25287 BSP-82-02
S P O K A N E C O U N T Y
A DIVISION OF THE PUBLIC WORKS DEPARTMENT
DMSION OF PLANNING
MEMORANDUM
TO: Dave Berto, L.S.
FROM: James Richardson, Associate Planner r--
DATE: December 10, 2002
RE: Final BSP Mylars: BSP-82-02
Please review the attached final BSP mylars for BSP-82-02, Argonne Center. If you have any
questions you may contact me at ext. 7168, or stop by in person.
Attachments: mylars
.
MAIL STOP PWK-1 • 1116 W. BROADWAY AVENUE • SPOKANE, WASHINGTON 99260-0220
PHONE: (549) 477-7200 • FAX: (509) 477-2243 • TDD: (509) 477-7133
f'
S P O K A N E C O U N T Y
A DIVISION OF THE PUBLIC WORKS DEPARTMENT
DIVISION OF PLANNIlVG
MICHAEL V. NEEDHAM, DIRECTOR
MEMORANDUM
TO: Spokane County Assessor's Office; Andrea Sandvik
L,,..a i„ c .,a
FROM: Jody Fisher
For James Richardson, Associate Planner
DATE: July 15, 2002
SUBJECT: Proposed Final Binding Site Plan - BSP-82-02.
Attached is a copy of the Plat Certificate for the above-referenced proposed final short
plat. Review and forward any comments you may have by July 29, 2002. If you have
any questions you may ca11477-7168.
Thank you.
Attachment: Plat Certificate
MAIL STOP PWK-1 • 1116 W. BROADWAY AVENUE • SPOKANE, WASHINGTON 99260-0220
PHONE: (509) 477-7200 9 FAX: (5iY9) 477-2243 9 TDD: (509) 477-7133
t
.
S P O K A N E C O U N T Y
A DIVISION OF TI-IE PUBLIC WORKS DEPARTMENT
DIVISION OF PLANNING
MICHAEL V. NEEDHAM, DIRECTOR
MEMORANDUM
TO: , , ~ e~ ~ • - ~ . . , 'r „ , ~t" ri~ g '
co nge r , I
Division of Engineering and Roads, Development Services, John Hohman
Division of Utilities, Information Services, Jim Red
Division of Utilities, Stormwater Utility, Brenda Sims
Spokane Regional Health District, Don Copely
Division of Building & Code Enforcement, Ron Hand
Spokane County Fire District No. 1
~
FROM: James Richardson, Associate Planner IJ
DATE: July 15, 2002
RE: FINAL Binding Site Plan; BSP-82-02
Enclosed is a copy of the FINAL Binding Site Plan BSP-79-01 containing 10.95 acres and
proposing 7 lots for commercial uses. Please provide written comments requesting any necessary
changes or supplemental requirements on or before July 29, 2002. If you have any questions you
may contact me at 477-7168.
Enclosures
copy without enclosures: Pat Moore; 5523 N. Greenwood Blvd.; Spokane, WA 99205
Romax Associates; 613 S. Washington, #102; Spokane, WA 99204
MAIL STOP PWK-1 • 1116 W. BROADWAY AVENUE • SPOKANE, WASHIlVGTON 99260-0220
PHONE: (509) 477-7200 • FAX: (509) 477-2243 9 TDD: (549) 477-7133
Kimball, Sandy
From: Nyberg, Gary
Sent: Tuesday, July 16, 2002 8:28 AM
To: Berto, Dave
Cc: Hohman, John; Kimball, Sandy; Baldwin, Greg
Subject: Final BSP-82
Dave, I have a copy of the referenced Reciprocal Easements AF #4699478 which includes shared storm drainage use &
maintenance of common facilites. The final BSP is OK regarding drainage.
1
, 4250862
Pa e: 1 of 3
01~3111998 08,51A
FIRSi. lMfRICAN TI1lE IHS D 510.00 Saokane Co, WA
After Recording Retum To: Spakane County Engineer
Attn: Right of Way Department . •
:t
g8 Ob~3 ` RIGHT OF WAY DEED
1N THE MATTER OF MON1'GOMERY ROAU, CR.P 2415, RT NO. 1241 "F", KNOW ALL MEN
BY THESE PRESENTS, that the Grantor,1994-N1 Washington Associates L.P., a Delaware limited
partnership doing business in the State of Washi.ngton, for and in considerarion of Mutual Bemefits,
, conveys and quit claims to Spokane County, a political subdivision of the State of Washington,
Grantee, the foliowing described pazcel of land, situated in Spokane County, State of Washington,
to-wit:
PORTION OF ASSESSORS PARCEL NO(S).: 45082.1825 and 45082.1814
That portion of Tract 11 of WARREN'S FIVE ACRE TRACTS, as per plat thereof
recorded in Volurne "C" of Plats, Page 58, Spc>kane County, lying Southerly of the
following described line:
~ BEGINNING on the East line of that parcel conveyed to Spokane County on
t~u February 8,1991 under Auditor's Recording Number, , said point being
~ 180.31 feet East of and 21.00 feet North of the Southwest corner of said Tract 11;
~ thence Easterly parallel with the South Line of said Tract 11; a distance of 34.69 feet;
m thence Southeasterly to a point being 13.50 feet North of and 365 feet East of said
n Southwest corncr; thence Easterly, parallel with said South line, a distance of 224.45
~ feet; thence; Northeasterly to a point 33.50 feet North of and 605.3 feet East of said
Southwest corner; thence Easterly, parallel with said South line, a distance of 24.72
feet to the East line of said Tract and the Terminus of this line description.
Containing 7,552.1 square feet
TOGETHER WITH
N
o That portion of Traet 10 of WARREN'S FIVE ACRE TRACTS, as per plat thereof
~ recorded in Volume "C" of Plats, Page 58, Spokane County, lying Southerly of the
0 3.
°D following described line:
0
~
w
to
• • 4250862
• • a Pagr: 2of3
0~131:1998 08;57A
FIRST, AMERICAN T111E INS D $10,00 Sokane Co, WA
BEGINNING at a point on the West line of Tract 10 being 33.50 feet North of the
Southwest corner of said tract 10, thence Easterly and parallel with the South line of
said tract 10, a distance of 40.34 feet; thencc Southeasterly to a point bcing 13.50 feet
North of and 59.66 feet East of the Southwest corner of said Tract 10; thence
continuing Easterly and parallei with said South line, a distance of 105.03 feet;
thencc Southeasterly to a point being 3.00 feet North of and 270.00 feet East of said
Southwest corner and the terminus of this line description.
Containing 4092.26 square feet
Located in the Northwest Quarter (NW 1/4) of Section 8, Township 25 North, Range
44 East W.M., Spokane County, Washington.
Subject to easements and reservations of record.
IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this
-~L D day of July, 1998.
1994-N1 VI/ashington Associates L.P., a Delaware limited partnership
By 1994-N 1 Washingt GP Corp., Its General Partner
~ ~ -
By
Ic3 ~c•.-~Tf~rU
.J
2
a '
. .
- • . ~ 4250862
• f 7131l1998 o~
4 57A
State of TE xA~ ~ FIRST, AMERICAN TITLE 1NS D 516.00 Spokane Co, NA
: ss
County of 12Fl~1AS 1
I certify that I know or have satisfactory evidence that A+ tttn S• PCLtt'tc k.. 01 /are)
the individual(s) who appeared before me, and said individual(s) acknowledged that @q/she/they)
signed this instrumcnt, on oath stated that (&she/they) (~v-Wwere) authorized to execute the .
instnunent and acknowledge it as the S. r;~tar u `e o f
I 994 -NI U11).. u- ~•f~t~r c.-~~ 094-141 "ls~t4hc„~L4J~tobethe
free and voluntary act of such party or the uses and purposes mentioned in the instrument.
Dated this JOt1' day of July, 1998.
~ _~"l~d.LLL• i~ % y! c, fliZLk.)
Notary Public in and for the
State of
Residing at_J~Lt_.M5
Commission expires: C a„ L /a
N.t4OMEURS\WWKIRIGli7'-0F.WAY • • ,
` Y dr .
PATRICIA MILNER
t* j tYCt~►Y Pupii;. &i-ue oi 1'exas .
~ ~ My C~nvn. Eapires 08J19101 -
3
. 4250863
Pa e; 1 of 4
• • 41~31J1998 08:51A
! FIRST. MERICAN TITIE INS FAS $11.00 Scokane Co, WA
After Recording Return To: Spokane County Engineer
Attn: Right of Way Department
9$ 0619 -y EASEMLNT
Y`/.7~ARGOC'~
IN THE MA R OF NNE R4AD RF No. 2638, CRP 2273, KNOW ALL MEN BY
THESE PRESENTS, that the Grantor, 1994-N1 Washington Associates L.P., a Delaware limited
partnership doing business in thc State of Washington, for and in consideration of Mutual Benefits,
conveys and quit claims to Spokane County, a political subdivision of the State of Washington,
Grantee, its successors and assigns, a perpetual non exclusive easement under the hereinafter
described lands situated in the County of Spokane, State of Washington:
AFFECTS ASSESSORS PARCEL NO{S}.: 45082.1814
The East 50.00 feet of the West 65.00 feet of Tract 12 WAR.REN'S FIVE ACRE
TRACTS, as per plat thereof recorded in Volumc "C" of Plats, Page 58, Spokane
County, Washington;
0
~
~ Located in the Northwest Quarter (NW 1/4) of Section 8, Township 25 North, Range
w
44 East, W.M., Spokane County, Washington.
~
w The pcrpetual non-exclusive eascmcnt gianted to Spokane County, its successors and assigns is for
°D the sole purpose of securing that azea needed for maiotaining, repairing, repiacing, removing, and
n all other uses or purposes whieh are or may be related to the tie backs associated with the Argonne
~ Road Underpass; provided, however, that the Tie Backs are not expanded in size and provided
further that any holding, maintaining, repairing, replacing, removing or other construction work be
performed in such a manner as not to do any damage of any nature to the Pmperty including any
pavement, parking area or roadway, or to the building now located above the easement area or any
building subsequently constructed thereon, as not to undermine or compromise the support for the
~ buitding now located above the easement area or any building subsequently constructed thereon, or
ry as not to block access to Grantor's Property or impair pazking thereon. In the event any damage
0 occurs in the course of maintaining, repairing, replacing, removing or reconstructing the Tie Backs,
or in the event of any damage arising from the subsidence, settling or otherwise of the bwlding or
m of any surface improvements arising out of the nriginal or later construction of or existence of the
° Tie Backs, Grantee shall pay all damages arising from and related to such damage and/or shall
0
~ promptly restore the Progerty to its condition prior to such damage at its cost. It ' expressly
0 1
. , . ~ l 4250863
I Pa a: 2 of 4
OT~31/1998 08:57A
F1RST. ANERIfA-N TI1lE INS fAS S11.00 Sookane Co, a
understood and agreed that Spokane County or its successors and assigns shall have the right of
ingress and egress from the Progerty described above for the purposes expressly stated herein. All
such work shall be performed solely at the cost and expense ofthe Grantee, its successors or assigns.
The Grantor reserves the right to use and enjoy that Property which is the subject of this easement
for purgoses which will not interfere with the County's full enjoyment of the rights hereby granted,
including in this reservation, without limitarion, the right to maintain, repair, expand, or replace the
building now located thereon. Provided, the Grantor(s) shall not excavate, in the easement area
without prior express written permission by the Spokane County Engineer, which permission shall
not be unreasonably withheld.
The Easement described herein above is to and shall run with the land. No modificadon of the
boundaries of said Easement can be made without the prior approval of Spokane County.
Grantce acknowledges for itself, its successors and assigns that a building owned by Grantor
currently stands in part on the Easemcnt area, and that this Easement in no way requires the removal
or modification of the currcntly existing building owned by Grantor or limits the right of Grantor,
its successors or assigns to repair, maintain, expand or replace such building so long as such work
is performed in a manner so as not to interfere with or in any way effect the Soldicr Tie Backs for
the Argonne Road Underpass. Grantee hereby waives forever on behalf of itself, its successors or
assigns, any and all claims it may currently have or which may in the future arise against Grantor
its successors or assigns in any way relating to the eneroachment of the building on the Easement
area.
Grantor acknowledges and agrees, for itself and its successors and assigns, that it will not hereafter
seek to grant or grant any other easement of any nature to any person or entity over the Easement
area included in this Easement deed. This shall in no way prohibit Grantor from conveying its
interest in the subject property by any form of deed, subject to this Easement.
2
4250863
87~3111998 o 08 57A
FIAST. WRIC.A.N 1ITlE 1NS FAS $11.00 Saokane Co, 1N►
IN WITNESS WHEREOF, the undersigned has caused ttus instrument to be executed on lhis
day of July, 1998.
1994-N 1 Washington Associates L.P., a Delaware limited partnership
By 1994-N1 Washingt GP Corp., Its General Partner
l /
$3/ ~C
Its S~etan,c
__j
Spokane County, Washington
Boazd of County Commissioners
By
1P ' 'xp. 's, hair
By aiS( .
M t C' Vic Chair
sy
Roskelley, Commissio r
State of CeWi', ~
:ss
Couniy of D a 11 a.s 1
I certify that I know or have satisfactory evidence that R 1 l u n 5. t~i-ri cK: Qaze)
the individual(4 who appeared before me, and said individual(s) acknowledged that S/she/they)
signed this instrurnent, on oath stated that &she/they) (as/were) authorized to execute the
instrument and acknowledge it as the ,e.re fm%. of
f~~i~ tJ) 6Josh,~-}rsn ~;P(r, ~~t~Qr 94-K11 lz'a ;n s:c&u1~ ~N tobet~tefreeand
voluntary act of such party for e uses and purposes mentioned in the instrument.
Dated this ~0t-' day of July, 1998.
Notary Public in and for the
PATRICIA N1ILNER ~
State of
f~ ilctar Pymic SL••t: of Texas
W Corram. capires 08114/01 Residing atj)~Lj IQ6
Commission expires: C 8
3
4250863
• ' Pae, 4of4
07~3111998 08:57A
FIRST. IIiERICM TI1lE INS EAS $11,00 Sookane Co. VA
STATE OF WASHINGTON )
:ss
County of Spokane )
I certify that I know or have satisfactory evidence thafF . M. Kate McCaslin and John
Roskelley, signed this instrurnent, on oath stated that they are authorized to execute the instrument
and acknowledged it as the Members of the Board af County Commissioners of Spokane County,
to be the free and voluntary act of said political subdivision, for the uses and purposes mentioned
in the instrument.
DATED this day of July, 1998.
~
d4 CO `.i ,
N Public i~ for the State of Washington
r$ • ~ esi ing at Spokane
. ~ • Commission expires
rr.
Attest: . -
William E. Donahu • .
, , ~o 0 0.... ~ ~ .
Clerk of the Board ~ " .
N:INOME1nRS1WMLEASFMM'.S 11
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S P O K A N E O U N T Y
1
A DIVISION OF THE PLBLJC WORKS DEPARTMENT ~
DIVISION OF PLANNING
MICHAEL V. NEEDHAM, DIRECTOR
MEMORANDUM
TO: Dave Berto, L.S.
FROM: James Richardson, Associate Planner i-k
DATE: July 29, 2002
RE: Final Plat Mylars Turtle Creek South 1 ' Add.; PE-1815-96
Please review the attached final plat mylars for Turtle Creek South 1 S` Add.; PE-1815-96. If you
have any questions you may contact me at ext. 7168, or stop by in person.
Attachments: mylars -
~
N ~
-
CQ ~
MAIL STOP PWK-] • 1116 W. BROADWAY AVENUE • SPOKANE, WASHINGTON 99260-0220
PHOIVE: (509) 477-7200 • FAX: (509) 477-2243 • TDD: (509) 477-7133
. ,
RIGHT OF WAY DEED 5(362~"?'B eOQ~I 'N PAGE~~V ,
~
' IN THE MAZ'TER af the Locus_t..Road............_....---•----------------•----- ,No..---.24~. F .
D
KNOW AI,I., MEN BY THESE PRESENTS, That---------------- GA ..._.B=teax-----------------•----------------....._...._-------
and--•------ E 1 s i e K. B ax t e r......-•----------------------•--------•--..............._...------..__. his wif e, of the County of Spokane,
in the State of Washington, in consideration of the benefits and other valuable considerations, and the sum of
• Dollars, paid.................... by the County of Spokane, the. receipt
whereof is hereby acknowledged-
.
. - 'r~=:-=-------------=-:--
have granted, bargained, sold and conveyed, and by these presents ~do grant, bargain, sell and~~~cqnvey unto said
Spo~kane Caunty, the following described parcel of land, -situated in Spokane County, in~ the oI, VVashington, ~
to-wit .
A strip of land...... IQ ..:..........feet wide AZ z2tdM&ztd Nm~b~~►athx_....--------~
r mt I d7, ximand~d~az~t~~---._. ----='---=-=~~abc~ -
~
rhMi
~ being._ the. east 10 f eetof Tracts Right....Nine.,._ and Ten in, the ~
~ Plat. of _ W~rren! s .F?~_Y.e..Acr~--Tr~~t~._in_....:...........--------...---~-----------:-.......-•---...-------
-
Zf, Section.......... Township-----.... ?5 ----------North, Range--- E.W.M. ' - . ~ . .
TO HAVF, AND TO HOI.D the same, unto the said Spokane County for the purposes of a public road
f orever.
~ •
In witness whereof..... We ................have- hereunto set...our................... hand..s and seal.9. this...... 13L
day of............... X-O.-meA1b.8.r I ' . . ~ ~ .
, 9.57- . . .
- . ( SEAI,)
~ ~ .
)
• ~ • . (SEAI.
(NOTE: If maxried, must be sfgned by both husband and wife.
. • ~
I ~ '
RIGHT OF WAY DEED . . ` _ . . .506297B eoax 729 FACE1
_ 49
. , . , ~ .
. t
. -1V0...... 12U.M.:di
IN THF, MATTER of the Locust..
.Road
. .
KNOW AI.I. MEN BY THESE PRESENTS, That............... C.A ..---B=trAr
and-----..._E 1 s i e- K.•--- B ax t e r------------------------------------------..__...._.......-------------., his wif e, of the County of Spokane,
in the State of Washington, in consideration of the benefits and other valuable considerations, and the sum of
~ - . .
Dollars, paid.................... by the County of Spokane, the. receipt
whereof is hereby acknowledged, _
. • .
---..a............................................................................. _
have granted, bargained, sold and conveyed, and by these• presen~ts do grant, bargain, sell and'ronVeyy .unto said
Spakane Caunty, the following described parcel of land, -situated in Spokane County,'in the Washington,
to-wit :
• , - -
A strip of land_...... IQ ..:..........feet wide &Z Z2tamfxand j=vdb&,zitkx '?.31czm't,fxzks:k .
:
--------------------------------------------------------------------------zooa~a~~~
. " ' • A ' _
--•--------•--•-•-----------------...-------.._.....-----~~~~4~ '
KKiR Wuw~ ~j R4~g1C r ~ ~
B0M=x=Ca -being . the._east 10 f eet--- of _ Tracts Bip~it.._.Nine,. ar~d .Ten_,-the
~
Plat of --Wren' s_.Five--..._. Acre__Tracls_.in_________________________...__...-------------.._._._...-----.
