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25282 EASEMENT AGGREEMENT & TITLE DOCS J I ` ' EPIDORSEMENT NO. 2 Attached to and forming a part of Policy Number 304-103699 Issued By SPOKANE COUNTY TtTLE COMPANY acting as agent far COMMONWEALTH LAND TITLE iNSURANCE COMPANY Reference Number BSP-82-02 File Number 103769 The Company hereby assures the Assured that there are not matters shown by the public records which affect the estate or interest described in Schedule A, other than those shown in Schedule B. except: Please ADD Special Exception No. 20 to read as follows: 20. EASEMENT, including the terms, covenants and provisions thereof, as granted by instrument; . Recorded: September 10, 2002 Reco: ding No.: 4770921 In favor of: Qwest Corporation, a Coiorado Corporation Affects: A portion of said premises Effective Date: September 3, 2002 at 8:00 a.m. The effective date for the Guarantee is hereby extended to the date shown herein, subject, however, to any additional matters shown above. The total liability of the Company under said Guarantee and under this endorsement thereto shall not exceed, in the aggregate, the amount stated in said Guarantee. This endorsement is made a part of said Guarantee and in subject to the exclusions from coverage, the limits of liability and other provisions of the Conditions and Stipulations therein, except as modified by the provisions hereof. NRG9/13/02 SPOKANE COUNTY TiTLE COMPANY as agent for COMMONWEALTH LAND TITLE INSURANCE COMPANY Countersigned Joel J. gyel Au 'zed Signa N : This endorsement shall not be vatid or binding F.vsos SM Vitsion Fortn ENWA21 Rev. 03103198 1 . ~ . ~ ~ 4770921 Pa : tof5 09~1Q;2QQQ 10:17A QIE$T EAS $23,00 Spalsane Go, WA RETURN TO: QWEST R.O.W. 904 N. Columbus Spokane, WA 99202 RECOItDING INFORMATION ABOVE. R/w#~ t)613DZb-&J EAsEMErrT aGr.EE1vtEN7 RQMAX ASSOCIATES The undersiged Gramor(s) a Washington General Partnership for and in consideration of Mutuaf Benefit Dollars 0 ) and other good and valuable consideration, the receipt whereof is hereby acknowiedged, does hereby grant and convey unto Qwest Corporation, a Colorado Corporation ("Grantee"), whose address is 1801 California St.. Suite 5200, Denver, CO 802021 its successors, assigns, affiliates, lessees, licensees, and agents a perpetual non-exclusive easement to construct, modify, add to, maintain, and remove such telecommunications facilities, electrical facilities and gas facilities, and other appurtenances, from time to time, as Grantee may require upon, over, under and across the following described property situated in the County of Spokane , State af Washington, which the Grantor owns or in which the Grantor has an interest ("easement area"), to wit: LOT - Ptn. 11 BLK Warren's Five Acre Tracts SECTIC3N -8 TOWNSHIP 25 North KANGE 44 EWvi T'AX PARCEL# 45082 1 "013 & 1814 SEE EYJMIT(S) A& B ATTACHED HEREi'O AND BY THIS REFERENCE MADE A PART HEREOF. . Grantor further conveys to Grantee the right of ingress and egress to and from the easement area during all periods of construction, maintenance, installation, reinforcement, repair and removal over and across Grantor's tands with the right to clear and keep cleared all trees and other obstructions as may be necessary for the Grantee's use and enjoyment of the easement area. Grantee shall indemnify Grantor for all damages caused to Grantor as a result of Grantee's negligent exercise of the rights and priviieges herein granted. Grantee shall have no responsibility for environmental contamination, which is either pre-existing or not caused by Grantee. Grantor reserves the right to occupy, use and cuitivate the Easement A,rea for a[l purposes not inconsistent with the rights herein granted. Grantor convenants that Grantor is the fee simple owner of the Easement Area or has an interest in the Easement Area. Grantor will warrant and defend title to tlte Easemerit 'Area ` J . • ' 4770921 , 01P10J2042 10:17A REST EAS $23.00 S,polcana Co, WA RECORDING INFURMATIaN ABOVE Acry claim, contraversy or dispute arising out of t3vs Agreement shall be settled by arbitradon in accordance with the applicabte rules of the American Arbitration Association, and judgement upon the award rendered by the arbitrator may be entered in atry caurt having jurisdiction diereof. The fubitration shall be conducted in thc county where thc Easement Area is situated Private Easment Individual(s) as Grantor Dated this 7'g day of 44,-, asT 2002. 