PE-1414D RIVERWALK
~
. /
ENGINEER' S REVIEW SHEET
AS BU1LT PLANS RECENED
PLAT FILE # PE-1414D _81
Related File # ( )
AARD #f ( )
Date to Review N
Date to AA & DR Time
Date Received 01/23/1996
Project Name RIVERWALK STH ADD No. L,ots No. Acres
Range - Township - Section
55085.9029
SITE ADDRESS E BARKER/N MISSION PARCEL
Applicant's Name DEAN-HOUSLEY Phone #
Address Phone 2#
FLOOD ZONE Yes W S School 356 Date Conditions Mailed
Billing Name MARK HANCOCK Owner Engineer
Address DEAN HOUSLEY CO Address Company INLAND PACIFIC ENGIIVEERI
16720 NE 116TH Address 707 W 7TH AVE STE 200
REDMOND WA 98052 SPOKANE WA 99204
Signed ED DEAN Phone
Phone 206)869-6618 Phone/FAX 458-6840 FAX 458-6844
Date
Building Contact Person: Phone # 456-3671
Date Submitted I Description I Initials I
01/24/1996 DATE FEES RECEIVED
DATE PRIORITY FEES RECEIVED COPY TO ACCOUNTING
FINAL PLAT FEES COMPLETED & COPY TO ACCOUNTIN I
NOTICE TO PUBLIC # 1 3 4 6 COMPLETED - OR NEEDS TO BE SIGNED
DESIGN DEVIATION SUBMITTED/DATE COMPLETED - MAILED
ALTERATION TO PLAT - BLOCKS & LOTS
BOND QUANTITIES FOR DRAINAGE ITEM CALCULATED
DATE BOND RECEIVED - BOND AMOUNT RECEIVED
DATE BOND RELEASED - DATE AS BUILT RD PLANS
HEARING EXAM APPROVED )ENIED 'PEALED BCC
APPEALED PRO]ECT APPROVED ENIED
STAMPED MYLARS TO PERMIT TECHNICIAN (SYL/SUZANNE) I I
STAMPED 208 LOT PLANS TO ADMINISTRATIVE ASSISTANT (SANDI) I I
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Jurie 14, 1995, Extension of Time File No. PE-1414-81 / Page 2
and a Revised Preliminary Plat / PUD PUDE-1-82 / ZE-92-81
7. continued
Extension Application was accepted July 1986, processed, public notice given and the
project was granted approval approximately October 1986. Therefore, this deadline was
administratively (see Finding No. 8., 10. and 11. below) extended which followed with
four additional administrative time extensions (see Finding No. 12. below). As a condition
of the last Time Extension approved on August 5, 1993, a one (1) yeaz deadline was
imposed on this north Final PUD Site Development Plan approval with an expiration date
of September 1, 1994.
On March 24, 1994, before the above expiration date for the north Final PUD, the sponsor
submitted an overall (Nt/2 and Sl/2) Final PUD Site Development Plan for administrative
review and approval along with this time extension application. Since that submittal the
sponsor has proposed and received administrative approval to submit a revised overall
"preliminary PUD," which improves the lot design, open space and road design. May 19, 1995, (over one year later) the revised "preliminary PUD" was submitted and will be made
pazt of this time extension decision to create a clear record of the "revised preliminary plat"
and the "revised preliminary PUD."
8. On October 22, 1985, with Resolution Number 85-0900 the Board of County
Commissioners adopted the new Spokane County Zoning Code to be effective January 1,
1986. The new Chapter 14.704, Planned Unit Development (PUD) Overlay Zone,
established an administrative process to approve Final PUD site plans. The previous
Zoning Ordinance had required public hearings before the Hearing Examiner Cominittee to
approve Final PUD site plans.
9. The project azea was zoned Agricultural (A) at the time of the Apri12, 1982, preliminary
approvals. The existing zoning of the property described in the application is presently
zoned Urban Residential-3.5 (UR.-3.5), previously established as Agricultural (A) zoning
in 1957 (ZE-286-57) and redesignated to UR-3.5 on January 1, 1991, consistent with the
PROGRAM TO IMPLEMENT THE SPOKANE COLJNTY ZONING CODE. Note, as each phase
of the preliminary plat is finalized and recorded with the County Auditor the existing UR-
3.5 zoning will be reclassified to comply with the original zone change approval on Apri12,
1982, pursuant the PROGRAM TO IMPLEMENT. The project area with the old approved
Residential Mobil Home (RMH) Zone will be substituted with the present Urban
Residential-7 (UR-7) and the present PUD overlay zone. The old approved Commercial
(C) Zone will be substituted with the present Community Business (B-2). Any
development of the proposed plat and planned unit development will need to conform with
the cunent Zoning, Planned Unit Development, and Subdivision standards. Pursuant to
RCW 58.17.195 the revised proposal as conditioned will conform to the requirements of
the approved zone change to UR-7 Zone with PUD Overlay Zone and the B-2 Zone.
10. March 18, 1986, Spokane County adopted specific criteria for administratively considering
the Extension of Time regarding the expiration of preliminary subdivisions. Extension of
time decisions no longer require a public hearing before the HEC. The time extension
criteria is found in Chapter III, Section G of the Spokane County Subdivision Ordinance
(Board of County Commissioner Resolution Number 86-0246).
11. October 1986, the Planning Department granted its first administrative (without public
hearing) time extension for 2 yeazs under the authority of Chapter III, Section G of the
amended Spokane County Subdivision Ordinance. This 1986 Extension of Time approval
amended and extended the previous conditions of approval regarding all specific deadlines
of the April 14, 1986, Heazing Examiner Committee decision. This deadline extension
included the N1/2 Final PUD deadline of May 1, 1986 (see Finding No. 7. above).
12. This Time Extension application is the seventh (7th) request for a time extension. The total
life of the Preliminary Plat, PUD and Zone Change has been 13 yeazs and 2 months:
• April 1982 to April 1983 ...................Preliminary approvals - HEC
• April 1983 to April 1986 ...................3 years granted with change of conditions - HEC
• Nov 1986 to Dec 1988 ......................2 years (see Finding No. 11. above) - Ping. Dept.
• Dec 1988 to Jan 1990 2 years - Ping. Dept.
• Jan 1990 to Jan 1992 ........................2 years - Ping. Dept.
• Jan 1992 to Jan 1993 ........................1 year - Ping. Dept.
March 4, 1993 Time Extension Denied for lack of progress
March 12, 1993 Appeal of Denial and additional information provided
May 24, 1993 Time Extension administratively Approved with updated conditions
June 3, 1993 Appeal of new and updated conditions-of-approval
Aug 19, 1993 Hearing Examiner Committee public hearing scheduled and advertised
July 1993 additional information provided
July 27, 1993 appeal withdrawn by Jim Reuter
July 29, 1993 wichdrawal confirmed by project legal council, F. J. Dullanty, Jr. .
Aug 5, 1993 administratively amended the May 24, 1993 Time Extension conditions
• August 1993 to September 1994....... 1 year - Ping. Dept.
August 23, 1993 HEC withdrawal of appeal 01tDE[t (see Finding No. 13. below)
June 14, 1995, Eztension of Time File No. PE-1414-81 / Page 3
and a Revised Preliminary Plat / PUD PUDE-1-82 / ZE-92-81
12. continued
The above stated chronology does not include the processing time for which approval had
lapsed during review or appeal of decisions for each time extension request. Complete and
timely requests for any future time extensions shall be consistent with RCW 58.17.140 and
Spokane County Planning Subdivision Ordinance. Timely requests for consideration of
time extensions are the applicanddeveloper's responsibility as nodces of expiration of
approval by Spokane County Planning are not regularly provided. When said notices are
provided they are done so only on a courtesy basis.
13. The appeal of the conditions of approval added to the administrative May 24, 1993, Time
Extension approval was advertised and scheduled for the August 19, 1993 Hearing
Examiner Committee (HEC) public hearing. Due to subsequent amendments made to these
conditions in the administrative August 5, 1993, Time Extension approval, the appellant,
Jim Reuter, withdrew his appeal by letter dated July 27, 1993, as did the project attorneys
by letter dated July 29, 1993. This appeal agenda item was not presented at the August 19,
1993, HEC hearing. Later, on August 23, 1993, the Hearing Examiner Committee signed
FIlVDINGS OF FACT, CONCLUSIONS AND ORDER which states:
ORDER "The Hearing Examiner Committee pursuarit to the above Findings of Fact
and Conclusion, accepts the withdrawal by Jim Reuter, of the application of the
Preliminary Plat of PE-1414-81 described in the application known a Rivenvay Villa. "
MOT10N "UNANIMOUS TO APPROVE THE WITHDRAWAL OF THE PRELIMINARY
PLAT OF RIVERWAY VILLA AND RENDER THE PREL/MINARY PLAT AND APPEAL OF
THE EXTENSION OF TIME NULL AND VOID. "
This order and motion was based on Finding No. 2, which incorrectlv states:
"2. On July 29, 1993, Spokane Counry Planning received a written request from the
appellant, Jim Reuter, to withdraw the preliminary plat of Rivenvay Villa. The
Hearing Examiner Committee, by accepting the witlidrawal, renders tlte preliminary
plat nnd appeal of the extension of time null and void. "
The evidence within file PE-1414-81, including the withdrawal letters, indicates the
Preliminary Plat and PUD sponsors clearly intended to keep the project alive and, in fact,
only requested to wITHDRAw THE APPEAI, from the August 19, 1993, HEC hearing
agenda, since the issues with the condidons of approval had been administratively resolved
with the County Prosecutor's Office and Spokane County Planning administration. While
the August 23, 1993, Hearing Examiner Comm.ittee FIIVDINGS OF FACT, CONCLUSIONS
AND ORDER could have been written more clearly, all references to withdrawal ApDlies
onlv to the appeal and not the overall preliminary approvals.
14. This development and its approvals have exceeded its four (4) year grace period (the first 3
year expiration period and 1 additional year) where additional condidons cannot be applied
to the original approval, as provided in RCW 58.17.140, ExrENSIONS. All time
extensions thereafter may have additional conditions of approvai added or updated as each
subsequent time extension is granted. The upgrading of conditions allows Spokane
County to bring development approvals into compliance with present adopted policy and
regulations while addressing current conditions and resolving current problems or impacts.
15. The application for this time extension has been evaluated using the below adopted criteria.
These criteria are found in Chapter III, Section G of the Spokane County Subdivision
Ordinance and have been used as a basis for this time extension decision.
Section G states; Approval of a preliminary subdivision shall automatically expire three
years after preliminary approval is granted unless a time extension is applied for. " and
follows with "Upon application for time extension, the Planning Director or designee may
admrnistratively approve extensions for up to three (3) year periods provided at least one of
the following circumstances is found to apply:
1. That some portion of the existing preliminary plat has been finalized since the last
extension was granted and the remaining lots would fonn a unified development
consistent with the original approval
RESPONSE: No portion of the site has been finalized or recorded as a final plat.
However, Phase 1(401ots in the southwest corner with a public sewer system and
excluding the commercial site) is presently being reviewed for Final Plat approval to be
recorded with the County Auditor.
2. That the preliminary plat as approved remains consistent with the Generalized
Comprehensive Plan for Spokane County insofar as density and other development
provisions apply, and the sponsor has taken substantial steps towards finalizing his
plat, which shall include but not be limited to:
iJune 14, 1995, Eztension of Time File No. PE-1414-81 / Page 4
and a Revised Preliminary Plat / PUD PUDE-1-82 / ZE-92-81
15. continued
2. continued
a. surveying the lots within the development,
b. arranging for public services to the site,
c. obtaining necessaryfinancing for all or a portion of the preliminary plat,
d. the completion of stcidies or other requiremeiats which were part of preliminary
plat approval. .
RESPONSE: Correspondence from North Idaho Engineering dated August 16, 1994,
indicates that progress has been made towards finalizing the project. The progress is
summarized as: -
a. Survey calculations of the entire first 37 (now 40) lot Final Plat Map have been
performed.
b. Public udlities to the site have been arranged.
c. Construction financing has been secured and is in place pending release of construction
permits by the Spokane County Engineering Department.
d. Sanitary Sewer Improvement Plans including lift station design have been submitted to
the Spokane County Utilities Department.
f. The Final PUD Plan for the southerly 1/2 of Riverway Villa has been approved and the
northerly 1/2 has been submitted for administrative review and approval as provided for
in Chapter 14.704, Planned Unit Development (PUD) Overlay Zone of the Spokane
County Zoning Code.
g. T'he mitigation agreement with the Central Valley School District has been executed.
h. Landscaping plans for Indiana Avenue have been submitted.
i. The draft declaration of covenants, conditions and restrictions, articles of incorporation
and bylaws have been submitted.
j. Soils testing has been completed the results of which have been incorporated into the
redesign of street and storm drain plans.
Since the above August 16, 1994, letter, North Idaho Engineering and Inland Pacific
Engineering indicates that additional progress has been made:
1. The water plan for the first phase has been approved. The water system with fire
hydrants have been installed for the first phase. Consolidated Irrigation Water District
has accepted the water system and the contractor is has completed the pressure tests and
was in the process of flushing the system to pass health tests.
2. A dryline sewer system has been installed for the first phase.
3. Engineering design and plans have been prepared and submitted to WSDOT for boring
under the freeway. WSDOT has approved a boring pernut.
4. Engineering design and plans have been prepared and submitted to WSDOT for Barker
& Freeway interchange right turn lane improvements. WSDOT has approved the I-90
eastbound right turn lane permit.
5. Electric, cable and gas utilities have been installed for the first phase.
6. Street grading for the first phase is completed and "red top" surveyed and staked ready
for asphalt.
7. Curb forms have been partially installed along Indiana for the first phase. It was "red
top" surveyed and staked ready for asphalt.
8. A model home building permit was issued and was being constructed.
9. Redesign of the "preliminary plat" and "preliminary PUD" plans aze complete.
3. 77tat at the time preliminary approval was granted, develop»tent of the proposal was
conditioned upon the extension of public services which are not yet available. This
provision s/tall not apply to public utility extension whic/t the project sponsor tivould
nornially fund.
RESPONSE: This condition does not apply to the first 381ots however the developer
has as indicated in the August 16, 1994, North Idaho Engineering letter that prepazation of
plans and documents to facilitate future phases have been expedited, including public sewer
for the entire project.
16. Spokane County Planning does find that the applicant has taken significant steps to finalize
all phases of the preliminary plat of record prior to the September 1, 1994, expiration of the
preceding time extension (6th extension). During this present time extension review period
additional progress has also been made as indicated in FrNDING 15. above. The present
owners have purchased the entire preliminary plat. The sewer system has been designed,
sized and partially installed to serve the entire preliminary plat, considerable engineering
has been accomplished and is currently underway for a major portion of the preliminary
plat and a redesign of the preliminary p1adPUD has been completed. Therefore the "
applicandowner has demonstrated sufficient progress to comply with the requirements of
Chapter III, Section G, of the Spokane County Subdivision Ordinance for extending the
expiration date of the preliminary approvals for three years.
, • : _
~ JLtne 14, 1995, Extension of Time File No. PE-1414-81 / Page 5
and a Revised Preliminary Plat / PUD PUDE-1-82 / ZE-92-81
17. Additional conditions for this time extension have been recommended by the various
reviewing agencies and departments, including Spokane County Planning, the County
Division of Engineering and Roads, the County Division of Utilities, the County Health
District the County Division of Buildings, the Washington State Department of
Transportation, Central Valley School District, the County Parks Department and Fire
District No. l. Said conditions shall be included in the appropriate sections of this decision
and shall not preclude previous conditions of approval for time extensions unless
specifically stated. If conditions conflict, the most current condition shall apply.
18. The Spokane County Pazks Department has commented on the proposed Preliminary Plat
and PUD time extension pursuant a letter dated February 15, 1995. The Parks Department
has requested a voluntary agreement be completed between the Parks Department and the
property owner to mitigate impacts to the County Park system. A previous February 1,
1995, letter from Parks Director, Sam Angove, also indicates their desire to purchase 7.4
acres of the PUD open space adjacent the Centennial Trail at the north end of the project.
County legal counsel has indicated such agreements may be required. Spokane County
Planning recommends the property owner negotiate with the Spokane County Parks
Department to provide for appropnate capital facilities as required by the Revised Code of
Washington (RCW) 58.17.110. Approval of this time extension should include conditions
requiring that provisions for appropriate facilities be in place prior to recording this Final
Plat in the form of dedication of park land or a written agreement between the owner and
the Spokane County Parks Department. Note, property from this project along the
5pokane River was dedicated to Washington State Parks for the Centennial Trail.
19. The Central Valley School District No. 356 has commented on the proposed Preliminary
Plat and PUD time extension pursuant a letter dated February 21, 1995. The District has
indicated that existing school facilities are inadequate to serve the proposed Plat and PUD
and wishes to negotiate with the owner to provide adequate capital facilities as required by
the Revised Code of Washington (RCV) 58.17.110. Review by County legal counsel
indicates the condition requested by the School District can be required for developments.
Approval of this time extension should include conditions requiring that provisions for
appropriate facilities be in place prior to recording the Final Plat in the form of a written
agreement between the owner and the school district. Note, the school district indicates
there is an existing signed agreement. However, the request to add the standard condition
will assure that the existing and signed agreement will continue to be required and
maintained throughout the finalization of this project.
20. The following facts and conclusions are also relevant.
a. The app]icanVowner should continue to show substantial progress toward
complying with Chapter III, Section G, of the Subdivision Ordinance before
requesting an additional extension of time for the remaining phases of the approved
Preliminary Plat / PUD which have not been filed.
b. By reference FINllINGS of all previous approvals are specifically incorporated herein
unless otherwise stated. An attempt to include all previous and applicable Spokane
County Planning CONDITIONS OF APPROVA.L within this time extension has been
made by Spokane County Planning. Due to the complex nature of this file
omissions may have occurred. If further clarification is necessary regarding
previous conditions, the file record and documents continue to be the authority and
shall be used to resolve such questions/determinations.
c. A part of the northern portion of the approved preliminary plat of record fell under
the jurisdiction of the Washington State Shoreline Management Act, RCW 90.58,
and the Spokane County Shoreline Program, WAC 173-19-400. Creation of the
Washington State Centennial Trail along the Spokane River has removed portions
of the original site from Shoreline jurisdiction. Review of the Revised PUD site
plan for the northern portion of the preliminary plat shows the portions of the site
that is still within the Shorelines area, designated "Conservancy." About 15 of the
proposed lots are partly within this 200 foot shoreline boundary; however, each of
these lots has a building site that is outside the 200 foot boundary.
d. The site is located witllin an azea of Spokane County which was removed from the
sewer exemption area on July 1, 1994 by the Washington State Health Board
pursuant to WAC 246-272-100. The site is also located within the Priority Sewer
Service Area (PSSA). Any future time extension requests may be affected by the
new exemption boundary; however, the project is to be served by public sewer.
21. The site is located within lhe Public Transit Benefit Area (PTBA). Route # 18, Broadway
Feeder, provides connecting service to the Valley Park and Ride lot located on University
Avenue and 4th Avenue.
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. t,
June 14, 1995, Eztension of Time File No. PE-1414-81 / Page 6
and a Revised Preliminary Plat / PUD PUDE-1-82 / ZE-92-81
22. The Spokane County Arterial Road Plan identifies Barker Road as a PIU1vCIPLE ARTERUAL
and Mission Avenue as a MINOR ARTERIAI.. The existing roadway widths are inconsistent
with that specified in the adopted Arterial Road Plan. In order to implement the Plan the
County Engineer has requested a 5 foot reserve strip along Barker Road and a 10 foot
reserve strip along Mission Avenue to be designated as a Future Acquisition Area.
Preliminary plat approval also required dedication of an additional 15 feet of right-of-way
on Bazker Avenue and dedication of 10 feet on Mission Road. Sidewalks are required
along these arterial roads fronting and within the plat.
The Washington State Department of Transportation has recommended conditions to
mitigate impacts to the Barker Road and Interstate-90 interchange. Those recommendations
have been incorporated into this decision.
The Spokane County Engineering Department has met with the developers representative
and reached an agreemenVunderstanding with regards to phasing and development related
improvements to Barker Road and Mission Avenue. That understanding and conditions
thereof have been incorporated into the Engineer's conditions as set forth in this document.
23. The proposed plat will be served by a public water system. Waste water disposal will be as
authorized by the Director of Utilities, which involves an approved public sewer system
with pressurized lines to the sewer trunkline south of Interstate 90.
24. Recognizing the conditions of approval and Spokane County development standards,
appropriate provisions have been made to ensure the public health, safety and general
welfare and that the public use and interest will be served by plating the proposed
subdivision as conditioned.
The subdivision proposal is generally consistent with RCW 58.17 and the County
subdivision regulations, promoting the public health, safety and general welfare in
accordance with standards established by the state and Spokane County. Spokane County
Planning has considered the provision of public facilities cited in RCW 58.17.110 (2).
More specifically:
a. open spaces
b. drainage ways
c. public and/or private rights-of-way
d. transit
e. potable water
f. sanitary waste disposal
g. parks and recreation facilities
h. playgrounds
i. schools and school grounds
j . sidewalks
25. The delay in issuing this time extension is the result of (1) change of project sponsors, (2)
change of project engineers, (3) resignation of County planner assigned to this project (4)
an extensive review of the large thirteen year old file, (5) the physical reorganization of the
file (6) two reorganizations of planners within Spokane County Planning and (7) sponsor
proposed redesign of the prelirYUnary p1adPUD. The review revealed considerable
confusion regarding the file organization and content of the file and a need to clarify the
record, as indicated in the above findings.
26. The applicant has requested to call the development by the name "RNERWALK" and will
record all subdivisions by variations of this new name. This was administratively
approved.
27. May 19, 1995, the applicant submitted a"Revise Preliminary Plat and Preliminary Site
development Plan (PUD) of RNERWALK" for the entire project. This submittal have been
proposed by the applicant to improve the design of the site plan (ie, eliminate double
fronting lots, consolidate open azeas, other) and has been circulated for agency review and
comments. The proposed Final Plat Phase 1 area of the 1983 (S1/2) Final PUD site plan
has no changed.
NOTE: To clarify the original application (see 1982 Zone Change Map 1:400 Assessor Map
stamped by L.S. Patrick Moore) and the present applicant's intent, Inland Pacific
Engineering submitted a May 25, 1995, letter with documents requesting to:
(1) elirrunate the commercial lot from the "preliminary PUD" and
(2) remove that portion of the original 1981 property from the "Preliminary Plat of
Record" and the "Preliminary PUD" that was transferred to Washington State Pazks
Department for the Centennial Trail, Auditor No.9112090116 dated Dec. 9, 1991.
t` . .
' Juhe 14, 1995, Extension of Time File No. PE-1414-81 / Page 7
and a Revised Preliminary Plat / PUD PUDE-1-82 / ZE-92-81
28. The May 19, 1995, "Revise Preliminary Plat and Prelim.inary Site development Plan (PUD)
of RNERWALK" was found to be in substantial conformance to the original approvals
described in 3. and 7. above and this revised plan has been administratively approved.
Because all but the Phase 1 of the Preliminary Plat, the Final S t/2 PUD and the N i/2
Preliminary PUD has been revised, a"Final PUD Site Development Plan" will need to be
submitted and must be approved for compliance with the "Revised Preliminary PUD" for
the area of the proposed Final Plat prior to each Final Plat being recorded. This will allow
for flexibility in deternuning the specific and detailed design of each Final PUD of each
final plat at that time, for that market and pursuant the then existing development standards.
Each Final PUD site development plan will need to substandally conform with the
"preliminary PUD" and specifically conform with the PUD Overlay Zone standards in
affect at the time.
29. The May 19, 1995, "Revise Preliminary Plat and Preliminary Site development Plan (PUD)
of RNERWALK" shows the applicants present development phases; however, these phase
boundaries may need to be modified as the economy, market and other variables change.
DECISION
BASED UPON THE ABOVE Findings of Fact and Conclusions, a three year extension of time
request for PE-1414-81 / PUDE-1-82 / ZE-92-81, "RIVERWALK" (previously "Riverway Villa)
. an approved Preliminary Plat, Preliminary Planned Unit Development and zone reclassification is
hereby APPROVED until July 1, 1998.
The May 19, 1995, "Revise Preliminary Plat and Preliminary Site development Plan (PUD) of
RNERWALK" is also hereby APPROVED as the official preliminary plat of record and as the
preliminary planned unit development plan.
CONDITIONS OF APPROVAL
All pervious conditions of approval shall con[inue to apply, as applicable, except as specifically
amended.
SPOKANE COUNTY PLANNING
1. All conditions imposed by the Hearing Examiner Committee and all time extension
conditions, as amended or updated, shall be binding on the "Applicant." The term
"applicant" shall include the owner or owners of the property, heirs, assigns and
successors.
2. • This time extension is approved for three (3) years until July 1, 1998. The applicant
may request another extension of time approximately forty-five (45) days prior to the above
expiration date.
3. Additional Extensions of Time shall not be granted unless substantial compliance with
Chapter III, Section G, of the Subdivision Ordinance is demonstrated by the applicant;
otherwise the preliminary subdivision and the preliminary planned unit development
approval will become null and void.
4. (Amend 8/5/93 Planning Condition #3. and #4.)
The "Revised Preliminary Plat and Preliminary Site Development Plan (PUD) of
RNERWALK" stamped "Received May 19, 1995," has been administratively approved and
shall be the official preliminary plat of record and shall be the preliminary planned unit
development. This May 19, 1995 revised plan includes 9.11 acres for a proposed
commercial lot and 107.3 acres for a proposed planned unit development (PUD), being a
total of 116.41 acres (see said plan map). The PUD proposes 365 single family lots. At
the dme of each Final PUD site development plan and Final Plat is submitted for each phase
they shall comply with all development standazds for the approved zone classifications,
including the Planned Unit Development Overlay Zone, all as amended. (see 9. below)
Note, at this point in time, no part of the preliminary plat/P[1D have been finalized since the
original 1982 approval.
5. (Amend 8/5/93 Planning Condition #34.)
The above May 19, 1995 revised plan shows development phases. These phases may be
administratively amended if the various agencies find that each proposed phase will provide
proper traffic circulation, provide adequate emergency vehicle access, meet necessary
utilities design and/or utility circulation requirements, and provide for the public health and
safety.
Juhe 14, 1995, Eztension of Time File No. PE-1414-81 / Page 8
and a Revised Preliminary Plat / PUD PUDE-1-82 / ZE-92-81
6. (Amend 8/5/93 Planning Condition #3.)
The "Revised Preliminary Plat and Preliminary Site Development Plan (PUD) of
RIVERWALK" stamped "Received May 19, 1995," now replaces:
(1) the "Preliminary Plat of Record" map dated November 12, 1981, as approved by the
Spokane County Hearing Examiner Comm.ittee in the Findings of Fact, Conclusions, and
Decision dated Apri12, 1982, which consisted of 365 manufactured home lots and 1
commercial parcel and
(2) the "Revised Preliminary Plat of Record" map dated March 15, 1983, as approved by
the Spokane County Hearing Examiner Committee in the Findings of Fact, Conclusions,
and Decision dated April 14, 1983, which was a redesign of the 50.2 acre South portion
(S 1/2) with 1781ots, excluding the commercial parcel. This S 1/2 also being the Final PUD
Site Development Plan approved by the Hearing Examiner Committee in the Findings of
Fact, Conclusions, and Decision dated April 14, 1983, is now NULL and vOID and is
replaced with the above May 19, 1995, preliminary plat/P[1D. Note, since the final plat
for Phase 1 was submitted before the decision to approve the May 19, 1995, Revised Plan,
Phase 1 mav be finalized under the provisions of the April 14, 1983, Final PUD, S 1/2.
7. (Amend 8/5/93 Planning Condition #3.)
A"Final PUD Site Development Plan" must be submitted and approved for at least the area
of each proposed final plat prior to recording any Final Plat, other than Phase 1. This
includes the S 1/2 of RIVERWALK (previously Riverway Villa). Each "Final PUD" must
substantially conform to the above May 19, 1995, revised preliminary pIaVPUD and comply
with the applicable development standarcis existing at the time of submittal.
8. (Amend 8/5/93 Planning Condition #4. and 6.)
The approved zone change, ZE-92-81, shall be amended pursuant the PROGRAM TO
IMPLEMENT. The project area approved for the old approved Residential Mobil Home
(RMH) Zone with the old PUD Overlay Zone shall be substituted with the present Urban
Residential-7 (UR-7) Zone and the present PUD Overlay Zone. The project area approved
for old Commercial (C) Zone shall be substituted with the present Community Business
(B-2) Zone. The existing UR-3.5 Zone shall be reclassified as each phase of the
development is recorded as a Final Plat with the County Auditor. The reclassifications
shall be consistent with the proposed zoning approved with the preliminary plat of record,
as amended by the PROGRAM TO IMPLEMENT.
9. (Amend 8/5/93 Planning Condition #7 and #11.)
The final plat(s) shall be designed substantially in conformance with the above "Revised
Preliminary Plat of Record date stamped May 19, 1995." No increase of density or
number of lots shall occur without a change of condition application submittal and
approval. Each Final Plat shall comply with the cunent development standazds of the
Urban Residential-7 (UR-7) Zone and the Planned Unit Development (PUD) Overlay
Zone, as each may be amended. The proposed commercial parcel shall comply with the
current development standards of the Community Business (B-2) Zone, as amended. The
entire site shall also comply with the Aquifer Sensitive Area (ASA) overlay zone.
10. The Planning Director/designee shall review any proposed final plat and final Planned Unit
Development Plan to ensure compliance with these Findings and Conditions of Approval.
. 11. (Amend 8/5/93 Planning Condition #5.)
Prior to recording a final plat which includes the commercial parcel, Spokane County shall:
a. insure that the commercial site is in compliance with the development standards of the
Spokane County Zoning Code, as amended,
b. insure that the commercial site is in compliance with the development standards of the
Spokane County Road Standards, as amended, and
d. insure that commercial uses do not exceed those of "neighborhood" and "local
serving" type retail or service(s).
12. (Amend 8/5/93 Planning Condition #5.)
Prior to issuing any building permits on the commercial pazcel, a specific site development
plan (all or part) shall be submitted to Spokane County. The specific site development plan
will be circulated for comments from appropriate agencies to determine compliance with
current regulations and for substantial compliance with the approved May 19, 1995,
revised Plan and the condidons of approval.
13. A final plat name/number shall be proposed before the final plat is filed, such name/number
to be approved by the Planning Director/designee.
14. Prior to filing of the final plat, the appropriate street address(es) shall be indicated.
15. Appropriate road name(s) shall be indicated.
Jdne 14, 1995, Extension of Time File No. PE-1414-81 / Page 9
and a Revised Preliminary Plat / PUD PUDE-1-82 / ZE-92-81
16. The final plat map shall indicate by a clear, dashed line the required yard setbacks from all
private, "Tract X" or public roads. The dedication shall contain the following statement:
Side yard antl rear yard setbacks shall he detennined at the time building pe»nits are
requested unless these setbacks are specif cally drafted on this final plat. The setbac%r
indicated on this plat may be varied from if proper zoning approvals are ohtained.