Z't Section---------- .....--w- Township-........ ?5 --.North, Range... 4.4 E.W.M. ~ . . -
TO HAVE AND TO HOI,D the same, unto the said Spokane County for the purposes of a public road
forever.
~ ~
In witness whereof----- WQ have. hereunto set._.olu_------------------ hand..s and seal_s. this...... 23
day of.............. N.-Oyemher--------------------- 19 ~ ~ .
~ I ~=':f ( SE,u,)
~ . i
. ~ . . ( sEAI.)
(NOTE: If married, must be aigned by both hueba.nd and wife. • ~ ~
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• • ' i•F,~ ~t' ti - '.s~; i l;.• t• ~ir.' •'A~F~Yr~~ ` • yn` l.~~r6 ~i
TEi~;GIUNI~OR(S) Eleie'R., aiter,°aud~Robart~?: B~ter ae~!iT~ueEs~ei ot~ the $etn'te f tt•,~4'
' ofa Cleude' ; A: '-8niter; t Decceeed;:~,i,'foratein ~coasidera~lon4
of~NadiaBeaefits
J.•• • •,.s ~4~. - s~r ~+It_.~'~.
~ convay(s),:`anda, warraateto~Spokane~Ccurity;~d~politi¢a1~~ubdivisioa~of;~the~Stats';of.•,«,~„~
Waehington;~jEhe:folloxieig~'d'eecribed'~real?eetdte ~,et'tuated~"ia'rt}iejCount 'ef"S kaa+e .
~ StBte Og•~I3qIIgtOA:'.+` ' .,,r`~,r: •,y,~. ~ .s r• p ~,ti~. '$4,
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~ 0~ 21P
PAINE P4MBlEN ETAI EAS $39,00 Spokane Co, WA
.
~
FILED FOR RECORD AT REQUEST OF L ~
AND, AFTER RECORDIiNG, RETURN'I'O:
• r ~ ~ 4ROBFRT A. ROSiER M~t
South 613 Washington, Sie. 102 Spakanc, Washin ton 99204
g v. 05 .
J~
INDEXING [NE'ORiN1ATlON
Crantor Rumax Associates
Crantee: Romax As'sociates
Short Legal Description: ' Ponion of Tracts 8, 9, 10, l!, 12, Warrto's 5 Acre Tracts
(tull descriptlon on Exhibit A)
Tax Parcei Vos. 45082.1814, a5082.1825 and 45082.1813
J~I]~I~i~[~Z ..~~C`Lr~E►~A~.SjE~ ; ffigotiS,
, !P M'i~~;►'~_ ]~1 S~i~'~~,,+~ • ,N
KNOW ALL NiEN BY THESE PRESENTS that Romax Associates, a Washington general
partnership ("Romax") cloes hereby make t}lis Declaration ofReciprocal Easements, Covenants and
Restrictions (the "Declaration"):
WITNESSETH:
WHEREAS, Romax is the owner of "fracts l through 6(each a"Tract", and collectively, the
"Tracts"), situate in Spokarie County, Washington legally described on the attached Exhibit "A", and
has been granted an easemcnt (the "Easement") for ingress and egress thereto pursuant to a -
documcnt recorded under Spokane Auditor's File No. 4685752; and
WI-IEREAS, Romax desires that the Tr3rts and the Easement be developed in conjunction
with tach other pursuant to a general plan of improvement to form a commercial shopping center
(the "Shopping Center"); and
WHEREAS, the title to any of the Tracts may be held separately by virtue of a subsequent
sale, tratisfer or conveyance by Romax of ane or more of'saiti T'racts; and
~tirHEREAS, Romax recognizes the need to grant certain rights and impose certain
restriccions relative to the Tracts for the beneficial use of the future Owners of the Tracts.
DECLARATION
n`OW, THEREFOR.E, Romax, as Declar3nt, hereby declares that Traets 1 through 6, as shown
on the Site Plan attached as Exhibit B and as legally described in Exhibit A, and the Easement shall
R. E. Vi x Tax Excmpt
aate g Zo
SPi;~...
•
46994`l$
0310B12002 2 OQ32TP
PA1NE NAF1BLcPi E1AL EAS $39,00 Spokane Co, WA
be hcld, sold, conveyed, owned, hypothccated, encumbered, used, occupied, and improved subjeet
to ihe following easements, covenants, conditions, restrictions and eharges, whieh shall run with the
Tracts and shali be binding on al( parties having or acquiring any righi, title or interest in the Tracts
or any par[ thereof and shall iriure to the benefit of each Owner thereof.
ARTICLE I.
Definitions
1.1 Buildina- Areas. "Building Areas" shall mean those portions of the Tracts located
within "Building Limit Lines" or ciesignated as "F.xisting $uilding Area" or "Fuhue Building Area"
on the "Site Plan" attached as Exhibit B. The Building Areas are to be utilized for construction of
buildings, and arcas contiguous to buildings may, with Declarant's consent, be utilized forcanopies,
truck loading or delivery docks, truck tunnels, ramps or wells, trash faeilities and other
appurteT.ances. "1en a Future Building Area is improveci with a building or a new building is
constructed within a Building Area, the area so improved (together with axeas contiguous to
buildings used for canopies, truck loading or delivery ciocks, truck tunnels, ramps oc wells, trash
facilitics and other appurtenances) shali automatically thereafter be deemed to be a Building Area
so long as the buileiing and appurte,iances thereto exists thereon. The size and location ofbuildings
indicated on the Site Plan may be changeci so long as t►le change does not result in any deerease in
the numbcr of parking spaces in the Shopping Ccntcr.
1.2 Common Areas. "Common Area" shall mean and include all parts of, and facilities
in or appur-tenant, the Shopping Center other than Building Areas. Common Areas are for the
nonexclusive use or benefit of Owners, Occupants, and Permittees in common, and shail include,
but not be limited lo, parking areas, service areas, driveways, areas ofingress and egress (including,
without limitation, the Easement), access and perimeterroads, sidewalks and walkways, and fixtures
for the lighling thereof and control of trafGc; drainage swales and other facilities for the control of
surface water on or adjacent to the Shopping Center; ulility lines, fixttues, and equipment used for
the conveyance of LiiiIity ser-vice to and throtighoilt the Shopping Center; landscaping areas (other
than landscaping within Bui Iding rlreas); permanent signage, including pylon and rotunda signage,
for the Shopping Center (other than signagc within $uilding Areas). Building Areas, and Future
Building A.reas, shall be deemed alzd treated as Common Areas for all purposes of this Declaration
until a huilcling within such Building Arca is established and work is commenced on the site with
respect to the construction of the building.
1.3 "Ueclarant"shall mcan Romax, so long as it owns Tract 1 as shown on the Site Plan,
and Romax's succcssors, as Owncr of Tract 1.
1.4 O«•ncr. "Owner" or "Owners" shall mean Romax, and any person subsequently
acquiring title to any- part of the Shopping Center, whether acting directly or through a person or
entity desigiiated iri a recurcleci ciocument by any such Owner to act in the place of such Owner for
the purposes of this Declaration.
~
, . ,
4699478
~~0. 812002 ~0',~3 27P
PAINE MMBIEN E1Al EAS $39,00 Spokane Co, WA
1.5 Occupant. "Qccupant" shall mean any Person entitled to the use and occupancy of
all or any portion of a building in the Shopping Center, whether as an Owner or pursuant to any
lease, subiease, license, concession or other similar agreement with an Owner.
1.6 Permittee. "Permittee" shatl mean a11 Occupants and the offcers, directors,
employces, agents, contractors, customers, vendors, suppliers, business visitors, invitees, licensees,
subtenatits, and concessionaires of Occupants insofar as their activities lawfully relate to the intended
use of the Shopping Center.
1.7 Person. "Person" shal] mean anv individual, partnership, firm, association,
corporaEion, trust, or any other fornl of businzss or governmental entity.
ARTICLE 2.
Easemcnts
2.1 Declaration ofEasements. Declarant hereby declares, establishes, grants andconveys,
for the rnutual use and benefit ofthe Owners, and, to the cxtent not limited below, to Occupants and
Perrnitttes ofTracts 1 through 6 ofthe Shopping Center, the following easements over, upon, across
and through the Common Areas of the respective Tracts, without payment of any fee or chazge,
except as otherwise provided in this Declaration:
2.1.1 Pedestrian Easements. Nonexclusive easements, forthe purpose ofpedestrian
traffic over, upon, across and between each T'ract and the Building Area(s) thereon and (a) each oiher
Tract (and the Bui ldinc, Area(s) thereon), {b} the public and private streets, alleys and drives now or
hereaftcr abutting ur located on any portion of the Shopping Center, and (c) the parking areas now
or hereaf ter iocateci on thc Shopping Center; limited, however, to those portions ofeach Tract which
are improved or designated, from timc to time, as peclestrian walkways and made available by such
OwnEr for such use, as such portions may be reduced, increased or relocated from time to time,
consistent with thc Site Plan.
2.1.2 Vehicular Easements. None?cclusive easements (including, without limitation,
the Easement) for the purpose of vehicuiar traffic over, upon, across and between each Tract and (a)
each other I"ract, (b) the public and private streets, allcys and drives and walkways now or hereafter .
abutting or locatecl nn any portion of the Shopping Center, and (c) the parking areas now orhereafter
located on the Shopping Center; limited, howevcr, to those portions of the Shopping Center which
are improved, froiYi time to time, for rellicular drivcs and access ways and made available by sueh
Owner for such use, as such portions may be reduced, increased or reloeated from time to time,
consistent with thc Site Plan.
2.1.3 6ffgMl"Nonexclusive easements for the use of (and to Owners
only, noiiexclusive easements for the installation, maimenance, repair, replacement relocation and
removal on water (ines and systems, telephone lines and systems, gas lines and systems, sanitary
sewer lines and systems, electrical lines and systems, sprinkler systems, n.rainage lines
and syste,iis, and other utility lines and systems hereafter developed to serve one or more of the
3
~ , JIl 11, 4699478
~1~12002 o00:21P
PAINE Wi1BlEN E1Al EAS 339,00 Spokarte Co, YA
Tracts, provided, however, that as to rights granted only to Owners (a) such aetions may be taken
only Nvith the prior written consent of Declarant, which consent shalt not be unreasonably withheld,
and af'ter thirty (30) days prior written notice of the proposed action has been given to all other
Owners and (b) alI pipes, wires, lines, conduits, mains, sewers, systems and relaied equipment
("Utility Facilitics") will be placed and maintained underground or otherwise enclosed and (c) all
Utility Facilities tivill be installed, maintaineci, rcpaired, replaced, relocated or removed with due
diligence, and in a manner which will not unreasonabiy interfere with the use or operation of the
Shopping Center ur unreasonabiy inten-upt any utility service to any building eonstrucied on any
Tract or reduce or unreasonably impair the usefulness or function of the Utility Faeilities and (d) all
costs of relocation or other work done for the convenience of one Tract, or otherwise not properly
chargeable as a Cummon Area Maintenance expense wi (1 be borne by the Owner(s) benefitting from
such worl: and shall not be charged or allocated to any other Tract(s).
2.1.4 Construction Easements. To Owners only, nonexclusive easements for the
purpose of construction, installation, modif icatian, care, maintenance and replacement ofbuildings
and appurtcnances thereto on the Building Areas of the Shopping Center; provided (a) such work
is undertaken only with the prior writien consent of Declarant, which consent shall not be
unreasoiiably withheld, (b) usc of a burdened Tract is reasonably necessary for the performance of
the proposed work, (c) the work will be diligently pursued to completion in accordance with sound
construction practices and (d) the work will not unreasonably interfere with the use of the burdened
Tract or che improvements thereon.
2.1.5 Parkin2 Easements. Nonexclusive easements in and to the parking areas, for
access to and use of, such vehicular parking areas, all in accordance with the Site Plan.
2.1.6 Sel f-l-Telr) Eascments. Nonexciusive rights of entry and easements over, across
and undcr each Tract for al l purposes reasonably riecessary to enable any other Owner of a Tract to
perform any of the provisions of this Declaration wliich a defaulting Owner has faiied to perform.
2.2 Nature of Easemcnts. The easements granted hereby shall be for the benefit of, but
not restricted solely to (except as expressly so restricted), the Owners of the Tracts, and each of
them, ana their respective Occupants and Permittees. Nothing herein is intended to create, nor shali
the declaration of casements bc construed as creating, any rights in, or for the benefit of the general
public, Qr far the owners of uther areas locatcd outside the Shopping Center.
A.RTICLE 3.
Covenants Reg-ardine Shonoine Center
Usc and Oneration
3.1 Perniitted Uses. The Shopping Center shall be used oniy for development,
construction, leasing, operation anct maintenance of retail and wholesale mercantile business,
consumer service aiid eiitertaitunent business, restaurants, business and professional offices, financial
institutions and comparable business enterprises common ta shopping centers. No portion of the
Shoppiniz Center may be used for warehousing (other than temporary storage of fixtures, equipment
4
~
~
1
, ~ . . .
4699478
~ 001~12402 0;~321P
PAiNE NAMBIEN E1Al EAS $39,00 Spokane Go, WA
and inventory by an 4ccupant), or for industrial, manufacturing or residential purposes, except as
incidental to the conduct of a permitted business activity within the Shopping Center.
3.2 (..ini f'orrn Genera! P(an for Shovoing Center. Declarant intends by this Declaration to
create a uiliforni general plan for the Shopping Center. Any development or construction in the
Building A.rea, Future Building .4.rca, and Common Area, remodeling or reeonstruction of any
buildin;, in the Quilding Area, or alteration or adciition to thc Common Area, shall at all times
conf.orrn to the de;iun concepts of ihe Shopping Center so that the exterior of all such buildings and
all such other impruvements will be architecturally and aestheticaily compatible and harmonious
with the ather buiidings and improvements in the Shopping Center.
3.3 Buildine Area.
3.3.1 Buildine Area Limit Lines. Buildings shall be placed or constructed only
within the Building Area Limit Lines, Existing Building Areas or Future Building Areas on each
Tract as sEiown oii the Site Plan. Building canopies (including covered fueling areas associated with
a gas station/conveiiience store or covered drive-in or drive-through area assoeiated with a banlc or
restaurailt facility locatcd on Tracts 3, 4, 5 and 6), truck loading and delivery docks, truck tunnels,
ramps or wells, and trash facilities may, with the consent of Declarant, which shall not be
unreasoc»hly withheld; extend a reasonable distance beyond such limit lines {andthe limit line shall
thereupon automatically be deemcd amended accordingly}. In no event shall any building or
stnictures be erected «rithin thc Common Area, except as specifically permitted by this Declaration.
3.3.2 BuildinQUnkeenandMaintenance.EachOwnershall,withoutcostorexpense
to any other Owner, provide for appropriatc upkeep and maintenance of (a) the exterior of the
buildings and improvements locateci in the Building Area of such Owner's Tract and (b) perimeter
and other walkways on such Owner's Tract, from the back of the curb to the exteriorbuilding face,
truck lo:ading and cielivcry docks, truck tunnels, ramps or wells, trash facilities and landscaping
locatecl directly adjacent to and contiguous with the exterior of each of ihe buildings, to ensure that
the Shoppitlg Center and each part thereof is maintaineci in a first-class manner, and is at all times
neat, orderly, sanitary anci in good condition and repair, and retains at all times the appearance of a
first-class shoppirig center.
3.3.3 Dzmaee. 1f a building Iocated on any Tract is damaged or destroyed by fire
or any other cause, the Owner of such building or buildings shall promptly and with diligence, and
withoilt expense to any other Owner cause either: (a) the repair, restoration, or rebuilding of the
building so damagcd or destroyed, in accord3nce witti this Declaration, or (b) the razing of the
damaged building, the fi lling of aciy excavation, and performance ofany otherwork necessaryto put
such portion of the Shoppinc., Center in a clean, sightly and safe condition.
3.3.4 Construction. Remodelinc-, anci Replacemcnt. Buildings and improvements
located in any Buiiding Area may be remodeled or replaced, huildings and improvements may be
developed ir1 Bui Iding Areas, and alterations and additions may be made to the Common Area, upon
compliance witll the provisions in Article 4, concerning approval of plans and speciftcations;
provideci, however, that no such reyuirement for plan approval shail appIy in the case of proposed
5
, r .
, 4699478
A~18I2~Q2 O~ 2TP
PAIME M1G1BLEN ETAL EAS $39.00 Spokot Co, NA
repair or reconstniction of buildings or improvements which have been damaged or destroyed by
fire, other casua'ity or condemnation, or which have become worn out or obsolete, so long as sueh
repair or reconstruction wiIl not substantially alter the size, height, bulk and exterior appearance of
the building or irnprovements as they existed prior to the event or condition requiring repair or
reconstruction, provided that notice of intent so to repair or reconstntet (together with a brief
explanation of thc causc and nature of the proposeel work) is given by the Owner proposing such
work to the other Owners at lcast thirty (30) days prior to the commencement of any work thereon,
and provided that all such work is diligently pursued to completion. Any building erected in any
Building Area, ariy remodeling or reconstruction work undertaken on any existing buildings in any
Building Area, or improvcments in ihe Common Axea, and any alteration or addition to theCommon
Area shall at all times be of first-class quality ronstruction and architectural design.
3.4 Nuisances and Prohibited Uscs.
3.4.1 Nuisances. No Owner shall usc or permit the use of its Tract, or any portion
thereof (a) for the conduct of any offensive, noisy or dangerous trade, business, manufacturing
activiey or occupation, including, without limiting the generality of the foregoing, burning of trash,
refiise or waste materials; (b) for the maintenance of any nuisance or the conduct of any activity
whichh violates pub iic pol icy; (c) for any activity whicli p}lysically interferes with the business ofany
other Owner or Occupant; (d) in violation of any law, ordinance, rule or regulation of any
governmental autharity having jurisdiction over the Shopping Center or any portion thereof; (e) for
any saica outside thc exterior walls of any bui ldina on any Building Area, for the display of
merchandise in any Common Area or any sirnilar use except in areas specifically approved for such
purpose by Declarant in writing, except that (i) each Owner may itself, or may grant to any Oecupant
of its Tract, the ri ` ht to use the sidewalks immediately adjacent and contiguous to its building for
the sale or displav of its merchanciise (provided pedestrian passage is not blocked or unreasonably
restrictee') and (ii) Declarant may grant to Occupants the right to use a portion ofthe Common Area
for seasanal sales of merchandise, subject in all respects to the following limitations: (A) the
seasonal sale of inerchandise from the Common Area shall be limited to not more than ten (10)
occasions per calendar year foi• a cumulative total of not more than forty (40) days duration; (B) the
sales area in shall be limited and located so as not unreasonably interfere with access to or sales from
the premises of any other Occupant; and (C) such use shall not require any parking spaces in excess
of thosc available in the Sliopping Center and adjaccnt streets, under any law, ordinance, rule or
regulation of any itovernmental authorit}f leavin~ jurisdiction over the Shopping Center or any
portion thercof; (tj for aiiy other use not compatible with the operation of a first class retail and
commcrcial shopping center, wcll maintained in accordance with the standards ofthis Declaration;
including, without limitation, visua) aclvertisi~~g which is incompatible with standards and guidelines
set for[h in ttlis Decjaration or otherwise developeci by Dcclarant, or audio which to an unreasonable
extent, is audible an thc cxterior of any building or other improvement from which it emanates.
