately in the SE 1/4 of SW 1/4 of SE 1/4 of Section 23, Townshtp 25 Iv., Range 43, E.W.N., ad)acent and north of 16th Avenue approximately 500 feet east of Carnahan Road. The proponent is requestinq to subdivide ten acres into eleven lots to be developed for stngle famtly dwellings units, creattng a gross density of 1.8 unlts per acre . - 8 A - PLAIVNED UNIT DEVELOPNiENT: RIEGEL HEIGHTS NO. 2, (Continued) The site is located on 10 to 20 percent sloptng terrain with rock outcropping and sparse contferous timber. The Staff review has ldentifled three potential areas of environmental impacts. Ftrst, and common to all subdlvision, Is the increase of motor vehlcle traffic and all the effects associated therewlthe These would Include such impacts as fncreased air pollutlon, speciflcally suspended particulates from unimproved streets, increased noise, and increa sed pub lic safety hazards from traffic. A second potenttal environmentai lmpact area considered was the lncreased demand on publlc servlces and utiltttes. This would Include such factos-s as increased requirements for poltce and itre protectlon provisions of addi- tional school, park and recreatlonal facittttes, and addittonal mafntenance requlrements on all county facilities and roads. This would also include such impacts as assoclated wtth extension of utillty lines (power, natural gas, teiephone) and the provlston of suitable long term sewerage, domestic water, storm water runoff, and solid waste disposal systems. A third potenttal environmental tmpact revealed by the Staff evaluatton In- volves the subsurface injectlon of sewage effluent and storm water runoff. This waste water placed at a dapth will percolate downward toward the Aqulfe rather than evaporating back into the atmosphere as under natural conditions. A portlon of the contaminants wtil lfkely be filtered out of this waste water, but the resulttng qualfty has not been determined yet. A total of approxima- tely two acre-feet sewage effluent will be dtspased of annually. The conclusion of this envfronmental checklist revtew is that no significant envlronmental impacts will likely result from the proposal tf the specifted mlttgating measures are adopted. Therefore, it is recommended that a Dectaration of Non-Slqntficance be issued and an evtronmental lmpact Statement not be required. - 8 B - OtIO ' SOUT , 4-IINGTON STI J CNE! ~J J~ ' C ~ ~ - ~ ~ ~ ~ ~ ~ _ r = - . ,.:_.:0 (509) 928-7900 ,,.►~t~. , Mr. James P. Enacio August 29, 1979 Deputy Prosecut ing Attorney W. 1115 Broadway Spokane, Washington 99260 Re: Riegel Heights P.U.D. Dear Jsm: Enclosed, please f1.nd the indemification agreenent for the above captioned project. Sincerely, RobErt J. Bethards ~ ~ ~ , E ,E , I "V, 1979 UARI I i 4000 ~ , • ~ y ~CMeFQ ~ I N G REALTOR ~ 1- ~ • ~ ~ INDENINIFICATION AGREEMENT The undersigned, Riegel Heights Homeowners Association, a Washington corporation, hereby covenants to hold the County,Wtof Spokane and their employees , ~ individually harrnless and blameless for any injury or damage resulting from the replat of Lot 12 of Riegel Heights Planned Unit Development, as per map recorded in Book 13, Page 61, records of Spokane County, Washington by use of the procedures of RCW 58.12 rather than the procedures of RCW 58.17:.. In the event any suit shall be brought against the County of Spokane . or their employees individually as a result of the utilization of,RCW 58.12, the undersigned corporation hereby covenants to assume the defense thereof, and to pay any and all costs, charges, attorneys fees and other expenses, and any and all judgments that may be incurred or obtained against the County of Spokane, or their employees individually. , RIEGEL HEIGHTS HOME4WNERS ASSOCIATION By A~//~~~" 1 O . se ~ IrJard , ~r(Fgiden f t ~ ' • ~ ! . , / . ~ Robdrt Dee Riegel, VicV President _ ~ . STATE OF ir1ASHINGT4N ) By : ~ } ss ~1d-ir:~,.~' e Riegel, Se-~etary-Treasurer County of Spokane ciay of flobo-s-r- , 1979, before me, the under- On this ~ f_z~ ~ signed, a Notary Publ"ic in and for the State of Washington, duly commissioned and sworn, personally appeared JOSEPH G. WARD, R4BERT DEE RIEGEL and .,MARIJANE RIEGEL, to me known to be the-President, Vice President and Secretary-Treasurer, respectivel.y, of RIEGEL~::HEIGHTS HOMEOWNERS ASSOCIATION' the corporation that executed the foregoing instrument, and acknowledged the said instrument to . be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated-that they.:- are authorized to execute the said instrument and that the seal affixed is the corporate se.al of said corporation. _ WITNESS my hand and official seal hereto affixed the day and year first 41 above written. N T RY PUBLIC in and for t e State of Va in~ton, residing at Spokane , • ,•f.• _•{v.•{~~~•+ ~~`,t~ •E.~'"'~.oar•~: yfyt b~~~p~ , ~ y,1 q..' . iI .'y^,', . . ° . . , , ~y' • ~ ..i ' ' r' . ~~5 r~5 ` . o~~l ~ ' . ,e . 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' F , . _ ' 1 4 . 9 ~ • ~ ~ ~ r a 7 ~ e ~ t~! ~ ~iA ► 'MI h I . ~ 1 ~ ' - ~AFF REPORT. DATE: August 17, 1979 TO: PLANNING CO MMISSION FROM: Planning Department Staff SUBJECT: PUDE-1-76 and PE-1058-76 - Planned Unit Development; Change of Conditions. I. GENERAL jNFORMATION APPLICANT: Riegel Heights Homeowners Association c/o Robert D. Riegel South 911 Houk-Road Spokane, WA 99216 REQUESTED ACTION: A change of conditions to delete a portion of a lot from Riegel Heights Addition No. 2 and incorporating a new parcel. PROJECT LOCATION: Generally located north of 16th Avenue, approximately 300 feet east of Carnahan Road. II. ME PLAN jNFQRMATIQN TOTAL PROJECT SIZE: Approximately 10 Acres. PROPOSED USE: P.U.D. - Single Family Dwellings. LAND USE: Site - Single Family Residential North - Undeveloped East - Undeveloped West - Single Family Residentfal South - Single Family Residential ZONING: Site - Agricultural North - Agricultural Suburban (1967) East - Single Family Residential (1977) and Agricultural Suburban (1967) We s t - Agricultural (1959) South - Agricultural Suburban (1967) III. BACK GROUND/ANALYSIa to PUDE-1-76 and PE-1058-76 ceceived final approval by the Board oi CoLnty Commissioners on December 8, 1977, for a 12 lot subdivision: 11 lots as single family dwelling use and 1 lot as open space use. The requested action at this time is to delete a portion of the open space lot from the approved PUD and Plat and incorporate a new parcel for open space purposes. Area "A" to be deleted from Parcel 12 totals 1. 77 acres . Area "B to be incorporated into the plat totals 1.74 acres . ~ ~ - ~ PUDE-1-76 and PE-1058-76 (contd.) N. AGENCIES CONStJLTED/C E TS RE=ED a) COUNTY FIRE MARSHAL 1. No comment received, b) CO UNTY ENGINEER 1 . No comment received. c) CO UNTY UTILITIES 1 . No comment received, d) COUNTY HEALTH DISTRICT 1. No comment received. e) SEPA 1. Staff has processed the appropriate Environmental Checklist and recommends that a Final Declaration of Non-Significance be issued, f) OTHER STANDARD CONDITIONS 1) All conditions approved as a part of PE-1058-76 are incorporated in this approval, -2- File # . ~ ..<< . ; S ec . T1s h1p R 'g e Classification ~~'_"';~j rc ~ . ~ 91 1 ~~~:'1'~`,~? Pro onent c~ t. ~ , , . K.. p A,e_p . T H R E S H 0 L D D E T E R M I N A T 1 O N r 1",c_ -r ~ DECLARATION OF ~±.•r~,, . , ~.:.v r-~~ : ~;~L•,- (pr-oposed/final) (significance/non-significance) ~ 1. Description of Proposal : ~ _ - , ; r r, ~,1 ft - , ~ - l;1 t }s ~ t !-1 ~ 2. Proponent: _ '~j- _ ; ' r ' p ~ -I' ' 3. Contact Person : Phone: 4. County Action(s) Requested: Zone Change Preliminary PIaL Approval: Final Plat Approval Change of Condition Other: . 5. Location of Propasal . , , , . . . ~ . . i 6. Lead Agency: SPOKANE COUNTY, WASHINGTON This proposal has been determined to fhave a significant adverse impact on the environment. An EIS is L. r,required under RC:V . 43.21C.030 (2) (c). This decision was made after review by the County of a completed environmental checklist and ather information on file witti the Lead Agency. 7. Responsible Ufficial: Proposed Declaration : Finai Declaration : Name . Name Signature . Signature I Title Title Department ~ Department Date Cate R ev i sed 6;"1 f`i9 ♦ : . 8. For Declaration of S+gnificance Oniy : / Date of Expected Draft EfS Available (determined by Responsible Official ) / Date of I ssuance TO BE COMPLETED BY RESPONSIBLE OFFICIAL: a. Brief description and listing of those environmental impacts leading to such declaration . b. Brief exp{anation of what measures, if any, cvuld be taken by the applicant to prevent or mitigate the environmentai impact of the proposai to such an extent that the responsible official could consider a revised proposal with a possible resuiting declaration of non-significance. F i l e # -Pu Sec. T'sh'p R'ge C Iassi fication ~ ~ ' . ~~,~i, ~ ~ . i~ ~A • - Proponen[ , _ .st U FF REVLEW QF E Q Nt F'NTAL_ CRE .KLIQT - I, in accordance with the 3pokane Couuty Environmantal Ocdinanca 'and WAC 197-10, an Envitonmental Chsckliat has beea submitted by the applicant oc his aqent. This chec is t and ~ ditioaal pooctiA~nt da ta ha S 3ubsequsntly beea reviowed Q,-n.~x.c , eC. ~l~z-~'-•~-~ _ - by the J The followinq data bciofly doiacrlboa the proposal: A. Action (s) Reque9ted: Zon• ChauWe; Preliminary Plat Approvals Final Plat Approval; ~ Chanqe of Condition Other: 8. Description of Pr+oposal: Xi.y l Z G~;~~~~,. c' c- -n--~►` ,C~-~' 1~'f .C" . . ~ C. Location oi Proposal: ~ Q' Z, . • II. Roview of Checklist:, . i A. Sliqht advers• impacts ace notid under th• followinq quaationa (1) Eacth -(8) Land U9e (15) Bnsrqy (2) Air (9) Natural (16) Utilities Resaurces ~ (3) W3tar (10) Risk of (17) Human Upaet Health ' (4) Flora (11) Populntion (18) Aesthetics (5) Fauna . (12) Housinq (19) Rec, (6) Noise (13) _ Trans./ (20) Acch,/ ' CLrc. Hlst. (7) tignc & (la) Public (21) orher Glare Sscvices 8, Potentiall•f siqnificant advects impects aro noted under the followinq que s tloas : ~ . i . 1 1 ~ 1 . _ . • l Revisrd 6/1/19 C. Discv.asion of isapacts idantlfisd above: , . • r III. Conclusions aAd Recomsamndations: Baaed on thi9 scaff ceview of thf ertvironmental checklist, the staff: A. Concludei that there are ao potentiaUy aiqnificanr adversa impacts and recora:nends/isaues a proposod declaration of nonsiqnificance. . 8. Concludes that there are no potentially siqnificant adverse impacts and, because of the nature of the proposal, racocntaends/issues a final declaratioa of aonaiqnificancs. . C. Conciudes that potentially siqnificant advarse impacti do ex3st nnd recommends/issusa a declaration oi siqnificancs. IV. Staff inember( s ) revi ewf ng checkl i st ~ 7 ~ , . ~ . R File # • ENVIRONMENTAI C}4ECK1:57 Sec.-`I~vp.-Rge. tt.~l •J~~/ In roQuciion: The State Enviromwtat Poticy Act ot 1971. Chaeter 43.21C. RCN. rtQutns all state and laui qovernwental dyent es W tansidlr Mvironmwtal vaiues "th for thoir cwm actions and wAen licensinq prlvate iroaosais. The Act blso rMUires that dn Envircnnental (aipaCt StatMer+t Oe DmOared for a11 ma,)or acttons sfqnittuntly (and "jdv8rstiy'". 3s per aAC 197-10) aftectin4 trio awlity of the physical environa+ent. 7he aurpose of this cnacktfst fs co hlep th* agencles tn- voivea deurmine rnetner or not a proposal fs such a majar •ction. ?1ease answer the `olicwing Qutstions as caote*_ety as you can with tAe infor+natton presently ivatlaolt to you. Pleas• answtr Qusstions as "yes" or "i+ayoe" if, in your opinian. sv" only sllght lmoacts wtlt resuit. Tho nvie+mirs of ttK cnacktist w111 be aware ot and cancern triemseives wlch *.he aearee cf 1mpact, askinq you for apre fnfontitlc++. 1t neussary. 'Ahere exolanatiorts ot yow answers are rtcuired, or w+m you DeTeve an sxpianation wouid be helptul ta governimnt decls4on-mkers, irtcludo your oxpltnatlao in the space ;rovtded. or use aaditlona7 a s. if ner-essarv. You snould inclucie retererrcts :o any reports er st„dies of xhicn you are awan and un1cn in rel*vant to cne ansti+ers you DroviQr. Camleto answers :o Uese Questions now wiTi hllp aI1 aqer+ties fnwivea with your proposal to undertakt the r'eauirea environmtnUi revte» witheut ,mnecessary Qeiay. ~ The fo1loMinq vueStions ioDly to your tatal OroDflssl, not just :o the license for wnich you are currently applytng or ths pro- aosal for which approval is sought. raur artswers shoula intluae the fmoacts Nhict+ w111 b* causrd Dy Yvur arooosat when it 1s compietad. even tflouqn coaole[ion may not occur unt11 Sometime in !he 'uturQ. T►+is w111 ailorr a11 at cna agencfes Mnicn Rill be involvlC to Coaplt:a Lneir drvirOrneentsl revler na, wltnauC QupliCittnq papervork in he fuWre. 40 3oa' ication sni11 bt proceSSlO unt11 ttu UteCki 1St has beln cOmltted and returned _o tNe 3pOrroartate County CsWetmtnt. Sca u'aw *rouires axeianattens for everv 'v•s" artd ' va "4psrer on the cnecklis . The Derson coaielsting r.ne `or~u Tay ae recuirro to ,roviee axo anat.ons for no" answers, ana n som cases. mOre aeLd1 ea znformation to aid in • tl+rosnoid lecer++i nacian. 'I~OTE: Thts is a stanaird forA beinq used by a12 state and local aqanctes tn th! SCat! Of 'A4sninqton for var4ous tyoe: of _ oroPosals. Many of the questior+s a+sy nct apoly :o ycur oroposal. if acuestion aoes not apcly, just answrr it 'no" ana r.ontlnue on CO Me next queStlon. E.VV IROlIi'EI(TAL CHEtKI i ST FQRM 1. 3ACKGit0UM0 Jc6t ~ ami ~ ~ a4 1. Ila~! Ot ?ropOnlnt: • 2hone vuorper ~ 2. AQdress of Oroaenefit: ' 3. OaCe Chetkiift SuomiLtea: ;gat,cf aequ,rina checkttsc: S. 440e of ?-ooosal. if AOpifcao}e: 5. yscure and 3rief Oescr!pcion of cr~ ~ro~es~ 1 n u uc z t ~t ca its ssze. qeneral ces.gn elrer.+ts, ane nr{pin9 os ;cfl a d na ► a! r fac rs :nit w 11 ~tve an ac urau cx . ~1 , . . 4Loution . WA_ . ~ 1. ara ai (eescribe, :t+e physicai sett'ng 2f :ft araoasal. as aell as :nt sxt4r+t of the land area af!x:rC ty iny !nvirortiner+tal :apac:s, lnctuoing any other informatton ne"ed to give an actuntt understanainq af ct►e e++yiron- • rentaEK~rooosZWJ al ) : ~ ' 3. -s zi re tea Da cs For C3eo t etion of ttse Prooosa 1: UIJ9 9. :is: of elt u Licar+ses or uov c ais leauired r tne Prooosai (federal. sute and ;ocai - lnc:uaino rezanes►: • (IF SoACE FOA ExPLAI4ATIBl1 IS INAQEOUATE. OLFASE AT7Aai ADOI?IOKAL PACES. ) lOs. Do you, or the arner in ttft event ;rou do not own :he suDjar tand. have anr plans f fLtyrt additt . fxoa to~+. r furtMr acLivity el tod to Or :onne r1 N1 rvposai ? If yes. expi A . . iOD. Jo you awr+ or hare spNans ort 1 n0 rtea~r or a ent :o :his ~rooasal's location? :f ~as. exolain: ~ Z~ wwfik- 11. Oo you knoa of 3ny olans 3y otnen incl nq :he owr►er whicn my ittett the orooerty :overed by your ;rcaflsal cr lana idjacent or nearoy? If yes. exsltin: , i2. Attacn any athsr aoplicatton `arm tltiat has Deer+ cawiecea rmr0lne the proaosal; i` ione nas :een =-_n+otecea. ouc 4s exnecud to oe f11ed 3 son+e utgre 4au. dascrlbe tt~e nature a` sucn appttcatlan Jan++: 4CLO [ I . :!'IV I ROtIMENT►1l :MP+►C -,S (Facpienations of ail "yts" ana 'mayDe'3nswer's are *e0uire4) YeS "i-tYne 'b i. Earc.h. Wilt the proaosal result 1n: - ;a3 Unstable earch condttlons or in changts 'n geologit strUC:uresl . . . . . . . . . _ (b) 01sriotions. disolacoer+ts. cx~aaction or ovorcoverinq of :he soil? . . . . . . . ~ !c! Change 4n toooqraoAy or grouna sur:ace relief `tatures? . . . . . . . . . . . _ ~d) 7hs destru[tion, covering or 7Wlfitation 3f iny s"tiaue geoloqic or 3hysical Teatures? . . . . . . . . . . . . . . . . . . . . . . - ~ j Any f nCreast inwi nd or r+aur eros1 on oi sa'.1 s. ai tttier on or off the s; te? • • • • ~ J 'L.~^ ~ . (IF SPACf EXPLAIIATIOk IS IN~DEOIY~TE. Sc aTTACH .1QDtT . a,SGES. ) Changes in oeposition or troslon of b"cn sands. or chartaes in sfitaclon. I depotitzon or erosion rntcn my moClty cne channal of i Mver or streem ~ ;.r the bed at tra xean or any bay, inlet or lake? . . . . . . . . . . . . _ Exolanation: 2, Atr. Will CM proposal resuit irt: yes Yd (a) Air arisslcns ~r dauriorstion of asbient air quallty? . . . (b) TM CTNt10e 0f 00'Kt10M01! OdOfS? . . . . . . . . . . . . . . . . . . _ (c) Aitsratton of atr movwmir+t. nwlsturt ar tenperatun, cr any crianqe in ` cliaq te. tltRer toully or regionally? . . . . . . . . . . . . . . . . !!pltnation: 3. 'aatar. sri i l du D*oocsa 1 res ui t i n: Yos yayb~ No (a) Clunge In currents. or t1+e course or atrect:on of water +novesents. ~ in tithtr wrtn* or fn3A wters2 . . . . . . . . . . . . . . . . . . _ (b) Chan"s i naDs orfl t! on t-a tes , Ora 1 nage pa tten . or u+e rate atrd ~ amount of zurfau Mtter runottZ . . . . . . . . . . . . . . . . . . . _ (t) Altrretions to tne count or f1aw of tlood rraten? . . . . . . . . . . . . . (d) ChanQe in tre amuot of surfatt watsr in anr waLK DoayT . . . . . . . . . . . (e) Olscnerqe into surfsu r+attr. or in inr aiteratton of suNace r+ater qw11ty. 1nc1udlnQ but not TiMUd to temoncure. dtssalved ~ oxygen or tsubt d1 [y? . . . . . . . . . . . . . . . . . . . . . . _ (f) Rl taratlon of ttN cinction or rsts of tl oM of groune wttn ? (g) i.henqe i n th• qwnti ty of qoumd w Cin . ti gner !hrougn 31 rec : ~ a4altiorts or wlthdrnwalS, or tArougA incerce0tton of an Y apuilar br cuts or excavations? . . . . . . . . . . . . . . . . . . . _ (h) 3eterioratton !n ground rater quallty. tither trrvugn Clrect tnjectlon, or tnrouqn :h* smage o! 1lacnate, pnosaatlz. CeterglnLs. water0on►e vlrus Or DaC_arie. Or Other SuQStdnCeS ~ 1 nca the gaund w cen T . . . . . . . . . . . . . . . . . . . . . . _ ( 1) Aeductton !n tRe amounc of wCar ott+*rwtss availaole !or ~ Dubiic riter SupOlles? . . . . . . . . . . . . . . . . . . . . . . _ ~l~nation• ~ ! a, ctara. Aill the DroPasai resuit in: "es !faYbe Nc ',e) Chanqe in the Clversity of sRecies, or numbrr of anr scKfes af filora (tnciuainq Crtes, shnibs, qrass, creps, microtlora and ~ avuattc aiants)' . . . . . . . . . . . . . . . . . . . . . . . . _ (c) Reductlon oT the nuraers of any unique. rart ar endanqered ~ saecies of flora.' . . . . . . . . . . . . . . . . . . . . . . . (c) Introduction of nw tpacles of fiora into an ana. •jr in a barrier ta c.ht rtarmal roplentshmwt of exlstinq speciesl tC) Reductlon fn acreage of anp igriculturel crop? . . . . . . . . . . . . . !!piandtion: . 5. Fauna. wi11 CAe prooosal result tn: Y_s 1%Yge Vo .;al Chtnges in the aiverstty of specles, vr nunotr of any soecies v of fauna (birds. iand an/mais inciuainq r"tiies. jisn ar(d snelltish. bencnit organttms. insects or microtauna)1 . . . . . . . . . . . _ X io) Uauc:lon of tlse numben of any uniaue, rare. or enaan"rra y swles of Iauna? . . . . . . . . . . . . . . . . . . . . . . . _ (c) tntroductton of rtwr swies of taura inLO an araa, or result x fn a harrltr to ;ne mlqraClon or iaDVMient of fauna? . . . . . . . . . • • _ (e) JeceMeration of existinq flsn or rlldlife hiDitat? . . . . . . . . . . . . . lxg,tanation• 5. 4015l. f►S !lIIYQ! ka) 4111 she prooosal incr:aso Ezistiag noise levels' . . . . . • - - - • • • • _xolan~tion: . L:anc ind 31ara. +e5 "j_ oe ~ (a) W1i1 the arooosal aroduce new liaht or giare? . . • • . . • • . . • • • • • _ Exalanatlon: . 2 J (IF SF. _FOR ExPLAX,4TiGiM 15 MOEQUATE, PLEASE .S1'fACFl 4,. XNAL. PAGES.) 8. Land [J5e. ~ Yes !!Ge H4 4a1 Wfli :he prsrpvssi result fn the e1taraclan of tria Prejent or pianned ;a us af a n 1111~ . . . . . ~ . . . . . Exci ana ti an : • a I ~ 9. macurai Rescurces. W131 the prowsal rasul't in: Yes .4a 40 (a) [ncmaso in :3~e rate of ust of &ny naturai resouressT . . . , . . . . . , , . (b) Depletion af arry nanrenerab1e natura'l rasourea? . . . . . . . . . . . . . . Exdlanation° . ~ ° 1c7, Rfsk a# 4Joses, 13oes thae ;)rcoos41 inrrolvr a resk of aa exD1asion ar the ►'es MLft Ns r'elease of baZardaut suostanCt3 (fn+GluctlRq, buL noC ](mlttd to. a1l, "sticides, ctimir-a15. cir radtatton) Sn *.he ev"t af att aCCidwt or upset rondi ti ens? . . . . . . . . . . . . . . . . . . . . . . . . . ~ ~ 'a ~De W1l1 Ltle RrW$tl alter tha lvciktirn« diSrribucion, denst#y, or rgra+wtA rau of zhe humre popviatian of an irrt*t . . . . . . . . . . . . . . . . . . ~~Sar~atiar~; ` 12. livusi ni. W111 the proposal affect existinq nousfn , or crette a den+aad for 3dditional ho ~ . , . . ~ . . . . . . . . . ~9an3T.'~ . - ~ 13. 7ransp,prtatlan}C4rculasion. Wtil the or'o0oSai Msuit in: fes. NO (a) Ceneratlon of aaditianal venicu6ar moveowt? . . . . . . . . . . . . . . . ~ ;b) ET#rcts on existinq parking facil4ties, cr djrnami for r+or perkingT . , , . , . . , (c) Imact uMn exfsc#nq trtnspaMtia+n zystm? . . . . . . . . . . . . . . . fdl A2terat#ons C.o aresent pat4ernx of cl,rculatiax+ or noveMerrt of pecole irradar gooW ~ . * (e) Altarations ta ,aatarborrse,ra#1 or airtrafl1c.' . . . . . . . . . . . . . . ~ IrtCreese 1n trafi'1c IhazarsiS Co mtor aenicles. bieytlisu ar pedestrianz? . . . . , . « . . . . , , , . . . . . . . ExoldnaL!OR• , 14. ?uolic Service5. li11 tns ~rapasil havre en effect uoan, ar mfu1t ~~,s Maybe :n ~need fpr rew or ai tered gorrerne*r+tal serrices tn any a~ of tne follcnring areas: ; a 1 F 1 re Protec'tlon F . . . . . . . , . . . . , . . , , , . . . . . . . ~ X 4b} Po1i~ orl5ta:ctian? . . . . . . . . . . . . . . . . , . . . . . . . _ A (c) SCrtooIt? . . . . . . . . . . . . . . . . . . . . . . . - - . ' - ~ {d) ;arts ar ~tW recrattiona1 fatilitiesT . . . . . . . , , . . . . . . , • ~i (e) Maintenante of ;ub1ic facfi1itles, inciuclfng r+aaas? . . . . . . . . . . . . - Otiter saverm*nLai ser*1 imI , . ~ . . . . . . . . . . . . . , . . . . - ~ (f ) Exn i anataan: ;IF SPACE F{]R F.XPtAKATiflH [S ~i+lWIEWTE. PI.EASE AT''FAC}i ADDYTIQNAL PAGES. ; .nerr~r. '~ttll t'the pr'4v0sa1 result in; 'Fs ='i (a) [Ise of suasr.3ntjal aeoursts of fuel or energyrd . . . . . . . . . . , . . . . 4b1 (3wtnd u,ocn =.x#stfnq sourcs5 af anervs or requtre ~ r,ne deareiapntnt of now sourtes of en~rgy? . . . . . . . . . . . . . . . . - en. ~ 15. 'Jti1itfes, Will the praonsal resu1* In a need far new systems• ds yavae 40 ar 3116*21ratlans `a the `ollorina tztaiities: 1a} Ro►rer ir naCUr'a3 gas? . . . . . . . . . . . . . . . . . . . . . . . ~ (9~ cCim"iCat#am sys' . . . . . . . . . . . . . . . . . . _ . . . . 'r4aZLir? . . . . . . . . . . . . . y . . . . . . . . . . . . . . ~ vd~ 5Lweer or seRtic Canks2 . . . . . . . . . . . . . . . . . . . . . . • ~ - ~e} 5tcnm water qriinage? . . . . . . . , . . _ _ . . . . . . . . . . . ~ 3 _ _ . ! . . ;:F :E f7R tJcP'r+NA'ICN :s tyaaEGw~rF. Pt.EASE a1"~AC:~ TCHAL PM,ES., Sol1a waste snd dtsaosal? . . . . . . . . . . . . . . . . . . . . . . _ ~ lalanatton: 7es Mlybe Na 1?, +jpam 4la1tA, will cne orwosai rlSUlt 1n :h! :TtitiOrt Ot dny halGh haZnT'1S or OOttnt~ t aT nH 1 tA hattrd ( exC : udi rtq mnti 1 htf i th )7 . . . . . . . . . . . . . . :EalanatlOn: 18. Atsthetic=. aill thu proposal result in tnt aostrvction af any scenfc vSS'.a nr iiew open u the publtc, or.wiil the provasai resuit in th* creattcn of an ~ aestMtful ly oftanslvt s4ta ow :a pubi ic viw+? . . . . . . . . . . . . . . . , Explanatton: , 19. "ti 1it11 tlte 7roposal rtsult fn •n rnQa= upon cri* Quatlrl or Quantityli axt:tlnq recritstional opportunitiai? . . . . . . . . . . . . . . . . ~ X ExOlanatl0n: 20, arcnevio tC3i/HiStoricil. 'itl the orooosal resul: in 3n altmtton of 3 Ys '~b 0~ Na siyni cant &rcneo-Tosical or historiu l site. strtxtti:re. cDjett or buiTdinq? r b :.xo i inet!On: , III. SiGMATURE tnt underSigned. swear -indQr ;fle walty of perjury that the aDove nspcnses irs nade '.rvthfeilly ar.d to thR oe3t of my kitoirleCge. I also underst3nd tt+at. snouia there ae any willful mi5*e9res M Catlon or willPul lack of full distlasure ort dry rt .5pokant :our+ty u~y aithdrav anr declaratfer~ ot nonsiitntticanu G~at 1; 'gn iss ~ rellante ~n :ht cnecilst. 61 . ~ett: Or'JPOMMt: Nma J A (Fica Print or tyoo) 0 mp Pro0ontnt: ~ addrtss: ~ • ohone: Person completinq fors: . Phora@: A4 3ata: 'J Oeaertment ar 7ffiut of Councy Reviewing Chwxlist: . Stati Mmer(s) Revie++inq ",heckl isz: ~ . SOUTH 813 PINES ROAD SPOKANE, WAS GTON 99206 . S J i 0 N,-] EAS AI ~ _,JJ ~ L T-,Y, a-.: : s..ii6~::,.~' _ . . (509) 928-7900 Ms. Marsha Ra.ines August 3, 1979 Zoning Administrator Spokane County Planning Dept. North 721 Jefferson Spokane, Washingto 99260 Re: Riegel Heights, P.U.D. Dear Marsha: Enclosed, please find the envixonmental checklist for the change in conditions for the above referenced project. As you indicated, the fee will be waived. The items marked "yes and maybe" have been discussed with 'I'cgn Nosher. Please contact him if you have any questions. ely, VP Robert J. Bethards RECIM A b G'I 1~{ 7 ~ sPaKANE "I „TY PLANNING D`r.P,~r, ► MENT I-PhIl- r R ( REALTOR ~ %N c ~ , TO : /17AL'LY I?U}3BARn Flanninr" -)enartment . . , Juiy 23, 3979. . . ~ . : JU L 25 1979, _ SPOKANE COUNTY stage 1 Reaity, IMC. - PLANNlNG -DEPARTMENT . South 813 Pines Road SpQkane, Vpashington 99206 . _ . , Attention ! P•3r. . Jo 9eph G : W ard Re a Riegel, 116ight~ plAn; Unit Dovelopmbnt . , . Gentlemen : , . ; • ; , . r. , ~ ` . . , - `Your letter relAtive to the above cantione8 matter ~ and directed -to Rosariane Mlontague, Clerr of the Bonrd of. ' County Commissioners of .SAOkane County, has been forwardQd to rtky of fice far re spon$e. ` Aa I understand your proposal, you are desf rous ~ of deleting a nortion of L9t 12, nlock l(Tract A) of RiegQl EieightsAddition Uo. 2 and incorporating within ssid aOdl.tican a. new parcel (Tract 3). : ' Xour •psopasal presents some interesting factual and legal 13suOr whivh should, I believe., be ara$wored at the .outset. . . , Firgtly, r the PUD wa3 approved pursuarit to Chap.4.20 ~.y C~a~ . of the Spakane Co~snty zon~,ncx L~rdinance and prest~mab 5fl.l'7 ~tCt~.. "econ~lly, Scetion 4~. 2Q.02fl of the Sookane Cvuntx 'Zoning Ordinance specifically. sets- forth'the three classiftca= , 49--iona of indivic3uals who nay "$nitiato r" a'?Mo but does not . discuss thoae tvho.-nay inxtiate changes thereto. Presum.ably, . the san►o classes of individuals who can a nitiate artlp pro-- , pnsal can mod3fy the sz-Lrie. 'hfrdlyj a1thC?uqh ~..'hap. 58.12 _RCw . daes dQal with, altozing of r~lats, replatting of plats and ~ vacatinc~ ~lata, it do~s not speal; to a~.ter3.nq 'lats k:y *adr~3nc~ - new property." Too, it has been argued'and IbelievA carrect- . ly, that all plats approvea subsequent to 1969 must be azttended . , pursuant to Chap. 5 8. 37 'RCW not Chap. 50.12 RM ; . w'' • _ ` 5-'`age Real'tyr Iy2C . ' - Ju.ly ,2 3 t 1979 PBae~ Two . , Tn Zight of the above~, it vrauld be my legal, opiyiion . tha~'your., pxoposed amian&tent of 1~.±q_jei -Meightg rIa,r Lguit Devalopm~!nt be prcsce05ed purs,uaat -to the. provasion.e o~ Chap.. r; . 20 of tie z) p~kanQ CQun,ty Zaning Ordinance, it bein~ under- stood- that nbti~~ t-he ~ro~Qaed rehancle_ wAuld ba given pur- suant tcs ' Crtap. 58". 17 R0110 . , - I would a1ppreci.ate -your: ' advising, r~e V<~ixr earliest c4nvenibz►ce: of your. tlnoughts ~ an my pxoposee, sugges-- . , tio.n - sb that I may ap I propziately advxi3e the staff gs' to what m~tho~~ to us- ° in r~acess:~n * y - , ~ g your a.pnlication., . , Ver,y tiriily yotigs, , . , Jante s P. 1raaci-o 3p V-0: is Deputy Prosectz~ing 3~ttox`nay ° cc d Rosani~e IM-aritaQue, ~ clerk , . Boa.rd af Caunty'CQrnmissfaners - , ,.,ally Hu2aberd, P1at.ting Admm.f.niotrator ` . Plan-hing Departtent . , . ~ . . - , . . , . , . . . , , R u~ ~ - V ~ SOUTHO 813 PINES ROAD SPOKANE, WASHING7t7N 94206 AwL E-1 ALT J ~ ~ _1 ~J a ~ - -(509) 928-7900 __.~._~.4A~'i~/ , . A.. .s+. T i 4 • ~•~ii; ;,o sr. ~ , . _ sa a~ , . I ~ n y Ms. IZosanne Montague R ECEIVED Cle.rk of the I3oard Board of Cotmty Ccarmissioners JU L 1 i~• West 1116 Ei^oadway Spokane, Washington 9926a SPOKANE COUiVTY PLANNING DEPARTMENT Dear Rosanne: as aLtorr!ey in fact for the Riegel I3eights Homevwnexs Associai:ion, I respectfully requiest t-iat you place on the next avai.lable agenda our request to modi-y the final plat of Riegel I3eights Plarined Unit Develognent. In t1hat regard, I have enclosed the follawing docments as rcquired by Chaptel' 58.12 RCVJ: 1. Peti. t.ion ' 2. Plat map , 3. Consent af fidavit 9. Plat certificate 5. Special power of attorney 6. fee If yau sh.ould have any quzstions, please do izot hesitate to ca11 ei_ther myself or Bob Beth~-irds ~ 5:ijictrcly, j ~ 7 \I / ' ~ ` 4 I ~ Sosdph G. Ward IF cc : Wally Hubbard, Planning Deparjanent Sunpsan Frzgineers ~ ' - ~ , ~ . 1n?9 spuot eoUIM ~T REPARTi~E ~e+n, sLw rE n~ (K~t7 ' . ECEIVED .1 U L 1 " 1979 . SPOKANE COUNTY PLANNING DEPARTMENT ~ Honorable Board of Ccnunissioners of Spokane County, Washington ~ I, the undersigned, representing three quarters in ntnnber and area of the owners in Riegel Heights Planned Unit DeveloFanent as recorded in Volwme 13 of Plats, page 61, in Spokane County, Washington, who are desirous of altering the shape, size, configuration and location of Lot 12, Block 1 of said plat, as set forth on the plat attached hereto and inoorporated by reference herein, do hereby petition the Board of Ccgtutussioners of Spokane County, Washington that said plat shall be altered in the maruler as set forth on the attached plat, which is by reference incorporated herein. Jose~"' G." Ward, attorney in fact , / - ~ 4 ~ POGqlM OF 11TPORIVEY (Special) I, Lynn L. Nlohler and Meridell L. Mohler, Garry D. Chamberlain ana Linda M. Chamberlain, Robert W. O'Brien and Maureen A. 0'Brlen, Cecil F. Johnson and I,aa J. Johnson, Robert D. Riegel, Terry M. Thapson and Marilynn A. Thatpson, Donald L. Wolfe, Jack P. Maselli and Lynda Maselli and The Kahuna Land C.ompany, Daryl Heimbigner, as his sole and separate property , SpokanE, Washington, hereby designate and appoint JOSEPH G. tnARD, South 813 Pi.nes RQad, Spokane, Washzngton my attorney in fact; for me and in my narne, place and stead to do and perform the following with respect to the real property and intprovenents aHmed by me and legally described as: Lot 12, Block 1, RTFI;F'T• HEIGHTS PLANNID UNIT DEVELOPNIENI', as recorded in Voltane 13, page 61; Spokane County, State of Washington. 'Ib perform every act and thing which he may think necessary to be done i-n and about obtauLing approval for and altering and changing the size and dunensions of Lot 12, Block l, RIF.GEL HEIGHTS PLAN!.MD UNIT Da7£LOPr'IFm, by reconveying all right, title and interest i-n and to the follawi.ng describEd rEal property: That portion of Lot 12 of RIEGEL HEIGHTS PLAMNE:f) I1NIT DEVF1IAPNENI' as re.~eordec3 in Vo7.ume 13 of Plats, gage 79 in Spokane County, Wastu.nqton descrilx.xd L35: Beginning at the NW corner of said Lot 12; thence East along the North l.ine of said Lot 12, a distance of 429.90 fcet to the NE: corner of sasd l.ot; ffience N 00°2G'08" E, along the £.ast la-ne of said Lot, a disUinc4, of 70.00 f(y,± ; t.1if.:ncc- S 63°UU' UO" W, a distance of 425.00 fect; tlivricu 5 39"10' UU" wa ci i:-,t._,i►~ • of 83.68 feet to the West line of said I,ot; thence N 00°11'28" E, a distancc o£ 327.82 feet to the Point of Beginning. and acceptinq the following descrl.bEd real property as an addi t ion to t he present Lot 12 , RIFGEL HEIGHTS PLANN.D UN7T UEVELAP=1' : That portion of the SW 1/4 of the SE 1/4 of Section 23, Tcy~xTnshlp 25 N, Range 43 E.w.M., i-n Spokane County, Washington, descri_bed as follows: Beginning at the SW corner of Lot 11 RIEGEL HEICHTS PLANNED L~IZT DE=PMEN`r as recorded'in Voltmie 13 of Plats, page 79 i-n Spo}:ane County, Washington, thence N 00°11'28" E, along the West line of said Lot 11, a distar.c- of 150.09 feet; to the NW corner of said Lot 11; thence S 89°48'33" E, alonq t.Ji, North ll.ne of said Lot 11, a distance of 200.00 feet to the West 1 i ne of Iot ( in sald DEVTIAPiMENT: thence N 00°11' 28" E, along said West 1.inc:, a U1 St.c3llCt, Gl 388.79 feet to a point N 00°11' 28" W 327.82 feet frcin thc NZ•r corner of Lot 12 s.n sald DEVELOPNENr: thence S 39°10' 00" W, a distance of 508.75 fcrt; thcnre 00"11'28" W, o c3i!,ianc:c of 143.37 fect Iu po1iit- 30.00 fi•(-t 1,.Iort}i o( tin airw ol saici Sl: 1/4; t.}Zenre 589°AE3'33" 1:, 1x>>,i.Llc.1 aiitii .,.11ci 1 i>>, ,t_i 120. U 0 f ee t to the Poi.nt of Beg inn i.ng . To barQain, contract, agree for and accept the seizing and posscssion of all lands and all Deccis and other assurances in t:he law t-herefore, and to b,3.rgair., sell, release, convey and hypothecate the above described prope-rt-_,' upon sucn te=Ls and conditions and under such oovenants as said attornev i-n fac t shal l thLnj: r1`. And also to sign any and a11 documents whlch may be ne,-essa-nj under Ffl: 58.171 FZ-. 58.12 or any other statute law or ordl.nance of state local. or ccuntv gnvcx7unpnt . r ' Y Giving unto mT said attorney full pawe.r to perform every act and thtng which he may think necessary to be done in and about thE rr*utter set forth abovt~, as fully to all intents and pui-poses as I might or could do if personally prescriL, hereby confirm.ulg and ratifying all that my said attorney shall do or cause ta be done by virtue of this docucnEnt. I'N WITNESS 4qT=F, I have hereunto set my hand oi-i tru 5 day of , 1979. Lynn L. Mohler as to Lot 1 Donald,L. Wolfe a to Lot 9 ' Meride L. N]oh1Er as to Lot 1 J~'k P. Maselli as ~a Lot-1~0 l~ ~ _ • i i ~.1.,~ S'_t~'_ ?-I/!~'~ l~~-Pr? r.'~o_ , j! 2 Lynda Masell as t I~ot 10 'CarryA Chi-mberlal.n s o ~ 1.eJ,~ ~ ' . Chamberlain /as t 2' KreM CO~'IP as to , rEinainder bert W. 0' rien a IAt 3 • Dary1' fieimbignef, as to Lot S Maureerr-A. 0, Br ' as to Lot 3 ,l{` . ~'f~ 't.: 1✓Y~\ Cccil F. ~7ofinson/as to Lot 4 , n as ~ Rnbert D. Riegel as his le and separate property, as to Lot 7 `1'c.rry M. Thcnpson as to Lot 8 M~.iri] ynn A. Thc7rtpson c-is to Lot 8 SUBSCRIBED AND S'l,~OFN to before rr-e on this dc-).y of. , 1979. NOTARY PUBT-I Cin and f or the S tatc• c: t•-lashiny ton, resiciinc, in SpUt:3nc.- ~ _ ~ ~ STATE OF VU1SHINGTON ) ) ss CONSIINT AE'FIDAVIT COUNITY OF SPOKANE ) Lyruz L. Nohler and Meridell L. Mohler, Garry D. Chamberlain and I, inda M. Channbcr l a in , Robert W. O' Br ien and Mciureen A. n' Br 1 en , Cec il F' ..Tnh11SoI 1 and Loa J. Johnson, Robe.rt D. Riegel, 2'erry M. Thcn-pson aild Mari lyr un A. 7'nyjrpson, Donald L. Wolfe, Jack P. Maselli and Lynda MasEl.li and mhc Kahuna Iand Ccrrpany, Daryl Heunbicpzer, being f irst duly sWorn upon oath, deposes and says : I am a weinber of the RIDC,EL HEIGH'I'S HOMECX~ZJER.S ASSOCIATION . Iam the owner of an undivlded interest in Lot 12, Block 1 of fu~.~ rEZCI-US PLANNED LJNIT DEVELAPMENI', as per plat recorded in VoluQne 13, page 61, records of Spokane County, Washington. I am aware of the proposals to change the boundaries and area of Lot 12 in REIGEL HEIGHTS PLANNID UNIT DE'VELOPMF.NT• I have had an opportunity to study the survey map prepared by CLARL,tVCE E. S11%IPS0N, Engineers, Inc.•. , which portrays that area of the present Lot 12 of RIDGEL HETGHTS P1ANNED UNZT llEVL:Lk)!'N1L•.N'1' wl iich w111 1x, e1lmLnated wZC.i I-vircc-1 13, 5l iuw i 1 i(j Ll i-i t pl uE M:1-t ywi c•1 i will replace thE propexty given up. I have examined the legaJ descrlption of Parcel A and of Parcel B. Parcel A being legally descri..bed as: That portion of Lot 12 of RIEC1FL HEIGHTS PLPNNED UNIT DEVIIAPMENT as recorded in Volune 13 of Plats, page 79 in Spokane Count}l, Washington, described as: Beginning at the NW corner of said Lot 12; thence East along the Nor.th llnc of said Lot 12, a distancc: of 429.90 fect to thc, NL c-orncr of :,.tld Lot; tl7onc:e N 00°2G' 08" C, alany thc &isr 11 n(~ of said lc)L, ri dt stance of 70.00 feet; thence S 63°00' 00" W, a distance of 425.00 feet; thcricc: S39°10' 00" W, a distance of 83.68 feet to the West line of -said Lot; thelice N 00°11' 28" E, a distance of 327.82 feet to the Point of Beginning. Parcel B being legally described as: That portion of the SW 1/4 of the SE 1/4 of Section 23, 'lbwnship 25N, Range 43 E.W.M., in Spokane County, Washington, described as follaws: Beginriing at the SW corner of Lot 11 RIF= HEIGHTS PI.X`'~1F~~ t7NI'I' D~VF.Li0PMa~TI' as recordcd in Volune 13 of Plats, page 79 in Spokane Courit_}•, t•dashln,11_oTt, thence N 00°11'28" E, along the West line of said I,ot 11, a distance o£ 150.01) fe(,; to the NW corner of said Lot 11; thence S 89°48'33" E, alonq the Nozth line of sa1d Iot 11, a distance of 200.00 feet to the West line of Ik)'L- 9 in said D7\71:I0P~-i'T: l } It'71C:( N 00°1 ~ ~ ~8" 1., alUllq :=,i,11d WC`51:. llllc., ci d1 SLZlI1C.C' ()I {}i}{ . f t -f -l t ( ~ , f } i I It NOO"l 1'2"" W_327. 87 fec:t from thc NW cor>>er (_f I,oL 12 1n r:.i,ci I')1:V11 1)1 t'1l t},-11c S 39°10'00" W, a distance of 508.75 fect; thence S 00°11'28" W, a distance of 143.37 feet to a point 30.00 feet North of the South li-ne of said SE 1/4 ; Uicncc: S 89°48'33" E, parallel with said line, a distance of 120.04 feet to the Point of Beglruiing. I undcrstand anc agree that IAt 12, Block 1 of RYF..)~;FI, HI--IQITS F'i;\M~lD UN9IT DLVC10I'1•Il",TI' will Lx2 altered anc3 ;.uricn3ed hy th(_. ac3dition of ~'il'C t1 li anc: the giviry-j up of ParcAl A. I here-by approvc the Fro?osed changes t_.o tinc, sl zc z3 -id zi?"ca o` in RI= I-EIG-iTS PLA.h~"`ID G`~1IT DE%'IIAP:.III`"T. I bclieve that 1 t 1s; _,T: a,.-n t►~st 1cltctLs1.:, 'i.tx_i lt) t}ic- .t1ltc:.1'CSt:, U: t1jc. U1 101X~1 l, I1!`I(~f'l':1'If•_.':'_~ l':.►'I Di~'L:I_0P1,n.'1I' t1hat Uio size, arca anci o` Lot 12 i.r_, a 1 tcruci j n;~c~ ~r.'.~~:.•-~. ,',1 ~ _ _ ~ r ~ plan preparcxl by GI:.,ARENCL E. SIMPSON, Dzgineers, Inc. O ~ DAZED this day of " , c' . 1,;Tnn I,. Mnhler_ as to Lot: 1 Rober.t D. Ricqrl -,vc hi N4ole -inci 5up<.irate prujx-!r ly,w - Lo Lck 7 ~ Meride L. er o Lot 1 ~ Terry M. Thcupson as to Iot 8 . C'hamberlain as to t 2 Marilynrl A. Thcapson as to Lot 8 ~ a Charr~~ 1 d t n l(~'~~ ' Donal )L. Wolfe as ~~~t 9 -Milt Ja. Brien o IAt -31 Jac . Niaselli as to Ir~t 10 ~ Maureen A. 0'Bri as to Lot 3 Lynda Masc 111 as to 1-0 10 Cec.~ 1 F. Jot nso~ a S t o L o t 4 NA LAND cDlPAA~Y as to thc.. - r ~ ~ ~ - ,•.<<_ Emainder W~..}T.- J~)Y~son as tA Lot 4 1 ~ Dtir. yl- Heiunbignet as to Lot 5 SUBSCRISID AND SWORN to before me on this day of , 1979. NOrI'ARY PUBLIC 1.n and for the State of Washington, residing at Spokane ~ ~ TransameriL Transamerica , , fitle Insurance Compn~., 7itle Insuranc,e Services North 720 Argonne F2oad r''"Wrl r m Spokane, Washin9ton 99206 (509) 922-2222 CERTIFICATE TO PLAT Order No. 96790-M Certificate for Filing Proposed Plat of REPLAT OF RIEGEL HEIGHTS PLANNED UNIT DEVELOPMENT Spokane County Planning Commission N. 721 Jefferson Spokane, Washin;ton Gentlemen: In the matter of the plat submitted for your approval, this Company has examined the records of the County Auditor and County Clerk of Spokane County, tidashington, and the records of the Clerk of the United States Courts holding terms in said County, and from such examination }iercl>y cernLi.c,4 that the title to the following clescr_ ibea land situaLe in Spokane County, to-wit: All of RILGEL HEIGHTS YLANIJED UNIT DEVELOPMENT, as per plat thereof recorded in Volume 13 of Plats, page 79; Situate in the County of Spokane, State of Washington. VESTED IN : LYNN L. 14OHLER and MERIDELL L. MOHLER, husband and wi f e, as to Lot r-"an~ a 1/ 11 interes t in and to Lot 12 and the other areas whicti have been designated as common areas on the Plat of said land; GARRY D. CHAMBERLAIN and LINDA M. CHAMBERLAIN, husband and wife, as to Lot 2 and a 1/11 interest in and to Lot 12 and the other areas which have been designated as common areas on the Plat of said land, KOBERT W. 0' BRIEN and MAUREEN A. 0' BRIEN , husband and wif e, as to Lot 3; CECIL F. JOHNSON and LOA J. JOHNSON, husband and wife, as to Lot 4 and a 1/ 11 interest iti and to Lot 12 and the other areas which have been de,~ignated as comrnon areas on the Plat of said land; ROI3ERT DEE RIEGEI-4 )subject to the comrnunity property interest of his spouse, if married on January 27, 1978, the date of his acquisition of said land, as to Lot 7; TERRY M. TtiOMP'SON and MARILYyIV A. THOMPSON, husband and wife, as to Lot 8 and a 1/11 interest in and to Lot 12 and the other areas which have been designated as common areas on the Plat of said land; DONALD L. WOLFE, a single person, as to Lot 9 and a 1/11 interest in and to Lot 12 and the other areas which have been d signated as common areas on the Plat of said land ; JACK P. MASELLI,~.