17. The final plat shall indicate yard setback arc lengths on cul-de-sac lots which meet or
exceed the minimum frontage of the underlying zone of the final plat.
18. Appropriate utility easements shall be indicated on copies of the proposed final plat.
Written approval of utility easements by appropriate utility companies shall be received with
the submittal of the final plat.
19. Three (3) current certificates of title shall be furnished to Spokane County Planning prior to
filing the final plat.
20. Prior to filing of all or a portion of the final plat, the applicant's surveyor shall submit one
or more maps outlined in red of the azea being finalized. The scale shall match the
appropriate assessor's map scale.
21. Spokane County Planning shall prepare and record with the County Auditor a TITLE
NOTICE specifying a future land acquisition area for road right-of-way and utilities. The
reserved future acquisition area Title Notice may be released, in full or in part, only by
Spokane County Planning. The notice should be recorded within the same time frame as
the recording of the Final Plat and shall provide the following, if applicable:
a. At least 10 feet along Mission Avenue and 5 feet along Barker Road shall be
designated as reserved future acquisition area for road right-of-way and utilities, in
addition to the existing and/or newly dedicated right-of-way along Mission Avenue
and Barker Road. NOTE: The County Engineer has required 10 feet of dedication
along Mission Avenue and 15 feet of dedication along Barker Road.
b. Future building and other setbacks required by the Spokane County Zoning Code
shall be measured from the reserved future acquisition area.
c. No required landscaping, parking, '208' areas, drainfield or allowed signs should be
located within the future acquisition area for road right-of-way and utilities. If any of
the above improvements are made within this area, they shall be relocated at the
applicant's expense when roadway improvements are made.
d. The future acquisition area, until acquired, shall be private property and may be used
as allowed in the zone, except that any improvements (such as landscaping, parking,
surface drainage, drainfield, signs or others) shall be considered interim uses.
e. The property owner shall be responsible for relocating such "interim" improvements
at the time Spokane County makes roadway improvements after acquiring said future
acquisition area.
22. Spokane County Planning shall prepare and record with the Spokane County Auditor a
TITLE NOTICE noting tHat the property in question is subject to a vaziety of special
conditions imposed as a result of approval of a land use action. This TIT[..E NOTICE shall
serve as public notice of the conditions of approval affecting the property in question. The
notice should be recorded within the same time frame as the recording of the Final Plat and
shall only be released, in full or in part, by Spokane County Planning. The Title Notice
shall generally provide as follows:
The parcel of property legally described as ~ J is the subject of a land
use action by a Spokane County Hearing Body or Administrative Official on ( J,
imposing a variety of special development conditions. File No. [ J is
available for inspection and copying in Spokane Cocinty Planning.
23. The plat dedication shall contain the following statement for those lots located on a
temporary cul de sac/stub road:
Lot(s) , Block(s) are located on a temporary cul-de-sac/stub
road. Tliis temporary cul-de-sac/stub road may be extelrded to provide access to adjacent
property and/or connect to existing roads or new road.s as development and/or circulation
needs dictate.
24. A plan for water facilities adequate for domestic service and fire protection shall be
approved by the water purveyor, appropriate fire protection district, County Building &
Safety Department and County Health District. The agencies will certify on the Water Plan,
prior to the filing of a final plat, that the plan is in conformance with their respective needs
and regulations. The Water Plan and certification shall be drafted on a transparency
suitable for reproduction and be signed by the plat sponsor.
~ June 14, 1995, Extension of Time File No. PE-1414-81 / Page 10
and a Revised Preliminary Plat / PUD PUDE-l -82 / ZE-92-81
25. The water purveyor shall certify that appropriate contractual arrangements and schedule of
improvements have been made with the plat sponsor for construction of the water system in
accordance with the approved Water Plan. The time schedule shall provide for completion
of the water system and inspection by the appropriate health authorities prior to application
for building permits within the final plat. The arrangements or agreements shall include a
provision holding Spokane County and the purveyor hannless from claims by any lot
purchaser refused a building pernut due to the failure of the subdivision sponsor to
satisfactorily complete the approved water system.
26. The final plat dedication shall contain the following statement:
The public water system, pursitant to the Water Plan approved by county and state health
authorities, the local fire protection district, Courtty Building & Safety Deparhnent and
water purveyor, shall be installed within this subdivision; and the applicant shall provide
for individual domestic water service as well as fire protection to each lot prior to sale of
each lot and prior to issuance of a building permit for each lot.
27. No building pernut will be issued for any lot within the final plat until certified by a
Washington state-licensed engineer that "the water system has been irtstalled pursuant to the
approved Water Plan for the final plat, " including a signed license stamp. The certification
may be in the form of a letter, but is preferred to be certified on a copy of the Water Plan as
a schematic map showing the "as-built" water system.
28. The Water Plan and the above conditions of approval regarding the Water Plan may be
waived by the Planning Director/designee upon receipt of letters from the appropriate water
purveyor and fire protection district stating that simple connections to an existing, approved
water system will provide adequate domestic and fire protection water to ensure the public
health, safety and general welfare.
29. A survey is required prior to the filing of a final plat.
30. Approval is required by the Planning Director/designee of a specific lighting and signing
plan for the described property prior to the release of any building permits.
31. Direct light from any exterior azea lighting fixture shall not extend over the property
boundary. •
32. A specific landscape plan, planting schedule and provisions for maintenance acceptable to
the Planning Director/designee shall be submitted with a performance bond for the project
prior to release of building permits. Landscaping shall be instailed and maintained so that
sight distance at access points is not obscured or impaired.
33. (Amend 8/5/93 Planning Condition #29.)
The Final PUD site development plan shall indicate all exterior boundary setbacks, as well
as setbacks from roadways and individual lot lines.
34. A copy of the homeowners/property owners' association articles of incorporation and/or
bylaws and/or covenants and restrictions, together with any other provisions for
maintenance of common areas and facilities, shall be submitted for review and approval to
Spokane County Planning prior to finalizing.
35. The Owner shall negotiate with the Central Valley School District and the Spokane County
Pazks Department and submit a recorded copy of the agreement making provisions for
public schools and parks prior to finalization and recording of this plat. The agreement
shall provide a written description of the subject property to which the agreement applies
and also state the dollar amount and any other agreed to mitigating measure(s).
The Owner shall also notify any potential purchasers who have made an agreement to
purchase property within said plat pursuant to the Revised Code of Washington
(58.17.205), that appropriate provisions for school facilities and public parks must be
made conditioned on a future agreement between the applicandsponsor, school district, and
County Parks Department. '
Voluntary agreements between the Owner and School District and Spokane County Parks
Department shall conform to the requirements of the Revised Code of Washington Chapter
82.02.
36. The ownedapplicant shall coordinate with the local Fire District and the Fire Marshall to
insure that adequate access is provided for emergency services, prior to submitting each
Final Plat phase.
37. Each final plat dedication shall make reference to the Home Owners Association agreements
as a notice to potential lot purchaser of the responsibilities of lot ownership within the
subdivision.
'
~JOne 14, 1995, Extension of Time File No. PE-1414-81 / Page 11
and a Revised Preliminary Plat / PUD PUDE-1-82 / ZE-92-81
38. The lots or common open space shown on the May 19, 1995, Revised Preliminary Plat that
are within the 200 foot Shoreline boundary are required to comply with the Spokane
County Shoreline Program regulation. The Final Plat shall show the 200 foot shoreline
boundary. Each lot which includes the 200 foot boundary must have a buildable site that
meets all required setbacks (both zoning and shorelines) before it is recorded as a Final
Plat. Notes (at least 2) shall be placed on the Final Plan drawing near the affected lots and
common open space which state: The property with the 200 foot Shoreline boundary has
legal lrmitations on the use of this land pursuant vegetation and building of structures,
including fences.
39. If a Final Plat is recorded with any lot partially within the 200 foot boundary of the
Shoreline, a TITLE NoTICE shall be recorded by Spokane County Planning immediately
after recording the Final Plat with the County Auditor. The TIT7..,E NOTICE shall include a
statement similar to: Any lot's property or common open space properry within the 200
foot shoreline bottndary have limitations on building structures (including fences) and
changing the natural vegetation pursuant the SPOKANE COUNTYSHORELINE PROGRAM
regtclatians.
40. After the commercial parcel is granted B-2 Zoning with the recording of a Final Plat, the
applicanVowner should make application for a Binding Side Plan to allow for timely
division and sale of portions of the commercial site after a Final Binding Site Plan is
recorded.
SPOKANE COUNTY DIVISION OF ENGINEERING AND ROADS
Prior To Issuance Of A Buildine Perm.it Or Use Of The Propertv As Pronosed:
1. All previously imposed conditions are still applicable.
2. The County Arterial Road Plan identifies Bazker Road as a PRINCIPLE Arterial and Mission
Avenue as a MIlVOR Arterial. The exisdng right-of-way widths are not consistent with
those specified in the Plan. In order to implement the Arterial Road Plan, in addition to the
required right-of-way dedication, a strip of property 5 feet in width along Barker Road and
10 feet in width along Mission Avenue shall be set aside in reserve. This property may be
acquired by Spokane County at the time when arterial improvements are made to Barker
Road and Mission Avenue.
3. As per the original conditions of approval:
"A traffic analysis of each phase will be required of the developer and reviewed by
Spokane County prior to plat finalization. This analysis will be coordinated with the State
of Washington Department of Transportation. A traffic analysis for each phase will serve
as a basis for the evaluation of the need for traffic control devices at Barker Road and
Mission Avenue. Should the analysis determine a need for intersection upgrading, the
developer will be assessed a proportionate share for the required improvements.
4. Prior to any plat checking of Riverway Villa for phased finalizadon of the plat the
aforementioned analysis shall be completed.
5. Intersection and road improvements shall be constructed and phased as follows predicated
on an agreement reached on or about August 4, 1994, between North Idaho Engineering
and the Spokane County Engineer.
Barker Road:
Phase I: Construct Barker/Indiana intersection (Barker Road to be a 5-lane section per
the County's Special section for Barker Road). Provide acceleration/deceleration lanes
(sized per WSDOT Design manual), as well as inbound and outbound tapers.
Phase II: Construct Barker Road north to the Spokane River, and south to Mission
Avenue, unless built out sooner as part of Phase VI.
Phase VI: Construct Barker Road north to the Spokane River, and south to Mission
Avenue, unless built out sooner as part of Phase II.
Mission Avenue:
Phase I: Construct Mission/Clazk Fork (Harmony Lane) intersection. Construct north
side of Mission Avenue (per the County's Special Section for Mission Avenue) from
Clark Fork (Harmony Lane) to Bazker. Provide inbound taper to Clark Fork
(Harmony Lane) intersection.
Phase III: Construct Mission/Potomac and Mission/Yukon intersections. Construct
north side of Mission Avenue (per the County's Special Section for Mission Avenue)
along the Mission Avenue frontage from the easterly plat boundary to Mission/Clark
Fork (Harmony Lane). Provide inbound taper to the widened Mission/Yukon
intersection from east of the easterly plat boundary.
June 14, 1995, Extension of Time File No. PE-1414-81 / Page 12
and a Revised Preliminary Plat / PUD PUDE-1-82 / ZE-92-81
6. Conditions of Approval require that Barker Road and Mission Avenue improvements
adjacent to Phase VI are to be completed prior to issuance of a building permit for any
projects on that parcel.
7. The aforementioned phasing is a minimum development program. Changes to this
construction schedule may be implemented pending completion of the Traffic Impact
Analysis for each phase of the development.
8. Engineers Condition #21 of Apri12, 1982 Hearing Examiner Committee Findings and
Order required that a strip of progetty 15 feet in width along Bazker Road be dedicated
from Mission Avenue to the Spokane River. Since a portion of this strip is not controlled
by the applicant this requirement for dedicadon is not applicable. Right-of-way along
Barker Road within the original approved plat shall be dedicated at the time of final plat
approval or vesting of any commercial rezone. Improvements to Barker Road from the
Spokane River bridge on Barker to Mission Ave shall sdll be required with the existing
right-of-way per a phasing plan to be agreed to by the developer and approved by the
County Engineer.
9. Regazding the May 19, 1995, redesign Plan the following condition shall apply:
(1) Temporary cul-de-sacs shall be constructed at the term.inus of Indiana Avenue, Tippi
Canoe Lane cannot be used as a public road turn-around and all other streets that provide
access to more than one lot shall also provide an acceptable turn-azound.
(2) Improvements to proposed roadways shall be as oudined in the approved conditions of
approval or as amended by the overall traffic analysis currently being completed.
SPOKANE COUNTY DIVISION OF UTILITIES
1. Any water service for this project shall be provided in accordance with the Coordinated
Water System Plan for Spokane County, as amended.
2. The dedication shall state: The Owner(s) or Successor(s) in interest agree to authorize the
County to place their name(s) on a pedtion for the formation of a ULID by petition method
pursuant to RCW 365.94 which the petition includes the Owner(s) property and further not
to object by signing of a protest petition against the formation of a ULID by resolution
method pursuant to RCW 36.94 which includes the Owner(s) property. Provided, this
condition shall not prohibit the Owner(s) or Successor(s) from objection to any
assessment(s) on the property as a result of improvements called for in conjunction with the
formation of a ULID by either petition or resolution under RCW 36.94.
3. Applicant will make connection to Public Sewer System. Sewer Connection Permit is
required.
4. Plans and specifications for the public facilities are to be reviewed and approved by the
U[ilides Department. Spokane County plan submittal requirements apply.
5. The dedicadon shall state:
The owner(s) or successor(s) in interest agree to authorize the County to place their
name(s) on a petition for the formation of ULID by petition method pursuant to RCW
36.94, which petition inclccdes the owner(s)' property; and further not to object by the
signing of a protest petition against the formation of a ULID by resolution method pccrsuant
to RCW Chapter 3694 which includes the owner(s)' properry. PROVIDED, this
condition shall not prolTibit the owner(s) or successor(s) from objecting to any
assessment(s) on the properry as a result of improve►nents called for in conjunction with the
formation of a ULID by either petition or resolution method under RCW Chapter 36.94.
6. Any water service for this project shall be provided in accordance with the Coordinated
Water System Plan for Spokane County, as amended.
7. Applicant shall make connection to public sewer system. Sewer connection permit is
required. Plans and specifications are to be reviewed and approved by the Utilities
Department.
SPOKANE COUNTY HEALTH DISTRICT
1. A statement shall be placed in the dedication to the effect that: "A pcihlic se►ver system will
be made available for the plar and individual service will be provided to each lot prior to
sale. Use of individual on-site sewage disposal systems shall not be authorized. "
2. The final plat shall be designed as indicated on the preliminary plat of record and/or any
attached sheets as noted.
June 14, 1995, Extension of Time File No. PE-1414-81 / Page 13
and a Revised Preliminary Plat / PUD PUDE-1-82 / ZE-92-81
3. Appropriate utility easements shall be indicated on copies of the preliminary plat of record
for distribution by Spokane County Planning to the utility companies, Spokane County
Engineer and the Spokane County Health District. Written approval of the easements by '
the utility companies must be received prior to the submittal of the final plat.
4. Sewage disposal method shall be as authorized by the Director of Utilities, Spokane
County.
5. Water service shall be coordinated through the Director of Utilities, Spokane County.
6. Water service shall be by an existing public water supply when approved by the Regional
Engineer (Spokane), State Department of Health.
7. Prior to filing the final plat, the sponsor shall demonstrate to the satisfaction of the Spokane
County Health District that an adequate and potable water supply is available to each lot of
the plat.
8. Prior to filing the final plat, the sponsor shall present evidence that the plat lies within the
recorded service area of the water system proposed to serve the plat.
9. A plan for water facilities adequate for domestic use, domestic irrigation use and fire
protec[ion use shall be approved by the water purveyor. Said water plan must have been
approved by the fire protection district and the appropriate health authorities. The health
authorities, water supplier (purveyor) and the fire protection district will certify, prior to the
filing of the final plat, on the face of said water plan that the plan is in conformance with
their requirements and will adequately satisfy their respective needs. Said water plan and
certification will be drafted on a transparency suitable for reproduction.
10. The purveyor will also certify prior to filing the final plat on a copy of said water plan that
appropriate contractual arrangements have been made with the plat sponsor for construction
of the water system, in accordance with the approved plan and dme schedule. The time
schedule will provide, in any case, for completion of the water sys[em and inspection by
the appropriate health authorities prior to application for building permits within the plat.
The contractual arrangements will include a provision holding Spokane County/City of
Spokane, Spokane County Health District and the purveyor harmless from claims by any
loVtract purchaser refused a building pernvt due to failure of the plat sponsor to
satisfactorily complete the approved water system.
11. The dedicatory language on the plat shall state:
Use of private wells and rvater systems is prohibited.
12. The final plat dedication shall contain the following statement:
The public water system, pursuant to the water plan approved by counry arzd state /zealtl2
authorities, the local fire protection district, Cocenty 13uilding and Safety Department, and
water purveyvr, shall be installed within this subdivision and the applicant shall provide for
individual domestic vvater service as well as fire protection to each lot/tract prior to sale of
each lodtract and prior to issctance of a building permit for each tract.
SPOKANE COUNTY DIVISION OF BUILDINGS
1. The applicant shall contacl the Division of Buildings at the earliest possible stage in order to
be infotmed of code requirements administered/enforced as authorized by the State
Building Code Act. Design/development concerns include: ADDRESSIIVG, FIRE
APPARATUS ACCESS ROADS; FIRE HYDRANT/FLOW; APPROVED WATER SYSTEMS;
BUILDING ACCESSIBILITY; CONSTRUCT'ION TYPE; OCCUPANCY CLASSIFiCATION;
EXTTING; EXTERIOR WALL PROTECTION; AND ENER.GY CODE REGULATIONS. (Note: The
Division of Buildings reserves the right to confinn the actual address at the time of building
permit.)
WASHINGTON STATE DEPARTMENT OF TRANSPORTATION
PRIOR TO APPROVAL OF ANY FINAL PLAT:
1. A traffic analysis shall be prepared for the Barker Road interchange and shall contain the
following elements:
a. Site Map (illustrating the complete circulation system)
b. Vicinity Map(s) (illustrating traffic distribution)
c. Existing Transportation Conditions
1. Existing average daily traffic
2. Existing AM and PM peak hour level bf service
3. Existing AM and PM peak hour turning movements
~
June 14, 1995, Extension of Time- File No. PE-1414-Bk i Page 15
and a Revised Preliminary P1at 1PUD PUDE-1-$2 1ZE-92-$1
If yau have any questivns, please call the Spvkane Caunty Flanning at 456-2205.
pc: County L]ivisivn of Enganeerirag and Rvads
Washingtvn State I3epartment of Transpartativn
County Division of Utiiities
County Health District
Cvunty L3iuision of Buildings
+County Divisivn of Parks, Recreativn and Fair
Central VaI2ey Schaol District
Fire District 1
We1co GroLip Inc, 1220 l l6tt3 Ave, NE, Bellevue Wa 98004
North Idaho Engineering, W 4200 Seltice Way, Coeear U'Alene, ID, 83814
Cansvlidated Irregativn District
Richard Mason, TPEC, 707 W. 7th, 5te 200, Sgokane Wa 99204
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STANTOW SPOKANE L P. 00174 G
DATE INVOICE NO. DESCRIPTION Y INVOICE AMOUNT ~ DEDUCTION BALANCE
• 2-1-96
Stanton Spokane
_ Spokane County Engineering
5th Addition Plat Recording Fees $100.00
~ CHECK '
2-1-96 NUMBER> 1742 • ' 100.00
PLEASE DETACH TH18 PORf10N AND RETAIN FOR VOUR RECAROS
STANTON SPOKANE L. P. KEY BANK OF WASHINGTON 19-57/1250 001742
16720 NE 116TH ST. (206) 869-6618 Bellewe on FouRh
" REDMOND, WA 98052 10655 NE. 4th St.
, Bellewe, WA 98004 -
~ PAY:-`****One Hundred Dollars and NO/
DATE CHECK NO. AMOUNT
2-1-96 1742 $100.00
oATM~pokane County Engineering
ORDER
OF
.~.Qa. ~
112000420 i:&250005?4': 226 5355 5il'
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( DATE INVOICE NO. DESCRiPTION ~ INVOICE AMOUNT ~ DEDUCTION BALANCE
2-1-96
Stanton Spokane
_ Spokane County Engineering
: Sth Addition Plat Recording Fees $100.00
CHECK
• fi~ii~~~ 2-1-96 NUMBER > 1742 .100.00
P4.EASE OETAGN THiS rv-J AND NETAW FOR VOUR RECOROS
. , STANTON SPOKANE L. P. KEY BANK OF WASHINGTON 19-5711250 001742
16720 NE 1167H ST. (206) 869-6618 Bellevue on Fourth
REDMOND, WA 98052 10655 NE. 4th St.
; Bellevue, WA 98004
PAY:*','',-',*One Hundred Dollars and NO/
DATE CHECK NO. AMOUNT
2-1-96 1742 $100.00
PAY
TorH~Pokane County Engineering
ORDER
OF
Wr~r~ ~ Y
7
110000420 i:1 2 5000 5 741: 226 5355 5li'
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ATTACFIVIvIEENT "A" ~
, DETAILED DESCRIPTION OF WORK ~
. Riverwalk P.U.D.'5th Addition (26 lots, wit61,1701.f. of private road, and 7301.f. of sewer) ;
The following services are hereby added to the WORK AUTHORIZATION for Riverwalk P.U.D. Sth
Addition, Basic Services Section B. Inspection by IPE personnel or other agency personnel shall not
relieve the contractor of his responsibility to construct the facilities covered by this agreement to the line
and grade shown on the approved plans or as staked by the engineer.
1. The scope of these construction engineering services includes:
A) Periodic obseivation and reporting of specific- construction activities on this project which
include; Sewer Conshuction, Bases, Subgrade, Pavement, Concrete Curb and Gutter,
Sidewalks, and Storm Drainage; .
. B) Maintenarice of all construction records related to construction activities outlined in
paragaph "A" above, which may include; daily inspection reports, manufacturers'
certifications, material test reports, and conespondence;
C) Assur`ance that the construction of the roads and sewer is according to the approved plans
accepted by the Spokane County Engineer, Spokane County General Provisions, the
Standard Specifications, and applicable portions of the WSDOT Construction Manual; :
D) Development of Post Construction Record Drawings for Sewer, Street and Storm j
Drainage Facilities; it is understood the facilities inspected by firms other than IPE will be ~
certified by those firms in a form acceptable to Spokane County;
E) Coordination of the testing of construction materials for compliance to the plans
accepted by the Spokane County Engineer, Spokane County General Provisions,
the Standard Specifications, and applicable portions of the WSDOT Construction _ Manual. Achial materials testing to be performed by others and billed separately
froin Inland Pacific Engineering billing.
i
2. • Prior to acceptance of the roAds ttnd drainage facil:ties by Spokane,County,• the Engineer shall
submit all corishuction records and the Record Drawing to the Spokane County Engineer. _
' The services described herein ivill be performed as needed and billed on'the basis of time and expense as
' outlined iri Attachirient,"D". You should budget $7,700.00 for the scope of serviGes outlined above on a
one time basis. -Dean - Housley Company agees to provide to IPE or arrange for appropriate
certifications frb'm' other firms and to include provisions in their construction contracts to back charge
- their contractor for the cost of IPE seivices which may be required for re=inspection or re-testing of
facilities which failed:to meet the required standards. Billings for said re-inspeetions will be carefully
identified on IPE's billing to`Dean - Housley. 'Dean - Housley will be re$ponsible to back charge their
contractor. . .
. Accepted: Inland Pacific Engineering Accepted: Dean - Housley Company
. ~ ~
~ L. ~ Tit1e
by:
by; ~ ~Title date: date: Z - C/
~
i
JUL-01-1996 13:39 VLAND PACIFIC ENG P.05
JlL-8i-i996 1 l= 32 I I NLRlD i?RC I F I C ENri P. e3
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S°rAN'I'ON DBPELOPMEN'!'
a Washipgm Corporation
S?ATB OF WASHIIdGtON
COUN'I'Y OF Y~t
I ttrdty tffit I inuw ar have sati8facaory evidt= tihat _FA=cd
is the persoa whn agpeaiod bcfare me, and tteat said 1ez1 oa aclwwIedged tbat he signcd ft
iasbvmcta, oa oath swad that be was auttmiud to ex=vte, tbia iasftamcat, 8nd
aclmawlodgcd it aa the -'Or,Aodrt of .1dt'Q =Q aJ .6e~
a WasbingtQU cOrporatifln, to be tbe fRe sud vaitsntsry sd of said corporatinn, for che tm
snd purposes thmqn mczirioned in tbe insavrneat.
Daoed this l day of 199 to .
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x0?ARY PUsJ,iC ia atd gor ft Sute of washington,
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JUL-61-1996 13:39 JLAND PACIFIC ENG P.06
• INLAND PACIFIC ENGINEERING CO., INC.
a Washington coiporation
Richard L. Mason
President
STATE OF WASHINGTON
COUNTY OF SPOKANE
I certify tha[ I know or have satisfactory evidence that Richard L. Mason is the
penon who appeared before me, and that said person acknowledged that he signed this
insmlment, on oath stated that he was authorized to execute this instrument, and
acknowledged it as the President of INLAND PACIFIC ENGINEERING CO., INC., a
Washington corporation, to be the free and voluntary act of said corporation, for the uses
and purposes therein mentioned in the inscrument.
Dated thisc~6aday of V-- I99~,.
+ e OFFIcEAL SE~ NOT~Y PUBLIC ' and for the Si.ate of Washington,
' b ,s JUOlTH LEO ~ at
~ - ~ Notary Pub~ic - Itlashing2on Residi ~
My Commission Exprras ; My appointment xpires /0-Q7-9 7
Lvv w~ r v V r oy`oUVt 27, 1997 V v\
"'"S"~~
~ RivgR~+Auc~cp
.
February 23, 1996
, T$MPORARY TIIRNAROIIND
8A8 EME1QT
RIVBRWALR FZFTH ADDITION
A Temporary Turnaround Easement over a portion of Government Lots
5 and 6, of Section 8, T.25 N., R.45 E., W.M., County of Spokane,
State of Washington, more particularly described as follows:
Beginning at the most northerly corner of Tract "H" of
RIVERWALK FIRST ADDITION according to the plat recorded in
Book 23 of Platss Pages 37 though 40; thence N.2905914311W. a
distance of 689.05 feet to the TRUE POINT OF BEGINNING of
this easement description; thence S.7704014911W. a distance
of 150.00 feet; thence N.12019111"W. a distance of 150.00
feet; thence N.7704014911E. a distance of 190.57 feet; thence
S.12°19'17"E. a distance of 57.50 feet; thence S.7704014911W.
a distance of 40.57 feet; thence S.12°19'l1"E. a distance of
92.50 feet to the True Point of Beginning
4
9505150111
. ' •
~ . .
. 'VVBEN RECOR.DED RETUR.N TO: THIS SPACE PROVIDED FOR RI(DC"1y USE
Camille Taylor Ralston ORIr,INAI r-li E:n n4 RE('.ORr)Fr. .
Montgomery, Purdue, t~Y 1 5 1995
Blan~.nship & Austi.n 58th F'loor Columbia Center WuN I) auul i ()H 701 Fifth Avenue SPOKAwE couNrY, wN
Seattle, WA 98104 TEMPORAR.Y TURNAROUND
EASEMENTS AND COVENANTS
STANTON DEVELOPMENT COMPANY, a Washington general
partnership, on its own behalf and as nominee for Stanton-Spoka.ne Li.mited
. Partnership, a Washiugton li.m.ited partnership ("Stanton'), is the owner of
the real property legally described on the attached Ezhibit A("Property').
The Property is divided into three parcels (as described on Ezhibit A):
Parcel2, Parcel4 a.nd Parcel5. It is anticipated that each of the ParceLs will
constitute a division of R.iverway V'llla, a preli.minary plat with planned unit
development overlay zone. There are four turnaround areas legally described
on the attached Ezhibit B("1'urnarounds"): Tzrnaround "A", Turnaround
"B", Turnazound "C" and 1urnaround "D". To accommodate the segregation,
platting and development of Parcel 2 before Parcel 4 and Parcel 5, Stantoa
grants, declares and dedicates as follows:
1. Temnorarv Turnarowad Easements. Stanton, as the owner of
Parcel 4 and Parcel 5("Grantor''), grants and reserves unto Stanton, as the
owner of Parcel2, a.nd all successor owners of Parcel 2 and any portions of
Parcel 2 into which Parcel 2 may be platted or otherwise subdivided from
ti.me to time (collectively "Grantee"), a temporary non-exclusive construction,
and ingress and egress easement ("Easement") upon, over and across the
Turnarounds for the benefit of Parcel 2 and any portions of Parcel 2 i.nto
which Parcel2 may be platted or otherwise subdivided from time to time. The
Easement is granted to Grantee for the purpose of (i) facilitating construction
on Parcel 2 by use of the Zurnarounds for turnaround of construction
equipment and any other construction related activities including storage of
construction equipment and materials, and (u) cul-de-sac roads servici.ng
Parcel 2 for pedestrian and vehicular ingress and egress to complete traff`ic
circulation in Parcel 2 pending connection of Parcel 2 to interior roads across
Parce14 and Parcel5 at such time as interior roads aze connected to Parcel 2
through each Turnaround, respectively. The Turnarounds may be used by
Grantor for a.ny purposes not inconsistent with this Easement.
2. Dedication to Homeowners Associatson. Grantor hereby
consents and agrees, without the necessity of any further act or deed, to the
dedication of the Easement to any homeowners or similar association whose
. members are the owners of lots in Parcel 2 provided that such association is
obligated to maintain the Tzrnarounds a.nd provided, further, that such
association and all of the owners of all or a.ny portion of Parcel 2 shall
~
R. E. Exc' Tax Exempt /
Qate (S 19
CONSTR.UCTION EASEMENT an ount§ TreaS.
Page 1
indemnify, defend and hold Grantor hazmless from any costs, dam.ages,
' expenses or liability arising from the exercise of rights under the Easement.
3. Termination of Easement. The Easement shall terminate, as to
each Turnaround, at such tame as the road from Parcel 2 enterin.g into such
Turnazound connects to an i.nterior road (which may be a private or public
road) of the adjacent Parcel 4 or Parcel 5, as the case may be, and all of the
owners of lots in Pazce12 are legally entitled to use such interior road of the
adjacent Parcel4 or Parcel5, as the case may be, for purposes of i.ngress and
egress to Parcel2.
4. Sketch. For illustrative purposes only, a sketch of the
Turnazounds is attached as Eshibit C.