3.5 Rules and Reeulations.
3.5.1 Fromulazation. Declarant may, from time to time, adopt reasonable rules and
regulatio«s pertainiilg to the use of all Common Areas by Owners, Occupants and Permittees. All
enforcement of such rules and regulations by Declarant shall be against all Owners, Occupants or
6
'
, I • '
4699418
~106l2002 o0~ 27P
PAINE H49BLEN ESAI EAS 539.00 Spoka.ne Co, YA
Permitcees of the Shopping Center in a reasonable and nondiscriminatory manner, but Declarant
shal I have no liabi l ity for fai 1 ure of any Owner, Occupant or Permittee to comply with such rules and
regulations.
3. 5.2 Parki nt! Tract Lev i es. No OwnEr shal l impose any charge, service fee or exact
any othcr consideration in exchange for tile right of any Person to enter, depart from, or pack a
vehicle in tlle Shopping Center for purposes contemplated herein unless such charges are lawfully
ordered by appropriate governmental authority having jurisdiction over the Shopping Center.
3.6 Ivo Walls, Fences or Barriers. Subject to the provisions concerning construction
activities, no walls, fences or barriers of any sort shall be constructed or erected in the Shopping
Center, or any portion thereof, by any ONvner which shall impair the exercise of any of ihe rights
grantcd herein, or the free acccss and movement of Occupants and Permittees, including without
timitation, pedestrian and vehicular traffic, benveen the various Tracts as contemplated by this
Declaration; provided, however, reasonable traffic control signs and devices, barriers and parking
stops, as may be necessary to guide and control the orderly flow of pedestrian and vehicular traffic,
may be installed so long as access dnveways and sidewalks within and to the Shopping Center are
not closed or bloc}:ed and the traffic circulation pattern of the Common Area, as shown on the Site
Plan, is not adversely affected; and provided further that each Owner shall have the right to
temporarily erect bamers to avoid the possibility of dedicating such areas for public use or creating
prescriPtive rights thereon.
3.7 Sit4ns. No signs shall be erecteci without the prior written approval of Declarant,
which approval shall not be unreasonably withheld. Each Owner and Occupant shall comply with
reasonable standarcis, specifications, rulcs and regulations promulgated from time to time by
Declarant with respect to the appearance and location of signage in the Shopping Center. Without
limitation ofthe furgoing, each Occupant shall maintain, at all times (and will periodically change
the saizie ill accorciance by such standw-ds, specifications, rules and regulations, but not more
frequently than quarterly), wall signs containing graphic iinages on one or two sides of its building,
with size, location, contiguration and content reasonably satisfactory to Declarant, in order to coorciinate and coiYiplement the tlieme and appearance of the Occupant's building (and graphics
located thereon) -with the appearance of graphics placed ori other buildings within the Shopping
Center. Declarant rr►ay maintain on the Building Area within Tract 1 or on the Common Area,
facilities for the display of sigtiage consistent with other signagc in the Shopping Center, relating
to busillesses operatcd by Occupants and other businesses not in direct competition with Occupants,
and may charge sucri rates as the Declarant cnay deterrnine for the erection, display and maintenanee
of such signage.
3 8 Cha»ve in Confieuration. The Shopping Center shalt be developed and utilized
consistently with the Site Plan. No change in the Common Area which (a) reduces the number of
parking ipaces (other than construction of buildings within Building Areas temporarily deemed
Common .area pursuant to Scction 1.1), (h) calls for construction of any parking garage or similar
struccure, the cost o f whictl wotllci be assessed as a common area expense, (c) matenally ehanges the
parking layout or pattern of traffic flow thereon, or (d) makes any other material change in the
Common Area contiguration shall be madc without thc prior written approvat of(i) the Owners of
7
,
4699418
OOi81100Q ~321P
PAME HAh(BIEN I1A1 EAS $39,00 Spokane Co. WA
70 % of the gross land area of the Shopping Ccnter and (ii) the Occupants of 70 % of the occupied
main floor area ot'all buildings located witli in the Shopping Center. Declarant reserves the right to
alter the operation, configuration (including without limitation, subdivision or adjustments to the
boundaries of thc Tracts or addition of additional Tracts and Common Areas), layout and
improvemcnts ofi'the Shupping Center, in Declarant's sole discretion; provided however, Declarant
may,iot (except to the extent required by law orgovemmental authority) materiallychange thegrade
within the Shopping Center, reduce the number of parking spaces below that required by law, or
construct or maintain, or pcrnlit to be constructed or maintained, any building or barrier or alter ihe
size, number or location of curb cuts in any manner which wouId substantially limit or otherwise
interfere «-ith access ro or the circulation of vehicular andlor pedestrian traffic within the Shopping
Center. The forgoiiig tivil( not be construcd to prevent Declarant from reconfiguring or restriping
parking or instalfing speed bumps and similar facilities to conlrol traffic through the Shopping
Center.
3.9 L-imitations on Diwision ofTracts. No Tract shall be subdivided, parcelized, split or
othenvise divided or the bouridaries beriveen Tracts adjusted, without the prior written approval of
Declaraclt; provided nothing shall prevent Dcclarant from taking any such actionpriorto Declarant's
sa(e of a Tract.
ARTICLE 4.
Shonnine Center Devclopment
4.1 Dcvelooment o!' BuildinQ Area.
4.1.1 Architectural Style. Thc Site Plan designates Building Areas on each Tract
upon which each Owner may construct and deveiop bui Idings and related improvements as provided
hercin a7d by this Declaration. Declarant has entered iilto an architeetural serviees eontract or
contracts wiLh a project architect to design anci prepare the Site Plan, plans and specifications for the
Building Area on Tract 1 and clsewhere in the Shopping Center, and pians and specifications for the
Common Area. All Building Axea buildings and improvernents shall conform to the requirements
of the Site Plan and this Dcclaration in order to create compatibility of appearance and aesthetic
harmony in the entire Shopping Center, pursuant to the uniform generat plan for the development
and cotistrtiction of buildings and improvements on ihe Tracts as set forth in this Declaration.
4.1.2 Certain Sidewalks, LandscaDine and Loading Facilities. In addition to the
eonstruction of buildings and improveinents within each 13uilding Area, each Owner shall, without
cost or c:xpense co any other Owner, develop and construct on its Tract, any necessary or desirable
perimeter and other walkwa_ys between the back of the curbs adjacent to the Building Area and the
exterior huilding face, and any truck loading and delivery docks, truck tunnels, ramps orwells, trash
facilitics and landscaping adjacent to and contiguous with the exterior of the buiiding, whether or
not located in Common Area.
4.1.3 Development of Buildines. Subject to the provisions contained in this
Declaratcon, each Owner may construct a bui lding on its Tract within the Building Area Limit Lines,
8
. , , • - -
4699478
i81Z002 ~ 21P
FAINE W+1I6LEN ETAL EAS $39.00 Spakane Co, WA
and remodel and reconstruct existing bui Idings and improvements located in the Building Area on
its Tract.
(a) Approval of Plans.
(i) Conceot Plans. Prior to the commencement of any
developmen t, construction, remodeling o►- reconstruction on a Tract, the Owner proposing such work
shall prepare and submic to Declarant for review and approval, "concept pians" consisting ofscaled
elevations and a scated exterior footprint, inctudine, without limitation, exterior design concepts,
material selection, color and signing for the exterior surfaces of the proposed building or other
improvernents appurtenant to such building. Declarant, within fifteen (15)days afterreceipt ofplans,
shal l by written notice (A) approve, disapprove or make recommendations for change in the concept
plans or (B) for good cause, extend the time for plan review by an additional period, not to exceed
fi fteen (15) days. Any disapproval or recommendation for change shall specify with particularity the
reason tfierefor, including any criteria set forth in this Deciaration relied upon for such disapproval
or recommendation. Upon any such disapproval or recommendation for change, the Owner
proposing such work and Deelarant shall consult in good faith to establish mutually acceptable
concepc plans for the proposal.
(ii) Preliminarv Plans.Uponmutualapprovaloftheconcepiplans,
the developing Owner shall prepare and submit to Declarant for review and approval, preliminary
plans and specifications for its proposal. Declarant, within fifteen (15) days after receipt of
preliminary plans, shall by written notice (A) approve, disapprove or make recommendations for
change in the pretiminary plans or (B) for good cause, extend the time for plan review by an
additiona3 period, not to exceed fifleen (15) days. Any disapproval or recommendation for change
shall spccify with particularity the reason therefor and justify the disapproval or recommendation
by i•eferetlce to the criteria set forth in this Declaration. Upon any such disapproval or
recomn~endation for change, the Owner proposin, such work and Declarant shall consult in good
faith to establish mutually acceptabte preliminary plans for the proposal.
(iii) Final Pla.ns. Upon cnutual approval of the preliminary plans
and specircations, the developing Owner shall prepare and submit to Declarant for review and
approval, ficial plans and specifications for its proposal. Declarant, within fifteen (15) days after
receipt of final pians, shall by written notice (A) approve, disapprove or make recommendations for
change in the fnal plans or (B) for good cause, extend the time for plan review by an additional
period, not to exceed fifteen (15) days. A.ny disapproval or recommendation for change shall specify
with parcictIlarity the reason therefor and justi fy the disapproval or rccommendation by reference to
the critei-ia sct forth in this Declaration. Upon any such disapproval or recommendation for change,
the Owner proposing such work and Declarant shall consult in good faith to establish mutually
acceptable final plans for the proposal.
(b) Construction Standards. Upon approvat of the final plans and
specifications for the buildings and improvenlents to be located on an Owner's Tract, that Owner
shal l construct or cause to be constructed such buildings and improvements in conformanee with the
approved plans and specifications, without cost or cxpense to any other Owner. Such construction
9
• 4699478
OQ)~12002 o# 27P
FAINE HkMBIEN E1Al EAS $39,00 Spokane Co, YA
shall be performed in a first-class workmanlike manner using frst quality materials. Development
and construction of the buildings and improvements shall be promptly and diligently undertaken and
diligcntly pursued to completion. Each Owner shall secure all licenses and permits necessary for
construction of its buildings and improvements, and shall comply with the requirements of all
applicable authorities having jurisdiction, and all applicable laws, regulations, ordinances and rules,
including w•ithout limitation, zoning laws and building codes, in the construction ofits buitding and
improvemcnts. No material change shall be made in any plans and specifications, or work of
constniction, once the finai plans and specifications therefor have been approved as herein provided,
unless the change is first approved pursuant to the procedurcs set forth above.
(c) No Liabilitv. No review and approval by Declarant of any plans and
speci fications or other construction documents, or any construction pursuant thereto, shall impose
any liability or constitute assumption of any responsibilily by the reviewing Owtter as to the
accuracy, sufficiency or propriety thereof or a representation or warranty that the proposed
improvements are prudent, feasible or comply with applicable laws or accepted design and
engineering standards and practices. The deve(oping Qwner, its employees and contractors, shall be
solely responsible for the design and construction of that Owner's building and improvements, and
for any errors, omissions or deficicncies in such plans and improvements.
(ci) Vacant Areas. In the cvent that, after the first store opens for business
in thc Shopping Center, there are Building Areas upon «Jhich no buiiding or Common Area has been
constructeci, or fTOm which existing buildings have becn razed and not replaced ("vacant areas"), the
Owner thereof shall maintain such vacant area in a safe, neat and attractive condition, free ofweeds
anci debris, and take neccssary and appropriate measures to prevent and control the emanation ofdust
and dirt from sucll vacant area, which may include use ofgravel, grass, ground cover or the sea]ing
of thc ground surface. In the event that construction of a building or other improvement is not
commenceci on such vacant area within one (1) ycar atler the datc of substantial completion of
construction of the Comrlion Area, the Owner owning or occupying such vacant area shall plant
ground cover thercon compatible and harmonious with the Shopping Center landscaping, and
maintain the samc at ail timcs in a neat, orderly, sanitary condition and good repair, consistent with
the appearance ofa first-class shopping centcr, until construction ofbuildings orother improvement
on such vacant area is corilmenced.
4.2 Develonment and Constructio►1 of Common Arca.
4.2.1 Common Area Dcvelonment. The Sitc Plan designates Common Area, and
Future Builaing Areas to be initially used as Common Area as provided by this Declaration, which
shall be used in comrnon by ihe Owners arld Occupants in the operation of the Shopping Center
pursuant to this Declaration. Common Area work shall include the general preparation ofabuildable
pad for c;ach Buildirig Area, the constructioil of customary utiiities to the Building Areas and the
Common Area, anci the overail development and construction of the Common Area and all necessary
off-si te inlprovcmcnts as required by governmental andlor quasi- governmeiltal authority. Dectarant
shall engkige a project arctiitect and shaU undertake clevelopment and construction of the Common
Arca work in accorciance with the provisions contained in this Section 4.2. The obligations of
Declaran: for Cornmon Area work shaU not include the development and constrttction of
10
. ' • ' _
• ~ ~ 4699478
03108120021 o03 2lP
PAINE NAM8lEN ETAL EAS $39,00 Spokane Co, WA
improvements appurtenant to any bui lding, including, without limitation, perimeter sidewalks from
the back of the curb to the exterior building face, truck loading and delivery docks, truck tunnels,
ramps or weIls, trash facilities or landscaping adjacent to buildings, the design, construction and
maintenance of which are the responsibiiity of each Owner on its own Traet.
4.2.2 Desizn and Construction of Common A.rea. The project architect shall prepare
Common Area pians and specifications conforming to the Site Plan and the intent of this
Declaration, including the following, anct any other elements directed by Declarant:
(a) Common Facilities. The location, size and dimensions ofall faeilities
for common use in the Common Area where such location is possible, and ifprecise location eannot
be established, then guid,elines for such location.
(b) Parki nL, Arca. A composite parking layout for the entire parking area,
including without limitation, location and design of lighting systems, designating areas which may
be separately illuminated from time to timc at the request of a.n Owner, and the paving, striping,
curbs, bernis, retaining walls, lighting, bumpcrs, sidewalks and driveways for the Common Area.
(c) Landscaping. A general landscaping plan specifying overall plant
materials and planting, together with the design and Iayout of an irrigation system. The water
servicing the Cornmon Area landscaping shall be separately metered from any of the Tracts.
(d) Common Area Flectrical. Electric service to the Common Areas will
be cuordinated to serve the entire Shopping Center, but shall be separately metered from any of the
Tracts.
(e) Utilities. The location and specifications for all necessary utilities to
be used in common for the Common Area and the Building Areas as provided by this Declaration,
including design and working drawings for stonli sewers or area drains, including extensions thereof
to the Shopping Center, sanitary sewers, water, telephone, gas, electric power, and other utility lines,
conciuits and systems. Al( utilities scc-vicing the Building Areas shall be stubbed into said Building
Areas and shall be sized according to the co«templated building size anci use.
4.2.3 Construction of Common Area. Dcclarant shall contract for and supervise the
lien-fi-ee compietion of the Common Area work ii1 accordance with the Common Area plans
includin; clearin~, dcmolition, excavation and on-site graciing, soil compaction and drainage,
licenses and pernlits, necessary for the development and construction of the Common Area, in
compliance, with the reqtlirements of all aPplicable authorities or entitics having jurisdiction over,
or servicing, the Shopping Center and with all applicable laws, rcgulations, ordinances and rules,
including, without limitation, zoning laws, subdivision laws, and building codes.
4.2.4 Pavment of Cornmon Area Develonment Cosis. The entire cost of the design
and preparation of the Sitc Plan and the Common Area plans, and the dcvelopment and construction
ofthe Common Area improvements shali be paid by Ueclarant. Thc cost of any changes or additions
11
■ 4699418
1 ,i~124022 ~ 2 P
PAfJE NAMBLEN ETAI EAS $39,00 Spokane Co, WA
to the Common Area dane at the request of an ONvner, which does not benefit the Shopping Center
as a whoie, shall be borne by the Owner requesting the change.
4.2.5 ChanQe of Common .Area Plans. No material change shall be made to the
Common Area or Common Area plans NVithout written approval of (i) the Owners of 70 % of the
gross land area of the Shopping Ccntcr and (ii) the Occupants of 70 % of the occupied main floor
arca of zll buildin~s located within tlie St~oppin~ Center.
ARTtCLE 5.
viaintenance of Common Areas
5.1 Niaintenance. • i~• t om ~~o~~ 1~t~~a an~i~npt~o,vie~~t~t
t~h r~ ' ~ =cl~ , t~~ i t• ' cd by ~ti ~~~'~r~, D~c ant s~al~l 4~ era~~e an ~
~n~~~r~t~~,►~~.i~n~~~iir~~l.~~~~nd~i~t,io.~nit~~c C~,n~~i ~ •3 a.n'd~s ~~?I~1~ ~ ~ a~k y ~ • ' ts a. ~eplace . en~t~s ,
ouhh,c1~ i 0, i ~1 ME M, t~l e~ ar17i nb area, ~oads, s~d~'-',w'a~l~ •s
.laai 161166106M[ , building connectivn points) and lighting facilities (except
to t e extent that such public utilities and lighting facilities might be operated and maintained by a
pubiic, yuasi-public or private utiiity company). All Common Area improvements repaited or
repiaced by Declarant shall be repaired or replaced with materials, apparatus and facilities ofquality
at least cqual to the quality of the materials, apparatus and facilities repaired or repiaced and so as
to maintain the architectural and aesthetic harmony and integration of the Shopping Center as a
whole. The obligation of Declarant to lnaintain, operate, repair and replace facilities ofthe Common
Area shall include, but not be limited to, the following:
5.1.1 Paved Areas. tilaintaining all paved surfaces and curbs ofthe Common Area
in a smooth and evenly covered conciition, which maintenance work shall include, without limitaiion,
cleaning, sweeping, striping, repairi►lg, replaceilieclt 1nd resurfacing of the parking area, and curbs,
using surfacing material of a quality cqual or superior to the original surfacing material.
5.1.2 Dehris and Reftlse. Providing appropriate cieaning services to the Common
Area to keep them reasonably free of debris, filth and refuse to the extent necessary to keep the
Cummon Area irl a first-class, clean and orderly condition, provic3ed each Owner shall install,
operate and maintain, or cause to be so installed, operated and maintain, on its respective Tract
without cost or expense to the other Owners aclci so as not to be visible to the general public
shopping at the Shopring Centcr (cxccpt ~.vhcn ►-cquired to be placed outside for collection),
sufficient trash co►iipactars, bailers and encloseci tras}i bins, for use in connection with storage ofall
trasll, refuse and waste mater-ials of Occupants and each Qwner shall take, or cause to be taken, all
reasonable mcasures to keep the Shopping Centec free from all dcbris anci rubbish caused by, or
emanating from, such facilities. -
.5.1.3 Snow and [ce. Plowiji~ snow and treatinu ice within a reasonable time after
accumulation (sno«• may be stored in landscaped areas or in surplus parking areas) so that, to the
extcnt rracticable, the parking area and the walkwavs shall be reasonably frec of snow and ice,
12
. . ~ '
4699478
Pa e:120Q23 o03 2lP
PAINE HAMBlEN ETAI EAS $39.40 Spokane Co, NA
provideci, hotivever, that each Owner shall be responsible for snow removal and treatment of ice on
perimeter walkways between the curb line and the exterior building walls on that Owner's Traci.
5.1.4 SiRns, Si2nais and Markers. Placing, keeping in repair, replacing and
repainting any appropriate traffic control and directionai devices, sians, markers and lines, and any
Shopping Center pylons, monuments and signs.
