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PE-1168F-78 & ZE-13-78 ' R E~~o . ~~D , 0,~~ SPOKNNE COUNTY HEALTH DISTRICT ~ Interoffice Memorandum SPOKqMt %;UuN iY pLANNNp pEPARTIMt+tt DA T E: Ma y 10, 1990 T0: Thomas G. Mosher, AICP, Senior P'lanner. Spokane County Planning Dept. FROM: Steven P. Nolderb !~R S. - Environmental Health Division y, , SCHD SUBJECT: Review of Final PE-1168F (Midilome 6th Addition) Al1 Health District conditions of approval have been satisfied by the sponsor of this plat. 0699E/bls ~ . . . V F ; M aY 141990 WWWWRMF ,M cKANE co~~ ~ Washington Water Power T ~ ttay 10, 1990 Steue Davenport Clarence E. Simpson Engineers, Inc. North 909 Argonne Road Spokane, Washington 99212 Re: Midilome 6th Addition Dear Mr. Davenport: Enclosed is a copy of the above-mentioned plat which our Engineers have reviewed f or utility easements. Please be advised that we will require a ten foot (10') utility ease- ment along all lot lines adjacent to street rights of way, as well as the use of any private roadways. If you have any questions, please call me at 482-4437. Thank you for your cooperation and assistance. Sincerely, I/. \_~y ~.N✓ ~ i L~ = 4r Laura Clark Permit/Lease Coordinator lc Enc. cc: Spokane County Planning Dept.&. The Washington Water Power Company P 0 Box 3727 Spokane, Washington 99220 (509) 489-0500 SERVING EASTERN WASHINGTON AND NORTHERN IDAHO HL'iTH EIECTRICITY AND NATURAL GAS , ~ ~~~c~~~'''~►~ GCO url%rw- ~ PLANNING DEPARTMENT BROADWAY CENTAE 6UIlDING N 721 JEFFERSON STREET ~N . . vMONE 456-2205 :.,'11 i • SPOKANE, WASMINGTON 99260 • ✓._,..NC _ r.i_vs1 MAY 31990 MEMORANDUM .''?OKANf COUNTY r~..~-,it•(.~1T , . . . , Spokane County County Enginccr Spolcanc County Utilities Spokane County Health District Spokane County Department of Building & Safcty Firc Protcction District #1 Mod~ Irrigation District # 18 ~ FROM: omas G. Mosher, AICP, Senior Planner DA'IE: April 25, 1990 SUBJF.,CT: Review of Final PE-1168F Midilome 6th Addition Enclosed fiod copies of the above referenced final plat. Please review and forward any comments by May 10, 1990. If you have any questions you may contact Tom Mosher at 456-2205. ~Please dicect your review comments to Tom Niosher. , Thank You. k c ~v2~- ~G°''L•'S 11n ~ 1ey15 ~ G~~'1 Enclosurc c: Midilome Inc., W. 606 3rd, Spokane. WA. 99204 Charles E. Simpson, N. 909 Argonne Rd., Spokane. WA. 99206 rcv: l 2/89 ~ VJ-6 SPOKANE VALLEY FIRE DEPARTMENT Spokane County Fire Protection District No. I EAST 103'►9 SPRAGUE AVE • SPOKANE, WA 99206 (509) 928-1700 ~ Rod Tsdrow Chlef i' May 1, 1990 1 Spokane County Planning N. 721 Jefferson St. 14'y Spokane, Wa. 99260 Attn : Tom Mosher u~''~ ~(~,~;~•~r~~~r ~ Re: Final PE-1168F-78 Midilome 6th Addition Three new fire hydrants will be required for this plat. These fire hydrants shall be installed as per a plan approved by the Fire Department. The exact location and spacing for the fire hydrants will be done on submittal of the water plan to us. Sincerely, ~ ; . : Clyde Wisenor Inspector II CW/bd ~ ~ r M ~R~c7 c / ~.s• First American Title Compocny of Spokane Wut 704 Firn Avr,uec • Spokane, Wa 99204 •(S09) 456-0550 • FAX (509) 747-2761 n '<1 9 ioo yEARS i4" NC APLAT CERTIFICATE REPORT . Order No.: 74237-KMS ~ SIMPSON ENGINEERING Proposed Plai of: MIDILOME SIXTH ADDITION NORTH 909 ARGONNE ROAD SPOKANE, WASHINGTON 99206 This ts a certiflcate as af March 26, 1991 at 8:00 A.M., for a plat of the fdlowing properry: That portion of the Northeast quarter of SECTION 33, TOWNSHIP 25 NORTH, RANGE 44 FAST, W.M., in Spokane County, Washington, described as follows: BEGINNING at the Southeast corner of Lot 13, Block 2, MIDILAME FIFI'H ADDITION, as per plat thereof recorded in Volume 18 of Plats, Page 100; thence South 00 ° 27'00" East 265.30 feet along the West right of way line of Pines Road; tbence South 89033'00" West 135.00 feet; thence South 62 ° 47' 17" West 55.51 feet; tbence South 83 ° 1T 38" West 179.85 feet; thence South 89 ° 34'00" West 326.70 feet; thence South 00 ° 26'00" F.ast 275.00 feet; thence South 26040'38" West 124.90 feet to tbe beginning of a nontangent curve conrave to the Southwest, with a radius of 435.00 feet and a radial bearing of North 26 ° 40'38" East; thence Northwesterly through a central angle of 26 ° 29'33", an arc distance of 201.14 feet; ' thence North 89 °48'S5" West 49.55 feet; thence North 00 ° 26'00" West 332.87 feet; thence North 87 ° 59'39" West 205.48 feet; thence North 18 ° 06'36" East 38.38 feet; thence North 59 ° 33'43" West 124.68 feet; thence North 81 ° 16'31" West 54.20 feet; thence North 57 ° 33'34" I West 127.86 feet; thence South 39 °00'44" West 68.17 feet; thence North 37 ° 12'21" West 220.61 feet to the Southeasterly line of MIDILOME FIRST ADDITION, as per plat thereof recorded in Volume 15 of Plats, page 35; thence the next two courses and distances along said line, North 61 ° 37'45" East 170.22 feet; thence North 46 ° 57'52" East 160.19 feet to the Westerly most comer of Lot 5, Block 1 of said MIDIIAME FIFTH ADDTTION; thence the next ten courses and distances along the Southerly line of said MIDIIAME FIFTH ADDTITON, South 39 ° OS'36" East 83.34 feet; thence South 54 046'23" East 138.04 feet; thence South 76 ° 28'23" East 138.04 feet; thence North 89 ° 57' 14" East 79.90 feet; tllence South 00 ° 26'00" East 