5. Covenant Running With Land. The Easement and all the
• covenants and agreements herein shall run with the land an:d be binding on
and inure to the benefit of all future owners of Parcel2, Parcel4, and Parcel
5, includi.ng the 1urnarounds, in accordance with the terms of this
instrument.
Dated: April ~ 1995.
STANTON DEVELOPMENT COMPANY ON ITS OWN BEHALF
AND AS NONIINEE FOR STANTON-SPOKANE, L.P., a Washi.ngton
limited partnership
By:, DEAN BUII.DING CORPOR.ATION, a Washington
corporation and a general partuer of Stanton
Development Compan.y
BY: ~ ~ . - f "6-. , ~
P. Edward Dean, PresidenV
By: HOUSLEY DEVELOPMENT CORPOR.ATION, a
Washi.ngton corporation and a general partner of Stanton
Develo4Ban nt Company
By: ' -
Housley, Presid nt
CONSTftUCT10N EASEMENT Page 2
STATE OF WASHINGTON )
• ) ss.
COUNTY OF KING )
On this ~~day of April, 1995, before me personally appeared
P. EDWAR.D DEAN, to me known to be the President of DEAN BUII.DING
CORPOR.ATION, a Was}ungton corporation, and BRIAN HOUSI.EY, to me
k.nown to be the President of HOUSI.EY DEVELOPMENT COftPOR.ATION,
a Washi.ngton corporation, the corporations that executed the withi.n a.nd
foregoing instrument as' the General Partners of STANTON
DEVELOPMENT COMPANY, a Washi.ngton general partnership, on its own
behalf and as nominee for Stanton-Spokane L.P., a Washington limited
partnership, and acknowledged said instrument to be the free and voluntary
act and deed of their respective corporations an.d said general and limited
partnerships, for the uses and purposes therein mentioned, an.d on oath
stated that they were authorized to execute said i.nstrument and that the
seals affixed, if any, are the corporate seals of said corporations. '
IN WITNESS WHEREOF I have hereunto set my hand and affixed my
official seal the day and year first above written.
~,~fc•~? .•RAAtSr /
~ '0`~
V ~OtAR), CAMILLETAYLOR RAL.$TON
49 Notary Public, State of Was yc? PUg`%GMy appointment expires V?/q
~ ~ OF WAS~
CONSTR.UCTION EASEMENT Page 3
' $%HIBIT "A'•
PaRC$L 2-Ai
11 portion of the South Half of the Southwest Quarter and Government Lots 5
and 6, of Section 8, T.25 N., R.45 E., W.M., County of Spokane, State of
Washington, more particularly described as follows:
Beginning at the Southwest Corner of said Section 8; thence
N.00035103"W. along the'west line of said Section a distance of 958.93
feet; thence N.89024157"E. a distance of 30.00 feet to the Southwest
corner of Parcel "B", as described in Statutory Warranty Deed recorded
under Auditor's Document No. 9405120394; thence N.8902310611E. along
the south line of said Parcel "B" a distance of 369.88 feet (Record
370.00 feet) to the Southeast Corner of said Parcel "B"; thence
N.00034105"W. along the east line of said Parcel "B" a distance of
16.81 feet to the beginning of a non-tangent curve concave to the
northwest having a radius of 672.00 feet (from which a radial line
bears N.69054f0211W.); thence northeasterly along said curve through a
central angle of 20°05'55" an arc distance of 235.73 feet; thence
N.60000102"E. a distance.of 421.96 feet to the TRUE POINT OF
BEGINNING; thence continuing N.60000'02"E. a distance of 86.08 feet;
thence S.29059158"E. a distance of 159.08 feet; thence N.60000'0211E. a
distance of 269.96 feet; thence N.29059158"W. a distance of 83.51
feet; thence N.5100711911W. a distance of 66.19 feet; thence
N.27015146"W. a distance of 13.00 feet; thence N.4003011511E. a
distance of 132.59 feet; thence N.18008102"E. a distance of 141.63
feetp thence N.0900415411W. a distance of 437.99 feet; thence
N.34031154"W. a distance of 39.57 feet; thence N.0604312811W. a
distance of 120.00 feet; thence N.02007'23^W. a distance of 100.28
feet to the southerly line of Parcel "A", as described in a Statutory
Warranty Deed recorded under Auditor's Document No. 9405120394; thence
along the southerly line of said Parcel "A" S.8004015711W. (Record
S.810161W.) a distance of 556.39 feet to the northeasterly corner of
Parcel "D" of said Statutory Warranty Deed; thence 5.6602415711W. along
the easterly line of said Parcel "D", a distance of 345.47 feet;
thence S.32018111"E. a distance of 181.40 feet; thence S.1202113411W. a
distance of 29.18 feet to a point hereinafter referred to as POINT
"A"; thence continuing 5.12021134"W. a distance of 29.18 feet; thence
5.50020123"E. a distance of 132.50 feet; thence S.0101214711W. a
distance of 71.97 feet; thence 5.89025155"W. a distance of 110.00 feet
to the beginning of a non-tangent curve concave to the southwest
having a radius of 342.50 feet (from which a radial line bears
S.64013128"W.) thence southerly along said curve through a central
angle of 05026101" an arc distance of 32.48; thence N.8902515511E. a
distance of 95.20 feet; thence N.6003610111E. a distance of 45.11 feet;
thence N.65009140"E. a distance of 130.00 feet; thence S.2405012011E. a
. distance of 110.00 feet; thence S.28014149"E. a distance of 17.53 feet
to a point hereinafter referred to as POINT "B"; thence continuing
S.28014149"E. a distance of 17.53 feet; thence S.24050'2011E. a
distance of 110.00 feet; thence S.65009'40"W. a distance of 120.00
feet; thence S.49055'47"E. a distance of 71.10 feet; thence
5.29059158"E. a distance of 110.00 feet; thence 5.7404314311E. a
distance of 24.63 feet to a point hereinafter referred to a POINT "C";
thence continuinq 5.74043143"E. a distance of 24.63; thence
S.29059158"E. a distance of 118.00 feet to the True Point of
Beginning;
Containing 15.61 Acres, more or less
PA12C8L 2 -B :
A•portion of the South Half of the Southwest Quarter and Government Lots 5
and 6, of Section 8, T.25 N., R.45 E., W.M., County of Spokane, State of
Washington, more particularly described as follows:
Beginning at the Southwest Corner of said Section 8; thence
N.00035103"W. along the west line of said Section a distance of 958.93
feet; thence N.8902415711E. a distance of 30.00 feet to the Southwest
corner of Parcel "B", as described in Statutory Warranty Deed recorded
under Auditor's Document No. 9405120394; thence N.890231106"E. along
the south line of said Parcel "B" a distance of 369.88 feet (Record
370.00 feet) to the Southeast Corner of said Parcel "B"; thence
N.00°34105"W. along the east line of said Parcel "B" a distance of
16.81 feet to the beginning of a non-tangent curve concave to the
northwest having a radius of 672.00 feet (from which a radial line
bears N.09054102"W.); thence northeasterly along said curve through a
central angle of 20005155" an arc distance of 235.73 feet; thence
N.60000102"E. a distance of 508.04 feet; thence S.29059158"E. a
distance of 159.08 feet; thence N.6000010211E. a distance of 269.96
feet to the TRUE POINT OF BEGINNING; thence S.2905915811E. a distance
of 27.00 feet; thence N.68000158"E. a distance of 61.93 feet; thence
N.75040158"E. a distance of 63.30 feet; thence N.89048100"E. a
distance of 331.53 feet; thence N.0001210011W. a distance of 119.34 •
feet; thence N.0204110311E. a distance of 60.08 feet; thence
N.0001210011W. a distance of 120.00 feet; thence N.89048100"E. a
distance of 144.50 feet; thence N.00012100"W. a distance of 110.00
feet; thence N.04002152"E. a distance of 17.55 feet to a point
hereinafter referred to a POINT "D"; thence continuing N.0400215211E. a
distance of 17.55 feet; thence N.0001210011W. a distance of 110.00
feet; thence N.89048100"E. a iiistance of 324.72 feet; thence
N.01031146"W. a distance of 506.09 feet; thence N.21019117"W. a
distance of 51.61 feet; thence N.56021118"E. a distance of 144.63
feet; thence N.49013154"E. a distance of 37.44 feet; thence N.67036133"E. a distance of 140.14 feet to the East line of said
Government Lot 6; thence N.01031146"W. along said east line a distance
of 67.56 feet to the Center Quarter Corner of said Section 8; thence
N.01032154nW. alonq said east line a distance of 425.52 feet to the
southerly line of Parcel "A", as described in a Statutory Warranty
Deed recorded under Auditor's Docwnent No. 9405120394; thence along
the southerly line of said Parcel "A" the following two (2) courses:
(1) S.56021101"W. a distance of 763.75 feet (Record S.550521W.,
762.20 feet);
(2) 5.63°13105"W. a distance of 685.58 feet (Record 5.630491W.,
685.80 feet);
thence S.0200712311W. a distance of 100.28 feet; thence S.0604312811W. a
distance of 120.00 feet; thence S.3403115411E. a distance of 39.57
feet; thence S.0900415611E. a distance of 437.99 feet; thence
S.1800810211W. a distance of 141.63 feet; thence S.4003011511W. a
distance of 132.59 feet; thence S.2701514611E. a distance of 13.00
feet; thence S.5100711911E. a distance of 66.19 feet; thence
S.29059158"E. a distance of 83.51 feet to the True Point of Beginning;
Containing 26.48 Acres, more or less
PARCEL 4:
A'portion of the West Half of the Southwest Quarter and Government Lots 51
of Section 8, T.25 N., R.45 E., W.M., County of Spokane, State of
.Washington, more particularly described as follows:
Beginning at the Southwest Corner of said Section 8; thence .
N.00035103"W. along the west line of said Section a distance of 958.93
feet; thence N.89024157"E. a distance of 30.00 feet to the Southwest
corner of Parcel "B" as described in Statutory Warranty Deed recorded
under Auditor's Document No. 9405120394; thence N.89023'06"E. along
the south line of said Parcel "B" a distance of 369.88 feet (Record
370.00 feet) to the Southeast Corner of said Parcel "B"; thence
N.00034105"W. along the east line of said Parcel "B" a distance of
16.81 feet to the TRUE POINT OF BEGINNING; thence continuing
N.00034'05"W. along said east line a distance of 633.36 feet to the
Northeast•corner of said Parcel "B"; thence S.89023'24"W. along the
north line of said Parcel "B" a distance af 170.13 feet to the east
line of Parcel "C" of said Statutory Warranty Deed; thence
N.00035122"W. along said east line a distance of 199.97 feet (Record
200.00 feet); thence S.89025119"W. along the north line of said Parcel
"C" a distance of 199.91 (Record 200.00 feet) to the east riqht of way
line of Barker Road; thence N.00035103"W. along said right of way a
distance of 183.65 feet to the southerly line of Parcel "D" of said
Statutory Warranty Deed; thence S.85035103"E. along said.southerly
line of Parcel "D" a distance of 300.00 feet; thence N.34024'57"E.
along the easterly line of said Parcel "D" a distance oE 190.00 feet;
thence N.66024157"E. along said easterly line a distance of 3.77 feet;
thence S.32018111"W a distance of 181.40 feet; thence S.1202113411W. a
distance of 29.18 feet to a point hereinafter referred to as POINT
"A"; thence continuing S.12021134"W. a distance of.29.18 feet; thence
S.50020'23"E: a distance of 132.50 feet; thence S.01012147°W'. a
distance of 71.97 feet; thence.S.89025155"W. a distance of 110.00 feet
to the beginninq of a non-tangent curve concave to the southwest
havinq*a radius of 342.50 feet (from which a radial line bears
•S.64013128"W.) thence southerly along said curve through a central
angle of 05026101" an arc distance of 32.48; thence N.8902515511E. a
distance of 95.20 feet; thence N.60036101"E. a distance of 45.11 feet;
thence N.65009140"E. a distance of 130.00 feet; thence S.2405012011E. a
distance of 110.00 feet; thence S.28014149"E. a distance of 17.53 feet
to a point hereinafter referred to as PoINT "8"; thence continuing
5.28014149"E. a distance of 17.53 feet; thence 5.2405012011E. a
distance of 110.00 feet; thence S.65009140"W. a distance of 120.00
feet; thence S.49055147"E. a distance of 71.10 feet; thence
S.29059158"E. a distance of 110.00 feet; thence S.7404314311E. a
distance of 24.63 feet to a point hereinafter referred to as POINT
"C"; thence continuing S.74043143"E. a distance of 24.63 feet; thence
S.29059158"E. a distance of 118.00 feet; thence S.6000010211W. a
distance of 421.96 feet to the beginning of a curve concave to the
northwest having a radius of 672.00 feet; thence southwesterly along
said curve through a central angle of 20005155" an arc distance of
235.73 to the True Point of Beqinning;
Containing 10.89 Acres, more or less
PARCEL 5s
A.portion of Government Lot 6, of Section 8, T.25 N., R.45 E., W.M., County
of Spokane, State of Washington, more particularly described as follows:
Beginning at the Southwest Corner of said Section 8; thence
N.0003510311W. along the west line of said Section a distance of 958.93
feet; thence N.89024"57"E. a distance of 30.00 feet to the east right
of way line of Barker Road to the Southwest corner of Parcel "B" as
described in Statutory Warranty Deed recorded under Auditor's Document
No. 9405120394 in the Spokane Auditor's Office; thence N.890231106"E.
along the south line of said Parcel "B" a distance of 369.88 feet
(Record 370.00 feet) to the Southeast Corner of said Parcel "B";
thence N.0003410511W. along the east line of said Parcel "B" a distance
of 16.81 feet to the beginninq of an non-tangent curve concave to the
northwest having a radius of 672.00 feet (from which a radial line
bears N.0905410211W.); thence northeasterly along said curve through a
central angle of 20005155" an arc distance of 235.73 feet; thence
N.6000010211E. a distance of 499.04 feet; thence S.29059'58"E. a
distance of 159.08 feet; thence N.60000102"E. a distance of 269.96
feet; thence S.29059158"E. a distance of 27.00 feet; thence
N.68000158"E. a distance of 61.93 feet; thence N.7504015811E. a
distance of 63.30 feet; thence N.89048100"E. a distance of 331.53 feet
to the TRUE POINT OF BEGINNZNG; thence N.0001210011W. a distance of
119.34 feet; thence N.02°41103"E. a distance of 60.08 feet; thence
N.00012100"W. a distance of 120.00 feet; thence N.8904810011E. a
distance of 144.50 feet; thence N.0001210011W. a distance of 110.00
feet; thence N.04002152"E. a distance of 17.55 feet to a point
hereinafter referred to as POINT "D"; thence continuing N.0400215211E.
a distance of 17.55 feet; thence N.00012100"W. a distance of 110.00
feet; thence N.89048100"E. a distance of 324.72 feet; N.01131'46"W. adistance of 506.09 feet; thence N.21019117"W. a distance of 51.61
feet; thence N.56021118"E. a distance of 144.63 feet; thence
N.49013154"E. a distance of 37.44 feet; thence N.67036133"E. a
distance of 140.14 feet to the East line of said Government Lot 6;
thence S.0103114611E. along said east line a distance of 1265.76 feet
to the south line of said Government Lot 6; thence 5.89048'00"W.
along said south line a distance of 752.75 feet to the TRUE POINT OF
BEGINNING;
Containing 12.56 Acres, more ar less
. .
• ESHIBIT B
LSGAL DESCRIPTION
FOR
TIIRNAROIIND $A8ffiffiNT8
TURNAROUND "A" .
A turnaround easement over a portion of Government Lot 5 of
Section 8, T.25-N., R.45 E., W.M., County of Spokane, State of
Washington, described as follows:
Beginning at the above described Point "A"; thence
N.12021'34"E. a distance of 29.18 feet; thence N.32°18'il"W.
a distance of 51.83 feet; thence 5.57041149"W. a distance of
150.27 feet; thence S.32018111"E. a distance of 150.00 feet;
thence N.5704V4911E. a distance of 127.69 feet; thence
N.50020123"W. a distance of 59.59 feet; thence N.12021'34"E.
a distance of 29.18 feet to the Point of Beginning
TURNAROUND - n g n
A turnaround easement over a portion of Government Lots 5 of
Section 8, T.25 N., R.45 E.,*W.M., County of Spokane, State of
Washington,.described as.follows:
- . . , _ , . • . :,ti . •
Beginning at the above described Point "B"; thence
N.28014149"W. a distance of 17.53 feet; thence N.24050'20"W.
a distance of 57.50 feet; thence S.65009140"W. a distance of
150.00 feet; thence S.24050120"E. a distance of 150.00 feet;
thence N.65009140"E. a distance of 152.08 feet; thence
N.24050120"W. a distance of 57.50 feet; thence N.28014149"W.
a distance of 17.53 feet to the Point of Beginning
TURNAROUND "C"
A turnaround easement over a portion of Government Lot 5 of
Section 8, T.25 N., R.45 E., W.M., County of Spokane, State of
. Washington, described as follows:
Beginning at the above described Point "C"; thence
N.74043143"W. a distance of 24.63 feet; thence N.29059'5811W.
a distance of 57.50 feet; thence 5.60000102"W. a distance of
150.00 feet; thence 5.29059158"E. a distance of 150.00 feet;
thence N.60000102"E. a distance of 184.67 feet; thence
N.29059158"W. a distance of 57.50 feet; thence N.74043143"W.
a distance of 24.63 feet to the Point of Beginning
" -
• TURNAROLJND "D" '
A turnaround easement over a portion of Government Lot 6 of '
Section 8, T.25 N., R.45 E., W.M., County of Spokane, State of
•Washington, described as follows:
- Beginning at the above described Point "D"; thence
N.0400215211E. a distance of 17.55 feet; thence N.00012'0011W.
a distance of 57.50 feet; thence N.89048100"E. a distance of
'150.00 feet; thence S.00012'0011E. a distance of 150.00 feet;
thence S.89048100"W. a distance of 152.60 feet; thence
N.00012100"W. a distance of 57.50 feet; thence N.0400215211E.
a distance of 17.55 feet to the Point of Beginning
v .
EXHIBIT C
{
TURNAROUND - ~ PARCEL 2-8
EASEMENT A
PARCEL 2-A '
~ TURNAROUND
TURNAROUND ~ EASEMENT 0
FJA,SEMENT B PARCEL 5 PAF CEL 4
RNAR
EASEENTUND • ~
* ~ -
Y PARCEL 3 PARCEL 6 PARCEL 1 -
i
J
K~
, the occupants orsurrounding property. No illegal, illicit, noxious or offensive activity
shall be carricd on within the Conu»unity, nor shall anything be done tending to cause
embarrassment, discomfort, annoyance, or nuisance to any Person using any property
within the Community. Without limiting the generality of the foregoing, no speaker, -
horn, whistle, siren, bell, amplifier or other sound device, except such devices as may be
used exclusively for security purposes, shall be located, installed or maintained upon the
exterior of any Lot unless required by law or unless specifically approved by the
Architectural Review Committee.
6.11 Unsiehtlv or Unkemnt Conditions. The pursuit of hobbies or other
activities, including specificalty, without limiting the generality of the foregoing, the
assembly of and disassembly of motor vehicles and other mechanical devices, which
might tend to cause disorderly, unsightly, or unkempt conditions, shall not be undertaken
outside of homes or garages. Garage doors shall be kept closed at all times unless they are
in use. In addition, the storage of equipment, machinery, constructions supplies or any
similar material on a Lot outside of the home and garage constructed thereon is strictly
prohibited except as required during the remodeling or refurbishing of improvements on
such Lot and then for not more than sixty (60) days.
6.12 Aritennas. No television or radio antenna, tower, satellite dish, or exterior
antenna of any kind shall be placed, allowed, or maintained upon any Lot or any portion
of the Community without the prior written consent of the Architectural Review
Committee. Each Owner and Occupant acknowledges that this provision benefits all
Owners and Occupants and each Owner and Occupant agrees to comply with this
provision despite the fact that the erection of an outdoor antenna or similar device would
be the most cost-effective way to transmit or receive the signals sought to be transmitted
or receivecl.
6.13 Iree Removal. No trees that are more than six (6) inches in diameter at a
point three (3) feet above the ground shall be removed without the prior written consent
of the Architectural Review Committee. Notwithstanding all of the above, no consent or
approval is required for the removal by an Owner of any trees, regardless of their
diameter, that are located within ten (10) feeC of the Owner's residence.
6.14 Drainagg. Catch basins and drainage areas are for the purpose of natural
flow of water only. No obstructions or debris shall be p(aced in these areas. No Owner
or Occupant may obstruct or re-channel the drainage flows after location and installation
of drainage swales, storm sewers or storm drains. Declarant hereby reserves for the
benefit of Declarant and the Association and their respective successors and assigns a
perpetual easement across all Common Areas and Lots for the purpose of maintaining or
altering drainage and water flow.
6.15 Sieht Distance at intersections. All property located at street intersections
shall be landscaped so as to permit safe sight across the street corners. No fence, wall,
hedge or shrub planting shall be placed or permitted to remain where it would create a
Riverwalk.C C Rs page 16 oj32
914078 14964-2 AV203, DOC 7/11/95
4083784
Pege: 1 of 3
43112(1997 03;13P
iHIA! O'.. ~ FI : AS Spakane Co, NA •
inland PaciYic Er►gineering, Inc.
707 W. 7th, suite 200 '
Spokane, WA 99204
(509) 458-6840
TEMPORARY TURNAROUND EASEMENT
Reference I
Grantor(s) ;~Tt~rJ- S~~¢. L. P .
Grantee ( s ) ~12wAC..k-- F4mros (7 ~Tr %-s--A~-w,.LATi 0'n
Legal Deacription:
Lot Blxk Plat Qtr/Qtr__IJU)/4 Swlt
Section S~ Township a S Ranqe_YO•E• ExcWe 7ax Facempt
Demc
Parcel 2-1911.-
# .SS'n~3•9~~ ~ r-tTSV, In the matter of Riverwalk Lane, K'r10W ALL iiLPI ES~ITS, ,
that the Grantor, STANTON - SPOKANE L.P.. A Washington Limited i
Part nershig for and in consideration of Mutual Henefita, the ~
receipts of which is hereby acknowledqed, grants to the Riverwalk
owners Association, A Homeowners Association as created by ~
document recorded July 25, 1995 under State UBI Number 601-645-• ~
799, an Easement over, upon and across the temporary turnaround, leqally described as follows:
A Temporary Turnaround Easement over a portion of Government Lots
5 and 6, of Section 8, T.25 N., R.45 E., W.M., County of Spokane, ~
State of Washington, more particularly described as follows: ,
'
Beginnfng at the most northerly corner of Tract "H" of
RIVERWALK FIRST ADDZTION according to the plat recorded in
Book 23 of Plats, Pages 37 though 40; thence N.2205615911W. a ~
f
distance of 689.05 feet to the TRUE POINT OF BEGINNING of
this easement description; thence 5.77°4014911W. a distance !
of 150.00 feet; thence N.12°19'11"W. a distance of 150.00 ~
feet; thence N.77040149"E. a distance of 190.57 feet; thence ~
5.12019117"E. a distance of 57.50 feet; thence S.7704014911W. ~
a distance of 40.57 feet; thence 5.12°19'li"E. a distance of
92.50 feet to the True Point of Beginning
Said Temporary Turnaround Easement is hereby granted to Riverwa2k
Owner's Association, until such time as Riverwalk Lane continues ~
and the areas of the easement has been platted, at which time the
Temporary Turnaround Easement will be terminated.
This temporary Turnaround Easement replaces the Temporary ~
Turnaround Easement filed December 2, 1996 under Auditor's File '
No. 1 4058469 and is being filed to correct a legal description ~
error. Said Temporary Turnaround Easement filed under Auditor's ~
File No. 4058469 is considered null and void. - ~
1
% ~1+t~cLYt~ ~c~tG3~ ~~iYd~~YiVI~ C-O -
~5u1[-[_ 2ap
August 7, 1996
' 4D58469
Pap: 1 of 2
12I0211998 a11P
I11~HU [ ; FA5 S93 kdant Ca. i1
TZ![PORARY 'Pi7RHARDUND RAB$!i$T1T
In the aaatter of Rivarriaik Lang, KNOW AI.L MSH SY THESE PRESEHTS,
that the Grantnxr STAH=H - spog&Hj_jL,.p.. A lisMinpton Limited
Fartnershin for and in conaideration aP Mutual Benefits, the
receipte vf which fs hereby acknawledged, grants to the RiVerwalk
Dwngra Assaciation, A Hosnenwners Associstion as created by
document recorded July 75. 1995 under State t]}3I Alumber 601-645-
759, a,n Easemant over, ugan and aclrnss the tempnrary turnarouu7d,
legally descrfbed as fvllows:
A Tempvrary Turnarount3 Easement over a portion of Govearnment Lots
5ans3 fi, of Sect$an 8, T.25 H., R.45 E., W.A4., County of Spokane,
State of Washingtvn, mvre partivularTy descri]oed as follows:
Beginning at the mnst northerly corner of Tract "tiI! of
RIYTRWALK P'TRST APDTTIRH according ta the plat recarded in
Svak 23 et Plats, Faqes 37 though 40; thence H.29059043"W, a
distance of 689.05 feet to the TAUE PQINT OF BEGINHiHG of
this eseement descrigtion; thencs s.77940149"W. a distance
of 150.00 feet; thenre H.12019'11"W, a dfstance of I5fl.00
feet; thenee N.77040144°E. a distance of 190.57 feet; thence
5.120151117"E. a d1stariCg of 57.50 PBetj theriC@ S.77040149"W.
a distanCe of 40.57 PeQt; thenae &.12°I9'll"E. $ distance of
92.50 feet to tha True Point of Seginning
Said Temparary Turnaround Easement is herekay granted ta Rivarsraik
Owner•s Association, uatil $uch tims as Riverwalk Lane continuea
snd the arsas of the easement has been platted, at which time the
Tempplrary TurtYarcrund Easement wi1l De terminated.
TN WITNE85 W[3ER$OF, t.he uadersigned has cauaed this instrument.to
13e executed on thia _Z111'r . day of _Mkiine- ~,99
.
STANTOH-SPOI{AH8 I., P. ,
A WashLnqton Limited Partnership
SY: STANTON DBVELDPMEHT LOMPANYs A Washingtan GBtleral
Partnership
ITS 6eneral Partner
BY: HOIISLEY DEVELAFPEHT CORP[lRATION, A Washington
cvrparation,
R,F. Exmn - Partner
Dat& /'r'.' ^ 79 ilz .
S T ur8r BY :
~~nt
-7 TTS ~ '^l1S ~
SY: 1ZEAN $UILDIP[G CORPC7RATIONr A Washinqton
Corpvration
Partner
Bx: ITs
~
ACIQdOWLEIIGMENTS
STATE OF WASHINGTON )
jss
County of _ZIAL~G, )
On this a?/sr day of o~ , , 19 5 t, bePore me, the -16 underaiqned, a Notary c n anfl for the State of Washinqton,
personally appeared to me known
to be the ogtgs,n r.v r of DEAtJ BUILDING CORPORATiON, a
Washington Corporation, and partner of STANTON DEVELOPMENT
COMPANY, a Washinqton General Partnership who is the General
Partner of STANTON-SPORANE L.P., a Washington Llmited Partnerahip
that exacuted the within and foregoing instrument, and
acknowledged the said instrument to be the free nnd voluntary act
and deed of said partnership, for the uses and purposes therein
mentioned, and on oath atated that he is authorized to execute
the said instrumeat and that the seal afPixed (!f any) is the
corporation aeal of said corporation.
Given under my hand and official seal the @ay and year last above
written.
s~~a#~f~R 4y~~ ~ f,~--
,10NN l~
OT Y tJBLiC in and for the State of
~ .opoT~wr9,~ Washinqton, residing at Gr,vn~woaa
My commission expires G-~S'• leen
.'-00 •aG :
F. .
p^ • ~~i5~„
STATE OF WASHINGTON )
) sa
County of
On this Aisr day of ~t/o✓t.aeF.e , 19 5 e , before me, the
undersigned, a Notary Public ia and for the 8tate of Washinqton,
personally appeared &.a.v to me known
to be the r..ir of HOUSLEY DEVEIAPMENT CORPORATION,
a Washinqton Corporation, and partner of 6TANTON DEVELOPMENT
CoMPANY, a Washinqton General Partnership who is the General
Partner of STANTON-SPOKANB L.P., a Washington Limited Partnership
that executed the within and toreqoing instrument, and
acknowledged the said inatrument to be the free and voluntary act
and deed of said partnership, for the uses and purposes therein
mentioned, and on oath stated that he is authorized to execute
the said instrument and that the seal afPixed (if any) is the
corporation seal of said corporation.
Given under my hand and official seal the day and year last above
written.
i
,~i~F~•L:sf!pV, NOTARat LIC In and Yox the State of
~.•'t~4g•:pE`~'% Washington, residinq at 4v,1,vvo,o.n
;~~WOT~RY'~, ; ~ My commisaion expires &
s~. punu~ 06. i~ • . ~ ~
'~0
' ~
4058469
Pege: 2 of 2
- 1210111996 03:11P
rti im r, ctr. AS sa a saftle co. a
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~
• ~i, ~ G.~ 1 w ~ • f 7' v
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- - - - - - - - - - - - - - - - - - - -
12/0511996' • 08o35AM '
• RECEIPT # 177173 .
S POK flNE' COl1NTY ,
. AU,DITOR - ,
SFQI:A~tE • CO~UNTY,. WA . FRQM o CO ENGr
BY RHOY . • • '
FILE NOe: 4059272 ' # Fqa: 3
DOC.e (GOV) COVENANT (NO CHARGE)
' 'DOCIIMEiVT'FEE: ' 10.00
;.'TCITAL ND CHARGE FEE . 10.00
. .
' • TOTAL •F:ECDRDING• FEE • 10.00
.,..F.._ . .
- - , , : . r----------- -
CHANGE 0.00
W FCECEIFT
~ ~ .
• '
DECLARATION OF COVENANT
In consideration of the approval by Spokane County of P1414D, RIVERWALK P.U.D., STH ADDITION
(hereinaCter refened to as the "Plat"), the undersigned covenants and agrees t6at:
1. The subdivider/spoasor will construct the private roads and associated drainage facilities in
• conformance with the approved plans on fde in the County Engineer's Office.
2. A lot is served by the private road when: (a) the only road frontage for the lot in the Plat is on the
private road; or (b) a lot having frontage on more than one road (public or private) constructs an '
approach to the private road.
3. THE RIVERWALK OWNERS ASSOCIATION or its successors in interest shall maintain the private
roads and associated drainage [acilities in conformance with the approved plans on file in the County
Engineer's Office.
4. The owner(s) of any lot created by the Plat or alteration thereof and served by a private road shall be
responsible for maintenance of said private road, including associated drainage facilities, in confromance
with approved plans on file with the County Engineer's Office.
5. Maintenance Financing of the private roads and associated drainage faciGties shall be in a manner
determined by RIVERWALK OWNERS ASSOCIATION or their successors in interest.