5.1.5 Parkin2 Lat and Exterior Liehtina,. Operating, repairing, cleaning and
replacing when necessary such Common Area lighting facilities, including all lighting necessary or
appropriate for Common Area sccurity and extcrior lights attacheci to buildings as Deelarant may
locate on Building Axeas which are intended to illuminate the Common Area; provided that the
Declarant shall not be responsible for, any f3ilure or interruption of lighting services due to causes
beyond its reasonablc control, or for security of the Shopping Center. With respect to eaeh Traet,
lighting for thc Coinmon Area thereon (other than lighting necessary for Shopping Center security)
shal( reniain on each day commencing at least one half (%z) hour before darkness and thereafter until
at least the later of (a) one half (%z) hour after the last Occupant of the Shopping Center has etosed
for business or (b) midnight, unless otherwise restricted by any applicable law, in which event the
standard prescribeci by such restrictions shall be adhered to while in effect. Except as provided in the
precedi»g sentence, lightitig representing no less than twenty-five percent (25%) of full intensity of
the Common Arca lighting system, uniformly distributed throughout the Common Area oftheTract,
shall remain on during hours of darkness for security purposes, unless all Occupants consent to a
greater amount of lighting in writing, or uriless othenvise restricted by any applicable law, in which
event the siandard prescribed by applicable law shall be adhered to while in effect. If special lighting
other than the foregoing is required, then the cost of such special libhting shall be determined on a
proratecl basis in accordance with the special usage and all such prorated expenses shall be paid by
the Owner or Occupant «rhich requires the special service.
5.1.6 Landscapcd Arcas. CICaI11I1g, repairing, maintaining and replacing landscaped
areas, including inigation systems w7c1 watcr li,ics in the Common Area; provided, however, each
Owner and/or Occupant shall clean, i•epair, rnaintain and replace a!l landscaping between the back
of the curbs adjacenl lo the Buildin~ Arca on its Tract and the exterior building face, in a manrter
consistcnt with thc iandscaping of the remainder of the Shopping Center, without cost or expense
to other Uccupants or Owners.
5.1.7 Utilities. Maintaining, clciining, rcpairing and replacing any and all storm
drains, drainage swales and facilities for the control of stirface water on or adjacent to the Shopping
Ccnter, utility lines, sewcrs and other utility systems and services located in the Common Area (to
building connection points only) which are neczssary for the operation of the Common Area and
Buildin; Areas, and any buildings and improvements therein, except for those utility lines which are
maintained, CI£ai1eCj, rcpaired and replaccd by public, quasi-public or rrivate utility companies (any
cost and expense oFwhich shall nevcrtheless be Common Area Costs), providrd that Declarant shall
not be responsihlc f'or ttic {'ailure or interruption of any utility systems or services resulting from
causes beyond its cnntrol.
13
4699478
03)08J20024 00 27P
PAINE IAf;iBIEN E1Al EAS $39.04 Spokarte Co, IN
5.1.8 Obstructions. Keeping the Common Area free from obstructions not required
or pemlitted hereunder, specifically (but without limitation) keeping the Common Area free from
any obstructions caused by sale or display of inerchandise outside the exterior walls of buildings
within the Building Areas, except as authorized by Declarant.
5.1.9 VValkwavs. Cleaning (including washing and/or steam cleaning), maintenance
and repair of all walkways, including perimeter sidewalks and sidewalks adjacent and contiguous
to buildings located on Building Areas. Cleaning shall be performed at appropriate intervals, and to
ihe greatest extent practical, during such time as no stores in the Shopping Center are open for
business, eacept for those stores tflat are open heyund midnight, provided each Owner shall be
responsibie for daily sweeping of perimeter sidewalks and siciewalks adjacent and contiguous to
buildings on thcir Tract.
5.1.10 Governmental Rc;QUirements. Complying with all applicable requirementsof
governmental agencies pcrtaining to the Com.mon Area, including, without limitation, any alterations
or additions required to be made to, or safety appliances and devices required to be maintained in
or about the Comman Area under any laws, ordinances, rufes, regulations or orders now orhereafter
adopted, enacted or made and applicable to the Common Area.
5.1.11 Rules. Enforcement ofrules and regulations established pursuant to theterms
and conciitions of this Declaration.
5.1.12 Other Duties. Performance of uther duties required of Declarant pursuant to
any provision of this Declaration or otherwise re3sonably necessary for operation, maintenance,
repair and replaccment of the Comrnon Area.
Declarant may*contract with a third Person or Persons to provide for perfornlance of all or
pai-t of the duties and obligiitions of Declarant to maintain and operate the Common Areas, provided,
however, that Declarant shalt remain responsible For the operation and maintenance ofthe Common
Area in the Shoppi n~ Center and for the perfor-~-n;~nce of~ such third Person or Persons.
5.2 Conirnon Area Costs of Oueration and Viaintenance. Common Area mainienance
costs ('`CAM Charges") means all reasonable expenses incurred by Declarant for the management,
operation, rcpair and maintenance of the Common Area, including, without limitation, eYpenses for
services clescribed in Section 5.1 and (a) all paving, landscaping, electrical, plumbing, and lighting
fixtures and utilities anci other systems, structures and improvements appurtenant to the Common
Area; (b) fees for consulting, accounting, legal, maiiitenance, guard, seeurity; and other services;
management fees 1nd coses (incurreci by Landlord, any affiliate of Landlord, or charged by any other
entity managing the project at a rate consistenc with prevailing market rates fur comparable services
anci projects); (c) reasonable reserves for operating, repair and maintenance expenses; (d) costs of
power, Nvater, sc%ver, Nvaste disposal, telephone, securitv and other utilities and services, fire
protection and firc hydrant charges, licciise and permit lces, to ttie extent incurred for the benefit of
the Shopping Center as a whole; (e) obtaining, storing, and instaliing eyuipment, materials and
supplies; (f) cleanino, sweeping, Iaildscap;ng, snow rerlioval, paiilting, sealizig and resurfacing of
vehicle parking arcas, drives and walkways; (g) shopping center signs, including pylons and the
14
. • ' .
4699478
.
03~08j20025 03 27P
PRINf HWLEN EiP,I EAS $39,00 Spokane Co. WA
rotunda, traffic control and directional signage; (h) seasonal holiday decorations; (i) capita] .
improvements to the Common Area or the Shopping, Ccnter, to the extent allowed below; (j) liability
and property insurance maintained by Landlord with respect to the Shopping CentEr as a whole; (k)
deprec€ation on personal property and equipment used in connection with the operation and
maintenance of the Shopping Cenier; and any other costs, charges, and expenses that undergenerally
acceptcd accounting principleswould be regarded as management, maintenance, repairoroperating
expcnscs of the Conimon Area or the Shopping Center.
5.2.1 Pavment bv Deciarant. Ail CAN1 Charges incurred hy Declarant shaU be paid
directly by Declarant promptly and prior to delin(it,ency. neclarant shall expend only such monies
as are reasonably nccessary for the proper operation and rilain[cnance of the Common Area_
5.2.2 Car) ital Improvcmcnts. CAM Charges shall include costs (amortized oversuch
period as Declarant may reasonably determine) togctlier Ni-ith interest at a rcason3ble borrowing rate
on the ilnamortized cost of any capital improvemcnts that are macic: to the Common Area by
Decfarant (a) for the purpose of reducing operating expenses, or (b) by requirement of any
governmental law or regulation that was not applicable at the time the Common Area was
construc:ted and nut as a result of special requircilients for any Occupant's use.
5.2.3 Exclusions. CAM CharcTes will not include (a) depreciation (other than
depreciation on personal propcrty and equipment); (b) costs of alterations of leased space or other
improvements macle for the benefit of any Owner or Occupant in the Shopping Center; (c) all costs,
including finders' fees and real estate brokers' commissions, legal fees, relating to solicitation,
execution or enforcemeni of agreements for lease or sale of any part of the Shopping Center; (d)
mortgage principal or interest; (e) capital iteins other than those referrecl to in subsection 5.2.2; { fl
costs of replacement ofpersonal property and equipment for which depreciation costs are included
as an operating expense; (g) costs of services pros•ided to any Occupant that are directly billed to
such Occupant; (h) costs of repair reiilibursed by third parties; (i) any cost d«e to Declarant's failure
to fulfil its obligations under this Declaration; or (j) any income, estate or inheritance tax.
5.3 AlIocation of CAM Charvcs. Thc CAM Charges shall be sharcd by thc Owners and
Occupants of the Tracts in accordance with the fo!lowing:
5.3.1 Amonp- Tracts. The total C.4Mi Charges for the entire Shopping Center shall
be aUocated among thc Tracts on the basis of'the relztive gross lancl area of each Tract, compared
to the gross laiid area of the entire Shoppitig Center; ,vhich, for such purposes, shall be deemed to
be such CA_y1 Charges multiplied by a fraction, thc numcrator of wllich shall be the eross land atea
within such Tract and the denominator of which shall he the aggregate gross land area in the entire
Shopping Centcr.
5.3.2 A.mone Occuqaiits. As to any Tract occupied by multiple Occupants, the
portion of CA.:ti'I Charges allocateci to each Tract rursuant to subsection 5.3.1 may be further
allocated amonu the Occupants of such Tract bv the Okvlier thereof in such manner as the Ownerof
the Tract may deternline, but such allocation shall not relicve the Owner of the Tract from liability
for payn7ent. Declarant will bill each Occupant ot'Tracts owned by Declarant for CAM Charges
15
. •
~ 4699478
. ~ aa,
's/2a~azs °a~iiP
PAINE NAM6lEN E1AL EAS $39.00 Spokane Co, WA
owed and may, in Declarant's soic discretion and on such terms and conditions as Declarant and any
otherOwner ma_y cictcrmine, bill Occupants ofTracts owed by others in accordance with agreements
for allocation of CANi Charges between such Owners and Occupants.
5.4 1'zvment for CAM CharQes. Each Owner's or Occupant's share of CAM Charges will
be paid monthly, as dctErnlined by Declarant for any calendar year, either:
5.4.1 In Arrears. In arrears, within thirty (30) days after receipt of an invoice
showing the actu.31 CAVI Charges inciirred during the preceding month. If Declarant eiects to charge
CAVi Charcies in arrears, within fifteen (15) days after thc end of each calcndar month, Declatant
shall submit a statcment to each Owner or Qccupant for its share of CA.Nf Charses for the preceding
calendar month. In addition to setting forth the proportionate share, the statement shall summarize
by appropriate categories the costs and expenses incurred by Declarlnt for the operation and
maintenance of the Common Area f'oc such prececiing catendar month.
5.4.2 In Acivance. In advance, on thc first day of each month, in cqual monthIy
installrnents of one-twelfth the annual budgeted amount for such CAM Charges, based on an annual
budget for CAIVI Charges prepared by Declarant prior to the eommencement of each catendar year.
IfDeclarant c:lects to cliarge Cf1.M Chargcs bascd on an annual budget, Declarant sha21 provide each
Owner or Occupant (a) prior to the beginning of any calendar year, with a budget of CAM Charges
rcasonably anticipated to be incurred in the coming year, and (b) within ninety (90) days afterthe
end of each calenciar year, with a statement, showine in detail all items constituting CAM Charges
for the year just ended, and showing the manncr in which such OCcupant's share has been computed.
Any excess CAA4 Charges paid during any year will Ue offset against CA,i~f Charges due in the
succeedin9 year, or if Occupant will not be present in the Shoppin~ Center in the succeeding year,
refunded to Occupant within thirty (30) days foilowing calculation of such excess. Each Owner or
Occupatit shall pay Declarant any shortfall in CAM Charges within thirty (30) days of receipt ofan
invoice thcrcfor.
5.5 Reeords. Declarant shall, in accordance with good bookkeeping practices and
generally accepted accounting principles, maintain a complete record of each and every item charged
as a CA,~'vt Charge For the rnanagement, operation, rcpair and maintenance of ihe Common Area.
Declarant shall keep and maintain all records and books herein required for a period of four (4) years
&oen the end of each calendar year to which they apply. Ali records anci books hereunder shall be
kept bV Declarant at its principal place of busiiiess; provided, the recards and baoks maintained
hereunder shall always be kept at a location.vithin the State of'«Jlshington.
5.6 Review. Not more thcin once each e;zlendar year, eaeh Owner or Oceupant paying
CAM Charges to Declarant shall have the right, upon thirty (30) days' prior notice to Declarant, to
review Declarant's reeords for the prior year relating to CAN1 Charges, including such documents
ancl records as may be ilecessary to verify the accuracy and content of each stateitient hereunder and
Declarant shall supply, or make avaiiable for revicw, such documents and records upon requesi. As
, calendar year; and
to any calendar year, any review must be initiatcd bcforc the end of the followinv
absent fraud or gross negligEnce on Declarant's part, the CAt*vf Charges timely reported for the
calendar year wili be deemed control}ing upon the expiration of such following calendar ycar. If it
16
111 1 1 1:1 11111111 4699478
Pa~e: 11 of 31
( I ~~~t,; 1li1, - 0310812002 03:27P
PAINE WIELEIt E1AIL EAS 339,00 Spokane Co, 1A
is determined that there was an crror in the detezzniilation of common area charges, then an
appropriate adjustmcnt will be made within thirty (30) days following cietermination. Declarant shall
pay the reasonable accounting cost of any review if such review discloscs an ovecstatement by
Declarant of three percent (3%) or more of CAN1 Charges payable hy the cllallenging Occupant in
a calendar year.
ARTICLE f.
T'ax e~
6.1 Fach Owner shall pay, or cause to be paid, prior to delinquency, directly to the
appropriafe taxing authorities, all real and personal property taxes, installments ofgeneral orspecial
assessments (amortijeci over the longest pcrmissible time), ievies, lice«se fees and other
governiilentai charges and impositions which are ievied , imposed on account of, assessed against
or aliocated to real orpersonal property within their respective Tracts ("Taxes"). h'othing contained
in this Section shall prevent any ONvrier from contesting, at its cost and expense, any such Taaces,
with respect to such Owner's Tract in any manncr that such Ow-ner elects, so long as such contest
is maintained with reasonable diligence and in good faith. At the time such contest is concluded
{allowing for appeal to the highest appellate coiirt}, the contesting Owner shall promptly pay all such
Taxes determined to be owing, togcthcr with ali interest, penalties and costs.
6.2 As to any Tract, the Taxes allocated to each Tract or any improvements or personal
property thereon may be further allocated amon~ lhe Occupaeits of such Tract hy the O~vner thereof
in such manner as the Owner of the Tract may determine, but such allocation shall not relieve the
Owner of the Tract from liability for payment.
ARTfC:LE 7.
Lic.~ns
Declarant shall keep the Tracts free from any a11d all liens arising oLit of any work performed
for, malerials fiirnished to, or obligations incurred b}f, Declarant in conncction with the oPeration,
maintenance, repair and replacement af the Common :'1rza. Each other Q4vner shall keep its Traet(s)
free from any and all liens arising out of any work perf'onned, materials funiishe'd to or obligations
incucc-cd by such Owner in connection with the constniction, operation, rziaintenance, repair artd
replacerlient of improvements on their respective E3uilding ~-lreas. Declarant, or each other Owner,
as the case may be, shall, within thirty (30) days after the date of the impositian of such lien, pay the
lien claim in full, unless such Owner desires to contest any such lien claim, in which case such
contesting Owner shall, within such lhirty (30) day period, and as a condition precedent to the
contesting Owncr's right so to contest, procure a bond from a resporlsible coq)orate surety in such
amount as may bc required to release the lien.Nathing in tilis Article shall prevent any Owncr &om
voluntarily encuilibering their Tract with long, cen-n financing for the acquisition and aevelopment
of the Tract; subject however, to thc tctziis of tfus Uerlaration.
17
- ~ 1 ~
~ # 1- 11 4699478
' i i 11 Pae: 18of31
PAINE K~P1t~;Etl ETAI t~ - 43~0812002 03:21P
EAS $39.44 Spakane Co, WA
AR"CICLC S.
lndemn;fication ancf Insurancc
8.1 Indemni fication.
S. t.1 Common Arca Indemnitv. L-xcept as provided in Section 8.2.4, Dec larant shall
indemnify, defe►id and hold the other Owners harm(ess from and against any and alI claims,
expenses, liabilities, loss, damage and costs, includini,, rcasonable attorney's fees, and any actions
or proceedings in connection therewith, incurred in coilnection with, arising Crom, ciue to, or as a
result of the death of any Person or any accident, injury, loss or dzmage, 11~owsoever caused, to any
Persorl or property as shall occur in or about the CoRirnon Area located on each Qwner's respective
Tract to the extent caused byorresulting from ttie negligence or willful act oromission ofDeclarant.
8.1.2 Buitdinsa Area Indemni;v. Except as provided in Section 8.2.4, each Owner
(including Declarant, as Owner of Tract 1) shall indemnify, defend and hold the other Owners (and
Declarant, as operatorofthe Cammon Area) harmless from and aJainst any and all claims, expenses,
liabilities, loss, damage and costs, including reasonable attorney's fees, and any actions or
proceeciings in connection therewith, incurred in canriection Nvith, arising from, due to, or as a result
of the death of any Person or any accident, injury, Ioss or dama0e, howsoever causeci, to any Person
or property as shal 1 occur in or about the Bu i ldi►ig Areas located on each Owner's Tract, to the extent
eaused by the negligence or willful act or omission of such Owner or any Occupant or Licensee of
any such Owner's Tract, or their respectivE agents, servants or empfoyecs.
8.2 Insurance.
8.2.1 Commercial General Liahilitv on Common Areas. Declarant shalt maintain,
or cause to be maintaincd, in full force and cCfcct comm,.•rcia1 Lenera) liability insurance (or its then
eqiiivalent in Ihe insurance industry) covering the Cominon A_re<<s with a single occurrence limit of
liability of not Icss than One Million Doilars (S 1,000,000.00) and an ag;;regate liabiliry li►nit ofnot
less thanTwo VlillionDollars (52,000,000.00) forbodilyorpersonal injiiryordeaih. Such insurance
shalt include thc Collowing provisions:
(a) shall provide that the policy may not bc cancelcd or materially redueed
in ainount or coverage without at least thirty (3(}) ciays' prior written notice by the insurer to each
insured and additional insured;
(b) shall name eaeh othcr Owner as an additiorial irzsured;
(c) shali provide for severahility of interests;
(d) shall provide Ihat an act or omissican of one oF thc insureds which
would void or othenvise reduce coveragc shall not recluce or void the coverageas to the other named
LJ1SUre(1S.
18
. . , .
• ~ ' 4699478 43~08124029 o03 2]P
PAINE W6lEN ETAL EAS $39.40 Spokane Go, WA
8_2.2 Commercial General Liabititv [nsurance on Buildine Area. Each Owner shall
maintain or cause to be maintained in fit ll force and effect commercial general liability insurance (or
its then equivalent in the insurance industry) covering the Building Areas located on each Owner's
Tract with a single occurrence limit of liability of not less than One Million Dollars (S 1,000,000.00)
and an aggregate Iiability limit of not less than Twa ytiIlion Dollars ($2,000,000.00) for bodily or
personal injury ar death. Such insurance shall include the foliowing provisions:
(a) shalt provide that the policy may not be canceled or materiallyreduced
in amount or coverage without at least thirty (30) days' prior written notice by the insurer to eaeh
insured and any additional insured;
(b) shall tlame each otller Owner as an additional insured;
(c) shall provide for scvcrability of interests;
(d) shall provide that an act or omissiort of one of the insureds or
additional i«sureds which would void or othenvise rec.luce coverage shall not reduce or void the
coverage as to the other additional insureds or the insured, respectivety.