~~ub j ect to the community property interest , of his wife, if married on April 3, 1979, the date of his acquisition of said land, as to Lot 10 and a 1/11 interest in and to Lot 12 and the other areas which have been designated as common areas on the P 1 a r o F s aa.ci land ; ancl TIIE KAIIUNA LAND COMPANY, a Washington corporation, as to the remainder. . ,f .y ~ . ~.je, ~ ,.n,; ~ h, - ~ > PLANNED UNIT DEVEL VIENT - CHANGE OF CONDIT S 1. PUDE-1-76 and PE-105$-76, Rieael Heatahts Planned Unit Development a. Location: Section 2 3, Township 25 N., Range 43 , EW M. The Final Plat was filed acember 8, 1977 , by Board of County Commissioners' Re solution No. 7 7-143 0, b. Requested Change of Condikion: Consfder changing the boundaries and area of Lot 12, Block 1 which would delete a portion of said Lot 12 (Tract A) and incorporate wi thin said subdivision a new parcel (Tract B). The property is described as follows: Parcel "A" : That portion of Lot 12 of Riegel Heights Planned Unit Develop- ment described as Beginning at the NW corner of said Lot 12; thence E along the N lin,e of said Lot 12, a distance of 429.90 feet to the NE corner of said Lot; thence N 00°26'08"E, along the E line of said lot, a distance of 70.00 feet; thence S 63°00'00"W, a distance of 425.00 feet; thence S 39°10'00"W, a distance of 83. 68 feet to the W line of said Lot; thence N 00 ° 11' 28 "E, a distance of 327.82 feet to the POB, Parc;el "aL: That portion of the SW 1/4 of the SE 1/4 of Section 23-25-43 described as follows: Beginning at the SW corner of Lot 11, Riegel Heights Planned Unit Development; thence N 00°11'28"E, along the W line of said Lot 11, a distance of 150.09 feet to the NW corner of said Lot 11; thence S 89°48'33"E, along the North line of said Lot 11, a distance of 200.00 feet to the West line of Lot 9 in said Development; thence N 00°11'28"E, along said W line, a distance of 388.79 feet to a point N 00°11'28"W 327.87 feet from the NW corner of Lot 12 in said Development; thence S 39 ° 10' 00 "W, a distance of 508 . 75 feet; thence S 00° 11' 28 "W, a distance of 143 . 37 feet to a point 30.00 feet N of the S line of said SE 1/4; thence S 89°48'33 "E, parallel with said line, a distance of 120.00 feet to the POB. All in Section 23, Township 25 N,, Range 43, E,W, M. ~ c. Vicinity Location: North of S fxteenth Avenue, approxima tely 295 feet east of Carnahan Road. d. Applicant: Riegel Heights Homeowners As sociation c% Robert D , Riegel South 911 Houk Road Spokane, WA 99216 e. Site Size: 10 Acres f. Exis ting Zoning : Agricultural, e s tablished April 11 , 1959. No change contemplated. g, Proposed Use of Property: Planned Unit Development - Single family dwellings. h. Application of Zoning Provision: Chapter 4. 20 , Section 4, 20 , 030 i. Environmental Impact: A topic of discussion at this hearing may be whether the Planning Commission has , adequate information to assess the adverse envfronmental impacts of the proposal. The State Environmental Policy Act WAC 197-10-330 (2) provides that: In the event that the further investigations authorized by this section do not provide information reasonably sufficient to assess any potential adverse environmental impacts of the proposal, an E. I. S. shall be prepared." J ~ ~ ~ i t ~ ~ 7 ~ ~1 ~ ~ ~ ~ ` ~ y O a t~ ~ . 4 ~L~^~~ 't ~ l ~ /r '.~~'t ~ • 4 ~ , • r~•~ ~ • . , ~ r Z, MILG • - W-TL -A - 4 ~ s ~v~-+ • s ~~~r~r` ~ ,4'^~~ l~ " ~ ~ . . ~ ~ ~ 4~~~j~ '~~1' , ` . c~~ , ' , ~ • • f' ~ ~ .s ~ 77 1430 • lV 0 . BEFORE THE BOARD OF COUNTY CXMI tr])SIONERS OF SPOY.ANE CMTY, '~lASH7NGTON o 'ar sn A!•- ~ ~1 11Vl,i 111;•' aINLLvy 7,1AX , 0~' :.~~:AL :i:~IG11T i P~NNEa~ UtJIT DEVELOPM~IT ) R E S 0 L U T I 0 I~ ~OCA`fiZ"D 1:4' SZCTIOfJ 23, TQ:1NS410P 25 N. , ) RANG:~ 43, ;.W.i1, aPOKAiVE (AjTiVTY9 tdASHINGTOjJ. } ) ) . BE YT R_E SOLVED BY THE BOARD OF COUNTY COMIiISSIONERS OF SSPOKANE r.4UNTY, 'rIASHINGTODI, that the final plat oi Bef ian" ac; ~ t'A.E~ Sz G'k.' ^d 4'J.1 S~. 7 0 2C ° 0..-' V t, VuAV l. aJ ~;►ae 1..irik; O~' :.~.d~ a'; 3~1.~I/~ 'LJ ~ 'ect; ~',r' 33~' P:.r~le' ..it~i ~tY~~; .;c-LCo irtion; t:.enco ~ la oy St: 2J::.~0 s`'eet ti t;iie t..°;~~c r 03 o+ trl'Mu . cont :nuin;; iV ~9c46' 33^° SrJ ~04.10 feet o tc-ience on a curve coneave to tiie leit Yiaving a central angle oi 1 Qa 06'' S6tP, Rradius oi 603.00 feet, foY• distance of 191.00 feet to tYie S ln c f sd SW }w . thence N o9048' 33t1 W along tt:e S ln of sd SW 34 46.36 feet; thence N 0o23'09" W parallel with the W ln of ad SW 14 30.00' thence P1 Sgn48' 33" w 170. 82' ; thence N Oo 11 ' 26E"E 150.09' ; thence S 39n46' 33" E 200.00 feet; thence N Oa11' 2310 East 716.61 feet; thence E 429.90' ; tizenee S 0r26' 03'° E 531.51 feet; thence N 89033' S2" E 133•59' ; thence S 57p 41 ,10" '.•r 71 .2J' ~ t'.sence S0-09' 26" IrJ 299.85 fcot to the true FOB. Sectxon 23, 'rownsllip 25 r1., Ran$e 43, E.W.14. Spokane County, Washington. more precisely described in the plat dedication, on the recommendation of the Spokane Courity Planning Commission, be, and the same hereby is approved, with thE exception that the public rights of way dedicated in thls plat wlll not be established for maintenance purposes until the County Engineer has certified that the roads have been improved to County sta.ndards and appraved by A separate resolution oi the Board of County Commisslonerso PASSED BY THE BOARD THIS ~ DAY OF BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTONe JERRY C. KOPET, CHM. HARRY M. tARNED RAY W. CHRISTENSEN ATTEST : VERNON OHLA1 JD 1 the By: ~ Deputy ` G Transamereca Transamenca ~ Title Insurance Company Title Insurance Services North 720 Argonne Road ~ Spokane, Washington 99206 (509) 922-2222 F r t SECOND ' CER.TIFICATE TO PLAT Order No. 82241-M Certificate for Filin~ P r.oposed Plat of REGAL HEIGHTS ~LANNFD UNIT nEVELOPMENT . County P 1 anning Cor.unis s ion N. 811 Jefferson - Spokane, Washington Gentlemen: In the matter of the plat submitted for your annroval, this Corlpany ~ has examined the records of the County Auditor and County Clerk of Spokane County, Washington, and the tecords of the Clerk of the United States Courts holding terms in said County, and from such examination hereby certifies that the title to the following described land situate in Spokane County, to-wit : ~ ~ As hereinafter set forth; ~ (see page 3) b ► VESTED IN: ROBERT DEE RIEGEL, as his separate estate. EXCEPTIOr1S : l. General taxes for the last half o.f 1977 in the amount of $152.52, including Weed District Tax (Parcel No. 23534-9123) 2. EASEMENT AND THE TER.NIS AND CONDITIOtIS THEREQF : ' Grantee : The Washington Water Power Conpany, a corporation ► Purpose: Electrical transmission line and telephone system, with right to place 6 poles and right of ~ overhang approximately 30 feet rdorth of the ~ South line of said Southwest quarter of the Southeast quarter, together with ri h~ ~-o°-remove ~ brush and trees R E C E I~/ E D' Dated: March 31, 1955 Recorded: April 22, 1955 Recording r1o. : 312318B SEP 12 1977 (continued) - - --~c - ~ . J Page Z Order No. 82241-M Second Certif. to Plat 3. Right to make necessary slopes for cuts or fills upon property herein described as granted to Spokane County be deed recorded under Recording I1o. 438660C. Records examined to August 30, 1977 at 8:00 A. M. TRANSAr'IERICA TITLE INSUR.ArdCF COMPANY ~ By: Dennis Roberts Title Officer cc: Ralph E. Flagan , Page 3 Order No. 82241-M Second Certif, to Plat DESCRIPTION: That portion of the Southwest quarter of the Southeast quarter of Section 23, Township 25 North, Range 43 E. W. M., described as follows: - Beginning at the Southeast corner of said Southwest quarter of said Southeast quarter; thence Ilorth 0°26'08" West along the East line of said Southwest quarter 30.00 feet; thence North 89°48'33" West parallel with the South line of said Southwest quarter 280.00 feet to the true point of beginning of this description; thence continuing rlorth 89°48'33" West 304.10 feet; thence on a curve concave to the left having a central angle of 18°08'S6", a radius of 60_3.00 feet, for a distance of 191.00 feet to the South line of said Southwest quarter; thence ilorth 89°48'33" tiJest along the South line of said Southwest quarter 46.36 feet; thence North 0°23'09" West parallel with the West line of said Southwest quarter 30.00 feet; thence North 89°48'33" 14est 170.82 feet; thence North 0°11'28" East 150.09 feet; thence South 89°48'33" East 200.00 feet; thence North 0°11'28" East 716.61 feet; thence East 429.90 feet; thence South 0°26'08" East 531.51 feet; thence North 89°33'S2" East 133.59 feet; thence South 57°41'10" West 71.20 feet; thence South 0°09'26" West 299.85 feet to the true point of beginning. Situate in the County of Spokane, State of Washington. i - • -r ~N 0 . 77 !~~5" BEliORE THE BOARD OF COUNTY COMMISSTONL73S OF SPOKATJE CUUNTY, IrJASH1TIGTON. PUDE-1-76 ) ) IN THE MATTER OF APPROVAL OF PLANIVED ) UNIT DEVELOPMENT PROJECT ON PROPERTY ) RESOLU'1'lON LOCATED IN SECTION 23, TOWNSHIP 25 N., ) RANGE 43, E.W.M. SPOKANE COUNTY, ) WASHINGTOPJ. ) The above-entitled matter• coming on regularly for hea.rxn6 bF I'are the Board of County Commissioners of Spokane County, Washington, on this day, and zt appEaring ta the Board that the Spokane County Planning Commission has gi_ven due notice of the hearing on the matter in the manner and for• the tiriie provl ded by 'Law ; that said Planning Commission has held a publxc hearing as required; and thdt the Board of County Commissioners has held its own public hearing as provided by law and hereby approves a Planned Unit DEVelopment on proper•ty described as iollows: That portion of the SW 14 of i;he SE 34 of said Seci,-Lon 23, described as followU: Beginning at the SE cornEr of --aid Slr! A of sdid SE ~'4; thence N 0o28' 04"W along the E line of Said SW /4 30 feet ; thence N 890 4$' 33" W parallel with the S lzne of said SW /a 280 feet, i.o the POB; thence continuing N89o48'33" W 304.10 feet; thence on a curve concave to the left, having a c:entral angle of 18003'56", a radius of 603 feet; for a distance of 191 feet to the sou th line of sald SW'/~+; thence N 89c,4$ ,33" W along the S line of sald SW 14 46.36 feet; thence N 0o23109" W parallel with the W line of sald SW /4 30 .fect; thence N 89o 48'33"W 170.82 feet; thence 0o 11128" E 150.09 Eeet; thence S 89048'33"E 200 feet; thence N Oo11 ' 28"E 716.61 feet thence E 429.9 feet; thence S 0c,26' 08"E 531 .51 feet thence N 89033'52" 133,.59 feet; thence S 57o41'10"W 71.20 feet thence S 0o0912611W 299.85 feet to the true POB. NOW, THEREFORE, BE IT RESOLVED, that the above-described property be, and the same is hereby approved as a Planned Unit Developmznt site in accordance with the Finai Planned Unit Development Plan and explanatory text, and in accordance with the provisions of Chapter 4.20 of the Zoning Ordinance of Spokane County, adopted August 25, 1953, as amended. AND FURTHER BE IT RESOLVED that any use of the proper•ty shall be subjer.t to the following conditions: 1) Prior to the issuance of bullding perml ts for• the pr-ojxt, that t11e Zoning Admina.strator review and approve the condominiwn delcaration, b,y laws and other appropriate documents to the extent that the approval_ of' such documents would guarantee consistency with the final PUD plan. Such document shall adequately guarantee the permanent re tention and mainl;enance of the comrnon open space areas, roadways, pdrking areas, and other cominon racllities, including utilities until or unless such utility facllita.es sti,=z11 be accepted foi• ownership and maintenance b,y a public en tity. Z) ConstruCtion upon and use of the property shall be 121 5ubstailtzal conformance with the below identified Final PUD plans and documents on eile with the application and endorsed by the Chairman of the Board of (:ounty Commissioners. 3) Upon the abandonment of the project or upon the expiration of L-hree (3) years from this approval of the Planned Unit Development which has not been compl eted (or comrnences with an extension of time or c.ompletion granted), the authori- zation shall expire and the land and the structures thereon may be used on1.y for a lawful purpose permltted within the zone in which the Planned Unit Development ls located. APPROVED BY THE BOARD THIS ,p2 f llAY OI' ~ 1977. BOARD OF COtll`JTY COMP1TSSIONERS 0F SP0K11NE COUTvI'Y, WASHINGTON ~ ~ Ve"AA~19 ~ - . . ~ ' ATTE5T : VERN pw-i OHLANL C k the Boar By : , Deputy VtAg ioooo This is to certxfy that this is a true a,n~o~~tpy of Resolution N0. f~-r ~ passed by the ard thi ~ day of ~ - By : eputy I hereby certify that I have posted the above changes and revisions on the 2oning Map in the Building Codes Department, and do further certify that the zone classification change is the same as described above and shown on the attached map. S IGNED : DATED : Lg-7 ~ , r . , . , r ~ ~*NE CHANGES POSTED ON ZO G MAPS Application No. JU QE -I - Res. No. 71• ts1i Res. Date 0Fc, a. 1411 uLvL_oPMENT From: To: ?LAf~1vED ~F , Date Posted: (o Posted By: qA__C 1.1- ML Acres: Sec.Two, oZ5 Range q3 EAST (Wall Map) Building Codes Department Scale: 1" - 1000' ~ (Wall Map) Front Office Scale: 1" - 1000' (Wall Map) Middle Office Scale: 1" - 1000' ~ (Section Maps) Front Office Scale: 1" - 400' (File Map) Tracing #34 (Valley Zoning Map) Scale: 1" - 1000' (File Map) Metro #11 (Director's Office) Scale: 1" - 2000' NAt (File Map) County - Front Office Scale: 1" - 1 mile IV ~ (File Map) County (Map Room) Scale: 1" - 2 miles (Score Card) Middle Office SOUTH EAST (Wall Map) Building Codes Department Scale: 1" - 1000' (VVall Map) Front Off?ce Scale: - 1000' i (vU'311 Map) Middle Office Scale: 1" - 1000' (Section Maps) Front Office Scale: 1"- 400' (Fi1P Map) Tracina #34 (Sotth East Zoning Maps) Scale: - 1000" (File Map) MetrQ 411 (Directors Office) Scale: 1" - 2000' (FiLe Map) County-Front Office Scale: 1" - 1 mile (File Map) County (?Vlap Room) Scale: 1" - 2 miles (Score Cards) Middle Office _ . . ~ , . . BY-LAWS - of RIEGEL HEIGHTS HOMEOWNERS ASSOCIATIOV AP,TICLE I. PLAN OF PRIVATE UNIT DEVELOPh1ENT Section 1. Name. The name of the corporation is RIEGEL HEIGHTS HOMEOWNERS ASSOCIATION, hereinafter referred to as "the association." The principal office of the association shall be located in Spokane Co'unty, Washington. Section 2. Lot Ovinership. The project is located on Lots 1 through 12 of RIEGEL HEIGHTS PLANPJED UNIT DEVELOPMENT as shown by map on file in Book Page , records of Spokane County, Washington. Section 3. By-Laws Applicability. The provisions of these By-Laws are ' applicable to the project. (The term "project" as used herein shall include the land and all structures and improvements thereon.) Section 4. Personal application. All present or future owners, tenants, future tenants, or their employees, or any other person that might use the facilities of the project in any manner, are subject to the regulations set forth in these By-Laws, and as the same may be amended from time to time. _ The mere acquisition or rental of any of the units of the project or the mer•e act of occupancy of any of the units tivill signify that these By-Laws are - accepted, rati fied, and wi li be compl ied wi th. ARTICLE II. VOTING, MAJORITY OF OWNERS, QUORUM, PROXIES. , Section 1. Votin g. Voting shall be on a percentage basis and each owner is entitled to 9.09+ per cent of the vote, being 1/11 of the total vote for each lot owned. Section 2. Majority of Owners. As used in these By-Laws, the term "major- ity of owners" shall mean those owners holding 51% of the votes in accordance with the percentages assigned hereinabove. Section 3. Quorum. Except as othertivise provided in these By-Laws, the presence in person or by proxy of a"majority of owners" as defined in Section 2 of this Article shall constitue a quorum. . = ~ ` ~ - Section 4. Proxies. Votes may be cast in person or by proxy. Proxies must be filed with the Secretary before the appointed time of each meetino. Section 5. Cumulative Voting. Every unit owner entitled to vote at any election for directors of the assoclation, may cumulate his votes and give one candidate a number of votes equal to the number of directors to be elected multiplied by the number of votes to vrhich his percentage of interests are entitled or distribute his votes on the same princiole among as many candidates as he thinks fit. ARTICLE III. ADfIINISTRATIOi1 . , Section 1. Association Pesponsibilities. The owners of the units wiTl constitute the Association of Owners which 4ri11 have the responsibility of administering the project, approving the annual budqet, establishing and collecting monthly assessments and arranQing for the management of the project pursuant to an agreement, containina provisions relatinQ to the duties, obli- gations, removal and compensation of a management agent. Except as otherwise provided, decisions and resolutions of the association shall require approval by a ma j ori ty of olqners. Section 2. Place of P1eeting_ Meetinos of the association sha11 be held at the principal office of the project or such other suitable place convenient to the owners as may be designated hy the Board of Directors. Section 3. Annual Meetinqs. The first annual meeting of the association shall be held in any event within E months following the sale of the first unit, or within 60 days follov►ing the sale of 51% of the units, whichever shall first occur; thereafter, the annual mPetings of the association shall be held on the first Monday of June of each succeeding year or within 1 year of the date of the first annual meeting, whichever sha11 first occur. At such meetings there shall be elected by a ballot of the owners a Board of Directors in accordance with the requirements of Section 5 of Article IV of these by-laws. The owners may also transact such other business of the association as may properly come before them. Section 4, Special Meetinqs. It shall be the duty of the President to call a special meeting of the owners as directed by resolution of the Board of Directors or upon a petition signed by a majority of the owners and having been presented to the Secretary. The notice of any special meeting shall state -2- / + 1 the time and place of such meeting and the purpose thereof. P;o business shall be transacted at a special meeting except as stated in the notice unless hy consent of 4/5ths of the owners present, either in person or hy proxy. Section 5. Pi'otice of Meetinqs. It shall be the duty of the Secretary to mail a notice of each annual or special meetino, statino the purpose there- of, as well as the day, hour and place where it is to be held, to each owner of records, at least 10 days hut not more than 60 days prior to such meetinq. The mailing of a notice in the manner provided in this section sha17 be consid- ered notice served. Section 6. Adjourned t-leetings. If any meeting of owners cannot he organlzed because a quorum has not attended, the owners aiho are present, either in oerson or by proxy, may adjourn the meetina to a time not less than 48 hours from the time the original meeting was called. Section 7, Order of eusiness. The order of business of a11 meetinqs of the owners of units shall be as follows: (a) P.oll call; (b) proof of notice o-11 meeting or waiver of notice; (c) reading of minutestof precedirg meeting; (d) reports of officers; (e) report of comrrittees; (f) election of inspectors of election; (g) election of directors; (h) unfinished • business; and (i) new business. Section 8. Action without Meeting. Any action may be taken at a meeting of the oviners, may be taken without a meeting if authorized by a writing signed by a11 of the owners who would be entitled to vote at a meeting for such purpose, and f i 1 ed wi th the Secretary. ' Section 9. Annual Operation Report. Within 90 days after the end of each fiscal year, an annual fiscal report will be presented to each member of the association. ARTICLE IU. BOARD OF DIRECTORS Section 1. Number and Qualification. The affairs of the association shall be governed by a Board of Directors composed of three persons, all of whom must be owmers of lots in the project, except the first directors. Section 2. Pov1ers and Duties. The Board of Directors shall have the powers and duties necessary for the administration of the affairs of the assocl- ation and may do all such acts and things as are not by law or by these by-laws directed to be exercised and done b.y the owners. The powers of the Board of Directors shall include but not be limited to the followTng: - -3_ - - . , ^ ~ • • ! i . ` J i . OAMt.f; +AJt A _ j' ~ a. Erforce the Arovisions of the declaration of restrictions, b_y- laws or other aqreement; b. contract for and pay fire, casualty, liahTlity and other insurance ~ i nsuri ng the property oviners ; c. contract fior and pay maintenance, gardening, utilities, materials - and suqplies, and services relating to the pro,iect, including legal and account- ing services; d, pay taxes and special assessments which are or would become a lien on the entire project, common areas, or easement areas. . e. pay for reconstruction of any portion of portions of the project damaged or destroyed which are to be rebuilt; f. delegate its powers; g. enter into any unit when necessary in connection with the mainten- ance or construction for which the association is responsible. Section 3. Other Duties. In addition to duties imposed by these by-laws or by resolutions of the association, the Board of [lirectors sha11 be responsible for the following: (a) care, upkeep ard surveillance of the project and the common areas and facilities and the restricted corimon areas and facilities; (b) co]lection of monthly and special assessments from the owners; and (c) designation and dismissal of the personnel necessary for the maintenance and operation of the project, the common areas and facilities and restricted common areas and faci 1 i ti es . Section 4. Manayement Aqent. The Board of Qirectors may employ for the association a management agent at a compensation establisheci by the Board to perform such duties and services as the Board shall authorize incTuding, but not limited to, the duties listed in Sections 2 and 3 of this Article. ° Section 5, Election and Term of Office. At the first annual meeting of the association, the term of office of two directors shall be fixed for 2 years; the term of office of one director shall he fixed at 1 year, At the expiration . of the initial term of office of each respective director, his successor shail be elected to serve a term of 2 years. The directors shail hold office until their successors have been elected and hold their first meetina. Section E. Vacancies. Vacancies in the Board of Directors caused hy any reason other than the removal of a Director by a vote of the Association shall be filled by vote of the majority of the remaining Directors, even thouah -4- . _ i they may constitute less than a quorum; and each person so elected shall be a Director until a successor is elected at the next annual meetin4 of the Associ- ation. Section 7. Removal of Directors. At any regular or special meeting of owners duly called, any one or more of the directors may be removed with or without cause by a majority of the owners and a successor may then and there be elected to fill the vacancy thus created (by cumulative votino as provided in Article II, Section 5.) P,ny director whose removal has been proposed by the owners shall be given an opportunity to he heard at the meeting. Section 8. Organization Meetinq. The first meeting of a newly elected Board of Directors sha11 be held within 10 days of election at such place as shall be fixed by the directors at the meeting at which such directors H►ere elected, and no notice shall be necessary to the newly elected directors in order legally to constitute such meeting, providinq a ma,jority of the whole Bo,ard shall be present. Section 9. Regular Meetings. Reqular meetings of the 6oard of Directors may be held at such time and place as shall be determined, from time to time, by a majority of the directors, but at least one such meeting shall be held during each fiscal year. P'otice of regular meetinns of the P•oard of Directors shall be given to each director, personally or by mail, telephone or teleqraph, at least 3 days prior to the day named for such meetinq. Section 10. Special Meetinqs. Special meetinqs of the Board of Directors may be called by the President on 3 days notice to each director, given personally or by mail, telephone or telegraph, which notice shall state the time, place (as hereinabove provided) and purpose of the rneeting. Special meetings of the Board of Directors shall be called by tbe President or Secretary in like manner and on like notice on the vrritten request of at least three directors. Section 11. Waiver of PJotice. Before or at any meeting of the Board of Directors, any director may, in writing, waive notice of such meeting and such waiver shall be deemed equivalent to the givinq of such notice. Attendance by a director at any meeting of the Board of Directors shall be a waiver of notice by him of the time and place thereof. If all the directors are present at any meeting of the Board, notice shall not be required and any business may be transacted at such meeting. -5- « ' . Section 12. Board of Directors' Quorurn. At a7l meetings of the Board ❑f Directors, a majorit,y of the directors shafiT canstitute a ataorum for *the transactTon of business, and the acts of the majarit,y of the Qirectors present at a meet i ng at whT ch a quorum is present s hai 1 be the acts of the Board of Di rectars. If, at any meeti nq of the Foard of Directars, there be less than a quarum presen-~~ the majority of those present ma,y adjaurn the meeting fram tTme ta time. At any such adjourned meeting ~ny business which mYght have been transacted at the meeting as originally called may be transacted without further notice. I Section 13. Action without Meetina. The directors shall have the right ta take any act7on fin the absence af ameetYng which they cauTd take at a meetina by obtaining the written approvaT of all dir+ectvrs. Any action so appr°oved sha1l have the sane effect as though taken at a meeting of the directors, ARTICLE V. OFFICERS . Section 1. Qesignation. The principal officers of the Assoeiat7on shall be a President, U3ce-President, Secretary ard a ?reasurert all of wham shall be elected by and fr°om the Board af Directors. The offices of Secretary and Treasurer ma,y be held by the same person. Secttian 2. Electian of Offieers. The afficers of the Associatiort shall be elected anruall,y by the Baard of Directors at the ar~anita~ion meeting of each flew Baard and shall hald affice at the pleasure of the Board, . Seeti on 3. Removal of Officers. Upvn an affirmative vate of a majori ty af the members af the Board of Dtrectors, any pfficer may be removed, either with or wi thaut cause, and his suecessor e1 ected at any regular meeting 'af the Bvard of Directprs, or any speciaT meetina af the Roard called for such purpose. , ,Sectivn 4, President. The Pres ident shall he the chief exeeuti'ue off iter af the Associatian. He shal7 preside at all meetings of the Association and of the Board of airectors. N~ ~hal7 have al1of the qeneral povrers and duties which are usua~ly vested in tFre office of President of an AssociatYon, inGludirrg but nat 7imi ted ta, the power to appoint cvmimittees from among the owners from time ta time as he may in his d7scretian decide is appropriate ta assist in the conduct of the affairs of the Association. , -6- r~ t Section 5. Vice-Presicient. The Vice-President shall take the place of the President and perform his duties whenever the President shall be absent or unable to act. If neither the President nor the Vice-President is able to act, the Board of Directors shall appoint some other member of the Foard to do so on an interim. basis. The Vice-President shall also perform such other duties as shall from time to time be imposed upon him hy the Eoard of Directors. Section 6. Secretary. The Secretary shall keep the minutes of all meetinQs of the Board of Directors and the minutes of all meetinns of the Association; he shall have charge of such books and papers as the P,oard of Directors may direct; and he shaTl, in oeneral, perform all duties incident to the office of Secretary. Section 7. Treasurer. The Treasurer shall have responsihility for . Association funds and securities and shall be responsible for keeping fu11 and accurate accounts of all receipts and disbursements in books belonging to the Association. F'e shal l be responsible for the deposit of a11 moneys,and other valuable effects in the name, and to the credit of, the Association, in such depositaries as may fron time to time be designated k:y the Board of Directors. ARTICLE VI, OBLIGATIOtIS OF TfIE OWNERS , Section 1. Assessments. (a) Al1 owners arP obligated to pay monthly ' (and any special) assessments imposed by the Association to meet all project communal expenses, which may include a liability insurance policy premium and an insurance premium for a policy to cover repair and reconstruction work in case of hurricane, fire, earthquake, or other hazard. The assessments shall be made pro rata according to the proportionate shares of each unit owner, each as to a one-eleventh share per unit. -Such assessments shall include monthly payments to a general operating reserve. The Poard of Directors shall determine hovi and a;hen payments are to be made. In the absence of such determ- ination, not later than 30 days prior to the beginninq of each calendar year, the Association shall estimate the total charges to be assessed aqainst each lot. Each owner thereof shall thereafter pay to the association his assessment in 12 equal monthly instailments, each installment to be paid on or hefore the lOth day of each month. In the event the Association shall determine that the estimate of total charges for the current year is, or wi11 become Tnadequate to meet all expenses of the project for any reason, including non-payment of . any owner's assessment on a current basis, it shall immediately determine the -7- " < approximate amount of such inac+equacy and issLie a suoplemental estimate of the total charges to be assessed against each lot. The Association ma,y, at its discretion, prorate any such supplemental assessment between the remaining months of the calendar year, or immediately levy a special assessment aQainst each lot. Each monthly installment shall hecome delinouent if not paid on or before the 25th day of each rriontb. Each special assessment shall become delinQUent if not paid within 10 days after the levy thereof. There sha17 accrue with each such delinquent special assessment, a late charae of $5 toqether with interest at 8% per annum on such delinquent sums, calculated from the date of delinquency to and including the date full payment is received by the Association. (b) The Board of Directors or the Management Agent of the Association, on behalf of the Association, may cause to be recorded in the office of the County Recorder of the County in which the project is situated, a notice of any delinquent sums due the Association from any lot owner, which notice sha11 state the amount of such delinquent sums and other authorized charges and interest (including the cost of recording such notice) a sufficient description of'the premises against which the same has been assessed, and the name of the record owner or owners thereof. Upon payment to the Association of such delin- , quent sums and charges in connection thereviith, or other satisfaction thereof, the Board of Directors or Management Agent shall cause to be recorded a further notice stating the satisfaction and release of such delinouent sums and char4es. . Such notices shall be signed on behalf of the Association hy any member of the Board of Directors or by the F'anagement Agent. ?he Association may demard and receive the cost of recordation of such release before recording same. Any purchaser or encumbrancer, actinQ in good faith and for value, may rely upon such notice of satisfaction and release as conclusive proof of the full satis- faction of the sums stated in the notice of delinquent sums. (c) All such delinquencies shall he enforced, collected and/or foreclosed in the manner provided in these hy-laws and the declaration of restrictions, Collection includes foreclosure of liens, and actions at law in persorram against the owner of any unit who has not paid an assessment when due, and any other legal remedy. The association may recover any attornPy's fees in collection of assessments in enforcement of any obligations under these restrictions. . _g_ ; - - - - ' - . • T• s , . Section 2. P-laintenance & Repair. (a) Every ov/ner must perform promptly al 1 mai ntenance and repai r v;ork wi thi n hi s own uni t, whi ch if omi tted vlaul d affect the project in its entirety or in part belonqing to other owners, being expressly responsible for the damage and liabilities that his failure to do so may engender. (b) All the repairs of internal installations of the owner's lots, such as water, ' liaht, gas, power, sewage, telephones, air conditioners, sanitary instalTations, doors, windows, lamps, and all ather accessories belonging to the units area shall be at owner's expense. . , (c) An owner shall reimburse the association for any expenditures incurred in repairing or replacing any common area and facility damaged through his fault. Section 3. Use of famil.y Units - Internal Chanqes. (a) All units shall be utilized for residential purposes only. (b) An owner shall not make structural modifications or alterations in his unit or installations located herein arithout previously notifyina the association in writ?ng, through the Manaaement Agent, if any, or through the President of the Board of Directors, if no Management agent is employed, and the architectural control committee as set forth in the declaration. The association and the architectural control committee shall have the obligation to answer within 30 days and failure to do so within the stipulated tYme shall mean that there is no objection to the proposed modification or alteration. Section 4. Right of Entrr. (a) An owner shall grant the rioht of entry to the htanagement Agent or to any other person authorized by the Board of Directors or the association in case of any emergency originating in or threatening his unit, whether the owner is present at the time or not. (b) An owner shall permit other oVrners or their reprPSentatives, when ' so required, to enter his unit for the purpose of performing installations, alterations, or repairs, to the mechanical or electrical services provided that requests for entry are made in advance and that such entry is at a time conven- ient to the oHmer. In case of emergency, such right of entry shall be immediate. Section 5. Rul es of Conduct. (a ) Pdo resi dent of the pro ject sha11 post any advertisements or posters of any kind in or on the pro,iect, except as auth- orized by the association or except a sign of customery and reasonahle dimensions advertising the unit for sale. - ~ . -q- 1 No unzt shal1be used i n such manner as to obstruct or interferc writh the ertjoyment by residents af other uni ts or annoy them by unreasonabl e nvi ses or otherwi se, nor shall any nui sance or 7mmoral or i 1] egal activity be committed or permitted ta occur. No noxiaus or offens i ve activi t,y shall be carried on, (c ) No exteriar cl othesline sh~ll be erected or mai ntai ned and there shali be no drying or 7 aunderi ng of clothes an the baleanies, pati ❑s, porches,, or other areas. Dags, cats, or other househ4ld pets may be kept, prov7ded that they are nvt kept, bred or maintained for any cornmercf al purpose,❑r in unreasonabl e quantiti es and provided wri tten approva T af the as sociatian or declarant is first obtaTned, (d) No awner, resident, resident or ]essee shall insta7l wiring for e1ec- tri cal or te1ephone i nsta1 Tatian , te7 evi si on antennae, machi nes,or air corrditi aning units, etc.,an the exterior vf the buildings af the project or that pratrude thraugh the wal Ts or the roof of the bulldings eaccept as authorized by the association. (e) Yn order to insure adequate aesthetic contro2s and ta maintain the general attractive appearance af the project (1) no owner, resident or^ lessee shal1, at hi s expense or athenvi se , canstruct ferrces, wal ls or make any alterations, addi- ti ons or modi ficati ons to any part or pqrtion of the common areas, or pi ace or maintain any objects on or about the exterior of,any building within the prnjeet except as authori zed by the associ ation and the archi tectural control cammi ttee set up in the Declarat7an, and (2) na owner, resident, lessee, invitee, or ather person, with or without the purported consent or ~~~perati on af any owner, resident or lessee, sha17 park, store or maintai n i n or on the project any boats, trai lers ,campers, or other veh7c1 es not customari l,y used as a means for general transportatian. Provided, however, th,at thc temparary parkirrg of the aforesaid bOatS, t3'"aTleY'S, Cd1T~perS, or 0ther Yek]iCleS n0t CuStOfiZ3Y'~ly uSed dS a R1edT1S foY` general transportat»n for pQriods of sk~ort duration, but not to exceed 4haurs w~thin any $8 consecutive haur periad as an incTdent to Taading or urrloading therefrom shal] not be deemed a vio7ation hereof. Provided, further, that the Board of D7rectors of the association may adopt such additiona1 ruTes and regula- tions respecting this prov7sion as from time to time seems in the best interests of the Qwr+ers. 5ection 6. _ 5pecial Assessments and lJse ❑f Insurance Proceeds. (a) Special. ass~~sinents shall be ca~ lected b,y the Baard far capital improvements in the same - manner as general assessment colTecti ons; provi ded, hawever, that nv speci al - , - - - - _ . r - • . ~ R - ~ 1 ' . • assessments shall be imposed on any urit owner in an amount over and above $700 per unit vritnout the approval of a majority of the o4rners effected thereby. (b) 5ub;ect to the prior rights of the lender or lenders, in the event of a partial or total destruction of or damage to any improvements in the common areas, all insurance funds received as a result thereof shaTl be deposited into . a fund set up for that purpose, and all monies so deposited to said fund shall be used to repair, restore or reDlace said improvements, unless a majorit,y of the owners elect othert,lise, in which event said insurance proceeds sha11 first be used to pay any existing liens on said comar.on area, in order of preference, with the balance to be distributed equally amono the unit ok►ners. ARTICLE VII. AMENDMENTS TO PLAN 4F HOME OWNERSHIP • Section l. By-Laws. These Ry-Lavis and the Declaration referred to in Article I, Section 4 hereof, may be amended by the Association in a duly consti- tuted meeting for such purpose or by vrritten cansent as provided in Article III, Section 8 hereof, and no amendment shall take effect unless approved hy owners representi ng at 1 east 7510 of the total vot i nct i nterest of a1 Z uni ts i n the pro,iect as shown in the Declaration, and provided further, that no amendment shall take effect unless approved by: (a) P1ortgages representing at least 75/ of the total record value of all First Mortgages (meaning any mortgaqe with first priority over other mortgages) af-fecting the project; and Further provided that no such amendment shal'1 take effect unless it correctly refers to said Declaration ty reciting the name of the Declarant, the name of the project, and the recording data of said Declaration; and further provided that no such amendment shall take effect until it has been duly recorded in the Office of the County Recorder. It shall be the responsibility of the Qoard of Directors to rnai1 a notice , of any such amendments to ail nortgages appearing in the book entitled "Mortgages of Premises" referred to in Article VIII hereof; provided, however, that its failure to do so shall not invalidate any such amendment. • ARTICLE VIII. MQRTGAGES Section T., Notice to Association. An owner who mortgages his premises shalT notify the Association through the Management agent, if any, or the President of.the Eoard of Directors in the event there is no P1anaqement Agent, the name and address of his mortgagee, and the Association shall maintain such information _ -11- _ + ' ~ ~ . . i n a boo{; ent i tl eu ''P'ortgagees cf l!ni ts' . 