6. Should RIVERWALK OWNERS ASSOCIATION be terminated for any reasons, the successors in
interest shall be the iadividual lot owners, or t6eir successors in interest, who are members of
RIVERWALK OWNERS ASSOCIATION at the time of said lcrmination.
7. In the event such private road including associated drainage facilities is improved to Spokane County
standards [or pubGc streets, and the County is willing to accept the dedication of such road and
drainage facilities, each lot owner shall execute any documents necessary to accomplish such dedication.
8. Owners of lots within the Plat who are served by such road, may sue and recover damages and
attorneys' fees from aoy owner of any lot within the Plat which is also served who refuses to partiapate
in the road and drainage facilities construction, financing, and maintenance.
- 9. WARMNG: Spokane County has no respoosibility to build, improve, or maintain or otherwise service
the private roads and associated drainage facilities contained within or providing service to the property
described in this Plat. By accepting lhis Plat or subsequently by allowing a building permit to be issued
for property on a private road, Spokane County assumes no obligation for said private road and the
owners hereby acknowledge that the County has no obligation of any kind or nature whatsoever to
establish, examine, survey, construct, alter, repair, improve, maintain, provide drainage or snow removal
on a private road or its associated drainage facilities.
10. Spokane County is hereby granted the right of ingress and egress to all private roads and/or drainage
easement, for the purpo5e of inspection and emergency maintenance of drainage swales, and any other
drainage facilities, if not property maintained by the RIVERWALK OWNERS ASSOCIATION, or
theu successors in interest. Spokane County does not accept the responsibility to inspect and roaintain
the drainage easements or drainage swales, nor does the County accept any liability for failure by the
RIVERWALK OWNERS ASSOCIATION, or their successors in interest to properly maintain such
areas.
11. The lot owners within this Plat shall be held responsible for keeping open and maintaining the surface
path of natural or man-made drainage tlow over and across their respective properties.
12. The lot owner or his representative shall inform each succeeding purchaser of all drainage easements on
the property aod of his responsibility for maintaining surface drainage paths and swales within said
easemenls.
1
' H
. ~ . ~
13. The RIVERWALK OWNERS ASSOCIATION, or their successors in interest, shall maintain all water ~
quality treatment swales ("208" swales") and drainage ditches situated within this Piat, and any portion of
a 208 swale situated in the pubGc right-of-way adjacent to this Plat, with a permanent ground cover as
specified on the current approval plans on file with the County Engineer's Ofriee. The RIVERWALK
OWNERS ASSOCIATION, or their successors in interest, may install approved shrubbery and/or trees
which do not obstruct the flow and percolation of storm drainage water in the 208 swales and drainage .
ditches, as indicated by the current approved plans on fde wit6 the County Engineer's Ofrice.
14. Spokane County does not accept the responsibility of maintaining the drainage course on private lots
within drainage easements or floodplain areas, nor the responsibility for any drainage, whatsoever,
including but not limited to inverse condemnation to any properties due to deficient construction and/or
maintenance of drainage courses in drainage easements on private property.
15. Whenever the RIVERWALK OWNERS ASSOCIATION or their successors in interest fail to maintain
the drainage facilities in conformance with the approved drainage plan, a notice of such failure may be
given to the RIVERWALK OWNERS ASSOCIATION or theu successors in interest, by the County.
If not corrected within the period indicated on said notice, the Couaty has the right to correct the
maintenance failute or to have it corrected at the expense of the Homeowner's Association, or their
successors in interest.
16. Any building that is constructed on a lot in this Plat shall be set at such an elevation so as to provide
positive drainage away from any drainage entry point to the building (including but not limited to a
window well, a window unprotected by a window well, or a doorway). Said positive drainage shall
consist of a minimum slope of 3% away from the building for a distance of at least 10 feet from the
' building. The lots shall be graded so that either a) all runoff is routed away from the building, and
conveyed over the lot to a natural drainage swales or approved drainage facility, or b) drainage
intercepted on the lots is disposes of on the lot in an approved drainage facility. The approved drainage
facility shall be constructed in accordance with t6e approved plans on file at the County Engineer's
Office. Any revisions to the approved drainage plans must be approved by the County Engineer's ,
Office prior to construction of said revisions.
17. This covenant and agreement shall run with the land and shall be binding upon the owner, their heus,
snccessors or assigns, iacluding the obligation to pardcipate in the maintenance of the private road and
drainage facilities as provided herein.
Dated this Z1 `0- day of ~L43" &_V_ , 19~.
STANTON-SPOKANE L.P.,
A Washington Limited Partnership
BY: STANTON DEVELOPMENT COMPANY, A Washington General Partnership
ITS General Partner
BY: HOUSLEY DEVELOPMENT CORPORATION, A Washington Corporation,
Partner
BY:
ITS
BY: DEAN BUILDING CORPORATION, A Washington Corporation
Paztner
~ `d ` • -
BY:
ITS
, 2 . .
~
. . . .
ACKNOWLEDGMENTS
STATE OF WASHINGTON )
)ss
County of e,,,ie, )
On this /sr day of No✓s.,qd f ~e , 19 9e, before me, the undersigned, a Notary Public ia and for the
State of Washington, personally appeared 15".l , to me knovm to be the /~izrs.~~Nr of
DEAN BUILDING CORPORATION, a Washington Corpora6on, and partner of STANTON
DEVELOPMENT COMPANY, a Washington General Paztnership who is the General Partner of STANTON-
SPOKANE L.P., a Washington Limited Partnership that executed the within and foregoing instrument, and
acknowledged the said instrument to be the free and voluntary act and deed of said partnership, for the uses and
purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument and that the
seal afE'ixed (if any) is the corporation seal of said corporation.
~ttoallltrlil~
L,
Given under my hand and official seal the day and year last above written.
~\S51oNor~
' • c.~ f~~~~ ~ . ~ ~ Q ~pTAri
NdI'AAV-PUBLIC in and for the State of Z N: e-`~ ~
Washington, residing at
My commission expires G•is-~ooe 6 _1~:.r•-I
STATE OF WASHINGTON )
)ss
County of /<1i,1e;, )
On this oZ/sr day of i1,o✓f^61,e , 19 54, before me, the undersigned, a Notary Public in and for the
, State of Washington, personally appeared _,&gj&jV ffoust ts • to me kaown to be t6e /~.~ESi~s~vr of
HOUSLEY DEVELOPMENT CORPORATION, a Washington Corporation, and paztner of STANTON
DEVELOPMENT COMPANY, a Wastungton General Paztnership who is the General Partner of STANTON-
SPOKANE L.P., a Washington Limited Partnership that executed the within and foregoing Snstrument, and
acknowledged the said instrument to be the free and voluntary act and deed of said partnership, for the uses and
purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument and that the
seal affixed (if any) is the corporation seal of said corporation.
`illiff1l►ij,~r
•,~~~a~F R L~ h,O
s
Given under my hand and official seal the day and year last above written. J*
n •(v. g10N ' i
~ 1 • > J{` f,o . t~` .
: ; ~NoT~Ry'~ : :NO'~ARy PUB in and for the State of ~ • c,°~ `~v, • ~
• • '
Washington, residing at GY,v,v~✓d"
My commissioo expues z. ir -~4 Oe ~;~0:
I~ ~
~~~4, CjF • W
1 1*41111is1%%
3
, - ~ cw~ E ✓w , Zn 4 ~
, dft ~ .
PM JOB #
Spoicane County Engineering Dtpxrtment .
1026 W Brvadway '
Spokane, WA 99260 h.t Iniiials
~
. Fax Cover Sheet i
i .
OATE: August 23, 1996 TIME: 12:55 PM
TO: BJ PHONE:
FAX: 4586844
FROM: Ed Parry PMONE: (509) 456-3600 •
FAX: (509) 324-3478
RE: Drainape Language for Rivervvalk 4th and 5th
CC:
Numbor of pagts including cover thavt: 6
Originsl to be sent via mail: No
Masage ~
Sth shau~ld have the same languagt. ~
S
~
~ .
~
~
c7~
RECEIVED
NOV 1 5 1996
SPOIUNE CJUirTY ENGIMEER
, ..o OFFICE OF THE COUNTY ENCINEER
Sgokane Counry, Washington
August 17, I996
To:
Frnm: Development Engineering Scrvices
RE: Laaguage for P.U.D. Plat Dedication & Covenauts
Project tfP1414C, Riverwalk 4t6 Addition
The private roads andlor common areas shown on this plat are hereby dedicated to the
created by document recorded under
t.M,.,
Auditor's document number .
'fhe privatc roads, as shown hereon, arc easements which providc a means of ingress and egress
for thosc lots within the Plat having frontage thereon.
/
~J The private roads and/or common azeas cannot be sold or transferred, regardless of any
provisions in the covenants to thc concrary, without express approval by Spoicane County,
and shali be oonsidered subservicnt estates for tax parposes to the other lou created herein.
~
Drainage easements, as platted and shown hereoa, which are for thc purpose of installing,
operating, and maintaining draina.ge swalcs and drainage facilities to dispose of runoff, arc
hereby granted to the
,
or its successors in interest.
This Plat is subject to the separaee DECI.AYtATION OF COVENANT as recorded
under
~
Auditor's Document No.
which by rcferetce is ma,de a part hereof.
{WARMNG: The draft coven$nt must be approred by t6e County Engiaeet's Uff'tce
PRIOR to recocding the covenant!}
DECLARATION OF COVENANT
.
ln consickncioa of the apprw+l by Spolcanc Counsy iTf P1114C, Riverwaac P.U.D., 4tb Add'utoa,
(beteinafaet teferml to as the 'Plat'). the un8eisigDcd cavemotb uW agraes thu:
1. 'ITx subdivtdtr/qu=or wiU consauct the privax ratds aod auociated dtaiaage tacilidts in coafatm+utx
wirb the approved plaas on filc ia the Comcy Paginrzr's Office.
2. A tot is saved by a privite rocd wLw: a. the oafy tosd fronrase fw the loc in tl+c Plat Ls on the private
rad. or: b. a ta having Ucnnmge ua mcue chau vne road (public ar pnvaae) comaucts sii appraoch W the
privatt [Wd.
3. Tht Rivcrwallc HoIIeo Ownc= Associadon ac in succcas.xs in imrrcst shaU maintain the private cva& and
associacod driinaSe facilida in cofliflmnu+oc with the approved plam ou file ia the County fiaginoer's
Office.
4. The owocr(s) of any !vt cc+ea[ed by the P1u or alocndon thcteuf wd serveci by a private road sdall bc
mpom7blc foc main«*scc of Seid priva0e toed, irKlnding asaocuad draiaoge faciliaes, ia confctmsnoe
wiih appraved plaas ao Fk with the Couacy EnQinees's office.
S. Maintcnance 6aancing uf the privAte nnds aad a.Yaotiaced draiuage faciliries siull be in a maana
detemmnod by the Rivrnra[k Home Owa:s Association ttr tQeir succassucs itw inutest.
6. Slsould the Riveswalk FInme Owaers /►.wxciadou be termiaiud for aay rexwo, the succcsso:s iu intereu
shall he the indiv+dwal la ownets, or tLor succaso[s ia intcnst, wbo ue mcmbers ot the ItivaMralk Home
Owncsx As,sociadon xt the tinre ot sid taminstioa
7. Iu the cveat swh privue ctrad iocludinY issaiaoed dnittiage fxiliries ic improved w Spokim Couaty
snaduds for public stteecs, aad tht Couaty is willing w:xcpr the dreluaaoo of such iwd aad chaiatge
fae.~ilides, each !ut owaet shall aocutc any wmrryawe ciucioucacs necessary W su.oaiplish sucb dodiaItiun.
8. Owners uf kxs witbia the Plat wAo are sernd by suLh road may sue anJ rcwvtr damaga and attorn~,~ys•
6oes Gum aay owsu of aay !oc witbia tLc Ptu wnich ;s al,u sered wbo refusas w partidparc in ibe rosd
aud draimyje bcilides consawticm. fwaacinY, and maintenaace.
9. WARNING: Spuksne Couary haa oo rtspoudbitiry to truild, improve. or mai~tain or odwrwisc snvice
tLr private rvads. and sw..iaced dniaage fxilitie.c coalained witsin or providiag setvict to the proptrtY
dm-rihed ia the Plat. By aazptiag tLis Plu or submqutatly by ailowing a bui Wing pe:atit m be issued
foc DroptaY on a privace rosd, Spolcaoc Couaty asmmes uo obtigatinn for said private toad and the nwacrs
betsby xb+owlcdgr that tbe Couaty has ao obliguioa of aay kind of nature whatsocwet to c&ablish,
ea a^int. sucveY. wrbrnxt. aua reQair, icqrtwe. maintain. ptwide dtairagc or saow temoval on a privstc
road ar its' associaresi d:aimqe facilida.
10. Spokaae Counry is hcrehr graated cbe righs uf iagresc and egress co W1 privuc cvads aad/o[ driinage
aas=ents, foc the pu[yose ot iaspeccion aod emrrgcncy a-lo[e-ucc of draiwge swales, aud aQy atier
driinagt htilities, if nut proptrly mafnraiaetl by the Riretwalic Ho+ncowwr'x Association, ot thrir
woc+.,atics ia inmcru. Spolonc County dots aoc aaxpe the respoesibility W iatpect aod mgntsie the
dninage ezs,=w= or dtaimYe swiics, nor dnes the Cuumy bxtpt any liabiliry Eot fiilacs by tbe
Rivetwalk HcxaCUwntr's Atsociadw. or tLeir axcuson in inoa+cse ta Properiy maiwAin sWd► ueas.
11. 'IDe !vt uwoecs within thia P1u ahall be held responsible [or lrapi.nQ open and niaiataiDiag the yzfam path
af mturil or ma:►+nade d:aimge flow tmr aad across Wrir nVective pcoperDts.
U. T6e tat owatt ar his tepsamrative shai1 iaform nch ammeiing puichasec of all draiasge nsesueces oa
tbC AropatY ead of his rrsponsibility ior -iOtaiuie~ Suifut dminese patbs and nwaies WitWn srid
eaSCRIAMO.
U. T6e Rivetwdlk Homwwott's Assotiatiua or theit suocessorx ia iatecest. sfull maimain all w.aa qutliry
Qeamieat swaks ('208 a'vrales') and daiaage ditCbes sit►tatod within Iais Piat, aad any poction uf a 208
swale siautsd ia the public right-of-way adjxeat to this Plat. wiW a pemunent gnwad covec u spatified
on die wrrau approved plaao tm Ek wit6 dit Comty f.ogiaea's Of&Y. The Rivcrwalk Homoowntr'a
Assaiation, ur tbrir sucoessors in inmest, may insnll approved shnbDtry aod/or uea which Co noc
obstnict thc tluw aod persolation uf staem dcairngc wuu in ehe 208 swala and draimge dlechea. as
iadicaced by ihe cutrent zpprovul plsas oa fik wit6 the Coancy Engiaeer's Offia.
14. Spobae Cwnry does not aa.'cpt the crsparaQbility uf maiIIniaing the draimp awm oa private Iots within
Naimge racnnctits or floodptaia areas, noc the mponsihiliry for aay damaIIo, whusoeva, irkluding buc
ua limicod w inverse coudemtatiou w iay propadrs sae w defn.ica coasuucavn and/or mac ~ ot
dninW courxs in 4aiaage eawments oa privatc p=uperty.
. r. 15. Whenever !$C RtVCtWBIk HOmCOWmr's Aseociaaon. or their successvrs iu interest. fail to niaintain the
drainage fxiliacs in conformance wich the apprwecl drainage plan, a nodce of auu;h failu:,e may tx givcn
(o the Rivenxalk Hvmcownci s assaciuion, or "r avcx;zsscus in inceresc, by the Coumy. Tf nc>c wrmYCd
within the period inciiaAted ou said norice, the County tus the rigtu to correce the maintcnamc failure, ar
eo have it corrected, u the acpcase of elu Homeowner's Aa~~xaarion, Oc thtir SutCG55ors in inttrpt.
16. Auy building that is wa.tnecced on a lot in this P1Yt chall be set at svch an elrvaaon so a4 to provide
posidvC drainage avwiy from any drainage enap poira to the buildiag (including but nut limited to a window
wcll, a window unprotectal by a window weU. or a cioorway). Said posidve draimge "l eonsist of a
minimumslope of 3 96 away frcxn the building foc a dis[ana of u lcw 10 fat from the building. 'i1te lcx.i
shall be bridcd so that either a) all curwff is routsd away from the huilding, and convcyed over the la to
a natiual dninagc swalt tn approved dninage faciliry, or b) dcaimge inwnxptal on the icx is disposed of
on the loc in an approved drainage faciliry. The ippmved dcainage faciliry shill bc constaceed in
.=rdaace with the agproYCd plans on file ac che Councy Eagineer's Of6ce. Any revisiom to the approved
drainage plans must be appmvad hy tlu Counry Engincer's OfSce prior ro consuuction uf said nwicians.
17. This covrnant and agrament shall run wiW the land wd sball be binding upou the owner, thain ccira,
successors vr assigas, inctuding the oblisatiun ao participate in the maintcnanee of the priwace rvad aw
drainage fuilitirs 1s pmvided heteia.
{MIYIDUAL OR CORPORA'IE ACKiVOWLEDGEMENT}
{QVDIVIDUAL ACKNOWY.EDGFMENT}
(ligEorCl
(namt)
~}l~n1iY~
(name)
S7ATB OF WASHINGTON )
) ss
Councy of Spokanc )
1 cemfy cbac I Imow or chae 1 bave saasfuwry rideace ehae
(and ) is(src ) the Person(s) who apyeln:d btfore au . aad said pcrsoas ackaowledgod that
he(she)(tbey) sigaed this iascnieoent. on oarh swed ehac he(sbexthr7►) was(were) authorizexi w extcute the iastnmaeiu
aod ulmowlCdbcd it as his(het)(tbcir) fm and voluncary aux and deed, for the uses aW purposis staced in the
insirument.
DATED chis _ day uf , 199,
NOTARY PUBLIC in wd for
the Srace of WZShingcoa residini u . My
.
appnwuneut expircs
AtG-23-1946 13:05 .01150415 02130414e2150514 P.95
(caRPoR,a►TE AcKNowLEncnMZrrr)
(CORPORanOrt NAME)
A{name vi Sate of Iacorporacioa} {'Tppe vf Corporste Entity}
{e.g.. A Wasbiagton Limiocd Parmership}
By:
(ride)
3TaTE OF waSHIrrcrON )
Couaty of Spokum )
I cxrdfy ttiac 1 lmaw cn thac 1 have ssdsfa.'~ory evidena that
is the petsc)o wDn aQpeaced btfot+e ux . and aid persvn :c]caDwledged that he(she) sigiied thit imtivmrnt. on oath
atrced rbst 6e(she) was authorized to dxenm the iamtrumneae and ulcnowlaigtd It as the (T'itle) of
(Cecporuian ame) eo bc the Ecae aad voluntary aa of such co:po:adm for the usa and puTyuses sraced in the
Insaumcmt.
DATED thia day of , 1qq_ .
NOR'AAY PUBLIC in and fur '
the Sate of Washingooa, residing at . My
appoino¢ie°t exPires •
TOTAL P.05
~
DECLARATTON OF COVENANT •
In consideration of the approval by Spokane County of P1414D, RIVERWALR P.U.D., STH ADDITION
(hereinafter referred to as the "Plat"), the undersigned covenants and agrees that:
1. The subdivider/sponsor will construct the private roads and associated drainage facilities in
conformance with the approved plans on file in the County Engineer's Office.
2. A lot is served by the private road when: (a) the only road frontage for the lot in the Plat is on the
private road; or (b) a lot having frontage on more than one road (public or private) constructs an
approach to the private road.
3. THE RIVERWALK OWNERS ASSOCIATION or its successors in interest shall maintain the private
roads and assoaated drainage facilities in conformance with the approved plans on file in the County
Engineer's Office.
4. The owner(s) of any lot created by the Plat or alteration thereof and served by a private road shall
responsible for maintenance of said private road, including assoaated drainage facilities, in oman MQ+~
with approved plans on file with the County Engineer's Office. GON p
5. Maintenance financing of the private roads and associated drainage facilides shall be in a manner
determined by RIVERWALK OWNERS ASSOCIATION or their successors in interest.
6. Should RIVERWALK OWNERS ASSOCIATION be terminated for any reasons, the successors in
interest shall be the individual lot owners, or their successors in interest, who are members of
RIVERWALK OWNERS ASSOCIATION at the time of said termination.
7. In the event such private road including associated drainage facilities is improved to Spokane County
standards for public streets, and the County is willing to accept the dedication of such road and
drainage facilities, each lot owner shall execute any documents necessary to accomplish such dedication.
8. Owners of lots within the Plat who are served by such road, may sue and recover damages and
attomeys' fees from any owner of any lot within the Plat which is also served who refuses to participate
in the road and drainage facilities construction, financing, and maintenance.
9. WARMNG: Spokane County has no responsibility to build, improve, or maintain or otherwise service
the private roads and associated drainage facilities contained within or providing service to the property
described in this Plat. By accepting this Plat or subsequendy by allowing a building permit to be issued
for property on a private road, Spokane County assumes no obligation for said private road and the
owners hereby acknowledge that the County has no obligation of any kind or nature whatsoever to
establish, eacainine, survey, construct, alter, repair, improve, maintain, provide drainage or snow removal
on a private road or its associated drainage facilities.
10. Spokane County is hereby granted the right of ingress and egress to all private roads and/or drainage
easement, for the purpose of inspection and emergency maintenance of drainage swales, and any other
drainage facilities, if not property maintained by the RIVERWALK OWNERS ASSOCIATION, or
theu successors in interest. Spokane County does not accept the responsibility to inspect and maintain
the drainage easements or drainage swales, nor does the County accept any liability for failure by the
RIVERWALK OWNERS ASSOCIATION, or their successors in interest to properly maintain such
areas.
il. The lot owners within this Plat shall be held responsible for keeping open and maint8lIIlIIg the surface
path of natural or man-made drainage flow over and across their respective properties.
12. The lot owner or his representative shall inform each succeeding purchaser of all drainage easements on
the property and of his responsibility for maintaining surface drainage paths and swales within said
easements.
1
~
13. The RIVERWALK OWNERS ASSOCIATION, or their successors in interest, shall maintain all water
quality treatment swales ("208" swales") and drainage ditches situated within this Plat, and any portion of
a 208 swale situated in the public right-of-way adjacent to this Plat, with a permanent ground cover as
specified on the current approval plans on file with the County Engineer's Office. The RIVERWALK
OWNERS ASSOCIATION, or their successors in interest, may install approved shrubbery and/or trees
which do not obstruct the flow and percolation of storm drainage water in the 208 swales and drainage
ditches, as indicated by the current approved plans on fde with the County Engineer's Office.
14. Spokane Couaty does not accept the responsibility of maintaining the drainage course on private lots
within drainage easements or floodplain areas, nor the responsibility for any drainage, whatsoever,
including but not limited to inverse condemnation to any properties due to deficient construction and/or
maintenance of drainage courses in drainage easements on private property.
15. Whenever the RIVERWALK OWNERS ASSOCIATION or their successors in interest fail to maintain
the drainage facilities in conformance with the approved drainage plan, a notice of such failure may be
given to the RIVERWALK OWNERS ASSOCTATION or their successors in interest, by the County.
If not corrected within the period indicated on said nodce, the County has the right to correct the
maintenance failure or to have it corrected at the expense of the Homeowner's Association, or their
successors in interest.
16. Any building that is constructed on a lot in this Plat shall be set at such an elevation so as to provide
positive drainage away from any drainage entry point to the building (including but not limited to a
window well, a window unprotected by a window well, or a doorway). Said positive drainage shall
consist of a miniraum slope of 3% away from the building for a distance of at least 10 feet from the
building. The lots shall be graded so that either a) all runoff is routed away from the building, and
conveyed over the lot to a natural drainage swales or approved drainage facility, or b) drainage
intercepted on the lots is disposes of on the lot in an approved drainage facility. The approved drainage
facility shall be constructed in accordance with the approved plans on file at the County Engineer's
Office. Any revisions to the approved drainage plans must be approved by the County Engineer's
Office prior to construction of said revisions.
17. This covenant and agreement shall run with the land and shall be binding upon the owner, their heirs,
successors or assigns, including the obligation to participate in the maintenance of the private road and
drainage facilitics as provided herein.
Dated this day of
STANTON-SPOKANE L.P.,
A Washington Limited Partnership
BY: STANTON DEVELOPMENT COMPANY, A Washington General Partnership
ITS General Partner
BY: HOUSLEY DEVELOPMENT CORPORATION, A Washington Corporation,
Partner
BY: '
ITS
BY: DEAN BUII.DING CORPORATIOIV, A Washington Corporation
Partner
BY:
ITS
2
s • • ~
ACKNOWLEDGMENTS
STATE OF WASHINGTON )
)ss County of )
On this day of , 19 before me, the undersigned, a Notary Public in and for the
State of Washington, gersonally appeared , to me known to be the of
DEAN BUILDING CORPORATION, a Washington Corporation, and partner of STANTON
DEVELOPMENT COMPANY, a Washington General Partnership who is the General Paztner of STANTON-
SPOKANE L.P., a Washington Limited Partnership that eacecuted the within and foregoing instrument, and
acknowledged the said instrument to be the free and voluntary act and deed of said partnership, for the uses and
purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument and that the
seal affixed (if any) is the corporation seal of said corporation.
Given under my hand and official seal the day and yeaz last above written.
NOTARY PUBLIC in and for the State of
Washington, residing at
My commission expires
STATE OF WASHINGTON )
• )ss
County of )
On this day of , 19 before me, the undersigned, a Notary Public in and for the
State of Washington, personally appeared , to me known to be the of
HOUSLEY DEVELOPMENT CORPORATTON, a Washington Corporation, and paztner of STANTON
DEVELOPMENT COMPANY, a Washington General Paztnership who is the General Partner of STANTON-
SPOKANE L.P., a Washington Limited Partnership that executed the within and foregoing instrument, and
acknowledged the said instrument to be the Gee and voluntary act and deed of said partnership, for the uses and
purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument and that the
seal affixed (if any) is the corporation seal of said corporation.
Given under my hand and official seal the day and year last above written.
NOTARY PUBLIC in and for the State of
Washington, residing at
My commission expires
3
~ -
DECLARATION OF COVENANT
In consideration of the approval by Spokane County of
(hereinafter refened to as the "Development"), the undersigned covenants and agrees that:
1. The subdivider/sponsor will construct the private roads and associated drainage facilities in conformance with the approved plans
on ftle in the County Engineer's Office.
2. A lot is served by a private road when: a. the only road frontage for the lot in the Development is on the private road, or; b. a
lot having frontage on more than one road (public or private) constructs an approach to the private road.
3. The
Home Owners Association or their successors in interest shall maintain the private roads and associated drainage facilities in
conformance with the approved plans on file in the County Engineer's Office.
4. The owner(s) of any lot created by Uie Development or alternation thereof and served by a private road shall be responsible for
mauuenance of said private road, including associated drainage facilities.
5. Maintenance financing of the private roads and associated drainage facilities shall be in a manner determined by the
Home Owners Association or their successors in interest.
~
6. Should ihe
Home Owners Association be ferminated for any reason, the successors in interest shall be the individual lot owners, or their
successors in interest, who are members of the
Home Owners Association at the time of said termination.
7. In the event such private road including associated drainage facilities is improved to Spokane Counry standards for public streets,
and the County is willing to accept the dedication of such road and dramage facilities, each lot owner shall execute any
documents necessary to accomplish such dedication.
8. Owners of lots withm the Development who are served by such road, may sue and recover damages and attomeys' fees from
any owner of any lot within the Development which is similarly served who refuses to participate in the road and drainage
facilities construction, financing, and maintenance.
9. WAItNING: Spokane Counry has no respoiuibility 10 6uild, improve, or maiiuain or othenvise service the private roads, and
associated drainage facrliiies coniained ►vitiein or providing service to the pruperry described in the Developrnent. By accepting
this development or subsequently by allotiving a building permit to be issued for property on a private road, SpoAw:e County
assumes no obligation for said private road and the o►vi:ers hereby acki:owledge lhat the County has no obligation of any kitul of
nature ivhatsoever to establtsh, examine, survey, conslruct, uller repair, improve, niaiiuain, provide drainage or snow removal
on a private road or its' associated drainage facilities.
10. Whenever the
Home Owners Association or their successors in interest faII to maintain the dramage facilities in conformance with th:-. ,
approved drainage plan, a notice will be given to the
Home Owners Association or their successors in interest by the County. If not corrected after 10 days, the Counry has the
right to correct the maintenance failure or have it corrected at the expense of the
Home Owners Association, their successors in interest, or lots in the development.
11. Spokane Counry does not accept the responsibility of maintaining the drainage course on private lots within drainage easements
or floodplain azeas, no the responsibility for any drainage, whatsoever, including but not limited to inverse condemnation to anv
properties due to deficient construction and/or maintenance of drainage courses in drainage easements on private property.
12. This covenant and agreeraent shall run with the land and shall be binding upon the owner, their heirs, successors or assigns,
including the obligation to participate in the maintenance of the private road and drainage facilities as provided herein.
OWNER
, OWNER
Dated this day of , 19
ST ATE OF WASHlNGTON )
County of Spokane )
On this day personally appeared before nie
known to me to be the individual(s) described in uiul ►vho executed the ►vithin urul foregoing instrument cuul acknowledged th~t
he/she/they signed the su me us his/her/their free uiul volunlary act ard deed for the uses utul purposes lherein stated.
GIVEN UNDER MY HAND AND OFF/CIAL SEAL this duy of , l9
Noiary Public in aiul for the S1ate
of Wushington, restduig ut Spokune
l d f declapud 1/96
:iOfy: ',1NCLr_ ..R, S T 'M C 'R''rI TC?