8.2.3 Prooertv Insurance. Each O,~vner shall carry (or cause to be camed) Special
Form property in surance exclusive of earthquake artc! tluod coverage (or sucr► other all-risk coverage
as may then be customary in the insurance industry) <<pon all buildings loeated in the Building Area
upon its Tract, with coverage in an amount of' not less than nincty percent (90%) of the full
replacement cost thereof (exclusive of ttle cost of excavations, foundatians and footin~s). The loss,
if any, covered by such insurance shal l be paid to thc respective Owner, unless payment of alI or a
portion of said insurance is required to be made to a mortgagce, deed of tnist beneficiary or
leaseback lessor, as its interest may appear. Eacii Owner shall have the right and power to adjust and
settle any loss with its insurer.
8.2.4 Waiver of Slibroeation. Each OvLtner and Oecupant hereby reieases, and
waives for itself and on behalf of its insurer, each other Oxvner and Occupant from any liability for
any loss or damage to property of such releasing, 0wner located upon any portion of the Shopping
Center, which los> or damage is of the type covcred by special form (ail-risk) property insuranee,
irrespective either of any negligence on the part of th-, released OwI1eC Which may have contributed
to or caused such loss, or of the amount of such insurancz required or actuaity carried. Each Owner
agrees to use its best efForts to obtain, iF nccded, appropriate endorsements to its policies of
insurance with respect to the foregoing waiver; provicied, hoxvever, that tailLire to obtain such
endorsements shall not affcct this releasc.
8.2.5 Other Insurance Requirements. All insurance required by this Section shall
be procured frocii cornpanics licensed in the State of Washinoton and rated no less than A: VIII in
the most current edition of.4. illI. Best 's Keti) Rnrrtrsa Griirle and no less ihan A- in the most current
edition ofStandarcl & Povr Instrrunce Solvenct, Revre►v or as otherwise approvec.l by Declarant and
the limits ofsuch polieies shall be revicwed by Declarant ancl Qwners and approved as to sufFciEncy
at least every five (5) years.
19
~ . .
4699478
t~ y ~~08~20~b2Q ~ ~P
PA:NE EAS $39.00 Spokane Co, WA
8.2.6 Self-Insurance. Each Owner shal( have the right to self-insure the risks that
would otherwise be covered by the commcrci:zl veTleral Iiability and property insurance policies
required to be maintaincd by the terms of Sectians S.2 and 8.3. ll'an Owner desires to self-insure,
it shall so notify Ueclarant and shall thereupon assumc the risks of and shall pay Crom its assets the
costs, expenses, damages, claims, losses, and liabilities relating to injury or death to persons or
damage to property, if and to the same exttnt that a third party insurance company would have paid
those amounis if the insurance company were insuring those risks under the policies described in
Sections 8.2 and 8.3. No Owner may self-insure unless and only so long as sairi Owner (or any
Occupant expressly asswning Iiability hereunder on behaIf-oCsuch Owner) maintains a net worth
equal to or etceeding Fifty Nlillion Dollars (~-50,0,-'0,0100.00), or as such figtire may hercafter be
adjusted by written noiice to each Owner from C)zc9a:ant, to reflect the effects of inflation, based
on figures published from time to time by the l,►nircd States Department of L3hor, E3urcau of Labor
Statistics. In furtherancz of these conditions:
(a) Any Owner (or any Occupant cxpressly assuming liahility hereunder
on behalf of such 4wner) shall within one hunclred and twenty (120) days atter the end of sueh
Owner's (or Occupant's) fiscal year, shall provide Declarant xvith a copy of its most recent annuat
report, accompanied by a lctter from its Chicf Financial OFficer, Assistant Treasurer, or Director of
Insurance, in foi-in and substance reasonably satisf'actory to Declarant, that confinlis that the Owner
(or Uccupant) does not maintain insurance agaanct vcneral liability or 1-ironcrty claims or,
alternatively, if that insurance is maintained, that the Uvror (or Occupant) has elecceci to sclf-insure
the deductibles urider the policy and has electc-u to ;clt*-insure claims in excess of the policy's
maximum doltar limitation. That letter shaIl fiirthec rwj firrn that the Owner (or 4ccupant) assumes
responsibility for the risks associated with self-irz~ixince under a regular program uf self-insurance.
Upon the requzst uf Declarant, the Owner (or Qccup;int) shall furnish Declarant with such additional
information as Declarant may reasonably c-eqtic:st tO siibstantiate that the O~vner (or Occupant)
maintains a regular program of self-insurance, that the Owner's (or Occupant's) net worth equals or
exceeds the amount required and that the Owner (or C)ccupant) is otherwise entitlec.i to self-insure
(b) Z'he Owner (or Occurant) sllall promptly notify Declarant in writing
in the event its net worth falls below the amount spccst^Ad, oc if the Otvner (or OrcLip<lnt) is required
to or elects to terrninate its program of self-insuri?ice "or aiiv reason whatsoever. That notice shall
be accompanied by a cerci f icate oFinsurance frnrzi a t' insurancz company which evidences
the existencc of-thc insurance coveragc rrquirccl to :~i:,intained pursuant to tPle terms of Section
Sections 8.2 and 5.3.
ARTiCLE 9.
Eminent I)omain
9.1 0w►ier's Rip-ht to Awiird. In ttic cvcrit of anv exercise of eminent domain or tr<<nsfer
in lieu thereof of any part of the Comriion Areas, the award attributable to the land and
improvements of such portion of the Common Arr:is s"•,01 he pa}'able only to the Declarant and no
claim thereon shall be made by the ocher Ownerti, :S'11*1ir:4_::•ly, t~le 1ward attributable to the tand and
20
. , '
4699478
Pare: 21 of 31
43 0612002 03:21P
fAIfiE HAMB! Eh ETAL EAS $39.00 Spokane Co, WA
improvements on Builciing Areas shall be payable only to the Owner in fee thereof and no claim
thereon shall be made by the Owncrs of any other portion of the Shopping Centcr. Division of the
award shall be i,1 a procecding on ccaring separate from the valuation of the propcrty taken in the
condemnation action.
9.2 Collateral Claims. Other Uwners (i.e. other than Declarant) of the Common Areas
may file collateral claims with the condemning authority for their losses which are separate and apart
from the value of the land area anci improvements taken from another Owner.
9.3 Restoration. The 4wncrs anc! Declarant, as to any taking affecting F3uilding Areas or
the Common Areas, shall to the extent of their respeciivc shares of the award, promptly repair and
restore the remaining portion ofthe building anci Common Area, respectively, as near as practicable
to the condition of samz immediately prior to such condemnation or transfer.
ARTICLE 10.
Rcmetlies
10.1 Force Maieure. The time for perfoniiarlce of any terni, covenant, condition, or
agreemcnt of this Declaration shall be exlericl:d by aily period of Unavoidable Delays. In this
Declaration "Unavoidable Delays" means a cause bevoncl the reasonable control of the Qwner
obligated to perform the applicable covenant, eondition, or agreement under this Declaration and
shall inctude, without limiting the generality of the foregoing, delays attributable to acts of God,
another Owner, strikcs, lockout, labor disputes, explosion, governmental restrictions, court
injunctions, riot, civil commotion, war, invasion, insurrection, sabotage, malicious mischief, inability
(notwithstanding good faith and diligent efforts) to procure, orgcncral shortage of, labor, equipment,
facilities, materials or supplies in the open market, failtirc of puwer, failure of transportation, fires,
epidemics, quarantine restrictions, freigllt en}barUoes, unusually severe weather for Spokane,
Washirigton, inability (notwithstanding good f:iitai anij diligent efforts) to obtain governmental
permits or approvals or delays ofcontractors or subcontrartors tlice to such causes, and not caused
by any act or failure to act by the Owner tl:erchv dfe:,a~ed in such perfonnance, acts of a public
enemy and casualty, but shall not include delays a!trib!:cablz to financial difficLilttes of'an Owner.
In the evecit any C3wner intends to avail itscit of this '--ection, it shall givc ~vritten notice of sucb
intent to the other Owners, such noticc to be given not niorc than thirty (30) days zfter th-.. ciate when
the prevention, interruption or delay caused by the Unavoidable Delay began.
10.2 Self Heln and Lien Rip-hts. [f aiiv Owncr s}lall default in the periormance of an
obligation oCsuch C)wner to another Owner, suctz other Uwner shall, in addition to al I other remedies
it may have at la«< or in equity, after f i ftcen (L 5) days pr.'or written notice (except in the event of an
emergency), have the right to perform such oblifla1;01 71 hchaif caf sLIch defaulting Owner and be
reimbursed by such defaulting Owner for the cof-~t touether with interest at ttivelve per cenE
(12%) per acinum. Any such claim for rcimhurs-,rW:ac, ►-4)ether with interest as aforesaid, shall be
secured by a lien therefor anci shall attach to the por'io:► oi the Sllopping Center and impc-ovements
ihereon owned by the defaulting Owner ef'f'cctiVt uron r~,corciiriS oCa notice thereof in the Uffice of
the Auditor of SpoE:ane Councy, Washili3tol1.
. ~ .
4699478
~ I Pare; 22 of 31
43 08J2402 03,27P
PAINE WBIEN ETAI E~S 139,04 Spflkane Co, VA
10.3 Iniunctive Relief. In the cvent of any violation by any Owner hereto or by any
Occupant of any part of the Shopping Center of any of the terms, restrictions, covenants and
conditions provided herein, any of the Owners, shali tiave in addition to the right to coilect damages,
the right to havc; such violation enjoincci by a court of competent jurisdiction. Prior to the
commencement of any such action, fi fteen (15) days written notice of the violation will be given to
all other Owners and to the Occupant(s) al(egccily in violation.
10.4 Non-Terniinable Declaraiion. vo breach of the provisions of this Declaration shall
entitle any Owner to cancel, rescind or othe«vise tenninate this Declaration; but such limitation shall
not affect, in any manner, any other rights ar remeciies which any Owner may have hereunder by
reason of any bre;ich of the provisions of this Declaration.
10.5 Nan-Waiver. No delay oromission ofany ONvner in the exercise ofany right accruing
upon any defaLilt of any other Qwncr shall impair sucll right or be construed to be aNvaiver thereof,
and every such right may be exerciscd at aily time ciuring the continuance of such default. A waiver
by any O«mer of a breach of, or a default in, any of the ternis and conditions of this Declaration by
any other Owner shall not be constnied to be a Nvaiver of an_v subsequent breach of or default in the
same or any other provision of this Declaration.
ARTICt.E 11.
Release t lpnrz_.Sale nF Interest
11.1 Transfer of Interest. Any transfc,~rce, by lease, sale or otherwise, of any ownership or
possessory interest in any Tract (or portion thereoo sf»11 automatically, by acccptance of title to or
possession of such Tract (or portion ther•eoo, he deeriiPd to have assumed all obligations of this
Declaration relating therEto to the extcnt of its interesr in its Tract and to have agreed with the then
Owner or Owners of all other Tracts in the Shoppine Center to execute any and all instruments and
to do any and all things rcasonably rcquircd to carry out this Dcclaration. If any Owner shall transfer
its fee interest in a"fract, such Owner shall, upon the cumpletion of such transfer, be relieved of all
further liability under this Declaratioil, except such liability as may have arisen during its period of
ownership or occupancy of the Tracts(s) sa conveyecl.
A12TfCLE: 12.
tilorteaEes anti_7,tw)pel Certificates
12.1 k1ortgapee Protection. This Declaration, and the rights, privileges, covenants,
agreements and casements hereundcr w•ith respect to each Owner and Tract, shall be superior and
senior to any lien placed upon any Trar.t, incltse'.inv- the lien of any Tnurtgage or deecl of trust.
Notwithstandinc, thc foregoing, no breach hereofsh:i?1 dvfeat, rcndcr invalid, diminish or impairthe
lien of any tllOt'tgage or deed of trust made in gnocd falith and for value, but all of the covenants and
restrictions, easements and conditions and other pr ~~•i ;~-~~ls, tercns and conditions contained in this
I)eclaration shall be binding upon and eficr:iv: al►.~inst any Person (including any mortgagee or
4699478
?3 of 31
y~; „ ~ Pae"~"~ ►i.`~' ~b~~ ~i4jF , 0310612002 03;27P
y39.00 Spakane Co, WA
bcneficiary under a decd of trust) who acquires tiFle tu any Tract by foreclosure, trustee's sale, deed
in lieu of foreclosurc or otherwise.
12.2 Subordination As To Encumbrance Whefher Prior to Lien Claim or Not. Any lien
createci pursuant to the provisions of Sectio» 14? i b» su~ject and subordinate to the interest held
by any bona fcde encumbrances under a mortv;jiJe. <;t•zd of tnist or the holder of title under a sa(e and
leaseback arrangement (Nvhich mortgage, eleect (if trUst or tit(e is subject to no prior contractual
encumbrance secLiring paynent of money), cnr~~=•,-t~•c! if1 9-ood faith and for fair value in connection
with financin~ on customary and usual ter~~a~: v, ~:li ~-cs3~~~ct to the Tract which is the su~iject of the
claim of lien, regardless of the date of recos•c'.iIic7n or cl-cation thereof.
12.3 ~1-lortea2ee Protection Extends to Sa~le ancl Leascbacks. For purposes of the mortgagee
protection provisions in this Ariicle 12, a"sale a;icf lriscback" lessor shall be entitted to the benefits
of the provisions of this tlrticle 12 in the event that title to a Tract is transferred by the Owner
against whom a lien is claimed, subject to no encumhrance sectiring an oblig<ition for payment of
money (other than a lien to secure pd),ment of eFt-te taxes) and the Tract is leased back in its
entirety by the Owner against whoii1 the liccl iF, c1l::°r: :,wi, which Owner assumes in the leaseback
arranaement full responsibility fur performanre Oligations to be pcrformed hereunder.
12.4 Estonnel Certificate. Each Owrlc-- -tarees, tliat upon writte« request (which shall not
be more frequent than ttiree (3) times during any calend.-Ar year) of any uther Owmer, it will issue to
a prospective mortgagee or successor of such other Owner, or to such other Owner, an estoppel
eertificate statino to the best of the issuer's knc>\,%•!Xaive as oF such date:
(a) whether the O\vner to whom the request has been directed knows of
any default by thc requesting Owner unJc:r tl.ia ~~f.-r:,3r,ition, and if there are known defaults,
specifying the nature thereof;
(h) whether this Dkcl•~r:i}ic~~l has bcen assigned, modified or amended in
any way (and if it has, then stating the naiur:: tileceol);
(c) whether this 1)eci.irat:on is in full force and effect:
(d) the status of C.a'v1 Charges applicable to such Owner's Tract.
Such statcilient shall act as awaiver of aEiv claim bv the Owner furnishing it to the extent
such claim is basec:l upon facts cuntrary to those :,i the statei-ilent and to the extent the claim
is asserted against a bona fide encumbrancer or; ~r tior value without knowledge of facts to
the contrary of those contained in the statenient, .os,.f ; has ac.ed in reasonable reliance upon the
statement howevcr, such statement shall in no rv -r ~svh.'.•c:t the Owner furnishing it to any liahility
whatsoever, notwithstanding the negligent or o;' ••~-.i•,dvertent failure ofsuch Ownerto disclose
correct and/or relevant inforniation.
23
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• 4699478
~Pa e; 24 of 31
03~a8!2002 43:27P
RX =~~L EAS 539,00 Spokane Co, WA
ARTICI.E 13.
miscedlaneous E'rovisions
13.1 Notices. Atl notices, demands, staternents, and requests (each, a"notice") required
or peRnitted to be given under this Declaration must 5c in writing and shall be deemed to have been
properly given or served as of the date hEreinzf,er sl,eci fied: (a) on the date of personal service upon
the Person to whom the notice is addressed or ii'siicli person is not available the date such notice is
left with an identified person of suitable ave attd c4iscr^!ion at the address af the Person to whom it
is directed, (b) three (3) days aftcrthe date tlre i> ►-instmarked by the Llnitec! States Post Office,
provided it is sent prepaid, registered orcer*.if;~,.y ir.:ii6, r•ettirn receipt requested, and (iii) on thedate
the notice is delivered by a reputable professional cOurier service (including Federal Express,
Express Mail, DF1 L, Emery or similar operatiun) tu the address of the Person to whom it is directed,
provided it is sent prepaid, return receipt reqtitasttc{. The addresses of the Owners shall be
estabiished, from time to time, by notice given in the inannc:r herein provided.
Each Owncr shall have the right, from tiriie to time, and at any time, upon at lcast ten (IO)
days prior written notice thereof in accordance ~~•s~:~ Oic lirovisions hereof, to change its respective
address and to reasonably specify any otlicr ad,:ress,~s w:! hin the United States ofAmerica; provided,
however, notwithstanciing anything hereiil to the contrary, in ordcr for the notice of
address change lo be effective it must actuM!!y Refiisal to accept drlivery of a notiee
or thc inability to deliver a notice beca~tsv of arz address change which tivas riot 'properly
eonununicatecl shall not defeat or delay the v:vin` of a notice.
131.2 Avproval Riehts. Unless othec-,~visc herein provided, whenevcr appi•oval or consent
(collectively "aprroval") is required, such approvc.l stia;l not be withheld or clelayed, eYCept for a
reason which ille party withholding consent hLllcves, in jood faith, to be a valid business reason.
Unless provision is made for a specific time per;oci, •rr,--oval shall be given or withheld within thirty
(30) days of the et-fective date ofa notice corr,,ioli-:, ;i rcquest for approval. Tf a disapproval is not
given within the required time period, the r.=~l~_•' QtivnEr shall be deemcd to have given its
approval. If an Owner shall disapprove, 1}ie rc•iG<iwg "<<•refor shall be statec.l. Except with respcct to
an approval given by lapse of tirne, all approv,T:a. ;t ;isapprovals shall be in writing.
13.3 QindinQ rffect. All oftheeaszm-Ints 13c,robygranted, the restnciions herebY imposed,
and the covenants and other provisions herein cont,iincd shall create mutual benefits aiid scrvitudes
upon the Traets, running xvith the land, and sh.c;l Nnciing upon and inurc to ihe benetit of the
Owners of the Tracts and their respective persurzal r.%ir~-sentatives, heirs, succcssors in interest, and
assigns.
13.4 Noc a Public Dedication. Nothinv con€,wined in this Declaration shall be deemed to
constiiute a gift or dedication of any portian of! ~•)Mng Center to the genzral ptiblic or for the
benefit of the 3cneral public or for any pulic I-ee whatsoever, it beinu the intention of the
Declarant that this Declaration will be strict-v ~i• •,f to anci for the purposrs exprrssec3 herein.
13.5 tio 'Third Partv Bene#iciarv. Thw:%rovisions of this Declaration are for the exclusive
benefit of the Ownirs, thcir sucressors and dssbgtis, anci not for the benefit ot'any third Person, nor
2~
~ ~ M •
• i 4699478
.