135.00 feet; thence North 89 ° 34'00" East 294.95 feet; thence North 00 ° 26'00" West 77.24 feet; ibence North 21 ° 49' 11" East 67.42 feet; thence South 86 ° 44'37" East 149.78 feet; thence North 89 °34'00" East 510.00 feet to the point of beginning. ~ _ / . ORDER NO.: 74237-KMS PAGE 2 Thi.s Company certifies that record title is vested in EMMA S. HAWKLNS, AS HER SEPaRATE ESTATE., free from all liens, encumbrances and objections, except as follows: 1. General taxes. The first half becomes delinquent after Apri130th. The second half becomes delinquent after October 31st. Year: 1991 Amount Billed: $2,660.99 Amount Paid: $0.00 Amount Due: 52,660.99, plus interest and penalty, if delinquent A►ssessed Value of La.nd: $133,100.00 Assessed Value of Improvements: $5,400.00 Tax Account No.: 45331.9156 2. Irrigation A.ssessment: For: 1991 By: Model Irrigation District No. 18 Amount: $19213.52 ` NOTE: There will be a penalty assessed by the County Treasurer if the above assessment becomes delinquent. 3. Sa.id premises lie within the boundaries of Model Irrigation District No. 18 and are subject to future assessment by said district. 4. Reservation contai.aed in Patent from the United States of America, recorded September 12, 1894 Volume 61 of Deeds, Page 566, as follows: Subject to any vested and accrued water rights for mining, agricultural, manufacturing or other purposes, and rights to ditches and reservoirs used in connertion with such water rights as may be recognized and acknowledged by the local customs, laws and derisions of courts, and also subject to the right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect tbe premises hereby granted, as provided by law. Yet excludi.ng and excepting "all mineral lands" should any such be found in the tracts aforesaid but this exdusion and exception according to the terms of the statute shall not be construed to include coal or iron land. ~ 9 ORD'ER NO.: 74237-KMS PA►GE 3 5. Sale Agreement, 'T`erms, Provisions, Canditions and Restrictians thereof: Vendvr; Em a S. Hawkins, a widow hi Vendee: Edgar Bues+ehke and Louise E. Bueschke, his wif+~ Dated: April 25, 19795 ~ R.ecorded: December 3, 1975 Recording No.: 7512030261 Fa+ccrse Tar Receipt No.: 126156 ,Affects: The Northeast quarter 6. Contract of Sa1e and the Terms and Conditions Thereof: Seller: Edgar Bueschke ,a~d Uuise E. Buesc.hce, husband and vvife Purcha.ser: Ntdilome, Inc., a Washin,gton c:orporation - Dated: December 1, 1978 Recorded: January 23, 1979 Recording No.: 7901230265 Affects: A,. portion of t.his and other prvPertY Said instrument is a re-record of R+ecording No. 7909140429 Seller's interest is now helad af record by Edgar Bueschke and Louise E. Bueschke, as tenants ia common. 7. Sale Agreement, Te=, Provisions, Conditions and Restrictions thereof: 4'e~dor: Edgar Bueschke and Louise E. Bueschke, husband and wife Vend+ee: NE+~ome, Inc., a Washington C'orporation Dated. March 1, 1980 Recorded: April 13, 19$1 Recording No.: 8104130146 Excise Tax Receipt No.. 241908 Affects: A portioa of the Nartheast quarter The Seller's interest i~ said Sale Agreement is n-ow held by Edgaur Bueschke and Louise E. ~ueschke, as Tenants in common. . . , . • ' ` ORDER NO.: 74237-KMS PAGE 4 NOTES: 1. A fee will be charged upon the cancellation of this com.mitment pursuant to the • Washington State Insurance Code and the filed Rate Schedule of the Company. 2. Inquiry should be made of the Spokane County Utilities at (509) 458-2538 to ascerta.in if any user fees relating to the aquifer protection area are payable at this time. Any such amounts may beoome liens upon the property at a later date. 3. Power of Attorney: From: Emma S. Hawkins To: Louise Bueschke Recorded: April 30, 1990 Recording No.: 9004300478 KMS/ekh This Company further certifies that ail taxes and assessments levied and c,hargeable have been fully paid except as noted above. Charge: $0.00 FIRST AMERICAN TI TLE I_VS URANCE COMPANY , , . AN C First American Title C'ompany of S'pokane Wcsr 70L! first Avcnut • Spokant. ft- 49204 • (509) 456-0S50 • FAX (509) 747-2761 ~ 100 A)I/ . MAP VOL_ PAG E / S EC~_'n: p o?IrRC E_ ~ 77. • I ~ c i ~td;1v^'F Z M t AD 0 AoQ. . ' ~ , . ~ , . ~ r~►~;~oMe /8 3 A~+~• : , . . t : : j • \ ~a -r ~ ' - ~ • -aJ,,~ ~ ~ ~ ~-It I - ~ MIDIL4Mt FtRST ADD~ . ~ ,`o 6/35 , ~ .b,1' r~Qo ; . 1 , ~ • _ ^ ' _ / / ~ ~ • . , - - • , _ • [ _ ~ ~ ' ~ • ~ ~ ( . - . ~ 2T4! I t h~ . ~ - ~ - - - ~ ~ - ( 1;.. X-/'z' 4 This sketch is fumished as a courtesy only by r~rst American i r,fe lnsu:artce Company and 'a is NOT 2 oa:t of any ticte commitmeru or policy of titie insu.Gnce. This sketch is fumished solely for th2 purpose of assisting in locating che prenises and does no,, purport to shov.- all hion:•2ys, rxds or Fasements a,"ec'tin9 the property. No reliance shoutd be placed u-,r-in this sketch :0: th2 loc2iipn O.• dimen5iQn5 O! the p:oa=rity and no liability is assu:rei ior the correctness :nereot. Atfifia:td wi11'1 Fir;' =--1eriCJt1 1<'" M=_'i.'+=t r - t COMMUNICATIONS Q f L E ~ APR ~.2 1990 sPO~NrL coUNrY t • . •111 rr.