6:7 GRANTOR: GRANTOR: pa~r; ~ ~ ,~'~rm~,~ /~ss~~•,u~s . GRAN1'OR: GRANTOR: STATE OF WASHNGTON ) ) as: COUNTY UF ) The forgoing instiument was aclrnowledged before me this -7#"day of 5~ 200;qL. bY /1/ [NOTARY SEAL] Witness my hand and official seal: - . . . . . r• . ; . - , o Public , ~r ~Y ' ' ` 'n' I^ ; . • '.'•b'~~"~ y mmission expires: ~ fL ~ t. " - 1° ~~e~i:•.•t4•' i I ~ i - 4770921 9110f2002 o1 0 4;1Tl1 QNST fAS 123.00 Spokane Co, W1 RECORDING INFORMATIQN ABOVE . Any claim, controversy or dispute arising out of this Ageement shall be settled by arbitration in accordance with ;he applicabte rules of thc American Arbitration Association, and judgement upon the award cenciered by the arbitrator mAy be entered in any court having jurisdiction thereof. The arbitration shalt be conducted in the county where ihe Easemerit Area is situated. Corporate Easement Dated this day of 1¢(4,414, g7- , 200 L GRAN'I'OR: Qwest Corporation {Offic;al name of carporati ) i By: ~ Name: 17 /NM e Z ~ Tide: of STATE t?F WASH3NG1'OIN ) ) as: COUNTX OF , The forgomg instivment was ackno~~►tedged before me this j day of JJL4~`itit `YJ .200 Z, bY ~IL fls [President, Vice president or '~tFi~y~ of QUJJC~ a [Stute] 4)0e4jC4O0 corparation, on behalf of the corparaiion. : [NOTARY SEAL] Witness my hand and official seal: ti J` 1 : >0' ``'g~~h F-~'• ~ ItlOTARy • : ~ Notary Public Pusur.1 . o My conunission ecpires: { r 2~j' ~ 2 0 0 4.- I; t~ ~ ~ 4770921 . . 0911012002 10:17A 9~EST FAS s23.00 Spokane Ce, WA EXHIBIT "'A" That portion of Tract 11, Warren's Five Acre Tracts, as per plat recorded in Volume "C" of Plais, Fage 58 records of Spokane County, State of VVashington. Said easement being a 14' wide strip of land as placed along the Southerly property line of the above described property, see Exhibit "B" attached. This easement replaces and relinquishes in fult tne easement granted to US West Comnlunications dated tlie 23'd of lube, 1992 ~urder SFokane Caunty Auditor's recording No. 9207010041 once the following conditions are met: * Relinquishment of said easement will accur only if and when the property owner, Romax Associates, or a successive property owner pays in fuli the costs associated to move existing cabinet from existing easement to the new easement location, and the move itseif has been compteted in futl. * Qwest agrees to place cabinet between the South property line and the to-be constructed curb as delineated on the construct+on plans. Grantor will provide survey staking to identify the area of cabinet placement between said curb and the South property line. The Grantor will provide grade for placement ofthe cabinet. Roma~c Associaies:~'G r Qwest CorPoration: . R/W Ref. #NA 00 13 0 ZW S~. Parcel # 197409 000 CPD # 22WH2 I 3 Page 3 of 4 0 ~ , , . . 4770921 . . 09~1012002 O 1017A EAS q23.40 Spokane Go, WA ~ EXHIgfT "B" Portion of NW Section 8, Township 25 North, Range 44 E. W.Ni. . • ~ ~ ' ~d + &OESr EASEJWE1lq- 7')! 17 ~ . ~ , y~v Qtv~~~~~tc~r • - ~ ~ - . . . . ~ ~ ~ . /D,LRoE- As Pt~eEn , ♦ . f{4E7 M liU7 44t1EA 9 /l0 <-VnqLE R1W Ref. #WA 0g1 D Z Ws0 ~ Parcel # 45092.1833 & 1814 CPD # . Page 4 of 4 : I • ENDORSEMENT NO. 1 Attached to and forming a part of Policy Number 304-103699 Issued By SPOKANE COUNTY TITLE COMPANY acting as agent for . COMMONWEALTH LAND T17LE INSURANCE COMPANY Reference Number BSP-82-02 File Number 103769 The Company hereby assures the Assured that there are not matters shown by the pub{ic records which affect the estate or interest described in Schedule A, other than those shown in Schedule B, except: Please AMEND the legal description as follows; See attached legat description. Effective Date: August 14, 2002 at 8:00 a.m. The effiective date for the Guarantee is hereby extended to the date shown herein, subject, however, to any additional matters shown above. The total liability of the Company under said Guarantee and under this endorsement thereto shall not exceed, in the aggregate, the amount stated in said Guarantee. This endorsement is made a part of said Guarantee and in subject to the exctusions from coverage, the limits of liability and other provisions of the Conditions and Stipulations therein, except as modified by the provisions hereof. GJ H-8/26/02 SPOKANE COUNTY TITLE COMPANY as agent for COMMONWEALTH LAND TITLE INSURANCE COMPANY Countersigned ~ j Joel J. ~nel Autnotized Signatory Note: This endorsement shaJl not be valid or binding until oountersigned by an authorized signatory. LitigationfTrustee's SalelContract Forfeiture Guarantee Date-Down Endorsement CLTA Form (6-24-70) F.4805 SM virsicn Fortn ENWA21 Rev. 03I03198 . 