ST!-ol ADD DI_OrNG z THM"U'S:' ~">,ie:'7 T^:~CT S~t G1.J7;3 I N:;E
STi'ti111 04. 59118 JJF--.~e 0i09 L
1 Yi'~~j X 20 27 37o~ ~ 3So01-,011~ 313o-.Sei_, ,fj7.:~. s-
v %INJ S Gs lh 47.0 W S.Ga ~:0tZ:@ 4 is7o 11 7799 3.3O 3o 17-4 5 C~-':2 3
3 ;.~vV IL Cy ~}aJ 6`.90 tA'L .i~.~ic ~~lil,«~+ '~~1'.G76 o 4 t»~d 2t..J~s /.J3:~ 'S:
!s ItiV iV 2 37 ica 0 W 110, 2201T, 'sr356o 52G0ea 3d:F:.ia 1371:•: 5
u ..P3V 3 8 0 4 1 .370 0 W 7, 09 00 4i2720'30544 47714. 6
y aK11; S 12 1 9 1 go Ct~ - 11~1. i9~%~Ll 1E+~:•a 8a'~:Q~9 2 7 9 S. `c')~ 7
7 IN, v 84 18 44o0 irs •a - ` . a ~1u. ~;t~ 4 16 2oE, G L; ir ;<~:.E. ~3
tl X;v V S 12 19 11.0 C 1171 84~0f1► 4047. 5404~, 23L~► :i a53199 9
r F.~V S 77 zrQ) 4900 W 11r0~ 57~s10 4k736o198417 275 °..131623 11:4
iG INV S 12 19 11. 17, E g43a 1110017-1 3c397o 2cv20 2-792, 3544171 11
INL N 77 40 49a 0 C s0o 0 0 QIlt, .?,A99a 33Eal a In! 2 o C-1 2~: a2 1
12 XNV S 12 19 11o 0 E CIa~.ablroo ._r83Gro Jd?LrJ.:i 231:',-e ~78~~7 1-3
4 .3 s ~~V {V L"~C 09 JJo vJ .~7~}~ti~, ! ~VJ@c! ;.-.j({., Jt) 2:•C% ` A
I1,• zNV IN 78 23 :4o tZ+ E 8210 9L~+0 396Ao ,_,BC00 ,=,14iao 70763 zW
SJ Iq l 0 4r lfidoY) F. JtY1~,I~o2A~ltzl -3fJ6 2oA, ..~i:silKi ~.~.rdJAoG V:580
tdAD I~1L. 'tW 12 23 13a 0 W
T:zi...l'A 7 34 40o 0 L3
R
AD XU.,'i n::670 5000
T n- 1U 17o 7 152
'L.-GaRC 35o ..~788
itnMil-aL 3~ 37 Z-13a ~ ~
19 Fi 3602o G0.S0..~ 3213o 54833
S i A7, C..`.,'~~~
~.".VrND O 72 43 i:2o 0 W .i=o 35 3 0 ..i05 1 ~ Ti245
?'ANOPT 3 69 02 02o 0 W
~1~ ah'V S 904 41.0 E 0'o 8 9,A 0 37520 36:,17 31 751 01-,
.l J 3.mV K CJI:• J:J 3.9.0 ti O. b1~1 ~ G!i0 1,71I7I 3769v /illri., JJ~. Jn •J ( IJff~
~.tt1..\st/ N1 85 03 01.0 E 4.5~ JsQioOl .37720 75,M4 3277. v"'rs:: 7
m %i~!4' i~ 8R~ 55 A`: o0 E 1~~C L71 ujD, iD .s788 D,_ic:94c_' 3 3 7S a L~c91~ 3 T c.-~
qNV v 904 4 Y o0 W J2fZio 0600 fa104e 37".45 332-3o 59217C a?
LAT & DEr-' 0o 01 72 0,113f,9
iq ~,1=' wt', o IL ",i c+o J 14 r> 4• 10 4, 5~` 1 b -L' ~i~..ti`_v =~'=~1Z.~J
J ~JaJ
~IREG =I `Cf] 157365 llrca = 251:-r85o90 sq ft 5.77564 t-tc
~'Z~ bNV S 2~:, .~4 3 20 7 W A 0:~ e0u ;4 3752, sGG 17 3 7`- ' r;,:. a
FROM ANGLE DIST NORTH EAST TO
F' 141 4D R I VERWALK 5TH ADD BLOCI:S 1 THRQUGH 6 AhJD TRACTS B
AUTO INVERSE
START 104. 59118 3325.58209 1
1 INV N 20 27 37.0 W 36.03 4138.34822 331`. 98751 2
2 I NV S 83 16 7.0 W 10 00 4137. 17799 3303. 05622 3
3 I N V N 6 43 ' .0 W V~. 0000 4246.42128 3290. 17583 4
4 INV N 2 37 1. 0 W 110.2200 4356. 5`606 3285. 13749 5
5 INV S 80 41 37 0 W 517. 0900 4272. 9@544 `774. 85W59 6
6 I IVV S 12 19 11. 1 10. 5900 4164. 8E`09 2798. 44981 7
7 INV S 84 18 4 W 22.1500 41E2.66666 2776.40886 8
8 I NV S 12 19 1.0 E 1 17. 8400 4047. 540 2801.55199 9
9 INV S 7 0 49.0 W 40.5700 ~f~.38. 88 7 2761. 916~?3 iQ~
1Q~ INV 12 19 11. Q~ E 145. Q~Q~Q~ 3897. 320 2792. 85440 11
11 INV N 77 40 49.0 10.0000 3899 -5687 2802.62412 12
12 I N V S 12 19 1 1. Q! 66.3400 38,:, .54453 2816. 77887 13
13 IIVV N 65 09 55. 0 262.4900 3 4.79089 3054. 99461 14
14 INV N 78 23 34.0 E 82.4900 961. 38800 ?,135. 797E8 15
15 INV S g 04 41.0 E 100. `100 ,8E2. 43320 3151. 60880Y ~ 16
RAD I AL N 13 23 18.0 W
DELTA 7 34 40.0 LT -w ~ v
~v 1
RAD I US 267.5000
TAN 17.7152 L-ARC 35.3788
RAD I AL N 20 57 58.0 W
RP 3602w 20.?,03 3213. 54838 17
16 CHORD S 72 49 22.0 W .:,5.3530 3851.99245 3117.83268 18
TANCdF'T S 69 02 02.0 W
18 INV S 904 41.0 E 100. 8900 ?,752. .36E17 3133. 75109 19
19 I NV N 80 55 19.0 E 1 0. 0~~~ 1~37E+9. 7L 196 ,3?4c. 37327 20
20 INV N 85 03 01.0 E 3~hC~35~ 3772. 74957 3277.33241 21
21 I NV N 80 JJ 19.0 E 100. 0000 3788. 52756 3376. 07984 22
22 INV N 9 04 41.0 W 320.0600 4104.57859 3325.58081 30
LAT & DER 0.01259 0.00127
30 HCLQSF_ N 5 46 40.3 E 0.0127 4104. 591 18 3325. 582@9 1
F'REC = 1 TO 193048 Arec'1 = 251583.63 sq ft 5.77557 ac
FROM ANGLE DISI" NORTH EAST TO
PLOCK 7,8 & TRACT A BOUNDRY
AUTO INVERSE
START 3703.84168 3141.50440 23
INV S 65 09 55.0 W 420. 5900 3527. 19298 2759. 8Qi925 24
GJ
24 INV S 49 56 27.0 E 71.1100 3481. 4`813 2814.23544 25
25 INV S 29 59 56.0 E 110. 0000 3386. 16480 2869. 23451 26
26 INV S 74 43 35.0 E 49.2700 3373. 18567 2916.76424 27
27 INV S 29 59 58.0 E 118. 0400 3270. 95946 2975. 78325 28
28 INV ht 60 00 02.0 E 120.0700 3330.99345 3079.76750 29
29 INV N 29 59 43.0 W 15.3. 03@0 3463. 5276` 3003. 2634:? 31
31 I NV N 60 00 17.0 E 25.2400 3476. 14582 3025. 12295 32
32 INV N 29 59 43.0 W 110.0000 3571.41.315 2970. 1;_,080 33
33 INV N 60 00 17.0 E 194. 9800 3668. 88923 31.?,8. 99647 34
34 INV iV 405 24.0 E 35.0400 3703. 83999 3141. 49564 35
LAT & DEP 0.00169 0.00876
35 HCLOaE N 79 04 13.1 E 0.0089 370,?,. 84168 3141. 50440 23
RREC = 1 TO 157757 Ar^ea = 57764.45 sq ft 1.32609 ac
FROM ANGLE DIST NORTH EAST TO
'9LOCK 5,6 & TRACT C CLOSURE
Huiu 1NVtKbL
STAR7 4137.17799 3303.05622 3
3 INV N 6 43 28.0 W 110. 0000 4246. 42128 3290. 17583 4
4 INV N 2 37 12.0 W 110.2200 4?,S6. 52606 3c85. 1.3749 5
5 INV S 80 41 37.0 W 517. 0900 4272. 9@544 2774.85359 6
6 INV 5 12 19 11.0 E 110. 5900 4164. 86209 2798. 44981 7
7 TNV S 84 18 44.0 W 22.1500 4162. 6E686 2776. 40886 8
8 I RIV S 12 19 11.0 E 1 17. 8400 4047. 54046 2801.55199 9
9 INV N 77 40 49.0 E 292.0000 4109. 84353 3086. 82787 3E
RAD I AL N 12 19 11.0 W
DELTA 5 35 58.0 RT
RAD I US 385. @000
TAN 18.8278
L-ARC 37.6256
RAD I AL N E 43 13.0 W
RP 3733.70924 3168.97405 37
36 CHORD N 80 28 48.0 E 37.6106 4116. @E402 3123.92049 38
TAN@PT hl 83 16 47.0 E
38 I NV N 83 16 47.0 E 18@. 3700 4137. 17131 330.3. 0512` 39
LAT R DEP 0.00668 0.00500
39 HCLOSE N 36 49 46.0 E 0.0083 4137. 17799 3303. 056" 3
F'REC = 1 TO 179516 Area = 111053.82 sq ft 2.54944 ac
FROM ANGLE DIST NORTH EAST TO
BLOCK 3,4 R TRACT P CLOSURE
AUTO INVERSE
START 3897.22320 2792.85440 11
11 INV N 77 40 49.0 E 10.0000 3899. 35E87 2802. 62412 12
12 I NV S 12 19 11.0 E 66.3400 3834. 54453 2816. 77887 13
13 INV N 65 09 55.0 E ?62. 4900 3944. 79089 3054. 99461 14
14 I NV N 78 23 34.0 E 82.4900 3961.38800 31.?5. 79768 15
15 INV S 9 04 41.0 E l00. 21V70 386`. 43320 .3151. E0880 lE
RAD I AL N 13 23 18.0 W
DF_LTA 4 18 37.0 RT
RAD I US `67. 5000
TAN 10.0666
L-ARC 20.1236
RADIAL N 9 04 41.0 W
RF' .3602. 20303 3213. 54838 17
16 CHORD N 78 46 00.5 E 20.1189 3866.35241 3171.34226 40
TANr_dPT N 80 JJ 19.0 E
40 TNV N 80 JJ 19.0 E 24.9000 3870.28113 3195. 93@.37 41
RAD I AL S 9 04 41.0 E
DELTA 90 00 00.0 LT
RAD I US 30.0000
TAN 30.0000
L-ARC 47.1239
RAD I AL N 80 JJ 19.0 E
RR ,3899.905.3E 3191. 19698 42
41 CHORD N 35 55 19.0 E 42.4264 3904. 63875 3220.82121 43
TANCdP7 N 9 04 41.0 W
43 IhIV N 9 04 41.0 W 157.6800 4060.34370 3195.94248 44
RADIAL N80 JJ 19.0 E
DELTA 87 38 32.0 LT
RAD I US 30.0000
TAN 28.7902
L-A RC 45. 889 4
RAD I AL N 6 43 13.0 W
RP 4055.61031 3166. 318`5 45
44 CHORA N 52 53 57.0 W 41.5445 4085.40419 3162.80758 46
TANrdPT S 83 16 47.0 W
46 INV S 83 16 47.0 W 3.°i. @200 4081. 30607 3128. 02819 47
RAD I AL N 6 43 13. V W
DELTA 5 35 58. @ --T
RADIUS 350.0000
t HIV 1/. 1 1 C+C
L-ARC 34.2051
RAD I AL N 12 19 11.0 W '
RP 3733. 7-31 3168. 98597 48
47 CHORD S 80 28 48.0 W 34.1914 4@75. 65108 3094. 30763 49
TAN@PT S 77 40 49.0 W
49 IIVV S 77 40 49.0 W 332. 57@0 4004. 69172 2769. 39599 50
50 INV S 12 19 11.0 E 110. 0►D00 3897. 22478 279`. 86633 51
LA1" & DER -0. @0158 -0. 01 193
51 HCLOSE S 82 28 09.9 W 0.0120 .3897.22320 2792.85440 11
FftEC = 1 TO 110479 Area = 65287.19 sq ft 1.49879 ac
FROM ANGLE DIS7 NORTH EAST TO
RLOCK 1 SIDELINES
AUTO INVERSE
START 3752. 36617 313.3. 751 09 19
19 T NV N 80 JJ 19.0 E 1 10. 0000 3769.72196 3242.37327 20
20 INV N 904 41.0 W 41.6200 3810.82064 3`35. 80647 52
RADIAL N 80 JJ 19.0 E
DELTA 90 00 00.0 LT
RAD I US 30.0000
TAN 30.0000
L-ARC 47. 1 239
RAD I AL N 904 41.0 W
RF, 3806. 08724 3206. 18"4 53
52 CHORD N 54 04 41.0 W 42. 4`64 3$35. 71147 3201. 44884 54
TANCdF'T S 80 JJ 19.0 W
54 INV S 80 JJ 19.0 W 24.9000 .3831. 78275 3176. 8E073 55
RAD I AL N 9 04 41.0 W
DELTA 13 42 37.0 LT
RAD I US 232. 5000
TAN 27.9509
L-ARC 55.6348
RAD I AL N 47 18.0 W
RG ,?,602. 19497 3213.54455 56
55 CHORD S 74 04 00.5 W 55.5022 3816.54650 31`3. 49082 57
TANCdF'T S 67 12 42.0 W
57 INV S 9 04 41.0 E 65.0000 3752. 36067 3133. 74E52 58
LAT & DEP 0.00550 0.00458
58 HCLOSE N 39 45 21.6 E 0.0072 3752. 36617 3133. 75109 19
PREC = i TO 49106 Area = 7564.46 sq fit 0.17366 ac
FROM ANGLE DIST iVORTH EAST 70
BLOCK 2 SIDELINES
AUTO INVERSE
START 3772. 74957 .3277. 33241 21
21 INV N 80 JJ 19.0 E 100. 0@00 .3789. 5275E .337E. 07984 22
22 INV N 9 04 41.0 W 320. 0600 4104. J78J7 3325.58081 30
30 INV S 83 16 47.0 W 68.8200 4096. 52512 3257. 23365 59
RADIAL N E 43 13.0 W
DELTA 92 21 28.0 LT
RAD I US 30.0000
TAN 31.?E06
L-ARC 48.3584
RAD I AL S 80 JJ 19.0 W
RF' 40EE.73124 32E0.74432 60
59 CHORD S 37 06 03.0 W 43.2903 4061.99784 3231.12009 61
TANCdPT S 904 41.0 E
61 INV S 904 41.0 E 292.9200 3772.74687 3277.33697 62
LAT & DEF' 0.00270 -@. 0045E
62 HCLOSE N 59 21 07.1 W 0.0053 3772. 74957 3277. 33241 21
F'REC = 1 TO 156466 Area 31998.11 sq ft 0.73458 ac
FROM ANGLE DIST NORTH EAST TO
BLOCK 7& 7RACT A CLOSURE
AUTD INVERSE
START 3703.84168 3141.50440 23
23 INV S E5 09 55.0 W 420.5900 3527.19298 2759. 80925 24
24 I NV S 49 56 27.0 E 71.1100 .3481. 42813 2814.23544 25
25 I NV S 29 59 58.0 E 1 10. 0000 3386. 16480 2869.23451 26
26 INV N 60 00 17.0 E 180.0000 3476.15195 3025.12650 63
63 INV N 29 59 43.0 W 110.0000 3571.41928 2970. 13436 64
E4 INV N 60 00 17.0 E 194. 9800 3668.89536 ?,139. 00002 65
65 INV N 405 24.0 E 35.0400 3703. 84613 3141.49919 66
LAT & DEP -0. 00444 0.00520
66 HCLOSE S 49 29 41.3 E 0.0068 .3703. B4168 3141. 50440 23
PREC = 1 TO 163963 Ar,ea = 38781.53 sq ft 0.89030 ac
FROM ANGLE DTST NORTH EAST TO
PLOCK 8 SIDELINES
AUTO INVERSE
START 3373. 18567 2916.76424 27
27 INV S 29 59 58.0 E 118. 0400 3`7@. 9594E 2975. 78325 28
28 INV N 60 ►Z►O 02.0 E 120.0700 3330. 99345 3079.76750 29
29 INV N 29 59 43.0 W 118. 0300 .3433. `15`9 3020. 7E093 67
67 INV S 60 00 17.0 W 120. 0800 3373.18386 2916. 7E365 68
LAT & DEF, 0.00181 0.00059
68 HCLOSE N 18 09 58.2 E 0.0019 ,:s313. 18567 2916.76424 27
PREC = 1 TO 250526 Area = 14172.89 sq ft 0.32536 ac
FROM ANGLE DIST NORTH EAST TO
GENTERLINE MICHIELLI LANE
AUTO I NVERSE
START 3463.52762 3003.26342 31
31 I NV S 29 59 43.0 E 17.5000 3448. 37145 3012.01218 69
69 INV S 60 00 17.0 W 1.37. 4200 3379. 67126 289c. 997?,0 70
70 INV N 74 43 35.0 W 24.6300 3?,86. 15951 2869.23726 71
LAT R DEP 0.00529 -0. 00275
71 HCLOSE N 27 27 47.3 W 0. fL►06@ 3?,86. 16480 2869. 2:,451 26
pREC = 1 TO 30129 No Area
FROM ANGLE DIST NORTH EAST TO
CENTERLINE RIVERWALK LANE
AUTO INVERSE
START 4104. 59118 3325. 58209 1
1 TNV N 20 27 37.0 W 18.0150 41`1. 46970 3319. ^c8480 72
7c I NV S 83 16 47.0 W 114.0400 4108.12448 3206.02834 73
73 INV S 83 16 47.0 W 80.6100 4098.69132 3125.97218 74
RAD I AL N 6 43 13.0 W
DELTA 5 35 58.0 LT
RAD I US 367. 5000
TAN 17.9720
L-ARC 35.9153
RAD I Al_ N 12 19 11.0 W
RP 3733.71E30 31E8.97785 75
74 CHORD S 80 28 48.0 W 35.9010 4092. 75358 3090.56559 76
TAN@F'T S 77 40 49.0 W
76 INV S 77 40 49.0 W 332.5700 4021.79422 2765. 65.?95 77
77 INV N 12 19 11.0 W 17.5000 4038. 89124 2761.92004 78
LAT & DER -0. 00707 -0. 00381
78 HCLOSE S 28 18 01.6 W 0.0080 4038. 88417 2761.91623 10
PREC = 1 TO 74586 No Area
FROM ANGLE DIST NORTH EAST TO
CENTERLINE MICHIELLI LANE
RUTO INVEKSE
START 3769.72196 3242.37327 20
20 IlVV N 85 03 01.17 c 17.5500 3771. 2' ?0 32..°~9. 85782 79
79 INV N 904 41.0 W 90. .3900 3860. 4Lo-.00 3245. 5961@ 8o
80 I NV N 9 04 41.0 W 250.7600 4108. 1 1306 ..3:306 .@3121 81
LAT & DEP 0.01142 -0. 00`88
81 HCLOSE N 14 08 36.7 W 0.0118 4108.12448 3206. 0c:834 73
PREC = 1 TO 30445 No Ar-ea
FROM ANGLE DIST NORTH EAST TO
CENTERL T NE SHAIVNON LAh1E
AUTO INVERSE
START 3860. 49400 3245. 5961 0 80
80 I N V S 80 55 19.0 W 72.4000 3849. 07074 3174. 10296 82
RAD I AL N 9 04 41.0 W
DLL7A 12 44 01.0 LT
RAD I US 250. 0002
TAN 27.8953
L-ARC 55.5609
RAD I AL N 21 48 42.0 W
RP 3E+02. `0216 3213.54792 83
82 CHORD S 74 33 18.5 W 55.44E6 3834.30471 3120.65870 84
TANCdF'T S 68 11 18.0 W
84 I NV S 21 48 42.0 E 250. 0000 3E02. 20216 3213. 54792 85
LAT & DEP 0.00087 0.00046
85 HCLOSE N 27 36 11.6 E 0.0010 3602. 20303 321 3. 54838 17
F'REC = 1 TO 383937 No Area
-
to
INLAND PACIFIC ENGINEERING, INC.
February 23, 1996
Mr. Dave Berto
Spokane County Engineer's Office
North 811 Jefferson
Spokane, Washinqton 99260
RE: RIVERWALK 5TH ADDITION
PE-1414-81
Dear Dave:
Enclosed please find two copies of the draft final plat
referenced above. Please review for final approval. The
enclosed check for $100 is the plat check fee. Enclosed
also is a copy of the plat certificate.
Our client submitted an Agreement to Pay Fees for Riverwalk
4th and 5th. It was sent directly to you.
Please call if you have any questions. Thank you.
Sincerely•,
INLAND PACIFIC ENGINEERING CO.
Bi li J. Spari ng
BJS/bjs
Enc.
707 West 7th • Suite 200
Spokane, Washington 99204
509-458-6840
FAX:509-458-6844
-
N. -4
TRANSAMERICA TITLE INSURANCE COMPANY
NORTH 720 ARGONNE
S POKANE , WASHINGTON 99212
Prepared for:
STANTON DEVELOPMENT CO. Order No.: CD198848
ATTN: EDWARD DEAN
16720 NE 116TH ST.
REDMOND, WA 98052
cc: Inland Pacific Engineering Co./Sparling
FOURTH REPORT
P L•A T C E R T I F I C A T E
Effective Date: February 5, 1997 at 5:00 a.m.
Certificate for filing Plat of:
RIVERWALK STH ADDITION
In the matter of the subdivision to be submitted to Spokane County for
approval, this company has examined the records of Spokane County Auditor's
and Clerk's offices, and the records of the Clerk of the United States
District Court holding terms in said county. This certificate is made for
the purpose herein specified, and is not to be used as a basis for closing
any transaction. Liability is limited to the amount, if any, paid for this
certificate. From such examination, the company hereby certifies the title
to the following described land, in said Spokane County, to-wit:
SEE LEGAL DESCRIPTION
Page 1 of 5
, .
g• , , '
Order No. CD198848
PARCEL A:
That portion of Government Lots 5 and 6, of Section 8, Township 25 North,
Range 45 East, W.M., more particularly described as follows:
BEGINNING at the most Northeasterly corner of Lot 6, Block 2 of RIVERWALK
THIRD ADDITION as per plat thereof recorded in Volume 23 of Plats, Page 96;
thence along the Northerly boundary of said RIVERWALK THIRD ADDITION the
following three (3) courses: (1) South 80055119" West, a distance of 100.00
feet; (2) South 85003101" West, a distance of 35.10 feet; (3) South
80055119" West, a distance of 110.00 feet; thence North 09004'41" West, a
distance of 100.89 feet to the beginning of a non-tangent curve concave to
the South having a radius of 267.50 feet (from which a radial line bears
South 20057158" East); thence Easterly along said curve through a central
angle of 07034'40" an arc distance of 35.38 feet; thence North 09004141"
West, a distance of 100.21 feet; thence South 78023134" West, a distance of
82.49 feet; thence South 65009155" West, a distance of 262.49 feet; thence
North 12019'l1" West, a distance of 66.34 feet; thence South 77040149" West,
a distance of 10.00 feet; thence North 12°19'll" West, a distance of 145.00
feet; thence North 77040149" East, a distance 40.57 feet; thence North
12°19'll" West, a distance of 117.84 feet; thence North 84018144" East, a
distance of 22.15 feet; thence North 12°19'll" West, a distance of 110.59
feet to the Southerly line of Parcel "A", as described in a Statutory
Warranty Deed recorded under Auditor's Document No. 9405120394; thence along
the Southerly line of said Parcel "A" North 80041137" East, (Record South
81016' West) a distance of 517.09 feet; thence South 02037112" East, a
distance of 110.22 feet; thence South 06043128" East, a distance of 110.00
feet; thence North 83016147" East, a distance of 10.00 feet; thence South
20027137" East, a distance of 36.03 feet; thence South 09004141" East, a
distance of 320.06 feet (Rec. South 09004156 East) to the True Point of
Beginning;
Situate in the County of Spokane, State of Washington.
PARCEL B:
That portion of the South half of the Southwest quarter and Government Lots
5 and 6 of Section 8, Township 25 North, Range 45 East, W.M., more
particularly described as follows:
BEGINNING at the Southwesterly corner of Lot l, Block 1 of RIVERWALK THIRD
ADDITION as per plat thereof recorded in Volume 23 of Plats, Page 96; thence
North 29059'43" West, a distance of 153.03 feet; thence North 60000117"
East, a distance of 25.24 feet; thence North 29059143" West, a distance of
110.00 feet; thence North 60000117" East, a distance of 194.98 feet; thence
North 04005'24" East, a distance of 35.04 feet; thence South 65009'55" West,
a distance of 420.59 feet; thence South 49056127" East, a distance of 71.11
feet (Rec. South 49055147" East, 71.10 feet); thence South 29059158" East,
a distance of 110.00 feet; thence South 74043135" East, a distance of 49.27
feet; (Rec. South 74043143" East, 49.26 feet) ; thence South 29059'58" East,
a distance of 118.04 feet (Rec. 118.00 feet) to the North line of Tract "H"
of RIVERWALK FIRST ADDITION as per plat thereof recorded in Volume 23 of
Plats, Pages 37 through 40; thence North 60000'02" East, along said North
line a distance of 86.08 feet to the most Northeasterly corner of said Tract
"H"; thence continuing North 60000102" East, a distance of 33.99 feet; to
the Point of Beginning;
Situate in the County of Spokane, State of Washington.
Page 2 of 5
, . , , .
Order No. CD198848
VESTED IN:
STANTON-SPOKANE L.P., a Washington Limited Partnership.
EXCEPTIONS: 1. Taxes and assessments, if any, no search having been made thereof, as
'to Parcel No. 55083.9061 and 55083.9062.
Parcel numbers are provided from the latest Assessor's Maps available
to the company. Said parcel numbers are not a matter of the public
record therefor, the company makes no assurance as to validity or
accuracy relating thereto.
2. Liability to future assessments by Consolidated Irrigation District No.
19.
3. VOLUNTARY MITIGATION AGREEMENT AND THE TERMS AND CONDITIONS THEREOF:
RECORDED: July 24, 1995
RECORDING NO.: 9507240089
FOR MITIGATING SCHOOL IMPACT, INCLUDING, BUT NOT LIMITED TO LIABILITY
FOR SAID MITIGATION IN THE AMOUNT OF $750.00 FOR EACH NEW SINGLE FAMILY
RESIDENTIAL UNIT.
4. Declaration of Covenants and Restrictions imposed by instrument recorded
on May 20, 1994, under Recording No. 9405200420.
5. Declaration of Covenants, Conditions and Restrictions for River Walk
imposed by instrument recorded on July 25, 1995, under Recording No.
9507250312 and amended by Supplementary Declarations recorded April 12,
1996 and September 5, 1996 under Recording Nos. 9604020267 and 4032223,
including, but not limited to, liability for assessments levied by the
community association, and rights or benefits which may be disclosed
affecting land outside the boundary described in Schedule A.
6. EASEMENT AND THE TERMS AND CONDITIONS THEREOF:
GR.ANTEE: The Riverwalk Owners Association, a
Homeowners Association
PURPOSE: Temporary turnaround
AREA AFFECTED: A portion of this and other property
RECORDED: December 12, 1995
RECORDING NO.: 9512120284
NOTE: Said Temporary Turnaround Easement is hereby granted to Riverwalk
Owner's Association, until such time as Michielli Lane continues and
areas of the easement has bee platted, at which time the Temporary
Turnaround Easement will be terminated.
Page 3 of 5
Order No. CD198848
7. EASEMENT AND THE TERMS AND CONDITIONS THEREOF:
GRANTEE: Riverwalk Owners Association o the County
of Spokane and County of Spokane
PURPOSE: Drainage
AREA AFFECTED: Portion of this and other property
RECORDED: December 14, 1995
RECORDING NO.: 9512140151
8. EASEMENT AND THE TERMS AND CONDITIONS THEREOF:
GR.ANTEE: Spokane County, a political subdivision of
the State of Washington, it's successors
and assigns
PURPOSE: Construct, operate and maintain a sewer
line and is expressly understood and
agreed that Spokane County or its
successors and assigns shall have the
right of ingress and egress from the
property herein described for the purpose
of constructing, operating and maintaining
sewer lines; Said easement shall run with
the land and will be terminated at such a
time the described area is platted
AREA AFFECTED: Over a portion of the South half of the
Southwest quarter of Government Lot 5 of
Section 8, Township 25 North, Range 45
East, W.M.
RECORDED: March 19, 1996
RECORDING NO.: 9603190212
AFFECTS: Parcel A
9. Covenants, conditions and restrictions imposed by instrument recorded on
October 10, 1996, under Recording No. 4043879, including but not limited
to rights or benefits which may be disclosed affecting land outside the
boundary described in Schedule A.
10. NOTIFICATION OF COVENANTS AND CONDITIONS AND THE TERMS AND CONDITIONS
THEREOF:
DATED: November 18, 1996
RECORDED: December 2, 1996
RECORDING NO.: 4058317
AFFECTS: Said premises and other property
Page 4 of 5
' , .
Order No. CD198848
11. DEED OF TRUST, SECURITY AGREEMENT AND FIXTURE FILING WITFi ASSIGNMENT OF
LEASES AND RENTS AND THE TERMS AND CONDITIONS THEREOF:
GRANTOR: Stanton-Spokane L.P., a Washington Limited
Partnership
TRUSTEE: Rainier Credit Company
BENEFICIARY: Seattle-First National Bank, a National
Bankirig Association
ORIGINAL AMOUNT: , - DATED: September 29, 1995
RECORDED: March 29, 1996
RECORDING NO.: 9603290141
AREA AFFECTS: Affects this and other property
SAID DEED OF TRUST IS A RE-RECORD OF THE DEED OF TRUST RECORDED ON
OCTOBER 10, 1995, UNDER RECORDING NO. 9510100081.
Investigation should be made to determine the present balance owed by
contacting the appropriate lender/agency/individual.
TRANSN~TION TITLE INSURANCE COMPANY
BY
For servi`ce'on this order cal •
(509) 922-2222 (FAX) 926-151
Connie Dodge, Title Officer
sc
Page 5 of 5
I"l`3701 , ,
YOI. IS SPAbE
, R•~•~ " . IN WITNESS itl1EREOY, ve have hereunto set our hande and seal thls
:)GO3130212 ~ day o[ , 199,_. Nba I! Id )1 HN ~JO , ,
SPOKAHE COUNTY DIVISION OF IlCILITIES u'~~%~I'iE 3'I'ANTON-SPOIUN@ L.P.,
spokane CountyA waehin9ton Llmited PartneraAip
, uashingtoYO( ;r ' ,;,'~.u'YrwAsN.