-, 1 ^Tr •r- ~ . . . . . _'i _ . . . . , _ April 11, 1990 Spokane County Planning Department North 721 Jefferson Spokane, Washington 99260 r Attn: Current Planning Section. - " ' Re: Final Plat - Midilome 6th Addition. Dear Sir: U S WEST Communications will not require any additional utility easements within the above referenced plat. Sincerely, T. E. Sackett Manager - Right of Way North 904 Columbus Spokane, Washington 99202 i TES/mw cc: Clarence E. Simpson Engineers, Inc. North 909 Argonne Road Spokane, Washington 99212 R ! SPOKANE COUNTY PLANNING DEPARTMENT 721 NORTH JEFFERSON STREET, SPOKANE, WA 99260 DATE: FINAL PLAT/SHORT PLAT/BSP REVIEW PLAT NO.: RE i/aX - 781 PLAT/BSP NAME: IN OUT SUBMITTAL REQUIREMENTS v~ 1. Nine (9) copies of the proposed final plat with ded.ication. Parcel No. J_A 2. Three (3) copies of the final plat certificate (not older than six months of anticipated filing date) -,26 ' 9'/ . - 3. Property outlined in red on a current Spokane County Assessor's Map(s), with surveyor's stamp of assurance. I .J/ DK 4. An approved Water Plan or letter o~~ system adequacy from Building & Safery Department, water purveyor, fire district, Health District, etc. ' r 5. Letters of easement acceptance from utility /purveyors: A) Phone B) WateT C) -c W D) EleCtIlClty gew"_ 6. CuiTent review fee of $ Z-s l Receipt No.: 7. County Treasurer - taxes paid? (Required before Board sign-off.) ~ 8. Detailed landscape plan with bond to construct (if applicable), for PUD's eipecially. DEPARTMENTAL REVIEW AND COMMENTS Health District'Od ~eA11h Date: En 'neer's Office Date: v ~ -lU ~ ~ ,Utilities Departrnent ~ s Date: ~ nt Date: ' Water Purveyor6v-e,, e%,O~ 6~0~ oC- Date: f Sewer~or Date: J Fire District ww h yd' n-e «l~wo~ a~ Date: ~ s-iS w~J~ t~~-s ~ e.. ka B,L, el"n 4 ' CHECKED PLANNING REVIEW COMMENTS BY DATE 1. Maps circulated to: Building & Safety , sew er purve or Engineer's office ---,Health District !Utilties ~ 2. Final plat Leroyed and/or legible 3. Subdivision name k*iafi/9,xw.c Section 33 , Township 21-5- , Range 1* ~ 4. Notarized signature of Washington-registered surveyor v 5. Sheet size: 24" x 36" for p1aVBSP a 8" x 24" for short plat ~ 6. North arrow and scale (1 =10_ 1 = 100' = 200') 7. Bold boundary line of platlBSP ~ 8. Location and width of proposed streets, rights-of-way, easements, open space; indicace 1-foot strips 9. Street name(s) 10. Check lot sizes compadble with plat approval and Zoning Qrdinance/Code U, . PAGE 1 of 2 ~ ♦ . ~ . CHECKED PLANTIING REVIEW COMMENTS, CONTINUED BY DATE 11. Appropriate frontage/setback per zone standards at building line for cul-de-sac lots 12. Layout, lot and block numbers, dimensions of lots and area of lot 6_ , 13. Check ded.ication for cond.itions of preliminary plat approval 14. Check restrictive covenants for Ord.inance conflicts 1",13 G" ?'00$~74 15. Number and type of units with conditions of approval 16. Landscape plan conforms to approval (PUD) 17. Check PUD setbacks/fencing ' __Z~ r 18. Check easements, clouds on property, etc., from certificate to ole plat 19. Check for compliance with Shorelines Management Act A- ` 20. Existing zoning is 41 , changed to 21. Taxes paid? ~ 22. Legal description proofed (title report to dedication) 23. Review comments to sponsor/surveyor 24. Proper format for sheet setup vg. P ,S~S 25. BOCC Resolution typed and proofed ~ COMMENTS: ~ mvC ?~269-<32Z REV.1/'90:fcu PAGE 2 of 2 ~ w R ECElV E D lNmuwcaa uN,Nw-W . /1.uNrxY► =%nr'4ads APR 0 41991 1661 t 0 &'d ;eOKMEC-OUtM A: PREANi:13LE PLANNMC3 DEPA,RTMENT a ~ ~ PURFOSi To Establish Guidelines F->- Home Constnuction MIDI LC7ME SIXTF= :lDDTION MIDTLONiE, INC., a Washington Cc>~-r~Y-~ t i_~^ President : Edgar Bueschki: Secretary: Robert H. Tanlinsor. Treasurer: Louise Bueschke Gust T.,FGAL That portion of the Northeast Quarter of Section 33, Township 25 North, Range 44 E. W. M., described ac- follaws: BEGINNING at the Southeast corner of Lot 13, Block 2, MIDII,OME FIF'I'!-i ADDITI04V, as per plat thereof recorded in Volune 18 of Plats, page 100; thence South 00°27'00" East 265.30 feet along the West right of way line of Pines Road; thence South 89°33'00" West 135.00 feet; thenc,2 South 62°47'17" West 55.51 feet; thence South 83°17'38" West 179.85 feet; thence South 89°34'00" West 326.40 feet; thence South 00°26'00" feet; thence Sauth 26°40' 38" West 124.90 feet to the beginning of a nontangent curve concave to the Southwrest, with a radius of 435.00 feet and a radi.al bearing of North 26°40'38" East; thence Narthwesterly thraugh a central angle of 26°29'33", an arc distance of 201.14 feet; thence North 89°48'S5" West 49.55 feet; thence North 00°26'00" West 332.87 feet; thence North 87°59'39" West 205.48 feet; thenc,? North 18°06'36" East 38.38 feet; thence North 59°33'43" West 124.68 feet; thence North 831°16'31" West 54.20 feet; thence North 57°33134" West 127.86 feet; thence South 39°00'44" We:;t 68.17 feet; thence North 37°12'21" West 220.61 feet to the Southeasterly line of MIDILkME FIRST ADDITION, as per plat thereof recorded in voluQne 15 of Plats, page 35 ; thence the next two courses and distances along said line, North 61°37'45" East 170.22 feet; thence North 46°57'S2" East 160.1.9 feet to the Westerly most corner of Lot 5, Block Z of sa id MIDII,CME FIFIl-i ADDITION; thence the next ten vourses and distances along the Southerly line of said MIDIIAME FIF'I'H ADDITxON, South 39°OS'36" East 83.34 feet; thence South 54°46'23" East 138.04 feet; thence South 76°28'23" East 138.04 feet; thenoe North 89°57'14" East 79.90 feet; thence South 00°26'GO" East 135.00 feet; thence North 89°34'00" East 299.95 feet; thenae North 00°26'00" West 77.24 feet; thence North 21°49'11" East 67.42 feet; thence South 86°44'37" East 149.78 feet; thence North 89°34'00" East 510 . 