1 j' • ~ ~ - Exhibit A Titie Order No.103769 That portion of Tracts 8, 9,10,11 and 12, WARREN'S FIVE ACRE TRACTS, as per plat recorded in Volume "C" of Piats, page 58, records of Spokane County, described as foltows: COMMENCING at tfie Southeast corner of said Tract 11; . Thenr.e Rorfafi 00°39'QO" East, atong the East iine of said Tract 11, a distance of 33.50 feet to the Northerfy margin of Montgomery Avenue, per right of way deed recorded under . Auditoes File No. 4250862, and the True Point of Beginning of this tegai description; Thence Westerly along said Northeriy margin the following 6 courses: (1) Thence North 89059'31" West, a distance of 24.72 feet; (2) Thence South 38049'09" West, a distance of 25.65 feet; (3) Thence North 89°59'31" West, a distance of 224.45 feet; (4) Thence North 87008104" West, a distance of 150.43 feet; (5) Thence North 89°59'31" West, a distance of 170.54 feet; (6) Thence North 43°24'08" West, a distance of 41.95 feet to the Easterly margin of Argonne Road, according to instrument recorded under Auditor's File fdo. 50626813; Thence North 00138'24" East, along said Easteriy margin a distance of 118.49 feet to the North line of the South 169.96 feet of said Tract 11; Thence South 89°59'31" East along said line, a distance of 512.05 feet; Thence North 00007'13" West a distance of 450.06 feet to the North line of said Tract 12; Thence North 74000'38" East atong the North line of said Tract 12 and Tract 8, a distance of 552.08 feet to the West line of the East 210,00 feet of said Tract 8; Thence South 00039'00" West, along the West line of the East 210.00 feet of said Tracts 8, 9 and 10, a distance of 572.24 feet to the South line of tfie North 100.00 feet of said Tract 10; , Thence North 90°00'00" East along said South line, a distance of 200.00 feet to the West line of the East 10.00 feet of said Tract; Thence South 00039'00" West along said West line, a distance of 200.00 feet to the South boundary of said Tract 10; Thence North 89059'31" West along said South boundary, a distance of 349.87 feet; Thence North 00°00'29" East a distance of 3.00 feet to its intersection with said tdortheriy margin of Montgomery Avenue; Thence Westerly along said Northerly margin the following 4 courses: (1) Thence North 84017'33" West, a distance of 105.73 feet; (2) Thence North 89059131" West, a distance of 105.03 feet; (3) Thence North 43040'33" West, a distance of 27.65 feet; (4) Thence North 89°59'31" West, a distance of 40.34 feet to the True Point of Beginning; Situate in the County of Spokane, State of Washington. ' U I 1 ' - L• VUARANTEE ~ 4 s GvARANTEE xcnHBER ~ k 304-103699. Qo,~~GOUo S Uabillty = 1, 000 . 00 G Fee $ 150.00 SUBJECT TO TfE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABII,ITY AND OTHER PROVISIONS OF THE CONDTTIONS AND STIPULATTONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, AND SUBJECT TO THE FURTHER EXCLUSION AND LIMITATION THAT NO GUARANTEE IS GIVEN NOR LIABII.TTY ASSLJMED WITH RESPECT 'PO THE IDENTITY OF ANY PARTY NAMED OR REFERRED T'O IN SCHEDULE A OR WITH RESPECT TO T'HE VALIDITY, LEGAL EFFECT OR PRIORITY OF ANY MATTER SHOWN TBEREIN, Commonwealth m Land Title Insurance Company a corporation, herein called the Company GUARANTEES the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated in Schedule A which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. Dated: June 27, 2002 at 8:00 a.m. • COMMONWEALTH LAND TITLE INSURANCE COMPANY Countersigned BY. ` • President ~ Attest: By . ~ Authorized cer or Agent Secretary oel J. Lengyel CLTA Quarentee Face Page (Rev. 6-8-92) Form 1025 nnnu• . , „ 0 . SUBDIVISION GUARANTEE SCHEDULE A Office File Number Amount of Insurance 103769 $1,000.00 Reference Number Premium BSP-82-02 Policy