03~08J20425 03 21P
PAINE NUBILEh E1At EAS $39.00 Spokane Co, WA
shall this Declaration be deemed to }iave conferrcd any rights, express or implied, upon any third
Person. It is expressly understood and agreed that no modification or amendment, in whole or in
part, sliall require any conscni or approval on the part of any Occupant or Permittee other than an
Owner.
13.6 Modifcation/Termination. This Declarationmaybeamended, rnodiGedorterminated
at any time, but unly by written consent of (i) the Owners of 70 % of the gross land area of the
Shopping Center and (ii) the Occupants of 70 °/'o of the occupied main Floor area of all buildings
located within the Shopping Center.
13.7 Parap-rar)h Headines for Convenience Onlv_. The Article headings in this Declaration
are for convenience only, shall in no Nvay detine ur limit the scope or content of this Declaration, and
shall not be considered in any conscniction or iritecpretation of this Declaration or any part hereof.
13.8 NecQation of Partnershia. Nothing in this Declaration shall be construed to make the
parties hereto partners or joint ventLirers or render an Owner liable for the debts or obligations of
another Owner.
13.9 No Merfzer. This Declaration sliall not be suhject to the doctrine of inerger, even
though the underlying fce owmership to the Tracts described herein, or any two of them, is vested
in one Owner.
13. 10 Partial Invaliditv. If any provision oF this Declaration, or poi-tion thereof, or the
application thereof to any Person or circumst.ir.cos, shall, to any extent be held invalid, inoperative
or unenforceable, the remainder of this Declara,ion, or the application of such provision or portion
thereof to any other Persons or circumstances, sliall not be affected thereby; and cach provision of
this Declaratiotl shall be v<<lid and enforceable ;a the fullest extent permitted by law.
13.11 GovcrninR Law. This Declaratiqn shall be construed in accordance with the laws of
the State of Washington.
13.12 Interpretation. If, from time to time, matters arise with respect to the administration
of the property «Jhich is subject to this Declaracion which have not been contemplated by this
Declaration, or as to which, due to chanurs in c:ircuiilstances, application of the provisions of this
agreement would bring about an unintended resv!t, the parties will meet and iiegotiate in good faith
in an attempt to arrive at a solution which carr3e~ out the basic intention of this agreement and which
does not cause undue harclship to any party !o 0:'4 I 'eclaration or to any Owner or Occupant of any
of the propcrtv.
13.13 Uelec-,ation. Tlie assignment o I"anv ciutv orobligation herein to sn Owner or Occupant
shall not preveiit the delegation by contract or otint:rvise, of such duty or ob(igation to another;
'1 e
~ .
~ 011 iT,i' 11111 4699478
i of 31
j' ' tj ; ` 1'.~~ L J 03?08J24026 03 21P
o _
FP,:'~~ P" , d:... ;1'~ L EAS $ 39.C9 Spokane Co, wA
provided however, no such delegation shal! release such Owner or Occupant from "the responsibility
to perform the duty or obligation if the party to Nvhon1 it has been delegateci fails to do so.
. rr
DATED this,= " day of 200Z
ROMAX ASSOCIATES
.
~y.
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, Spdi , Partne~
,
ftabert A. Rosier, Partiier
STATE OF WASHINIGTON )
)ss.
County of Spukanc )
I certify that I lcnow or have satisfactory evidetlce that MAX SPALDTNG and ROBERT A.
ROSIER are the persons who appeared before me, arid said persons aeknowleci9ecl chat t1ley signed
the instrument, on oath stated that they were authori.•ed to execute the instrument and acknowledged
it as the general partners of ROMkX ASSOCIA7'i~S, a Washington general narcnership, to be the
free and voluntary act of such party for the uses ai;d purposes mentioned in the instrument.
Dated: March 6-1" , 200.1
-n
, ~19sionE.
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NOTARy _ Natary Pub(ic in and for the State of Washington,
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4699478
Pa e; 21 of 31
_v, k 43~0912402 03,11P
:166B E1Al EAS 139.00 Spokane Co, WA
Exhibit A
Legal Description (Tracts 1-6)
TRACT 1:
Tracts 8, 9 anci 10 of WAR.REN'S F1VF ALRF TRACTS according to the plat thereof recorded
in Volume "C" of Plats, Page 58 in the Cuunty o; Spokane, State of Washiqllan;
EXCEPT the East 210.00 feet of said tracts.
AND EXCEPT the South 169.96 feet of saiti T: act 10.
TOGETFIER WITH that portion oCTraCts 11 and 12 of said plat described as f'ollows:
Beginning at the Northeast corner of said Tr:ict 12; thence S74°00'38"W along thc north linc of
said Tract 12 a distance of, 113.84 feet; thence SC10°OT 13"E, a distance of 450.05 feet to its
intersection with the north line of the south 169.96 fect of saict Tract 11; thence SS9°59'3 t"E
along said line, a distance of 103.03 fcet to the evc line of said Tract 11; tl1c-nce N00°39'00"E
along the cast line of said Tracts ] l and 12, a dist;ince of 481.46 feet to the point of beginning.
Containing 276,962 square feet more or Iess.
TR ACT 2:
Tracts 11 and 12 ofWA.RREN'S FIVE .ACRL TR.ACTS according to the plat thereofrecorded in
Volume "C" of Plats, Page 58 in ttic Countv State of Washini:,ion;
EXCEPT the VVest 15 feet thereof conveycd to Spak-ane County for Argor;ne Roaci by instrument
recorded under Recording No. 5062688.
ANI-D EXCEPT the South 169.96 fcct of'saic! Tr,;ct lI
ANI-U EXCEPT that portion of saici iracts descrit-,t~Qf as foltows: ,
Beginning at the Northcast corner of said Trzci thence S74°00'38"W along the north line of
said Tract 12 a ciistance of, 113.84 feet; them--- ~"-:_",)1' 13"E, a ciistance of 4 50.05 fcet to its
intersection with the north line of the south 1. #',et of said Tract t l; thencz S39'59'3 1"E
aIong said line, a distance of 103.03 feet to t;:e c:.st l:.ie of said Tract 1 1; thence N00°39'OU"E
along the east line of s3;d Tracts 11 and 12, a dis;tince of 431.46 feet to the po:nt of beginning.
Cocitaining 192,276 square fcet more or less.
r ~
. •
a c;t
4699478
. ,
rave: 28 of 31
,
0;312002 03:21P
TR.ACT 3: Pki',; I'P",61EN ItAl EAS $AM Spskane Co, WA
A parcel of land located in the Northwest Quarter of Section 8, Township 25 North, Range 44
East of the Wil(amette iVleridian, in the Co.cr,ty of Spokane, State of Wasliiragton, being in part a
portion of Tract 1 1 of WARRE1''S FIVI: aCRE TRACTS according to the Eilat thereof recorded
in Volume "C" of Plats, Page SS in the Spc.kaa;c (:;ounty Auditor's Office, being rnore particularly
described as follows:
Commencing at the Southeast corner of s<wl TraGt 1 1; thence N.00°39`00"E. along the East line
ofsaici Tract, a distance of 33.50 feet to 0-,~ N-1,*~,er{y mart-in of Montg~~~~~e,v .1v••nue rer Right
of Way Dced recorded under Auditor's \'o. _0ff,?; therlce Vvesteri}~ a.'<s,np ;aic; Z'ortlierly
margin the following three (3) courses; {1} thence v.89°59'31 "W., a clistac„c- of 2-1.72 feet; (2)
thence S.35°49'09"W., a distance of25.66 Cret; (3) thenee N.89°59'31 "W., aLiistallce of 207.96
feet to the TRUE F'OINT OF BEGINNTNG; thence continuing along said 'Northerlv margin the
followiiig three (3) coLirses; (1) \.89°59'31"W., a distance of 16.49 feet;
N.87°08'04"W., a distance of 150.43 fectj (3) tl:o°:cPN.$9°59' 3) 1"1V., a disiwicc c-f 34.69 feet to
an anp-lc point in the boundaCy Of Said CYIarv:n; t}-nce continuina N.89"59':3 i"'X., a ciistance of
135.55 fcet; thence N.43°24'08"W., a clist~wce u; •11.95 feet to the Eastcrlv n;.irgin of Argonne
Road according to instrument recorded untier.auciitors No.506268B; thence N. 00°38'24"E.
along said EasTCrly mzrgin, a distance of i 13.~~9 f.-ct to the North iine o.f the Cotitil 169.96 feet of
said Tract; the►ice S.89°59'31"E. along said lirl:~, o d istance of364.76 fcc.; thoce 5.00'00'00"W.,
a distance of 156.46 fcet to the True Point ot fl~
Corltaining 54,701 Sqttare Feet, more or less. TR4CT 4:
Aparcel uf land located in the North\vest Q!l11rtor nf SeCCt011 S, Towmship 25 irtli, Ranse 44
East of the Willamette Meridian, in the Co, ~y ~:S7okanc, State of Washinn, ~°i, hoing in part
portions of Tracts lU and 11 of WAFZR.EN'. tkCRE 7'RACTS accordic,~: t.a tfie~ plat thereof
recordeci in ~~oiume "C" of ['lats, P~ige Sfi *'~e S;ie~kane County Auditor's U'`°icc, heing more
particularly described as follows:
Commencing at tlle Southeast corner of saici Tract 11; thence N.00°39'00"E. aSoriz, the East line
of said Tract, a distance of 33.50 feet to the tihrtyaerly margin of Mo►ic4oi-nery :%venue per Right
of w'ay Deeci rccorded under Auditor's No. 4250r? and TR[,'E P01NT UF Fs:~^~11NNTNG;
thence S.89'59'31 "E. along said Northcrlv m-iru;n, a distance of 11.23) feet; the::%
N.00°00'40"E., a distance of 136.46 feet to t1he North line of the South 169.96 :'cs~t o: said Tracts
10 and 11; the7ce N.89'59'3 1 "W. along saibi \ur'.!: liiie, a (lisfance of 2b0.00 fzhence
S.00'00'00"W., a distance of 156.46 feet to iid r`,-):-LLherly margin of Mor,!gono~_.-ry Avenue;
thcnce Easter(y alon9 said Northcrly- mar~~P~~ ~tyc :i~~~vins three (3) cours~-~s; (1; i-»nce
S.89°59'31"E., a distance of 207.96 feet; G'; ~1,•,N.38'49'09"E., a ciist.ince K ~'25.66 .I'eet; (3)
thcnce 5.89°59'3 l"E., a distance of ?a.72 f.~.-; to :::e '1'rue Poiiit of Begiiii:ing.
Containing 39,799 Syuare Fect, more or lcss.
TR.4CT 5:
! r y . .
.
~ 4699478
Pa3e; 29 of 31
03fW(2002 03,21P
PA1NE M1BLEN E1AL EAS ~39.00 Spoka,,.e Co, 19
A parcel of land focated in the Northwest QLiarter of Section Township 25 North, Range 44
East of the Willamette Meridian, in the County of Spokane, Staie of tiVashington, being in part a
portion of Tract 10 of WAFZREN'S FIVE ACFZE TRACTS according to the plat thereof recorded
in Volume "C" of Plats, Page 58 in the Spokane County Auditor's Office, being more particularly
described as follows:
Commencing at the Southwest corner of said Tract 10; thence N.00°39'00"E. along the West line
of said Tract, a distance of 33.50 feet to the 'Norcherly m;argin of Montgornery Avenue per Right
of Way Deed recorded under Auditor's No. 4250862; thence 5.89°59' i t"E. alon) said Narttierly
margin, a distance of 11.23 feet ro the TRU' POINT 4F BEGINN1NG; thence N.00°00'00"E., a
distance of 136.46 fcet to the North line of the South 169.96 feet of said Tract; thenCe
5.89°59'31 "E. along said North line, a distance of 260.00 feet; thence S.00°00'00"W., a distance
of 169.96 feet to said Northerly margin of NTont;orTiery Avenue; thence Westerly alonc, said
Northerly margin the foliowing six (6) courses; (1) thence N. 89°59'31 "W., a distance of 1.56
feet; (2) thence N00°00'29"E., a distance of 3.00 feet; (3) thence iv.841 i'33"\V., a Liistance of ,
105.73 feet; (4) thcnce N.89°5931 "W., a distance of 105.03 feet; (5) thence N.4Y40'33"W., a
distance of 27.65 fect; (6) thence N.89°59'31 "W., a distance of 29.11 feet to the True Point of
Beginning.
Containing 40,479 Square Feet, more or less.
TRACT 6:
A parccl of Iand Iocated in the Nurthwest Quartcr oCSection S, To«rnship 25 No:-t}-, Range 44
East of the Willarnette Meridian, !I1 the COtErIIV of Spokanc, State of Was~ingcor, in part a
portion of Tract 10 of WA:RREN'S F1VE ACRE TRACTS accordinc, to 4.;ie p1:~t +.h:reof recorded
in Volume "C" of Plats, Page 5$ in the Spokane County Auditor's Office, bein,►. parcicularly
described as follows:
Comtliencing at the Southwest corner of saic:i Tract 10; thence tii.00°39'00"E. a1ong the Wcst line
of said tract, a distance of 33.50 feet to the Northerly margin oE Ivfontgomery A>>s:rue per Right
of V4'ay Deed recorded under Auditor's No. 42 *70862; lhence S.89'59'31 "E. alons said Northerly
margin, a dist.ince of 11.23 feet; thence N.00'00'00"E., a distance of 136.46 feet to thz North line
of the South 169.96 fect of said tract; thenee S.89°59'31 "E. along said North line, adistance of
260.00 feet to the TRUE POINT OF BEGI-NNtNG; thence S.00"40'00"W., a ciistcircc of 169.96
feet to the Nonherly margin of Montgomery Avznue; thence 5.59°59'31 "E. a[on,! Northerly
margin, a distance of 348.31 feet to the West line oi the F.ast 10 feet of sa;c1 tract; ;ncc
N.00°39'00"E. along said West line, a distance of 199.99 fcet to the Soutlt iine of*t, \'orth 100
fECt of said tract; thence N.90°00'00"W. alor.g said South linc, a distance af 240.(,°) t:.ct to the
West line of the East 2 10 feet of said tract; thence 5.00'39'00"`'lr. along said "lesc I::le, a distanee
of 30.00 feet to said North line of the South 169.96 feet of said tract; fhence N.89'59'31"W.
alortg said ?vurth line, a distance of 150.24 fvt-t to the Tnie Point of E3cginning.
Containing 65,364 Square Feet, more or lcss.
4699478
Pa?e, 34 of 31
03;0812002 03;21P
WbE ROBLEN ETAI EAS Spokane Co, WA
' Exhibit B
Site Plan of Shopping Center
r
4699418
Paae; 31 of 31
03106'2002 M21P
PAiy: NMLEN EiAI :AS $39,60 Spokane Co, WA
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ARGONNE V[L.LAGE EXHIBIT "3"
RECIPROCAL EASEMENT AGREE?vi::NT
''''I I~ _ ~ r~ ° 4710189
oa~04120Q2 o 1210P
PAINE :E 1.~ Spokane Co, YA
After Recor-ding return tu:
ROBEk'C A. ROSIER
South 613 Washington, Ste. 102
Spokane, Washington 99204
]NDEXING IVFC,I• '•V1'l0N
Sltort Legal llescription: Poction ot Trac! - 8, 9, 1Q, 11, 12, .'s 5 Ac re
'fracts (rull I)c•. 71,►nons on txl-ibit> ►n)
Tax Parcel Nos. 45082.1814, 4~ ..~42. t825 and 45082.1 '3
Uocumenis Affcctcd Dec;laratinn of R:•ciporocal Eascii«nts. C Ecriants and
Restrictions, Af=:' 4699478 (Pages 3-41
,
LEASE MEMOI'ANDUM
1nd
SUPPLEMENT TO DFCLAR.ATION C°'; RECIPP.0C." ':-:ASrMENTS,
COVENANTS f1Nn -'~7RIC7': ')N:~
7'his I.ease Memorandum and Supplen,ciit to :-r:,-iration o' .?ec:;•- ! Easaments,
CovenanLs and Restrietions (this "Memoraj7c1un1") i5 :,,'c: and ent.° ocl of Scptember 24,
2001) by ancl betwren fZoiliax Assaciates, aWasfiiiw: i,eneral par-ners^,-: 1,3Jld lord"), and
Yoke's Washington roods, lnr., aWashin~ta1i cor~,f~° c~c~rl ("Te~~.-°-.").
1. Definitions. As uscci in this N-icmorandtim; d c.~ following terins <s~ '-I-f'ined as follows
1.1 "The Lease" n:r:ins, cliat certaiii tinri:c: •-t'.c:d l,ease hetwet~ -C-1nd Landlord of
evcn date, as amenc2ed hy a First Amendmenc to l.ca- ,i:o-~-cl N9~irch 15,
1.2 "Conunoti nrta" nicans aU areas nukk- - hCreafter- .i:.~vo,. .•ommon usc or
benefit of Tenant aricl the other occuQ);ints of'she t'io-;•;-; Center i:~~::i►~i ~••'J'iou• limitation, all
parking areas, service areas, d:•iveways, areas c►;' inj=.- •1•1d cgretiti, -tcc•r- ~:.d pcrimeter roads,
SCCeSti Ci15CI1leIlt WaVS, S1dCwall:S :1I1d walkw.iS'S, ;iilt: "':"t'cs i~ur t'"c 1!4!~' cind control of
traffic; draitiage swalCti ,l(1lI otIICC fclclllllCS tC)f lhc; Co;.' ; art Sill"f:ICc w, 1;~' :TI" ;td;FfCClli [O Clle
Shopring Ceiiter; utility 1111es, tixturcs, and equill)mc;,. for the conv<. .~,L: of utiliry scrvice to
and tllrou4hout the Shopping C~nter; Izndscapint., arc•~ (ofher thari l'.iosc ;,capi►tg, areas, if any,
requii•ed to be maintainrcl by trnail(s in tlie Shol),7E»g, •.,i •rpcnmmeil. for the Shopping
Center; ancl all other structures, fiXtures, interior aii,t •~-:-ior areas, anci :.f !:er tacilities now or
'i,~•, i:x~:.,:;~: 1
C,f~:r
:
~
11': 4710189
j ~ ~ ~ ~ page: 2 of 13
04;0417442 12;10P
P41tiE Spokane Go, Y!A
hereaCter designateci as Gotiinlon Area pursu,1nt tu th.' or on :t.~_t pL•~. tlie Shopping Center
(the "Site Ylan") atcxchrci liercco as Fxtiibit H-1 4nu1 apart lic.•::ot '`,:s rct*crericz.
1.3 "Improvernen!s" iller3ils the huiliiinp c' ".S"S(111g Of ,illpro:.:- _#(•!v 54,488 eross
SC1Uc1CC r«l ]'ilillIl f7l'1l)C area, an:l a iliczzanine ar•tia nc, t°xceeci 3,('.: )st-•~1'.•t:t, w bc located as
shown on clie Site f'lan; excluc:ing, hrnvever, chc tra, e(,u,,11mc .~dr6;!IICJtSC IflVelltOry
and other personal property of Tenisnt to be locutetl ,:e f'remiscti.
1.4 "Preiiliscs" nicans ilie Proper:te, -_n,_1 ...,),..c:fl, .,"S.