00 feet to the poi.nt of teginr ii ng; Situate in the County of Spnkane, Sta•t--- of Washington. L: FULLY PRCrI'ECTED RESIDENI'IAL AKEA The residential area covenants in Par'~ C in their entirety sta11 r-iPp1y to Midi.l.cxne Sixth Additian. RESIDEM'Ii1L ( ~1~~;NANTS C-1: IAND USE ANL, (3UILDING TYFE No lot shall be used except for residential purposes. No building shall be erected, altered, placed, or peimitted to nmnain on any lot other than one detached single family dwelling not to exceed one, one- half and two stories in height and e private qaracre fnr at 1r"ast twr~) cars , but not rmre than thr?e rar-; . , V - C-2: ARCHITECTURAL CONTROL No building shall be erected, placed, or altered on any lot until the construction plans and specifications and a plan shawing the location of the stnicture have been approved by the Architectural Control Comnittee as to quality of wor}ananship and materials, hazmony of external design with existing structures, and as to the location with respect to topography and finished grade elevation. No fence or wall shall be erected, placed or altered on any lot nearer to any street than the mi.nirrnarn building setback lines unless similarly approved. Approval shall be provided in part D. C-3A: DWELLING QUALITY AND SIZE The ground floor area of the main structure, exclusive of one story porches and garages, shall not be less than 1,300 square feet for a one story dw+elling nor less than 900 square feet for a dwelling of one and one half stories, not less than 900 square feet per floor for two stories. No dwellings shall be permitted without at least a two car garage. Construction shall begin not less than sixty (60) days after lot closing and said home shall be completed within six (6) months after beginning of construction. C-4: BUILDING AND LOCATION (A) No building shall be located on any lot nearer to the front lot line or nearer to the side street line than the minimwn building setback lines shown on the recorded plat. In any event, no building shall be located on any lot nearer than 25 feet to the . front line, or nearer than 25 feet to any side street. (B) No building shall be located nearer than 25 feet to an interior lot line except that a five (5) foot side yard shall be required for a garage or other permitted accessory building. No dwelling shall be located on any interior lot nearer than 50 feet to the real lot lines, except that the Architectural Control Catmittee can alter this requirement on irregular lots. (C) For the purposes of this covenant, eaves, steps, and open porches shall not be considered as a part of a building, provided, however, that this shall not be construed to permit any portion of a building on a lot to encroach upon another lot. C-5: EASEMENTS Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat. Within these easements, no structure, planting or other material shall be placed or permitted to rennain which may damage or interfere with the installation and maintenance of utilities. The easement area of each lot and all improvements in it shall be maintained continua.lly by the owner of the lot, except for those improvements for which a public authority oz utility company is responsible. Each lot has a drainage easement as per "208" requirements. The hame owner shall be required to install and mai.ntain grass within tMis drainage area as per County requirn-ents. Grass shall be installed within six (6) months afer ccxnpletion. C-6: NiJISANCES No noxious or offensive activity shall be carried on upon any lot nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. J C-7: SIGNS No sign of any kind shall be displayed to the public view on any lot except on professional signs of not more than one (1) square foot, one sign of not more than five (5) square feet advertising the property for sale or rent, or signs used by a builder to advertise the property during construction and sales period. C-8: LIVESTOCK AND POULTRY No anunals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, catis or other household pets may be kept provided that they are not kept, bred or maintained for any comnercial purposes. C-9: GARBAGE AND REFUSE DISPOSAL No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall be kept in sanitary containers. All incinerators or other equipment for the storage or disposal of such materials shall be kept in a clean and sanitary condition. C-10: LANDSCAPING No lot shall be without landscaping in the front yard after completion of dwelling. A landscape plan shall be sutxnitted to the Architectural Control Cannittee for approval. Owners understand that they are responsible for providing grass for the graded swale as per "208" specifications. In the event grass is not placed in the swale area system as per county requirements imnediately after canpletion of dwelling, then the Architectural Control Comnittee shall cause grass to be installed and an assessment to be placed on the record against said lot. D: ARCHITECTURAL CONTROL COMNIITTEE D-1: MEMBERSHIP The Architectural Control Carmittee x.s composed of: EDGAR BUESCHKE, LOUISE BUESCHKE GUSTIN and ROBERT H. TC7NILINSON. A