Number Date of Policy $150.00 304-103699 June 27, 2002 at 8:00 a.m. Tax $12.15 Total $162.15 Name of Assured: PAT MOORE AND ASSOCIATES, P.S. The assurances referred to on the face page are: That, according to those public records which, under the recording laws, impart constructive notice of matters relative to the following described real property: See Exhtbit A attached hereto and made a part hereof. Ti ea pro ' vested in: ROMAX ASSOCIATES, a ashington general partnership Subject to the matters shown below under Exceptions, which Exceptions are not necsssarily shown in the order of their priority. EXCEPTIONS: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Unpatented mining claims, reservations or exceptions in the United States Patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 3. Title to any property beyond the lines of the real property expressly described herein, or title to streets, roads, avenues, lanes, ways or waterways on which such real property abuts, or the right to maintain therein vaults, tunnels, ramps, or any other structure or improvement; or any - rights or - easements- therein- unless such property, rights or easements are expressly and specifically set forth in said description. Subdivision Guarantee Page 1 ~ Il Exhibit A Title Order No.103768 That portion of Tracts 8, 9,10,11 and 12, WARREN'S FIVE ACRE TRACTS, as per plat recorded in Volume "C" of Plats, page 58, records of Spokane County, described as follows; COMMENCING at the Southeast corner of said Tract 11; Thence North 00039'00" East, along the East line of said Tract 11, a distance of 33.50 feet to the Northeriy margi ntgomery Avenue, per right of way deed recorded under Auditor's File No 4rko-0862, and the True Point of Beginning of this legal description; Thence Westeriy lNortherly margin the following 6 courses: ~ (1) Thence North 89059.31.' West, a distance of 24.72 feet; (2) Thence South 38049'09" West, a distance of 25.66 feet; ~ (3) Thence North 89°59'31" West, a distance of 224.45 feet; (4) Thence North 87008'04" West, a distance of 150.43 feet; (5) Thence North 89059'31" West, a distance of 170.54 feet; (6) Thence North 43024'08" West, a distance of 41.95 o the Easteriy mar Argonne Road, accVi4'-East, to instrument reco nder Auditor's File . 506268B; Thence North 00038 along said Easterly margin a distance of 16.49 feet to the North line of the So9.96 feet of said Tract 11; Thence South 89059'31" East along said line, a distance of 512.05 feet; Thence North 00007'13" West a distance of 450.06 feet to the North line bf said Tract 12; Thence North 74000'38" East along the North line of said Tract 12 and Tract 8, a distance of 552.08 feet to the West line of the East 210~00 feet of said Tract 8; Thence South 00039'00" West, along the West line of the East 210.00 feet of said Tracts 8, 9 and 10, a distance of 572.24 feet to the South line of the North 100.00 feet of said Tract 10; Thence North 90000'00" East along said South line, a distance of 200.00 feet to the West line of the East 10.00 feet of said Tract; Thence South 00039'00" West along said West line, a distance of 200.00 feet to the South boundary of said Tract 10; Thence North 8905931" West along said South boundary, a distance of 349.87 feet; Thence North 001100'29" East a distance of 3.00 feet to its intersection with said Northerly mar9in of Montgomery Avenue; _ Thence Westerly alonp said Northeriy margin the following 4 courses: ~b (1) Thence North 817'33" West, a distance of 105.73 feet; , (2) Thence North 89059'31" West, a distance of 105.03 feet; (3) Thence North 43040'33" West, a distance of 27.65 feet; (4) Thence North 89059'31" West, a distance of 40.34 feet to the True Point of Beginning; Situate in the County of Spokane, State of Washington. \r// t , • ' , ~ f 1 ~ SCHEDULE A (Continued) Flle Number: 103769 Policy Number: 304-103699 Additional Exceptions: 4. GENER:AL REAL ESTATE TAXES, (including amounts for Aquifer, Storm Water, Irrigation, Drainage Water, and Flood Control, if any), for the second half of the year 2002 due, but not delinquent until November 1, 2002; Full Year Amount bilied: $169233.39 1 st Half Amount paid: $8,116.69 2nd Half Amount due: $8,116.70 Tax Account No.: 45082.1847 Affects: A portion of said premises Full Year Amount billed: $110954.20 1st Half Amount paid: $59977.10 2nd Half Amount due: $5,97'7.10 Tax Account No.: 45082.1848 Affects: A portion of said premises 5. DEED OF TRUST, to secure an indebteclness, inciuding any interest, advances, or other obligations secured thereby; Amount: $3,250,000.00 Dated: February 8, 2002 Recorded: February 21, 2002 Recording No.: 4692225 Grantor: Romax Associates, a Washington General Partnership Trustee: ' ` any, Beneficiary: C ~ Giobal Credit Union, a coroar.a#o6 Affects: A portion of said premises . 