1',ny such ownFr sha 11 1 i kewi se noti fy thE Association as to the rElease or discharne rif any sucf-i mortgaQe. The term "tlortgagee" anci "Nortnacjor" sha 1 1 ar►pl y a1 so to henef i ci ary and trustor under Deed of Trust. Section 2. Notice of Unpaid bssessr:ents. The associaticn sliall, at the request of a mcrtgagee of a ur,i t, report any unpaid assessments due from the owner cf sucli uri t. ARTICLE IX The folloviincr terrsis, as used in tt;ese I'y-Laws, shall have the sane meaning dS-are ap(?Z1eC] tU Sl+Cfl te1"mS lfl Dec]aration: "PrOjeCt", "COITmon itrea5~~. "UT11t", "Mortgayee", "Trustor" and "Ceneficiary". ARTICLE A In case any af these by-laws cunflict with nry provisions of the laws of the State of Washington, such cor,fl icting ty-lavrs shal l t-e null and void upon final court determi►tation to such effect, but a11 other hy-laws shall remain in full force and effPCt. CERTIFIC/1TF UF `:rCRFTl1RY I, the undersigned, do herehy certify that: l. I am the duly elected ancl actinn cecrrtnrv of RIFGEL HEIGHTS HOMEO4'NERS ASSOCIATION, a I1'ashington nonprofi t enti ty; and 2. The foregoing by-lav:s, comnrising 12 pages, (includinq this paoe), constitute thE by-1aws of the corporation duly adopted at the rrieeting of the 6oard of Directors thereof duly helci on , IN 4JITNESS t!I'EREOF, I have hereunto sur-scrihed m,y name and affixed the seal of this corporation this da,y of 19 , (corporate seal ) Mari jane T. Rienel , Secretary . -12- - - - - • , ~ ~ F. ~ DECLARATION OF RESTRICTIONS (Enabling Declaration Establishing a Planned Unit Development) ROBERT RIEGEL, a Washington resident, hereinafter referred to as "declarant" is the owner of that certain real property subject to this declaration, located in the County of Spokane, State of Washington, more particularly described as follows: Lots 1 through 12 of RIEGEL HEIGHTS PLANNED UNIT DEVELOP- MENT, as per map reco rded in Book , Page records of Spokane County, Washington, and does hereby declare and certify as follows: RECITALS , l. Declarant is the owner of the above-described real property. 2. Declarant intends to improve the property by developing 11 lots for single family residences: Said lots are numbered 1 through 12, with lot 12 to be held as a common area, all of which is to be designed and designated substantially in accordance with plans and specifications styled RIEGEL HEIGHTS PLANNED UNIT DEVELOPMENT, hereinafter to be referred to as "the project." The single street in the project is designed as common area. . 3. Declarant hereby establishes by this declaration a plan for the individual ownership of the real property estates consisting of the area or space contained in each of the lots and the co-ownership by the individual and separate owners thereof as tenants in common and as hereinafter set forth, of all of the remaining real property which is hereinafter defined and referred to herein as "the common areas." DECLARATION , Pursuant to the foregoing, declarant does hereby make the following declaration as to division, easements, rights, liens, charges, covenants, re- strictions, limitations, conditions, and uses to which the development may be put, hereby specifying that such declaration shall constitute covenants to run with the land and shall be binding on declarant, its successors and assigns, and all subsequent owners of all of any part of the project, together with their a l yrantees, successors, hei rs , rxecutor;, admini strators , devi sees or assigns : I. PLAPJ OF DEVELOPMEP1T A. Declarant, iri order to estahlish aplan of privatP unit development ownership for the project, herehy covenants and agrees that it hereby divides the project into the following separate freehold estates: l. Eacli of the 11 lots, each separately shown, numbered and desig- nated on the area p1an, consisting of sheets, recorded , 197as Instrument rio. , Official records of Spokane County, llashinoton, Hihich said plan is incorporated herein by reference, and vrhich descrihes legally each residential lot. In interpreting deeds, declarations and plans, the existing physical ~ boundaries of the lats or of a lot reconstructed in substantial accordance arith the original plans thereof sliall be canclusively presumed to be its boundaries, rather than the rietes and t;ouncls or other description expressed in the dePd, plan or declaration, rec?ardless of settling or lateral move- ment and regardless of minor variance hetween houndaries shown on the plan or in the deed and declaration. 2. A f reehold estate consistinn of the remaining portians of the project is described and referred to herein as comrrian area Lot 12 and the Street officially named Riegel Lane, consistina of trees and other land- scapina, recreational area, a1dlE:ways, nrePn areas, driveways, patios, and other areas of comrr.on ovinership as mcre particularly described in said recorded Lot plan, as hereinabove set forth. 3. Each lot, togethPr with the respective undivided interests in the corrmon areas specified and estahlished in paraqraph (5) hereof, is defined and hereinafter referrecl to as "lot" hy number and the ownership of each Lot shall include such Lot and stich undivided interest in the common areas, 4. The eleven individual lots herehy established for construction of residential homes and H,hich sfiall be individually conveved are described as lots numbered one through elever of RIEGEL HEIGHTS PLANNED UNIT DEVELOPMENT. 5. The undivided interest in the common areas hereby established and which shall be conveyed with each respective lot is a one-eleventh interest therein and shall be known as Lot 12 hereof, and the Street named Riegel Lane. Each of the above respective undivided interests estahlished and to -2- I \ be conveyed wi th the respecti vE! 1 ots cannot be chanoed, and decl arant, its successars arcl assians, covenant and acree the undivided interests in the common areas and the fee titles to thP respective lots conveyed therewith shall not he separated or separately convelved and each such undivided interest shall he deemed to be conve,yed or encumhered wi'th each respective unit even thaugfi the clescription in the instrument of convey- ed and each such undivided interest shall be deemed to be conveyed or encumbered viith each respcctive unit even though the description in the ' instrument of conveyance or• encumhrance may refer only to the fee title to the respective lot. E. The proportionate shares of thF separate owners of the respective Lots in the profits and comrion exper.ses in the common areas, as well as their proportionate representation for votinn purposes in Riegel Heights Homeowners Association, a Washinnton non-profit association, hereinafter called "the association", shall ae one-eleventh; i.e., 1/11 share and one vote for each lot. 7. The common areas shall remain undivided as set forth above, and no owner shall bring any action for partition it being aqreed that this restriction is necessary in order to preserve the rights of the owners with respect to the operation and manar,erient of the project. 8. The Architectural Control Committee, as set forth in the Declaration of the By-Lavis of the association, rray barqain for or offer to purchase or accept as qifts additional real property strictly limited to additions to the common areas, and thereafter present to all members of the association for accertance hy a80;' majority of the members of the association's written proposal. SL,ch proposal shall contain all descrip- tions of the real property anc1 all pertinent information of it's cost, use, need, and future or presPnt plans. The proposal shall set out the properties' specific use such as plans for green areas, swimming pool, caretakers residence, tool house, g«rden areas or similar common area uses. Such proposal heing accepted hy an 800Z ma,iority may be carried , out. Such duly noted proposal shall nat be unnecessarily bound hy regulations "II", "uses of Property" following. It is further understood and anreed ~v all memhers that additional use of the effluent line and drainfield shall he automatically granted to applicants of the surroundina area. The additional use and hook-ins -3- v shal l be 1 imi ted to si;• in numher- and al 1, i f any, shall bear thei r proportionate resporsibility, firancially, and shall be required to perform for that service unaer all rules and renulations herein set forth for ; the care and r;a i ntenance of the effl uent systerr i n i t' s enti rety. I1. USES GF PROPCRTY l. The lots shall be occupied and used by the respective owners only as si ngl e fami ly pri vate dvoe11 i ngS for the owners, hi s fami 1_y, tenants, and social guests, and for na other purpose. 2. If any portion cf the common area encroaches upon the lots, a valid easerrent for the encroachment and for the waintenance of same, sa lono as it stands, shall and does exist. In thF event any structure is partially or totally destroyed and then rehuilt, the owners of lots agree that minor encroach- ments of parts ofi the common areas due to construction shall be permitted and that valid easements for such encroachmPnt and the niaintenance thereof shall exist. 3. tlo laundry, bedding, narmPnt or thing of like nature shall be hung on any of the permises ivhere visit-le to the puhlic. If any such articles are to be hung outdoors, a dryinc! yard enclosed from the view of adjacent property must be providec far such purposes. 4. No individual seviage clisposal system shall be permittecf on said property unless such system is designed, located and constructed in accordance with the standards, requiremPnts and recommendations of the State and local public health authorities. /Ipproval of such system as installed must first be obtained from such authorities. ProviclEd, however, that each owner, by acceptance of the deed, grants to each other, ovrner all necessary reciprocal rights or easements in and on property held ty each such owner separately, or i n common ownershi p v►i th the other owners on Lot 12 for thF construction, maintenance, and rePair of all necessary septic tanl:s, sev(er lines, and other sanitary services, and percolation therefroni, for tfie use and occupancy of each resident. It is herein acl:novilednecl hy each owner of one or more lots in the project that installation of a sept;ic tank sewer unit is required under the above stated requirements, and that a common effluent disposal line for each lot and area now exists, and rioht-of-wa~vs and easements for said disposal 1 i nes and common areas wi thi nand rri thout the pro,ject; and further, that said disposal effluent line, its connections and appurtances as installed or -4- to be installed, repaired, adjusted, replaced or maintained shall be and is the obl igation of the Riegel Heinhts. flomeowners Association; and said obligation includes each owner's proportionate financial suoport and nothino herein stated shall relieve any or all lot owners of said otligation. It is also herein agreed that all installed septic tanks on each individual lot shall be inspected and aumped dry every three years, or a lesser time, if so noted by the association, such rate of 511% as herein specified, shall bF deemed passed. 5. No garage, basement, out-hui1ding, shack, barn, tent, trailer, mobile home, or temporary structure placed or maintained on any lot shall at any time be used or occupied as a residence, either teriporarily or permanently. 6. No trailer, boat, camper or other vehicle not customarily used for means of general transportation shall be parked on the premises for any period exceeding 4 hours within any 48 consecutive hour period as an incident to load- ing or unloading therPf rom. 7. No derrick, rin, or other structure designed for use in boring, mining or drilling for oil, natural nas, or other hydrocarhon suhstances, or precious minerals, shall ever he erected, maintained or pernitted upon said property. 8. No trade or noxious or offensive activity shall he carried on upon said property or any part thereof, nor shall anything be done or maintained thereon which shall be or became an annoyance or nuisance to the neighborhood. 9. No stable, poultry house, pigeon loft, or rahhit liut shall he constructed or maintained on any lot nor shall horses, cattle, coais, qoats, sheep or other animals, fowls, or poultry, be raised or kept upon the said property; except that dogs and cats and other small house nets may he kept upon said property, provided they are not kept, bred, or raised thereon for corrcmercial purposes or in unreasonahle quantities, and provided vrritten approval of the association is first obtained. 10. The use of any huilding for a public boarding house, lodaing house, sanitarium, hospital, asylum, or institution of any kindred nature, or anythinq which may become a nuisance to the neighhorhood is expressly prohibited. 11. The respective lots or single family dwellings thereon shall not be rented by the owners thereof for transient or hotel purposes, which shall he defined as rental for any period less than 30 days. nther than the foreqoing -5- . obligations, the owners of the respective lots shall have absolute rictht to lEase same, provided that the lease is made suhject to the covenants, conditions, restrictions, limitations, and uses contained in this cleclaration and further su bj ect to the by-1 avis a ttached fiereto. III. APPROVAL OF PLANS l. The architectural control corrn.ittee shall consist of three members, also allowing cne non-member. The original members and one non-member of said committee shall ~e as follows: Robert C. Riegel, Marijane T. Riegel and Donald Reed, Architect. ✓ 2. A majority of the corrmittee may designate a representative to act for it. In the event of the death or resignation of any meriher of the committee, ~ the remaining members shall have the full authority to desionate a successor until the next general election of the association as hereinafter provided. Neither the members of the corrmittee nor its desionated representatives shall be entitled to any compensation atlier than expenses for services performed pursuant to these covenants. 3. The comanittee's approval or disapproval as required in these covenants shall be in writing. In the event the comrrittee or its designated representatives fail to a-prove or disapprove viithin 30 da,ys after plans and specifications have been submitted to it, approval thereaf shall not he rFquired, and the related covenants shall be deemed to have been fully complied with. 4. No building, structure, fence, wall, or any other installation shall be erected, re-erected, reconstructed, placed, repaired, altered, repainted or redecorated on the exteriors ofi any lot until the plans and specifications therefor have been approved by tfie archi tectural control conuni ttee as to the quality of workmanship and materials, harinon,y of exterior designs with existing structures, and as to location with respect to tapooraphy and finished grade elevation. Said committee shall exercise complete discretion and authority as to the exterior colors and materials tu he used on or applied to said buildinqs, structures, fences, walls, and installations, and as to front and side set- backs and building lines. 5. At such time as the powers and duties under this declaration have been transferred to the association, as hereinafter provided, the association shall have control over the architectural committee. The architectural committee shall serve terms of one year. The Roard of Directors shall appoint -C~- nev, members to fill vacancies on the architectural committee. Members of tihe architectural committee can he re-elected. 6. No signs or other advertisinq dPVise of any character shall be erected or maintained upon any part of said property, except that declarant may erect and maintain on said property such signs and other advertising dPVices as it may deem necessary or proper in conrection with the conduct of its operations for the development, improvemPnt, sub-division and sales of said property. I V . OCCUPArJCY ' l. An oviner of a unit shall automatically, upon hecoming the owner of same, be a nember of the association and shall remain a member thereof until such time as his or her ownership ceases for any reason, at which time said member- ship in the association shall automatically cease. 2. The owners of all the units covenant and aqree that the administration of the project shall be in accordance with the provisions of this declaration, the articles and by-laws of the association which are collectivel,y attached ~ hereto, as Exhibit A, and made a part hereof. In the event any of the matters in Exhibit A are in any vlay inconsistent with any matters in this declaration, then any such matters in this dPCiar•ation shall prevail. 3. Each owner, tenant or occupant of a unit shall comply vrith the pro- visions of this declaration, by-laws, decisions and resolutions of the association or its duly authorized representativF►, a11 as lawfull,y amPnded from time to time, and failure to comply with any such nrovisions, decisions, resolutions, shall be grounds for an action to recover sunis due for cfamages or for injunctive relief, as hereinafter set forth under "additional powers of declarant and association". 4. No owner of a urit may exemnt himself from liahility for his contri- bution towards the comrtior expenses hy waiver of the use or enjoyment of any of the common areas or hy the abandonment of his unit. 5. Except as provicled in Article III, in a voluntary conveyance of a unit, the grantee of the same shall be ,jointly and sevPrally liahle with the grantor of all unpaid assessments by the association aqainst the latter for his share of the common expenses up to the time of the orant or conveyance, without prejudice to the grantee's riqht to recover from grantor the amounts paid by grantee therefor. However, any such grantee shall be entitled to a ~ statement from the association settinn forth the amount of the unpaid assessments -7- . aqainst the grantor duc the associatiori, ard such qrartPe shall not be liable for, nor shall ihe prorerty conveyed bE sur.ject to a lien for, any unpaid assessments made by the ussaciation aaainst the qrantor in excess of the amounts set fiorth in the statement, provided, however, the nrantee shall be liable for any such assessment bPCOroina due after the date of any such statement. V. ADDITIONAL POllERS OF nECLARAPIT P.PID ASSOCIATrON l. Declarant or the association to which any of the riqhts of declarant may hereafter be assigned has and stiall have all necPSSary poHlers, riahts, and privileges to maintazn arid improve said property and to act for the peace, health, comfort, safety and neneral vrelfare ofi the owners of said property, or the residents thereon, including, hut not limited to, the following: ~ (a) To provide for fire protection and the collection and disposition of garbage, rubbish, ashes, and the like; to improve, lioht and mair;tain undedicated streets, roads, alleys, courts, v►alks, pools, aateti%!ays, fiences, and ornamental features nok► existing or f►ereaf ter to be erected ar created, and to plant, maintain and care for ali treFS, plants, shrubs, and common area lawns. (b) To keep records of r,uildinq permits ard approvals or disprovals made or issued by it or the architectural control conimittee and to keep books and records showing all charges, levies, assessments, and all dishurserrients made. (c) To enforce the liens, charges, assessments, limitations, restrictions, cQnditions, and covenants and provisioris of this declaration existing upon or affecting or hereby created for the benefit of all said property, over which the declarant or the association has ,-iurisdiction and control and to which said property may be subject tn the extent that declarant or tihe association has the legal right as herein set forth to eriforce the same, and to pay all expenses incidental thereto; to rring suits at lavi or in equity to enforce the same or to carry out the riqhts anc.i pov.,ers herein reserved or establ ished. (d) To pay taxes and assessrients which may he levied h.y any puHic authority on commonly owned property and improvements thereon, nov, or hereafter opened, laid out, or established on said property, wliere the taxes are assessed as part of th`e property or separ-ately,and on any property which may be held in trust for the use and benFfit of the association. (e) To keep at all times the commcnly owned inprovements on said property insured against loss or damage by fire, or liabilit_y, vrith al7 ph,ysical loss or extended perils endorsements, in an ariaunt equal to the full insurahle value -F- , of the improvements insured, anc qay all premiums and other charqes payable in respect to such insurance. Except as provided in Article VII, all funds which are received in respect to said insurance in the event of a partial or total destruction of or danage to any improvements on said nroperty, shall be deposited into a fund set up for• that purpose and all monies so deposited to said fund shall be usEd to repair, restore, or replace said improvements. (f) To exercise such powers cf interpretatiori, control, construction, consent, decision, determination, modificatian, amendnient, cancellation, annulment, and enforcement of covenants, reservations, restrictions, limitations, assess- ments, charges, and liens imposed upon said property as may he vested in, dele- gated to or assigned to the declarant or the association. (q) To establish, levy, and collect such cfiarges or fees as may be necessary to carry out, pay off and otherwise nieet the expensPS of carryina out and per- formi ng any of the general and enumerated pov,iers or duti es or the purposes for which the association may be formeci; to provide ttlat a11 assessments, charges and fees shall be due and payable on the lsfi Monday of the month following the levy and fixing thereof, and shall hecome delin4uent 6 days after the date upon which they hecome due and payable; ta collect said charqes or fees annually or oftener if deemed advisable by declarant or the association from the then owners and buyers under contract af purchase of each and every portion of said property. To "collect" includes actions at law in personum aqainst the owner of any lot who has not paid an assessment when due, or in the alternative, as an additional remedy, the enforcer,ient of the lien granted herein to secure the payment of such assessments. The association may recover any attorney's fees in collection of assessments and enforcement of an,y obligations under these restrictions. (h) Any labor rendered and materiais or suDplies used or consumed or equipment, appliances, or power furnished for the niaintenance, upkeep and improvement of the property, or an,y funds expended for any purpose for the gPneral welfare of the ovm ers thereaf or residents thereon, ur for the community, in performing or causing to he performed any of the acts specified directly or hy inference in the rights, duties and powers contained in this instrument, shall be deemed to have been rendered, furnished and supplied by the declarant or the association for the benefit and advantage of every partion of said property, and at the special instance and request of the owner or otqners or buyers thereof, and declarant or the association srrall have a lien upon each residence ir said -9- . n , ProPertY a9ainst which the a~sessment chargc:s or fees fixea, established or levied, pursuiint to any provision of this cieclaration, shall have become delin- quent as fully as though such labor IIdG heen bestovred and materials supplied or equipment or power furnished directly to residence or residences; provided, however, tha1, any action for such lien must he commenced in a proper court within 90 days after the claim of lien has been reported. 2. Declarant does hereby agree to maintain and keep in proper repair and operation the common areas and recreational areas, and to advance all funds necessary to pay tor such maintenance, taxes and insurance on said prop- erty, subject to reimburserient ta inclividual owners hy assessments levied by the provisions of this instrument. Said maintenance, fees and assessments . shall he deemed to constitute a lien upon each of thP residential lots in said property in favor of declarant and declarant may take any action recognized by the laws of the State of '4'ashington for the enforcement of said 1 ien, or in the alternative, may elect to sue in personum without enforcinq such lien. The lien herein provided for shall he valid notwithstandina any other provisions contained in this declaratian to the contrary. At such timP as the association becomes the assignee of declarant of these declarations of restrictions, declarant may at its option, be relieved of the obliclation under this paraoraph, and the association shall be requireci to assunie said obligation5, except that declarant will remain responsible for unsold lots as rereinaftPr provided. UntiT such time as the association assumes obl7gations, declarant will auarantee said costs of maintenance, taxes and insurance, suhject to the provisions contained herein. Declarant will at all times he responsible for that portion of said expenses attributable to lots ovined by declarant. 3. P,l 1 agreements and determi nations 1 awful 1 y made hy the associ ation in accordance with the voting percentages estahlished in this declaration or in the by-laws, shall be deemed to he binding on all oriners of lots, their successors and assigns. 4. So long as declarant, his successors and assigns owns one or more of the lots established and describect herein, declarant, its successors and assigns, shall be subject to the provisions of this declaration and of the association and declarant covenants to take no action which would adversely effect the rights ofi the association with respect to assurances aqains't latent defects in the pronerty or other riqhts assigned to the association by reason of the establishment of the property or residences. -10- / ♦ 5. On condeninatior) of all or any partion of the lots, the development will be terminated and the lots and common areas partitioned upon the vote ~ of 60% of the 1 ot oviners. V I . ENFORCEMEP,T As to each residential lot owner of the property, these restrictions, conditions and covenants shall be covenants running with the land for the benefit of each and every lot in said tract, and a breach of anv therFOf, and a con- t7nuance of any such hreach, may be en,ioined, ahated, or otherwise restrained by appropriate proceedinqs by the cleclarant or the association, or by any such owner of a lot in said tract; provided, however, that any suhsequent oN:ner of said property, includinn hut not limited to, purchasers at trust deed sales and foreclosures of inechanics' liens sales, shall he bound hy the same restrictions, covenants and provisions of this declaration of riqhts obtained by foreclosure of a trustee's sale or otherviise. VII. PROTECTION 0!= LFtIDERS l. No breach of the covenants or restrictions herein contained, nor the enforcement of any lien provided for herein, shall defeat or render invalid the lien of any mortgage or deed of trust made in oood faith and for value, but all of said covenants and restrictions shall be bindinq upon and effective against any owner whose title is derived through foreclosure or trustee's sales, or through a deed given in lieu of either thereof. No such ov,ner so deriving title shall be responsible for any oblinations aCcruir4 hereunder prior to the time such owner acquired tit1F. 2. PJotwithstanding any other nrovision of the Declaration or the Qy-Laws, any of the following amendnients to tryis declaration or the hy-laws rrust be approved in writir.g t:y the heneficiary under each deed of trust or mortgagee under each mortgage encwmbPrino all or any portion of any lot. (a) Any amendment which affects or purports to affect the validity or priority of any deed of trust or mortgage. (b) Any amendment which necessitates the payment, subsequent to foreclosure ~of any mortgage or deed of trust or acceptance of a deed in lieu thereof, of any portion of any unpaid assessment or assessments accruinn prior thereof. (c) Any amendment vjhich would or could result in any mortgage or deed of trust being cancelled Fy forfeiture, or in the individual residences not heing sep- arately assessed for tax purposes. -11- J (d) Any amendment vrhich would in any way restrict the riqrit of an,y mortgagee or beneficiary to require the application of insurance proceeds of the indebt- edness secured hy such mortgage or deed of trust. 3. In the event of thP defaul t by any owner in the payr.?ent of any prom- issory note secured hy such trust deed or mortgage to this individual residence or lot upon recordation of a Not7ce of Default the right of such owner to vote at any Vregular or special meetinn of the owners thereof held during such time as said default may continue, shall automatically he suspended. Upon curina such default, the right of such o4vner to vote shall thereupon revive. 4. Any lender upon any residence subject to these provisions may appear at meetings of the RieoEl Heights f!omeovrners Association, and meetings of the Board of (lirectors of said association to present oh,jections, if violations of the covenants, conditions and restrictions have nat rleen enforced. 5. In the event that any 1Pnder upon any property suhject to these pro- visions requirES a loss payable endorsement under any fire insurance policy, the insurance proceeds, in the event of a loss covered by insurance, sha11 apply under said loss payable endorsement, the provisions of Article V herein notwithstanding. VIII. OTHER PROVISIQP!S 1. These covenants are to run v;ith the land and shall be binding on all parties or ,all persons claiming under them for a period of 30 years froni the date these restrictions arP recorded after which time such covenants shall be automatically extended for a successive neriod of ten years, unless an instru- ment signed by a majoritv of thP then owners of the residential lots has heen r•ecorded, anreei r,o to change sa id covenants i n tivhol e or i n part. 2. Should any provisian or provisions hereof be declared invalid or in conflict with any lavl of the jurisdiction where this pro,ject is situated, the validity of all other provisions and portions hereof shall remain uneffected and of full force and effect. 3. Deed of conveyance of property, or any part thereof, may contain the above restricted covenants, by reference to this instrument. 4!hether'or not such reference is made in such deeds, each and all such restrictions, covenants and conditions shall be valid and binciinn upon the respective arantees. 4. This declaration shall not be revoked or an,y of the provisions herein amended except as provided in Article VII of By-Laws of the Associution, Exhihit A herein. L_ r 5. A lien on any lot in favor of declarant or the association, as may be established hereunder, shall be junior and subordinate onl,y to a lien of any deed of trust which encumbers any lot in said tract prior to a lien of declarant or the association becoming of record, provided said deed of trust is inade in good faith and for value. IPa WITNESS WPEREOF decl arant has executed the wi thi n document th i s day of , 19 . ' ROBERT DEE P,IEGEL, a Vlashington Resident ~y ot~'hert bee PieQel, Presi"aent y ".7 Marijane T. Rieoel, Secretary -13- ~ , - ~ ' r FINDINGS PLANNEL UIVIT DEVELOPMENT (Ftnal) PUDE-I-76 - RIEGEL HEIGHTS ADDITION NO. Z: RIEGEL I. SUMMARY: Rjovember 12, 1976 the Spokane County Planning Commisslon approved the Preliminary Planned Unlt Deveiopment for Rtegel Helqhts Addition No. 2, and requlred the appllcant to submtt a ftnai development plan of the proposed project to the Commission wirhln one (1) year. . The applicant's ortgtnal request was for an eleven (11) Iot single famity residentlal subdivlslon, PE-1058-76, with prtvate streets, security fencing and security gates. The only legal means by which the subdlvlsion could be established with private streets was to incorporate the ttlbdivision request with a Planned Unlt Development proposal. The applicant's proposal is compatible with adjacent and surrounding tand uses; Is conststent with the Spokane Regionat Comprehensive Plan and the development policies of the Comprehensive Plan and the purpose of Chapter 4.20 Planned Unit Development; has or can provide adequate provisions for circulatian, sewage disposai, avater and fire protectlon, ' II. MINUTES OF NOVEMBER I2., 1976 PIANNED UNIT DEVEL4PNENT (Preltminary) PUDE-1-76 - PLANNED UNIT DEVELOPMENT FOR REIGEL HEIGHTS A DDITION NO. 2 Pianntng Commission Recommendatlon for Preliminary Planned Unit Devel opment; Approve PUDE-1- 76~ Planned Unft Development for Riegel Hetghts Additlon No. 2, subiect to the followinq condltions: (Vote was unanimous.) C . C4NDITIONS: 1. The advertised property shall be developed in substanttal conformance with the preltminary developmenL plan. 2. The appllcant shall wlthln one (1) year of the date of the preliminary approval submit a final development plan of the proposed development for approval by the Planntng Commisslon. 3. Provisions for the control and preservatlon of future prlvate rights-of- way shall be made prior to the ftnalizatlon of PUDE-1-76, and shall meet the approva,l of the Spokane County Zoninq Admtn[strator. e - g_ PLANNED UNIT DEVELOPMENT: RIEGEL HEIGHTS NG. 2, (Conttnued) D. REASONS: Z. The staff is of the op#nion that PUDE-1-76 and PE-1058-76 comply with the development pollctes of the Comprehensive Plan, the Staff notes that the Planned UnIL Development concept allovvs areas to be deveioped to single family density requirements wlth mtnimal lmpact and disturbance of natural terratn and adioining single family residen- tlal development. 2. The project sattsftes Lhe purposes of the P[anned Unlt Development Section of the Zoning Ordinance. A p,lanned unlt development has the , followlnq purposes. a. To permtt flexibillty fn design, ptacement of bulldings, and use of open spaces, lncluding modiflcatlon In requlrements for Iot frontage, bullding eetbacks and destgn of cfrculatLon factttties to best use potential of sites characterlzed by speclal features of geography, topography, stze or shape. b. To encourage a more creative approach in the development of tand that wlll resutt In a more efflctent, aesthettc, and destrable envfronment In harmony with that of the surrounding area, while at the same tlme matntalning substanttally the same population density permitted In the zone In whtch the project fs located. 3. The Staff notes that the denslty of the Planned Untt Development project !s considerably lower than the maxfmum density that the Agri- cultural Zone would attovv. 4. The Staff ls of the opinion that the preliminary plat and PUD plan In conjunction with the sttpulated condEttons for nelghborhood traffic clrculatfon, public water supply includ[ng fire hydrants, sewage dtsposal, amply open space, recreatton areas and the design requlre- ments of Chapter 4.20 of the Spokane County Zoninq Grdinance comply wlth the purpose and provlslons of the Planned Unlt Development Sectton of the Spokane County Zontng Ordinance. E. STAFF ENVIRONNENTAL REVIEV: As requtred in WAC 197-10-320, the Staff of the Spokane Counfiy Planning Department reviewed the environmental checklist submitted by Mr. Robert D. Rlegei for a preliminary plat and PUD. The proposal is iocated approxlmately In the SE 1/4 of SW 1/4 of SE I/4 of Section 23, Township 25 N., Range 43, E.Vlr' .Iv,., adjacenL and north of 16th Avenue approximatety 500 feet east of Caraahan Road. The proponent is requesting to subdivide ten acres into eleven lots to be developed for single famtly dwellings unlts, creating a gross density of 1.8 unlts per acre . - BA - , ti► ' , > PLANNED UNIT DEVELOPMENT: RIEGEL HEIGHTS NG. 2, (Contlnued) The site Is located on 10 to 20 percent sloptng terrain with rock outcropping and sparse conlferous timb2r. The Staff review has identifted three potential areas of environmental impacts. First, and common to all subdivision, is the lncrease of motor vehlcle traffic and all the effects associated [herewith. These would Inciude such lmpacts as tncreased air pollutton, speclfically suspended partlculates from untmproved streets, increased noise, and incceased public safety hazards from traffic. A second potentia.l environmental lmpact area considered was the increased demand on publlc services and utlllttes. This would lnclude such factors as increased requlrements for pallce and itre protection provisions of addi- , tional school, park and recreational faciitttes, and additional maintenance requtrements on a.ll county facilitles and roads. Thts would also include such impacts as associated wlth extenslon of utillty lines (power, natural gas, telephone) and the proviston of suttabl.e Iong term sewerage, domesttc water, storm water runoff, and solld waste dlsposal systems. A third potentiai environmentai lmpact revealed by the Staff evaluatlon ln- volves the subsurface injectton of sewage effluent and storm water runoff. Thls waste water placed at a depth wtll percolate downward toward the Aquife rather than evaporating back into the atmosphere as under natural conditions. A portion of the contamtnants wtll llkely be filtered out of thls waste water, but the resulttng quality has not been determined yet. A total of approxima- tely two acre-feet sewage effluent wili be disposed of annually. The conclusion of this envfronmental checklist revtew Ls that no significant environmental impacts will itkely result from the proposal tf the.spectfied mlttgating measures are adopted. Therefore, lt is recommended that a Dectaratton of Non-Slqnlftcance be issued and an evtronmental lmpact Statement not be required. - 8B- . . ~ 4 5PO~ANE VALLEq FIRE DEPARTIAENT EAST 10319 SPRAGUE AVE. • SPOKANE, WASHINGTON 99206 • TELEPHONE (509) 928-1700 ZZ4 R114,jow, ~"~0%4-~l November 14, 1977 Mr. Fred Dayharsh, P1 anni ng Di rector Spokane County Planning Cornrnission North 811 Jefferson Spokane, Washington 99201 Dear Mr. Dayharsh: The following Zone Change hays-,an4 eviewed for fire protection: Y ` ZE-102-77 McQUEEN - M1ai}ahydrants need to be i nstal 1 ed i n this area. ~9 ~ ZE-103-77 OPPORTUN IT~ V ES_ ENT C6,. There a re exi s ti ng ma i ns ~ i n thi s~e but I~ydrant°s w~i 11 be needed. ZE-110-77 GUTHRIV-/M}in a~~hydrants~ rieed to be installed in this ~rrya , . ~ Y ~ k ~ , i, . ZE-133-77 CAqY.'