majority of the corrmittee may designate a representative to act for then. In the event of the death or resignation of any mernber of the cormtittee, the reqnaining menbers shall ha.ve full authority to designate a successor. Neither the members of the committee, nor its designated representative shall be entitled to any campensation for sezvices performed pursuant to this covenant. At any time, the then recorded owners of a majority of the lots shall have the power through a duly recorded written instrurnent to change the membership of the corrmittee or to withdraw from the committee or restore to thesn any of their powers or duties. . D-2: PROCEDURE The corrmittee's appraval or disapproval as required in these covenants shaJ.l be in writing. In the event the committee, or their designated representative fails to apprave or disapprave within ten (10) days af ter plans and spec if icat ions have been submit ted to them, or i.n any event, if no suit to enjoin the constn.iction has been cannenced prior to the ccxnpletion thereof, approval will not be required and the related cavenants shall be deemed to have been fully compJ_ied with. E: GENERAL PROVISIONS E-1: TERM These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive r, ~ periods of ten (10) years unless an instnunent is signed by a majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or in part. E-2: ENFORCEMENT ' Enforcement' shall be by proceedings at law or in equity against any person or persons violating or att(2mpting to violate any covenant either to restrain or to recover dama(jes. E-3: SEVERABILITY Invalidation of any one of those covenants by judgnent or court order shall in no wise effect any of the other provisions which shall remain in full force and effect. F: ATTI;ST ' (Include the date and signature of al?_ parties. Include signatures of prior lien holders to evidence consE,nt to subordination of existing lien to covenants.) G: VIOLATIONS These covenants shall not be constn,ed as the right to violate any existing or future laws or county or city ordinances. H: CCJMMERCIAL, USES No activities shall be allowed which could be construed as a comnercial activity, nor any type of comrercial vehicles. I: OTHER RESTRICTIONS No travel trailers, recreation vehicles or mobile homes shall be kept on any lot, or in the s treet ; not j unk or inoperable cars or trucks shall be kept on ariy lot or in the street. Recreation vehicles shall be kept at a specifically designated area, back frcm the front of the garage on any lot, and must be approved by the Architectural Control Comnittee. (This includes campers, trailers, boats or other recreational or unsightly equipment.) No vehicles, including campers, trailers or boats shall be parked on the street for a period of more than seven (7) days. No satellite dishes of any type shall be permitted. No solar panels of any type shall be permitted on the roof of any , structure. MIDILOME INC., a Washin t Corpo tion BY : Edgar ~e~ e, Pre ident ~ ~ ,•t .-R bert H. Tomlinson, Secretary , . A MIDILCME SIXTE-I ADDITION COVENANPS ATTEST : STA'I'E OF WASHING'PON ) ) County of Spokane ) On this 27th day of Marc h , 1991, before me, the undersigned, a Notary Public in ancf for the State of Washington, duly cammissioned and sworn, personally appeared EDGAR BUESCHKE and ROBERT H. TCMLINSON, to me knawn to be the President and Secretary, respectively, of MIDILOME, INC., the Corporation that executed the foregoing instnmient, and acknawledged the said instnmlent to be the free and voluntary act and deed of sa i.d Corporation, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said i.nstnment and that the seal affixed is the cozporate seal of said Corporatiorl. WITNESS MY HAND AND OFFICIAL SEAL hcreto affixed the date and year first above written. ~ 1,7 6/1Z~r i Notar-y Public in and for the State of Washtngton, residing at Spokane. . VE - ~ D 9~. tsb90 ~ 2No. ~ 1991 BEFORE THE BOARD OF COUNTY COMMYSSIONERS FOR SPOKA*g~~Ut~t'Y rJ!ftMEW ]N THE MA.TTER OF FILYNG TBE F7NAL PLAT OF ) I'v1MILOME 6TH ADDITION FILE NO. PE-1168F-78 ) rN SECT'ION 33, TOWNSHIP 25 NORTH, ) R E S 4 L U T I O N RANGE 44 EWM, SPOKANE COUNTY, ) WASHXNGTON ) BE ZT RESOLVED BY TBE BO.ARD OF COUNTY COMMISSIONERS OF SFOK:A.NE CO _NTY, WASHIN'GTON, that the Final Plat of Midilome 6th Addition that portion of the NE 1/4 of Section 33, Township 25 North, Range 44 E.W.Ivi., Spokane County, Washington, descnbed as follows, with a more precise descnption located in the plat dediearion: BEGINNING at the Southeast corner of Lot 13, Block 2, MIDTLOME FZFIH ADDITION, as per plat thereof recorded in Volume 18 of Plats, page 100; thence South 00° 27' 00" East 265.30 feet along the West right of way line of Pines Road; thence South 89° 33' 00" West 135.00 feet; thence South 62° 47' 17" West 55.51 feet; thence south 83° 17' 38" West 179.85 feet; thence South 89°•34' 00" West 326.70 feet; thence South 00° 2600" East 275.00 feet; thence South 26° 40' 38" yVest 124.90 feet to the beginning of a nontangent curve concave to the Southwest, with a radius of 435.00 feet and radial bearing of North 26° 40' 38" East; thence Northwesterly through a central angle of 26° 29' 33", an arc distance of 201.14 feet; thence North 89° 48' S5" West 49.55 feet; thence North 00° 2600" West 332.87 feet; thence