~~PAG "
BEwHR "D aCCL88 EAHENSt+T BY: STANTON DEVELOPMENT CONPIWY, A Washlnqton Ceneral
- Partnerahip '
ITS Ceneral Pertner
The Ctantor, STAHTON - sPQ]CAl7E L.P.. A Mashinqton Limited
Pertnershio for and in conaideration of Mutual Bonelits, receipt of
BY: HOUSLEY DEYELOPNEt1T CORPORATION, A Hashin
vhich is hereby acknovledged, convaye cnd varronta to Spokane County, gton
a pol3tical subdivision of the State of Washington, it's aucceseors Corporation,
and esaigns, a perpetual non-excluaive eesement over, under and across Pertner
the hereinafter dascribed lends situated !n tha County of Spnkane,
State of washingtan:
BY: ,f
A Temporary Sever end Accees Eaaement over a portion of the South Hall ~
of tha 9outhwest Quarter and Covarnment Lot 5, of carrio.D B. T.25 N. ~
R.ag N.!!., County of Spokana, State of Nashington, more i' ITS
particularly deacribed as follovas `
Beglnning at tha most norlharly corner o[ Tract "H" o[ RIVERWALK ' gY: DEAH BUILDING CORPORATION, A Waehington Corporetion
FIRST ADDZTION according to tha plet recorded in Book 23 of Pertner ~
Plets, Paqes 37 thouqh 40; thence N.60•00102"E. e diatance ot,~ 't
33.99 teet; thence N.29159143"N. a distance of 153.07 teet; V -C'. • ~ -
thence N.60•00117"E. a distance of 25.26 leet; thence BY: ' r
N.29•59117^N. e dSatanCe o! 110.00 teet; thenee N.60100117"E, a•
dietnnce of 194.98 tset; thenee N.04•05124"E. e dletance of 35.04 ITS ~r11s~.+7~
leet; thence N.09•04141"H. e dietence o[ 49.14 Leet; thence
N.80155119°E. a dietance of 47.30 Leot to tho TRUE POINT OF
6EGIT7NINC; continuinq H.80•55119"E. e diatance of 52.70 [eet;
thence N.85107101^E. a diatance of 35.10 leet; thenca
M.80•53119"E. a diatanCe of 62.30 feet; thence N.09•04141"fi. a ~ ACKNOWLEDGMENTS
dlatanca of 150.00 teet; thence 5.80•5511911fi. a distanco of
150.00 Ceet; thence 5.09•04141°E. a diatanco of 147.47 leet to STATE OP NASHINGTON
the Trua Point of eeginninq= )
)sa
The er etUA1 non-exclusive eesement County of ,c,,,c )
p p granted to Spokane Caunty, its
succeasors and asaiqna is tor the sole purpose o[ construction,
installing, operatinq, maintaininq, repairinq, altering, replacing, I on thia day of 19 yt , betora me, the
removing, and all other uses or purpoaea vhich are or may be related ' undersigned, a Notary Publ c n and for tRe State o[ Washington, to the saver line. It ie expreaely underatood and agreed that Spokana { Personally appeared cn.,.,.,er arr,.✓ , to me knovn to be
the P,t[s.A..,,. of DFAN BUILDINC CORPOAATION
County or ita succeeao=e end aesigne shell heve the right of ingreee , a washinqton
and egress trom tha property described above Lor the purpose o! 4 Corporation, end partner of STANTON DEVEIAPMENT CoMPIUiY, a xashington
constructing, alterinq, operatinq, maintaining, repairing, replacing, Cenerel Partnershlp vho is tha Cenaral Partner of STANTON-SPOKANE
removin9 or any other uses or , L•p•, a Washlnqton Limited Partnership that executed the vithin and
purpoees vhich are or may be related to lore
g oing instrument and acknovledgad the said instrument to be the
` the sewer lines, ~ freeandvolunta ~
ry act and deed of said partnership, for the usea and
Spokane County, ita auceeasors and assigna at nll times heroinatter, purposea therein mentioned, end on oath atated that he is autAorizad
at their ovn cost and exPense, maY remove all cropa, brush, grass or to exeeute the snid Snatrument and that the seal a[fixed (i[ any) is treee that may interfere vlth thn consGructing, installinq, operating, the eorporation seal of eaid corporation.
maintalnlnq, repeiring, alterinq, replncinq, removing and all other Civen under my hand and otticial seal the day and year last above
uses or purposes vhich are or may be related to a sever eyatem, vritten.
p ,.`~q%FE R
The Grentor's reserves the ri At to use and en o thet
ii subject of this easament for the purposes vhich villnoteintezwhich lere ~ :~~4;C~.O.: •
. ` io :is: tlOTAR'L PUBLZC ahC for the S~e of
vth the County s Lull enjoyment of the rights hereby granted. Lf
Provided, the Grantor'a ahall not erect or Construct any bui2dinq or - W4ahington, reaiding at er N/JOO/~
other atructure or drill on a oasement or diminish or substantially My commission expLres s•.e--. s.
add to tha qround cover over the easement. %~''•.~"S.~
- Spokane Connty's reaponsibility Lor maintenance ahall be contined
, eolely to the easament .
I
The ensement described hereinabove is to and snall run vith the land.
TRis easemant will be terminatQd at such a time the described area ie
platted.
Z yFFc a Tex Exempt 2
~u_ , ,.~Z
~
. YOL ~ 5,; S PhGE ~ i li YOl 1835 PAGE 8i1
STATE OF NASHING'fON ) SPOIWNE COUNTY DIVISION OF UTILITZES
)se Spokane County, Washington
County of ~tiNA )
BExLA AHD 71CCE88 ETSG1lENT
On this tj,~ day o[ eE..sr,~ , 19 Is , before me, the ,
undersigned, a Notary Publ c in ana ioc the State of Washington,
parsonally appeared to me known to be
the ~ofs.er,_.~ of HOUSLEY DEVELOPNENT CORPORATION, a The Crantor, STANTON - SPOKANE L• P A Na4hinqton Limited
Nashington Corporation, and partner of STANTON DEVEIAPHENT COMP7WY, a Partnerahin fo[ and Sn considaration of Mutual Bene[its, receipt of
Naehinqton General Partnerahip vho is the Generel Partner of STAHTOH- . vhich ie hereby acknovledged, convaya and varrente to Spokana County,
SPOKANE L.P., a Nashinqton Llmited PartneraAlp that executad tha a polltical subdlvieion o[ the State of Nashington, it'n succeasore
vithin and [oreqoinq instrument, and acknovledqed the said Snstrument and aeaiqna, a perpetuel non-excluslve eeaement over, under and across
to be thn Iree and voluntery act and deed of said partnership, Lor the the hereinaLter daacribed lands aituated in tha County o1 Spokane,
usea and purposes thereit► mentioned, and on oath stated that he ia State of Nashingtoni
authoiized to executs the eeid lnst=ument and that the seal affixed (it any) is the corporetion eeal of aeid corporation. ~ A Temporary Sever and Access Eaeemnnt [ourteen teet (141) ln vldth
over a portion of the South Ha1E o[ the Southvest Quarter and
Glven under my hend and otLicial seal the day and year last above Government Lot 5, o[ Section 8t T.25 x.. R.45 E., N.M., County of
vritten. ~~Spokane, State of Nashington, said easement beinq 5.00 leet southerly -
.~NIFEqI~'~., and 9.00 feet northetly of the Lollovinq described line: r,
. ~ ,.•,~t3i0N ••.J',~ ~ K~~iS.~..`_
` io Mor4 NOTARY PUBLIC Sn ahd'[or the State of Beginning et Lhe most northerly cornor of Tract "K" of RIVEAWALI( ,
~ - '
Waehington, reslding at z__..-osn FIRST ADDITION according to the plat recorded in Book 27 of
Hy cocunission ezpires a•'r- Si Plata, Pagea 77 though 40; thanco N.60100102^E. alonq the .
easterly prolonqation of the north line o[ said Tract "II" a
~ p~;•,.,,, Q. 1^01 distanca of 33.99 feet; thence N. Z9059 47 it. a distance of 135.53 feet Ghence o St60•OOU17°NINa dlatenee Nof C12~.7~ iteet nto Cha description;
of
-
thle lina deaciiption.
'fha parpotual non-oxclusLve aaecmont granted to Spoknnc County, ltz
lucceeeora end aeslqns le for the eolc purpoae o[ construction,
nstalllnq, operating, maintalninq, zepairinq,.alterlnq, replacing,
removing, and all other usea or purposea vhich are or may be relatad
to the eever line. It ie expressly understood and aqreed that Spokana
County or Sta successors and aesiqne shall have the right of ingress
and egreee trom the property deecribed above tor the purpose o[
constructinq, alterinq, operating, maintaining, repairing, replacing,
removing or any other uaes or purpoaes vhich are or may be related to
the eewer linea.
Spokane County, Sts succesaora and aesigns at all timas hereinafter,
at thair ovn coat and expenae, may remove all crope, brush, qrass or
treea that may intertere vith the constructinq, lnstalling, operating,
• maintaining, repairing, altering, replacing, removtng and all other
uses or purposee vhich are or may be related to a sever system.
~ The Grantor's reserves the right to usa and enjoy that property vhich
is subject of thie easement tor the purposes vhich vill not inter[ere
vlth the County's [ull anjoyment o[ the righta hereby granted.
Provided, the Crantor's ehall not eract or conetruct any buildinq or
other structure or drill on a easement or diminish or substantially
add to the qround cover over the easement.
Spokane County's reaponsibility Cor maintenance ahall be contlned
solely to the easement .
The eesement descrlbed hereinabove is to and shall run vith the land.
This easement will be terminated at such a time the described area ls
platted.
• ~ 1
~S.i S PhGE b 1 SJ'
IN WITNESS NHEREOF, we have hereunto eet our hnnd9 and saal thls
day ot Ft-Yt, 2v0.vr , 199~. '
STAN1'ON-SPOKANE L.P., STATE OF WASHINCTON
)
A Washington Llmited Partnerahip Courtty ot A ~ n G )98
v
BY: STANTON DEVEIAPNENT COMPIWY, A Washington General On thie 2k0 day of t , 19 betore me, the
Ynrtnarship ' undersigned, a Notary PuDY.c-inl8nd [oz the State ot itashington,
IT9 Fenerel Partnar pezeRelly eppoered }•~nC.~ , to me kno++n to be
the !-"E;.rl n-r Ot HOUSLEY DEVEUOPMENT CORPORATION, e
Washington Corporation, and peztnec ot STANTON DEVEiAPNEHT COHPANY, a
8Y: HOUSLEY DEVEIAPHENT CoRPORATZON, A Washington waehington Ceneral Pertnarehip who ia tha General Partner of STANTON-
Corporation, SPOK1►N2 L.P., a Washington Limited Pertnerehip that executed the
vithln end loreqoing Snstrument, end acknovladged tha eaid instrument
Partner to be the iree and volun[ary act and deed of eaLd partnetship, tor tAe
~ uaea and purposas tAerein mentioned, and on oath stated that he Ls
authorized to execute the said instrument and that the sea2 atftxed
BY: (i1 any) ie the corporntion seal of said corporation.
ITS Given under my hand and official seal the day and yeer last above
vritten.
BY: DEAN BUILDING CORPORATION, A Washington Corporation 19ru
Pattna[ , NE E~ C~~q~Nashinqton 2.,.Llre~idinq etr.~Cihome~~e of
- . ~ONEt,My commiaeion expires Q/•[)3•00
BY: o ap1Aq~ 9y. ~
ITS ~/ue3 i O tR'f T~ ~ u~ :0
pVe~i~ 'O ~
: vj,•~ ~.yo0 . 'V :
•,I `t OF ~ W p5
ACKNOHLEDGHENTS
i
STATE OF NASHIHGTON j ~
)88
County ot Vll^o~ )
On thLa 'a,n day ot Va`Or~.c..i - , 19 t~, bafore me, the
undersigned, a Notary PuDlic ~ff end for the State oI Nashington,
personally appeared Ed~.x~d.. ~e<&Na to me knovn to be
the Or«,_;s►eY o! bEAN BUILDING CORPORATION, a Washington
Corporation, and partner of STANTON DEVELOPNENT COHPANY, a Washington
General Pertnarship vho is the Generel Partner ot STANTON-SPOKANE
L.P., a Washington Limited Pertnerehip thet executad the vithin and
toreqoing instrument, and ecknovledged tAe said instrument to be the
lree and voluntary act and deed o[ said partnership, tor the uses and
` purpaeae therein mentioned, and on onth atated that he is authorized
to execute tha said instzument and that the seal atflYed (if any) ie
the corporation seal ot said corporation.
Given under my hand and ot[icial aeal the day nnd year last above
vrittan.
~ .
r
NOTARY PUBL[C n aqJ tor the State o[
,,'11uuu0~~Neahington, residlnq at
~sNCto.Hy commleaion expiree
. , ~~,'SpN E+g9r''
. i ~ %%O' Q` N•• ~
' i~.~•, PU8L1G .•p:
I 7j.•. 1•3-00
' 0 l l W ASe~~
' 2 ~
6101000e1
~ ,
n~tv19 ~M07 9603290131 property including minimum rents, Qdditionnl rente, percenlage ren ,L~ki+1'Pg-oicnmm~n`j~
O
(p maiotenance wntnbutions, tax uid insurance tontributioro, deficienty renls, liqwdated Jameges
' XSEMR57 BANK QCT 10 13 AA ~Q Y Collowing default in amr Lease, ell proeeeds peyable under eny poliry oCinzuronce covering loss oC
~N~ rmts resulting Gom untennntebility ceused by destruclion or damege to the Rea! Property, all
•i~ ~ uenuF proceeds payeble u a rault oCacersise of en option to purchase the Real Pcoperty, all proceeds
aurnz-rasrnwna+a.owAac
e~~~,,,~,,,,~ 9$1~1~OQ8 o~ ri~~r ~Y~T~ ~ derived from the termination or rcjeetion of eny Lease in a berJcruptty or other insolvenry
j0'0D1~°~'^'~^'sn•'~"TQ'0° c..o... ' proeeedin& ell searitY dePosib or other dePosiu for the erformance of nnY Icsxe s obli6ation~
c~ nuuvu~ vs rmo~ • P
A0i~10`'''i9603290132 951010008~`~ under the Leases, uid all proceeds Uom eny righn end claims oCany kind which Grantor may heve o
agninst any lessee unda the L.easa or any oavpante of the Rcal Property (all oC the above are •
DEED OF TRUST, SEC[lRI7Y ACREEMENl' herealler eollectivdy reterred to ns the'Rents'). This subscelion (e) is subject to the right, power ~
~ „~j • AND FIXTURE FfLiNC WITIi ASSIGNMENT ~ ~1Q~,Q008~~ end euUwnty givm to the Benefciary in the Loan Qoe,vments (m d~ned herein) to collect and apply
- ~
OF LEASES AND RENTS 9 60 32 3 0131_ m the Rents. ~
9603290134 W (Q All ofGroMOre righb to funher eneumber said Rea! Propeny Cor dcbt and atl m
THIS DEED OF TRUST, SECURIIY AGRCCMCNT AND FIXTURE FILJNG WITH tz" Grentor's rights to enter inlo eny lease egrecmmt which would create a trnancy that is or mey
ASSIGNMENT Of LEASES AND REIJTS ('Deed of Trust•) is mede Seplember 29, 1995 by become subordinate in any respect to any mortgege or deed of Iruu olher than tlus Deed of Trust
STANTON-SPOKANE 4 P., a 1Vashington limited partnership, ns 'Grentor, whose adAress
is 16720 N.E. 1161h Slreet, Redmond, WA 98052; to ItAiN1ER CREDIT CODIPANY, es • 2. COLLATEitAL'I1u following desenbed estnte, propcrty snJ rights of Gromor are C=
'Trustce', whose address ia P.O. Dox 33828, FAD•19, Seat11e,1VA 98124-1828; for the beneCt oC also inetuded es soarity for the perCortnana of eaeh covenant end egreement of Grantor contained
SEATT[.FFIItS'C NATIONAL DANK, a nalioonl banking assoeialton, as 'Dcnefieiary', whose herein and lhe payment of al1 sums of money secured hereby:
, eddreas is 10500 N E. Slh Strett, Suite 400, Dellevue, WA 98004, Attention: Real Esute Loan
~ Administrntion (e) All fumiture, Rimishing; nppliances, machinery, vehicles, equipment and nll
0 olher proputy ofvry Icind now or hereatler locoted on the Propeny, used or intended to be used on
ARTICLF. 1 ; Ihe Property wherever ectually loented, or purchnsed with the proceeds of the Nole (ns defined
~ herdn), and all righb ofCrantor es lusee ofany propeAy deuribed in this Seclion 2 end subseciion
~ 1. CItAMINC Ci.AUSE Grantor ircevocably grants, bugains, sells and eanvrys l0 1(d) above.
Q Trustee and ils successors end assigns in trusl, with power of sale ond wilh righl of entry enJ
possasion u provided hercin, slJ Grantors atatq right, tidq interesl, claim and demand, now owneJ (b) AII tompensalior, awards, damages, righis of ection end procculs (ncluding
~ on ceren(lcr aequiral, in and to Ihe following (the 'Property'); and any intereri on dny of the foregoing) nrising out of or relating 1o a taking or
- damaging ofthe PropMy by rcawn ofarty publie or private improvament, condemnauon procceding
8 (a) 71K rcal property in Spokane County, Washington, deuribed in ScheJule A (ncluding change ofgnde), fire, earthquake or other easualty, injury or decrease in the value of the
~ attaehed end any and all improvementi now or herealler loeated thereon (the "Real ProQeny'). ProPerlY•
~ (b) All land lying in streets and roads adjoining the Real Propeny, and all access (e) AII reNmed prdniumt or other peymrntf on any inwranco policies pertaining
rights and euements pertaining to the Real Property. to the Property and any refunds or rebates of taua or assessments on the Property.
m (c) All lhe lands, tenemente, privileges, reversions, remainders, irtigation anJ (d) A11 rights to the peymenl of monty, accounls receivnble, deferted paymenb,
weter rights azid uock, oJ nnd gas rights. royalties, mincrals and minenl rights, all development rights ' rtfiuWs, cost savings, paymerts end deposit; whether now or later to be received from tturd panies
end tredils, air righls, hereditaments and eppurtenancu belonging or in any wny peAnimng io the (ineluding all utility deposits), arehilectural and engineering plans, specirtcations and drswings,
~ Real Property. conuaa rights, govcmmrntal pemtiu end Gcense; and agrcemrnts and purchase orders which penain
to or ue incidentsl to the duign or eonstruction of eny impravemcnts on the Property, Grantors
(d) All builifngs, siruqura, improvements, fixtura, aquipmrnt and rtwchinery end rights under any payment, perfortnance, or othu bond in conneciion with construction of
propeny now or huealta attached to or used in eonneetion wiih 1he use, oeeupanty or operaiion of improvemrnts on the Propeny, nnd all construetion materials, supplies, and equipment delivcred to
Ihe Real Property including, but not limited lo, heating and incineraling apparalus anJ equipment, lhe Property or intended to be used in connection wiih the consuuction of improvemenis on the
~ boden, engines, motars, grnereting equipmenl, Ieltphone and other communicntion sysums, piping I Property wherever ne[ually located
, and plumbing fixiures, rnnges, cooking epparetus and meehanical kiichen equipment, reGigerators, cooling, ventilating, sprinkling and vacuum elean;ng syslems, fire extinguishing apparelus, gas end (e) NI eontracts end egreemrnts penaining to or elT'ecting Ihe Propcrty including,
elcctrie ficlures, irrigation equipmcnt, earpcting, underpadding, elevaton, escalalon, partitiom, but not limited to, menagemenl, operetins and Ganehise egreements, licenses, trade names and
mantles, built•in mirrors, window shades, blinds, scrcens, stortn sash, awnings, fumishings of public trademarks.
spaces, halls nnd lobbics, nnJ shnibbcry and planls. All propcrty mcnlioncJ in iliis subscction (J)
sh.ill be decmcd part of thc rcally end not scvcrablc wliolly or in pnrt wilhout mslerinl injury to the (Q All of Grentors interest in and to the proceedf of the loan ([he 'Loan')
Real Propeny. evidenced by lhe Note (defined below), whether disbursed or not, any aecount into which Loan
proceeds are deposited, ard Grantors own funds now or latcr held on deposit as equity funds or for
payment of bills relating to the Property
(e) All rcnts, issues arnd profits oClhe Real Property, all existing and fuiure Iwsu
of the Real Propeny (including cuensions, renewals and subleasa), all agreements for use and
: oewpsuky oflhe Rpl Property (aU such lessa and egraments whelher written or oral, are herea(tv (g) All loan commitments or other egreements, now or hercafter in eristence,
refured to as the'Leases'), and all guarantio of lesseee perfomiance under the Leases, togetlier with which will provide Grantor with,. to salisfy lhe Secured Obligations (defined below) and the
lhe immedinte and continuing right to colleet and receive all of the rents, ineome, receip(e, revenua, right to receive the proceeds due under such commitments or egreements including refundable
issua, profils and other income of any nature now or herealler due (including any ineome of any deposits end fees
. nuturc coming due during any ralanption period) undet lhe I.eases or from or arising out of lhe Real
. • •b
A. E Excise/ Tax Exempt
. Date QCr • ~O 19
. Spakane Couny Treaa.
. -r%i~,/T-
~0~. ~ r ' t~vncE ~l '1 0
P~~
~interest Ihermn at the rate aet Conh in ~he Note, unlu~ othe Ged-en~el+e~bou(h) All booln erid raords pertaining to any and of the i
' ~ ~ Fu
collateral dexribed sbove, ineluding wmputer rcedable memory end eny compuler hardwve or or egreed in writing.
soRware naessary to access and proeess wch memory.
~ (e) Paformw" ofeach agrament, term and eondition set Conh or incorporated
(i) AD edditiau, acassions, replncements, substitutions, proeeede end proeiuas ~ by reCerence in the Loan Documenu, as such may be amended. o
of the Propeny descn'bed in this Sation 2 and of any of the Property whieh is personal property. _
(d) Perfonnmue and pa}Tnrnt of the obligations of Grenlor (or any other obligor
The Property and eli of the property and rights desrnbed in Scctions 1 end 2 ebove ere refened to under the Nate) under each and every acisting or future 'swap transaction' (e., any transactions 00
wlleelively in [his Deed ofTru:t as the'Collateral'. ' govemed by an ISDA mester egreement) to which Grontor (or the obligor under the Note) end -
,W
, r- Dene6ciary ue partiek if thia Deed of Trust is rekrenced in sueh trenmction es a credit support
7. SECURI'IY AGiLEEMENT. ICeny of the Collateral is determined to be perwnal - document' m
property. Grantor u Dcbtor hereby grnnU to Seneficinry as Secured Pany a security interest in dl 00
euch personal property to sauro payment and perf'ortnanee otthe Sesured Obligations. Thia Deed = . Notwiihstanding any of the foregoing, the Securcd Obligetions shall not include the ~
ofTrust oonstituta a xcurity egreement between Crnntor and Ffrneficiery pursuant to the Umform ~ obligadoru of Gromor unda nny CutiGcate uid Indemnity Agreement Regarding IIuilding Lawe end 4
Cortunvaal Code bs adopted in the State of WasWngton, as now or heraaller emended, wilh respect Hazardous Substeneu now or heraQer executed by Granror (or eny o(her pcrson or enlity) in U
to the Collateral, and any nnd all propMy affeeting or related to the use and enjoyment of lhewnnectian with Ihe loan evidenced by the Note.
Property, now or herraAa desrn'bed in eny Unifortn Commercial Code Finaneing Statement rwming C4
Grantor u Debtor and Benefitiary u Seeured Party. The remedies of Beneficiary for any viol¢tion e,;, Grantor hereby (i) waives presenlment, demand, protat end notice of acceptance, demand,
ofthe eovenants, temu and eonditions of this Deed ofTrust or nny other [.oen Doeument (derined 1j protest end nonpaymrnt; ()i waives any and ell lack oC diligence or delays in colleetion or
below) shsll include all remedies available lo seeured putia undu lhe Unifortn Commucinl Code. enCorcement, the right lo plead lathen end any end all statules oC limitation as a defense to any
Crantor agrces the fiGng ofa financing statanrnt in the records normally having to do with pcrsonal demanA or ar+Y ather indulgmoe or forbeerame whatsoever with respect to Ihe Secured Obligations;
properry slull not be tonstrued u in anywise daogating from or impairing the intention ofGrontor (iii) weives nolice of aeceptance hereoCby Bank or Trustee under Ihis Deed oCTrust; (iv) waiva
and Brneficiary that everylhing used in eonnection with lhe production of ineome from Ihe Property nwtice of eny end ell edvanca made unda the Loan Doeuments or nrry otha egreement ucured by
lhat ia the wbject oCthis Deed of Tnul and/or adapted for use Iherein end/or which is described or this Deed ofTrust, (v) egrees that Bonk may make renewels and extensioni of the time for payment
re(leped in this Deed ofTrust is, end U ell tima end for aIl purposn and in ell proceedings bath legal of the Secured Obligauon; may modify the Seeured Obligetions, mny edd or release eny propeny
or equilable shall be, regerded as pert of lhe real eslate irrespective of whether (i) eny such item is directly or indirectly xcuring the Secured Obligations, and may other wise dcnl with the Dorrower
physiully attaehed to Ihe improvements, (ii) serial numben ue used for Ihe betler identiGcation of or eny guaru+tor or hypolhaator or collaterel es it may elect, without a!f'ccting the rights of Dank
eertain equipmrnt items eapable of being thus identified in any list filed with the Beneficiary, or (iii) 1+ere+nda. and hcrebY waiva notia therwF; and (vi) in eny action or proceeding to raover any sum
any weh item is referted to or retleeted in eny such Gnancing statement so filcd at eny time. sceured by this Deed ot'frust, waives any defense or right that resQrt must first be had to other
xcvrity or to any other person.
4. FINAtVCING S'fATENtENT. This Deed of Trust shall atso constitute a financing
statement filed Cor rccord in the real eslate records as a fature filing pursuant to the Uniform Grentors liability Cor payment and performance of the indebtednas and obligations oC
Commercial Code. This Deed oC Trust may be given to ucvre an obligation incvrted for the Borrower to IIank is not limited to the property eneumbered by this Deed of Trust if Grantor has
eonsuuction oFimprovemrnts on the Property, G+cluding the aequisition of the Property, or to secure egreod lo be liabla for sueh indebtednest and obligetions under a guarenty or other agrttment with
an obligetion incurted to refinanee an obligetion ineurted for the construclion oCimprovemenls on Bank.
the Property, including the acquisition oCthe PropeAy.
' S. ODLICATIONS SECURED. The Collowing obligntions ('Secured Obligations') ARTICLF, li ,
ue saured by Ihis Deed of Trust'
1. ASSICNMEfVT OF RENTS AND LEASES. Grantor hereby absolutely end
(a) Paymrnt ofthe sum of TWO h9LLI0N FORTY SEVEN 7110USAND AND irrevotably assignf to Ueneficiary ell Grantors inlerest in tht Ren[s and Lpses. The foregaing
NO/100 DOLLARS ($2,047,000.00) with intttt q thereon aeeording to the tnms of a promissary assignment is subjeet to the lerms and wnditions of any separate assignment of the Leases end/or
nole of even date herewith, payable to Denefitiery ot order u+d made by Grentor, including ell Renls, whcnever executed, in favor of Deneficiary and covering the Property. Grantor warrams it
• renewals, amendments, modifieations, extensiom and wbstrtutions therefor (the 'Note'). TflE ~s made no prior essignment ofthe Renls or the Leases and will meke no subscquent assignment
NOTE tifAY CONTAIN PROVISIONS A1.LOW ING FOR CFW9GES IN TFIL 1N7'GRL•ST (otha than to Uenefieiary) witfaut the priar writtrn eonsent of Deneficiary. At Deneficiar/e request,
RATE. Grnnlor shnll exewte ard ddiver to Dauficiary e uparate sssignment of rents containing such tertns
end conditions es Bcncficiary mny rwsonably rcquire
(b) Poyment of eny funher sums now or hereallcr advenced or loaned by
IIaxficiary to Grantor, or any of its meeaaon or assign; and payment oCevery other present end (a) Unless olherwise proviJed in eny separate assignrtunt of llu Leases ancl/or lhe
fuhue obligation owing by Grnntor to Dmeficiary of any kind, and all renewels, modiGeations, and Rents, and so long as Grantor is not in default unJer the Loan Documents, Crantor may collect the-
utentions thereof, induding nn}r intuesl, fea, eosl; savice ehnrga, indemnifications and expenses Rents as the Renb become due. Grantor shall use ihe Rents to pay nortnel operaung arpenses for
connated with such obligntions, if01 the promissory note or othv written docvment evidencing the the Propeny end surtu due and payments required under the Loan Doctimems No Rents shall be
futwe advanee or loen or other obligation specif enlly stata that it is secvred by thif Deed of Trust, coll«ted for e paiod subsequrnt to the airtent one month rentel period and first or last month's rent.
or (ti) the advance, including eosts and acpenus ine.vrted by Benefidary, is made pursuar.t to Ihe Grantors right to collect the Rents shall not constitute Denefciar7(s cOnsept to the use of cash
Note, this Deed of Trust or eny other doeumrnts «ecvted by Grantor evidencing, secvring, or collateral in any bankruptry praeeding.