-a-~ii~~"re,ir ` istjrig mains, in this area, but . hyd ~nts w~i~l 1~`b ed.~, ~ . , ZE-149-77 WARQ ''Mai q~ a ` swi'i' .1-6e n eqed to be i nstal 1 ed ,1~n tl~is - a rea. . . . ~ , ! c y1~'" y rZE-155-77 ` WOW- .-Ther ti~ mains,.in ,.~his'~,area, but ~ '~nts w~1 'o . } "I,f,ti.t , to ~ ZE-170-77,-' WNqE- ns +i n t4is' area, but I hyqrantq,M j . . N~• j k . J, S s~t 4 e~; „•~v~,~:y . ^ ~ay' f i i- ,~,'-r.,i•a PUDE-.l -76 PUDE 1 7.~ vel opment- ,o , RIEGEL-;:~~~r~.~~~~~ to be 'i,nstalled- ip this area. JAl ~ r _ Cook Lt. of Inspectors AC:sn J ~ . ~1 T~~E LI ~ES ~PI~E V.~1~~' ~'IRE5 S r _ . FINDIIVGS PLANNED UIVIT DEVELOPIViEN`t' (Final) PU DE -1- 76 - RIEGEL HEIGH'1'S PMDI 1'I ON NO. 2: RIEGEL I. SUMNARYe November 12, 1976 the Spokane County Planning Commission approved the Preliminary Planned Unit Developmc:nt for Paegel Heights Addition 'Vo. 2, and required the applicant to submit a final development vlan of the proposed projc;ct to the Commissron within one (i) yzare I'he applzcant' original request was for an eleven (11) lot single family rasidential subdivision, PE-1058-76, wrth private streets, sacurzty fencing and security gates. fhe only legal means by which the subc4ivision could be established with private streats vvas to incorporate the subdivasi on request with a Planned Unit Development proposal. I'he applicant's proposal xs compatfble vvith adjacent and surrounding land uses; is consist:;nt with the ~pokane 12egianal Comprehensive Plan and the development policie s of tha Comprehen: ive Plan and the purpose of Chapter 4.20 Planned Unit Development; has or can provYde adequafie prcvisions for circulation, sewage disposal, water and firc: protection. II. N1INUlES OF NOVEMBER 12, 1976 PLANIVED UNIT DEVELOPIVIETVl' (Prelitninary) PUDE-1-76 PLAIITNED UNII' DEVELOPNEN'1' FOR REIGEL HEIGH1'S - ADDI'1'I ON Na. 2 Planning Commission Recommendation for Prelrminary Planned Uni t Development: Approve PUDE-1-76, Planned Unit DeveloptnatZt for Mieq E1 Heiqhts Addition No. 2, subject to the followinQ conditions: (Votc; was unanimous.) C. CONDIlIONS: I, lhe adver-Lised property shall be developed in substantjal conformance vvith the prellminary dzvclopment p'_an. 2. The applicant s hall w ithin onc: (1) year of the date of the preliminary approval submit a finai development plan of the proposed developmant , for approval by the Planning Commission. 3. Provlsions for the control and presc:rvation of future private rights-of- way shall be made prior to the finalization of PUDE-1-76, and shall meet the approval of the Spokane County Zoning Administrator. -10- I aPLANNED UNIT DEVELOP1VzENT; RIEGEL HEIGHTS NC. 2, (Continued) D. REAS4NS: 1. The staff I s of the opi,nion that PUDE-1- 76 and PE-1058-76 comply wtth the development polictes of the Comprehensive Plan, the Staff notes that the Planned Untt Development concept allows areas to be developed to single famtly densfty requirements wlth minimal impact and disturbance of natural terrain and adjoining single famtly restden- tlal development. 2. The project satlsfies the purposes of the Planned Unit Devetopment Sectton of the Zoning Ordtnance. A planned unit development has the followtng purposes. a. To permit flexibillty in destgn, placement of but[dings, and use of open spaces, lncluding modificatlon in requirements for loL frontage, buiidtng eetbacks and destgn of circulatlon factllties to best use potential of sites characterlzed by speciat features of geography, topography, size or shape, b. To encourage a more creattve approach in the development of land that wlll resuit in a more efftclent, aesthetlc, and destrable environment tn harmony with that of the surrounding area, while at the same time matntalning substantially the same poputation density permlttEd !n the 2one in which the project Is located. 3. The Staff notes that the denstty of the Ptanned Untt Development project !s considerably lov►aer than the maximum denstty that the Agri- cu! tura I Zone would a tlow . 4. The Staff is of'the oplnion that the preltminary plat and PUD plan in conjunctton with the stlputated condltlons for nelghborhood traffic circulatton, public water supply including ftre hydrants, sewage disposal, amply open space, recreation areas and the design requlre- ments of Chapter 4.20 of the Spokane County Zoning Grdinance comply with the purpose and provisions of the Pianned Unit Development Section of the Spokane County Zontng Grdtnance. E. STAFF ENVIRONN.:E1\ITAL REVIEV : As required in WIAC 197-10-320, the Staff of the Spokane County Planning Department reviewed the environmental checklist submttted by IVir. Robert D. Riegel for a preliminary plat and PUD. The proposal ts tocated approxlmately in the SE 1/4 of SW 1/4 of SE 1/4 of Sectton 23, Townshtp 25 N., Range 43, E.W.M., adjacent and north of I6th A.venue approximateiy 500 feet east of Carnahan Road. The proponent ts requesttng to subdivide ten acres into eleven lots to be developed for single famtly dwellings units, creatinq a gross density of 1.8 untts per acre . _IV A - PLANNED UNIT BEVELOPWiENT: RIEGEL HEIGHTS NQ. 21 (Conttnued) The slte is located on 10 to 20 percent sloping terraln wtth rock outcropping and sparse coniferous timb2r. The Staff review has identtfied three potentlal areas of environmental impacts. Ftrst, and common to all subdtviston, Is the increase of motor vehlcle trafftc and all the effects assoctated therewith. These would Include such impacts as lncreased aIr pollutlon, specifically suspended particulates from unimproved streets, increased noise, and increased public safety hazards from traffic. A second potential envtronmental tmpact area considered was the increased demand on public servtces and utilities. Thls wouid tnclude such factors as increased requlrements for police and fire protection provislons of addl- ~I tlonal school, park and recreatlonal facllittes, and addttional maintenance requtrements on all county faciitties and roads s This would also Include such Impacts as associated with extension of utilfty lfnes (power, natural gas, telephone) and the proviston of sultable long term sewerage, domesttc water, storm water runoff, and soltd waste dlsposal systems. A thlyd potenttal environmental tmpact revealed by the Staff evaluation ln- volves the subsurface injection of sewage offluent and storm water runoff. This waste water placed at a depth will percolate downward toward the Aqutfe. rather than evaporating back tnto the atmosphere as under natural conditions. A portton of the contamfnants wlll Itkely be filtered out of thls waste water, but the resulting qualtty has not been determined yet. A total of approxtma- tely two acre-feet sewage effluent will be disposed of annually. The conclusion of this environmental checklEst revtew is that no significant environmental impacts wtlt likely result from the proposal If the specified mtttgating measures are adoptedo Therefore, lt ts recommended that a Declaratfon of Non-SJ.qniflcance be issued and an evironmental lmpact Statement not be requlred. -10$- ~ ~ SPOKANE COUNTY PLANNINC CON1TvgISSION N 811 jefferson Spo'cane, Vvashington 992;01 November 29 , 1977 Honorable Board of County Commis-cioners Snokane County Court House Spokane, 'V✓A. 99201 Gentlemen: At the regular L'Learinq of the Spo:=.ane County I-'lanning Cc:rnmission on Friday, November la, 1377, at 8: 1"0 A. i1v`l , to 12 : 15 P e i\4., reconvening at 2:00 P, iVi , to 5: ~ P. Nt . in Conference Roo m "A" , Caunty Court Eouse Annex. The enclosed action was taken and is recommendel to tt,e Board of County Comsmissioners. Nl,embers present: Mr. NicGoury, Ivtrs o Byrne, Mrs e Rawlings (present for Disaussion Items), IVlessrs. Kennedy, iviain, and Thomas. Planning staff present: Sweitzer, Daviv and Tohnson. Engineers Office: Finney. Prosecutor's Office: Einacio e Sincerely, SPOkARTE CGUIVTY PLAT-JNING COMI\,:,ISSIOiV Ted iVicCoury, Chairr:zan Fred L. Dayharsh, Director FL D/:' i Official .,!inutes ant" recorc' of action taken hy the : po'~a ne County 'la nn ing Co rnmi s s ion at their regalar hEaring held on Nove --iber : , 1977 7 ~ MIIVUTES OF THE PLANNINC COMMISSION HEARING OF NOVEMBER 18, 1!3)77 WHEREAS, the Spolcane County ?lanning Co.nmission did hold a public meeting on November 181 11377, to consiuer the 'Llestimony and relquests of several applicants, objectors and other interested parties concerning the below referenced zone classification upgradings, and other items of business, and V4'HEREAS, at said hearing, opportunity was afforded those favoring and those opposing all items of business, and VVHEREAS, Mr. 11/icGoury, Nlirs. Byrne, and 1Viessrs a Kennedy, Main and Thornas were in attendance and constituted a quoruLn, and WHEREAS, the Spokane County Planning Commission fully considered the testimony given, the environmental review, and all other evidence presented, recommends to the Board of County Commissioners the following: 1. ZE-I02-77, AGRICULTURAL TG MULTIPLE FAMILY SUBURBAW 1VqcQUEEN. That the zone recl.assiffcation request be approved to the Nultiple Family Suburban Zone (File Number ZE-102-77) subject to the conditions as con- tained in the Planning Staff's findings, dated ATovember 18, 1977, and that a proposed declaration of Non-Significance be issueclo The Commission concluded that the applicant's proposal was compatible with surrounding land use, and consistent with recent Zone Reclassifications within this areao (Ufotion by Mro Thomas, seconded by Mr> kennedy; vote was un- animous) a 2. ZE-10?-77, AGRICULTURAL SUEURBAN TD LGCAL BUSINESS: OPPORTUrIITY INVESTNtENT CO a That the zone reclasCffication reauest be deniedo The Commission concluded that this request would constitute a spot zoneo (1Vlotion by Mr. Thomas, seconded by Mrs. 8yrne; vote was unanimous). A second motion was made and approved requiring the Planning Department staff to placethis application on the DECc-iilber 1977 planning Commiss ion Hearing, but advertised from AGRICULTURAL to RESIDENTIAL OFFICE o I. ZE-110-77, AGRICULTURAL TO 1VIULTIPLE FAi\/fILY SUBURBANo GUTHF.iEo That the zone reclassification reguest be referred to the Board of County Commissioners because of a two-to-two vote a(Motion by Mrs e Byrne for denial was lost for a second; m.otion by Mra lNtain for approval, seconded by R/'xro McCoury; vote 2 yes, 2 no). ZE-12?-771 AGRICULTURAL SUBURBA111 T4 NiUL'TIPLE FAMILY SUBURBAN: CAREYo That the zone reclassification request bQ approved to the Multiple Fa mily Suburban zone, s ub ject to the conditions a s contained in the Planning Staff's findings cated November 18, 1577, and that a Declaration of Non-Significance be issLed a The Comrl-ission concludecl thUt the pro- posal was corapatible with the surrounding land uses, and consisten± wifih recent zone reclassification within this area a(Vote was unanimous). -I- t - ~ 5. ZE-149-77, 'I'W4-FAr✓IILY RESIDENTIAL TO MUI.TIPLE FAMILY SUPtR BAiJ: V`,fARI%. Tha: ~he :9:siossiftc~~ion re quest bF (.~-,:~t?n~~~-.~ to fhe Decen.~e: 1- r7 Pi~n~iiz~G' . ~%'1i71i7t2S5:~.~,Z _T~c3ilPCJ. tiTC~'."L: 7':ie a pp,icant re'- quested a one mo;zth cc~~~tAnuancae .;IIu i.,as unan~L.:_, =c) , Go ZN--1,~2-77, !:GRI~ULTUsujL SUBLT};:=:1,~ i1~t~LTIPL~ I','t~:?',1" ~UBVRBAnT TO k£STDLeJTIAL Or 'F?GE: WEi.LS. inat. ti,r zcne rEClassi~icGr.ion reauest be apprQVed to the Ilesidentizlk Office 7on:,, =;u;~;eo~ to the c;onditao:~s as con- tained in the Plarnin5 Staff's find4n-s, (:aL-e~ NLova►°,bar 13, 1977, and t'rlaL a declaration of Non--Significznce be issued. ?'he Cornmis psicil r.ancluc.ed that the proposal was compacible wit?: SurrGUndinc.; Ianr,I uses, Gnd ccn-- sistent with recent zone reclassification reQUests.(i)OTE: ivlain left hearing room due to a conflict of interest. Vote to approve Eaas unanimous) a 1. GE-155°771 'T~! ~J~-FA::,~i,Y F.ESI~3Er1TI~',L Ai~D ACkiGTJLT~J~~L 'l0 R~~ILFINETI.AZ 0 s F'iCE: W0OID. rhat the zone reclassifi cation reques* be approwad' 4o the r?esidential Of:fce zone, stibject to the conditions as coiitailrEd 'Ii: `he Pi;anning Stazf's f1rdfng3, c;ated November 18, 1~77, anc ~lshiec' ta tje addiLional conditicn `:i=.: t:ie applicant insta'l a=esidenC,a.:. ±ypc ,ei:ce si x(6) feet in heigh'~ ~l_)-r:g Ithe east proper-=- line or the ac'verticecl' site e iNOTE: Fence to bz 5igh~ abscuring). The Cc :zmi s.~ion co:~rIuc~ed icha ~ tl1e piop>>K,a.? would be cnr:_p-c.::s~_•IA with surroundYiv- 13r.f~ uses, k'if f-Ence provideci), anc i-s consistent with _►-erent zone rec'•assificat'_~n,~ -rvith the arEa. In ac'tdii.in~i a declaration oAc 1-Tcn•--Signfficance wac. by lti•, r~ o8; rne for approva c nuL with a revised plc•:: 1,1c.ri reorientinq rhp. uffzce sttuccure toxtard IV~~u:tej_ I;oa°' 13s lost for lack oli 1ria;crity; motion by Kenn:dv for app~ovi,l ~th G r::v:,sion to condii.io-t- 11;15 be 'a-'3d2 to p,n-vic'e rlar.irrurr) pr`vacv fof resi'Aences to the east, was cc17riEo; vace 1- yPs, 1 ?~v) o ZE-].iC~--%i', r:GR1CULr."vT ut:L SUBURBEaiV TO RE3IDENTII~ "L O'IE'TaE; Vi~,i`~'CEo 'jha~ *ne zonP Aer,l`._,~j1::cEtiorl rEcrlie-.t he- aPproved to the Re,-.6c.nCial GfrAce Zonc-, su1Jject ta fir,e conc,:.tiorx-c, ~ c- c, _'ned in the Plaain_Azg Staff's iinc'ing.-O, dated iTovE:~ib-.-r iL, l:~77, ~hat a Deciaratioil of Non- 5ignUicance '~E ; ,-sued. ThE also amencied cona~~~~~~ i~l u, rrtber i:7 rEoUi:2 feL tr;;02'15 I::carlF i.) t!1 -li pGrkhi3 IOtS L~' I7Q 1CtPC'S:;ap@ c;.1'~?3~ in.' or6er tc. co mp~~ v; i th ndri mtil.: icr,in, 0 1, j anance requireater,ts T ae Covnriisvn:nn the prr,rc;;:al was compatiblP w?Lh s:.._rounctinc; ?an~~ a;~d cor.: is~ent: wjrh :c~ent ~-~Ie xeciassificG-;or rE aueots (Vote wzs unar.~ i,.eus) a s a Zi,T -°•!7?-,'i , T_VITJTi.JTIPLt; ;'"i,,.~T`~ c~JEt;'JF-<~'~i '.'O R~~IT.1,~i~~'':1~Y. Gr~T:~E: 1~a ~JICi~Ea 'I.'ha~ tnE znne reclas.sificaLiuil lc ;L~esr 1~ : appr^ve~~ ~.o t;nF ue;aiGG~t1tza1 OfAic- , ~i0I2@ d 5u; jeC~ ~O t~'lE,' v:. 1 !"i(~' o11s Qs 1n LY'~ P.la:!*?ing SfiY1(f]T1g;; , (fafi6d N0VeP_.iJBr IA, 1r)77, d:1'1 fllat; a, i'cCl-m)_atiCi: O: 1`jOY1-c'igt;if+C,3nC@ bG' issue~. '~'le Comm?ss=,n cozc~,.'~d i:~- propo~:~i Y5,•as c~,m,~?~i~le ~itn surrcur.dina ;.i uses, tA r_d conFJi_,,_-_,r',: -N'.'i: ,-3c;ent zc.~_c ::!c'assitication r~~;U.~'.:.c:tSa Cb~,:t :n. w3S .:il?iZi m 71.1.5) . 3 ~ . 10. PUDE-1-761 FINALPLANhED UNIT DEVELC,PIViEA?T PLAN: RIEGEL. That the Final Planned Lnit Development F lan for Riegel heights Addition No. 2. be approved subject to the conr'•itions as contained in the Planning Staff' s Findings, dated November 18, 1977, anc that a DeClaration of Non-Significance be issued.(Vote was unanimous). 11. ZE-174-77, ACRICULTURAL TG SIIVCLE FAMILY RESIDENTIAL: SPOKANE COUTITTY PLATVIVING COlVi1ViISSION. That the zone reclassification be approvecl to the Single Farnily Resicential ZOne. (iVlotion for denial by IVtrs. Byrne lost for a second; Ntotion for approval by Nr. Kennedy seconded by IVir. Thomas; Vote 4 yes, 1 no). 12. ZE017S-77, AGRICULTURAL SUBURBAN TO SINGLE FAIVtILY RESIDENTIAL: SPOKANE COUNTY PLANNIIVC CONiiVIISSION. That the zone reclassification be approved to the Single Family Resfdential Zone.(Vote was unanimous) . OThER LUSIIV'ESS 1. The Planning Corrimission approved iVTr. TvicCoury's motion to place all unfinished business on the December hearing, and to place half of the subdivision requests , all of the zone changes scheduled for the month of Decer-niber, on the january Hearing Agenda. The motion made special mention of thE continuance of ZE-103-77, Agricu?tural to Ndining Class II, S& F Construction Cognpany to the january I3earing. 2. ivir. jerry Ressa requested that ZW-I,38A-77, Agricultural to Freeway Commercial, Cox, be placed on the january 1978 Agenda as per Section 4 0 21. 0.1-0 of the Soo'{ane County Zoning Ordinance.(The Planning Commission'svote to p1acE this request on the january Hearing was unanimous). Ivr. Bill Pittman requested that the Planning Commission place zone reclassification ZN-201-77, Agricultural to Single Family ResidEntial on the january 1978 Hearing.(The Planning Corrrmission's vote to place ZN-2 101-77 on the January Agenda was unanimous). 4. Nir. Kennedy made a motion to place ZE-2'0-77 on the January 1978 on the january 10-78 Planning Commission Agenda.(Vote by planning Commission was unanimous). Staff Report on Progress of Comprehensive Plan Llpdate and Coordinating Committee's Work. Nir. Fergen explained that at the November 16th Planning Commission public hearing, there was a request for observations regarding the Coordinatfng Committee. Mr. Fergen then made a report regarc'ing the latest Cb.ordinating Committee workshop held November 3rd to briefly review the Preliminary Draft Agricul- tural Suitability Report. His report explained what the Coordinating Committee did at this meeting and the consensus feeling of its members was to: 1. Deemphasize the use of the report at this tirne. 2. To get the staff working on a model for Agricultural Suitability Maps by using an existing use map, a so4i quality map, and a compatability of adjacent land uses map. 3. Not mail the aforementioned report out at thi s time. 4. And Lo have the staff gather new information for the report. It was also explained that the minutes of the Coordinating Committee would be sent to the Pianning Commission as soon as the staff received and reviewed them . The Planning Commission responded affirmatively wnen they were asked if they wanted a further report on the progress of the Suitability phase of the Comprehensive Plan Update. The points covered regarding Suitability progress were: 1. Our time frame has been pushed back about three to six months. 2. Suitability ma jor section reports have been written with the Preliminary Draft Agriculture Report published ana the other four reports soon to be published. It was requested by the Planning Commission members that the following items be given to them as a result of the discussion that followed the progress report: 1. Preliminary Draft Agricultural Suitability 2. Copy of the minutes of an early Coordinating Committee that was attended by Commissioner Christensen and dealt with the function and role of the Coordinating Committee. 3. A written report done by a staff inember, approved by the staff and Planning Commission regarding structure and responsibility of the Coordinating Committee. 4. Ninutes of a meeting in june 1975, when Advisory Council Chafrmsn were elected and that they were asked to do some collating o f goals and objectives. -1- ~ ~ r-- Two people from the audience gave testirnony regarding the Coordinating _ Committee and the progress of the Comprehensive Plan Update. Some points or questions asked by these fiwo individuals were: 1. Does the Coordinating Committee have a veto power? 2. How does a citizen get informed of these meetings and are they open ? 3. That the staff do work regarding Suitability and bring it back to the Coordinating ComT.ittee. 4. Good planning is a logical thing and the citizens should be partici- pating in it because they know the most about past planning mistakes. The Planning Commission after review of the proposed short plat ordinance and after two public hearings (September 23, 1977 and November 9, 1977) instructed the Planning Department staff to investigate some possible modifications to the proposal, including: 1)' A 10 acre acreage exemption 2). Combining preliminary and final short plat procedure 3) Modiffcation o# Short Plat Review Committee procedure 4) iViodification of appeal procedure and notice of action 5) Further study of the fee schedule. The Planning Commission instructed the staff to ma}:e the appropriate changes to the ordinance and set a date for further review by the Commission. Commissioners' Concern - Five Iv:ile Prairie Comprehensive Plan Study Commissioners members receivea a letter from City Plan regarding their request for an extension of time to December 11 1977 to comment on the Draft £n- , vironmental Impact Statement, iV41ro Fergen reported that the staff would send a letter to City Plan regarding the staff's concems over the Draft Environmental Impact Statement. He briefly explained the two concerns of the staff which were: 1) Concerning present policy regaraing existing Cornprehensive Plans, and 2) the possibility of Five Mile Prazrie containing historivarche3ologiual sites. Mr. Clegg, Director of the Spokane City Plan Commission then saia that they woula be glad to extenci the time pEriod if it would facilitate comments. iV ir . Clegg gave a brief explanation of where the Draft E.I. S. came from and answered questions of the Planning Commission regarding it. Commissioners Kennedy and Main initiated discussion on the probabi3ity of limiting the items appearing on the Commission's Agenda. Their concerns are that the meeting s are becoming too lengthy which may result in unsounded decisions. _ 2 _ S_ ~?IG REF. # V~l{Q~ - I• 7G C 14, t3 ' THRESHOL.D DE,"!'ERMINATIO': . , ` . . F1 N64 L► ?~iC;i.~ARA''~IO:v 0"r' 's ~ ~ - x9,: ~11y •~"~~7~ (p'oDOS9d/fi!?a1) •r ~ . . . NootS±wNi FocqN4x (sig nif icance/nonsiqnif icance) Des;;riciion aff Pr~~~_~sal: ~~L L- Of- ~3.N n►r o LJiv!J "M6LT- E2I~-- N TS LQnj ~Q • Z ~ Abi L~ LsLT Subolvis1o4 2 . P:'Opo!1?:'1:. QQ ~ 3. Contact Person: -4~ Z - Phone: 4. County Action(s) Requested: 7(4 - I~.t+~ C~~# ~ S. Loca tion of Proposal : -ScaleariF ~~'7 i ~QQ F T EAZ,T Q~ C. 4~N N A hl 6. Lead Agency: 5POKAN£ COUNTY, WASHINGTON This proposal has been deCermfned to --N-2_T have a significant adverse impact on the environment, An EIS is tuo-r _ requfred under RCW 43.21C.030(2)(c). This ,iecision was made after review by the County of a comoleted environmpntal checklist c:n,_: ath••r informaticm on file with che lead agency. 7 ~ Rcsponsible Official: roposed D-aclaration: Final Declaration: • I (na ) (name) Ls=atu si atur • (title) Q2rnC.M (,title (deflt, pc.ANNe rV;p (de t ~ - (da [e) (d a te) ~ ~ • Departri~-!nt Reference No.: (See Reverse Side) For Dcclarations of Significance Only: Date of Expected D-aft IIS Availability (determined by Rosponsible Officfa.l) Date Entered in "EIS in Preparatian Renist~r" (cieterminecl by S:F:; Ft:blic To be completed hy responsible official: a. Brief description and listing of those en•lironmencal impacts leading to such declaration: U. Brief explanation oE wf'iat measures, if any could bz taken by the applicant Lu pre- vent or mitigate the environmental impac-t of the proposal to such an extent that the rasponsible officlal could consider a revised proposal with a posslble re- sulting declaration of nonsignificance: 9. For Prooosed Declarations of Nonsignificance Only: ~ l Date Entered "Proposed Declaration of Norsigniiicance Register" (detHrmined by S EPA Pablic Information Center) Date comments ta be received (15 day review period) (determined by SEPA Public Infocrnation Center) 10. SEPA Public Information Center: (For departments of General Government only) ( } Approved a s [o form ( ) Disapproved as to form Reasons: Signature of SEPA PIC Officer: Da te : ~ . . ~ At said time and place any interested person may appear for, or agalnst, the granting of thf s applicatlon. AGENDA, NOVEMBER 18, 1977 TELEPHONE NO.: 456-2274 SPOKANE COUNTY PLANNING COMMISSION Time: Frtday, _November_1$, 1977, 5:00 A.M. Place: Conference Room A, Court House Annex (Use Mallon Avenue entrance) PLANNED UNIT DEVELOPMENT 1. PUDE-1-76, Final Planned Unit Development Plan a. Locatfon: Section 23, Township 25N., 43, E.W. M. That portion of the SW 1/4 of the SE 1/4 of satd Section 23, desc ribed as follows: Beginning at the SE corner of said SW 1/4 of of said SE 1/4; thence N 00 28'04"W along the E llne of Said SW 1/4 30 feet; . thence N 890 4833 "W parallel with the S line of sald SW 1/4 280 feet to the true POB; thence continuing N 890 48'33"W 304.10 feet; thence on a curve concave to the left, having a central angle of 180 08'56", a radius of 603 feet; for a dis- tance of 191 feet to the south line of said SW 1/4; thence N 890 48' 33"W along the S line of said SW 1/4 46.36 feet;thence N 00 23'09"W parallel wtth the W line of said SW 1/4 30 feet; thence N 890 48'33"W 170.82 feefi; thence 00 11'2811E 150.09 feet; thence S 890 48'33"E 200 feet; thence N 00 11'28"E 716.61 feet thence E 429.9 feet; thence S 0026'OS"E 531.51 feet thence N 89033'S2" 133.59 feet; thence S 57041'10"W 71.20 feet thence S 0009'26"W 299.85 feet to the true POB. b. Applicant: Robert D. Rtegel South 911 Houk Road Spokane, WA 99216 c. Site Size: 10 acres d. Exf sting Zoning: Agricultural, established Aprtl 11, 1959 e. Proposed Zoning: No change. The property will be developed in accordance wfith the provfsions of a Planned Unit Development. ' . ^ f. Proposed Use of Property: Sfngle family dwellings g. Application of Zoning Provis ion: Chapter 4.20, Section 4.20.030 h. Environmental Impact: A topic of discussion at this hearing may be whether or not this proposal will have a significant adverse environmental impact ~ Iy I~ J ~ ~ 4rN ~ M 4L~ I .I 2J=f 1' 1 ~ilrn_ L'_ ~ ~ ' 12TM lu )r ~~1pt ~ , ~ iv1 1 1 • V I .JI ~ Ill).. ( ~~yrw e ~ l1i~J L ~ ~ Ih ~ ~ ~..E.U w 1 ~ ~ 1 {t ~ ' I~ m t~ - ~ ~L _ _ ! 1 ~ ~ .Jd~~ F : ~'i s~~ f m j~ I `~itM~:t I JLL//~! ' __.~-w _ n . . , 1 O 1 ~ ~ ~ A~ ~afd tfm~ and pl~c~ an~ inker~e~t~d person may ~ppe~ar for, or ~ t~ls appl~~atlc~n, ~ ~►~~~r~~, ~va~v~n~~~~ ~r~L i~l'I~J~ ~11~ s~o~~r~ ~~~rr~~r ~~r~r~r~~ ~c~~~z~s~~~ ~"I ~,~#~~Cp11~~ T~m~, ~'rldaY, ~c~v~mb~c ~8, ~la~~: ~~n~er~nc~ Rc~~ A, ~ ~ ~ ~~Tse Mall~n Aven~~e ~ ~ P~NI~~'D UNI~` D£VELC~PIv~ENT 1. P`UI]E-1~?~6, Fln~~ Plann~d ~1nit Develapm~n~ ~~an ~~ac~tlc~ra: Se~tion 23, T~w~rshi~ That p+~rt~c~n of th~ SW , J ~~~tlc~rt ~3, de~crib~d a~ foliows: Beqinntng at th+e t ~f ~al~d ~E th~n~~ F~ ~4~ 2~'04"V'V ~lr~n~ tt~e E ~~n~ - th~nce N 85° 33 "VV ~ara11~1 witl~ t~e S llne of s~i~, P~B; ther~c~ c~rat~nuin~ ~ 89° 48~33'"~N 304. ~0 feet; t~ t~ t~~ l~ft, ~i~v~r~g ~ c~ent~al angle c~~ 18° U~' 56 ~ ra ~ t~nc~ ~f 19I fe~t t~ tk~e s~u~h ~ine c~f said 5~N ~h t~r~ S~ine ~f ~a~d S~ 1,~4 ~~.~6 fe~et;thenc~ N 0° ~3"~ ~ l~r►a ~f s~fd SV+J 1/4 3~ f~~t; t~~nc~ N$~°48'33"~'1~ 17 15~1. ~0~ f~ekr ti~~r~~~ 48' 33 ~0~ f~e~t, tl~~ence ~ th~nc~ E~~~.9 feet; ~hence S 0° 2~6'48"E 531.5~ ~~~t fee~; thence ~ 57a 41' 10'°~N 7'1, 2~ f~~t th~nce ~ 0° ~9`; tn~~e P~~. - b. Appl~cant: ~~~~~t D. R~e~gel South ~11 Houk ~o~d ~pokane, 'WA '~32 ~G ^ c, ~Lt~ Size: acces Ext~ting ~~n~ng; Ag~lcultur~l, ~stabl~s~ - ~'r~apa~~~l ~c~r~fng: N~ c~ar~~e. pr~pe - acc~r~i~r~~e wlt~ tt~~ pr n~velapmer~t. Pra~~s~~ TJ~se of ~`rc~p~r~y: 5~~~1~ famtl~ dweliir~~~ ~g . l~~pllc~atlon ~of ~~oning Pro~►i~ Ic~~. C~~pt~r 4. Z~~ S~c En~~ronmental Impact: A tvplc ~f dl~c~ssion ~ ~rh~t~rer ~r not ~his prop~s~l v~ri11 hav~ a sfgn~fi~~nt ~ , ~ t ~ ~e ~~ur~~y ~ ~ t. ~ ~ ~ ' t . , ~r ~A ~f f ~r~~~~ F = .~r.~;~+, ~ ~ - ~ ~ ; ~ d , _ :t•C o ~ s.. ~ i ~n _ I ~ ~tr. ■ ~ , I~~1~'~ ~r~~ri N - pKJ~~, ~ , , ~ ~ a ef-- 9 ~ ' k I L.B~y~~~~~ r ~ I~~ I_ ( ' ~,.~9.~C 31'~~~ _ ~ ~ww ' . . ~ ~ ~ - ~I , ~ A ~ ~ ~~'~e'~ ::~1 . _ ~ ~ ~ ~ ~ # 4 ~ ~ _ ~ ~~~~.r~, ~__te_. r ~ - _ 'lanninq ' inin~ I~ep~~trttf:nt 6CAM 9;0 PI.N~ oF 1HE f EN~ oF~ pEPp` 14 C0tJ4V _ A E ~,te ~pN SPQ ~ , . fS r ~ T o Frorr► l`7',,,_'~(~i~L►~ • ecr 2-~ i~~ Subi /j~G, ~ ~1~~ti li~ • 01- - r ~ At said time and place y interested person may appea ,r, or against, the granting of *'this application. AGENDA, OCTOBER 28, 1977 - TEZEPHONE NO.: 456-2274 SPOKANE COUNTY PLANNING COMMISSION - Time: Friday, Octoher 28, 1977, 9:00 A.M. Place: Conference Room A, Court House Annex (Use Mallon Avenue entrance) PL.ANNED UNIT DEVELOPMENT . 1. PUDE-1-76, Final Planned Unit Development Plan a. Location: Section 23, Township 25N., 43, E.W. M. That portion of the SW 1/4 of the SE 1/4 of said Section 23, desc ribed as follows: Beginning at the SE corner of said SW 1/4 of of said SE 1/4; thence N 00 28'04"W along the E Iine of Said SW I/4 30 feet; thence N 89048 33 "W parallel with the S line of said SW 1/4 280 feet to the tnue POB; thence continuing N 89048' 33 "W 304.10 feet; thence on a curve concave to the left, having a central angle of 180 08'56 a radius of 603 feet; for a dis- tance of 191 feet to the south line of said SW 1/4; thence N 890 48'33"W along the S line of said SW 1/4 46.36 feet;thence N 00 23'09"W para11.e1 with the W line of said SVIT 1/4 30 feet; thence N 89048'33"W 170.82 feet; thence 00 11'28"F 150.09 feet; thence S 890 48'33 "E 200 feet; thence N 00 I1'28"E 716.61 feet thence E 429.9 feet; thence S 00 26'08"E 531.51 feet thence N 890 33'52" 133.59 feet; thence S 5 70 41' 10 "W 710 20 feet thence S 00 09' 26 "W 299.85 feet to the true POB. • b. Applicant: Robert D. Riegel South 911 Houk Road Spokane, WA 99216 c. Site Size: 10 acres d. Existing Zoning: Agriculturai, establi.shed Aprii 11, 1959 e. Proposed Zoning: No change, ihe property will be developed in accordance with the provistons of a P,lanned Unit Development. ' . ' f. Proposed Use of Property: Singls family dwellings g. Application of Zoning Provision: Chapter 4.20, Section 4020.030 h. Environmental Impact: A topic of discussion at this hearing may be whether or not this proposal wi.ll have a significant adverse environmental impac ~ ytifa,r• ' ain, wh•.'S sii'Y~ ay._ ' - , . n ~ 1+ 1-g ~n A 1 7~3'l ~ 1 C V ~ . ntn r pr .eli . ~ 7rM R ' ~13 1 ♦rY. 7~. L . 1 I I ~~~j ' 1 ♦6e 6Me•~ j_ ~ 'I~ r 1t23u_;/~ °I~ `~t y I~ I! -7~ ~ 'I J I1M ' ~ry ~7t r ~ 12Tr ~1 ' ..X' Il:'1✓`.y.LZ{ ' Jr ♦vl IZIII ~ ~ ~ ~ ALI • ,~i - ,i ('j Y'd ~r ~i.,Y{.I r' 1^ ='~'a. ~L~ 'U „e~ ~ ~ ~ t I ~3 . ~ l r ` •i yy~ i Lr ~3 ~li•-e~,f,, . , • s,, ~4 ~ j j: 'd ; ~~i-~ : A w 8 ~ loo-o- 5PO~ANE VALLECI FIRE DEPARTIAENT ~ • EAST 10319 SPRAGUE AVE. o SPOKANE, WASHINGTON 99206 • TELEPHONE (509) 928-1700 - October 19, 1977 Mr. Fred Dayharsh, Planning Director Spokane County Planning Commission North 811 Jefferson Spokane, Washington 99201 ~ Dear P1r. Dayharsh : ! f The following Zone Change~has bee reviewed for fire protection: ZE-126-77 GOTTSCHAEK - This area is covered by adequate mains and hy r`ants . ~ / 7 ZE-132-77 McKINLEY,-~Mainsi~and hydrantsP need to be installed i n •his .area.\ a~.;,~!` ~ ~ ~ ZE-157-77 BaLL-,_Maµrrrs a'nd:.hydrants-need'\to be i nstal l ed i n th.ys area; and adequat stor-age\of water for Fi re /P ~ tect4on r reau i reci'~ r \ - ~ - ^~i~i ~ ZE-158-77 REGA-~RROPERTIESW: x;Mazns and\hydrants.\need to be ~ ~ , •ti.,,,. ~ ns~al 1 ed i n- th.is:"area~r and'-adequatestorage of water ~ /for 'Ft °re Protect ton~~requl red•. ~ - h ~ y ✓PUDE-1-7~. ~ RI EGEL -E ~M~-ins~-and~~fiyd'r.ants~need,~,to,~be i nstal 1 ed / - r ~`~,i n,~t h i s T rea N ~ • .....~:,.ae:L..: rs.,,.~, ' ~ - ..w~~ ' ~ ♦ I /fu~E: 2C''»•, , W~ ~ ~ ye:a"~11i~ ! ~1 • 'a '_r fi~,.'_ - ' rS` ' ' Y~ yf z'- r~= t~~tx~'t6~t -i~y~•^'~~' s r~ P - - - ' ~ . ~'~.z~s'.","~", 'f:"` / T°---% . -,j-~~ I ,A1\ Coo _.Lt: of' Inspectors , E.;.S n . ECEIVE - 0 CT '111 0 1977 SPOKANE COUNTY PLANNING UEPARTMENT ~ PRE VENT FIRES SAVE LI VES At said time and place nny interested person may appea- for, or against, the granting of this application. AGENDA, OC TOBER 28, 1977 TELEPHONE NO.: 45 6-2 2 74 SPOKANE COUNTY PL.ANNING COMMISSION Timz: Friday, Octoher 28, 1977, 9:00 A. M. Place: Conference Room A, Court House Annex (Use Mallon Avenue entrance) PI.LANNED UNIT DEVELOPMENT 1. PUDE-1-76, Final Planned Unit Development Plan a. Locatton: Section 23, Township 25N 43, E.W. M. Th3t portion of the SW 1/4 of the SE I/4 of sa fd Section 23, desc ribed as follows: Beginning at the SE corner of said SW I/4 of of said SE 1/4; thence N 0028'04"W along the E line of Said SW 1/4 30 feet; thence N 89048' 33 "W parallel with the S line of said SW 1/4 280 feet to the true POB; thence contfnuing N 890 48' 33 "W 304.10 feet; thence on a curve concave to the left, having a central angle of 180 08' S6 a radius of 603 feet; for a dis- tance of 191 feet to the south line of said SW 1/4; thence N 89048 33"W along the S line of said SW 1/4 46.36 feet;thence N 00 23'09"W parallel with the W line of said SW 1/4 30 feet; thence N 89048'33"W 170.82 feet; thence 00 11'281'E 150.09 feet; thence S 890 48' 33 "E 200 feet; thence N 01 11' 28"E 716.61 feet thence E 429.9 feet; thence S 0026'08"E 531.5I feet thence N 89033'S2" 133.59 feet; thence S 57° 41' 10"W 710 20 feet thence S 00 09'26 "W 299.85 feet to the true POB. b o Applicant: Robert D. Riegel South 911 Houk Road Spokane, WA 99216 c. Site Size: 10 acres . d. Existfng Zoning: Agricultural, established April lI, 1959 e. Proposed Zoning: No change. The property wi.ll be developed in accordance with the provisions of a Planned Unit Development, : . ` f. Proposed Use of Property: Singl° family dwellings g. Application of Zoning Provision: Chapter 4.20, Section 4020.030 h. Environmental Impact: A topi.c of discussion at this heari.ng may be whether or not this proposal will have a significant adverse environmental impac1 f;'' ~ 1'Klti?f~~ .s1A ~ ~ 1M I ► ~ j`,•r • y ~ ~ ~ - ~ . r f, _ ~ . sn. ► _ 1 - ~ ~ .,i.,-d- " , . •(y _ JTT..I `L'-s~~` , ;a t ~ rIA uclvil E. t I 'L F_ ~ V e r 3 n~ 1 LJl 11 1 . _ ~ 1r ' ♦ ic i~ri+ Q~ ~ i14J~•- ~ +'a ~ ~ ~ . , ► L~ .{r , =-a k~ • '1 ~1 S1L7~~l_~~f~J+' _..~1: ►lf~~~ ~ M i LC- L~Li/l j1L rt - ; T ~ m~.~~ I i sa, i• a Z ~ ~'R • • . ~I ~\I v , ~ .o % ' 14 : ) ,~[L II!! ~ ~ x ~ V At said time and place -1y interested person may appza--`or, or against, the granti.ng of this application. AGENDA, OC TOBER 28, 1977 TELEPHONE NO.; 45 6-2 2 74 SPOKAiVE COUNT'Y PIJ4NNING COMMISSION - Time: Friday, Octoher 28, 1977, 9:00 A.M. Place: Conference Room A, Court House Annex (Use Mallon Avenue entrance) PL.ANNED UNIT DEVELOPMENT 1, PUDE-1-76, Final Planned Unit Development Plan a. Location: Sectfon 23, Township 25N., 43, E.W. M, That portion of the SW 1/4 of the SE 1/4 of said Section 23, desc ribed as follows: Beginning at the SE corner of said SW I/4 of of safd SE 1/4; thence N 00 28'04"`1V along the E line of Saf.d SW 1/4 30 feet; thence N 890 48' 33 "W parallel wi.th the S line of satd SW 1/4 280 feet to the true POB; thence continuf.zg N 8904 8' 3 3"W 304.10 feet; thence on a curve concave to the left, having a central angle of 180 08'56", a radius of 603 feet; for a dis- tance of 191 feet to the south line of said SW 1/4; thence N 89048' 33"W along the S line of said SW 1/4 46.36 feet;thence N 00 23'09"W parallel with the W line of said SW 1/4 30 feet; thence N 89048' 33"W 170.82 feet; thence 00 11' 2 8"E 150.09 feet; thence S 890 48' 33 "E 200 feet; thence N 00 11' 28 "E 716 . 61 feet thence E 429.9 feet; thence S 0026'08"E 531.51 feet thence N 89033`52" 133.59 feet; thence S 57041' 10"W 71 a 20 feet thence S 01009' 26 "W 299.85 feet to the true POB. b o Applicant: Robert D. Riegel South 911 Houk Road Spokane, WA 99216 c. Site Size: 10 acres d. Existing Zoning: Agricultural, established April 11, 1959 e. Proposed Zoning: No change. Tne proper-ry will be developed in accordance wxth the provi.sions of a Planned Unit Development. ' ' f. Proposed Use of Property: Singl-3 famtly dwellings g. Application of Zoning Provis ion: Chapter 4.20, Section 4 02 0.030 h. Environmental Impact: A topic of discussion at this heari.ng may be whether or not this proposal wfll have a significant adverse environmental impac- )17{i 4.~ j'~ ~ 1'HMi"• _ ~.,IA' wl rt Ncr 7M G t. a' S lI l G.r 7i~'~ ~ N r SI1 41 7.+' 1\ i6~ ••Td-I~ L-- 1~~~~ ~ I~I ~~j~I~)• J .l1Tll...J+~~'l.s~ ~ I ^ - f ~ yy~ lrN J L~~t!' ~ .i i ; • 1r/ YT•• r Jl~ / - - ` - - - - t = /2. m ~ ~.c F- • e R ( ~ ,.t ~ ~ << ~ . . ~ ~ - 8 - . ~ PUDE-1_ 7 6 ~ PE-1058 76 ' In the matter of a hearing on the application of Robert D. Riegel, South 911 Houk Road, Spokane, Washington, to file a plat and Planned Unit Development to be known as Riegel Heights Addition #2. The property being platted and developed is described as that portion of the SW 1/4 of the SE 1/4 of Section 23, Township 25 N., Range 43, E.W.M. describec as follows: Beglnning at the SE corner of said SW 1/4 of safd SE 1/4; thence N 00 28'08" W alonc the E line of said SW 1/4 30 feet; thence N 890 4833 "W parallel with the S line of said SW I/4 2 80 feet to the tnze POB; thence continuing N 89048' 33 "W 304.10 fe:et; thence on a curve concavf to the left, having a central angle of 180 08156 a radius of 603 feet; for a distance of 191 feet to the south line of said SW 1/4; thence N 890 48'33"W along the S line of said SW 1/4 46.36 fee thence N 00 23'09"W parallel wxth the W line of said SW 1/4 30 feet; thence N 890 4833"W 170.82 feet; thence 00 11'28" E 150.09 feet; thence S 890 48'33" E 200 feet; thence N 00 11'28"E 716 . 61 feet the nce E 429.9 feet; thence S 002 6' 0 8" E 531.51 feet thence N 8 9° 3 3' S 2" E 133.59 feet; thence South 57041' IO" W 71.20 feet; thence S 000 9' 26 "W 299.85 feet to the true POB. All in Spokane County, Washington.AFFIDAVIT OF POSTING (North of 16th approximately 300 feet east of Carnahan Road.) STATE OF WASHINGTON ) ) SSo COUTVTY OF SPOKANE ) , Being first duly sworn, deposee and says: That at all times mentioned herein he was, and now is, a citizen of The United States, a resident of Spokane County, IrJashington, and over the age of twenty-one yearso That on 1d,702, he personally posted three (3) true and correct copies of he hereto attached NOTICE OF PUBLIC HEARING at the following places in Spokane County, to-wit: ri ~ ro *w 2. Su2* Is r-T Vv S7 * - _ ► O F/ V w41~ 3O O -FT EpCCommm) 3 0 0• N S.Lac. ~ Subscri'aed and sworn to me L~i9 , , NOTARY PUBLIC IN AND FOR SPOKANE COUNTY, WASHI1IGi0-4 Residing at Spokane, Washington PuaP'- 7(o > ~a (`p6~~T R~~'6CL_ ~~(~c~~~~c~~ RALPH E. FLAGAN So~,~~~ w.a ~c 2o~t~ Professional Land Surveyor 10606 College Circie 01<A,~~ wr" q ~ ~ ,(0 SPOKANE, WASHINGTON 99218 LOTS ~W';J:k c CL SiMd~~ VAf~aIf,~I pZES0t~VNT)~ ~ ~O a RIEGEL HEIGHTS PLANNED UNIT DEVELOPMENT LEGAL I3E, SCRIPTION That portion of the Southwest Quarter of the Southeast Quarter of Section 23, Township 25 North, Range 43 East, W.M. described as follows: Beginning at the southeast corner of said Southwest Quarter of said South- east Quarter; thence North 00 28,08" lydest along the east line of said Southwest Quarter 30.0 feet; thence North $90 48'33" West parallel with the south line of said SouthVaest Quarter 280.00 feet to the True Point of Beginning of this description; thence continuing North 890 48'33" biest 304.10 feet; thence on a curve concave to the left, having a central angle of 18 0 0815611, a radius of 603.00 feet, for a distance of 191.00 feet to the south line of said Southwest Quarter; thence North 890 48133" West along the south line of said Southwest Quarter 46.36 feet; thence North 00 23'09" 4dest parallel with the west line of said Southwest Quarter 30.0 feet; thence North 890 4$133" 14est 170.82 feet; thence North 00 11128" East 150.09 feet; thence South 890 48'33" East 200.00 feet; thence North 00 11 128" East 716.61 feet; thence East 429.90 feet; thence South 00 26 l08" East 531.51 feet; thence North $90 33 t 52" East 133• 59 feet; thence South 570 41110" West 71.20 feet; thence South 0°09'261' V1est 299•85 feet to the True Point of Beginning of this description. All situated in Spokane County, Washington. ~ ~ ~~2~o w~ ~C~.