North 87° 59 39" West 205.48 feet; thence North 18° 06" 36" East 38.38 feet; thence North 59° 33' 43" West 124.6$ feet; thence North 81° 1631" West 54.20 feet; thence North 57° 33' 34" West 127.86 feet; thence South 39° 00' 44" West 68.17 feet; thence North 37° 12' 21" Wesc 220.61 feet to the Southeasterly line af MMILOME FIRST ADDI:TrON, as per plat thereof recorded in Volume 15 of Plats, page 35; thence the next two courses and distances along said line, North 61° 37' 45" East 170.22 feet; thence North 46° 57' 52" East 160.19 feet to the Westerly most corner of Lot 5, Block 1 of said MIDILOME FYFTH ADDI7TON; thence the next ten courses and distances along the Southerly line of said MIDILOME F1F7'H ADDTIT4N, South 39° OS' 36" East 83.34 feet; thence South 54° 4623" East 138.04 feet; thence South 76° 28' 23" East 138.04 feet; thence North 89° 57' 14" East 79.90 feet; thence South 00° 26' 00" East 135.00 feet; thence North 89° 34' 00" East 294.95 feet; thence North 00° 26' 00" West 77.24 feet; thence North 21° 49' 11 East 67.42 feet; thence South 86° 4-4' 37" East 149.78 feet; thence North 89° 34' 00" East 510.00 feet to the point of beginning; Situate in the County of Spokane, State of Washington. UPON TBE RECOMMENDATION of the Spokane County Planning Department, the final plat 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. ADDTI'IONALt,Y, until the final plat document is filed in the Spokane County Auditor's Office, . this subdivision has only preliminary plat status and is subject to expiration and null and void status if not periodically granted an extension of time consistent with the policies and procedures of the Planning Department. PASSED BY T'KE BOARD THIS DAY 4 , 1991 BQARD CONfNiISSIQNERS OF SP UNTY, WASHINGTON even sson, Chairman / Patric' A. Mummey s ~o hn R. McB e (J1 ATTEST: E. DOr ; C rk of the Board ; By: osanne Montague, Deputy Clerk REV 1190 mo oLk MODEL IRRIGATION DISTRICT NO. 18 1506 S. PIERCE RD. SPOKANE, WA 99206 MARC'H 20, 1991 JOHN PEDERSON SFOKANE: COUNTY PLAl`:NING DEPT. RECEIVEB NORTH 721 JEFFERSON SPOKANE, WASH 99204 APR 2 6 1991 RE: MIDILOME 6th ADDITZON sPOKaNe courvr~• PLANNINC DEPARTMENT DEAR JOHN, MTDiLOME 6th F,DDTTION IS IN OUR SERVTCE AREA. MODEL IRRIGATION DISTRICT # 18 CAN AND WILL SUPPLY THIS ADDITION WITH DOMESTIC AND FZRE F'ROTECTION WATER. SINCERELY JIM LAHDE SUPERINTENDENT DN1D / CLARENCE E. SIMPSON ENGINEERS, INC. CIVIL ENGINEERS AND LAND SURVEYORS N. 909 Argonne Road Spokane, Washington 99212 Telephone: 926-1322 Fax: 926-1323 TO: `PCAiV N IIVCr" SUBJECT: i5()CT14 DATE: Lf _ I 0 _ ILA c- A P- t : Y I G' S ~ l~ r I`..J • J~. t~L~ ~ "1 F- r f C.& - ~i ~d r~ Y ~ 7~u E ~L ~ ► ~:LJA 5 S~ ~i i ` ~ r~~ ~~j (fz-Lk~~F n . ~ to f TIq L) ~7 Signq~~ ► 6s impson Engineevs, Inc. CIVIL ENGINEERS AND LAND SURVEYORS N. 909 Argonne Road • Spokane, WA 99212 (509) 926-1322 • Fax: 926-1323 TO: J o kv-x e- r s o~4 SUBJECT: M IDILUt--1E: CoTN ADD. DATE: 4° - 3 - q 1 A++acke cl I S a P r iA+ oF +Ke- w a4e. r rn;aP av, d. A ccq p---i O -P' +ke- F! v~ a l PI &4- w ~ 4k c kan ~ e-s 4ka. 4- ` ou r'eque.s4c--d, s4lso a~~p';l o f=' +ke- u Pcld-~e-d I 4l e_ FOY" ~~ov- Slgned • i ♦ { No. 91 0650 1 ~ BEFORE THE BOARD OF COUNTY COMMI S S I ONM°tq o a F ~r} OF SPOKANE COUNTY, WASHINGTON Ftir IN THE MATTER OF ACCEPTING AN ) AMENDED DEED OF TRUST FOR MIDILOME ) R E S O L U T I O N 6TH ADDITION (PE 1168F, ZE 13-78) ) WHEREASr pursuant to the provisions of the Revised Code of Washington, Section 36.32.120(6), the Board of County Commissioners of Spokane County has the care of County property and the management of County funds and business; and WHEREAS, pursuant to RCW 58.17.130 and the Spokane County Code, the Board of County Commissioners of Spokane County are authorized to accept satisf actory security, providing for and securing the actual construction and installation of improvements required for subdivision approval; and WHEREAS, final plat approval is pending for Midilome 6th Addition, and the Spokane County Division of Engineering has approved the road plan submitted by the developer as required by the conditions of approval; and WHEREAS, pursuant to resolution adopted on May 7, 1991, the Board approved a deed of trust on those lots within Midilome 6th Addition fronting on the public roads to be constructed, as security f or such road improvements; and WHEREAS, the developers of Midilome 6th Addition have requested amendment of the deed of trust so that it may also secure required sewer improvements in said addition, as concurred in the County Division of Utilities; NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Spokane County be authorized to execute that document entitled "Amended Deed of Trust", whereby the developer of Midilome 6th Addition will convey certain lots of said plat in trust to Spokane County for the purpose of securing road and sewerage improvements in said addition. PASSED AND ADOPTED this ~y d a y of , 1991. , BOARD OF ~iOMMISSIONERS OF SPO CO , WASHINGTON St Hasson, Chair ♦ John R. c ri e 7 Patricia A. Mumrney ATTEST: WILLIAM E. AHUE, Clerk of h Board By Deputy erk res\nudilocnel.mca . OG50 AMENDED DEED OF TRiJST This Amended Deed of Trust made this / y day of , 1991, by and between GRANrI'OR, whose name and address is Edgar 6ueschke, Louise Lueschke, IIn-na S. Hawkins and Midilome, Inc., S. 