1.5 "Propert\,." means that portion c~.,f 1,r4 ` w`,,scribe(; 4 n A, :arked in gray
and designaced as "Yokcs rreslt Markct" on t1.e Siie T, e:onsistin.° vfi : •<<~tu:a'.- ly 5 4,488
gross square feet ofi main floor built".ing area i,lezzcI'•, :z I ill the
building}, and all easem°nts, IicensLS, privileges, ri;°' J appur:-;,:inc •,~t~~j :'lerc;to, subjeet
to all easements, rights-of-w<<y, rCStrirtions aiac] rc:sc-,. I,ts o : rrro: E,ro;,,_rty" shall also
include areas contiguaus €o chc hu;':eing, for cailt ;~ic~,•. 1vif',m4, Ir i, ic'~s, t ruck
tunncls, racnps or wclls, trash .*:ic;1i.ies and otl►,.r ~~l,- •>;,•~~s ii:, , 9F.. ~ .~~e
Q~ -"usi~~c use of
Tenant. Thc rem.iirtcler of Trac. 2 ,.':all be Cw9;l!lor: i,.••.-eot' clesignated
as Future Buildings G ancl J, hich Landlord rr-erv.- `~~t~~•C t;~:ti!+ -s.
1.6 "RLr1" nie~liis ilie l7rclaratior, r " I~s~: . • ; ~,:~~~c2 ts, : ' • ~~:~e~~ md Restrictions
applicable to the Shopping Ccnter rtc;orded unL.'•r S_ t•- y`IY!nty ~'r ^imhcr .
4699478, L11e teritis and coixfiu~~ns ut ~vllich "'~~~•:~i~E ~ n~• .°~~~rc;~~ • ~ ?a ~ il-►e ierms and
conditions thereof, are licreby 1:e1c0r~J0;<<teci l~er,-:n t;_ ~y r•OtJ ~ ~<<• d•• :ne.d a part
hereof, exccpt as exprrssfy i,*. this Nlc~~:ora ~ 11.
1.7 "Shopping Cect-r" mtans the wlai". : ilT c:ets"• ~i•~~~,•c~ximately
669,580 gross squire 1*1.,--t of r,-:,l nropa rty con-, ibe •;s l, :ti described on
ExYiibit I3 lirreto and c!c:pictrd (,,-n t11z• ~:te Plan. : lc',,. i"111d ",;over»ents
now or hereafter sitii:itcu chcrecili, and ariy ;,c-,°. ~a icreto,
including, Nvithow. lim:tation, tlmt L:;ltiement erar..J -corded under
Spokanc Lounty Auditors Fi1C N0. 4685752 (t' •
1.8 "huildi~7g" sh~ii: rrYran .~ny en.•l; '1 ~;ir- • ~ , h~iit shall not
include unc;ncloscd nr partialh~ eQlc:ostcl areati ; »:r' I to , : . ~ ~ - liit~itacion,
reasonablr cztves, soffits, awnei,Js, ;aB'Zd Sllll;l.v- --c! i ~.~1 ~•:..c~.
2. Premises I_e.iset'.. Lan~l'tord, `vtiich is th- cur,- -.--if•r n~ Y~~- p•i Ccnicr,
hercbv lcasis to 'frn;mr, anci ; .-rc:by -Illel' w1[}l Lhe
non-cxclusivc: riglit to usc a!1 tt;c G.nln~cm A:•-•a, . ~ ..tc, •i'; . ~ . ;a; ~ ~s of the
Lease, vJhich teritis ancl concl:;:ons :ire incorrtll. s • ~
3. Ternl. Thc iiii4i,~l terni c~t the Let~sc 5!,;~:. ~.;n 1,~ i. ;°~a~rr t~our
options to rxtend the tei•in of tl;is Le.ise for fiour .id~~ i• ~rC~, tLcase; 1'ears
each following tlie i:liti:jl term.
2
~
, . •
~•~I I.~ ~ ~ ~ ~ t`10'189
~
-a~e; 3 of 13
t
~ ~ i~s ~i i '4,Q4;2002 12;1QP
PAIhE l~ -3 ;pokane Co, WA
4. Covenants. Restrictions and Amendments t,'.ke RF.r1. Notw~` ~;v- !im►, anything to the
Contrary set forth in the REA, the h.EA is hcreby .~~-nded to provisions -
during the term of the Lcase:
4.1 The Common Area parkinp ,faciliti.'. ~ )cated SOuch r" on Traet 2,
Tract 5 and that portion of Tract 6 located west w: rtltUre T3tailc;tt,~~ r-,ist'.C improved
substantially in accordance xvith the Site Plan.
4.2 Tenant shzlll Iiave the right (c0 to r" ~'wo lokv n_ d=on;] signs bearing
Tenant's trade name at the p!aces indicatz-.' ltTl t11'" Sitc a!- 10ation to
display graphics panels on t!ze not-th and south sid". 'he lnlprnvei, a;-anner similar to
the signage on the not-th sidc of the existing build:• w1h,ich arc ; cl s l-'F;lclings "A", "B"
and "C" on the attciched Site Pdzn; and (c) to iitflzi: ' ~W,,rer tw -t:•' p. an s:2n on
Argonne koad, at the location indicated on the Sitt° f' ~n for disj-'.ay-` •.•.d c :►a me and/or a
reader board, ancl I,andlord may utilize the recnair"°,!- o»>e-third of F. •r, a•yvertise other
tcnants of the Sliopping Center.
4.3 1n order to ac,.-omrnodate Tennnt's ;.''~,arated pao-.;;X,, •~v:; kv ireservation
needs, (a) Landlord shall noi construct any buildin,- •:;?ria TraCt 5, w ;tnQ7 portion ofTract
5, and the Buildinl-, Area (as cDef;ned in the PEA) 5 sh,,)r' C,--iimon Area; (b)
the Building Areas on 1'rlcts 3 and fi shall - or,}, °~'+•~.~er~ ~4 - Ici no huilding
or structttre appurtenant the:-to shall exceeJ the a'•~ ''E•at~~~ w- 6- •vA z br located
outside of the F3uildinr, I,in,'t Lines inclicat~~d for - ~-ri 16 0 ; . : -'c) am1 building
located on Tract 3 sha'Ll not exceed eightee 3(18) t~ ~i:~?~t ~ fc,r
signature store front which F:;av exceed suc'.: 1,2i,.' ~.~asnr•~ - ~ ~ • . cl,• ' ~clu; e more
than one story abovc grade; (d) ar.y huildin( T !.}c..,, c:Tra ,t 6 i; .e<,~• Ahi;-tv (30) feet
in height above grade or inr;ude i:lore than t'.vo s:F - • '~ove g:. ° • ~ ~ ' , . Q, •~i~n~~~ for
occupancy, provided any bii;!ding on Tract 6 may a base-~t-r .•~•f,~: ;or stor;tde (as
distinguished from occuparcy) which is partiilly ra' ~ra,-Ic; ~ilding on Tract
4 may be cxpandcd oc- replaced; provided tY:., :r~_a c,n "I~~~~~' "_-xce-ci five
thousand (5;000) square (eet in size nor shEi" •=ny . ~ c~~ ~~A^-~.,• ° • . . 4.~~ nt ttiereto be
located uutside uCthe I3wltii,~a Limi[ Line• • 'i-a' ' fl ~'r'c* or CNceed
~
twE:21ty (20) feZ: lfl heBght ;1t-`,l' ~?"'~ide, p1w, ~1 atI`w ...,,C"a. for ' . ' . « CxC:'cdQCIg 30
feet by aU fcct (a tota; of9G fect), t}°,- tn')
,
(25) fzcc in tieiu6;14 zi'.)ove the loca-. -,i an ~ _ . , • ~ , l II be as
reflected on thc Sitc F.an, p: vided :hat an . ,-ry ~ a •d '"ar co the
etisting tntry for Building }3, and no buddir.! ()cR ' __!1~ 'y c: • • : ' ; "-ca!cd on the
Site Plan nor shapl alzy builci:nvj be locatcd ~ . `si,!-, ' ~ ':t', ' ' 9~• c: t 1 for Tract
. • , ~ ~
2 on th, ~ Site Plan, prc~~,idcd 'FLItlilt Blc~~;. ~!:c nrthtrly
side thertaF with t3ie ~~riar \~.-itte.~ coilsznt ~~~";',rp~-.: ~~r~~~-;c°.~ . . , •a=• ~h1c C1.4
~•es,
soffits, awnings, and similar ,lrchiicctural f -~r~~~ ~ -a-A °iy t,; lorated
outside of the F3uildint► I_in:;,, I.i.!es on Tra;-- 3 a 'lli "Future
Bldg. .1" shal( nut incluclc m.►re :';an one st:e; el~~r ~ + : • . : .~'cl:s~`~s shall be
used solcly fOr COnduct of rs :hUS111CSsCti.
Z
n}`l10189
• ~ ~ '"ce: 4 of 13
! ~"04125)2 12;10P
PAINE :-okve Co, WA
4.4 Landlord shall not enter into any le1se permitting tlee o; •;~.!:~n %-,•ithin the
Shopping Center of any busincss operation engage,,] pr;m»rily ir (;i) o., Iroceries, ~
includin~ fresh meat or produce; (b) operating a pharmzcy/drug stor,~; L(c) the oneration of a
delicatessen, hakerv or espresso shop. In addition, 1.af1dloCd Sha!l Iloi .-r in.u any lease
permitting or allow the oper;ttion %vithin the Shopping (.enter of ar..-- Club or adult
book store, tavern or sports bar, bowling allcy, movie r;eater or ~a•;':ty, zir more than one
bank, credit union or comparabie financial itistituticin in ciciditio:i to ,:,w ~ redit itnion as
may be located within the Premises. Notv4•;~!.stand; i ► t'- ~ forfj(%' mav erltec into
- a leasc a(lowing the operatioii of a bakery t --•<pre: car4 ~ rd may le3se a
portion of the Shopping Center for the ope'. 'c.n o: .i~~~~ri; ~ • . ~ ' ,~~~~11 3,200
square feet provided the sto.e does not have a peris';,:b x~ :oods -:nu? z} Landlord
may enter into any lease perm;tting or allowing the ~~pernrr;on ordi rn ':'rzct i or 3. If
Tract 4 is used f'or opcratio« of a restaurant. slie ma*:i c, !:•y ther-t~', ewes.crly side
of the building. Tract 2 anc. Tract 6 shall not be usel f -r operat:(-i Pr': <.-,!nr, wich the
exception of a caie that may be operated by "r,.-nant v:°': 'w the P-.,?;.;~~, .
4.5 Teriarlt shail keep all of the p,,,rt:ing u~•6~ ~ -i Tra:., ~ -.hlv '.'-ee from
icc; SIlOw and dcbris, and catise the parkin! %r+°zs th ~ ~o bc ' , ~ _ . • 'ped'. as nlay be
reasonabl), ncccssary. So Io;1g as Tenant pR,~ nls i, ' , ,-R°c)~~ ';C ,-:W!v ing
areas on Tracts 2 arld 5. TeiiLtnt's Pro Rata . -e of E- costs
. ~
associatcd with keeping the other parkino ~ in t' .'~c, s•inw and
debris or causinQ such other p,irking ac•etis A};t! Sh i; ' C n:j. r : ~ : • , ~
4.6 Landlord sh.j!: not install ai~~~ ~:-_ed F~~:►~ ~~,~''.',~•Y r, ''},ncxs '('wnant's
prior consent, which Cof1St1°t shal1 r2ot re F>ona v 0' 4.7 tiVithout'I'eil,trit's prior cons--i, whic:. G•
withheld, none of the tollowio~, sh:~ll occur: any ; 1 C}~• ' >n
configuration, pursuant to Scction 3.$ oftl: . :A; { . . , ~i~•a~~~T°. . • ~•~-~•:,~-,nn Area
or Common Area p1ans, purs:iant to Sectica-, '.'1..5 o~: ; a.~
modificatiotl or termination of the REA, pi, rt tc
4.8 Tenant shall ;~e namc:d as ar~ : g'tioti ; ~ ~ : ' ° ~ ' ~;~~;~r:~j~re
described in Secti(irz 8.2.1 of,he RFA.
4.9 Lai1c".Iord sheL~" «ot cansent t of C' - • t` : , : , ' r 5 for
seasonal sales oC rnrrchznd: (pi:rsulnt to . . -iin ~ . ' ~ -s• ~ . . " , v Orcu-ant
other than Tenaw. NVO. : '"..r: • ° , . ' • ~ . ~ ~ ?
~ out :3ni's prior ci • °rit, x~-' ~S: ~•^~:~r~:: )Iy
withheld ur dela~~~; ;t'the pr.,1-losed seas, ,n: 1e ac:~ ~~u° . ~riR-'%,re with
access to or sales froin the Tenant's Prer~i:~ ~ • • nar'- ~`e- "r.i •te ? or 5.
5. Purnose of M:[110t'nt1dUt11. Mer 1111 wily for
the purpose of pruviding c;ut;-lc of the Leas—, -J in ° ,i ni - co::+'::ions of
the Lease. tf the terms and c.:nditions of th'; i cc-
conditions of the I,e-ise or W.A, the terv .c: . ns v; . .~tro{.
4
, 1''0~ ► ' " I~~' ' 4110189
_?f: 5 of 13
d ' ":4(20Q22 12.10P
~nane Co, WA
EXECUTED as of the date first set -h ab
LANDL,ORI?:
Roma.x Associates, - - -'s V' ; -igt . . :c.
a Washington general partm-: ship j 417I" co '
B y ~~~i•~` • ~/.2~ . ~ ~ - _
~ E~~~ ~ _ p_• ~
Max 8palding, I artner
sy~~~
Robert Kosier, Partner
S
• ~ l~,,: , - 111'r I 1 89
F--~' o of 13
"14~. ;C2 12,10P
~ Co, WA
STATE OF WASHNGT0N )
) ss. .
County of Spokane )
i certifv tfiat I know or have satisfac~9-~ry evid,•!-ce that ti Sp• who
- appeared before me, and said person acknw. '•tklged .
he siga: :hi~ o7. o;~th stated
that he xvas authorizcd to exCciitc the instn: pt anc' -•'•a,ow1(-' ,1 it - --r (0: RpMAX
ASSOC[ATES, a Washingtocl general part . A ~ 'ie t:-, (I.':,uch party
for the uscs and purposes meritioned in the ~ ii-
Uated
`~~~1111~1lf~j~~
xx~p.P
~ ~ ~j ~ . I ~
~
~ E~~'•oF ~~'~ov i liINN
NC)TA~y 'P -
• ; ,~~„t4n,
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p
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F
l/IlEi01~~~~
sTnTE Ur• WASI-iINc'roN ~
~ SS.
COtlili}' Of SpOkITne ~
I ccrtify tt;ac I know or have satisfac- ~ Pvi(I that V •be,' z' ' ~~r~_~~►► Who
appcared be(orc: me, and said person acknim Dd si,."= It t sCated
that hc .vas author iz~dd to executc the instru- ~ • :z: ~kv".-. 'ad :(;1M AX
ASSOCI:'~TES, a Washingtcan general partt t, -_e 1L.. ir party
for the uscs and pu:-,00Ses rnecitioncd in t}ie i °rle .
Dated 1\4(l.rGh ~P, !)-60
. q-
"
p•~~~.,~~, ry °ton,
~ Q,~.,
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• N d' : - . : ~)n 'r-~ • - ~ _
_ y
: : ~ • _ _
= cn ~ PU911C : ,Z -
FQF
6
VIIA 11',111t1189
of 13
^2 12:10P
~ . ~ ~ ; ~~e vfl, WA
STATE OF WASHNGTO;i
) ss. .
County of Spokane )
1 certify chat I know or hlve satisfar-..--%, evi, -e that is the
person xvho appeared before me, and said ac° :--ledgec? LLf;.,t
instrument, on oath stated tfIt he/s11e was rr -,grize.. exec«tc: in:- ~:;'a
ackno~~Jledged it as ille ~ c.Q,~~~ ~-f YOK'~'LQ W. ' yODS
. - ~ ~ ,
INC., a Washiiigton corporzitipn, to be the •=I ry - ~ ° ~ :-L~•, and
purposes mcntioneci in the insirument.
Uated 1R4r_&-rr
r
F-- • -v
~~~~~,4~f : ~i'~~.~ r "e•~~'~r u. 1~ . r , ~ , yi.glon9
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a~, .~a -z • ~ . A~,~~1~=r% .
,~s ~t •3 ~ ,
~ ~ ~a i r~^ i( -~T1 . - .,N1 E, ~ ;
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~ • _ ss
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7
4710189
P~ e: 8 of 13
..r~~~ ~ ~.•oi~~ .a.. ~ n 04 ~0412042 12:10P
PAILNE LE .CO SFokanE Go, WA
EXHII3IT A '
Tract 2 L,egal Description
TR.ACT 2:
Tracts 1 I and 12 of WARR.E:N'S FIVE ACRE TRAC S ac:cord'cng to .c -lar ti?:cr`of recorded
in Volume "C" of Plats, Page 53 in the Cour,ty o f Spok-w, StW; ;4cEXCEPT the West 15 feet thereof conveyeu ro ~iokar , "our,. : "",r -ir_streunent
recarded under Recording No. 506268B.
AND EXCEPT the South 169.96 feet of sai.1 Tr?ct 11
AND FXCEI'T that portion of said tracts d,.-: crih; d as f)11ows:
Beginning at the Northeast corner of said r-act 12; thence S7-~'MT38''° '~i'-no :,orth line of
said lract 12 tY distance of, 1 13.84 feet; t'. -ice S00°O' I3'°". 'ist; •-f .71.1'5 feet to its
intersection with the north line of the soti":: 1'9.96 fe nf 9°59'3 1"E
along said line, a dislance of 103.03 feet tt) ttic ,-;~st l: . of sF. ; : ; ; . • : ;0039'00"E
along the easi Iine of said Tracts 11 and 12, ~1 dc:- a;ICe c,~ :-'•„~Inning.
~
4710189
Fage: 9 of 13
j J' ~i 4J4 A. 4 i. Q4.r0412002 12:10P
PAINf l: : .00 Spokane Co, Wl
EYHIM IT B
Shopping Cc°iter Legal Descrip!:on .
TRACT l:
Tracts 8, 9 and 10 c~fWqRREN'S FIVE AC'RE TR.AC"I'S r-) •'he; -of recorded
in Volume "C" of'i'lats, Page 58 in the Cou'Itv 01' SPo'- 0
EXCEPT the F.ast 210.00 fcet of said tracts.
AND EXCEPT the Sotith 169.96 feet of sa' p T--- :t 10.
TOGETf ICR WlTIi that portian of Tracts I 1and 12 of 4;iid p(at dc:scrit, -s `"lows:
Beginning at thc Northeast corner of said Trict 12; thence 574"k'O'38"V, ;o- T:he i-orth line of
said Tract 12 a distance of, 113.84 feet; then.ee SO0°07' 1YI:, a(,~ist;inc: 5f -t to its
intersection with the north line of the south ' 69.96 feet c*' s.Aed `i'-,~ct% i i: °-'g~J_59'31"E
along saici line, a c±i;tnnce of 1031.03 feet tn ;°,e <-l.,t linra dC 39'00"E
aiong the east line of said Tracts 1 l and 12, a a`: `acce o' -ginning.