~C ~c E.l ~1 tL~ ~ . Wa ',~,c cr' A ~ ~ • ~ f , C^~, ~~6 75e0 s~ ,STE~~ ~J ~Nq C L ANO Phone 1 509 489-1559 ~ Transamerica Transarnerica Tille Insurance Company Title (nsurance ServiCeS North 720 Argonne Road amm Vam Spokane, Washington 99206 (509) 922-2222 CERTIFICATE TO PLAT Order No. 82241-M Certificate for Filing Pr.oposed Plat of RF,GAL HEIGHTS PLANNFD UNIT DEVELOPMENT Ccunty Planr~ing Cor~imission N. 811 Jefferson Spokane, Washington Gentlemen: In the matter of the plat submitted for your annroval, this Coripany has examined the records of the County Auditor and County Clerk of Spokane ' County, Laashington, and the f ecords of the Clerk of the United States Courts holding terms in said County, and from such examination hereby certifies that the title to the following described land situate in Spokane County, to-wit: As hereinafter set forth; (see page 3) . VESTED IN: ROBERT DEE RIEGEL, as his separate estate. EXCEPTIOPIS : l. General taxes for the last half of 1977 in the amount of $152.52, including Weed District Tax (Parcel Dlo. 23534-9123) 2. EASEMENT AND THE TERMS AND COTIDITIOrTS THEREnF: ' Grantee : The jJashington Water Power Company, a corporation Purpose: Electrical transmission line and telephone ' system, with right to place 6 poles and right of overhang approximately 30 feet 1lorth of the ; South line of said Southiaest quarter of the Southeast quarter, together With right to remove ' brush and trees Dated: March 31, 1955 Recorded: April 22, 1955 Recording r1o. : 312318B (continued) r Page 2 Order No. 82241-M 3. Right to make necessary slopes for cuts or fills upon property herein described as granted to Spokane County be deed recorded under Recording 11o. 438660C. f Records examined to August 30, 1977 at 8:00 A. M. TRANSA14ERICA TITLE INSURANCE COMPANY ~ By. Dennis Roberts Title Officer cc: Ralph E. Flagan ~ - - Page 3 ' Order No. 82241-Pi Description Certificate to Plat Being that portion of the Southwest Quarter of the Southeast Ouarter of Section 23, Township 25 North, Range 43 E. W. M., described as follows: Beginning at the Southeast corner of said Southwest Quarter of said Southeast Ouarter; thence North 0°28'08" West along the East line of said Southwest Ouarter 30.00 feet; thence North 89°48'33" West parallel with the South line of said Southwest Ouarter 280.00 feet to the True Piont of Beginning of this description; thence continuing North 89°48'33" tiaest 304.10 feet; thence on a curve concave to the left having a central angle of 18°08'S6", a radius of 603.00 feet, for a distance of 191.00 feet to the South line of said Southwest Ouarter; thence North 89°48'33" West along the South line of said Southwest Ouarter 46.36 feet; thence North 0°23'09" West parallel with the West line of said Southwest Ouarter 30.00`feet; tr.ence North 89°48'33" West 170.82 feet; thence North 0°11'28" East 150.09 feet; thence South 89°48'33" East 200.00 feet; thence North 1°11'28" East 716.61 feet; thence East 429.90 feet; thence South r, 0°26'0~" East 531.51 feet; thence North 89°33'S2" F.ast 133.59 feet; thence South 57°41'10" West 71.20 feet; thence South 0°09'26" West 299.85 feet to the True Point of Beginning of this description. All situate in the County of Spokane, State of Washington. 0 IV ~~~l71Ci1 T iTi F INc(iR"`r'r` ~^~9P~INY ~~l ~~n ~ • ~ / O 0 7 n9201 ` • ~ 1 c•1= i t+~ • ~ . , ~ - / 2_ r . ~ 1,,~/: G ~ ,-I~:►~~ R t~ F' , L. _ ~ ~ J C This 'i p; ~nt rs ma~ c c~c,,lY frr lhC purpose of assisting . ? ~1 ~ • tn lor.at:no r ~ said rr_mrfes 'nr; t'-e rmmnan liab(hty toF van;t~~~e ,t anv rn dimc s ons ndo • ~ f fotation ascerc2ined by aclual y 1~~~ ~ ~ , Jr I~ l ~ . - •~s ~w~ w+~ ~rr ~o w- ~r+ -~A ~w~ .w ` . _ i _ _ U _ _ ~ _ _ ~ ! 1l , . ~ 8. . , ; 1-4 ,/Zc~ I L'~ E=a q.► 77 ?5', , I l-Q V , 3e).S- . ,,a,oP„ ,e4 J ' I . ; ~ y E33 , . ~ .ey► .y.~r ~sf ) L13 ~r1 w... ww sws .c~ ..~a .~o. we.. ...o ~ •.r ~,w~ ~ ~ - ~ ~ a . ` , ~ ' - - ~ , . ~ . . 1,7 , -z C~ ~ 3/n , -1_3 lAI , __SlOR►V S AD _DITJOY~ _ Lle • ` y~.`. • ~ • ; o . ' ` L3 : , ` ~ ' ~i !~Iv''~ ~r , • J ~ ' •4; ~j, ; ~ 12- 12 _ _ ~ _ ~ , ' ~ ' ` ~ T n ~ " " • '/1 ~ fj ~ f A ; ~ ' ~ 'I-Cr J7~ i Y ~ W4S- !M . M ) es'T ~w r / ~ . . 1006 - d r ~ ~ ~~-105 . ~ Pacific Northwest Beli Spokane, August 10, 1977 Spokane County Planning Commission North 811 Jefferson ' Spokane, Washington 99201 Dear Sirs: -4 Regarding the Final P1at of Riegel Heights Planned Unit Development. Pacific Northwest Bell will not require any easements within the Plat. Yours truly, G. D. Fleming Right-of-Way Agent North 904 Columbus Street Spokane, Washington 99202 GDF:nf cc: Robert Riegel N. 111 Vista, Bldg. 3-A, Suite 5 Spokane, Washington 99216 R E C E I V E ts ~►'I-r S a,vrA;:E CTY A: 11% .-n - -I ` , - P~~,l~ s•.~ 7tr ; . . f • =,t _ , Gll~ - - r ~ i • • SPOKANE COUNTY PLANNING DEPARTMENT J r ; PUBLIC WORKS BUILDING N 811 JEFFERSON STREET •11 PHONE 458-2274 'a' • n4 ll. ~ ~ , ' ' i r ~ SPOKANE, WASHINGTON 99201 SPOhnNE COUNTY GOURi MOUSC MEMORANDUM T o: !5 Pok , Co , 4 E40-4 D1 ST, cro Eqv I iz. 4~~J~. F RO M: S pokane County Planning Department N. 811 jefferson, Spokane, WA 99201 Attention: __ZoN,v °'r- -Sor orzEQ DATE: R E F E R E N C E: Attached Propo sed Declaration of Non-Significance and Environmental Checklist for Sv6eLuLs1n W - Psr.. Itr58 -7G PLANNCM UNIT OEuELQpftEaA_T ~ Q?uQ p - 74 Information on file concerning this proposed action indicates your agency to be one of jurisdiction, WAC 197-10-040 (4). Accordingly, if you wish to exercise your right to review and comment as pro- vided in WAC 197-10-340 (S), please be advised that the pro osal was listed in the SEPA Public Information Center on /ZG ~76 , - ' 4 i ' . ' , , , I S-441PRI 1 . ',i1 f' ' SPOKANE COUNTY PLANNING DEPARTMENT I " PUBLIC WORKS BUILDING N. 811 JEFFERSON STREET y i. • , I I ~ yp~±~ A ; PHONE 456-2274 ~ SPOKANE, WASHINGTON 99201 . __a-- ; , • , r SFOKANE CQUNTr COl'Ri MOUSE LE..AD AGENCY DESIGNATION OF SPOKANE COUNTY Pursuant to WAC 197-10-203 (3), the Spokane County Planning Department, a division of Spokane County, has determined that the County, as an ACTING AGENCY, is the LEAI) AGENCY for the following descrfbed project: _f&ELIM1U4wQ~ SLLbptUlSipN -PC -/OS~'r ' 7a GRONN 0.1ati„t DEv"M~NT Pu Qr__ - i - 7 The following i.s explanation fz)r this determfnation: WAv 'q/ r I Q 2 W Determination for Spokane County By: Name; 3DN1,J T. SW C/ TLr.&... Title: ~NlIJG n~ni~~sTaArr~fx_ Date: 12/~ 174P • PUDE 076 0 `7 , I., ~ J 9I~ ~ 1 a , . . . - . . . ~ SPOHANE COUNTY COURT NOUSE FORM FOR (PROPOSED/9MOW DECLARATION OF (55OWZZ$aRXWjkM0N-SIGNIFICANCE) aescription of proposal Planned Unit Development for Riegel Hefghts Addition No. 2 Proponent Robert D. Riegel Location of proposal SW 1/4 of SE 1/4 of S_ection 23, Township 25 N., Range 43 E.W.M. Lead Agency gp_ okane Cou,ntv This proposal has been determined to "(hxvw/not have) a significant adverse impact upon the environment. An EIS k~p/is not) required under RCW 43.21c. 030 (2)'(c). This decision was made after review by the lead agency of a completed environmental checklist and other information on file with the lead agency. Responsible official Mr. Ray W. Christensen Position/Title Chairman, Board of County Commf ss ioners Date /A S ignature ' (3) If the form is for a declaration of environmental significance, the lead agency may add to the information contained in subsection (2) of this section a listing of those environmental impacts which led to the declaYation, tcgether with a brief explanation of what measures, if any, could be taken to prevent or mitigate the environmental impacts of the proposal to such an extent that the lead agency would withdraw its declaration and issue a (proposed/final) declaration of non-significance. . ~ ~ - ~..1 ~ ~ ~ SVOhANE COUNTY GOURT HOUSE STATE of WASHINGTON ENVIRONMENTAL POLICY ACT Environmental Checkli st , ~ r proposal file number ~A" 9POHAN$ COQNTY PLANNINQ COMMISSION PUBLIC WORKS BUILDING N. 811 JEFFERSON STREET PHONE 458-2274 SPOKANE, WASHINGTON 99201 . d ♦ ~ INTRODUCTION: The State Environmental Polioy Act of 1971, Chap#cer 43,21C, RCW requ.ires all state and local governmental agencies to consider environmental values both for their own actions and when licensing private proposals. The Act also requires that an EIS be prepared for all major actions significantly affecting the quality of the environmento The purpose of this checklist is to help the agencies involved detezmine whether or not a proposal is such a major action, Please answer the following questions as completely as you can with the information presently available to you. Where explanations of your answers are required, or where you belfeve an explanation would be helpful to govern- men*_- decision makes, include your explanation in the space provided, or use additlonal Fages if necessary. You should include references to any reports or studies of which you are aware and which are relev ant to the answers you provide. Complete answers to these Zuestions now will help all agencies in- volved with your proposal to undertake the required environmental revi2w with- out unnecessary delay. ' The following quest.ions apply to your total proposal, not just to the .license fox which you are currently applying or the proposal for which approval is soughto Youx answerG should include the impacts which will be caused by youx proposal when it is completed, even though completion may not occur until sometime.in the futureo This w,ill allow a11 of the agencies which will be in- volved to ccmplete their environmental review now, without duplicating paper- work -An the f uture . , No application shall be process until the checklist has been completed and returned to the Plan Comanissiono State law requires explanations for everY "Yes" and "maYbe" answer on the checklist and person conpleting the form may provide explanations for "no" answers~ NO'I'E: This is a standard form being used by all state and local agencies in the State of Washington for various types of proposals. Many of the questions may not apply to,your proposal, Tf a questfon does not apply, just answer it "no" and continue on to the next question. ENVIRONMENTAL CHECKLIST FORM I. BACICGRAUND 1. Name of Proponent /C060~27- DP-f-- G,e ` 2. Address and Phone Number of Proponent : S~ i► k1D ue-C~~1 '5POr~aoe. WAs tA , ~ . 3. 'Date Checkliet Submitted /D ; v17~ 4. Aqency Requiring Checkliet S~D tl r4 u E p~ a 14 U I nl~',- C-6 /K M' 5. Name of proposal, if applicalole: /&F G-r-t, l-~ •e- / 6W7+5 , ~ • _ a i 6. Nature ar,d Brief,Description of the Proposal (including but not ismited to its size, general design elements, and other factors that wi11 give an accurate understanding of it5 scope and nature) : l;iA-9 Reo_Pf-' 7. Location of Pxoposal (describe the physical setting of the proposal, as well as the extent of the ldnd area affected by any environmental impactsp including any other information needed to give an accurate,understandinq of the environ- mental setting of the proposal): U ,001 C~~~ ' • , 8. Estimat.ed Date for Completion of tr,e Proposal : /917/f 9. List of all Permits, Licenses or Governmenr Approvals Required for the. Fropo:.al (f'eder.aL, state and local Yncluding rezones) : / 10. Do you have any plans for future additions, expansion, or further activity re- lated to or° connected with this proposal? If yes, explain: 11~ Do you know of any plans by others which may affect the property covered by your proposal? If yes, explain: 40 12, Attach any orher app 1 icat ian form t hat has been completed regarding the pro- proposal; if none has been comp letedg but is expected to be filed at some future dzte, describe the nature of such agplicatian form: I I, ENVI FcGNMENTAL 1 MPACTS FExplanati.ons of all "yes" and "maybe" anwerj are requiredr Yes Maxbe No il) Earth. Wi11 the prmposal resuit in: ra` Unstable earth cond,itiona or in changes in geoiogic substructures? 60 (b) Disrvptiors, displacements, compacdion or , overcovering of the soi 1? (c, ' Change in topogrQphy or ground suz.~face relief features? ~ (d) The destruction, covering or mociification of any unique geologic or physical features? (e) Any increase in wind or water erosion of soils, eirher ori or off the site2 ~f) Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion a 0 . ~ o Yes Maxbe No (c) Introduction of new species of flora into an area, or in a barrier to the normal replenishment of ~ existing species? t-~ (d) Reduction in acreage of any agricultural crop? Explanation: ~ (5) Fauna. Will the proposal result in: ~ (a) Changes in the diversity of species, or numbers of any species of fauna (birds, land animals including reptiles, fish and shellfish, benthic organisms, insects or microfauna) ? (b) Reduction of the numbers of any unique, rare or endangered species of fauna? ~ (c) Introduction of new species of fauna into an area, or result in a barrier to the migration or movement of fauna? ~ (d) Deterioration to existing fish or wildlife habitat? a~ Explanation: ` (6) Noise. Will the proposal increase existing noise levels? V E xpl an at ion : (7) Liqht and Glare. W.ill the proposal produce new light or glare? ~ Explanation: . (8) Lana Use. Will the proposal result in the alteration of ~ the pre5ent or Flanne~ la;4d use an area? Explanation: l~ L~~- ► (9) Natural Resources. Will the proposal result in: (a) Increase in the rate of use of nay natural resources? t/ (b) Depletion of any nonrenewable natural resource? Explanation: (10) Risk of Upset. Does the proposal involve a risk of an explosion or the re lease of hazardous substances (including, but not limited tr oilo pesticides, chemicals or radiation) in the event of an accident or upset conditions? ~ Explanation: - (11) Eo sulation. Will'the proposal alter the location, dis- tribution, density, or growth rate of the human popu- ~ lation of an area?, Explanation: ~ tvi rIAA o ~ (12) Housinge Will the proposal affect existing housing, or create a demand for addi nal ho ing? ~ ✓ Explanation : ~ c Yes Maybe No j which may modify the ch~,annel of a river or stream or,the bed of the ocean,or any bay inlet or lake? ~ Explanatior): (2) Air. Will the proposal result in: (a) Air em.issions or deterioration of ambient air quality? ~ (b) The creation of objectionable odors? ~ (c) Alteration of air movement, moisture or , temperature, or any change in climate, either locally or regionally? Explanation: (3) Water. Will the proposal result in: (a) Changes in currents, or the course or direction of water movements, in either marine or fresh waters? J_-- (b) Changes in absorption rates, drainage patterns, + or the rate and amount of surface water runoff? ~ (c) Alterations to the course or flow of flood " waters? v ,,(d) Change in the amount of surface water'in any water body? ~ (e) Discharge into surf ace waters, or in any altera- tion of surface water quality, including but not limited to temperature, dissolved oxygen or turbi- dity? (f) Alteration of the direction or rate of flow of ground waters? l~ (g) Change in the quantity of ground waters, either ~ through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? ~ (h) Deterioration in ground water quality, either through direct injection, or through the seepage of leachate, phosph ates, detergents, waterborne virus or bacteria, or other substances into the ground waters? ~ (i) Reduction in the amount of water otherwise available for public water supplies? Explanation: (4) Flora. Will the proposal re6)lt in: (a) Change in the diversity of species, or numbers of any species of flora (including trees, shrubs, grass, cropa, microflora and aquatic plants)? ~ (b) Reduction of the numbers of any unique, rare or endangered species of flora? ~ , ~ Yes Maybe No (13) 'Transportation/Circulation„ Wili the proposal result in: (a) Generation of additional vehicular movement? (b) Effects on existing parking facilities, or demand for new parking? (c) Impact upon existing transportation systems? v (d) Alterations to present patterns of circulation or movement of people and/'or goods? (e) Alterations to waterborne, rail or air traffic? (fo) Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? ~ Explanat ion : (14") Public Serviceso Will the proposal have an effect upon, or result in a need ior new or altered governmental services in any of thE following areas: _ (al Fire protection? (b) Police protection? (c) Schools? ~ (d) Parks or other recreational facilities? (e) Maintenanre of public fa~::ifities, including roads? ~ (f) Other governmental~~Zsvices? Explanation : ~ ~ f (15) EnerqZ. Wi 11 the proposal result in: (a) Use of substantiaY amounts of fuel or energy? ~ (b) Demand upon existing sources of energy, or require the development of new sources of energy? L- " Exp lanat ion : , (16) Utilities^ Wi11 the proposal result in a need for new systems, or alterations to the following utilities: (a) Power or natural gas? ~ (b) Communications systems? (c) water? (d) Sewer or septic tanks? _ (e) Storm water drainage? ~ (f) Solid waste and disposal? f ~ Explanation : ~ C9 (17) Human Healtho Will'the proposal result in the creation of any health hazard or potential health hazard (excluding mental health)? Explanation: , . . Yes Mabe No = (18) Aesthetics, Will the proposal result in the obstruction - of any s,cenic vista or view, open to t'the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? Explanation: (19) Recre ationo Will the proposal result in an impact upon the quality or quantity of existing recreational - opportunities? l~ Exp lanation : (20) Archeological/Historicalo Will the proposal result in an ' alteration of a significant archeological or historical site, structure, object or building7 Explanation: (21) Additional Information. III. SIGNATURE I. the undersigned, state that to the best of my knowle3ge the ubove information is true and complete. It is understood that the lead agency may withdraw any declara- tion of non-significance that it might issue in reliance pon tris checklist should there be any willful misrepresentation or willful lack o fu 1 discr on my part. . . Proponent : D' 1`5 1 ! r.:F cl-- l:;;L Address : e~ • /C~ U ►Y/=~~ Gci G9.5f~ . 1 , Phone : Person completing form: ~p ~ r OLT D K--/ Phone : Date : ~ ' - i NiINUTES NO JEMBER 12, 1976 PRELIMINARY SUBDIVISIDN AND PLAIVNED U1VIT DEVELOPMENZ 1. PE-1058--76 - RIEGEL HEIGHTS ADDITION #2: RIEGEL PUDF-1-76 - PLANNED UIVIT DEVELOPMENT FOR RIEGEL HEIGHTS ADD. #2 Planning C--mmissir~n Recommendati,-)n f-,r Plat: Approvc PE-1058- 76, Rieael Heiqhts Additicn #2, subiect to the followinq c,-)nditi:ns; (Vrate v•as unanimnus.) A. CONDITI4NS: ~ That the plat be designed as indicated on fihe preliminzry plat of record and in substantiaI compliance with the approved PUD d3velopment plan nn file with PUDE-1-76. NOTE: Adjacent lots to the east arc to be filed separately under the approved prEliminary plat of riegel Heights Additi:Dn, PE-1031-76a . That a statement be placed in the dedicatinn to the effect that n'D more than ~)ne dwelling structure be placed cn any one lot, nor shall any lot bc furthEr subdivided for the purposes of creating additinnal lots or building sites withcut filing a replat. °~~3 . ThBt the plat provide for right of vvay width for streets as indicated on the preliminary plat of record e 4. That appropriate street names be indicated. 5. Thafi appropriate utility easements be indicated --)n copies of the approved preliminary plat for distribution to the Planning D2partment and the utili-ty comp3nies o Written apprDval ^f the easements by the utility company must be received pricr t.-~ thc submittal of the final plat. 6. That a plan for water facilities adequate for fire protection be approved 2 by the water suppliEr and fire prctECti ons district o Said water plan must also have been approved by the appropriate health authorities. The ' h ealth authorities , water supplier (purvEyor), and fire protection district will certify, pri^r t_-J the filing of the final plat, ,-,Nn the f3ce of said water plan that the plan is in c onformance with their require- ments and will adequatcly satisfy their espective needs. Said water plan and certificati on will be drafted on a transparency suitable for reproduction. The water supplier (purveyor) will also certify pri-.r t~ the filing of the final plat on a cony of said water plan that appropriate canfiractual ' - 18 - r PE-1058-76 - RIEGEL HEIGHTS ADD #2 (Continued) arr-angements have been made wi~h the plat sponscr for construction of the water system in accordance with the apnroved plan, and in acc~~rdance with a time schedule o The time schedule will provide, ' in any case, fcr completion of the water system and inspectfon by tliF apprnpriate health authorities prior to application for building perrnits within the plat o The contractual arrangements will include a nrovision holding Spckane County and the water purveyor harmless from claims by any lot purchaser refused a building permit due to the failure of the plat sponsor tn satisfactorily complete the approved water system. The plat dedicati` n will contain a statement to. the effect that the public water system as approved by County and State Health authori- ties and the local fire district and water purv.eyor will be installed within this plat and the subdivider will provide for individual domes- tic water service as well as fire protection to each lot prior to sale o f each lc~t o 7. That a certificatE --)f title be furnished the Planning Department prior to the filing o£ the final plat. 8. That the preliminary plat be given conditional approval to December 1977. ° 9. That the status Df the parcel in the plat designated as L^t 12 be indicated on the final plat and in the dedication, and that the staff be allowed to w-)rk w.ith the sponsor to determine its best use and fi-tture statu s . TiYe following items are related to the open space: a) The sponsor shall submit the proposed form of the legal dacu- ments for continued rEtention, development, and maintenance nf all c-ommon open space land prior to the filing of the final plat; which documents shall pr,~lvide, among other things, for a minimum assessment of inembers of a home owners' assacia- tion fDr such open space developmEnt and maintenance. Said documsnts to be approved by the Planning Director prior to filing of the final plat. b) The areas sh:awn as recrEation area and/or site, etc., must be accurately defined and given lot and block numbErs. The final plat will sh{~w the future ownership status of parcels to be sold, parcels to remain public (i . e e, sewer treatment site) and parcels to remain in comm-;n ownership. - - 19 - PE-1458-76 - RIEGEL HEIGHTS ADD. 02 (C^_ntinued) 10. That streets be improved t-) stanc'ards established by Spokane County _ or a bDnd t-) cover the cost of such improvements be furnished the ~ County Engineer. The hond may also c^vEr the cost of "as built" plans, engineering c^.sts, and placing nf final centEr line monuments. 11. That profiles of streets, cross sections, proposed grailes, and drain- age plan of the plat be submitted and approved by the Gounty EngineE and by the Planning Director before the final plat is d-awn. 12 a That a name, be indicated before the final plat is filed; such namE L, be approved by the County Assessor and the Planning st aff . 13. That conditional approval be given subject to provisions in the plat for a public sewer system. Approval of the design of said systems must be given by Gounty and State Health authorities and the County Utilities Department pri:)r to filing of the final plat. A suitable guar- antee will be requireu to c-)ver the cost of providing said system in the amount as c!eterminea by thE Public WOrks repartment. Each of lnts 1 thr~ugh 12 of the subject plat shall have their own individual sewage treatment facility and side-sewer each of which shall be connectEd to a community waste water (effluent only) col- lect.ion piping dasposal system. All portions of the individual and community systems shall be acceptable at the time of installation to the Health Officer and shall be maintained in a mannEr acceptable to the Nealth Officer o Prior to filing the final plat, the developer shall provide evic?ence to Health Officer that the provision nf the paragraph abrve will be ' avbfeved. As a minimum this will include: a. A copy r)f the recorded easement in favar of the PUD of a land corridor at least 10 fEet wide f^r the entire length of thE com- . munity owneG collection 3nd disp-_)sal area. *Nb. The disposal area must be fenced to prevent unauthorized uses. c e A copy of the instrument creating the PUD. d. Our appraval of the plans and specifications for the effluent collection ancd, disposal system as prepared by a professiona1 engineer o e. Our apprr-%val -)f the operati-,ns and maintenance procedures per- tinent to the effluent c~llector lines and dispos31 system, - 20 - PE-1058-76 - RIEGEL HEIGHTS ADD. #2 (Continued) f. Terms of plat dedic3tion requiring the lc towners to join, sub- scribe to Gna financially supp-)rt the legal instrument charged with maintaining and operating the effluent collector lines and disp^sal system. 14. That a statement bE placEd in the dedication to the Effect that a public sewer system will be made av3ilable for the p13t and individual service will be provided t) each lot prior to sale. B. PLANNED UNIT DEVELOPMENT PUDE-1-76 - PLANNED UNIT DEVELOPMENT FOR REIGEL HEIGHTS ADDITION #2 C. CONDITIONS: 1. The advertised property shall be develrped in substanti3l conformance with the preliminary devEl~pment plan. 2. The applicant shall within one (1) year Df the date of the prelimin- ary appr^val submit s final development plan of the proposec', devel- opment for approval by the Pl~nning Commission. 3. Provisions for the contr-11 and preservation ^f future private rights- -)f-way shall be made prior to the finalization of PUDE-1-76, and s`-iall meet the appr~val of the Spok-ane C~unty Zoning Administrator. D. REAS4 'iQ S : 1. The staff is Of the opinion that FUDE-1-76 and PE-1058-76 comply with the development policies -.f the CDmprehensive Plan. The staff notes that the P13nned Unit Zevelopment concept allows areas to be developed to single fln-mily density requirements with minimal impact and disturbance of natural terrain and .adj^ining single family resi- dential cevelopment. 2. The project satisfies the purposes of the P13nned Unit Develcpment Section of the Zoning Ordinance. A planned unit development h3s the following purposes. a. To permit flexibility in design, placement of buildings, and use of open spaces, incluc?ing m?,dificati^n in requirements for 1-A frontage, building setbacks and design of cfrculation facilities t^ best use p,?tential ^,f sites characterized by special fe3tures -jf ge^graphy, t,,p.~graphy, size, or shape. - 21 - PE-1058-76 - RIEGEL HEIGHTS ADD. #2 (Contznued) b. To encnurage a more crec-itive apprDach in the development of Iand that will result in a more efficient, aesthetic, and desirable environment in harm,~ny with that of the surrounding area, while at the same time maint afning substantially the same population density permitted in the zone in which the project is l-icated. 3. The staff notes that the density of the Planned Unit development pr,ject is considerably lower than the maximum density that the Izofi.cultural Zone would allow. 4. The staff is of the opfnion that the preliminary plat and PUD plan in con junction with the stipulated conditions for neighborhnod traffic circulation, public water supply including fire hydrants, sewage dis- posal, ample open space, recreaticn areas and the design require- ments -)f Chapter 4. 2 0of the Spokane County Z-)ning OrclinancE comply with the purpose and provisions of the Planned Unit Development Section of the Spokane County Zoning Orclinance. E. STAFF ENVIROIVMENTAL REVIEV'J: As required in WAC 19 7-10-32 0, the staff cf the Spokane County P3anning I?epartment reviewed the environmental checklist submitted by Mr. Robert D. Riegel for a preliminary plat and PU D. , The proposal is located approximately in the SE 1/4 of SW 1/4 of SE 1/4 of Secticn 23, Township 25 N., Range 43, E.VRj. M., ad jacent and north nf 16th Avenue appr-oximately 500 feet east of Carnahan R7ad. Thc propo- nent is requesting to. subdivide ten acres into eleven iots to be developed for single famfly c?welling units, creating a gmss density of 1.8 units per acre. The site is located -)n 10 to 210 percent sloping terrain with rock outcropping and sparse coniferous timber. The staff review has identified three P'~tzntial area of envirunmental impacts. First, and comm,--)n to all subdivision, is the increasE in m,-)tor vehiclE traffic and all the effects associrited therewith. These wo-uld. include such impacts as increased air p,-A.ution, specifically suspended particulates from unimproved streets, increased noise, and increasc:d public safety hazards from traffic o A secnnd p-ntential environmental impact area considered was the increased demand on public services and utilities. This would include such factors as increased requirements for police and fire protectifln provision Qf addi- tianal school, park, 3ncl recreati.onal facilities, and additional mainten- ance requiremenfis an aIl c~unty facilitfes and roads. This would also include such impacts as associated with extension ')f utility iines (power, natural gas, telephone) and thE provisi~)n 1-f suitable lont term sewerage, domestic water, storm water runoff, and solid waste disposal systems e - 22 _ PE-1058-76 - RIEGEL HEIGHTS ADE #2 (C ontinued) A third potential envir^nment~al imp3ct revealed by the slaff evaluation in- volves the subsurface injecti-in ~f sewz.ge Effluent and : torm water runoff. This waste water placed at a. depth will percolate downv-ard toward the aquifer rather than evaporating back into the 3tmosphere as under natural conditions. A portion of the contaminants will likely be filtered out of this waste water, but the resulting quality has not been (letermined yEt. A tot3l of approximately two acre - feet sewage effluent trill be disposed of annually o The c~n%-:lusion of this envfronmental checklist review is that no signifi- cant cnvir,:~nmental impacts will likely result from the proposal if the speci- fied mi..,gating measures are 3doptEd. Therefore, it is recommended that a Declarati.^n of Non-Signific3nce be issued and an environmEntal impact statement not be required e F. GEIVERAL DATA: 1. Location: Section 23, Township 25 N., Range 43 , E.V!j. M e Beg. at SE corn a of SW 1/4 of SE 1/4; th N 0028'08"Vi.T along the E ln of sd SW 1/4 30 ft; th N89048'33"W W 280 ft to true POB; th cont. N89048'33"W 304.10 ft.; th on a curve concave to left having a central angle of 18° 08' S6" a radius of 603 ft, for a dist. of 191 ft to S ln of said SW 1/4; th N89148'33" W alg S ln -of sd SVV1/4 46.36 ft; th N0023'09"W 30 ft; th 1iT89048'33''W 170082 ft.; , th N 0011'28"E 150.09 ft; th S89048'33"E 200 ft.; th N0011'28" E 716.61 ft.' th E 429.90 ft.; th SO°26'08"E 531.51 ft.; th N89033'52"E 133.59 ft; th S 57041'10"W 71.20 ft.; th S01009`26"W 299.85 ft to true POB. 2. Sponsor: Robert D. Riegel S. 911 Houk Spokane, AdA. 99216 3. Land Surveyor: Ralph E e Flagan 10606 College Circle Spokane, vVA 99218 4. Site Size: 10 acres 5, iJ:Ir:ber of Lots: 11 lots 6. Land use proposed by sponsor: Single family residences Existing Zoning: Agricultural, established April 11, 1959 8. Proposed Zoning: No change. The property will be developed in accordance with the provisions of a Planned Unit Development, Chapter 4.20 of Zoning Ordinance 9. Water Source: V.7ashington Water Power Company 10. School District: Spokane School District No. 81 - 23 - r ' r { ♦,~a Spokane County Pl anning Commi ssion Mr. Owight Hume Acti ng Di rector . Page 2 ZE- 116 -76 - This area is covered by adequate mains and hydrants. ZE- 122 -76 0 Mains and hydrants need to be installed in this area. ZE- 124 -76 - This area is covered by adequate mains and hydrants. I ~PE-1058 -76 PUDE- 1-76 - There are existing mains in this area but hydrants wi11 be needed. S' er , A1 Cook Lt. of Inspectors AC : cy • , RECEIVIE0 Nov 8= .3rvrwvc ..Wu~'40 t'Lmw , - <<\ SPOKANE COUNTY PLANNING COMMiSSION N. 81 1 .IEFFERSON SPOKANE, WASHlN6TON 99201 r ~ 1? ~ William O, johns n North 590Lidgerw od 1Vo. 24 Spokane, WA 9 207 ~ TO SENOEF . . zi y ~ ~ I ~ • A . ~ . ~ OfFICE Of TNE SPOKANE COUIVTY PLANNING DEPARTMENT Date Id- To ~ From Subjec4e-"a-t~w~Jm 2I S~,1bniu terv AwC~ PLAWIUeD aN1T ~ aiFN 4 Q3F - I05 9 - 7G OOUAF - i 7 6, PLM4SP. RE V #r%W qr~ QEWorv-0 No~ c,.~nr3~2 12 1 g 7G - ~ a • .71. ~ w t ~ ~z rr ~lc k . 61a ~r • 5 ~ J F ~p r r , s • ~»yno h~'o«.. ~ s~» c s u,6~'rc~ ~a~~! i 0-~~ . , S er a 1 ` AGE'iVDA, NOVEMBE2 12, 1976 Z'E.LLFPHONE NO o: 456-2274 SPOKANE COLTiVTY PLANNING COiMMISSION Time : Friday, November 12, 1976, 9: 30 A.M. Place: Conference Room A, County Court House Annex (Use Ma11on Avenue entrance) PRELIMTiVARY SUBDIVISION AND P'LANNED UNIT DEVELOPMENT 1. PE-1058-76, Riegel Heights Addition #2 PUDE- 1-76, Planned Unit Development for Riegel Heights Addition #2 a. Location: Section 23, ToVrnship 25 N., Range 43, E.W.M. Beginning at the SE corner of the SW 1/4 of the SE 1/4; thence N 0028108"W along the east line of said SW 1/4, 30 feet.; thence N 89o48T33"W 280 feet to the true point of beginning; thence continuing _ N 89o48133"w 304.10 feet; thence on a curve concave to the left, having a central angle of 18°0815611, a radius of 603 feet, for a distance of 191 feet _ to the south line of said SW 1/4; thence N 89o48' 33"W along the sou'th line of said SW 1/4, 46.36 feet; thence N 0023'09"W 30 feet; thence N$9~48'33«w _ 170.82 feet; thence N 0011128"E 150.09 feet; thence S 89o48133"E 200 feet; ' thence N 0011128"E 716.61 feet; thence East 429.90 feet; thence S 0026108"E 531.51 feet; thence N 89033'52"E 133•59 feet; thence S 57o41'10"W 71.20 feet; thence S 0009126"W 299.85 feet to the true point of beginning. b. Sponsor: Robert D. Riegel South 911 Houk, Spokane, WasY}ington 99216 c. Land Surveyor: Ralph E. Flagan 10606 College Circle, Spokane, Washington 99218 d. Site Size: 10 acres e. Number of Lots: 11 lots _ f. LqLn.d use proposed by sponsor: Single family residences g. Existing Zoning: Agricultural, established April 11, 1959 h. Propbsed Zoning: No change. The property will be developed in accordance with the provisions of a Planned Unit Development, Chapter 4.20 of the Zoning Ordinance. i. lrlater Source: Washington Water Power Company j. School District: Spokane School District No. 81 J Q ? Z d = 12Th AvE 12TYt ~ . 41 '4~'- ~ ~ j t 3 r ~i c~ . IQ.TH NOR I N I ~ Jr•.. ~ Q ~ r • a~ Z J LL. 4D i ~ I I 1~TH Ef z 1-5 ~ SCALP ~ G r k x ; ~ A.~, E, " , > -1 DflO Q. s tJ Z . ~ J R*~ QROs.p . Q t s 0 ~ `O CC - s" N 8 . c•~ J- ~ , AGENDA, NOVEMBER 12, 1976 TELEPHONE NO.: 456-2274 SPOKANE COUNTY PLANNIIVG COMMISSION Time Friday, November 12, 1976, 9:30 A.M. Place: Conference Room A, County Court House Annex (Use Ma11on Avenue entrance) PREI,ININARY SUBDIVISION AND PLANNED UNIT DEVELOPMENT • 1. PE-1058-76, Riegel Heights Addition #2 P'tTDE- 1-76, Planned Unit Development for Riegel Heights Addition #2 a. Location: Section 23, Township 25 N., Range 43, E.W.Mo Beginning at the SE corner of the SW 1/4 of the SE 1/4; thence N 00 28' 08"W along the east line of said SW 1/4, 30 feet.; thence N 89o48'33"W 280 feet to the true point vf beginning; thence continuing N 89o48133"w 304.10 feet; thence on a curve concave to the left, having a central angle of 18o08156", a radius of 603 feet, for a distance of 191 feet ' to the south line of said SW 1/4; thence N 89o48'33"W along the sou"th line of said SW 1/4, 46.36 feet; thence N 0023'09"W 30 feet; thence N 89i48!33"W . 170.82 feet; thence N 0o1112811E 150.09 feet; thence S 8901+8133"E 200 feet; ' thence N 0011128"E 716.61 feet; thence East 429.90 feet; thence S 0026108"E , 531•51 feet; thence N 89'033152'IE 133.59 feet; thence S 57041'10"W 71020 feet; thence S 0009' 26"w 299 •85 feet to the true point of begiruLing. b. Sponsor: Robert D. Riegel South 911 Houk, Spokane, Washington 99216 c. Land Surveyor: Ralph E. Flagan 10606 College Circle, Spokane, Washington 99218 d. Site Size: 10 acres e. Number of Lots: 11 lots . f. LqLnd use proposed by sponsor: Single family residences g. Existing Zoning: Agricultural, established Apri1 11, 1959 h. Propbsed Zoning: No change. The property will be developed in accordance with the provisions of a Planned Unit Development, Chapter 4.20 of the Zoning Ordinance. i. Water Source: Washington Water Power Company j. S chool District: Spokane School District No. 81 . > ~ t Z S Q _ . = 12TK AvE 12Tti ~ 91 ~ 44, t ~ 41 13 N ~ . W M = ~i ~.T M -o ~ NOR-FH ~ ' '"!`T 14 TI-r Z ~ ..1 J O - 15TH er Z ~sr~ I ~ SCAL " ! DDO ~ cl- (G = a 1 ~ ~ "V Q fjl.~ PR~S R . Q Z . 3 ` ~ . o 7 C'a z '3 • _ ~ ~ m w 1 Q'~ SA ~ ~ ` Q N O r- 'r ♦ PE-1058-76 and PUDE-1-76 In the matter of a heaxing on the application of Robert D. Riegel, South 911 Houk Road, Spokane, Washington, to file a plat and Planned Unit Development to be known as Riegel Heights Addition #2. The Property being platted and developed is described as that portion of the SW 1/4 of the SE 1/4 of Section 23, Township 25 N., Range 43, E.W. M. more particularly described as follows: Beginning at the SE corner of the SW 1/4 of the SE 1/3,; thence N 0028108"W along theEast line of said SW 1/4, 30 feet; thence N 89o48133" W parallel with the South line of the Sw 1/4, 280 feet to the true point of beginning; thence continuing N 89048133"w 304.10 feet; thence on a curve concave to left, having a central angle of 18o08156", a radius of 603 feet for a distance of 191 feet to the South line of the SW 1/4; thence N 89o48'33"W along South line of said SW 1/4, 46.36 feet; thence N{p 23'09"W parallel with West line of SW 1/4, 30 feet; thence N 89o4813311W, 170.82 feet; thence N 0011128"E, 150.09 feet; thence S 89o48'33"E, 200 feet; thence N 0011' 28"E, 716.61 feet; thence E 429.90 feet; thence S 0o26' 08"E, 531 .51 feet; thence N$9033' 52"E, 133.59 feet; thenceAFFIDAVIT OF POSTING S 57o41 ' 10"W, 71.20 feet; thence S 0,009126"w 299•85 feet to the true point of beginning. STATE OF WASHINGTON ) (North of 16th Avenue, approximately 300 feet east of ) SSo Carnahan Road) COUNTY OF SPOKANE ) ~w F~k-- , Being first duly sworn, depose8 and says: That at all times mentioned herein he was, and now is, a citizen of The United States, a resident of Spokane County, Washington, and over the age of twenty-one yearso That on 10 - ZZ , 197 L, he personally posted three (3) true and correct copies of the hereto attached NOTICE OF PUBLIC HEARING at the following places in Spokane County, to-wit: 1 0 ~1. S~► ~ CoT~ lal v~ - ~ F T 1..1 ~ a T.~ fQ v~-- z o_F f' - 5bo F-r w s.-A S~ - n~ ~,1,," v.~ - 3e T P NS~• I VT ~ Avr- W Coao~ ~ Subscribed and sworn to me ~ 19 NOTARY PUBLIC IN AND FOR SPOKANE COUNTY, WASHIIVGTON Residing at Spokane, 1rJashington F ~ That portion of SW 1/4 of SE 11r f Section 23, Township 25 N., Range 43, E.'vV. M. DAF: Beg. at SE corn.'of SW 1/4 of SE 1/4; th NO° 2 8' 08 "W alg the E ln of sd SW 1/4 30.0 ft; th N89048'33" W parallel with S ln of SW 1/4 280. 00 ft to true POB; th continuing N89 ° 48 33 "W 304 .10 ft; th on a curve concave to left, having a central angle of 180 08' S6" , a radius of 603 . 00 ft, for a distance of 191 . 00 ft to 5 ln of SW 1/4; th N890 48' 33 "W alg S ln of sd SW 1/4 46.36; th N8023'09" W parallel with W ln of SW 1/4 30.00 ft; th ]N'89048'33" W 170.82 ft; th N0011'28" E 150.09 ft; th S89048'33"E 200.00 ft; th NO° 11' 2 8" E 716. 