400 Jefferson, Suite 333, Spokane, Washington 99204-3143; a corporation, TRUS'I`EE, whose name and address is First American Title Company, W. 704 First, Spokane, Washington 99204: and SPOKANE COUNTY, a municipal corporation and political subdivision of the State of Washington, F3eneficiary, whose address is West 1116 Broadway, Spokane, Washington, to-wit: Grantor hereby bargai.ns, sells and conveys to Trustee, in trust, with power of sale the following described real property in Spokane County, Washington: Lots 5, 6, 7 and 8- Block 3 in Midilome 6th Addition A_l]_ of Blocks 1, 2 and 6 in Midilome 6th Addition The property wllich is the subject of this Deed of Trus t is not used principally for agricultural or farming pur-poses. This deed is for the purpose of securing.the obJ_igation of the Grantor herein not to sell, convey or apply for building permits on any lot assigned herein until the Granfior constructs all roads, drainage structures and facilities, sidewalks, monuments, curbs, sewage collection J_ines, required des iqns , and other facilit ies in accordance with the approved plans on f ile in the Spokane County Engineer's and Uti]_ities Division offices. These plans are designed to meet Spokane County Standards adopted in Resolution No. 80-1592, as amended, and Conditions of Approval in the Findings and Order for MIDIfjOME 6TH PE1168F and zone change ZE13-78 . The Grantor agrees to conplete and above-mentioned improvements by June l, 1992 . In the event these improvements are not completed by the above mnt ioned date, the Grantor is considered to have defau].ted on the Deed of Trust and Spokane County may at any time thereafter proceed as outl_ined hereafter. The Spokane County Engineer's and Utilities Director estimate for these improvements is $ 174,000.00 . It is further understood that , this Deed of Trust is for the actual cost of improvements at the tsme they are made, which cost may exceed Spokane County's estimate. This Deed of Trust also secures a one year warranty period for the sewerage facilities corrtnencing from the day of acceptance of such facilities for operation and maintenance. To protect the security of this Deed of TruBt, Grantor covenants and agrees: (1) To keep the property in good condition and repair; to permit no waste thereof; and to comply with all laws, ordinances, regulations, covenane.s, conditions and restrictions affecting the property. (2) To pay before delinquent all lawful taxes and assessments against LIIc property; to keep the property f ree ancl clear of all otlie r cliarges, lietls or encumbrances impairing Che security of this Deed of Trust. (3) To defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee, and to pay all cosCs and expenses, including costs of title searcll and attorney's fees in a reasonable amount, in any such action or proceeding and in any suit brought by Beneficiary to foreclose this Deed of Trust. (4) To pay all costs, fees and expenses in connection with this Deed of Trust, including the expenses of Trustee, incurred in forcing the obligations secured hereby and the Trustee's and attorney's fees actually incurred as provided by sCatute. (S) Should the Grantor fail to pay when due any taxes, assessments, liens, encumbrances or other charges against the property hereinabove described, Beneficiary may pay the same, and the amounts so paid, with interest at a rate of 12 percent, shall be added to become a part of the debts secured by this Deed of Trust. It is mutually agreed that: A. RECONVEYANCES: (1) Conditions for Reconveyance. Grantor sha].1 have the right to have any lot or lots within the subdivis.ion reconveyed. The conditions precedent to said reconveyance are: (a) No notice of default remains uncured; (b) Grantor shall be entitled to said reconveyance on all or a portion of the lots within the svbdivision upon: i. Construction by the Grantor of all roads within the f inal plat to the standards required of the Grat,tor by thc Beneficiary in accordance with such final p1aC and acceptance of said construction by the F3eneficiary; or ii. ConstrUCtion by the Grantor of a portion of tlle roads within the f inal plat to the standards requi red of the Grantor by the Benef iciary in accordance wi tli suctl f inal -2- ' plat and acceptance of said cona truc tion by the Benef i- ciary; provided, however, the Beneficiary retains the exclusive autllority to deter►ni,ne whether or not to accept any portion of the roads based in Part upon the traEClc flow within the approved plat; or iii. Subwittal by the GranGor and acceptance by the Benef iciary of acceptable guarantees to constnuct all or a portion of the roads within the final plat to the standards submitted to the Grantor by the nenef iciary in accordance with such final plat. Such guarantees may inclucie perL-orrnance bonds, loan assigrUnents or assignments of savings accounts; provided, however, a submittal to the Beneficiary of guarantees for less than all tlle roads in the plar must be accompanied by a written development proposal indicating those lots within the approved plat which will be sold as a result of a pdrtial reconveyance. The developmenr proposal must be approved in writing by the Benef iciary prior to the acceptance of the guarantee and partial reconveyance. (2) Grantor shall pay for ALL costs