6. AGREEMENTs including the terms and conditions thereof; Between: Modern Electric Water Company, a corporation And: D.K. McDonald and others And: . Modern irrigation and Land Company, a corporation ~ Recorded: November 6,1905 Recording: No.: 131084 For: Supplying of water and electricity 7. JffASEMENI, including the terms, covenants and provisions thereof, as granted by instrument; Recorded: May 9, 197T Recording No.: 7705090313 In favor of: Ben T. Sessions, et al - For: Ingress, egress, utilities and covenants Affects: A portion of safd premises AMENDMENT TO WARRANTY DEED; Recorded: January 4,1979 Recording No.: 7901040179 For: To amend Pargraphs one and five Subdivisioo Guarantee Page 2 . u SCHEDULE A (Continued) File Number: 103769 Policy Number: 304-103699 8. EA.$EMENT, including the terms, covenants and provisions thereof, as granted by instrument; Recorded: October 6, 1978 - Recording No.: 7810060245 ~ In favor of: John E. Cannon and Sharon'J Cannon, husband and wife ~ For: Ingress, egress, utilities and covenants Affects: A portion of said premises 8. EASEMENT, including the terms, covenants and provisions thereof, as granted by instrument; Recorded: Recording No.: C:E0023 In favor of: e ounty, a municlpal corporation, State of Washington For: The right of reasonable ingress and egress to, over and from said easement for the installation, operation, maintenance and repair of cross walk and guard rail Affects: A oortien nf cgid~nr _,gmisec (7r00237 ERS set forth on those certain Surveys recorded February 20, 1992 and April 21, 1992 in Boo ges 58 and 59, and in Book 52, page 24, under Spokane County Auditor's File Nos.'9202200230, and.9204210187. ' S Z p S-F 5 91. EASEMENT, including the terms, covenants and provisions thereof, as granted by instrurnent; Recorded: July 1, 1992 Recording No.: 9207010041 In favor of: U.S. West Communications, Inc., a Colorado Corporation For: Telecommunications facilities Affects: A portion of said premises • 12. EASEMENT, inciuding the terms, covenants and provisions thereof, as granted by instrument; Recorded: March 24, 1993 Recording No.: 9303240125 In favor of: U.S. West Communications, Inc., a Colorado Corporation . For: Telecommunications facilities Affects: A portion of said premises 13. EASEMENT, including the terms, covenants and rovisions thed~ f, as granted by instrument; _ 49~ Recorded: Jui ~ 1 Recordin9 No.: 4250863 v ~~v . In favor of: ' e County, a palitical subdivision of the State of Washington For: Argonne Road underpass Affects: A portion of said premises Subdivision Guarantee Page 3 r • . • • / ~J SCHEDULE A (Continued) File Number: 103769 Policy Number: 304-103699 14. EASEMENT, including the terms, covenants and provisions thereof, as granted by instrument; Recorded: October 29, 2001 : Recording No.: 4647476 In favor of: Spokane Airport Board, City of Spokane and the County of Spokane, municipal corporations and political subdivisions of the State of Washington For: Avlgation easement Affects: Said premises 15. RELEASE OF COVENANT; Between: Romax Associates, a Washington general partnership And: Future Properties LLC, a Washington limited liability company And: John E. Cannon and Sharon J. Cannon, husband and wife Recorded: February 5, 2002 . Recording No.: 4685750 16. ][FRMS, COVENANTS AND PROVISIONS of that certain easement, as created by instrument; Recorded: ',ary,.,5,2002 Recording No.: 752 In favor of: Romax Associates, a Washington general partnership For: Vehicular driveway \ 17. DECLARATION OF RECIPROCAL EASEMENTStiCOVENANTS AND RESTRICTIONS; ~ Recorded: M 002 Recording No.: 469947 Executed by: . ax Associates, a Washington general partnership LEA,SE MEMORANDUM AND SUPPLEMENT TO. pECLARATION OF RECIPROCAL