61 ft; th E 429 .90 ft; th SO° 2 6' 08" E 531 .51 ft; th N 89033' S2" E 133.59 ffi; th S 57041' 10" W 71.20 ft; th S 0009'26" W 299 . 85 ft fio true POB. Spokane County, WAshington , , - AF'PLiCATIOIV FOR SPOKANE COLFNTY PLANNING COMNIISSION ZpNING• HEARING Court House, Spokane, Iviashington • ' Date: October 5, 1976 APpiicaLion No.; ~ PTJL)E-1-76 idame of Applicant: Rohert D. RicMl . . . - ~ _ Street Address; S. 911 Hottk Rd. City; Spokane State: _ Wash. - Telephone IVa.: 928-3528 s E.,usting Zoning Classification: AGRICTJLTTJRAL . , Date Existing Zane Classifi,catian Established: _ Proposed Zone Classifxcation; _ PrUposed Use vf Property, Sinale Familv RPgir~n~ ,,,c:P - Legal Description Df Property: . Sft~ Lld'fze: 10 Acres Sectian: 2-3 Tc,wnship: 25 Narth Range: 43 L-ast W.M., , Street Address of Property: 5300 B1ock, East 16th Ave. VVh0 1HDldS Tftle t0 the PrDpE:I'ty, RobCrt Ilee R1egel Yf you da not hald title ta the property affected by this application, what is your interest iYl 1~ ~ rurnish a letter from a Title Tnsurance Cornpany{ showing the property owners of record, their address, withfn 4;00 feet of t~e wcterinr baundaries of subject property. ALL OF THE FOLLOINING QUES'FIONS iMUST BE ANSWERED; ~ 1. 'w`vhat are the changed condftions which are al],eged to warrant other rr additional zoning f Ad joining area zoned singlm fa.mil,y rcsidences. . ~ 2. Uvhat facts justify the proposed zone reclassification based on the advancemenz of the public health, safety, and general welfare : Public health, safety and tifelfare are advanced by upgrading the property. . , , . 3. vvhat effect will the proposed zone reclassification have on the value and ° character of adjacent property : It trill upgrade the adjoining propert,y 3. Can a reasonable return from or reasonable use of the property in questfon be secured under the existing Lone classification : No. A plot plan or sketch rnust be attached containing the following informatfon; (a) Scale of the drawing. - (b) ATorth point. (c) All dimensions of property, existing buiidings, and proposed buildings, , (d) Location of ail existing and proposed buildings, or additions, with dimensions to the nearest property line. (e) Off-street parking area. (f) Defined points of access and egress. (g) Date of the drawing. THE NECESSARY FEE MUST ACCOMPANY THIS APPLICATION. `the recommendation of the Planning Commission in this matter will be presented to the Board of County Commissfoners for final action. Any person desiring to contest the recommendation of the Planning Commission must request, in writing, a hearing before the Board of County Commissioners no later than ten (10) aysollowing the date of the public hearing held by the Planning Commission. / P i ' ~ ~ ~ t ~ ((~/g ned) v J ► E X H I B I T A Page 2 PRELIMINARY PLAT APPLICATION FORM (Continued) ACKNOWLEDGMENTS •ooaooooo00000000000000000000000000oooooaaooooooaaooooooooooaoooo PROPOSED PLAT NME : -I 6wrS I, the undersigned, have completed the information requested, and the Preliminary Plat has been prepared by me under my supervision in accordance with the requirements of the Spokane County Planning Department and the laws of the State of Washington. : ~ia~.~~~ (Signed) Date: (Address) Phone : ~GC ~ $11 , a : tiio ~ - zj Zip: ~ I 7580 ~40f Ysj'~ S:T~ 4.~-`~ SFAL : please print 4- , the sponsor of this proposed subdivision, am the (owner C X); builder ( agent-(_ option holder ( contract holder ( of the property proposed to be plat~ted and~have completed the information requested of ine and do hereby testify that it is corre't acc e. , (Signed) Date: (Address) Phone: ~ .Z ~ , . ~ j► ~ ~ ~ r= Zip . . NOTARY l!.GU Date : _ NOTARY 5EAL: Special Comments: ■oaoooooooaooaooooo■ THIS PART TO BE COMPLETED BY P'LANNING DEPARTMIIVT •C00001313000000000001 PLANNING DEPARTMENT INFORMATION Date Submitted: Checked by: School District: Preliminary Plat Fee: Existing Zoning: Date established: . Zone Change File No.: Advertised Zone Upgrading: Number of Lots: Location: Section Township Range Plat File No.: Plat Name: E 4 ~ E X H I B I T A PRMIMINARY PLAT APPLICATTON FORM AREA AND DISTANCE ■OOOOOOOOOOOOOOODODOODOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOODO00000000 Total a,nount of land in this Subdivision: Acres Proposed density of the Plat: ,[0 -rs to 0 /V~' k IE 1~5 Lots/Gross Acre '.C'otal amount, of adjoining land controlled by this owner or sponsor: Acres Proposed use of controlled adjoining land: p 0 4~~~~. ~ What is the driving distance in miles to the nearest fire station? 1L F_ S Shopping facilities? D,~~1Lr1S Munici al Boundar p y: Paved street or highway? c3 a kzol N'~ a dv C~l • LAND USE ■0OD0oooooooOOOOOOOOOOOOOOOOOOOOOOOQoooaOOOODO0o0oOOO0ooOOOO00o0000OOo Indlcate the proposed land use of the plat: Ssngle Family Dwellings Duplexes ( Indicate lots for duplexes: Multa.-family dwelling units ( Indicate which lots: Mobile Homes ( Other ( Describe other uses: Descrlbe any non-resldential use proposed in the Plat : 001 G~R P e,', \Als LD A R R M. What is the present use of the property proposed to be platted? List type of uses: Cultivated land: acres. Pasture: acres. Timber: acres. Vacant: acres. Other: Acres I s keeping of animals desired? No (/K). Yes ( Type: IMPROVEMENTS 0OO00D0OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOODO00000000000000000000 Do you plan to file the Plat in its entirety as proposed, or will it be a multi-phase dev- el opment? To what level of improvement will streets be constructed? Gravel (X Minimumo C u.rb an(i Gravel ( Curb and Paved ( Describe any combinations of above: What is the time period expected for complete development of the Plat: Street --_mprovements completed? Iret~, Substantial number of lots occupied? ~ Is dedi,;ation of any land for public use contempleted? (Parks, schools, etc.) No. ( X ) . Yes ( ) . Describe : Indicate the size of units,proposed to be constructed: Square feet Number of bedrooms 3 C~ ~ . Wi11 buildings be built on the lots before they are sold: No Yes ( Wi11 any special deed restrlctions be included in the sale of lots? No ( Yes ( X). If "yes", explain: o e e '?yv .0 2 / ` p V ~~,I ~R 7z' c- , n~) UTILITIES ■oooooooaaaooooo000000000oooooaooooo0000000oooooaooooooo00ooaooaooooa Indicate the proposed method of sewage disposal: Septic tank (,X Lagoon ( Treatment plant ( ) . Other, or combinations (Describe ) w 0 C~ ~ o `R% Lw Indicate the proposed source of water supply: Individual wells ( Public system Private community system ( Indicate method of extending service to the lots (Dwellings): Underground utility easements (X Overhead utility easements ( Utilities in streets ( No easements ( Indicate the distance from this proposal to the nearest existing water main: 410 feet. Indicate size of nearest main: q Inches. List utility companies or districts expected to provide service to this Plat: Electricity: Gas: '_,O %-~wl V Water: u►-1 • ~ c Phone: ~ - k r iVest 808 Spn•agice Avenue .C'poh niae, Waslarngtnn 99201 M7==_ .,~1"114, A Servzr.e uf (509) 838-3685 Transantei•zcct Corporatzoi Tpansamepica Title lnsupance Do CERTIFICATE TO PLAT , Order No. 77583-M ° Certificate for Filing Proposed - Plat of RIEGEL HEIGHTS ADDITION County Planning Commission N. 811 Jefferson Spokane, Washington , Gentlemen: In the matter of the plat submitted for your approval, this Company has examined the records of the County Auditor and County Clerk of Spokane C,ounty, Washirlgton, and the records of the Clerk of the United States Courts holding terms in said County, and from such examination hereby certifies that the title to the following described land situate in Spokane County, to-wit: The Southwest quarter of the Southeast quarter of Section 23, Township 25 North, Range 43 E. W. M.; EXCEPT County Roads; AND EXCEPT that portion thereof described as follows: Beginning at the Southeast corner of said Southwest quarter of the Southeast quarter; thence North along the East line thereof, 271.33 feet to the true point of beginning; thence West 30 feet; thence r North 61°30'16" West 207.86 feet; °thence West 137.32 feet; thence North 540.83 feet; thence East 350 feet to the East line of said Southwest quarter of the Southeast quarter; thence South along said East line 640 feet to the true point of beginning; AND EXCEPT that portion thereof described as follows: Beginning at a point 30 feet tiJest 145 feet North of the Southeast corner of the Southwest quarter of said Southeast quarter; thence North 73°13'27" West 259.86 feet; thence North 110 feet; thence North 57°31^'44" East 65.192 feet; thence South 61°43'36" East 218.7 feet to a point 30 feet West of the East line; thence South 0°35'34" East 110.42 feet to the point of beginning; (continued) ~ - _ Page 2 Order No. 77583-M AND ALSO EXCEPT that portion thereof described as follows: Beginning at the Southeast corner_ of said Southwest quarter of the Southeast quarter; thence North 0°26'08" West along the East line- of the Southwest quarter 30.00 feet, to the North line of 16th Avenue; thence North 89°48'33" West along the North line of 16th Avenue 30.00 feet to the West line of Stanley Road and the true point af beginning of this description; thence North 0°26'08" West along the West line of Stanley Road 115.00 feet; thence North 73°04'01" West 129.93 feet; thence South 0°03'S1" Ea'st 152.42 feet to the North line of 16th Avenue; thence South 89°48'33" East 125.00 feet to the true point of beginning of this description; Situate in the County of Spokane, State of Washin gton. , VESTEES: ROBERT DEE RIEGEL, as his sep arate estate. EXCEPTIONS: l. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: Grantee: The Washington Water Power Company, a corporation Purpose: Electrical transmission line and telephone a system, with right to place 6 poles and-right of overhang approximately 30 feet North of the South line of said Southwest quarter of the Southeast quarter, together with right to remove brush and trees Dated: March 31, 1955 Recorded: April 22, 1955 Recording No.: 312318B. 2. Right to make necessary slopes for cuts or fills upon property herein described as granted to Spokane County by deed recorded under Recording No. 438660C. 3. General taxes -for the last half of 1976 in the amount of $143.64, including Weed District Tax (Parcel No. 23534-9123). Records examined to August 24, 1976, at 8:00 A. M. TRANSAMERIC,A TI SURA CO cc_ Don Howell cc: Ralph Flagan, Surveyor B y : so''y 1?ce," - Michael 0'H r ~ nrn • 0 ~ ry 2 ~ , ~ ~ r'-'r-- - ~ ~ .33J - 3.~~LL77 ' --f.~(►'__- _310-_:._~ /ATSl ~S r 1 ~j/ NA< <1,;S ~ ~ ; : ~ ~ , j+~4~f+'~'~+"7TI ~ ~ I ? !1,- N1~ ~ . , ! ~ 6 E ATH E a ' ~ _ ~ ~ , • y Bt3 P~~ ~IK A DD /of~~~' 1 (1 , ~ ~o z g t ti / c~~~ r . k 0- ~ , aook pAck J)_ Y;.'1 ~ • ( ~ M '~t • , r~ . . i ~ . ~ ~ ~ _ . ~ _ ° _ ~ _ _ . _ - - - - - - . f._~ _ _ . ~S/7![•~ ~~_.~.~I ~A~[ ~ ~ 5.1.. i ' C ~ ` \t . ~ • ~ ~ \ -S 1 , y ♦ , v i ~ , ~ ~ ~ a e~ = ,os ~-J- . ~ ~ _ - ~ , ~ /1t~ 1• + ~~Jc~~'l ~ ~ , (9 .275 ,~I~ ~YI~"~d li~lir r!lr8lu~il~ fiVld~ ~e~iJ tz1..►!~ _~ist[ ~'•tr1i:~r~'~-- ' • • ~i t . ~ ~ l 16001y J~~ e4 U ~ IL~At I S- ~~l ~ ~ lRAMSAMLnICA TITLE INSURArsCE COMPAiIY ~ • w 8,08 sPRncuE AvErluE: ' / 1~~ ' • sQaKnrIE, wAsi riwcTOrv = ~t)zo1 .7 i ( , N ^ W , E - - - ~ Cc S r .j rhis pnnt is made solely fnr the PL'roose of as:isting - in loca1►nF saul prr,~Ei% F; iird thC r.0►npanV iS•,umi:s no liabilitv for Mriat,nns, it tiny, in cUm,,nsions and ' FI Scenamnd by .ictual survey. X ~~~~SAMt_ CoMpANY µ W 803 SPT'.{GkIE AV'LNl1E ' • . , r SPC]KAhlE, WASHlNGI'ON 99201 ~ i ~ I a ~ I iF E i Ir b ~ 5 a~ ~ Th!s Rtlrlt ac rnMPL solely far 14e purpose of assIstIrrg I ' Ifi InaalEng 5;31[1 prim1w5 aAd tje7,arr}pany aSSkimes qv 'I Ii'MiRity tor vniatinns if -any, in dirnensivns and r! Toratjrrn ascertailted by acCiuar survey. ~ r + S i d ~M 'V V~ .~{f 11A~f i$(~~ 5 F ~ 17 r 1 0 ~ J ~~Y an aY R~ F~ nr?M r!4 f i ; '.4 y.w~~y ~ r ~ 0I, ` ~ Y7• ' ~ ~ ~ ~ ~i r " Aft~ ~r ~ fJ ~r 134 ~ { f ~ ~ y p r r . ' ~ 4V L ' r! VJ T'An7 Y4+n. 'ePn• P o I ~ ~ t ~ h akII I kti • e rti , . " ' ~ . ~ ; 1~ ~ `-x x ~ } { LL f d ~ ' ~ , ~~~~~~~~t . ~ '~T4 12 ~ ~ ~i~.r { 1`~ Tj "'~w' ~'q!t rJ 1 p t ai ~ Y-~r. a .,r.--t.. t.~~ - - _ ~ - ~ ~ # .~_.r~ , -7~ ~ ~ C~ • r ~ t ~ EhPLAINATORY TEXT OF THE RIEGEL HEIGHTS DEVE-LOP2ENT . UNDER. THE PLANNED tJNIIT DEVELOPMENT Z013ING REQUIREP•IENTS. The general purpose of the above develonmFnt is to adapt the hest usc of the area in regard to topography aDd location and local requirements of water and sewerage disposal ' and individual home location. Respon9ibility of upkeep is to be accomplished under a legaV devised homeowners association with rules and restrictions and priveleges that follow the _ title of the land and are binding to the purchasers of the lots,, their heirs and assignees. The Homeowners Association shall be a legaly binding document the same or similar as used widely throughout the United States. It willrequire regular intervals of septic tank cleaning and maintainance as well as resvonsibility of the drainfield and effluent caxrier 1.ine. The submitted development map designates right-of-ways and other areas including dimensions and locations and topography. The cotrlmon areas shall be located with right-of-ways and req-- uired easements. The common axeas are restricted to their stated purposes . The common areas are lot number 12 and the boundaries of the single street. The development requires no opening or tti=idening of public streets or alleys and has no public throughfares. The area?submitted for P.U.D. zoning with rules as set out in "Initiation of Planned Unit Dcvelonment" regulations, chapter 4.20.060 through 4.20.90 inclusive, have becn compTied ifith. The planned unit development concept with it's associated members give scope to purchasers to regulate the area to it's best needs while at the same time relieves the county of upkeep and certain responsibilities. Riegel Nei e elopm t , ` ~ ' `r•~ ~ --5POKANE COUNTY HEALTH DISTRICT Inter-Offi ce Communi cation Date: October 14, 1976 T0: Spokane Countv Planninq Commission FROM: Euqene C. Prather, R.S. ~ 0 SUBJECT: Proposed preliminary plat - RIEGAL HEIGHTS PLANNED UNIT DEVELOPMENT 1. Reference: map of subject, scale 1" = 50_by Flagan, unsigned and undated marked "revised" and "received" on 10-12-76 by D. Kroll of this office. 2. a. Each of lots 1 through 12 of subject shall have their own in- dividual sewage treatment facility and side-sewer each of which ~ shall be connected to a community waste water (effluent only) collection piping and disposal system. Al1 portions of the in- dividual and community systems shall be acceptable at the time of installation to the Health Officer and shall be maintained in a manner acceptable to the Health Officer. b. Prior to filing the final plat, the developer shall provide ev- idence to the Health Officer that the provisions of paragraph 2a above'will be achieved. As a minimum this will include: Q40 ~ (l.) A copy of the recorded easement in favor of the P.U.D. of a land corridor at least 10 feet wide for the entire length of the community owned collection and disposal area. ~ io(2.) The disposal area must be fenced to prevent unauthorized ~ uses. (30) A copy of the instrument creating the P.U.D. (4.) Our approval of the plans and specifications for the effluent collection and disposal system as prepared by a professional engineer. (5.) Our approval of the operations and maintenance procedures pertinent to the effluent collector lines and disposal system. (6.) Terms of plat dedication requiring the lot owners to join, subcribe to and financially support the legal instrument , charged with maintaining and operating the effluent collector lines and disposal system. 3. Washington Water Power Company had indicated it would provide domestic water service to each lot in Riegal Heights Addition. Since the Riegal Heights P.U.D. is comprised of most of the originally proposed Addition, we presume this arrangement is still valid. However, prior to filing of the final plat, we will require a letter from Washington Water Power Company to confirm our assumption. cc; Robert D. Riegel S. 911 Nouk Spokane, Washington SCHD-ADM-118 p A 4- k- r DA`1L October 5, 1976 PUDE-1-76 Spokane Cowzty Planniily Comrr:issioii County (-Dourt house Spokaize, vd as hitiyton 9;; 2 O 1 Gentlemen. . vdc, tize uizdersigized property owizers, request tiie Spokane Cour►ty Planning Commis,sion (to co,zsider a zoning plan) or (to consider chanying tne ~oning map) from ACRICULTURAL ta SINGLE FAIVIILY RESIDENTIAL (R-1) on the fO110WiT1L, described property: SEE ATTACHED Tv A1\4 E l-D.vRESS LEGAL DESCRIPTION OF PROPE RTY _ 01112 cf- 4- ~ i. , 2. J . 4. 6 (I1dD POGD W i_ 7, ~ r . , . ~ ~ ~ 11, IG. 13. 1~~. 15, 15 1 ~ , i ~ a . ~ . , ; 7,0 aLiz, ZZ , : a ~ D ~s 10 , G• ~ ~ _ v { 1 ~ ~ . ~ s i i i ~ i . . • ~ i ' 1 t t t ~j ~ ~ n 1 ~ ! b ~ t T ~ 1 - ~ 1 }s ; ~ ly DAO Spokane Cour~ty Plaiinziig Cotnmissioa C;oun~y x0ou~t House Spokane, wasnington Gentlemei-i: )/Vc f the unc]ersigned proper-ty o;nrners, request the Spakane County Plai-ining C:ommissioiz (to coa;ider a zoning plati) or (to c0ns3,d2x Cl1$n-glY1g t}7e ,.oning rnap) from It- o 3ito on the followliif- de scribed property: ~vw',~~>~ N Alvi.E LEGAL DE5~~IPTI~~ OF PROPERTY I ~ ~ R ~ , . . , . , 6, 7. 9. - 12. 13. . 14. , 16 ~ ~ ~ Y~u ~re i~~ereby r~~tifi~d, th~t or~ ~t th~ h~u~ +D~ l ~c~id ~~ay in ~~n~~ren~~ R~om A, ~Vllal~~n Av~nue ~~n- ~t'~C1~1C~,, ~p~k~ne ~~vunt~ ~C~urt Hou~~ Ann~X~ ~i~t~~C+a~~y W~~hington, Th~e ~~~1~~4NE ~C~UNT~' ~L~A~~I~N~G ~C~M~VI~~ ~~~I~ v~vil~ ~c~nd~+~f ~ p~u~l~~ ~~arir~~ t~ ~a.r~,~~,~~.~~~~~~~~~~~ ~~~ar~~~~s~~+~~. ~~~a~~~ ~~~r. ~~~w~r~~~~~~r~~~~r ~ ~r rr~ ~ ~aaw~ ~ ~ . ~ ~~~~~~r~+~~~~ ~~r~e~ ~ e. ~ ~~a~~n , ~ ~ ~ ~~"w f~ ~ ~ t~ia~ ~r ~ ~ ~ ~rt ~ ~ ~r 1~ I~~tt~ ~ a+r~+~► ~ ~i' 1+~~"~ +r ~~ss e~ ~ l~at4 ~ ~ ~r~► vt '~~I 1~1 ~t~r ~ ~~r ~ '~s 1~ ~ ~M+~'3,~~ ~ • I ; 1 t+~ ~ ~ ~ t~11 1'~►~ ~ ~ 1 ~ ~ ~ ~ !I +~r~'1 ~ ~d~ "~,~3.9' ~p~ i ~',~►~!'1i~1 ~'1.~ t~; ~ A Q~~'~''Y 1q9.$~ ~ ~ 1~i ~Mo~~ ~e~ 1~ ~~i ~ ~p ~~t~ FI~RTHE~ DE~`A~L~ co~t~ct t~i~ ~p~~arrr~ ~~a~n~y ~~a~r~in~ ~~r~rr~~~~ion, P~~li~ Wvrks ~u~l~dir~g, I~. 811 J~ffer- ~~n ~~r~et, ~p~a~~n~, Washi~~t~n~ ~ ~ Dir~c#or of Plan~ning ~~okan~ Coun#y P~an~ing Cammissior~ FORM 9+66 PLW~. ~OMM, 3~~9  I . YY#Iifl 7m?, Yd 1 17 APPLICATION P'ROCESS: Apl :cation . . . . . . . . . . . . . Pa,ynt._t and Receipt . . . . . . . . . ~ Legal I7eseript. i or: . . . . . . . . . . . Five (5) Plat Maps . . . . . • • • • , Two (2) Parcel Maps . . . • • • • - • . Assessor' s Map . • • • • • - • • • • ~ Health District - Memo • . - . • • • , Water District - Letter . . . . . . . County Utility Department . . . . . . Environmental. Checklist . . . . . . . , REVIEW PkOCESS : Deliver Preliminar;r Plats To: Engineers . . . . . . . . . . . . . . . . . . Utilities . . . . . . . . . . . . . . . . . . Health District . . . . . . . . . . . . . . . IncorForated Cities, with deadline letter State Highway, with deadline letter Check Legal Description . . . . . . . Zoning Determination . . . . . . . . , Ordinance Compliance . . . . . . . . , Old Plan Review . . . . . . . . . . . Road Alignment & Stub Street . . . . Ownerships . . . . . . . . . . . . . , Slope . . . . . . . . . . . . . . . , ~ Lot Sizes . . . . . . . . . . . . . , Existing La.nd IIse Plan . . • • • • • , Check Comprehensive Plan . . . . . . Drainage . . . . . . . . . . . . . . Engineers' Memo . . . . . . . . . . . Fire District Memo . . . . . . . . . Recommendatians . . . . . . . . . . Environmental Checklist Review . . . Threshold Determination . . . . . . . Agenda Maps . . . . . . . . . . . . . , Proof Read Agenda Page . . . . . . . Post Notice o£ Public Hearing , SP`ECIAL RFiQfUIRIIMENTS : . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . FIIVDINGS PLANIVED UNIT DEVELOPNEN'1' (Final) PU DE -1- 76 - RIEGEL HErGH'1'S ADDI l'I0N i10 . 2: RIEGEL 1. SUMMARY: Nove mber 12, 1976 the Spokane County Pl anning C ommi ssi )n approved tha Preliminary Planned Unit Development for 11,iegel Hc:ights A.idition No. 2, and required the applicant to submit a final development p13n of the proposed project to the Commission within one (1) yaar, 'I`he appl i-cant' original reque st was for an eleven (11) lot sing !e, family residential subdivision, PE-1058-76, wrth private streets, sa-urity fencing and security gates. The only legal mo-ans by which the aubdix ision could be established with private stri~ets was to incorporate the subd. visi on request with a Planned Unit Development proposal. Tha applicant's proposal is compatible with adjacent and surroun(.'ing land uses; is consistent with the Spokane I:egional Comprehensive Pla,i and the ~ development policfes of tha Comprehensive Plan and the purpose oi Chapter 4.20 Planned Unit Developmc;nt; has or can provide adequate provisl ons for circulation, sewage dlsposal, water and tire protection. iI. IVIIN'U1ES OF NOVETVIBER 12, 1976 ~ PLAVIVED UNIi' DEVELOPMENl' (Prelimi:lary) PUDE-1-76 - PLANIVED UNII' DEVELOPNiENl' FOR REIGEL HEIGHI'S aDDI'1'IOIV NO. 2 Planning Commission Recommendation for Preliminary Planned Uni t Developmant: Atpprove PUDE-1-76. Planned Unit D.:veloument for itiect a1 HeiQhts Addition No. 21 subject to the followincr conditions: (Votc; vvas unani;nous.) , C . CONDITIONS: I. lhe adverrised property shall be developed rn substantial conformance with th2 praliminary development plan. 20 The applicant shall within onV (1) year of the date of the preliminary approval submit a finai development plan of the proposc:d development for approval by the Planning CominisGion. 3. Provisions for tha control and prEServafion of future private rights-of- vvay shall be made prior to tlia finalization of PUDE-1-76, and shall meet the approval of the Spokane County Zoning Administrator. -10- , f. PLANNED UNIT DEVELOPN'EAI'T: RIEGEL HEIGHTS NC, 21 (Continued) D. REASONS: 1. The staff is ot' the optnlon that PUDE-1-76 and PE-1058-76 comply wtth the development poltcies of the Comprehensive Plan, the Staff notes that the Planned Untt Development concept allows areas to be devetoped to single famliy den31ty requtrements with minimal impact and disturbance of natural terratn and adjotning single famtly restden- ttal development. 2. The project satlsfies the purposes of the Planned Unlt Development Sectton of the Zoning Ordlnance. A planned unlt deve.lopment has the following purposes. a. To permit flexibtllty tn destgn, placement of butldings, and use of open spaces, lncluding modificatlon in requfrements for _ 1ot frontage, butlding setbacks and design of circulatfon factllties to best use potentiai of sites charactertzed by special features of geography, topography, slze or shape. b. To encourage a more creattve approach in the development of tand that wlll result tn a more effictent, aesthettc, and desirable environment In harmony with that of the surrounding area, while at the same tlme maintaining substantially the same populatlon density permttted in the zone In whlch the project Is located. 3. The Staff notes tha t the denstty of the Planned Unit Development project Is considerably lower than the maxfmum denstty that the Agri- cultura l Zone would allow. 4. The Staff Es of the optnion that the preltminary plat and PUD plan In conjunctlon with the stipulated condittons for neighborhood traffic clrculation, public water supply inctuding fire hydrants, sewage dlsposal, amply ogen space, recreation areas and the design require- ments of Chapter 4.20 of the Spokane County Zoning Grdinance comply wlth the purpose and provlsions of the Planned Unlt Development Sectton of the Spokane County Zon►ng Crdlnance. E. STAFF ENVIRON1VrENTAL REVIEV : As requlred in NVAC 197-10-320, the Staff of the Spokane County Planning Department revlewed the environmental checklist submttted by Mr. Robert D. Rlegel for a prelfminary plat and PUD. The proposal ls located approxlmately in the SE 1/4 of SW 1/4 of SE 1/4 of Section 23, Township 25 N., Range 43, E.VLJ.N., adjacent and north of 16th Avenue approxlmately 500 feet east of Carnahan Road. The proponent Is requesting to subdtvide ten acres into eleven lots to be daveloped for single family dwellings untts, creating a gross denstty of 1.8 untts per acre . .-1;;' A 7 C . ~ PL.ANNED UNIT DEVELGPIvIENT: RIEGEL HEIGHTS NO. 2, (Contlnued) The site fs located on 10 to 20 percent sloping terratn wtth rock outcropping and sparse coniferous timber. The Staff review has identtfled three potential areas of environmental impacts. Ftrst, and common to all subdiviston, ts the fncrease of motor vehlcle traffic and a11 the effects assoclated therewtth. These would include such Impacts as lncreased air pollutlon, specificaily suspended partlculates from unimproved streets, increased noise, and increased public safe[y hazards from traffic. A second potential environmental Impact area considered was the tncreased demand on public servlces and utilittes. This would tnclude such factors as increased requtrements for poltce and itre protectton provtstons of addi- tional school, park and recreattonal facllttles, and addittonal malntenance requirernents on all county facilittes and roads. This would also include such impacts as associated wlth extenston of utfltty ltnes (power, natural gas, telephone) and the provision of sultable long term sewerage, domestlc water, storm water runoff, and solld waste disposal systems. A thlyd potenttal environmental Impact revealed by the Staff evaluation tn- volves the subsurface injection of sewage effiuent and storm water runoff. This waste water placed at a depth will percolate downward toward the Aquife rather than evaporating hack tnto the atmosphere as under natural conditions. A portton of the contamtnants wlll likely be filtered out of this waste water, but the resulting quality has not been determined yet. A total of approxima- tely two acre-feet sewage effluent wtll be dtsposed of annualiy. The conclusion of this envtronmental checkltst review is that no slgniflcant environmental lmpacts will ltkely result from the proposal tf the spectfied mltigating measures are adopted. Therefore, It Is recommended that a Declaratton of Non-Signiftcance be tssued and an evtronmental impact Statement not be requlred. -308- ~ . ~ FINDINGS PLANNED UNIT ~EV£LC7PMEN.i (Final) ' Pl1 DE""1"! 6 - R3EGEL 1ZL+l~~X~ ~~IXiOfV iNOr 2s R.k,EG~~ ~ . S l3 M 1V kACII. o November 12, 1976 the ~pokane County Planning G ommi ss i~ ia approved the PrelirninarY Flanned Unit Deve].opment for Rieg~l HeightS At 4iitian Na d2, and required the appllcant to subrnit a fznal devela~mient p1ti'-1 of the proposed proje-ct ta the Cvmmissian withi.n one (1) yaarq 'fhe ~~~lxant' original requ~~t was for an eleven (11) lot singlw famaly residential subdivisian, PE,1058-76~ with private streets, set,urbty fencing and security gatess T he only iegal me-ans by vvhich tho- subdzv tsian could be establis~ed with prxvate streets was to rncorporate the subdtVisi on request with a Planned LTnit Development proposaI. Ihe applicant's proposal is cvmpatibIe vvlth adjacent and suarrounCin.g land usesf is consistent with the bpokane Regi.onal Comprehenslve F1all and the development policies of tha Comprehensive Plan and the purpose at Chapter 4.20 Planned L3nit Deveiopment1 has or can prvtride adequate provisi ens for circulatian, sewage disposal, vvater and f:re pratection. . ~ 11. 111I~~U.-ILT5 DF 1'~OVEN[BER 12, 1976 PLANN~D UNLC DE1TELOPMENX Wre].irniaary)_ . PLTDE-1--76 - PLAIVNED UNIX DEVELOPMEN.C FOR RINGEL HEIGrHXS ADDITIUN NO. 2 Planning Commission Recommendation for Preliminary Planned Unit Development: A~),orove PUDE-1-76. Planned i7nit L)evelapment for ~~~a el Heicrhts Addition No, 2x subiect to tha foll~w i. ng,.condztions: (Votca, was unanim4us.) C . CpNDITIQNS: 1. 1te ar3verLIsed property shali be developed in substantial canfarmance with the pr,~,.Iiminary d~velopment plan. 28, ~.`'he applicant shall vvithin ont: (1) year af the date of the ptrliminary approval submit a final dutrelopment p1an af the propQsed development for appraval by tho, Planning Cor~i-nission. 3, Provkslons for the control and prus~_-r~ration of future pr4vate rfghts-of- way shall be made prior to the finalizatian of PUI7E-1-76, and shall meet the apgraval of the Spvkane County Zoning Administrator. - 10 - ~ 3 PLANNED UNIT DEVELOPNENT; RIEGEL HEIGYTS NO. 2, (Continued) D. REAS4NS: 1. The staff is of the optnton that PUDE-1-76 and Pl'-1058-76 comply wtth the development polictes of the Comprehensi ve Plan, the Staff notes that the Planned Unit Development concept 311ows areas to be developed to singte famlly den3tty requirements w Ith minlmal impact and disturbance of natural terrain and adjointng siagle famtly restden- tlal deveiopment. 2. The project satisfies the purposes of the Ptanned Unit Development Section of the Zoning Qrdinance. A planned untt deveicpment has the following purposes. a. To permit flexibillty In destgn, placemeni of bulldtngs, and use of open spaces, lncluding modification in requirements for tot frontage, bulldtng setbacks and design of circulatton fact!lties to best use potential of sites characterized by speclal features of geography, topography, sEze or shape, b. To encourage a more creatlve approach in the development of iand that will result !n a more efficient, aesthetic, and desirable environment in harmony with that of the surroundtng area, whfle at the same time maintalning substanttally the same popu[ation density permftted In the zone in whlch the project Is located. 3. The Staff notes that the denstty of the Planned Untt Development project ts constderably lower than the maximum density that the Agri- cultural Zone wouid allow. 4. The Staff ls of the oplnion that the preliminary plat and PUD plan ln conjunctton wtth the stlpulated condttions for nelghborhood traffic clrculation, publlc water suPply inctuding fire hydrants, sewage disposal, amply open space, recreation areas and the dssign require- ments of Chapter 4.20 of the Spokane County Zoning Grdlnance comply with the purpose and provislons of the Pianned Untt Development Section of the Spokane County Zoning Ordinance. E. STA FF ENVIRONNEIVTA L REVIEV : As requtred in WAC 197-10-320, the Staff of the Spokane County P1anning Department reviewed the envtconmental checklist submttted by Nlr. Robert D. Riegel for a preliminary plat and PUD. The proposal is tocated approximately in the SE I/4 of SW 1/4 of SE 1/4 of Section 23, Townshlp 25 N., Range 43, E.ti:'.M,, adjacent and north of I6th Avenue approximately 500 feet east of Carnahan Road. The proponent is requestinq to subdivide ten acres tnto eleven lots to be developed for singte fam[!y dwellfngs unlts, cceatinq a gross density of 1.8 units per acre . .-i A ` ~ 5- . PLANNED UNIT DEVELCPNkENT; RIEGEL HEIGHTS NO. 2 (Continued) The site Is located on IO to 20 percent sioping terraLn wtth i-ock outcropping and sparse conlferous ttmbar. The Staff review has identlfled three potential areas of environmental tmpacts. Ftrst, and common to all subdlvision, is the increase of motor vehlcle trafflc and atl the effects assoctated therewith. These would fnclude such impacts as tncreased a[r pollution, specifically suspended particulates from un[mproved streets, increased nofse, and increased public safety hazards from traffic. A second potential environmental impact area constdered was the fncreased demand on public servlces and uttltttes. This would lnclude such factors as tncreased requlrements for police and fire protectton provlsions of addl- tional school, park and recreattonal facittties, and addittonal malntenance requtrements on all county facilities and roads. This would also include such tmpacts as assoclated with extension of utility lines (power, natural gas, telephone) and the ptovislon of suttable long term sewerage, domesttc water, storm water runoff, and soltd waste disposal systems. A thlyd potenttal environmental impact revealed by the Staff evaluation fn- volves the subsurface injectton of sewage effluent and storm water runoff. Thf s waste water placed at a depth will percolate downward toward the Aqutfe rather than evaporating back tnto the atmosphere as under natural conditfons. A portion of the contaminants wlll llkely be ftltered out of this waste water, but the resulting quality has not been determined yet. A total of approxima- tely two acre-feet sewage efftuent will be disposed of annually. The concluston of this environmental checklist review is that no slgnlficant envlronmental tmpacts will likely resutt from the proposa! 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I~ s ~ ~ • ~ ~ ~ ~ ~ PO - t -7~ ~ 4X11r:~~ THRESHOLD DET£RIVIINATIOIV DEC LARATION Q F (prapo s ed/tinal) , 5Q4hA YC E'Ql1NEr C4¢f4i r45C S G~ (s ignificance f non significa nce) 1. Descrfptzon of ProposaL: POWT,~~~ WJ\°T, V-jk2S i LO[ 1 Cti ~0 0 1ri A~7 o+`~ ~ hrV-L.& 4."R.i P 9-a V Aa a 1;,044,0,3 2. PrQpCariEa7t: 3. Contact Ferson: 3. County Ackion(s) Reques ted: 4. Locatiata of Propasal.: 5 , Lead Agency: Go This proposal has been determined ta have a sic~nificant adverse impact on the environment. An ETS is nWT required under RCW 43 . 21 C.0 34 (2) (c) . This decision was rnade after review by the County of a comp3eted environmental check],isk and ather informatYOn on file with the lead agency. 6. Responsible Official. . lx~~ V\i Fosition/Title: (_HA 13~.', 4~ CClUA.! dy Deparkmen k: `Mal e: 7' jprotaosed ro5a ~Date: t Z"/ Z ~7~ (final) Signature: ' (final) -&£-PA-FfC- ~--Re er , T. SEPA PIC Refer. #:P3 (final) ~final~ Deparrmer~t Re#erence - (See Reverse 5i.de) 12 ~ r 7. ror Declarations of Significance Only: _ Date af P-xpected DrafE EIS Availabilfty (dekermzned by Responsihle County OtficiaT) ^ Date Entered in "EYS fn Preparatfon Register" (determaned by SEPA Fublic Infarmation Center) . 'I'a be completed by responsgble offfcial; a. Brief description and lxsting af those en,vironmental impacts leading to such declaration: b. Brief explanation of what measures, if any, could he taken to prevent or mitfgate the environmental impacts af the proposal to such an exte-nt that the responsible ++~,offacia3 cauld consi.der a revised praposal with a poss#ble resulting declaration of nonsignfficance: (prapnsed/final) 8. For Provosed Declaratiorr of I1Tonsignificance ~~ly: Date Entered "Proposed Declaration af 1Vorisignificance Regfsker" (determfned by SEPA Public Information Center) Date cornments ta be received (15 day review period) (determined by SEPA Public InformaCian Center) ° 9. SEPA Public Infonmatian Genter: (For departments of General Governrnent only) Appraved as ta form Disapproved as to form Reasons: Signature of SEFA PIC Offfcerc Date: ° 13 Transamerica 7ransamerica ~ 7itle Insurance Company Title InSUranCe ServiCes North 720 Argonne Road Spokane, Washington 99206 (509) 922-2222 CERTIFICATE TO PLAT ? Order No. 96790-M Certificate for Filing Proposed S;'OKA~~E COUN3~~ Plat of REPLAT OF RIEGEL HEIGHTS pLAN~±! , DF pA~?T.~!~Ea PLANNED UNIT DEVELOPMENT Spokane County Planning Commission N. 721 Jefferson Spokane, Washinryton Gentlemen: In the matter of the plat submitted for your approval, this Company has examined the records of the County Auditor and County Clerk of Spokane County, Washington, and the records of the Clerk of the United States Courts holding terms in said County, and from such examination hereby certifies that the title to the following described land situate in Spokane County, to-wit: All of RIEGEL I-iEIGHTS PLAN11ED UNIT DEVELOPMENT, as per plat thereof recorded in Volume 13 of Plats, page 79; Situate in the County of Spokane, State of Washington. VESTED IN : LYINN L. MOHLER and MERIDELL L. MOHLER, husband and wi f e, as to Lot 1 and a 1/11 interest in and to Lot 12 and the other areas which have been designated as common areas on the Plat of said land; GARRY D. CHAMBERLAIN and LINDA M. CHAMBERLAIN, husban d and wife, as to Lot 2 and a 1/11 interest in and to Lot 12 and the other areas which have been designated as common areas on the Plat of said land ; ROBERT W. 0' BRIEPI and MAUREEN A. 0' BRIEN , husband and wif e, as to Lot 3; CECIL F. JOHNSON and LOA J. JOHPdSON, husband and wif_e, as to Lot 4 and a 1/11 interest iti and to Lot 12 and the other areas which have been designated as common areas on the Plat of said land; ROBERT DEE RIEGEL, subject to the community property interest of his spouse, if married on January 27, 1978, the date of his acquisition of said land, as to Lot 7; TERRY M. THOMP'SON and MARILYVN A. THOrg'SON, husband and wife, as to Lot 8 and a 1/11 interest in and to Lot 12 and the other areas which have been designated as common areas on the Plat of said land; DONALD L. taOLFE, a single person, as to Lot 9 and a 1/11 interest in and to Lot 12 an d the other areas which have been designated as common areas on the Plat of said lan d; JACK P. MASELLI, subject to the community property interest of his wife, if married on April 3, 1979, the date of his acquisition of said land, as to Lot 10 and a 1/11 interest in and to Lot 12 and the other areas which have been des ignated as common areas on the Plat of said land; and THE Y.AlIUNA LAND COT2PANY, a Washington corporation, as to the remainder. . Page 2 - Order No. 9 6 79 0-M EXCEPTIONS: l. 1% excise tax, if unpaid. 2. General taxes for the last half of 1979 in the amount of $94.35. (Parcel No. 23534-0701) (Lot l, Block 1) General taxes for the year 1979 delinquent in the amount of $188.71 plus interest. (Parcel No. 23534-0703) (Lot 3, Block 1) General taxes for the last half of 1979 in the amount of $113.22. (Parcel No. 23534-0705) (Lot 5, Block 1) General taxes for the last half of 1979 in the amount of $113.22. (Parcel No. 23534-0706) (Lot 6, Block 1) General taxes for the last half of 1979 in the amount of $113.22. (Parcel No. 23534-0707) (Lot 7, Block 1) There appears to be an overpayment of taxes for prior years per computer readout. (Parcel No. 23534-0707) General taxes for the year 1979 delinquent in the amount of $188.71 plus interest. (Parcel No. 23534-0708) (Lot 8, Block 1) General taxes for the year 1979 delinquent in the amount of $188.71 plus interest. (Parcel No. 23534-0709) (Lot 9, Block 1) General taxes for the last half of 1979 in the amount of $94.35. (Parcel No. 23534-0710) (Lot 10, Block 1) General taxes for the year 1979 delinquent in the amount of $188.71 plus interest. (Parcel No. 23534-0711) (Lot 11, Block 1) General taxes for the year 1979 delinquent in the amount of $245.32 plus interest. (Parcel No. 23534-0712) (Lot 12, Block 1) General taxes for the year 1979 have been paid in full in the amount of $188.71. (Parcel No. 23534-0702) (Lot 2, Block 1) General taxes forthe year 1979 have been paid in full in the amount of $188.71. (Parcel No. 23534-0704) (Lot 4, Block 1) 3. Liability to future assessments levied by the Riegel Heights Planned Unit Development Home Owners Association. 4. P.estrictions imposed and easements reserved by the Dedication of the Plat, a copy of which is attached. 