and fees in preparation of full or partial reconveyances. . (a) Subordination to Third Party Vendees. Beneficiary agrees that in the event of foreclosure of Grantor's interest herein, Benef iciary s11a11 reconvey to Vendees of the Grantor upon performance by said Vendees to Beneficiary as hereinbefore stated. (3) Cooperation. Each of the parties hereto, forthwith, and on the request of the other, shall execute and deliver such documents and take such action as may be reasonably required in order to carry out the intent and purposes of this Deed of Trus t . (4) Default. Upon def ault by the Granto r( s) in the pe rf ormance of any agreement contained herein, a11 sums secured hereby shall immediately become due and payable at the option of Beneficiary. In such event and upon written request of the Beneficiary, Che Trustee shall sell the trusr property in accordance with the Deed of Trust Act of the State of Washington, and public aucCion Co t}ie highe8t bidder. Any peraon except Trustee may bid at Clie Trustee's sale. Tlle Trustee shall apply the proceeds of the same as follows: -3- (a) To the expense of sale, including reasonable Trustee's and at torney' s fees ; (b) To the obligations secured by this Deed of Trust; (c) The suzptus, if any, shall be distributed to the persons enti_tled thereto. (5) Trustee shall deliver to the Purchaser at the sale, its deed without warranty, which shall convey to the Purchaser the interest in the property which Grantor ha.d, or had the power to convey, at the time of his execution of this Deed of Trust, and such as he may have accluired thereafter. The Trustee's deed shall recite the facts shown that sale was conducted in r.ompliance with a]_1 the recsuirernents af law and of this Deed of Txust, which recital shal_l be pruna facie evidence of such compliance and conclusive evidence thereof in favor of bona fide purchasers and encumbrances for value. (6) The power of sale conferred by this Deed of Trust and by the Deed of Trust Act in the State of Washington, is not an exclusive remedy; Beneficiary may cause this Deed of Trust to be foreclosed as a rrbrtgage. (7) In the event of the death, incapacity or disability or resignation of Trustee, Benef iciary may appoint in writing a Successor Tn.istee, and upon the recording of such appointment in the mortgage records of the county in which this Deed of Trust is recorded, the Successor Trustee shall be vested with al]. powers of the original Tnustee. The Tnustee is not obligated to notify any parties hereto of pending sale under any Deed of Tnust or of any action or proceeding in which the Grantor, Trustee or 6eneficiary shall be a party, unless such action or proceeding is brought by Trustee. (8) This Deed of Trust applies, inures to the benefit of, and is binding not only o the uarties hereto, but their heirs, devisees, legatees, administrators, e.xecutive, successors and assigns. GRAN'I'OR MIDI U,~~ By: - , S~cretazy SPOKANE COUNTY By • . Chairman, Board of County Corrmissioners of Spokane ATTEST: WILLIAM E. DONAHUE County, Washington CLERK OF THE BOARD 8y: . D e p u t y GRAN'I'OR : MIDILOME, INC. ~ / - . . ~ BY : Edgar 8 ~za , Pres&&ent ' . ' BY: ~ jobert H. Tomlinson, Secretary I BY L uise Budschke, Treasurer ~ Bl' : . ~ . S . Hawkins s Ed Bues~hke ~ SPOKANE CO BY: Chairman, Board of Zount Corrmissioners of Spokane County Washa_ngton A'rI'EST : I AM E. DONAH RK OF THE BO D BY: D e p u t y . . , Y APPROVED AS 'PO FORM : SPOKANE COUNTY PROSECUTOR'S OFFICE - 8y: . STATE OF WASHINGTON ) County of Spokane ) On this day personally appeared before me , Edgar Bueschke and Robert H. Tomlinson , known to me to be the individual(s) described in and who executed the within and foregoing instrument and acknowledged that heJshe/they signed the same as his/her/their free and voluntary act and deed for the uses and purposes therein stated. GIVEN UNDER MY HPND and af f ixed my of fi_cial seal this day of 1991. U ~i~'/,~ /r?~1 s~` ~•1~T'~-~L-: i'f ~ r ~ Notary Public in and for the Sta~.- of Washington, residing at SpokanF:. My commission expires : / - 7- TRUSTEE: Received this ,n YAday of 1991. v By: ~ Title . y ~ t z~ PLANNING DEPARTMENT BROADWAY CENTRE BUILDING N 721 JEFFERSON STREET ~ PHONE 456-2205 - ,IA~ yIr r, , aa , ' yt4,, a+•,. SPOKANE, WASHINGTON 99260 SPOKANE COUN7Y GflUTtT MOUSC MEMORANDUM T0: Spokane County County Engineer Spokane County Utilities Spokane County Health District Spokane County Department of Building & Safety Fire Protection District #1 Mod Irrigation District #18 FROM: omas G. Mosher, AICP, Senior Planner DATE: April 25, 1990 SUBJECT: Rcview of Final PE-1168F Midilome 6th Addition Enclosed find copies of the above referenced final plat. Please review and forward any comments by May 10, 1990. If you have any qucstions you may contact Tom Mosher at 456-2205. Please direct your review comments to Tom Mosher. Thank You. kc Enclosure c: Midilome Inc., W. 606 3rd, Spokane, WA. 99204 Charles E. Simpson, N. 909 Argonne Rd., Spokane, WA. 99206 rev : 12/89 d R d e e ~ 4 ~ 9 { 6 • . g l 1~ ~ ;<< ~ ° ~ ~ i t \ 1~ ~ G o ~ • ~ ~ ~ k ~ ~ R, ~ ~ ~ C f ~ ~ e ~ ~ ~ ~ ~ 1 - -  i _ 1 # f t { 4 t 0 t tl r ~ . 4 i y: ~ ~ #r ~ 1 r` ~ ~ ~ `a ~ ~ ~ ~ t t ~ ~ ~ 1 e ~ ~ ~ ~ ~ g. ~ ~ ~ ~ ~ i 1 ~ , 4 ~ x ~ ~ ~ a i~ I I 3 1 F  .d ~ k 4 4 ; eN 1 - I 3 _ p a ~ ~ ~ ~ a