- relating to the Loan, and/or the Callaterel, whether executed prior to, contemporaneously witli, or (b) ICGrantar is in default unda ihis D«d oCTrust or any othcr Loan Document,
, subsequent to thia Deed of Trust (thif Deed oC Trust, the Note and all such other documrnts,
including eny eonstruction or other loan agreement, and all renewals, amrndments, modifications or without noiice to Grentor, Deneficiary or its agents, or a coun eppointed «ceiver, may collea the
extensions thereof, are hereatter collatively referted to u the'Loan Documents'), together with Rents. !n domg so, Beneficiary may (i) evict Iessees for nonpayment of rent, (h) termmale in any
• . .y
YO' Pw-~I1H~ ' . . ARTICLF, III YOI,.-V "~-mGE--ITl-2
lawful manner any lenanry or occupancy, (iii) lease the Praperty m t e name of the Ihen owner on
auh lemts u il rtuy dam brst, (v) inslitute proceedings ageinst eny lessce Cor pest due rent, end (v) 1, NON-ACRICULTUIL%L USE. Grnnlor represrnts and warrants to Deneficiary Iliat
do aU otha aete and lhings u Brnefiaary deems nemsary or desirabla The Rents raeived shall be ndt}w the Property nor any other Collateral is uxd principally or primarily for agnculwral or fertmng
epplied lo payment oCthe eosta and expenaes oreollening Iht Rents, ineluding a reasonable fee to purposes
Denefeiary, a receiver or an agent, operating expensa for the Property and any wms due or
paymenb requircd unda the Loan Doauments, in suth order as Benefieiary may dnermine. My 2. PERMRHtANCE OF ODLICATIONS. Grantor s}ull promptly and timely pay all
exeess shall be paid lo Grentor, however, Benefieinry may withhold from any excas e reasonable o surtu due purwant to Ihe Loan Documents, slrittly tomply with all the ternu and condilions of lhe o
emount to pay sums enticipated lo become due which aeeed the anticipated futuro Renls. , Loan Document; end perform each Seared Obligation in accordance with its terms. r
Bmefieiar/s failure to eollett or diuontinuing wllettion at any time shall not in any manner afTect
the subsequcnt enforcement by Beneftrinry of its rights to collect the Rmts. The collection or ihe 00 3. WARRAN7Y OF TITI.E. Grantor wurants that it has good and marl:etable title co
Rentf by or for Beneficiary shall not cure or waive any deCault under the Loan Documents My -C- to an indefeas+ble ke simple estate in the Property (unlms Grantors present interest in the Property
Renu paid to BrneBciery or a radva shatl be eredited egainst the emount due from the lessea under :o is deacribed in $cheQyje,A u s Insehold intercst, in whieh use Grantor warrants that it lawfully ~
the Lcaso. In the evrnt eny lessee under e L.ease becomes the subject of any proceeding under i he ~ posassa and holdf a velid leuehold intettst in the Property es descnbed in Schedule A), and good ~
Bankruptey Code or any other Cederal, stale or local statute whieh provides for the possible marketable title to lhe personal property Collaterel, subjeet to no liens, encumbrancu, eaumcnts,
tumination or rcjation of any L.ease assigned haeby. Grantor eovenants and agrees Ihat in the evenl ~ assessments, security interesu, claims or defects oCany kind prior or subordinate to the lien of this
eny or lhe Lease~ ere ao rejected, no damages selllement shall be m~de without the prior written peed oCTrust, except those listed in Deneficiary's title insurance policy or approved by Deneficiery C
eonsent oCHmefieiary; any checlc in payment or damages for rejeetion or tertninetion of eny such ` in writing (the 'Ezceptions') end rcal atate texn end essessmentf for the current year. Grentor C
Ieav will be made payable both to the Grantor and IImefidary; and Grentor hercby usigns any such werrants the Fxceptions and Ihe renl eslate texes and assessmenb ere not delinquent or in default,
paymmt to Eieneficiary and further eovenants and agrea that upon request of Beneficiary, it will duly and Grantor has the nght lo eonvey the Property to Trustee for the benefit of IItneficiary, and the
endone to the order of Beneficiary eny such eheek, the proceeds of which will be epplied to any right to grant e soarity intam in the personal propeAy Collateral. Grantor will warrant end defend
portion of lhe indebtedness seeured hereunder in such manner ns DeneGciary may eleet. title to the Collateral end w81 defrnd the velidity and priarity of the lien of Ihis Deed of Trust anJ Ihe
s
(c) Regardless ofwhether or rtot Denefitiary, in person or by agent, lakes aclual ~
possasion ofthe Property or any part thereof. Benefieiary is not and shall not be deemed io be: (i) 4. PROIIIDITED LfENS.
'e mohgagcc in possession' Cor any purpose; (ii) respansible for performing any of thc obligations
of the lessor under any Lease; (iii) raponsible for nny weste committed by lessces or any oiher ' (a) Subject to Grantors riglits under subsection (b) below, Grantor shall not
parties, arry dangerous w defeetive tondition oCthe Property, or nny negligence in the managemenl, pcrmit ury govemmrntd or slalutory liens (including laxes, meehanic's or metenalmen's liens) to be
upkeep, repeir or eontrol of Ihe Property; or (iv) liable in any manner for the Property or the use, filed against the Collalvel acapl fot real atute lsxa artd esxssments not yet due and hens permiUed
oaupanry, enj,., ..._.t or operntion of ell or any part of it. In exercising its rights under thif Section by lhe Loan Doeuments or approved by Denefchry in wriiing.
1 Oenefieiary shall be Gable onfy fw the proper epplicalion of and eccounung for the Renis collecied
by Deneficiary or its agentil. (b) Gnmor will havo the rig'd lo contest in good fedh by apprapriate legal or
edministrntive protteding the vafidity ofury prohil ited IitR eneumbrance or charge so long a(i) no
2. LEASFS. Grantor shall Fully eomply with all of Ihe tertns, eondilions and provisions , deCault exirts unda Ihe l.oan Documrnt; (i) Grantor first deposia with Denefieiary a bond or oiher
oCthe l.eaw w that the svne shall not beeome in defsult end do all things necessary to preserve the xarity satisCactory to Beneficiary in the emount rwsonably required by Brneficiuy, but not more
Leases in force. Unless otherwise agreed in writing by Benefieiary, without Deneficiar/s prior Ihen the emounu specified in RCW 60.04 I61, as now or hereatler emended, (iii) Cranlor
wriurn conxnt, Grantor will not rnta into erry Lersa on a fomn of Lease not previously approved immediatdy eomrnenca ib cantat or such lien, n-cvmbrance or charge, applics to court for a show
by Beneficiary, (ii) for a term or lhree (J) yean or more, or (iii) eontaining an option or right to cause as provided for in RCW 60.04,221(9), as now or hereafter emended, end cantinuously pursues
purchese all or any part of the Collaleral in faver of any lessee. With respect to any Lease oC the Ihe contett in good Caith and with due ddigence; (Iv) forecloture of the lien, encumbrance or chuge
whole or eny part oCthe Property involving an initial term of Ihree (J) years or more. Grnntor shall is stayed, end (v) Grania pays arryjudgment rrndered for the lien claimant or other third peny within
not, without the prior written wnsent of IIeneficinry, (a) permit lhe assignmrnt or subleuing of all trn (10) days after lhe entry of the judgmenl. If the eontested ilem is e mechanic's or materialmen's
or part of the lessee's rights under the Lease unla.a Ihe right to essign or wblet is expressly reserved Ga% Grantor will fumish Ueneficiary wiih en endoriement to iu title insurance poliry which inwra
by the lessee undv the Lease, (b) modify or amrnd the Lcua for e lesser rental or tertn, or (c) nccept the priority or this Deed or Trust ova the lien bcing contested. Gnntor will discharge or elect to
surrender or the Lease or tertninate the Lease cccept in eccordance with tlie terms of ihe Leax contest and post an appropnale boad or othu secunty wilhin lwenty (20) days of written demnnd by
providing for tertnination in the evenl of a deCault. My proeeeds or damages result from a lessee's Bene(ciary.
default under any Lease, at Deneficiarys optioR shtl) be paid lo IIenefieiary and applied against sums
owed under lhe Loan Documenu even though such sums may not be due and payable. Excepl for S. TAVINEIYT OFTACES AND OTIIER ENCUh10IL1NCES. Granior shall pay
rcal estate laxa and assessment; without Ilenefrci. ys prior wriltrn conscnt, Grantor shull not pcrmit the real atate wca erd uny assessments or ground rentf ut least xvrn (7) deys prior to delinquency
eny Gen to be ereated ogairot Ihe Property which may be or mny become prior to any Leose If the unless otherwise provided for in Ihe ruerve netounl described in Seclion 15 below NI other
Property is panially eondemned or sull'ers a wsualty, Crantor shall promptly repair anJ restore the encumbrances, charges and litns afRc2ing Ihe Collalerel, including mortgages and deeds or Irust.
PropeAy in order to eomply with the Leases. whctha prior to or aubordinate to the lien ofthis Deed oCTrust, shall be paid when due and shall not'
be in default, On requat Grantor shaU fumish evidence or payment of these items.
~
~ 6 NIAIMENANCF-NO \VASTE. Granlor shall protect and preserve the Collateral
i
~ and mvntain it in good cond'nian and rcpair. Grantar shall Jo all acts and take all prccautions which,
from the character and use of the Cotlaternl, nre reasonable, proper or netesaary to so mninlain,
. i protect and prauve the Collateral. Grantor shall not commit or pertnit any waste or the Collatuel
. ~
. .w
. Y l! I78 PA6E 31'3 , . I 7 S 1 PhGE ~l J~j
19. APPLiCADLE IAW. The Loan Docvmrnts shall bc govened~y.Bndtons[lucd in STA'i'E OF WASHINGTON
eecordanee with lhe isws of the Stale of Wuhington.
)4
CRANTOR COUNfY OF KING )
STANTON-SPOKANE L.P., On this dey personally appeued before me Dnan Itousley, to me known (or proven on the
~ Washington limited partnership basis of satisfaqory cvidence) to be a member of Dean-Housley Compeny L.L C. a Washington
limited liabilily wmpany, the limited liabilily eompany thal executcd the wuhin and Corcgoing ~
Hy: DEAN-HOUSLEY COhfPANY L.L.C., instrument, and ecknowledged said insttument to be (he Gee and voluntery aa and deed af said °
a Washington limited liability wmpany, ~ ~ted UabiUty eompeny, Cor the usea and purposa thercin mrntioned, and on oeth stated that he wu ~
genenl partner o euthorizad to eceate said instrumrnt, and on oath fuhher statcd thet said limited liabilily wmpany pp
is the grnerel partner of Slentoo-Spokum L.P., s Washington Gmiled partnership and that said limitcd .a
Gability campsnry wai euthorized to oceeute said instrument on behelf of said limited pennership and W
By DCnN DUILDING CORPOR/1TION, C/J lhat said inswment was the free end volunwry eq end deed oCsaid linuted partncrship for the uses -O
~
a Weshington corporation, =
membv end purposa thcrein menlioned.
T ~ GIVEN UNDER my hand and oflicial seal lhis v- day of 1995. ~
4Y: ~~~am R
P. Edwud Dean ( E !
Presidrnt ~~,,t80%~oti .~+ya4~,
~~TA4~ ~`•~''i1nr~lJoraryName/~.,.....«.r ~ r..~..~.I '~eti~ `ENc&ry Public in end for the Slate of Washington
•'JU'dinget [v,..,v.reie
AiY ePGointment erpires ~ /c- • sc
Bn ~ousley~ aG~
J . WASN.
member
i
STATE OF WASHMGTON )
A
COUNTY OF KING )
j REQUEST FOR FULL RECONVHYANCE
On thif dny personally eppearcd before me P. Edward Dean, to me known (or provcn on (lie To be uxd only when all obligations have been paid
basis of utisfactory evidence) to be the Presidrnt of Dean Building Corporatior. a Washington under the Note and this Dced of Trust
torporatior4 the eoryoration that ncecvted lhe within and foregoing instrument, and acknowledged
eaid insttument to be the free and wluntary act end deed of said corporalion, for the usa end TO. TRUSTEE
purposn therein mrntioned, and on oath stmed Ihnt he was wlhorized to exaute said instrument and
that the sesl afrixed, if eny, ie Ihe eorponle senl of said eoryoration, and on oaih Curther nated that The undersigned'u the legal owna and holder of the Note and all other indebtedness secured
seid eorporation {t a member of Dean-Housley Company L.L.C., s Washington limited liability by the wiihin Deed of Trust. Said Note, together wiih all oiher indobtedness smired by svd Deed
eompany, and on oath stated lhat said limited liebilily eompany is the general partna of Stanton• oFTrust, has ban fully paid ud satisfied; end you ere hereDy requestcd end directed, on payment to
Spokane L.P., s Washington limitod partnerahip and lhat said Gmited Gability eompany wes authorized , you of eny sums owing to you under the terms of svd Deed of Trusl, to cancd said Nate above
, to ueate the seid instrument on behalfof said limited pertnership snd that uid instrument was the mentioned and all other evidence of indeblednas secured by said Deed of Trust delivered to you
Gee and voluntary act snd deed of aaid limited psrtnership for Ihe usa and purposes therein herewith, together with seid Deed of Trust, and to reconvey, wiihout wertanty, 1o the parties
mentioned. designated by lhe terme of said Deed of Trust, all ihe estate now held by you thcrcundcr.
GIVEN UNDER my hand end official seal Ihis y- day of c,a , 1995. " Dated . .
. ' .
.
. ~ Fy 's'~
`p . ,
s~oM f{ p' ~ -.-Mail recomeyance to.
tPrrnlNo/nr~N~f
.o
Notary Public in and Cor ihe State of Weshington
• ~in~,, ~uiu~ ?ti residmget t....-.roon
:,yl ti,~ ►icw ,••'ti~t
; . •`~ca . MY aPPointment expiru
WASN~.•'.' i
• • •t7• .Ih
0 1 YAbt 2 jY .
• ' y . ~1 1l
7. ALTERATIONS, REMOVAL AND DEMOLI7'ION. Unless oiherwise agreed 14. IIAZARDOU$ SUUSTANCES. PecE 4 ' in writing by Denefieiary, Grantor shall not structurally elter, remove or demolish eny buildmg or
improvarxnt on lhe Proyerty without IIenefiaary's prior written eonsent. Grantor s1u11 not remove (e) Grantor represents and warrnnts to Ben , o t e but or Grantals
nny fixturc or othn itan ofpropetty which u part of Ihe Collateral without Deneficiarye prior written Icrowledge efter due end diGgent nquiry, no hunrdous or toxie wezte or substnnces are being stored
conunt unlas the fixture or item of propeny is replaced by an article of equal suitabilny, a.vned by on ihe Property or ury edjacent propeny nor have any such waste or substances been stored or useJ
Grantor Gee and clear or eny lien or security interest. in, on, uoder, over or ebout the Property or any edjacent properiy prior to or dunng Grantorf
owrwship, possescion or eontrol of the Proputy, other tlun the use or storege of hunrdous or tox~c
8. C0~1PLE7'ION, REPAIR AND RESTORATTON. Grantor shall promptly o wesle or wbstnnea generolly used in the ordinary eourse of opereling, maintaining or developing
complete or tepair and restore in good workmanlike manner eny building or improvement oo Ihe r propertia such u the Propeny, all oCwhich Grantor cavenants have and will be used, slored end
Propvty which may be construeted or damaged or datroyed and slutl pay ell costs incurred thcrefor. ~ disposed ofin eaorclana wilh cammucially rdsonable practices end all epplicable fcderal, sime and °
Prior to commencement or nny tonriruction Grantor shnll submit tho plans and specificatione for 013
local Inws, regulalions and ordinances. Grantor shall provide written noticc to Reneficiary
Ueneficiarys npproval and fumish evidenee or w(licient fund~ to tomplete the work. -
~ immodintely upon Grantor Aecoming eware that Ihe PropeAy or eny adjecent propeny is being or has LYj
been wnmminated with haurdous or loxic wasle or substencco Granlor will nol cause nor pemiit ^
9. COMPLIANCE WIl'li L.A~VS. Grantor shall comply with all law~, ordinance~, T any nUivities on the PropeAy which direcUy or indirttUy could result m the Property or any other LO
regulations, covenents, conditions, and restrictioro aliecting the Collateral, including, wiihout -o
property becoming contaminated with hazvdous or loxic wazte or substances Far purposes or this
limitation, all applicable requirements of the Fair Housing Aa or 1968 (as amended) and the Deed ofTrus4 the lertn'lwardous or loxic waste or substancn' means any chemiwl, wbstance or
Amaicaru With Disabilitia Aa of 1940 (ns the aame mey be amended Gom time to time), and ehall C material elassified or designeted es haxardoqs, toxie or radioactive, or similar term, and now or
not eommit or permit any act upon or toneeming the Collateral in violntion or eny such laws, I--ti hereeRer regulated under any applicable federnl, state or local slatute, regulation, ordinance or
ord'ut..uKn, regulations, wvrnants. eonditions, end «strietions. Grentor :hall defend, indcmniCy and requirement, now or herea(ler in eR'ect, pertaimng lo environmentel protection, coniamination or ~
hold Brnefidary harmless Gom and against all liability threatrned egainst or sufPered by Oeneficiary eleanup.
by reason of a breach by Crantor of Ihe Coregoing represenlations, warraniies, covenants and
agreemenb. The foregoing indemnity shall include the cost of all elterations to the Collatera! (b) Grantor shall comply, nt Granlor's erpcnse, with all statutes, regulations and
(including arehitedural, engineaing, legel and eccounting easls), all finn, Qn end penaltia, and ell ordinances which epply to Grantor or the Collateral, and with ell orders, decrea or judgments or
legn) nnd other expenses (including ettomeys' fea) inturred in connection wiih the Propeny being qovenunental nuthoniia w eouns having jurisdiqion which Grantor ii bound by, relating to the use,
in violslion oC any such lews, ordinances, regulalions, covenanls, conditions end reslrictions. [f wllection storege, treatment, control, removal or cleanup of hsurdous or toxie substances in, on,
Beneficiary or iu designee shell baome the owner or or acquire an interat in or rights to the unda, ova or about the Propety or iq oq under, over or ebout any edjacent property that becomes
Callataal by foredowre or deed in lieu of foreclosure of this Deed of Trust or by other meens, Ihe eontamineled with hnurdous or toxie wbstanca as a result of eonstruction, operauons or other
fotegoing indemnification obligation shall survive sueh foretlosure or dced in lieu of foreclowre or aetivitia on, or the wntamimtion of, the PropeAy. Deneficiary may, but is nol obligated to, enter
other atquisition of Ihe Collaternl. Notwilhslanding 1he preceding sentence. Grantor shall have no upon Ihe PropMy to inspeet it for compliance and Io take such ections end incvr wch costs and
obligation to defend, indemnify or hold Benefieiary harmlw Gom any liability erising Gom or out of pcpenses to effect sueh compliance as it deems ndvisable to protect its interest as Beneficiory; and
the eetivitia of IIcneficiary or ils agents with reapeet to the Collateral on or aRer the Iransfer of the whether or not Grantor has actual knowledge of Ihe existence of hazardous or toxic subslnnees in,
Collataa! to Denefeinry pursuant to foreelosure proceedings or in lieu thereot or4 under, over or ebout the Proputy or any adjacent property u of the date hereof, Crantor shall
rdmburse Dmefciary on dernard for the full amount of all rnsts and expenses incvrred by Deneficiary
10. MIPAII2MENT OR CO[.I.ATEItAL Grantor shall not, without Deneficiary9 prior prior to Denefieiary ecquiring title to the Propeny through foreclowre or deed in licu oC foreclowre,
vrtitten eonsent, ehange the general nature or the oecvpanry or the Property, initiate, ecquire or in eonnection wqh such compliance aetivitia.
permit eny change in eny public or privale ratriclions (including wilhout limitation e zoning
ralaui6cation) limiting ihe uses whieh may be made or the Collaterol, or teke or permit any action (e) Cranlars obligalions under Ihis Seclion 14 are unconditional anJ sliall not be
which would impair the Collaterol w DenefitinrYs lien or xcurity interest in 1he Collaterel. limited by e non-recourse or other limitalions oC liability provided Cor in this Decd of Trust or any
othv Loun Doeument.
11. INSPECT(ON OF COLLATEitAL [leneficiary end/or its representative may
inspect the Collateral at rcasonable times aRer rpsonable notiea 15 RESERVE ACCOUNT.
12. CRANTOR'S DEFENSE OF COLLATERA4 Grantor shall appear in and deCend (e) Subject lo subsection (d) below, if Deneficiary so requires, Grantor shall pay
any selion or proeeeding whieh may eltect the Collateral or the righta or powers of Deneficiary or lo Dcneficiary monthly, together with nnd m addition to any payments due under the Note, a sum,
Trustee undu this Deed oCTrust. ns estimated by Ueneficiary, equnl to Ihe ground renis, dany, the rwl eslale lanes and assessments
next due on the Properly end Ihe premiums ne:ct due on insurance policies rcquired under the I,oan
13. D ENEFICIARY'S RICIIT TO PROTECT COLI.ATERAL Beneficiary mey Documrnls, less all sums already paid therefor, dividcd by lhe rtumbet of months to elapse beforc two
commence, appeu in, end deCend any eetioo or proceeding which may efTeet the Collaternl or Ihe (2) months prior to the date whrn the ground rents, rcal estate tsxes, essessments and insurance
nghts or powvs of DeneGeiary or Trustee under tliis Decd of Trust. Deneficiary may pay, purehase, premiuma will bxome delirqurnt. The monthly reurve accounts payments and any other payments
contest or compromise any encumbrance, charge or lien not listed as an Excepuon which in us due under the Nole shall be paid in e smgle payment and applied by Oenefieiary, at its option, in Ihe'
judgment appcars to be prior or superiot to Ihe licn af this Dted of Trust. lf Grantor fnils to mnke following order. (1) ground rents, real alata taxes, asscssmenls end insurnnce premiums, (2)
any payment or do any ea required under the Losn Documents, Beneficiary, withoul any obligation • expendiwres made pursuant to the Loan Doeuments and interest thermn, (J) intcrest on the Note,
to do so end without rcleasing Grantor Gom any obligatioru under the Loan Documents, may make '
and (4) principal due on Ihe Note Grantor shall promptly deliver to Beneficiary all bills and nouces
the peymrnt or wux the act to be perCormed in suth menner and to such extent as Deneficiary may pertaining 1o the ground rents, taxes, essessments and insuranee premiums.
deem necessary to proteet the Collnteral. Deneficiary is aulhorized to enter upon the Property for
. such purposa In autising ury of these powen Denefidary may incvr wch expenses, in its absolule (b) The reurve actount is wlely for the protection of Denericiary Ueneficiary
discrUioq it deems neeessary. sh.ill have ra raponsibility except to aecht propaly the sums actually «ceived by it. No inlerest will
be paid on the funds in the reserve eccounl and Deneficiary shall have no obligation to deQosit the
. funds in an interest•bearing ectount. Upon assignment oC lhis Deed of Trusi by IIeneficiary, eny
. .
• • -4
, • 1 Ph6E ~t V111!1 1 Ph6E `1
Curuls in the resave aaount sha11 be tumed over to Ihe assignee enif-nnympbnsibiliry of Dcneficiary (b) Grantor aelrnowledga Deneficiary is taking C ions in rdiance on the erpctise,
with respect thveto sfull tmninata Eneh transCu of the Property shall automatically transCa to the skill, acpuienee arid rclubility of Crantor, and the obligatiom secvred hereby include met«ial
grantee all righu of Grantor to any fundi in Ihe raerve aeeount. demente similu in nature to a penonal xrvice conlracl or ownership interest. ln considerntion or
Bawfidarys refwieq Grantor egrm that Crantor shall noe make eny Aecelerating Transfer without
(c) ICthe totnl oCthe paymrntf to 1he reurve exceeds the amount or payments Beneficiary's prior written consent, which Deneficiary may withhold in its sole discreuon. If
actually rtude by Drneficiary, plw such amounts ns hnve been reesonably aecumuleted in the resrne Benefiriary mrtsent; it mny charge Ihe Grnntor a fee m consideretion for such conunt and condition
eccount toward paymrnts to baome due, such excess may, at Deneficiarys election, be (1) uedited iu consent on such changes to the temu md conditions of the Note nnd other Loan Doeumems es
by E3enefiaary egainzt wms Ihrn due end payable under the Loan Doeuments, or (2) «funded to Bene6dary may requ'ue, includmg witlaut Gmitation increasing the interest rate on the Note Grantar
Grnntor ea ils name eppaus on the reeordf of Drneficinry. If, however, Ihe raerve eccount does not shall pay Beneficiarys actual costs inwrted im making itf decision to consenl lo en Accelcraling
luve sutidrnt funds to make the payments when they Deeome due, Grantor shnll pay to OeneGciary Trerufc, inctudmg but rot limited to the cost of aedit repona, an updatcd eppraisal af Ihe Propeny,
the emount neeessary to make up the detieieney within filleen (IS) days e(ter writun notice to o en updated enmronmenlal assessmmt end documentation. If any Aecelerating TransCer occvn ~
Gnntor. If Ihia Deed of Trusl is Coreelosed or if Benefiriary otherwise aequires the Collaterel, the • ; without Benefieiarys prior written eonunl, Denefieiary in its sole discretion may declnre m °
Beoeficiary shall, al Ihe lime or eommencement or the procecdinga or nt Ihe time the Collateral is ~ immedate default end all suma seaired by this Deed of Trust to be immediately due and payable, and ~
' otherwise ecquired, epply the remaining fundt in the rescrve account, less such sums as will become C10 BerxSciary may imroke ury rights end «medies provided herein. Thie provision shall epply to each p:)
due during lhe pendenry of the Y..._....:ing& egainct the sums due under the Loan Docvments and/or ::i. and every Aceelerating Transfer regardless of whether or not Denefitiary has conunted or weived ^
to make payments required under Ihe Loan Documente. ro iu rights, whethc by action or nonauioR in connection with any previous Acceleraung TransCer(s). :A:
v 'O
(d) Unless required by the terms oCDeneficiery's loan commitment or any other m (c) If ell or eny parl or this Section 17 relevant to e particular Accelerating ~
Loan Docvment, Grentor shnll not be required lo poy momhly reserve eecount paymenu so long es X_ Tranckr is unenfarcable accordng to the law in effect et the time of the Accelerating TraruRr, Ihen ~
there has been no more than four (4) Iate payments due under the Note throughoul the term or the C Grnntor sha[I reimburse Deneliaary for ib eetual costs incurted in processing the Accclerrting C
Loan and lhere is no other default undet the Loen and so long es Grantor remaine in ownership or tj„ Trnrufer on its reeords, including Aul not limited to the cost or modifications of Loan Docununle, ~
the Collateral, provided receipled bills evidencing the payment oCell laxes and/ar nsussments and an appreisal, and obtaining relevant credit and finaneial information.
insuranee premiums are exhibited lo Beneficiary within fifleen (15) days afler Beneficinry/s request !
therefor. Upon any elunge in nny otlhese eonditions, Deneficiary nny, et its option Ihen or therenllu 18. RELEASE OF PARTIES OR COLI.ATEiLAL Without affcaing the obligaiions
exerciud, require the payment of reservu purauant lo this Seclion 15. of any party under Ihe Lonn Documents and without alTecting the lien of this Deed or Trust and
Benefieiary's security intercst in the Collateral. Ueneficiary end/or Trustee may, without noiice (e)
16. REPAYMENTOF IIENETICIARY'S E?CPENUITUItES. Grantors}ull paywithin release all or nny Grenlor nnd/or nny other party now or herenfler liable for any oCthe Secured
ten (10) days aller writtm notke from Bmefidary atl sums expended by Denefiaary and all costs and Obligations (urluding guerentors), (b) rdaue all or any pan of the Colleteral, (c) subordinate thc lien
expenses incurted by Beneficiary in taking any actions pursuant lo the Loan Documents including of tAis Deed of Trust or Beneficiary's sxurity interest in the Collateral, (d) take and/or release any
attomtys' fees, aceountants' fea, approisal and inspeetion fees, and Ihe costs for tille repflns. If sny other security for or guarantees of the Securcd Obligations; (e)'grant en extension oC time for
laws or regulations ve pasud subsequeM to the date of this Deed ofTnrst which require Deneficiary perfortnance of the Secured Obligetion; (Q modify, waive, forbesr, delay or fail to enforce any or
to inau out-of-pockd uprnsa in order lo maintain, modify, extrnd or Coreclose this Deed of Trust, the Seeured Obliguions, (g) xll or otherwise rwlize on any other security or guaranty prior to,
rcviu the temu of the Loan or consent to an Aeedenting Transfer (u defined bdow), Grnntor shall contanporoneously with or subsequrnt to a sale of nll or any part of ihe Collaternl, (h) makc advancce
reimbune Denefiuary for wch expensea within fiRttn (15) days alla writtrn notice from Denefieinry, puratart to Ihe Loan Dowments including ndvaz+ca in extess or the Note emount, (i) consent to ihe
Fxpenditures by Deneficiary shall bear interat Mom the dule of wch ndvanee or expenditure at the ~ maldng of eny map or plat oC(he Propeny, and (j) join in the gront of eny easement on ihc PropeAy.
default intuest rate in the Note, shall eonstitute advunea made under this Deed of Trust and shall ~ My subordinate lienholder shail be subject to e(I such rcleases, extensions or modificalions wilhout
be secvred by and have the same priority as the fien of Ihis Deed of Trust lf Grantor feils to pay any ( nolia to or consent Crom the wbordinate fienholder. Crantor shall pay any Trusttt's, attomeys', litle
such expenditure; eosts and expenses end interesl Ihereon, Beneficiary may, at its option, without ~ insuranee, recording, inspection or othor fees or r.cpenses incuned in connection with relcase or
forabzing the lien of this Deed of Trust, tommence an independent ection against Grantor for the Collateral, the makmg of a map, plat or the grant of an eaument.
recovay of lhe «prnditura and/or edvanee any undisbursed L.aan proceeds to pay the upendiwres. ~
• ARTICLE IV
17. ACCELERATIIVC TRANSFERS.
, L INSUILANCE. •
(a) 'Accelereting Trensfer' means any sale, contract to ull, convtyance,
encumbrance, transfer or full posussory rights, or other transfer of all or any materiel part of the (e) Grantor shall maintain such insurance on ihe Collateral as may be rcquired
Copatual or eny intuut in it, whdher voluntery, involuntary, by operation of Itw or olhenvise nnd Gom time to time by Dcnefiuary, with premiums prepaid, providing replacement cost covernge and
whaher or nol for rarord or for eonsideration. If Grnntor is a eorporation, 'Aeeelereting Trensfu" innuing againzt loss by fire and weh other risks covcrcd by extcndcd eoverage insurnnce, end such
alw means any transfer or trsnsfere or ehares pouessing, in the aggregete, more than fiRy percent i otlw perils end rislu ss Drneficiary may raquire from lime to timq including ennhqunke, loss of rems
(50°/.) or the voting power. If Grantor is a partnership, 'Aeeelerating TransCer' also means erd businw intertuptioa Grantw nlso slull maintain eomprehrnsive grneral public liabildy insurence
withdrawal or removal or any genere) pnAner, dissolution of Ihe partnership, or eny transfv or any I end iCthe Property is locaied in a designated Ilood huard erea, flood insurance rVl msurance shall •
trensfrn of, in the eggregoty more thnn fi(ly percrnt (SOYe) of the partnership interuts. If Crantor be with compania aatisfactory lo Benefieiary and in such amounts and wilh such coverages as
ie the majority owner of a businw, either through ownership of shares oCa corporation or interest IIax6eiary may require from dme to time, with Irndefs Iosa payeble clauses in favor of and in fortn
in a partnership or otherwise, which oeeupia seventy-five percent (75°/.) or more of Ihe ' satisfactory to Bcnefiaary. At least thirty (30) days prior to Ihe expiretion of the tertn or any
improvenunts on the Property, 'Axderating Transfer' alw means any silq contract to sell, or olher insurence poliry, Grantor shall fumish Beneficiary with wrilten evidence oCrenewal or issuance or
, transCaofthe buynest or substantial assels ofthe businas, olher Ihan in lhe ordinary couru, or the e setisfaetory replacement poliry. If requuted Grantor shall deliver copies oC all polices io
• failure of the busmess to continue to oceupy lhe Property. Beneficiary. Fach potiry of inauanee ahall provide Deneficiary with no less than fony-five (45) days
' prior written notiee oCeny wuellation, expirotion, non-renewal or modification.
•ia
. . 4.