EASEAAENTS. COVENANTS AND RESTRICTIONS; Recorded: April 4, 2002 Recordin9 No.: 4710189 Executed by: Romax Associates, a Washington general partnership 18. UNRECORDED LEASE, including the terms, covenants, conditions and provisions thereof, and any failure to comply with the terms, covenants, conditions and provisions thereof, constructive notice of which is given by recital in lease memorandum and supplement to declaration of reciprocal easements, covenants and restrictions; Dated: September 24, 2001 Recorded: April 4,2002 Recordfng No.: 4710189 Lease dated: March 15, 2002 Lessor: Romax Associates, a Washington general partnership Lessee: Yoke's Washington Foods, Inc., a Washington corporation Subdivision Guarantee Page 4 • - - SCHEDULE A (Continued) File Number: 103769 Policy Number: 304-103699 19. TERMS AND CONDITIONS of the partnership/joint Venture under which title is vested. Any conveyance or encumbrance of partnership property must be executed by all of the general partners, including spouses, if any, unless otherwise provided for in said partnership agreement. Subdivision Guarantee Page 5 /,l Nybdrg, Gary - From: Rollins, Martin Sent: Tuesday, September 10, 2002 8:39 AM To: Nyberg, Gary Subject: FW: BSP - 82 Dedication language Gary: Here is the proposed language that is acceptable to the developer in this matter. "Approval of this Binding Site Plan by Spokane County shall not modify, amend, supersede or terminate any provision of any prior plat of the property relating to indemnity or liability of the owners and occupants of the property, on the one hand, and Spokane County, on the other hand. The developer, property owners, homeowners association and any similar entity waive any and all claims for damages against any governmental authority arising from the construction, ownership or maintenance of public facilities where the government has not been at fault." Martin D. Rollins Deputy Prosecuting Attorney (509) 477-2878 -----Original Nlessage----- From: Rollins, Martin Sent: Thursday, September 05, 2002 4:38 PM To: 'G. Nick Bergh' Subject: RE: BSP - 82 Dedication language Nick: How about the following language, just to protect the county from being held liable for someone else's negligence? "Approval of this Binding Site Plan by Spokane County shall not modify, amend, supersede or terminate any provision of any prior.plat of the property relating to indemnity or liability of the owners and occupants of the property, on the one hand, and Spokane County, on the other hand. The developer, property owners, homeowners association and any similar entity waive any and all claims for damages against any governmental authority arising from the construction, ownership or maintenance of public facilities where the government has not been at fault." Let me know. Thank you. Martin D. Rollins Deputy Prosecuting Attorney (509) 477-2878 -----Original Message----- From: G. Nick Bergh [mailto:gnbergh@painehamblen.com] Sent: Wednesday, September 04, 2002 3:29 PM To: mrollinsQspokanecounty.org Cc: RobertQwaynco.net Subject: BSP - 82 Dedication language Based on our conversation earlier today, the following is my suggested revision to the county's requested waiver in the dedication language on the Binding Site Plan, as described in my letter of August 27 to Gary Nyberg: 1 ~ ~ o "Approval of this Binding Site Plan by Spokane County shall not modify, amend, supersede or terminate any provision of any prior plat of the property relating to indemnity or liability of the owners and occupants of the property, on the one hand, and Spokane County, on the other hand." Please let me know if this will be acceptable to the County. Thanks Garth Nicholas Bergh Paine, Hamblen, Coffin, Brooke & Miller LLP 717 west Sprague, Suite 1200 Spokane, WA 99201-3505 Phone: 509-455-6047 * Fax: 509-838-0007 e-mail: gnbergh@painehamblen.com web: http://www.painehamblen.com 2 vr--~ ~~2~"/~~G The developer, property owners, and homeowners' association waive any and all claims for damages against any governmental authority arising from the construction, ownership or maintenance of public facilities. This waiver includes claims of any nature, including but not limited to person and real property damages as wel l as any inverse condemnation claims.