5. Restrictions imposed by Declaration of Restrictions recorded as Document No. 7806150127, a copy of which is attached. ' (continued) . Page 3 Order No. 96790-M 6. EASEMENT AND THE TERMS A11D CONDITIONS THEREOF : Grantee: The Washington Water Power Company, a corporation Purpose: Electrical transmission line and telephone system, with right to place six poles and right of overhang approximately thirty feet North of the South line of said Southwest quarter of the Southeast quarter, together with right to remove brush and trees Dated: March 31, 1955 Recorded: April 22, 1955 Recording No.: 312318B Affects: Lots l, 2, 10 and Regal Court 7. MORTGAGE AND THE TERMS AND CONDITIONS THEREOF: Mortgagor: The Kahuna Land Company, a Washington corporation Mortgagee: Robert Dee Riegel, husband of Marijane T. Riegel, dealing in his sole and separate property Amount: $110,000.00 Dated: October 12, 1977 Recorded: October 12, 1977 Recording No.: 7710120472 Affects: This and other property. 8. EASEMENT AND THE TERMS AND CONDITIONS THEREOF• • Grantee: Pacific Northwest Bell Telephone Company, a Washington corporation Purpose: Right to place, construct, operate and maintain, inspect, reconstruct, repair, replace and keep clear communication lines with ingress to and egress from, and to remove at any time, any or a11 of the communication lines Location: The exact location is not disclosed of record Dated: August 17, 1977 Recorded: October 20, 1977 Recording No.: 7710200059 Affects: Riegel Court 9. The effect of the failure of the owners to execute the Owner's Declaration on the face of the recorded Plat of sai d land. 10. FINANCING STATEMENT AND THE TERMS AND CONDITIONS THEREOF: Debtor: Frank L. Scalero and Lola M. Scalero Secured Party: Pacific National Bank of Washington Filed: June 14, 1978 Recording No.: 7806140241 Uniform Commercial Code No.: 145784 Covers: Plans, specifications, contracts and agreements Affects: Lot 1 (continued) , PagE 4 Order N0 . 96790-M 11. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: Grantor:' The Kahuna Land Company, a Washington corporation GranteP: Lot 10, in Riegel Heights Planned Unit Development Purpose: Easement for ingress and egress over the Ely 100 feet of Lot 11 Dated: October 16, 1978 _ Recorded: October 24, 1978 Recording No.: 7810240122 Affects: Lot 11 12. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: Grantor: Harry P. Harper, Jr, and Linda L. Harper, husband and wife. Trustee: , Pioneer National Title Insurance Company Beneficiary: Fidelity Mutual Savings Bank, a corporation Amount: $78,750.00 Dated: November 21, 1978 Recorded: November 30, 1978 Recording No.: 7811300356 Affects: Lot 9 13. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOr: Grantor: Lynn L. Mohler and Meridell L. Mohler, husband and wife Trustee: Transamerica Title Insurance Company Beneficiary: Pacific First Federal Savings and Loan Association, a corporation Amount: $65,000.00 Dated: January 2, 1979 Recorded: January 4, 1979 Recording No.: 7901040161 Affects: Lot 1 14. MORTGAGE AND THE TERMS AND CONDITIONS THEREOF: Mortgagor: Terry M. Thompson and Marilynn A. Thompson, also known as Molly A. Thompson, husband and wife Mortgagee: SpokanesFirst National Bank, a national banking association Amount: $24,000.00 Dated: March 22, 1979 Recorded: March 23, 1979 Recording No.: 7903230304 Affects: Lot 8 and other property 15. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: Gran tor : Ceci 1 F. Johns on and Loa Johns oil, husb and and wife Trustee: Transamerica Title Insurance Company Beneficiary: Great Northwest Federal Savings and Loan Association, a corporation .Amount: $110,000.00 Dated: March 29, 1979 Recorded: March 30, 1979 Recording No.: 7903300111 Affects : Lot 4 (continued) • Page 5 Order No. 96790-M 16. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: Grantor: Garry D. Chamb erlain and Linda M. Chamberlain, husband and wife Trustee: Transamerica Tit1e Insurance Company - Beneficiary: Great Northwest Federal Savings and Loan Association, a corporation Amount: $85,000.00 Dated: April 25, 1979 Recorded: April 27, 1979 Recording No.: 7904270358 Affects : Lot 2 A Planned Unit Development Rider to said Deed of Trust was recorded as Document No. 7904300412. 17. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: Grantor: Daryl N. Heimbigner, a single person Trustee: Pioneer National Title Insurance Company Beneficiary: Great tiJestern Union Federal Savings & Loan Association, a corporation Amount: $100,000.00 Dated: May 24, 1979 Recorded: May 30, 1979 Recording No.: 7905300331 Aff ects: Lot 5 18. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: Grantor: Donald L. Wolfe, a single person Trustee: Pioneer National Title Insurance Company Benef iciary: Seattle First National Bank, a national banking association . Amount: $47,000.00 Dated: May 29, 1979 Recorded: June 4, 1979 Recording No.: 7906040411 Affects: Lot 9 Records examined to June 4, 1979 at 8:00 A.M. TRANSAMERICA TITLE I SURANCE CONIPANY By : ~ Robert Myle `r •cc: Manfred & Ward, Attn: Bob Bethards rnw , RIEGLL IIEIC,IiTS PLANNIED . UiqIT llEVLLOPI'IEN`l ' Dedication to the Plat Restrictive covenants and easements referred to in Policy tNo. 96790-M of the Transamerica Title Insurance Company, which are imposed by the Dedication of the P1at of RIEGEL HEIGHTS PLA'1NED U-IdIT DEVELOPrIE-NT, as per plat thereof recorded in Volume 13 of Plats, pa~e 79, as follo~~s. Domestic water and an operative public sewer system acceptable to County ancl State Health Authorities and individual services shall be provided each lot prior to sale. i1o more than one detached dEaelling structure shall be placed on any one lot, nor shall any lot be further subdivided for the purpose of creating additional lots or building sites without filing a rePlat. Known all men by these presents, that I the undersigned owner in fee simple of the property shown hereon declare this plan and dedicate the same for condominium purposes. The drives, walks, streets or alleys and lot 12 therein are not dedicated to the public generally, but are specifically dedicated to the exclusive use and benefit of the property,owners as corurpn ar.eas according to the declaration. This pl.at or any por.tion thereof shall be restricted by the terms o.C the declaration filed under Spokane County Auditor's No. 7846150127, VolLme 387 0f Deeds, page 1E83 as rec:orded this 15 th day of_ June, 19 78 . t s , , _ . . . , . . . . • . . L Ll L) L 26 Aff'7II , yb ~7 j vrAWA v i,lrt eUDITQR 51 JKt,h~ ctuyTr.aAsII„ - DECLI1RATIOP! OF RCSTRiCTIOfIS oEPUrr (Endbling Declaration Establishing a Planned Unit Development) P O S T O ROl3ERT RIEGEL, a Washington residcnt, hcrcinafter referred to as "declarant" i, the owner of that certain real property subject to this declar•ation, located in the Cnunty of Spokane, State of 4lashington, more particularly de~,crlbed as follows: Lots 1 throuyh 12 of RIEGEL fIFIGlITS PLAtdNED UrJIT DEVELOP- F1ENTas per ma p recor~eW *in 8 ook - 13 P age'"'~~R~' 'records of Spokane County, I-1ashington, ~ and does hereby declare and certify as follak•rs: RECITAI.S 1. Declarant is the owner of the above-described real property. 2. Declarant intends to impr-ove the property by dcveloping 11 lots for single family residences: Said lots are numbered 1 throuJi) 12, with lot 12 to be held as a ' common area, all of vihich is to be desig►ied and riesignated substantially in accordance aii th pl an s and spec i fi ca t i ons s tyl ed R 1 EGEL NE IGfITS PL/1r1tlED UNI7 DEVEL(1PMENT, hereinafter to be referrcd ta as "the projcct." Tne sinyle street in the project is designed as coniron area. 4' 3. Oeclarant hereby establishe~ by this declaration a plan for the individual ownership of the real property estates consisting of the area or space contained in each of the lotS and the co-ownership by the individual and separate otirners thereof as tenants in coniijon and as hereinaftei- set forth, of all of the rerr:aining real property ~vh7ch i, her•einaftcr defined and refer•red to hcrein as "the coinrnon areas." Df.CLAR/1T ION Pursuant to the foregoing, declarant does hereby make the followiny declaration as to division, easeinents, rights, liens, chargeS, covenan's, re- strictions, limitations, conditions, anci uses to which the developmcnt may be put, hereby specifying that sucti declaration shall constitute covenants to run with the land and shall bE binding on declaranC, its successors and assigns, and ° all subsequent owners of all of any pai-t of the project, together with Lhcir ~ 'grantees, successors, heirs, executors, administrators, devisees or assigns: -l. PLAN OF DEVELOPMENT A. Declarant, in order to establish a plan of private unit development ownership for the project, hereby covenants and agrees that it hereby _ divides the project into the following separate freehold estates: 1. Each of the 11 lots, each separately shown, numbered and desig- nated on the area plan, consisting of sheets, recorded , 197 , as Instrument No. , Official records of Spokane County, Washington, which said plan is incorporated herein by reterence, and which describes legally each residential lot. In interpreting deeds, declarations and plans, the existing physical boundaries of the lots or of a lot reconstructed in substantial accordanc with the original plans thereof shall be conclusively presumed to be its boundaries, rather than the metes and bounds or other description expressed in the deed, plan or declaration, regardless of settling or lateral movement and regardless of minor variance between boundaries shown on the plan or in the deed and declaration. 2. A freehold estate consisting of the rernaining portions of the project is described and referred to herein as common area Lot 12 and the Street officially named Riegel Lane, consisting of trees and other landscaping, recreational area, walkways, green areas, driveway, patios, and other areas of common ownership as more particularly described in said recorded Lot plan, as hereinabove set forth. 3. Each lot, together with the respective undivided interests in the cornmon areas specified and established in paragraph (5) hereof, is def ined and hereinaf ter referred to as "lot" by number and the ownership of each Lot shall include such Lot and suc undivided interest in the common areas. -2- 4. The eleven individual lots hereby established for construction of residential homes and which shall be individuall conveyed are described as lots numbered one through eleven of RIEGEL HEIGHTS PLANNED UNIT DEVELOPMENT. 5. The undivided interest in the common areas hereby established an d which shall be conveyed with each respective lot is a one- eleventh interest therein and shall be known as Lot 12 hereof, and the Street named Riegel Lane. Each of the above respective undivided interests established and to -2- (continued) bc conveyod wi th tlie rw,pr.CI.i Vv lot ; caiinot hc cizanncd, ~~ncl drelarant, • i ts succcssor ; arcl (i,,s icins , cuvenant anc1 d(Iree thc U11C11V1C1ed intci•csts in ' the coroiion areas ancl the tee titlcs to the respective lnts conveyed therer~ith shall not he separated or separately conveyect and each such undivided interest shall te deemed to be conveyed or encumhered vlith each respective unit even tliaugh the description in the instrument of convey- ed and each such undividecl interest sliall te deemed to be conveyed or encuml,ered r►ith each respective unifi even though the description in the instrument of conveyance or encunibrancc niay refer only to the fee title to the respective lot. 6. The proportionate shares of the ;cparate o4m ers of the respective Lots in the profits and corrnon expenses in the conir-on areas, as vtell as their proportionate represeritation for votino purnoses in Ricgel f{eights Fiomeowners /lssociation, a l•'ashington non-profit associatior, hereinafter called "the association", shall be one-eleventh> i•e., 1/11 share and one vot for each lot. 7. The cormon at-eas shall remain undivided as set forth ahove, and no owner shall bring any action for partition it being agreed that thts restriction is iiECe55dry in order to preserve the riyhts of the oi,ners with rPSpect to the operation and manaqcrTnt of the prolFCt. 8. The P,rchitectural Control Cormittee, as sPt fortli in the Declaration of the Ey-Laws of the association, iray bargain for or offer to purchase or accept as qifts additional real property strictly limited 4' to additions to the comr.on areas, and thereafter present to all members of the association for accepta«ce hy a 807A majority of the rremCers of the association's written rroposal.- Such prarosal shall contain all descrip- tions of the real property ind all pcrt,iiient intormation of it's cost, use, need, and future o►• p►•csent plans. T1le proposal shall set out the properties' speclfic use sucfi as plans for nreen ar•eas, swimmino rool, caretaE•ers residence, tool house, r~~rdcn areis nr similar COminprl arva uses. Such proposal heing accepteci hy an 80°; majority may be carried out. Such duly noted prnposal shall nc,t be unnetessarily bound hy regulations "II", "uses of Propcrty" following. It is further undcrstood and anrecd hv all merrhers that additional use of the effluFnt line and drainficld shall he automatically qranted v to applicants of the surroundina area. The additional use and Iiook-ins ~ Yl l ► ,_it) I ( l).I ~ r onJ .i11 , ifany, sha l l bcar ClIv.Ir ,hal l be 1 inotcd to ;i, in nui-it-c proportionate responsibility, firancially, and shall he required to perform , for that service un(iei• all rules and requlations tierein set forth for i the care and r;aintenance of the effluent systerr~ in it's entirPty. II. USES GF P(10PCRTY 1. The lots shall be occupied and used by the respective a4rners only as si ngl e fanii ly pri va te &el 1 i ngs for i:he oarners, hi s femi1y, , tenants, and social guests, and for no otlier purpose. 2. lf a►ly port7on of the con-rion area encroaches upon Lhe lots, a valid easerrent for the encroachr.ient and for the maintenance of same, so lono as r it stands, shall and does exist. In tho event any structure is partially or . totally destroyed and then reFuilt, tfie owners of lots aciree that minor encroach- ments of parts of the cor.•irton arcas duc to construction shall be permitted and that valid easements for such encroachment and the n+aintenance thereof shall eX1St. 3. tlo laundry, hedding, narrent or thir,g of 1i4,e nature st►all F,e hunn on any of the permises wherc visit-le to the puhlic. If any such articlES are to be hung outdoors, a dryinc! }-ard enclased from the view of adjz,cent property nust be providec for such purposes. 4, tdo individual seriane clisposal sy,tem shall be pern►itted on sald property unless such system is desiqred, located and constructed in accordance with the standards, reouirements and recomc~endations af the State and local 4' public health authorities. Approval of such system as installed must first be obtained from sUCh authoritics._ Provi.icd, however, that each owmer, by acceptance of the deed, orants to ench other ovm er all netPSSary reciprocal rights or easCnents in and on property held hy each such o%,,ner seqarately, or in common ownership r)ith thP other owncrs on lot 12 for the construct7on, maintenance, and rerair of all necessar•y scptic fianks, sF4~er lines, and other sanitary services, and nercolation thcrc-froni, for tlie use and occupancy oF each resident. It is herein acl:nowlec+c►eci hy each owner of one or more lots in the project that installation of a septic tank sewer unit is required undcr the above stated requirenicnts, and that a comr:on effluent disposal line for each lot and area notiv exists, and right-of-ways anc easements for said disposal lines and con-on areas 0thin and without the projFCt; ancJ further, that . a said disposal effluent line, its conncctions and aprurtances as installed or . , i to hc i n; ta 11 cci , repa i red , acl j ur; tr(l , rr-lil acecJ nr ma i n ta ined , ha11 he ancl is the obl igation of thc Riegel flcights Ilomcowner; /1ssociation; and said . obligation includes each owner's proportionate financial ~uoport and nothinn hcrein stated shall relieve any or all lot o4:ncrs of said oEligation. 1t is also herein agreed that all installed septic tanks on each individual lot shall he inspected and oumped dry cvery three years, or a lesser time, 1f so noted by thc association, such rate of 101% as hrrein specified, sha11 re deemed passeci. 5. f;o garage, bascment, aut-building, shacR, barn, tent, trailer, nobile home, or teniporary structure placed or maintained on any lot sliall at any time be used or occupied as a residence, either tenporarily or permanently. 6, tJo trailer, Lioat, camper or ather vehicle not customarily used for means of general transportation shall bc parked on the prentises for any periad exceeding 4 hours within dny 48 consecutive hour period as an incident to load- ing or unloading therPfrori. 7. No derric4:, rin, or other structure designed far use in borinq, mining or drilling for oil, natural (tas, or other hydrocarhan suhstances, or precious minerals, stiall ever be erectcd, maintained or F)crnitted unon said property. n. f!o trade or noxious or offPnsive acfiivity shall he carried on upon said property or any Fart thereof, nor shall anything he done or rraintaineC thereon which shall he or becume an annoyance or nuisance to the neighborhood, 1 9. No stablc, poultry house, rineon loft, or rahhit liut shall he consiruetPd or maintained on any lot r,or shall hurses, cattle, coos, noats, sheen or other animals, fowls, or poultry, be raised or kert upon the said rroperty; excert that dogs and cats and other snEall I,ouse rets may he E,ePt upon said property, provided tliey are not l.ept, hred, or raisec+ Lhei-con for car.unercial purposes or in unreasonahle quantities, and pr-ovided written aparoval of the association is first obtained. 14. The use of any huilding for a public roarding house•; lodaing house, san}tariun, hospital, asylum, or institution of any E.indred nature, or anything which may become a nuisance to tiie neighrorhood is expressly rrohibited. 11. The respective lots or single family dwcllinqs thereon shall not he rented by the ovmers tliereof for transient or hotel purposes, vihich shall he , o defined as rental for- any period lcss than 30 days. nthcr than the forcnoing ot)ligations, thc owncrs o` tlii- res,)rCLrIic laLs sti,111 11,1vc absolutc rinht to ' lcasc sarne, proviciEd that thc lcasc is 1tladc subject to Lhe covendrtits, canditions, restrictions, limitations, and uses contained in this cleclaration and further subject to the hy-lavis attached hereto. III. RPPROVAL OF PLA1'S l. The architectural control conrnittee shall consist of threP members, a)so allowing one non-member. Tfie ariginal members ano one non-menber of said corrmittee shall I-e as follows: Robert D. Riegel, P1anpne T. Riectel and Oonald Reed, Architect. ✓ 2. A majority of the comrilittee nay designate a representative to act for it. In the evcnt of thc death ot• resignatinn of any meriher af the cpnmittee, - the rerr.aining memhers shall have the full authority to desionate a successor until the next general election of the association as hereinafter provided. tieither the mcmbers of the conmittee nor its clesionated representatives shall be entitled to any cuwpensation other than cxpenses tor services performed pursuant to these covenant,. 3. The committee's approval or disapprovai as reouired in these covenants shall be in ►rritin9. In the event thE comrrittee or its designated represenCatives fail to a-prove or disapprave viithin 30 days afiter pians and specifications have been submitted to it, approval thereof shall not be required, and the related covenants shall t-e cieemed to have t;pen ful ly con,pl ied wi th. 4. No Guilcling, structure, fenct, v.all, or any other insLallation shall b; erected, re-erected, reconstructed, placed, repaired, altered, repainted or redecorated on the exteriors nf any lot until the plans and specificatl'ons therefor have been approved ry the architectural cantrol conmittee (is to the quality of worknanship and rraterial;, har-mony ot extertor designs y»th er.isting Structures, and as to location vrith respect to topoc►raphy and fintshed nrade elevation. Said committee shall exercise coinplete disci-etion and authority as to the exterior colors and matcrials tci he used on or applied to said builciinqs, strtictures, fences, walls, and installations, and as to front and side set- backs and huilcling lines. 5. At such time as the poriers and duties under this declaration have deen transferrcd to ti,e association, as hereinafter provided, the association shall have control over the architectural cormittee. 1'he architectural ~ comnittec shall serve terms of one year. The Roard Af nirectors shall appoint ~ neyr mumhcrs tu fi11 vaednc i es on tlic arcl►i tcc tur•a1 cr,nun it tec . Mcrnt,cr; of - the archi tectural coninii ttec can be r-e-el ectecJ. 6. No siyns or other advertisinci devise of any character shall he erected or maintained upon any part of said prorerty, except that declarant may erect and maintain on said proper•ty such signs and other advertisinq dPVices as it may deem necessary or proper in connection with the conduct of its arerations for the developi.ent, improvemPnt, sub-division and sales of said property. IV. OGCUf'AIICY l. An ot,rier of a unit shall automatically, upon becoming the oi-rner of same, be a nembcr of the association and shall remain a memher thcr•eof until such time as his or her ownership ceases for any reason, at which time said menher- ship in the association sliall automatically cease. 2. The owners of all the units covenant and anree that the administration of the project shall be in accordance rn lh the provis7ons of this declaration, the articles and by-laws of the association v~hich are collectively attached l hereto, as Exhibit i1, and made a part hereof. In the event any of the matters in Exhibit A are in any v,ay inconsistent with any matters in this declaration, then any such riatters in this declaration shall prevail. 3. Each owner, tenant or occurant of a unit shal'i camnly tiiith tfie pro- visians of this declaration, by-laws, decisions and resolutions of the association or its duly authorized representative, a11 as lawfully amFnded from Line to time, and failure to torrply with any suth rrovisions, decisions, resolutions, srhall be grounds for an action to recover sums due for damages or for injunctive rel ief, as hereinaftcr set fot•th under "acSditional powers of dcclarant and association". 4. t!o owner of a uni Lmay exemnt himsel f Fi"Ofl► 1iabi 1ity for hi s contri - bution towards the corr+ntnn exrcnscs hy wdiver of thc tyse or enjoyment of any of the corr,mOn areas or hy ttle abaildonment of his unit. 5. Except as provided 1n ltrticle III, in a voluntary conveyance of a unit, the grantee of the same shall he jointly and severally liahle witf► the , grantor of all unpaid assessnents by t1►o association aqainst the latter for his share of the cemman expenses up to the time of the cirant or conveyance, without prejudice to the orantee's right to recover from nrantor the amounts paid by qrantee therefor. However, any such grantee shall be entitled to a ° statement from the assoctiation scttina forth the amount of the unpaid assessments r 1 • I ~ 1 . , against tlie grantor ciur thr a,-,nciataon. ancJ such c1rantee shal l nnt be 1lAile • for. nor shall the prorEriy cun~,eycd bE sur.,1pct to a 1 irn for, any unpa1 d • iissessments riade t,y the ussociaLion anainst t~e crantor in excess of the ar!;ounts set forth in the statemEnt, Tirnvidrd, however, the nrantee shall he liahle for any such assessn-ent becominn uue after the date of any such staten:ent. V. ADDIT10NAL PCIJERS OF UCLAf?ltNT N;f) ASSGCP7lON l. Declarant or the association to which any of the ricthts of dPClarant may hereafter be assignecJ has and shall have a11 riecessery po4,ers, riahts, and privileges to M.aintain and irrprove Sa7d property and to act for the peace, health, comfort, safety and nenerdl welfare of the o►•rners of said nroperty, ot- the residents ther•eon, incluc+ing, hut not limitcd to, the falloviinq: . (a) To provide for fire protectinn and the callection and disposition of oarbage, rubbisii, ashes, and the li{,e; to irirrove, liaht and mair.tain undedicated streets, roads, a] leys, courts, vial 1.5, Qools, natrways, fcnccs, and ornamental features now existing or t,ereafter to be -erected ar treafied, and to plant, maintain and care for all trE-Fs, plants, sfirlihs, and cormon area lzti:ns. (b) To keeP records of huildinq permits ard apQrovals or disprovals made or issued by it or the zirchi-Lecturzl control cor%mi ttee and to keep hooks and records showing all charges, levies, asses.srents, and z11 dishursprients r^ade. (c) 7o enforce the l-ions, charges, assessments, limitations, restrictier,s, conditions, and covenants and rrovisions of this declaratior, existino upon or affecting or hereby created for the benefit of all saici property, over «hich 4' the declarant or the association lias iurisdiction and control and to whicfi said nroperty may t,e subjcct to the extent tliat declarant or the association has the legal ri5ht aS herein set forth to enforce the same, and to pay all expenses incidental thereto; to hring suits at lar, or in equity to enforce the same or to carry out the riqhtc. and po►:crs herciri reserved or established. (d) To pay taxes arid a;sessrients wliich may hc lovicd h~v any puhlic authority • on comonly ovrned prorierty and irttprovenienty thereori, now or hereafter opened, laid out, or established on said property, wIiere tlic ta~Ces are assesscd as part of the property or separately, and on any propcrty which may be held in trust for the use and Lenpfit of the zssociation. (e) To kecp at a11 tinics the cor=only Qrmed irproverrents on said property insLred again-st lo,s D-r daroge by fire, or liability, with all physical loss , o or extended p-erils cndors.emerts, in an arrcunt equal to the full insurahle value ot the imnrovcmcrlts insurccl, ~isitt r),iy a11 prcrJurns aricl ot_her ch~~t-ncs paYablc , in respect to such insurance. Except as provided in Ar-ticle VI1, all tunds which are received in resnect to said insurance in the event of a partial or Lotal destruction of or danage to any impraver,-ents on said property, shall be deposited into a fund set up for that purpose ancl a11 monies so depo5ited to said fund shall be used to repair, restore, or replace said improvements. (f) To exercise such poa,ers of intcrpretation, cnntrol, construction, consent, decision, determination, rtiodification, amendmcnt, cancellation, annulment, and enforcement of covenanfis, reservations, restrictlons, limitations, assess- ments, charges, and licns imposed upon said rroperty as may be vested in, dele- gated to or assigrled to the declarant or the association. ~ (g) To establisli, levy, and collect such charnes or fees as may be necessary to carry out, pay off and otherVrise r.ieet tlic exnenses of carryina out and pcr- forming any of the general and enur-erated poyfers or duties or the purposes for which the associatlon may be formecl; to provide that a11 assessments, charges and fees shall be due and payable on the lst tionday of the nonth folloy,ing the levy and fixing thcreof, and shall hecome dolinoucnt 6 days after the date upon which they hecome due and payable; to collect saici charGes qr fees annually or oftener if deersied adv7sahle by declarant or thc association from the then owners and buyers under contracL of purchase of each and every portion of said property. To "collecL" includes actions at lav> >n personum aaainst the owner of any lot vrho has not paid an assessmenti ti•,hen due, or in the alternative, as ~ an additional remedy, the enforceraent af the licn granted herein to secure the payment of such assessments. The association may recover any attarney's fees in col lection of assessments ancl enforcCn+ent of any obl iRations under these restrictions. (h) Any labor rendered and materials or supnlies u,,,ed or consumed nr ec{uinr,:enL, appliances, or powc.~i- furnished for thc, maintenance, upkeep and impravement of the property, or aiiy funds expended for any purpose for the grneral vrel fare of the ovmers tlyercof or res idents therenn, or for the cornr►uni ty'; in perfor•mi ng or causing to he perfiormed any of the acts specified directly or hy inference in the rights, dutics and powers contained in this instrun}ent, shall be deemed to have been rendered, furnisheci and supplied hy the declarant or the associatjon for the benefit and advantagc of every portion of said property, and at the special instance and request of the oamer or oirners or buyers thereof, and declarant or the association shall havc a lien upon each residence ir, said propcrty ag~~Inst tiihich tiq• (i.sf-scnierit c.hargc; nr fers fixcd, estcihlishccl or • levicd, nur;u<<nt to any pr-ovision of Lhis cJecl~,ration, sha11 have becnme c{cltn- • quent as fully as though sucii labor had heen bestoared and materials supplied ~ or equipment or nuwer furnished directly to residence or residencPS; provided, however, that any act}on for such lien must he coRUnencecl in a proper court within 90 days after the claim of lien has heen reported, 2. Declarant does herehy agree to maintain and E:Eep in proper repair and operation the cornon areas and recreational areas, and to advance all funds necessary to pay fer such naintenance, taxes and insurance on said prop- erty, sUbject to reinburser►ent to individLral owners hy assessments levied by the provisioris of this instrument. Said maintenance, fees and assessments . shall he deemed to constitute a lien upon each ot t,he residential lots in said propert,y in favor of declarant and declarant may take any action recognized by the lav:s of the State of 1•'ashington for the enforcenent of said 1 ien, or in the alternative, may elect ta sue in pcrsonum without enforcing such lien. The lien iierein provided for shall t•e valid notwithstandino any other provis}ons contained in this dEClaration to the contrary. At such timP as the associat}on becomes the assagnee of declarant of these declarations of resLrictions, declerant mdy at its oXition, be rel ieved of the ohliqation under this Qaraa, aph, and the associatian shall be requireci to zssume said obli_r,ations, except that cieclarant will remain responsihle for unsold lats a-, FereinaftPr provided. Until such time as the association assumes ohligations, declarant will ouarantee said costs of maintenance, taxes and insurancN, suhject to the provisions contained t herein. Declarant will at all times be responsible for that portion of said expenses attrihutable to lots owned by declararit. 3. 1111 agreements and deterrninations laa'fully made hy the association in accordance ~-,-ith the voting percentages estahlished in this declaration or in the by-lati;s, shall be deemed to hc binding on a11 ovmers of lots, their successars and assigns. 4. So long as declarant, his successors and assigns ov1ns one or more of the lots established and descrihed hCrein, declarant, its successors and assigns, shall be suhject to the provistons of this declaratson and of Lhe association and declarant covenan±s to take no action whlch would adversely effect the rights of the association with respect to assurances aqainst latent defects in the property or other riqhts assiqned to the association hy reason 0 of the estahlishrrent of the property or residences. 5. On cottclGnmation oi a11 or any pcirtion of Llic lots, the clevclopmenC w111 be terrrinated dnd the lots and corrmon arc,~as partitioned upon the vote • . of 60% of ttie lot owners. , V I . ENFORCFl1f NIT As to each resiclential lot otirner of the property, these restrictions, conditions and covenants shall be covenants running vllth the land for the benefit of each and eve►•y lot in said tract, and a breach of anv therFOf, and a con- tinuance of any such hreach, may he en,ioined, ahated, or othervrise restrained by appropriate proccedinos by the cfeclarant or the association, or by any such owmer of a lot in saici tract; provided, however, that any suf,sequent ow.ner of said property, including hut not iimited ta, purchasers at trust deed salcs { and foreclosures of mechanics' liens sales, shall be bound hy the sarne restrictior covenants and provisions of this declaration of riqhts obtained t;y foreclosure of a trustee's sale or otherr,ise. V I I. PROTECT IOr! OC Lrt4nEpS l. Pto breach of the covenants or restrictions herein contained, nor the enforcement of any 17en provideC for herein, shall defeat or render invalici tlle lien of any mortgacte or deed of trust made 4n pood faith and for value, but all of said covenants and restrictions siiall be binding uoon ancl effective against any owner whose title is derived through foreclosure or tr•ustee's sales, or through a deed givcn in lieu of eitltier Lherrof, rso such ovrner so deriving title shall be resnonsible for any oblinations accruira hereunder prior to the 4time such owner acquired title. 2. tlotwithstandtng any other nrovision of the Declaration or the Qy-Laws, any of the following amendrients Lo this cleclaration or the hy-laws rrust he approved in writir.g t.y the heneficiary under each deed of trust or mortgagee under each mortgage encumberin(i all or any poi-tion of any lot. (a) /1ny amendriCnt rrhich affects or purports to affect tile validity or priority of any dced of trust or mortgage, (b) Any amendment which necessitates the payrient, subsqquent to foreclosure of any mortgaye or deed of Lrust or acceptance of a deed in lieu thereof, of any portion of any unpaid assessment or assessments accruino prior thereof. (c) Any amendment rlhich would or could resul C in any m,flrt9age or deed of tt-ust being cancelled ry forfeiture, or in the individual residences not heing seo- ° arately assesscd for tax purposes. ~ ~ 'J J 1 • . 1 l J : J . - . ' (d) Any americSment rih.ich woulci in any r;a_y resti•ict the riqiit of any mortUagee or beneficiary to rcquire the application of insurance proceeds of the indebt- edness securcd hy such mortgage or deed of trust. 3. In the event of the default by any oirner in the payrent of any prom- issory note secured by such trust deed or mortgage to this individual residence or lot upon recordation of aNotice of Default the right of such ov,ner-to vote at any regular or special reetino of thc, orrners thereof held durinn such time as said detault may continue, shall automatically be susrended. Upon curino such default, the right of such ov~ner to vote shall thereupon revive. 4. Any lendEr upan any residence subject to these provisions nray appear at meetings of the Pienel Heights Ilordeovlners Association, and meetings , of the Board of Directors of said association to nresent ohjections, if violatiorl! of the covenants, conditions and restrictions have not been enforced. 5. In the event that any 1Pnder upon any propErty suhject to these pro- visions requires a loss payable endorsement under any fire insurance policy, the insurance proceeds, in the event of a loss covered by insurance, shall apply under said loss payable endorsement, the provisions of Article V herein notirithstanding. V I I I. OTI'ER Pf;C': I S I Ot'S l. These covenants are to run r,ith the land and shall he hindin4 on all parties or all persons claiming under them for a reriod of 3Q years froni the ,e date these restrictions arP recorded aftcr which time such covenants shall be automatically extended for a successive perind of ten years, unless an insCru- ment signed by a riajority of thr then oam cr5 of the residential lots has heen recorded, apreeiro to change said covenants in ti•,hole or in part. 2. Should any provision or pravisions hrreof be declared invalid or in conflict with any liivf of the 3urisdiction where this oro,lFCt is situaled, the validity of all other provisions and portions hereof shall remain uneffecLed and of full force and effect. I, 3. Deed of conveyance of property, or anv part therPOf, may contain the above restricted covenants, by reference to this instrur-ent. 4lhether or not such reference is made in such deeds, each and all such restrictions, covenants and conditions shall be valid and hinciinn upon the respective arantees. ° 4. This declaration shall not be i-evotied or any of the provisions herein amended excePt as provided in Article VII of Cv-Laws of the Association, Exhihit A herein S. A licn oii aiiy lot in £avor ol ciccJ arar1L or thc association, . . as may be establishecl hezeunder, s}iall be junior and subordiilzte _ only to a lien o£ any dced of trust whi.cll encumbers any lot in said tract prior to a lien of c3eclararlL or the association becoming oE record, provided said c3ced of trust is made in good faith and for value. IN 4lIT14ESS WHEF'.EOF declarant has executed the within document this /~-/-day oi ~Yl,-~'~• ;r~ , 1977, , ol ` / . RIL'Gi'.L IEIG11TS l1I0T1L0INr7k:R5' A5SOCIATION BY . ROIILR'1' ULL RIL'Gk.L, Presic.ient IIY ' _•i~ ~ ~ t111CtIJrlWl: T. RIEGCL, Seczetary / STATI: OF WnSIIItJGTOTI ) ) ss. couOTY or' sPoxAcvL ~ On the!~I•~ aay of ,7une, 1978, persona]_ly appearecl heL-ore ine ROE3CRT DCC RICJEL and ;IARIJAUL" RIL'GEL, to mc }:nowii tn Ue cilc Presiclent and Secretary, resoecLively,oL RZL•"GL:L 11EIGI1'1'& ASSOCInTIO l, the corporation which exccuted tlle forecc -,rcl document, and acknowleclqcd thzt ttley sicjneci tne samc (--n U:,hal: of the eorporation as its free ancl volunt-ary aci: anc3 <:ce(1 <or che uses and purposes therein t-iienl:ionecl, ancl that they are aut"lori:,~c1 by said corporation to sign on Lts bel»lf. '1- GIVEN unc3er my hand and of Eicial seal the date last ubovc written. / ~ , / ~ r",, ~ 4' NOT11fiY' PUBLIC in aid ior Lhe State of W7shinyton, residing at Spokanc. . o i ~ tA_ ~ j0t4* . . ' ' o~ ~ • ~~"r !A/ 1 ~'1 C .'1 ` ~ ~ / y , ~b~ • '~o•{~j~ ? lh f~ ~ Q ti Z . • f1'~ ~46 ~ 41 , ♦ Q''~`:~ =',`~'.~,4``-r c~ y~~'' ~ , unp/alMd • ~ O-- ,,y q~ N 1 ''z ' ~ ~ 1 S l A 560P51a` w L1~ ~ ~ R• • ^ °s.~.~r~ER I,Qyir' 1 { ~ ~ ~ ~ M ~ A ID'ft'fl' A 6J°?1 Gtl" ` ~ v„ ,4es'~ls~"?r rra~o, 1 r'~is• 4 0 p ~D • I2 •21:ft 1 a -Nd ~ ^ • 64~~' ~ w ~ y t u 4 J' ~ ~ .I ~ ~ . ` ~uh~• 1 ~ 3 ~ q Z Y2 ' ~ 1 ( ~~~L~(J) • ~ l0 ~ *012 ~ w r w tp „ ~ M '07 ~ _ ~ ! o.s a ~rl 7`~ r ~ TFENTH A~N~ - . ~ ~J . , `IRAySA"ER',CA TITIE CON9PANY „ NpRYH 720 ARGONNG ROAD ~ SpOl:ANE, ti''JA. 94206 , r , - I w C d .►7 This print is made solely tor th ~Yi~~~ui'~ n4 ln loceting said Qremises and the com~ liebility for variations, it any. in d+nwn:lsPJ atA location ascertamod by •clwl survty., , • r - • • ~ . , SOUTH 813 PiNES ROAD • SPOKANE, WASHINGTON 99206 S ~ ~ 'J ~J J ' Cg \ ~ N I _ ~ l ~ R ~ , ~ ~ ~ r5091 928-7900 I.- ~ /1. ,4r~~s.. _ ~~u~a~ - . r l / ~lr. Wally Hubbard October 12, 1979 Plat Administrator Spokane Cownty Planning Department North 721 Jefferson Spokane, Washington 99260 Re: Riegel Heights P.U.D. Dear Wally, Enclosed, plEase find the receipts for certifie+d mail and return receipts for the above captioned project. Sincerely, Robert J. Beth.ards / R E C E V E 0CT 1 1979 SPOKANE COUNTY PLANNING DEPARTMENT N G REALTOR ° ~ ~s . FINDINGS PLANNED UNIT DEVELOPIV:ENT (Final) PUDE-1-76 - RIEGEL HEIGHTS ADDITION NO. 2: RIEGEL I. SUMMARY: November 12, 1976 the Spokane County Planning Commission approved the Preliminary Ptanned Unit Devetopment for Riege! Hefghts Addltlon No. 2, and requlred the applicant to submlt a final development plan of the proposed project to the Commission wtthln one (1) year. The appltcant's orlgEnal request was for an eleven (11) lot stngle family residential subdtvlston, PE-1058-76, with private streets, security fencing and securtty gates. The oniy legal means hy which the subdivlslon could be established with prlvate streets was to lncorporate the vubdivision request with a Planned Unft I3evelopment proposal. The applicant's proposal is compatible with adjacent and surrounding iand uses; ls consistent with the Spokane Reglonal Comprehenstve Plan and the development poiictes of the Comprehenslve Plan and the purpose of Chapter 4.20 Planned Unit Development; has or can provide adequa'te provisions fvr circulation, sewage disposal, water and fire protectlon. II. MINUTES OF NOVEMBER 12., 1976 PIANNED UNIT DEVELOPNENT (Preltmtnary) PUDE-I-76 - PLANNED UNIT DEVELOPMENT FOR REIGEL HEIGHTS A DDITIGN NC. 2 Planning Commtsslon Recommendatlon for Prelimtnary Planned Untt Devel opment: Approve PUDE-1-76, Planned Untt Development for Rlecte! Heights Addition No. 2, subiect to the followlnq condlttons: (Vote was unanimous.) C . CONDIIZONS: 1. The advertised property shall be developed in substantial conformance with the preliminary development plan. 2. The applicant shall wlthtn one (1) year of the date of the preltmtnary approv8l submtt a final development plan of the proposed development for approval by the Planning Commission. 