TRAC^r 2:
Tracts 11 and 12 of 1VARREN'S F[VE AC='.F_ ;"',ACT`' ~i-~corE''nc, to t':: T~• ' -renf recorded
in Voluine :`C': of Plats, Page 58 in the Co;...:`° of'Spok~,- ~ta;e o' V-~':a
EXC:EPT the Wrst 15 feet thercof coriveye "~o.'~°c?4:ane o"'o.intv ,~~Or .,\r? _'d 'y instrument
recorded under P,k corJing Na. 50626813.
ANU LXCEPT t~~~ South 169.96 fcct of s-r=:- +•-•r 11
AND EXCEPT that portion oi' said tracts as f ~\vs:
Beginnirzg at thc Northeast corner of said Tr ict 12; then~-• -:e 1-~rth line of
said Tract I2 a distanCe of, 113.84 fcet; the• '`°07' ;a -c- "-5 fl-t to its
intcrsectioc) with the rlorth li»e of the sow"i feet• . ' : : • • "r(, . 91 "E
along said line, a c:is.aizee of 103.03 feet to line J'b..:0,. 0('°39'00"E
along the east ]inc o~~ sc~ici Trar€s 1 1 and 1'. -°.~e c~~, .4~-.,~ t }.3 ' - ~,f° -qi
nc~ing.
V91 ' 11 4'110'I B9
10of13
Z"'~"2 12:14P
TR.AC"f 3: c^1 Ae wA
A parcel of land Ioc:,ted in the Northwest u,ir-;--r of 5.- :•,n 8, ?.ange 44
East of the Willamccte Mericlian, in the Cm:: *:,r (,f Spo` l~ art a
portion of'Cract I I ~~F ~~~ARP~EN'S FCVE. _ -''~1,''. ~ . °;:s, ~ P
of ; ecorded
in VoliIme '~C,~ of Plsts, Page 58 in thc Sp ~'taunc: t.tic arl
~ p~ ~ ul y
describecl as fo11o%vs:
Commencing at ttie Southeast corner of sc:' ~•~~t•t 1 l: t4 =~~~e ;a'.' ~~~QT ~"-e East line
of said Tr1ct, a distancc of 33.50 feet to ti .:.~tly < ~ • ~c- v per Right
of Way Deed recordt~d under Auditor's Nt - • , ~ ~ he, "y
margin the following three (3) courses; (l ;`.8 ' i" . 4:~ • °•4.` ' f~~~_•~, (2)
thence 5.38°49'09"1V.; a distance of 25.66 ther t.~~,-: t..,ic~: of -'07.96
feet to the 1'RUE POINT OF HFGNNiNC. cot,F ' 1'.1L : ~ .-°t; " •:y~ j ~aroin the
following threc (3) c(itirses; (t) N.89°59''' ;:st; ° if 1 ' t t . •e ~
N.87°08'04 "W.. a e;st.incc o; : 54.43 f-., e~'; f, ' 3~' 69 .'cet to
an aclg le point in ~:~e bs~undary oFsaid r~~e, e r '-)iT i c'. ~t~ ~e of
135.85 feet; therce N.43°24'08"W., a dist: 1.91 :a c ~ ~ , o Arvonne
Road according to iii,trument recorded uiic'. -:`.-;-'itors p3' 24"E.
along said C-astei-lti, ir:argin, a clistaiice of 1 to ' ~ `o~~ ~ ~ 1 - ).9,,( ) feet of
said T'ract; tlience 5.89°59'31 17. along se' f"st•~
J 4
S.00°00,00"W.. a (:i~-,dInce of 15,6.46 fcet
T R.f1 C 1' 4:
A parcel oflancl D~~ in the Northwles: ("5, 3.. F•xn«A 44
~
East ol'tllc Willaltyct:,- Meridian, in t~~e 0- #o~ : t• --n it= nart
~
portions ot"l'racis IrJ and 1 t ar WAI'~I%U:"•.., C se la° ;Zereof
recorded in Volia.~;le "C:" of !'„a!s, Page 58 °iore
particu[arly descr:')e.y as follows:
Commencing at t3-c, ~'w.itheast corner of s;.' • ; ; t : ' ~ 41r. E,-d,•t line
of said 'rract, a ciL;i.,rze of 33.50 ftct to tt-, ~j "u per Right
of Way nee(i rccr.,:f,, i iulder ALtdilur's No. : 5ai, '11
thence 5.89°59'3l along saA NorthcrP%, z a di: o j~ ,
I~T.00"OU'00"E., a c".i~t:.~rce of 136.46 feet tc~ li_ _ . . • • . ' . .
a~d Tracts
10 and 1 1; ttirnce N.s~0°19'31"W. alor,T 4; , • ' °,W. , . - - ~te '::c
_ i-
S.00°00'UD"~V., a of 156.46 f~e~ : , ' . -~c~ - ~
ni ~
thence Easleriy alon,; s.uc1 Nor:,ierl}, i,,;.:°2: V' ` 1-
5.89°59'31 "E., a -.,:s tM r1;:e of 2 (,,.9E fe,ac: f~' . " ' . ~ ~ 6 fel"; (3)
thence S.89°5931 "i:., a distar~ce ot'24.7? C, ~ r r ~ .
TRACT 5:
. . •
4'' 1 tJ 189
t1of13
~41272 i?;tOP
ane .'o. WA
A parcel of land located in the Northwest in!rter of So n F. ~ 2ange 44
East or the Willarrietee Ivieridian, in the C:~. t y of .1,7 po`:~ ;.e, c±: i' 'ng in part a•
portion of Tract 10 0! ~~'r~fZ~ZE\T'S FIVF ~'~r~~; 'y ~ • ' ~ .-r~~of recorded
t ~
in Volume "C" of }'lats, Page 58 in the S1,- ~ :a^~ ~:c~unty .1u~~i~i, ' .-nr~, partieularly
described as follows:
Commencing at the Southwest corner of s cc 10: -r,~~e t'ie "Alest line
of said 'Cract, a distailce of 33.50 feet to 0 ' ~ : ~ ' , - :e p-r Right
of Way Deed recorded under Auditor's iti` ' - i N!(,rtherly
margin, a distance of 11.23 fcet to the "CR 'OC 10"E., a
distance of I36.46 feet io the North line e' :`o;:''-i
S.89°59'3!"E. along. said North line, adi~. a 0 istance
of 169.96 feet to said Itirurtherl`, marg;r, ol. qg -aid
. .
Northcrly margin the follow;clg six (6) c(°:, `:i - o:' 1.56
feet; (2) therice NOO"00,29"E., a dista»ie ~ • ~ ~*-tr; , t '1: -ce of
105.73 fzet; (4) tlzt••:ce '.v.89''59'31 "W., a . .p e i r . : a
distajice of 27.65 (6) tho-nce N.89°53'-, ~h'ti• a dis~, --e s t` -L: ~ Po:rlt of
Beginninti.
TRAC'T 6:
A parcel of land locateci in the I!'or[h%vc°t ,r r. ' • h . ' ~ ' - ~TC . anne 44
East of the Willametre Mcridian; in tf~~~ -°o~ ~a ~ i part a
portion of T'ract 10 o: WAR::j;N'S FIV' 3t )FR •corded
in Volume "C" of Pag,~- 58 in th? ;'rA ° . ~ - ; e • pe• 'cularly
;
described as follo%vv:
Commcr:cing at the Sc~~jth~vt.~t corner c~f s:=' •ic~ al • F" e ~est line
of saicl trnct, a dist.inc. Of 3a.5O fc'et ►O t1v ,1-4..0 A, pe; lZight
of'1~'ay f~eeci rtcor."e~i under Auclilor's '.Tc~. _ ; ~ • : ' ~ lor • : ~1~~rtherly
mar.gin, a distancc of 11.23 feet; ihencc'.`~'.' fee N+~rth line
of the South 169.96 ;eet of sai(i tract: tl:t-n lin .'sta, ce of
. ~
260.00 feet to the TRUE PQIN'l'OE~ IWC' ' ' . :i~: ' diw - oi' ' 69.96
fect to the \Tortherl), m:ugin of tol tN r-therly
margin; a distance o('?418.31 to th-- ' I," ac0 de
N.00039'00"E. alont.T s:,Jd V4'::,: pine, a cl°. . . . c a lo ..z1 100
fcet u( 5.11d lfaCl; N.9;`"20100"vv". , , ,.r . . • . . . 00 't a the
West line of the C:;::t 210 fee; vf said tra,~°; . •r~ ' . NVe ~ a
distance of 30.00 to said North line of-
N.89°59'31 "W. a1,, °u b.aicl N(_,i.h l:ne, a,::. )in' . •c~ic -iing.
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"4710'189
Pay;. 12 of 13
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~oe.o~' $ r+onTM ur+e a~ EASENENT DESCRIP110N a ~x~cr 9 j
q~~p •t• q~ ~p~ S 0~'00' x • ~ Those~ portlona of WARRENS RVE ACRE TRACl~, o~ filed M otu~. cata ea~RD Book C, poge 58 of PiatA Spokone Caunty, Washingtort, more
8~ ~aoo' po r t l c u la Ay d e s c r De d as f o l lora; N 6o3'f1T K ~ ~G ttdt4 fie We~t f0.00 feef o/ the Ecst ?0.00 feet of the South
P ~ . . ~D ~ d ; 180.00 (eet of 7rpct fa AND the North 10.00 feet of tAe L SovlA ?00.00 feet of the We~t 210.00 feef of the faat 220.00
~ •9 g feet of Troct ~a M!D fh~ W~st 10.00 leet of the Foet 2?D.00 ~~m e~~~ ~i leet of Troct 10 EXCEPT tAe South ?00.00 feek• AND the We~t
~ , . Fr N ap~pp~~l' w N ei37~7' N $ 10,00 feet o( the Eaat 2?0.00 feet of rroet 9; AND !he Soufh t0.oo' y~~' w ~ lQ00 het of fhe Wa~t 419.98 faet of Tmet Q AND a orflon p
~ ip~, ~ ol rroct 12 lyfng 5.00 feet on eccA efee of the fo11oNing ~ dema~ed centerffie;
~19 8agfirting at t~e south~eat eomer of Troet Q thence N ~ 00:T8'00' ~ afong ~e Meaterir line of aafd Trect $
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cente~line ecaemant d tton. . ~ N 0009'E1' N NATER df£1fN ~
0.Ed' N E9'ST1~1' M ~ SET PK NAII C~IS J~7ER Q1~
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W ~ o UNDER YY DfREC110N M COMFqIMMIf~ 'M1N iHE REGUIRaIkNTS ~ = Of iME SURVE'f REQOROfNO ACT AT i}IE g - - - - - - - - - us rESr/s~cx~t
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g NOS TO SG11E FAf~ OF b z 1~HUT qJpg ~ I A I
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# ~ ae~ w, ~ I uut emc I S AODO'DO' E p I -i- I W_mCE OF ASPfIlLLT 20Q00'
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ai ~ t0.00 p~TH ABC CA~ , ~ONTCD~f~RY AV~s US 1PEST EASEMENT SURVEY
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, , . / ~ AUDITOR'S CFRiiFICAIE '
FdR QE~D 1HIS ~~`AY OF 1 AT u IN OF ~T P '
~ GUARDRAIL A ME REWEST OF
POST ~T~~°~~ AUd10R
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. e~~"`.~::: ERN , su~vEr ~at►~v n~n+ rorco~ c~-a u~o ~,11~':::. l' R~ F~ J/4 LP. MAC 3J2-13~090.
. T~N GUAAD IYO RAIL ~ ~ ~~NG . PURPOSE OF SURVEY TO ESTABUSN EASflIQrT
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10 ~ '~C 110 1D7 = ~
DRYWQ.L ~ ~ ( IIi liR )
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~ ~
~ S' DEQDUOUS
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~
EASEMENT DESCRIPTION ~
THE NORTH 59.20 FEET OF THE SOUTH 80.20 FEET OF THE EAST 10.00 FEET OF THE WEST 180.00 FEET ~
M~ OF TRACT 11, WARRREN'S fIVE ACkE TRACTS, AS 'BQITWH 1J315' FECORDED IN BOOK "C", PAGE 58 OF PLATS, SPOKANE
~ COUNTY, WASHINOTON. I SET ON ~ CURB
~ ~ ~ ,
NEIY t~CHT OF ~ CONC. m^,~ WAY UNE CONG ~ ~ ~ ~VE1'at'E f~]ClRG11E
CURB ! 8 ~ • iv 1}9S MM CORRECiIY RFPAESENIS A SURVEY MADE 8Y IIE OR
~ UNDFR MY dRfC110N IN CONi0R11ANCE MATM 1HE REGUIRELIEIJTS WATtR NEIfR ~ Z tl'~ Of 1HE SUR~EY RfCORDING ACT AT 1HE REQUESi OF x ~.o~ us wFSr
xroe ~ . ,
~ ~ , ; , ~ p~ ~ ? cuee . . . .f..
as . ~ - ~ , , - - ` F. n~~n, a.~s pa~~s ~ • °-'S
\ Gr~~' , r .....'.1~:'..'.WA►X.'.....,... . +''.:`l; , . OlD RICFIT OF WAT UNE . ' ' .
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$ ~ , m ~ I2-3-92 ~ AMENOED LEGAL DESCRIPTION I JM n I 40' ~0' I~IQ I DAiE I DESCRfPTION ~ BY
S H959'SS' E w 10.00' . I
S JuQS F. 8~ • lasocu~ne 4e I mw~ r~o~r; w~ .~n..~m
o (S0o) J2~r/b2Y w Ey W.63 YIS90N A4E. ~ SUIIE 1 b~ EPGKMIE. MA Qo201
g' ~'Z ~ p~ N N ° ° SEC110N: TOWNSFpP: RANCE i
n a ~ ~/a ~ ~ ~ ~ g aRe . 8 25 44 z W SW I SE
l NEW PoCHT OF WhY LfNE • - - - - - - - - - - - - - - ~D'+'ON fD REBAR
e~ac o~ wwc w~n~i~ec c~ ~v a/4• ~v. a~vz~ lJS NfST 10.00' Fi S 8930'S5' E OLD RIGHT OF WAY UNf pPA~ AfA: ~TIuI ..._..._..._..._..r'
~ n 4SQ04' (KEAS) 419.9E' (WEAS) 109.00' (1lEAS) pPAMI BN ~F N I QE1714D B?` ~ R
MONTGObl1~RY N~~'~• w AVB ar~ 10-16-91 ~ earr ~r 89/?1
- - - - - - - s~tT 1 pr f ,~aa,va: 91- 80 ~T sutuflr
usw~sT~sE~rrrsvRVEY
~ac~ oa~r, x~~ota+ !
S/ . . S~ ;
~
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~
GRAPHIC SCAI~E Fl FOR ~p TF{I5 ~ DAY OF FO 3/~' LP. 1o T~s11, IN OF AT P ~ ~ 0° 10D m0 AT E NEQUEST OF
~ w.
pA~ R Nrr ~uoiroe ( ~ ~r ) Rpll,~ ~It~ aD . s~ RN W ~
t ~n n R~.{E , N N~ 8 : N~1~
~ UR~~ ~ ct e " ~ 8 ~ tr~ 8
o SURVEY PfRFORIIED M1H TOPCON CTT-3 TOTAL ~ p = STATION, MID CONPUES WI1H RC1M S&09 AND
FD 3/t' 4P, WAC 3JZ-130-000. / ~~i SET ~ RfBAR 1(KD. RE9AR SE71S 4.E' ~p, / ~ 'BFIIMIN 13315• E~ W. PURPOSE OF SURVEY TO ESTABUSH PROPERIY
N 893D'SS' w ASPHALL BOUNDARY AND SET CORNERA a~.or ~ ~ ~ ~ o
~ •'y, ~o.oo' f S eD3B'S3' E ~;SET PK NAIL
3 OO~G'OOr M 409.OJ' 10S.OS' $ NOR1H UNE OF
. o o ~T aes~nor~ CHtSElID IN 16' ~ S 07Ji'00' M ~
p~ B Those Qortlons ot WARREN'S FlYE ACRE TRACTS, aa filed In ~ Baok "C , page 58 ot Plata, Spokane County, Washington, more 10•00' particularly deacribed ae followa:
N ~47'3r 11 CONG 11~.Q/'
The Wnat 10.00 (eet of the Eaat 220.00 feet of Tracte 9 and P m a s 10 of eotd WARREN~S FlVE ACRE iRACTS; TOCEIHER WI1H the
] South 10.00 teet of thn Weat 419.93 feet of Tract 8 of sald . g eubdivlslon; TOGEIHER W1TH a ortion of Tract 12 of eatd
~ ~ .jFi•~' subdivlefon I n 5.00 feet on each elde of the followin N 00'Oi'Of' N ,N !~'~7'1,1' M 8 ~ 9 9 t0.od ~ ~R~' y described centerllna
~ Beglnnin ct the Southweat comer of Tract 8; thence N ~ ~ to. ~ 00'39'00~ clon the weeteri Ilne oi eald Trcct 8 oc ~ g , , y
10.00 feet; thence N 89'59 55 W, parallel with the south TpA~1 ~ Ilne oi sald Tract, 5.00 feet to the True Palnt of Begin-
77~ • LBGh'ND ning; thence S 00'39'00' W, 108.05 feet; thance N 89'S7'33' W, t23.90 feet to the Polnt oi Terminue fot safd PONDP PGrE `0~
Gt 14 • centarllne easemetit deactiptlon, fR~' GYIY IMi9~' ~
NA1Dl S~fUT GI~F ~ ~ - - - - • W.I ]ER tlE7fR ~
N 000~~1 M N l037$S" r ~ SkT PK NAIL CAS I~EIER ~
•iii 8 N OOOi'b1' N ~TS S~WITARY NM~IOCE~ ,
~A ~ ~ 0. CRE P~ ~anuous ~ ~ ~,b//'1 °9'1'~'.M// , yE A s, o~
S Fl. P~~ e~ ~N r. yYARR e~
~ g ucr ~ sca~ ~ ~ ~ ~ ~J rp W
~ 8 W
~:':~8 a~v~roir~a
- z ~ 1H~ NAP CORRECiLY REPRES0115 A SURVF! MADE BY WE OR W unc~ uv oa~cna, w ca+FOar~u~c~ x~n+ n~ r~ou~o~+rs
~ z GF 1tiE SURYE'f REOOADlNC ACT AT 1t1E REQVE5T OF $ US YIEST/SACKEn '
IN DECd4BER, 1o9t ~ g • ~ , .
z ~ ' • ts ,
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o~' ~ ~ 3 c,}1R ~a1 ~ I (SOp) 323-~.i29
, a►5~ ~,Q„{~ ~ N.35 1~9Q! A4E ~ SUIIE IS ~~q(ANE, MA CY201 a~ S ~ - - - SECi10N: TOWN$HIP: RIWGE: /
, ~ NE
y 8 25 44 ~r ~ ~
~ ar~m us ~sr/s~a~rr a~~ ~a: w~srav~ "
- na~ - ~aoo~ a~~ er. ~~fFF Al I ct~nrcn er. ~PAI ~ ~ ~
~ ~1~ 12-1?-91 ~1D BOAK ~e 1 fJ/1 ~ ~
~ FD +~.98' ~n.ea' uEas ~t 1 p~ f ~a9 Na: 91-BOA n r-~ ~
ai N d839'61' W ~ k~~ FD J/4' I,P. ~T y~~y _ ~lON~COM~RY AV1~ ~
_ _ _ US 11EST EAS~M~NT SURVEY - - - - aPOiw~ caAmr, rr~aora+
~
5