3. Provlslons for the control and preservatlon of future private rlghts-of- way shall be made prtor to the ffnalizatton of PUDE- i-76, and shall meet the approval of the Spokane County Zoning Admintstrator. - 8- PIANNED UNIT DEVELOPNENT; RIEGEL HEIGHTS NG. 2, (Contlnued) D. REASONS: • I. The staff is of the optnlon that PUDE-1=-76 and PE-1058-76 comply wlth the development pollctes of the Comprehenstve Ptan, the Staff notes that the Planned Unit Development concept allows areas to be developed to single family densfty requirements wlth minlmal impact and disturbance of natural terrain and adjoining stngle famtly restden- tial development. 2. The project satlsfies the purposes of the Ptanned Untt Devetopment Sectlon of the Zoning Ordinance. A planned untt development has the followinq purposes. a. To permit flexibillty in destgn, placement of bulldings, and use of open spaces, lncluding modEfication in requlrements for tot frontaqe, buildtng setbacks and design of circutation faclitttes to best use potentiat of sites characterlzed by spec:al features of geography, topography, si2e or shape. b. To encourage a more creative approach in the development of land that will result In a more effictent, aesthetic, and desirable environment ln harmony with that of the surroundinq area, whtle at the same tlme malntaining substanttally the same population density permttted !n the zone In whtch the project fs located. 3. The Staff notes that the denstty of the Planned Unit Development project !s considerably lower than the maxlmum density that the Agri- cultura I Zone woutd allovv. 4. The Staff ls of the optnlon that the pre.liminary plat and PUD plan ln conjunctton wfth the sttpulated condttions for neighborhood traffic circulatlon, public water supply including fire hydranCs, sewage dlsposal, amply open space, recreatton areas and the design require- ments of Chapter 4.20 of the Spokane County Zoninq Ordlnance comply with the purpose and provisions of the Planned Unit Development Sectton of the Spokane County Zoning Qrdinance. E. STAFF ENVIRONIV;.ENTAL REVIEV; As required in WAC 197-10-320, the Staff of the Spokane County Planning Department reviewed the environmental checklist submttted by Mr. Robert D. Riegel for a preliminary plat and PUD. The proposal ls located approxlmately in the SE 1/4 of ST/t" 1/4 of SE 1/4 of Sectfon 23, Township 25 N., Range 43, E.W.N., adjacent and north of 16th Avenue approximatety 500 feet east of Carnahan Road. The proponent is requesting to subdivlde ten acres into eleven lots to be developed for single famlly dwellings unlts, creating a gross density of 1.8 unlts per acre . 8 A - OL PLANNED UIVIT DEVELOPMEIVT: RIEGEL HEIGHTS NO. 2 (Continued) The slte !s located on IO to 20 percent sloping terrain with rock outcropping and sparse coniferous timber. The Staff review has identlfled three potentlal areas of environmental impacts. First, and common to ail subdtvision, Is the increase of motor vehlcle trafflc and all the effects associated therewlth. These would include such tmpacts as Increased air pollutlon, spectfically suspended particulates from untmproved streets, increased noise, and lncreased public safety hazards from traffic. A second potential envtronmental lmpact area considered was the lncreased . demand on publlc services and utllltles. This would Include such factors as increased requirements for police and itre protectlon provisions of addl- , tional school, park and recreattonal factlEttes, and additional matntenance requirements on all county facilitles and roads. This would also include such lmpacts as associated wlth extenslon of uttlity ltnes (power, natural gas, telephone) and the provision of suitable long term sewerage, domestlc water, storm water runoff, and solid waste disposal systerris. A third potential environmenta! impact revealed by the Staff evaluatton ln- volves the subsurface injectlon of sewage effluent and storm water runoff. Thls waste water placed at a depth will percolate downward toward the Aquife rather than evaponatinq back into the atmosphere as under natural conditions. A portlon of the contaminants wlll llkely be flltered out of thts waste water, but the resulting quality has not been determined yet. A total of approxima- tely two acre-feet sewage effiuent will be disposed of annually. The concluston of thls environmental checklist revfew is that no signlftcant envlronmental impacts wtll likely resutt from the proposai If the speciffed mltigating measures are adoptedo Therefore, lt !s recommended that a Declaratton of Non-Siqntficance be issued and an evironmental impact Statement not be required. - 8 B - tit1 ~ I t' ~~l ~r lf~2tj i Transamerica • Transamerica Tftle Inaurance Compeny t TItl6 InSUt"dnCe SCrvICBS North 720 Argonne Roed 'j'~ Spokane, Washington 99206 (509) 922-2222 ' .;N' ~ SECOND , . • CERTIFICATE TO PLAT ~ ard.er $0 . 02241-M, ~ . ' Certificate for Filing Pr.Qpossd,' Plat of RFGAL HE;QHTS FI.tkNN~D . . , , ~ • ,UNIT AEVZWPMNT , • ` , • ! County P1$nnipg CQmanis$ion , ° ~ ° _ • , N. 811 Jeff$reon ' ~ .y . : , ~ ~ . ~ • , , Spokane, '-Wgphing~op ' ~entle~n : ~ ~ , ~ . . ~ i ~ ~ ~ ~ . : j , ~ ~ , • , ,hi4 Cq~pany In the, nattex of the plat submitted 'for iour'4ppro'val he'rk'oj,Spokane, has'examined the're~ords ot the County Auditox~ a~d County County, Washingto}~, and the tecords of the Clerk qg the, United $tgtes,. Couxts holding tq.~ta'in said ~ounty, and from such examin~tion l~erel~y certifies ~hat thg Fti~je tA the following descr~bed land q,ituate, ip' Spokane County, to-wir : ' . • - ' . , . , . , . ~ ~ ' As hereinafter set forth; (aee page 3) . ' ' ' - ' • ~ , , t , ~ ~t , r : ' VESTEA IN ; ~ ~ • ~ ~ ~ ~ . ROBERT DEE RIEGEL, as his separate estate ~~.~r' • , , , < < r { . ~ ~ EXCEPTIONS ; 1. General taxes for the ],ast half of 1977 in the amount Qf'$152.52, . including- Weed Distr-ict Tax (Parcel No,. 23534-4123)- t.s • ~ 2. EASEMENT AND THE TERMS AND COiJDITIONS THEREOF • ~ Grantee The Washington taater Power G.pr.ipany p..corppration Purpose: Electrical transmisaion line'4nd ~~~e0one system, with right to place 0 pole8` 4a xight of , overh$ng approximate-ly 30 feet North; ;Qf tho . , . South iine of said Sqi4thwest qt*xter- 9f the Southeas t quar ter tagethex w#,th ri,&tjp tq_Xgwove brush an&trees ~ - • ' w"~ ~ Dated: March 31, 1955 Recorded: April 22, 1955 Recoxding r1o.: 312318B SEP 121977 (continuedl) , , f / Page 2 Order IVo. 82241-M Second Certif. to Plat 3. Right to make necessary sloPes for cuts or fills upon property herein described as granted to Spokane County be deed recorded under Recording tJo. 438660C. Records exarnined to August 30, 1977 at 8:00 A. M. TRANSAP'IERICA TITLE INSURANCE COMPANY ~ ~ , ~1 By: Dennis Roberts Title Officer cc: Ralph E. Flagan { r' Page 3 Order No. 82241-M Second Certif, to Plat DESCRIPTION: That portion of the Southwest quarter of the Southeast quarter of Section 23, Township 25 North, Range 43 E. W. M., described as follows: Beginning at the Southeast corner of said Southwest quarter of said Southeast quarter; thence North 0°26'0$" West along the East line of said Southwest quarter 30.00 feet; thence North 89°48'33" West parallel with the South line of said Southwest quarter 280.00 feet to the true point of beginning of this description; thence continuing tdorth 89°48'33" West 304.10 feet; thence on a curve concave to the left having a central angle of 18°08'S6", a radius of 643.00 feet, for a distance of 191.00 feet to the South line of said Southwest quarter; thence PJorth 89°48'33" West along the South line of said Southwest quarter 46.36 feet; thence North 0°23'09" West parallel with the West line of said Southwest quarter 30.00 feet; thence North 89°48'33" West 170.82 feet; thence North 0°11'28" East 150.09 feet; thence South 89°48'33" East 200.00 feet; thence North 0°11'28" East 716.61 feet; thence East 429.90 feet; thence South 0°26'OS" East 531.51 feet; thence North 89°33'S2" East 133.59 feet; thence South 57°41'10" West 71.20 feet; thence South 0°09'26" West 299.85 feet to the true point of beginning. Situate in the County of Spokane, State of Washington. ~ , , FINDINGS PLANNED UIVIT DEVELOPIVoENT (Final) PUDE-1-76 - RIEGEL HEIGHTS ADDITION NO. 2: RIEGEL I. SUMMARY: November 12, 1976 the Spokane County Planning Commisslon approved the Preliminary Planned Unit Development for Rlegel Helghts Additton No. 2, and requlred the applicant to submit a ftnal development plan of the proposed prof ect to the Commis slon withtn one (1) year. The applicant's original request was for an eleven (I1) Iot sinqle famtty resideatlai subdtvlsion, PE-1058-76, wlth private streets, securEty fencing and security gates. The only legal means by whlch the subdlvisEon could ' be establlshed with private streets was to incorporate the subdivision request with a Ptanned Unit Development proposal. The applicant's proposal is compatible with adjacent and surrounding land , uses; is conststent with the Spokane Regional Comprehensive Plan and the development policies of the Comprehensive Plan and the purpose of Chapter 4.20 Planned Unit Development; has or can provide adequate provisions for circulatlon, sewage dlsposal, water and fire protectton. II. 1VIINUTES OF •NOVEMBER 12., 1976 PIANATED Ultl'IT DEVELOPMENT (Preltminary) PUDE-1-76 - PI,ANNED UNIT DEVELC)PMENT FOR REIGEL HEIGHTS A I?DITIC~N NO. 2 ~ Planntng Commission Recommendatlon for Preliminary Planned Unit Devei opment: Approve PUDE-1-76, Planned Unlt Development for REeQe! Helghts Addition No. 2, subiect to the followinq condttions: (Vote was unanimous.) C . COATDITIO;VS : 1. The adverfiised property shall be developed in substantiai conformance with the pre.liminery development plan. 2. The applicant shall withln one (I) year of the date of the preliminary approvai submit a finai development plan of the proposed development for approval by the Pianntng Commtsslon. 3. Provtsions for the control and preservation of future private rights-of- way shall he made prior to the finalizatlon of PUDE-1-76, and shatl meet the approval of the Spokane County Zonlnq Adminlstrator. - 8- , 1 PLANNED UNIT DEVELUPNiENT: RIEGEL HEIGHTS NC. 2, (Continued) D. REP,SONS: 1. The staff is of the optnion that PUDE-1--76 and PE-1058-76 comply wtth the development pollctes of the Comprehensive Plan, the Staff notes that the Planned Unit Development concept allows areas to be deveioped to sinqle famlly denslty requtrements wlth minimal lmpact and disturbance of natural terrain and adjolning stngle family restden- tlal development. 2. The project satisfies the purposes of the Planned Untt Development Section of the Zoning Ordinance. A planned unit development has the . following purposes. a. To permit flexibility in design, placement of butldings, and use of open spaces, tncludtng modificatlon !n requlrements for lot frontage, buildtng setbacks and design of circutation factllties to best use potentiai of sites characterized by special #eatures of geography, topography, size or shape, b. To encouraqe a more creative approach In the development of land that wtll result ln a more effictent, aesthetfc, and desirable environment !n harmony with that of the surroundtng area, whtle at the same time matntatning substantlally the sarne population density permttted In the zone In whtch the project !s located. 3, The Staff notes that the denslty of the Planned Unit Development project ls considerably lower than the maxlmum density that the Agri- cultural Zone wouid allow. 4. The Staff f s of the opinion that the prelEminary plat and PUD plan in conjunction with the stlpulated condttions for nelghborhood traffic clrculation, public water supply inciuding fire hydrants, sewage disposal, amply open space, recreation areas and the design require- ments of Chapter 4.20 of the Spokane County Zoning Ordlnance comply wlth the purpose and provlsions of the Planned Unit Development Sectton of the Spokane County Zontng Ordinance. E. STAFF EIVVIRONNEILTAL REViEV: As requlred in VtTAC I97-I0-320, the Staff of the Spokane County Ptanning Department reviewed the environmentai checklist submltted by Nir. Robert D. Riegel far a prelfminary plat and PUD. The proposal is located approximately in the SE 1/4 of SW 1/4 of SE 1/4 of Section 23, Township 25 N.,. Range, 43, E.W.N., adjacent and north of 16th Avenue approxlmately 500 feet east of Caraahan Road, The proponent is requestinq to subdivlde ten acres into eleven lots to be developed for single family dwellings unlts, creating a gross denslty of 1.8 unlts per acre . - 8 A - 1 M PLRIVNED UNIT DEVELOPIVtENT: RIEGEL HEIGHTS NO. 2, (Continued) The slte is located on 10 to 20 percent sloping terratn wtth rock outcropping and sparse coniferous ttmber. The Staff review has identlfled three potential areas of environmental Impacts. Ftrst, and common to all subdtvision, is the increase of motor vehicle traffic and alt the effects associated therewith. These would include such lmpacts as Encreased aIr pollutton, specfftcally suspended particulates from untmproved streets, increased noise, and increased publlc safety hazards from traffic. A second potentfal environmental impact area constdered was the increased demand on publlc services and utilitles. This would include such factors as increased requirements for palice and fire protection provislons of add1- a, tional school, park and recreational facitttles, and additional matntenance requfrements on a!1 county facillties and roads. Thls would also tnclude such fmpacts as assoctated with extenston of uttllty 1lnes (power, natural gas, telephone) and the provlsion of suttable Iong term sewerage, domestic water, storm water runoff, and solid waste dlsposal systems. A thlyd potential environmental impact reveated by the Staff evaluation ln- volves the subsu.rface injectton of sewage effluent and stor•m water runoff. This waste water placed at a depth will percolate downward toward the Aquife rather than evaparating back tnto the atmosphere as under natural conditlons. A portion of the contaminants wlll likely be ftltered out of this waste water, but the resutting quality has not been determined yet. A total of approxima- tely two acre-feet sewaqe effluent will be disposed of annually. The conclusion of this environmental checklist revlew ts that no slgniftcant environmentai tmpacts will likely result from the proposal if the speclfled mlttgating measures are adopted. Therefore, lt Is recommended that a Declaratton of Non-Sl,qniflcance be issued and an evtronmental impact Statement not be required. _8 g_ ~ ~ I ~ i3~111iLl1~ ~'V ~a+./~y.~l 4~/r 1~J/ 1 ~iJ3J~.~1V~~ ~L/ ~ • ~~Lriei.~~ ~i V~~ ~ V~~ L 1 1~~~4~ 'V V~~~~#V~ ~ ~ ` t T~me~ ~'rid~y, 4ctaher 28t 1977, 9~:f~~ A.M, Pl~c~. ~~nf+~renc~ Roo~m A~ ~ou~t Ha~se Ann~c ~ ~~T~~ M~~i~n A~enu~ er~t~a,~ce~ PIAI~I~ED 1~I~I~ ~~~'EL(~PME~VT ~ ~ PUL~~-1- 7~{ F~~a~l Flanrr~d ~nlt 1~~~~~~~m~nt ~'l~n ~ a. Lcc~~tior~; ~~ct~~n Tvwns~tp ZST~., ~3, E.~.t~I. That p~rtion o~ th~ SW 1/4 of th+~ SE 1/4 of said o S~c~ic~t~ ~3~ d~sc rib~d as ~c~ll~ws: B~~tn~r~ng ~t th~ ~E ~arn~r ~f s~ld SVIT I/4 ~f 4f ~ald ~E 1/~; t~~nce S~ ~~28'0~"~N a14nc~ th~ E Iine c~f Said S'W 1/4 f~et; then~~ ~T ~~°48"33''"~T p~ara~llel wit~ t~e S lir~e ~f said SW 1~4 2$Q f~~t t~ th~ tnue - P~JB; t~,~r~ce ~c~~~~~uing N 8~~48'33"~ 304,~+D feet; t~~n~e vn a cut~~ concave tv t~e left, h~ving ~ c~r~t~~ anql~ vf a$'~6 ~ ra~~~ts Q# fi~03 ~~~t, for ~ d~s- _ tanc~ c~f 1~1 ~~et tc~ th~ ~c~ut~ lin+~ o~ sa~d S~ ~/4; t~e~ce N 89° 9~'33"~I1T aZr~ng the S I~n~ c~f sald SW 1,/~ 4~fi.3~ feet;th~r~ce N~° ~3'~~"W par~ll~l w~th th~ ~ l~~n~ vf sald ~W ~,~4 ~Q feet; th~nce N` ~9° 48'33 "W I7~~ 8~ f~~t; thenc~ 11' ~~"E - 1~~ .U~ f~et, tl~ence 5 8~~ 48' 33 "E ~OQ f~~~; thenc~ N 0~' ~ 1' 28"E 71~ 1 f~~t ~he~~~ ~ 429.9 ~~et; th~n~~ S 0°Z~'~8"'E 53~.51 fe~~ th~nce N~9°33'S2"' 1~3.~'~ ~ feet; ~h~nc~ 5 5~°41'I~0"W 7ip~0 f~et t~~n~~ Q~'2~6"W 299.85 fee~ ~o t~e tru~ PC3~, b. ~App~ican~: Ro'~~r~ Ri~~~~ Sp~t~ ~ II Houk Ra~ad ~~~kan~, 'W~ 99~~6 - ~c. ~i~e ~~z~: ~,0 a~r~s • d. ~xist~ng Zoning: A~rtcultur~l~ est~bl~slaed A~r~~ ~1, ~959 e. ~r~p~~s~ed ~~r~ing: No ~har~~e. The pr~perty ~r~ll be dev~l~p~d ~n ac~c~r~~n~~ w~th the p~vi~~~ns of a Plar~r~~d Unit - 1~e~~lopme~t ~ ~ ~ ~CapC1S~?f~ L~S~ Of ~I(~j~~l'~~': ~~1~C~~° ~dt'~i~~]7 ~W~~~,~,I1f~3 ~p~l~~~ti~n a~ ~~~ir~~ Prov~~~on: Chapt~r ~.Z~, Se~t~c~r~ ~.~0,03~ Ehvirc~n~~r~ta~ Im~~~t: A topi~ of ~iscassfon at th~s he~ring may b~ w~eth~r ar not t~l~ pro~o~~l will ~~v~ a sl~~if~~nt adv~rs~ ~nvironm~nta~ ~mp~~t . ~ ~rn~ _i{ .~iN~~ ~~~+rr itl~.. y~ ii~'~~ i r ~4 f ~ ` ~ 'y ~ r ~ r , ! « ~ ~ , ~ ~ ~ I~..Mw . . J , r~ . ~ ,i i ~ ~ , A~~~' - I; ~'L.~I i~~- ~ 1"l , _ ~ .t,~., . r1 yI ~N`• f ' ~ ~1~n ~}il ~~1' + i ~ !~1/ Y/I~y,~/1 ~ '~ll I 1 ~ YI~ ~,AYJLJr ~ ~ ~ ~ ''r~ L~~ I , ~~;'~a,. ; ,~,__~~r_ ~ ~ t _ I ~1~.~~~ ~~~t~._ R _ . . ~ j'R, ° ~ ' I , °"~'i~ r ~ _~}7~ ~ °k ~ , .~~~F ~ 'i'.~ ~ ~ f, ~ • ` 1 I ~ • I , ~ ~ ~ ~ ) t L /1 ,E I t Ti ~ w ~~u~~o~i~ r.uu~oiy riaorir~iry u~par~rn~rir FpAM B~AQ PLNQ, St:N t I! N Complrte itrmt I. «:,.I ~ . Adt1 your addresic in thc "KLTL'R.\'7U" ►pscc .:r: ~ ~ rrvme. w ~ t Thc fnllow•,nF xr% ite ,s requtstrc3 (nceik one). - ~ tn whnm and ciatc dcl' ••crtJ row ow to whom, datc, and sd,~rc- ~o RC5TRlCTE[) DEl.IVFR1' Sho.v to whiim and daec del;-.c-re..i ; KF.STRICTFD DFL1VFRN'. tihur► ro wham, datc, and adtircta a( drlivrry S f ( (-)NSi'LT F'C1STMA5TFR FOR fEFS) ARTICLE. ApDRESSED TO.~ ~ Z 3. ARTICLE DESCA(PTtON: m REGiSTERED 1V0. CEATIFIED NO. lNSUREO NQ, 0 T I (aways obeKn ~ipwtu~ u/.dcfn~« ow aperttl ° I have rcceived the article dsscribrd abavr. ~ StGNATURE qd.ir Auttiorircd agrnt ~ m n 1. C OkTE QF DEIIVERY ARK ~~,'~f o AU6 U 19 ' _ Af 5 ADORESS (Comptot• ontr tl ro'~uost ~ O ~ ~ . M 6 UNJ18lE TO DEtIVER BECAU5 - ERK'S ~ ~ - . ITIALS ~ -771 ~ ~ r; 4~017~i-:f2•t~2 y Sf'tiUER Comrlcte llemn I.:. s-;d ± a Add yaur eitdim w thc 'FtF: ii,:Kti Ttl":pacr +in 3 trrene. T'hc iolinwing srn,<:e ss rrclucstrd (chrck onc). ~ } Shnw ro a•ham anci aasr 3cli~'rtrd . . . . . . " ~ Shax t<► w•hom. dalc, and address of deli%crv t „ =o f ; RCSTKiCTFD DFLIVER~' shaw co whum snd date drhvrrtd ¢ j -J RE.STRICTED DELIVERti'. <hnw ro wham, dnte, and vJJrrsa o[ drlivery S (CONCi}LT POSTTIASTER FC)R FFES) ? ARTICL~AODR SSCD ~ ~ ~ ~ ~ 3. /1RTIClE DESCaiaTioa: ~ m REGISTERED NO. CfRTIf1EO NO. iNSL1RE0 NO. m ~ - . ' .7 O T I ta.wy~ obdn siomwes ot ~ddra~ wapKrt) ~ I have rrceived thr arlil71e desrriksed above_ ~ SIGNATURE ❑ :lctdreskr 0 Authorized ugcnt m ~ c ~ ~ > 4T C OE pF DEIIVE P47 PpS ARK m m Aus Z S ADDRESS (Comploto onty,t rlrpoatt*d) A • ~ [ ~ T 6 l1NABLE Tp DEIIVER BECAUSE C RK'S ITIIILS r ~ crn: ~►:~.--r~: ~ k .:t - :1i1J ,.c~.tf idJlts: :n !hc 'Kh i };!r 1 U ' . . ; RRtR. The follow•mg srrcitr is rcqucstrd ((heck onr- j ,n c~+w e~~ u•hnm and ~iarr deii••ercd c ~}taa tn wham, dArc, and addrns of tkir~et p :y ` a RESTRICTI:D DFL{N'CRY Shua• to whnm and diie dcl:rcrc-d j- 1 RFSTRI(TCI) DELIVERl'. I Sh<<:v tn whorn, datc, xnJ address of detivcry 5 I ( t)NSI'LT PI)STAIACTER FOR FFE5) 2. ARTICLE ADp!~SSEU r. T. C ~ REGISTERED k0 CERTIFIED NO . _ • . 7`° ~ t (Alwtyt 06iOM tipMtu►s of odtltsssue .;r i ha.•t reccived tAe articir deurihrd •rt,.,. ~ SICNATUFtE 0 :1JJresser ' . , • 70 Q ~ , ~ ~~4✓ ~ ; OATE O DELIVERY POS'►fAri, 9 m 4i.~ ~ I ~ S. ADDFVBfj(C0rtip) oto only rf raauoshd)' 0 n ' m ~ _ T 6 UNABLE TO OEIIVfR BECAUSE CtF.RK' m INITM{~~ f ~ SFM Gk_K :irillf 1. nnd ~ A 1.1 your nwldreas tn the "ItF.1UKN IU" spnce on - trvrne. ..1 " i Thc follow,n}; str% ice is rcqutstcd (chrt'k onr). - ~ Shnw to whnm and datc drlircrtd. ....~,ti y K SIIAW (n Whom, datr, and addrrsc nf deli~-ct}• s _ '7 RLS"T'RiCi'ED DELiVf:RY yhow tu whom and dacr dr(ivcced. ; i kES'1-RlCTED DEI_fYER1'. Show io whom, datc, ;and addrcss of delivery. s iCOItiSULT PnST16fASTFR FOR FFTS) 2 ARTICLE ADDRMO TO. ~ m LJ ~ C m Z 3. ARTICLE QESCRIPTION: • n REGISTEREO NO. CERTiFIED NO, iNSURED NO. m r~- ~ ~ T i (Alw~yr abLlin ~cun af &ddesetN or nqentf e i have rrccived the artide dcscribed abo%,r ~ ~ SlGNATURE ~ At1~~fYtSCC ~ r1 lflucV,~1:1c!c•tiI m m v z s. ~ DATE OF OELIvERr POS~ I 7f . ~ ~ S AODRESS ccoma►•t• onry ir reQu M ~ 6. UNABIE TO OEIIvER BECAUSE• I ~ • _ -I v°i ~ ~t ~~l~t ~ S Ictc .tr;ns I :.:ci~d r 1:1t1 ~ uut i1dtcss in tiir "it[;Fl!ftN TU" spxce on ~ tCrcnc. 14 w m i Thc fu11ow•ing strvicr is ntilucstrd (check cmc) > ,i4Show to whc►m and datc drlivrtrcl . . . . . . . _ Shovr tu whom, date, ard address of de{ivtry t ~ RECTKiCTkD DEI.IVI=R1' Chow• to ahum and dace dtlivcrrd.... a ~ RCST'RIC'I'IED DEI_It'ER4'. 5hoa ro a•hom, datr, and addrrslof drlivcry.$ (C(~NSI'LT Pt)S7TtA4;TFR FC)R FTES) 2 ARTIC E AODRESSED TO: ~ ~t t. , ► cr t ~~1-~-! ~ ~ ~ ~ Z 3. ARTICLE DESCRIPTIOH: n REGiSTEREO NO. CERTIF{EQ NO. INSUREO NO. m ^ 33 m I IAlwtyi obtain ~ip+aAr►v ot addrw~w or aqrntl ~ 1 havc rceeivcd thc articlc drscn*txd abavr ~ >OATE IATURE ~ .qdclrcc~rr ~ .~uthutizcd agrnt ~ m tn ST OF DELIVERY ~ o ~ z S AOURESS (Complato onfr rl rtqves Q S 3D " 6 UNABLE YO OEIIVER BECAUSE- CLERK'S ~ INITtAt& ~ ~ L SENilER ("ompietr ttrms 1. anJ ? -M Add ynur nddtesa in thc "Rf TtiFUi TO" spacr un i ~rCCfe- ~ 1. Thr fnllawcn}; srr% OLe is rclIucstr(! (chci:k one) ~ (l;Y':5how rv whr►m and ds:r dciivrrrd .~„c I (-1 Show to whom, ddtc. and address of,4cticerj• ~ - ftFSTRiCTf I) UELiVER1' ,~haw• ro whc►m and datc deh%crrd . ~ RESTRIC'i'CD DELIYERY ~,hnw to wham, datc, snd address of Jr~lvrry S irONSt'L'1` P(1SThtASTER FOR FFf.S) 7 ARTtCLE AOORE EO TO: m ✓ ~ 2~p Z 3. ARTICLE DESCRtPT101Y: m rm REGISTEAED NQ. CERTIFIED NO. INSUREO NO ~ I (awe1►t obeain tiqntttn of ddreos~ or aWnc1 I m 5? I ha%.e rceriv d thr a~ le des •'bcd abyve. tn • SIGNATURE a C C) altttir.►ti:rd .tgCnl ~ C D E aF l.IV R f? ..~MARI~' 1 ~o _ i o . 4797 S. A~pRESS (Comp ofo W+1 rf repuisNid) 9 Z / I v n , r 4 6 UNABLE TO DEUVER BECAUSE• C . ~ f L. C ; D ~ - er._ r>>~•s::-~e; , ~ 3; • sENDl:R. con,ploa clema l. =.,iut a ~ Add Your addreaaln the "KE:TUKN 7cl",~,.~ ~ rtxeno. ~ 1?hc fn11owcn}; srrvirc is reyuestrd (checit onc > Show ro whnnti and datc drli-vc-rrd a - Sf1Qw !u wtl(ifTi, fi1tC. 1f1d lt~~'rc = • ! ,!r ! t•; , ti m Rf.STRICTkll DELIL'ERY Show ta whom and datc drh•. crJ , F-1 RESTR(CTED DEI.IVER}. Show ro Rhom, datr, and ad 17e1. ,'-c d-1r, cri- c (CONSl'1.7' F'115TA4A5Tl:R R)R FFF`) ? ARTIcLE AonaESSeu o: O1.&-v/ ~ t-.~ ~ ~ Z 3. ARTICLE DESCRIPTIQN: m ~ REGISTEREO NO CERT►fiEU NU ir~SURED :v0 rn T i (AFwY+ obtafn ffqn~tun o1 ~ddrasss0 cn aQent) Q I havr rrcrivcd the irtitly drxribcd abavr ~ S TU ❑ Attcircsgec ❑ Auth~rr. r.t a•rnt '"r• ~ ~ T i EIIV ~i PbST61Rqi~ , t' in < faJ r, ~ ADQ E (C plate on o1 repuosted) o \Q 9i~/. T 6 UWIBLE TO DEIIVER BECAUSE• CIERK'S $ iNiriaLs a~o: ~r~a•ir~.c ~ ~ SFtiUkK Complctc items I. 2. and 3. AJd your,uldnm on the "RETLIRN TO" i, acc on ~ trrrrn° ~ I Thr fpl lowin{; scrvu c:s rcilurstrd ( cht<:k onr ) D ~Jiaw hnw to w-hom and datr dclivcrcd to whom, dicr, and address of dclivcr}• r S EtFSTRiCTt:D DfLI%'FRl' tihaw to whom and datc dellvercd 4 }tESTRIC.~TF.D DEL1VER1'_ Show ro whom, datE, and ad:frrss r+f drlivrn• f (CUNS['I..T POtiTMrtSl"ER Ff)R FF.f'.,) 2 ARTICLE ADDRESS£Q ? ~ ~~G •~LJ~ `✓"L/" ! - ~ T -4 C /1 ~ Z 3. AR lE D'€SCRIPTION: M tn fiE O~10 CERTIilEO NQ. INSURED NO. T ` 257 ~ - ' ~ x I INw~Y+ ab n ~i0nrtun of addrsw~ or MN~t) m „ ~ have rcccived t_. articly drxribcd abc>vr. -7 m TUR6'' A~drrssec ❑ fliithurizcd agrnt m ~ m O I • ~ ~ OEUYERY ~ ~f• Z DORESS (Comp►ott oNr ~f 1~49u*sted) CA m ~ ` ~l J ~ 6. UNABLf TO OELIVER BECAUSE• • ~ IN1, IR ~ 3I!l' 1!V'f:/i _ ■ ~ ~Etii~! k c 0-Mplctc Rcrils ~ : •10 ; ^ llad your addre;s ir. i nr k l: t l. itN 1 Q-sFei cCM ~ ; te~tnt- 1 Thc follow,n4 scr-.«c is rerjucsccd (thcck onr) ~ Show to w•hum and aare dcfi+•cred ' Pto w•hom, date. ar.d 3ddres: .A!:•.~•~, ; RFSTRIC.TI_D DTLIVCRI' ~how cQ wlwm and d-tce deh%ered . ; R ',"-';TR(CTED bELIVERY. '+nvv tn whom, claEc, arscl JadtCSS nf deIivNfy. S i ('<1NSl'LT POSTr1ASTFR FnR E'EES) ? nprIcLF aoaEs Eo To. p m -4 C 7J • Z 3 AR71ClE DESCpIPT10N: ~ r++ REGISTERED NO. CERTIf1Eta Na. INSUREb NO. r i (aw." obdr, siws~w. or sa~. a.wi) I have recrived the article drscribed abavr. m n SIGNATURE ~ p~,~~r~rr~-,:_~~~ p ~ ~ S. ADORESS !Compiote onlr it reQ sto ~ X 5. UNABLE TO OELIVER 8ECJIUSE _LERK'S iNiTtALS ~ ~ ~ ~ SFNf?!.N C"omriatt items and 3 Add yout acldnu in thr "RE'[LI1tIi i'U' sj+atc on , teverec. ' I Thc following srr.•«r is rrciuested (chc(k nne}. = Show to Rhom and dacr dclivrrcd I~Show to wham, datr, gnd tddress af delircty ~ f. RFSTRICTED DEI.IVCR1' Shaw to whom and d•rcr delivcrcd. . . . ~ RES`I^RICTED DELiVTRY. tihow to vvl.om, date, and addrtss of dclivery S 4 cO1,'Sl'LT FOSTMAS7FR FOR FEES ) : A.►tTICLE AODRESSED 70• a . , u - 3. ARTICIE DESCRtPT10N- n ~ REGlSTEREp NO. CERTIFIEO NC~ INSURED NO. a ~ ~`rLL~tr d ~ s taw.y. oban Apuftm of .adrome o• apwrts ~ 1 have rrceivcd thc artidc described abovr. -4 SIGNAT)itE 0 Acf ressee Q.4uthuriz{d agrnt " ; - - 1 . >6f4rE ' ! - ~ QF qELIVERY % PO.S?MAAK ~ o < r s. AooR ss (comai.te on,r or ..vu:sad) 12b, , 6. UNABLE TO DEItVER @EUUSE: .CLERK'S INITIAIS 1 i- =•o: i■•s . : c'01nplctc itcrns 1. 2.attd ~ AdJ yow oddrns in i!x "R!_I'l!kN T'u" tpuccm ; rare~s. Thc fnlloM inF scn-ice is reciurstrci (ncmk onc). D , he~w rt, a~hom ind <lacr dclirrrc^c! . . . _ ~.~.c ~ haw tci x•hom, datr. and address of drliverv q RF.STRICTl:D UELIVERl' Show to whom AnJ Jsle dclivered.. ~ ~ I RESTRiC_Tr.D DE1.fVERl'. show ro vvhnm, ciatc, and address ai Jrlivrry ~ (C.ONSt'1.T POSTMASTfR ft)R FF.rS) z ARrIcLE AooRESSEO ro- ~ ~ -4 c m Z 3. ARTICIE DES[ii1PT10N. 2 ~ REGtSTERED NO. CERTIFIED NO INSUREJ NO. r' ~ m i (Alwhn obcNn *qnrnu~ of ~ddrww cu pmd ~ I have rtcrivtd the xrtiely dcscribcd abowr ~ SIGNATURE 0 :1~idresscc ~ Autlwr' T O ~ OATE Of pE ERY . *OST1NARk ~ { ~ m O ` v S. ADDRESS lCompletc onlr ot ►*qwstod1 197(] .7 % \ Usp~ ~ ~ M 6 UNABLE ?O OEIIVER pECAUSE CIERK'S 8 INITUL& D L , •a . •S~fS i Add yout .tad:rs.s ir. ;r,c I~f ! l'k\ rc, }r,,_• ,r t~et'etfe. Thc hi( inwing srtv,it is mlucsted ( chec k onc ► ~ I how to whnm asid ci.itr dctovrrrd o t' . how m whom, date, an.' , 4 RFSI'RlCTf:D DELIN'I Sfxiw- to vetron and datc , - . KUS7-ilC.'J'f:D DELIVERY. `•i,a• (u whum, d;te, anJ addsess nf dclivcry S ()NSl'LT P()STAtASTER F()R FF.F.S) 2 AR7ICLE ADDRESSED TO: ~ . rn I z 3. AR7ICLF QESCRtt>'!ON z m REWSTEREO NQ C[AT►F If t',) rjc z = (l►►w.q+ obaAn sipatu.o of Wddnn:.- i~, , r, ~ I havc tter.ivrd thc article dcurihrd ab• y SIGNATURE AJJtc&scr ❑ ~ :n ~ 2 4 .J OATE n Rc; - rw ~ ~ • . M r s Aoer+ESS ccomp,.ro on,r or ►.vuesada ' ~ v ~ m . ~n • M 6. UNABIE TO OELIYER BEGAUSE: Y CieR►c'1, ~ ~ INITiA ~ ~ - _ ~ . • ~ - : r ~ SF:NI?EFi CQmplcte itcros 1, aml Add your addresb tn thc "iikT UR\ Tu' spoce ~ teret~e . Thc foiloK•ing ter.•icc is rrtluesta! (rheck anc g Shuw to whom and datr du! i-. rrrd ~ Sltaw to whom, drtr. and sd-ire-s- ~.f :leliven' t ~ m RFSTRIG7I:D UELlVFR1 Show ta whom and dicc dr 1,,. r l RE STRiCTFD DEl.IVM wh,,w ta whum, date. and ad i;r•, r. ~ (('()NS['LT POSThtASTkR FOR f=Ff" - z AaricLE AooaESSE,~ 1 o:. ~ ~c~- ) ~ ► _ ~ , ~ m c x 2 3. ARTICIE DESCRIPTION ~ AEGtSTERED NO CERTIFIEO NU iNSUREO r40 ~ t (Alwwt cbtun s;wwiture oi addrome nt mpn; i I havr rcccived thc articlr Orseyi" sbavr_ ~ SIGNATURE Authul7ZCd .i•n: .2 1. ~ Ok E Oe DEIIV"Y ~ R►c \ I ~ S AoDaESS cComator• o.+iy rt roq ► ~1 ~ ~ ` ~ r~i ' : ~ 6. UNAEIE TO OEUVER BECAUSE __i1 Q 5 ~ t TIIItS 3 - D- ~ • ..r._ . ~ Sl:NUER ~ ~mplate 11ems 1, ttul ? 7 Add yatr asldtds jn thc "RETL: RN TO" sparr ort ~ rorcne. Tht follo-A•ing srnuc is mturslrcj (chec{c nne) ~ hnw to whc►m and dxtr dclivrrrd . . . . . . ( Show to whom. dair, and address c►f .Eclivcry ~ ,7; V, RftiTRf[_Tl.U DEL1VF=,R1' Show tn whnrn and dast drli%ered. . s ~ RESTRIC.1'T:D ULLiVERY ~hc~w• ~c~ x-hom. .latr. and address of drlivety ~ + c ONS('L'T Pf)STM:IST'ER FOR FfES) 2 ARTiCIE ADOWSEO TO: ~ m ~ ~ Z 3. ARTICIE DESCRIPTIpN• s n REGISTEREb NO. CERTIFIEO NO. INSURED NO. m m i (Alwwf obtdn tignatun a► rddrMtee a owtl p 1 have rr.ceived t}►r articlc dcscribcd atx~vir 33 SIGNAtURE~Ad:lmc~--t: ❑ atithurizect agrnt n+ OtiT QF OVC~Y PQSTMJIHK 31 S ` ^ ~ ~ / Z S AODRESS (Compt~to on►r rl reQuQS d) ffl ~ ~ r' i -m ~ 4 0 6. UNABLE TO DEtIVER BECAUSIE, K'S rn TIALS A 30 P y 0 5LINLif k~sr,i{ h:lr titttn■ 1. 2. anJ 3. 7 A" yuur aJdresa in the "Ri~.-i1.:Rti IU" spacc on ~ ttrerle e following st•r•iic is rrriuCSted (chetk tfne ~ a .hnw ia whnm and darr dclivcrcd Choa tu whum, daic, and aridcrss o( dc11.M ¢ ~ r- EttSTRICTf U DEI.IYf:RI' Shnw tc► whpm and datc dcli%crcd - RESTRIC.'I'FU DELIVfR1' to whom. dasc, and address of dcliscrti•, f , ~ (IINst'I.T Pl)STriAcI'FR FOR FCF1;1 I : ART1CtE I,QOR SSED T • ~ ' ~ m ' ~ C m Z 3. ARTICLE DESCRIPTION ~ REGISTERED NO CER71i'IED NO. INSUiiEp~lO. m m i lA1w.» obwn tiqn.cwe o,.aaiqw o►.y.nt) m j havr rrccived the articlc drsrribrd abovr ~ ~ SIGNATURE 0 Addrr-,ctr 4uth.tn7'ed ag~:it, ~ i 0 4 c bATE DLIYFRV Pp~TMARK r" Li i 5 AflORESS (Compi zonly of repuntfdl~ v ; " 6. UNABLE TO DELIVER BECAUSE- CL'E K'S . 3 D r ~ . . r. _ - • SF.NUtFi, C'3mplctc Itcm% l, 2, rnd 3. AdJ Yaut aJcfit+ui In thc °ItETI: kN 10" qacr on J ~ fCyCR ~ 1?u foilowing urvicc is rrrlursrct! (chcck onc) > how (t) whom and datc drli.'erec! A hou tu a•Iwrn, datr. And addre-.s i)r dcl;-.rry rs~ ~ ~ 11 RNS'T'ftICTFU DELt'%'CRY , Show to whnm and dacr drf i%ercd c i-! RI-:STRICTED DELIVERI'. Shuw to wham, datr, and address o( drlivcry S (c'(')NSl'LT Pt~STMAtTFR FOR FF.ES) AaTIcLe wocR m 2 s Z 3. IIRTICIE DESCRIP?ION. x m REGISTERED NO CERTIFIEQ NO. INSURED NQ. ~ 6/ ~ I (AlIMlp Qbbrfl OwYfqf1 Of Ot !O!'ntj ~ I havc rc)crivrd thc artic'le dcstnbed abo-, I T SIGNATUitE 0 Addrcswr m ~ m ~ • Z 4. ~4 . c D OErbELIV Y POST'ARK , m , n ~ S. ADORESS (Completo Only N rwves v ~o • M 6. UNA9lE TO OELIVER oECAUSE: ClERrC'S ~j^ TUIS 3 ~ D r ~ ~ ~-IE titrf }t Campltle itcros l, 2, am; ? a Acid youc &ddtett in ths -'Kt i GRh f t►" SpZ),C (yn ~ reretft. ~ l Tht fo[luw•in}; servict is mlucstrcj (therk ottc) ~ s Show tn vvhnm and rlatr Jrlivcrcd y Show to uhum, ci.itr, aRd address nf delivrry ' . RfSTRICTED Df:LlVERY Show to wham and date drlivcrrd . ~ RcsI-xic.TFD Dr_LivExY Show to whnm, datr, and acklress aE drlivrry ~ i (--nNSI'[.T F'USTMASTER FOR Fr-l:S) : ARTICLE ADDRESSEO TO: ~ ~ m -1 c ~ 3. ARTICLE CIESCRIPTIpN: ~ m REGtSTERED NO CERTIFIED NO INSUREO NO. ~ ca...r o~~n.~o~.a~ ot n a.o.ml ~ ~ t havc recrived thr articly drscribed abovr. ~ SIGNATURE 0 Addressrr ❑ Authonxcd ugent m . m O ~ m ~ E VERY POSTMARK ~ ` m z S SS ( omplats onlr if repuosttQ? T 6 UNABLE TO DELIVER BECAUSE C~K'S tyvlylAL-S~ > r- i ~ o«o. 14 7 01`:,:-I ~ • ~;L'`.:~I_. ~ t!; [c ilet1t1 1. ^ \.fl, :nur acidtc►s m:hc k! l!i-('. IC) sruce J:l ; tCiM[te. w 1 Thc lr►Ilowing str% acr is t+cqucsteci (theck onc)_ > chnw ta wh.am and datr dcliverrd ` ~Shoa• ro wham, date, and sdcirrss uf dcll.•en• 4 ~ RCSTRIC.Tf I) DF.LIVrR1' tihaw to whom tnci dafr dcti.•ert-cl . s ' RE5TR1C'i'ED DEl.1VERY ~how ro whom. datc, ond uddrrss u( dcli.•rry S ~ r O`SULT POsTr►lnsz-cR Fox r•Ets) : APjICLE ADORESSED7- A( ~ m ~ c x Z 3. /1RTICLE OESCRIPTION: m ~ REGtSTEREA NO- CERTIFIEO NO. IM5URE0 NO. ~ 4 m ~S`~-r ~.SCLL s r f A{wryt obtain sipn~tun oi ~cfdrsow a rpentl T, ~ i havt c~-cc.ivrd thr attiele druri d abc>ve, StGNATU Addcrsser ~utho gc;•: m ~ m ~ O 1 C _ OE VERY TMARK 0 " ivl ~G D 5 nR S5 t omprotc oMr 'rl nQutsh ~ ~ 2 ' O :1 rnn :J~ -~'i • . ~ 6 UNABLE TO DEL►VER BECAUSE, EP l5 3 ~ D r . _ ~•.~s;~z ~ ~..r y ~ ti!_`OFR ('c~rn~.J-tc itCms l. red 3. Ad+1 yvur addtcm in the "RE7liRN 1'C)" space on revrrse_ ~ l Thc following service is rrqurstrd (chrtk onr). _ Show to whnm and datr drlivcrcd ~ ' ShoW to whum, datc, and addrrs: nf drhti~-rv . RES'I-RICTFI) QELI V FKl' Show to whom and date dclivercd... . 7 RESI'RICTFD DEL1N'ERY. tihf'jw ro v►•hum, datc, and address uf dclivrry s i(:C)NSl'1,T PC)STMASTFR FnR FEES) 2. e1RTiCLE AODRESSEO T : . a ' 3. aaTIclE D£scaIarioN: ~ ' REGISTERED NO• CERTIFIED NO. ~ INSURED NO n 11 ~ ~b 0 ~ ~ . caw@y~ oDsi~+ tipnrnn~ ot bdnw~ or sarnt} ~ I havr received the article dcscribcd abave. ~ ~ SIGNATURE 0 Addressrc p .aticnorired age+it , . . ~ ~ y✓ I DA E~F EIIVERI' POSTMARk 71 oo O ~ ? S. A R s cco prero on►r rr .,rouesr I i " 6. UNABLE TO DEl1VER BfCAUSE c fj CS ~ i' rlrb ~I)/•:':1~: ■ Sk.tiULR Cumpletc i!c:n: in.; i Add ytiur .ntdress tn thc "•RETl1RN 7U" tpuc~ = rcvene. '9 1 Thr follnwing servicc is reti,ucsttd (thrLlc anr) - > ~f1pK• (O whom and datr :'~C~ t [•ft`r{ . ~hoW- ro whom. clate. and . . m - RF'STRICTED UEUV1 E ` ~,how to whom and cLacr RE5TRICTCU DEL1Vi-~': _ '-hok, to whom, dasr, sn-l . . . I( ()N'%t'I.T PC)STM:1ti1'F.R f'Uf~ : ARTICLE AODRESSED TO! z m -r C m = 3. ARTICIE DfSCRIPTtON- n REGISTERED NO. CERTIFIEO NO. .,:C. m ~ laY..y, obbh, siqnscun Af sddns»e or .yent, ~ I hsvc rcccivcd the artide deuribed above. ~ SIGNArURE ~ 0 .qJareswt ❑ rlutlwnzed xEt,en: , ~ ~ = 4 D Vn E YERY POSTMARK m . . v ~ ~.1 G z S. DDR 5(Camploto onlp if mpuost• Q ~ J v ~ m - M G UNABLE TO DEIIVER BECAUSE- CL'ER ~-aAi1L~~[l5 r J SfiIrUE:R Cornpktc iicnu f.'. and 3. -M Adaf your sddtess in the "RETURN TO" ina. ~ MOW ~ l The faflowin}; scrvtice is rrclurstrd (rheck ont i ~ Sttow to whom and date drli:•ercd ~ Shqw ta w•hom, dstr. and aii RFSTRiCff:D UEL1VERl" S?xiw to whom nnd datr dr i 1 r 1 RE ~;TRICTFD DELlVF.RY :ht,W to whorn. date, and adaress ,lc;:% ~ rN ~ i (()NSI ' LT PCATM :1 S1'F.R fOR ( I I ? AR7ICLE AODRESSED TO: l , m m -4 C x z 3 ARTICLE DESCR1PT1pN. h REGISTERED NO_ CERTIF!EG rvU ~rv:,UREi'~O m ~S _1- ~ 9 ,~S m ~ (Atw" obtain ftwtws of miclnmm a awr i Q I havc rrceived thc article dcscribed abavr. m SIGNATURE 0 Addrcswc ❑ auihonz::d.o•~~r r m m O ~ 7E F D V V •POSTMARK ~ ` p ~ ~ 5. AO ESS10 (Complete onty i1 repuest*fil << ~ z o , fTl ~J' \ , 6. UNABIE TO DEUYER BECAUSE• iCi RX' ~ r ~ .^a: s ~ SE:~DFR conpictc itani l. snd ? • Aikd y<rut atltitcss ir. lhr "KkiURN I u" spacc -n i tc+~Ene. Thc folfowing srrvirt is rrsiursted (chtck one) how tO WhOm and darr rlclivrred Shaa to whom, date. ariJ ..;ik~ rL 5 RCSTRICTED DEi.1VFR~ . tihow tn wham and d~tr ._i~•1~•.~ r;.l ~ ~ RESTRICTW UELIVFRN' '-,how• to w•F:um, datr, and < < ()NS1'i.T PnSTM.ASTFR FOR FFF-s► 2 aRfiC~E ~OnftESSEO TO: f• t,.~ _ „ , n r 3. ARTICLE DESCRiRTION: n ~ REGISTEItEO FfQ. CERTIFIEU NU IntSURF!:1 rv0 r? ~ p / ~ I (awws abtain oipnwtun of Wil aooi w aont) J have rrccivrd lhr •article dcscribed abovc ~ ~ ATURE ddre~r Au rit~~J tL~ -i t :r a ~ _ 4 . DATE OF DELiVERY opSYl~ t, ~ , m ~ S. ADORESS (Comptete onfy i/ nQuosttd? ~Q cf) ~ L.J a : ~ _ • r T 6. UNABLE TO OEIIVER 8ECAUSE: t 7 ~N I 1'1~►C,S - n.n ~~,~•.::•~~s I ~ ~ tit~tiUFK < nmplete ctctsu I, unJ 3 • AJ.! ynut addres in !!se "}Li:TURN7t3" 24%.c na. ' G 7 rCY@rK. ~ t c following servict is rccJurstt-d (chcck tint) g hc,.v to u•ham .rnd darr drlivertd . ~ Show to whom, date, and addreis nf driivrry : ~ RESTItiCTI:I) UELlVFRY '~;how tn whum and dscc dcl►.crcd RFSTRlCTED OFLWERti'. ~ tihow cn whom, datc, and acldrrss oF drlivcry_~,tT'~. ~ (coNSULT PoSTMAS7ER FoR FrFS) . r►- : ARtICIE ~(1aDRSEQ ~ . s ~ ~ 3. ARTICLE OESCRIPTION: n REGISTERED NO. CERTIFIEO NO INSUREO NO m ~ .-2 T I lAlwrp aboin f{qrwtuey ot adcf~ or awnt) ita%,e ccceived the article dexribcd abovr. ~ 5t TURE ~ Addre luthuriacd ugent n9i 7ER , TE UZMPOSTMAW 70 "t ~ ' y ~ S ADD SS ( O/t10 it0 OAlyr/ ►f _ 1 z ~ 6 UNIIBLE TO DEl1VER BEG►USE- C ~ tNl ~ , orp; ~oJS-7T ~ r ~r SFTtl7t R t wt,{ :-:c itrms 1. and ? ~ Add vvur addrssa in thr 'Kl: f VK.*: 7'O' space on ~ rerenc_ ~ 1. The futlowing scr.-ice is rctjuestrd (chnk or►r). ~ ..how to whnm and datc dtli~•rrcd c ' how to whom, datc, and iddrrsc of drlivM s RES'Tlt(C['FI) DCI.IVERl' `hnw ta whom and date drlivrrcd ~ RESTR(CTED DE[.IVFRY. Show• co .vhom, datr, and addrrss af drlivcrv f f C()NSl'L1' PnSTMASTF.R FOR FEFS) , ? ARTICLE AOORESaEO TO: . ~o . ~ ~ 3. ARTICLE aESCRIPTION: ~ n REGISTEREU NO. ~ ~ RTIFIED NO. IkSUR£D NO S ~ G - ~ I rAln►,ti►r obuin.ioraA,~ ut.dcms. w.pw,tl ~ 1 h.tvc rrceived the artiric ribtd abovr. ~ SiCNATURE F] Ad c 0 .%ut)rurircd agrnt Vi 4 C D aF DEUVERY ` pOSiMARK v o ~ S. AooRESS (compi.re onry o/'roquestM) n rn 6. UNABIE TO DELIVER BECAUSE- S 0 iN1TJALjS b ~ i SEPIDE:R G,o:,, lete itcma 1_:. ~ AilA yuw uldtcss in thc 'fiL i l'KN JU" spaae an , rerene. • . ~ T}tc tOIIOwing Srf%- lt C 13 P[qUCStCCj (fI1Kk (1RC ~ : how ro whom and datr drli.~crec! ~ ~Shaw ta whum, dArc, snd address of delivcry Q i0 RESTRICTFD DELIVFR-i' Show• to whom and dntt delttirrcd. + Rr.tiTRTC7ED Dt:l.lVERti'. ~~4•,•aro whom. ditte, and adJrrss of driivcry f +c 0TtiS('I.T fOSTI►fACTER FOR F'CES) : ARTiCLE ADDRESSED C~,~ ~ m -1 C ~ 3. AItTICIE OESCRIPTION; ~ n RfGISTERED NO, CERTIFtEO NO. IN5URE0 NO m 74 m I (Alw.y. aaRr~.i~t~,~ » a.ou+tj ~ I have rcteived the nrtic.ly dsstribtd abovr, ~ SiGNATURE ❑ .1JJrrtsrr luttt~tinzrd agent ~ , ~ ~ OATE OF DELIVERY POSTMARK m m v Z S ADD~(Co+rPl•to onfr if roqusstod) v ~ m ~ ~ " 6 UNABIE 70 DEtIVER 8ECAUSE- d. i ER R' NTf1~L O ~ ~ r ~ St ti(,I R C'omplrte I[em% i:, ar.1 ? ~ Adcl your Addreu :n tht "REi l: RN TU" s, 4tr ; rtVene. Th~Jol acrrice is rrciursted (chrck anr). v > Show to whom artd datc detivcrcd , how w whom, datc, on, ~ ; ~ ~ • RkSTRICTf•:U UfLIVi }t , - tihow to wham and dicf . ~ i RFS-I'It[(TF.D UEl.tVFRY -~hcjW- !n vvhnm, datr, and addres~- wt $ (C<)Nsl'LT Pc7STl+tASTER Fc)R Ff:f-S) ? AR7tCLE ADDRESSEO TO: ~ ' ~ ~ ~ ~ m -~1 C ~ x 3. ARTICLE dESGAIPTION. ~ n REGISTERED NO. CERTIFiEp Nd m m i (Alwryt oatain *ipswn of ~Iwt:e or soent, ~ 1 havc rccci~•cd thc article dest~ribrd abc~vc ~ StGNATURE ~ .4.fdtcsvec Authurue.l nmi ~ c Z 4. tn DATE OF DEl.l V~n ~ POSTMARK m , ~f ; s ~ • v q S. IIDDRESS (Comploto onlr +l rpuested) 2 C n m ~ -4 T 6 UNABLE 1'O DEItVER BECAUSE: CLERK'S INITMLS v i Y i.'E•..- :-11; ~ ~ SF~KIiI It ~.'nmpletc uems i. Z. aud 3. ~ AJd yow addreir m ttac "RF:TURti TO" rps.:c an ~ 3 rcvene- ~ ~ T'hr folluvv,ng srnirc is rrilurstrd (chcr.k one) ~ ~'how t(► whurn and dacr deli%-crcd a ~ Shuw to whum, datc, and tuddress of dtltrery . RE.~T~tICT[ D DkLtVERY Shov►, to whom and date drl,~crr.! R«TRICTF:D DELTVFRI' 1,ht-w, Tn whom, dxtr, 2nd address oi drlivery ! . ic ()I`S['LT PilSTM11STi:R F()R f:(•F',t I :nR7IClE AODRESSEO 70: 1 ~ m ~ C a Z 3 J1iiTICIE DESCRIp':: m rn R£Gt3TEREO NO. CL:. : ~ r, , r.~ r, p,; m I tAlwayi obdn fi~tureof eddns~er or apai+ I n I havc rrcr.ived thc articte dcxribed abow• T SIGNA RE A~tdrcssrr ❑ luthon:: . ~ a m v - r ~ 4. c DATE F DEL~V POSTMAAK ~ ~ { . ~ trk5. ADpRESS !Comploto onir if ! 6 UNABIE TO OEllvER BECAUSE, C K'S ~ INfTtALS 3 D T ~ :PCJ ',~~-~t.•1tw