• ' YOL PAGE Ot. I ! 6 l PAGE '1 '10
(b) In the evmt pf forccloaue of this Deed of TruTll in,erest of Grantor in any and/or repair wn be eompleled et lenst three (J) months prior to the d'atrthaNoiia. _ y i,i hie
in3urJ1nee poGcies pertaining to the Collnteral and in any elaims sgeinst Ihe policia and in eny Deed of Trust is due and peysble; and (vi) no default under nny or the Loan Doamenta shall heve
proceeds due undu the policia sholl pass lo Denefieiary, occurred end be eontimmng. If the Coregoing condUions nre met to Dcneficiary> >atisfactioq
Baufieiary ehsll hold the Na Claims Praeeds and any fueds which Grantor is requircd to provide
(e) Ifunda the lemv of nny LAmse the lusee is required to mainlain inwrance or end shall disburse Ihem to Grenror to pey tosls of ropair or reconstruction upon prsuntation of
the type tequired by lhe Loan Doeuments and iCthe insurance is maintained for the benefit of both evidence reesonably setisfaaory to Dene6ciary that repair or reconstruction hu bcen eompleted
the lessor and Denefieiary. BeneCaary witl aceept wth policies provided all of ihe requirements of satisfactorily end lirn-Gee However, if Deneficiary finds thet ane or more oCihe wnditions are not
Beneficiary and the l.oan Dowrtsmts ere met In the evmc thc lesxe Cails to maintain such insurancc, satisfied, it may epply the Nct Claims Procceds lo pay or prepay some or all or che Nate
Grantor ahall promptly obtain such policin as ue required by the Lonn Documenu.
ARTI CLU
(d) VCrantor Cals to maintain any inwrLnce required of it by Beneficiazy, or fails o ~
to pay eny premiums with respect to wch insurencq Ueneficiary rrwy obtain such replacement 1. DEFAULT-11EMEDIES. ~
inwrence at it dartu necessary or dairnble, or pay lhe necusary premium on behalf or Granior, arui ~
eny wmt apended by Baxficvtry in so doing sha11 be edded to the principat balance of the Note nnd 00 (a) Cranror wip be in default undet this Decd of Trust upon the occurrence or any ~
bear intuest at Ihe deCault interest rate xt Corth in the Note. ~ one or more of the following events: My payment is not made when duc under the Note, thu p
• ~ Deed of Trust or any other Loan Doeument; (ii) There it a default under, a breach of, or failure to ~
2 DAMACES AiVD CONDEMNATION AND INSURANCE PROCEEDS. m perl'ortn any other wvenant, agreement or obligition to be performed under this Dced or Trusl or
airy othtt C.oan Doamenl, (u7 My repraentuion or warranty comained in this Deed ofTrust or eny m
(e) Grantor hereby abwlutely and irtevocably usigns to IIeneficinry, nnd other Lonn Document, or any financial information fumished to Deneficiary m connection with the
authorirts the payor to pay to Dertefteiary, the following claims, causes of actior4 awards, paymtnts ~ Loan, Provn to be false or misleading in any mawrial respect; (iv) Grantor defaults under any Icase
and rights lo payment: (i) all awards oCdamaga and ell other compensation payable directly or or other eontract or agreement relating to lhe eoltaleral, end ach de!'autt is not cured within the c
indirectly beeause of a eondemnalioq proposed condemnation or taking for pub(ic or private use f applicable cure period, if any, (v) Crantar, or the maker olthe No1e if different from Grantor, is m C'
which elfeets dl or part of the Collateral or nny interest in it; (ii) all olfier awards, clnims and causes ; default with respect to eny other loan Gom Denel.eiary to Grentor and/or such other borrower; (h)
of aetion, arising out or eny wartanty efRcting all or any part of the Collateral, or Cor damoge or Cranior, any mnker of the Note ifdi(Terent Gom Grantor, or any guaranior of the Loan fnds to pay
injury to or deaease in value of alt or paR of the Collateral or any interest in it; (iii) al1 proceeds of his, her or its debu ganenlly as Ihey become dcq or fila a petition or ection for relief unJer any
any insurente policies payable beeauu of loss suslaincd lo all or paA of Ihe Collaternl, and (iv) all bankruptry, rtotgenizelion or insolvency laws or mnka an essignmenl for the bencfit of creditors;
interest which moy acwe on any or the Coregoing. or (vit) an involuntary pctition is filed ageinst t;rantor, any maker of Ihe No1c if dill'erem from
Crnntor, or arry guarontor of the [.avn under airy b;inkruptry. reorgenizntion or othu insolventy lews,
(b) Grantor shall immediately notify Beneficivry in writing if: (i) eny damnge or e custodian, raeiver or trustee is eppointal to take, possession, astody or conlrol of Ihe
occurs or eny injury or loss is wsteined in the amount of 525,000 or more to ell or part of Ihe Collateral or any other propenies or assets o( Orantor, of any maker of the Note if dilfcrent Gom
Collateral, or erry aaion or proeeeding relating lo any such damage, injury or loss is commenced; or Crantor, or of any guarantor or the Loan, erot such pdition or eppointment is not set aside,
(ii) eny oRer is made, or any action or proeeeding is commenced, which relates to any ecluel or wiihdrawn or dismissed within thiny (JO) days from lhe date of filing or eppointment.
proposed wndemiwtion or Ieking of all or part oCthe Collateral. If Denefieiary ehooses to do so, it ~
rwy in iU oxm name appear in or prosecute any aetion or proceeding to cnforce any eaux or acuon (b) in the event or a dcfault 13eneficiary may declare tho Secured Obligations,
bated on werTUnry, or for dartugq injury or loss to ali or part ofthe Collaternl, ¢nd it may make any without limitation, the Loan nnd nll other indeb:edness evidenttd by the Note or eny other Loan
campromiu or setUement of the action or proceeding. Beneficiary, if it so chooses, may participate DoNmrnC irtvnedietely due eid payable efter noti;e u set foAh in Section 2 below, and/or exerciu
in any aqion or proeeeding relating lo eondemnation or laking or ell or pzrt or the Collateral, and its nghts and remedus under the Loan Document s and applicable law including, without lirtutation,
may join Grantor in adjusting any lois covered by insurance, forecloaue oCthis Deed of Trust judicially ss a mortgage or noo-judicially pursuant to the powa oC
sa(a Deneficiarys aercise of eny of its rights anii remedia shall not constitutc a wa'rvtt or aro of
(c) Ail proeaQs ofthae auigria) clairtu, other propMy and riglits which Grentor a default. Beneficiarys failure to enforce eny of its remedief in the cvent or a deCault shall not
may receive or be entitled to shnll be paid to Benefitiary. In wch instance. Deneficiary shall apply ! eonstitute a waiva oC the defeult or any subsequ ent default of its righls and remedies with respect
thou proeeeds first toward reimbursement of all of Beneficiarls costs and expensa of recovenng to such default. !n ihe event of foreelosure. Ille cost of the title premium for the Irustee's sale
, the proceeds, including ettomeys' fea. , guaranty (or equivalent iitle polity or report) shaU be paid for by Grantor and shall be added to cnd
be e part ofthe Seared Obtigations Ifthis Deed ofTrust or any ofthe other t,oan Documents are
(d) If, in any instance, weh and all or Ihe following eondilions are saiisfied in reCerted lo en attomey ror enforcement or for preservation or Deneficiary's rights or remedies, nnd
IIrnefiaarys reasonablejudgment, Beneficiary shatl pmnit Grantor to use the balance of Ihe proceeds wheIhcr or not wit is filod or any proccedings ue c•immeneed, all or Deneficieryi cosls and expenxs
('Nel Claims Proteeds') to pay eosts of repairing or reconsltucting Ihe Collaleral in Ihe mnnner , inc+rted in connectiort therewiih inctuding, uathout limitation, Trustee's and altomrys' tees (incluJmg
descn'bed below: (i) the plans and spaificalions, eost brdkdovuR constniction contract, construction a«omeys' Ra for nny eppeal, bankruptcy prottt ding or eny other procttding), acwuntanti fees,
sehedule, contrector and paymrnt and perfortnaiue bond for the work of repair or rcconstruaion eppraisal and intemul eppraisal review fecs, insiiection fea (including insptttions for hn7ardous
• murt all be eaeptable to Deneficiary, (u) Dauficiari must._._: _ evidence satisfactory to it thnt ellcr wbstanew, asbestos eonteining mnterials, and compliance with building end land use codes and.
npair or reeonstniuion, Ihe CoUalerol will be at lenst as valunble as it was immedielely before the • ~ reg+lotions), rngineering fea, uid expM witness fces end costs of tide reports shall be addcd to enJ
damage or condemnation occurred; (iii) Ihe Net Claims Proceeds muzt be suRcient in Denelctinry's ba a pdrt of the Securtd Obligeiions artd shall be payable on dtmand,
determination t0 pay Cor the total eost or repair or raonstruction, including a11 nssociated
. devdoDment wsts and intercst projecled to be payable on the Note until the repair or reconstruttion Z• N077C£ AND OPPORTUNI7Y TO CURE NotwithstarKling ury othcr provision
ie complur, or Grantor must provide ib ovm funds in an emount equal to the difTerence between the of this Deed of Trust, $enefiriery shall not accelerate the maturity of one or more of the Secured
. Net Claims Proceeda and a reasonable eitircmte, made by Grantor and found atteplable by Obtigations (a) becauu of e monetary default (defined below) unless the deCault is not cvred within
Beneficiuy, of the total eost of repair or reconstruction; (iv) DeneGeiary must reeeive evidence len (10) days or the dnte on which Beneficiary maits or delivers written notice oCthe default to
satisCattory to it that elI L,eases whieh it may find acceptable wifl continue nfler the repair or Omn►a• m(b) becaux of a nonmonetary default (defined below) unleu the nonmonctary default is
reconwuction is completr, (v) Beneficiary has recdved evidena satisfactory to it, that reconstruction ^ot ared N'+Lhin thirty (30) deys or the date on which beneficiary mails or delivus written notice or
.n. .ix.
~ ~ 1'0 •L~u Ph6E ~j O
. YOL L7g~.PhGE ~l/~l'P
the detault to Grentor. For purposes of this Deed of'frust, the te 'monetary defaulc:mea9 a 7. FORECIASUREOF LFSSEE'S RIGi1TSSUDOftDINAT10N, Brneficiary sha11
failure by Grantor to make eny payment required of it punuant to the Note or any other Loan have the righL at iu optiorti to Coralose this Deed of Trust subject to the rights oCeny lessees of the
Dotument, and the tertn 'nonmonetary deCault' mearu e failure by Grantor or any other person or Propcty. Brncficiarys failure to foreclose against any lessee shall ral be usencd as a claim egunst
mtity to perfortn eny obligation eontained in Ihe Note or nrry other Loan Doeument, other than Ihe Benefiaary or u a defrnse against erry daim by Beneficinry in any ection or proceeding. Beneficiary
obligation to make peymenls provided for in the Note or nny othtt Loan Document. IC a at nny time may subordinate lhis Deed of Trust lo any ar all of the Leases except that Deneficiary
nonmonetary default is capable of being ared end Ihe eure cannot ressonably be eompleted within shatl retain its priority claim to any eondemnation or insurance proceeds.
lhe lhirty (30) day eure period, the eure period shnll be extended up to ninety (90) days so long as
Grantor has commeneed aetion to eure within the thiny (JO) day cure period, and in Dcneficiary's 8. ItEPAIItS DUItING ItEDEh1PTI0N. In the event of a judicial forecloare the
opinioR Crnntor is proceeding to cvre !he default with due diligrnca None oCthe Coregoing shall quchasu during anry redemption paiod may make wch repain and alteratiom to the Property a: may
be eonstrued to obftete Benefciary lo forebear in any other manner from exercising its remedies md ~ be reasonnbly necesanry for Ihe proper opernlion, care, preservatioo, protection end insuring of ihe v
DeneGciary may pursue eny other righta w rauecfia whieh Drneficinry may heve beceuu of a default. ° Property. My sums so paid, together with intere:t from Ihe date of the expenditure at the nte •
provided in the judgment, shall be added lo the nmount required to be paid for redemption of ihe -
l. CUI1fULATIVE ItEM1tEDIFS. To the fLllest extent allowed by law, all of 00 Properly. OO
Benefiaary/s and Trustee's righu and rarKdin speeified in the Loan Documents (ineluding Ihis Deed .p,
of Trust) are e.vmulative, not mulually acelusive and not in substitution for any nghb or remedia w ARTICLF. Vl
available et lew or in equity. Without weiving itt rights in tha Colleteral. Deneficiary mny proceed
ageinst Grantor, nny other party oblignted lo pay or perform the Seeured Obligations or against any m I. ADDfI70NAL SECURfIY DOCUAIENTS. Grantor shall within fiflttn (15) days
oUur seairity or guaranty for the Seeured Obligations, in wch order or manner as IIeneficiary may allv rcquest by Brnefianry exavte end deliver ony finaneing uetement, rcnewal, aRdavit, certifieate,
eleet. Faccept where prohibited by epplitable Inw, the commeneemem of proceedinge to enforce a tontinuetion stetement, or other documenl Beneficiary may requat in order io perCect, preserve. C__
panicular remedy shall not preclude the commeneement of other proceedings or other proceedings _Q contirnu, utrnd, or maimain xarity interests or liens granted haein to Bencficiary end the priority COD
to enforee n dili'erent remedy. of sueh ucurity inlorests or licns. Grantor shall pay nIl eosts and expenses incurted by Beneficiary
in connection with the preparotioq executiaq retording, filing, and reGling of any such docvmrnt.
4. ENTItY. Mer a default, Benefieiary, in person, by agenl or by court oppointed
receiver, may enteJ, take possessioa of, manage and opvate all or any part of the Colluteral, end may 2 RECONVEYANCE AF'TER PAYM1tENT. Upon wrieten request of Beneficury
also do any and ell other things in eooneclion with those aetions Ihnt Deneficinry may consider steting that all obligations secvred by this Deed ofTrust have been paid, Trustee stull reconvey,
necessary end eppropriate Io protect Ihe seeurity or thif Deed of Trust, including teking anJ wiihaut worronty, lhe Collateral thrn subjeet lo the lien of this Dced of Trust. Grantor shall pay eny
possasing all ofGrantoes or the then ow+xrs bookt and reeords; entering into, enforcing, modifying, costs, ttustee's fees and recording fees incurted in so recoaveying the Propeny.
or wicrling I.easa on such Ierms and conditions ee Deneficiary may consider proper, obteining nnd
evictmg trnvus, fixing or modifying Rents; eolleeling end receiving ony payment or money owing to 7. 1VON\VAIVER OF TERMS AND CONDITIONS. Time is of lhe esxnce wit';
Grantor, completing any unfinished constructian; und/or contracung for and making repairs and retpact to performvue or the oblignlioru uruler the Loan Documents. Deneficiary's failure to requirr
slleretions. Grantor hereby ircevoeably eonstitutes and eppoints Deneficiary as iu etlorney-in-fact prompt enforcement or any such obligation shall not consutute a waiver or Ihe obligalion or any
to paform such acts end execute such documenls as Ueneficiary in us sole discretion may consider subsequent required perfortnence or the obligation. No term or condition or this Deal of Trust or
to ba appropriate in eonneaion with taking these measures. /Uthough the foregoing power or eny other Loan Documents may be waived, modified or amended except Ey e wnttrn egreemes.1
eltomey if eRective immediately. Deneficiary shsll not exereise lhe power until tlw occurrence of a ygud by Grantor and Benefitiary My woivtt afarry ttrtn or wndition or the Loan Dowmenls shall
default, apply only to the time and occasion specdied in the waiver and shall not eonstitute a waiver of the
tertn or condition a1 any subsequcnt ume or occasion.
5. APPOIN'fl►tENT OF RECEIVEit In the event of a default, Grentor conxnts to,
end Beneficiary, to the fullest exlent pertnitted by applieable law, shall be entitlcd, without nolice, 4. WAIVEi2S IIY GIL1N7'OR Without afRcling any of Grantors obligations under
bond or rcgard to the edequary of the Collaternl, to lhe appointment of a receiver for the Collateral. the L.oan Dowments, Grantor waives the following: (a) any tight lo require Deneficiary to proceed
The receiver shall have, in addition to all the rights and powen eustomarily given to and acercised again:t any 3pecifle party liable for sums due un ler the Loan Doeuments or to proceed against or
by a raeiva, ell the nghts nnd powm gnnted to iteneficiery by the Loan Documents The reeeiver exhaust anyr speufic secvnty for svms due undet tta: Loan Docvments; (b) notice of new or additional
shaU be entitled to receive e reasonable Re for menagement of the Propeny If Grantor is an indebtedness or any Grantor or any other party :iable for sums due under the Loan Documents lo
oeaipant of the PropMy, Derstricisry Irv the right to require Grantor to pay rent at fair market retes Beneficiary, (c) any defense nrising out or Dentficiary entering into additional financing or olher
end the right to rcmove Crantor Gom Property il'Grantor fails to pay renl. ~ errenganrnts with eny Grantor or arry othv pury I able for sums due under the Loan Documents and
any action takm by Uenefieiary in connection witli eny such finaneing or other arrangements or any
6 SALE OF PROPEA7'Y AFPM:R DEFAULT. Following a dcfault end Ihe pend'ing finarwting or other artangemenls; (d) any defrnse ansing ow of the absence, impairment, or
foreclosure of lhis Decd or Trust, eilher juJiei.dly or non-juditially, lhe Collateral may be wld loss of eny or all rights of reeourse, rcimbursemenl, conlribution or subrogation or any other righb
separately or ss a whole. at the option of Deneficiaiy, In lhe event or a Ituztee's sale of the Collateral or remalia of Dencfictiary ayvnst any Grentor or any otlier party liable for sums due unJa the Loan
pursuanl lo lhe power of sale granted herein, Deneficiary hereby assigns its seeurity interest in lhe I Documents or any Collateral, and (e) any oblig:ition of Dcneficiary to see to the proper use and
personal property Collateral to Ihe trustee. Deneficiary rtwy elso realize on the personal propeny ~ eppliwtion of any prxceds advanced pursuant tij tlro Loan Documents •
Collmeral in aaordnnce with the rcmedia aveilable to sttvred pania under the Unifortn Commercial
Code or at law. In Ihe event of e Irustee f snle. Granlor, end Ihe holder of any subordinate liens or S. RICIIT OF SUDROCATION. Iteneficiary is subrogaied to the n,rhts, uhaher legal
security interest with actuel or eonstruclive notice hereof, waive any equitable, itatutory or olhcr or equitable, of all beneficiuics. mangagees, lienholders ancl owners direclly or induecdy paid ofTor
right Ihry may have to require marshaling of assets in connection with the a<ereisa of any of lhe satisfied in whole or in part by any proceeds advanced by Deneficiary under the Loan Docvments,
• remedia perntitled by applicable law or providal herein, or to direct the order in which any of the resardlas ofwhethv aith parties assigned or releued of record lhar nghts or liens upon payment
Collateral will be sold in the evrnt of any sele undn this Deed of Trust or foreclosure in the inverse
ordv of alienalion. 6 JOINT AND SEVEiLAL, LIAItiL17Y If there is more than one Grantor of this
Dced ofTrust, thar obligetions shall be jomt nnd several.
. I
• I
• •1} I •14
t
I~lS 1 PAGE
n~t ii
V..~.htfixes'
~ within thiny (10) days o(such demnnd if il is not lawCul (or Grnntor to pa the
7. $TATEMENT OF Ah10UNT OWINC Granlor witlumfilleen-(•1 S)-d seller option Deneficinry may declare s Jefaull undcr iha Loon Documems
Rquat by Deneficinry wi0 fumish Drneficiuy o wrilten statemrnt of Ihe amount due unJer Ihe Loan
Documenu, eny o(Tsels or defensa ageinsl the amount claimed by Grantor, and such other factual 12, IN_110USE COUNSEL FEES Whenever Grantor is abligaled to pay or reimburu
mattero at Beneficiary may rensonably request. penejciary or 7rusta for eny nttomeys' fees, those fea shall incluJe the ellocated costs for scrnces
8, DOOKS AND R£COStDS; FINANCIAL STATENtENTS. of in-houx wunsef.
(a) Grantor will keep end maimain at Grantors addrw stetal abovq or such o~her 13. NOTj~• ~Y notiee given by Grantor, Trvstee or E3eneficiary shall be in writing
+^d ~ b4 ~0~1°° (1) ddivery to the pany rcceiving the notiee or (2) on the third day
fieiary may approve in vrtiling, books of aczount~ and reeord~ adequate to reflect
efler deposit in Ihe United Slata mail, poslage prepaid with retum receipt requcsted, addressed to
plsce as Herte
eorreetly the rezults of the opention of Ihe Property and eopies of ill wmten eontract~, leasc~ and o the Pany pt ihe addr4ts sd forth ebove (or such otiw addras u s party may specify by wrinen notice
other instruments whieh alTect the Property. Sueh booke, reeords, contncb, leasef nnd other . ~ven y~ramt to thie paregrnph), or vnth respeu to the Grantor, to the address at which IIcneficiery ~
instrvments shall be zubjeet to examination, inspection and eopying at eny reawnable time by - tustomarily or lest tommunicated with Grantor.
Beneficiary. Except u otherwise agreed in writing by Beneficiary. Crnntor shall provide to 00 ~
Beneficiary within ninery (90) days nller the rnd of each of Grantots fiscal years (or within twcnty 14 CONTROLLING DOCUNtENT. 1n Ihe event of a conllid or inconsistenry betwxn
~
(20) days of Drneficiar/s writtrn requat therefor iCGrantor is in defaull), for qch Grantor, for eaeh LO
~ ~~p~dilioro oFthis Dad of 7tv~t and the terms and conditions otany other of the Loan
generat pertner o( Grantor iC Grantor is e partnership, and for eaeh guarantor of ell or any of the ~ Documenu (except for tny xparate essignmenl oC the Rents and/or the Leasa and any loan ~
Seared Obligationr, a compkte and arrrnt fumncial ualement, together with a statement oCincame p~~t which sMi Pm.ail pra tW3 peed oCTrusl), the lurru and tonditions of this Deed of Trust
end expenses of the Property nnd e statement of changes in finnncial position with resped to the ~ shall prevail.
Property for the prior ye~r, each in rea:onable delail and eenified by Gramor, the general panner or C ~
the guarantor, u the eax may be. NI finontial slatements shell be prepared in aceordanee with 15. WVALm17Y OF1'ERMS AND CONDITIONS If eny term or condition ofthis
generaUy eceepted eeeounting principla consistently epplied: or such other accounting prnaicn as peeJ ofTiust is found lo be invalid, the invaGdity shall not a(tect any other term or conditioa of the C
l.ender may approva At the svne lime, Ctnntor shW1 also Cumssh a eurtent rent roll for the Proyeny, Deed of Trust and the Deed of Trust shall be toastrued as if not eomaining thc invalid tertn or
cutiRed by Grentor, which shall include such infortnation as Ueneficiary may require, including the eondition.
narnt of eath tenant, the lease «pitation detq the manthly rent, the date to which rrnt hae been peid,
nrid any deposils or prepaid rent Grantor is holding. In eddition to lhe foregoing, unless otherwise 16, LEGIS4ATION AFFECTINC DENEFICiARY'S ItICi1T5. lf enactment or
egreed in writing by Denefieiary, within one hundrad twenty (120) days a(ler the end oCeach lax year expiration oCnpplicable Iaws has the elieet oCrendesing 6ny provision of the Note or this Deed of
af Grantor nnd wch guarantor of all of any of the $ecured Obligntions, Grantor will provide Tnst unmforeeable aeeording lo ite tuM Deneficiuy, et its option, may require immediate payment
Deneficiary with a eopy of the Unlted Slates federal income tnx return filed by Grantor and wch in Cull oCnll wms secured by this Decd ofTrust nnd may,invake any remedia permitted herein.
guanntor Por his, her or its lax year most reeenlly ended. 1
17
(b) All firmncial rialements shall be prepnred in accordance with gcnerally acctpted . RULES OR CONSTRUCfION. This Deed of Trust shall be construed so thet.
whenever appGrnbl4 the ute of the singular sholl incfude the pfural, the ux o( the plutaV shalt include
aaounting principla, consistently epyiied, or shall othenvise be prepared in e manner ecceptable to the singular, and the use of any gender shall be applicable to all gendcrs and shall mclude
BeneBciary. Grantors compliana with these provizians shall not limit or alTect Grantors abligations corpom~ions, panner-APs and limited partnerships. This Deed of Trust inures to (he benefit of, end
to comply wilh financinl, tex and operalion eovenante end reporting requirements under any olher yinds vi Pania named haein and their successon and assigns. "[lu headmgs to the various sectioa:
egteement belween Grantor and DeneGcinry whi ther or not such other agseemrnt ia related to the ~~e bern insened for convenience oCreference only and shsll not be used to construt this Deed of
Seared Obligations. lfany oflhe reponing reqwremenb in this Section 8 are inconsistent wdh the Ttust.
repoAing requirements in any sueh other agrecment, the reponing requirements in such olher
agreement shall tonlroL 18 PARTIAL RELEASE. Dy the acceptance oC this Deed of Trust, the Beneficiary
9. APPItAISA[S [01he evrnt of atlefanlt L3eneficiary may obtain a curtent regulatory fl8rms «"^4 upon raquest ofthe Grantor, +f no default exists under this Deed ofTrust and no event
has oceurted
wnfortning appraisal of lhe Collateral. In eddilio i, appraisals may be commissioned by Ueneficiary which through the passage of time, Ihe giving of notice or both, could consutule a
ficiary's lending precticu Thecostofall deraull, jom wilh tAe Grnntor in «cryesling the Trustee to parlially reconvey, at Granlors expense,
when required bylavn end regulalions which govi m Bene
e portion
suth approisab (and relaled imemal review fees aml costs) wi(1 be paid by Grantor withm f+lleen (IS) (s) of lhe P~opeAy as spetifically described in Ihe Loun Documents iC the Collowing
tonditions are mel:
deya alla request by Deneficiary.
10, EVASION OF PREPAYM1IENT FEE. IfCrantor if in default, wheiher Deneficiery (I) Full eomplianct with tlie partial rcleau provision(s) of the Loan Documenls.
haz accderaied ihe matunty of Ihe indebtedness ar not, any tender of peyment suRcient to satisfy ell (2) Gtantot delivus to Oentricisry evidence that the partial reeonveyancc will not
wma due under the Loan Doeuments made at any time prior to Coreclosure sale shall constitute an have iLnY adverw eR'ed upon the priority position of Ihe remmning security as evidenced by the title
evasion of the prepayment ternu af the Note, if nny, end ahall be dttmed e voluntary prepaymrnt. insurence held by ihe 8eneficiary '
My such paymem, to the extrnt permittcd by law, shall include lhe additional payment required under
the prepayment Cee provision in the Notq if any, ot dat tlwl time prepeyment is not pertnittcd, then If applicable, the remaining collateral must be plalted in accordance with
such paymmt, to the extrnt permiited by law, will u+elude an additional payment of five pereent (SY.) regulations oCthe local govemment authonty, the plat muzt be proper4y rewrded, and Senefieiary
oCthe then principal balanca must raeive evidertce of final plet approval from the government authority
. 11 PAYINENT OF NEW TAXES If any federal, state or loeal law is puud (4) 7he release, in Drncficiarys opiniort will not result in lhe los.+ by nny other part
svbsequrnt to the date of this Deed of'I'nui which requira QeneC~ciary to pay nny tac becauze of this of the Proputy of reasonable eecas to a public Areet or the uu of any necessary eesements or utiliry
~ Deed of Trust or the sume due under the Loan Documents (eucluding income taua), then Grantor xmce9
~ shalt pey to Deneficiary on demand any sueh texes if il is lawlul (or Grantor to pay thertt or, in the
. elternative Grantor may repay all sums due under the Loan Documents plus eny prepayment fa
.
as
, m-rl 7 8 .L PAGE ~~t~ { . V~l ~ ~f S ~ PAfiE tI ~ `y
SC:iEnul.€.t
THTS SCIEE?ULE [5 PART OF THE DEEL? OF TRUST DATED SEPTEMII$R 29, 1995, ~
BE'i"WEEN 5TRI3'T0N-5F4K.ANE L P. A lYA5H[h!GTON L1htSTE17 PARTN£RSHIP, AS p
C'rR/RN'C[7f, FWi*1tEit CREDIT C[]MPIINY, A5 TRii57'L•8, AA[I7 SGA77LC-FIfl57 - o
. NATI9NAI.73AN1C. A FlATl4NAL. I3AiNiCZNG R550C[ATiflN, AS BGNCt[CIAJtY. C!]
Xi.
= ~y
~
PfiOPHRTY ADi7RE55: EAST 51I]E OF BAfUKER ftOA17 LY1NG BCTIVEEN M[55fON
AV8NU8 AN~ SP[3KANE N1VEK SPO[CANE, WA 6V,
ut:_
{Lega7, descripCion conGfnued} k-
LEGAL OGSCRJP"T1aN ~
c ~ .
PARCSL 1: PARCEL 2:
Ttsat portipn vE the 5auth ha1@ of the 5authwest quarter and Govexnmenc That partioa af Che Sauth half of the SauthwesC quartAr and Gcavernme¢it
Lot9 5 and 6, of tion A. Tywnshin 25 Horth. Ranoe 45 East, W.M.. mare Lotg 5 and E❑E 5ectxon . t8anne 45 East. 4l.pl , morn
particularly descrabed as followa: partiaularly descrx e a9 fallaws-
BECLNNTNG ak the mast NoYGheXly corneX of Tract "}i9 oE AEVERWALK FIRST ' 9EGINNING at the mast Nartherly rorner aE TraCt "}1" of RIVERWALR FIR5T
ADLILTION ag per plat thereoE resorded in Volume 23, oE Plats, Pages 37 p,DqxTxqN as ger pYst thereof recarded in Uolume 23 of Plata, Pagea 37
Chrough 40, rGhence NorCh 60006'0,2" 8ast, a d3stance oE 249.12 Eeet, thraugh 40; Chenes South 29°59'58" East, alang the Easteriy boundary af
Chessee Harth 40110'15" East, s dlstanca ef 130.05 feet: thenre Nar[h said [tYVERWRLtt FiA57 ADOITT6N, a distance o€ 159 00 feet, thence r+QSCn
lB°68'Q3" Ea9C, a distsnee o2 141.76 feet (Rec. 142.63 Eeee) , thenCe gp1flfl192" EasC, a di9CanCe of 269 96 EeeC, thence SouCh 29°59'5H" East,
Hs]Cth 04104'411 WesC, a raistanCe of 437.99 feet; (Rec. Nozth 09°Og'56" a d3.stance af 27.01 €eeL (ReC 27 40 EeeC) . ChenCe NvXth 68°0o'S8' Eabt,
Weat, 637.99 feet) : eherice Horth 340 341 15" WeeC, a distance of 34 63 a distance of 61.33 feeC; Chence tdoz[h 75°40'59" East, a distanee af
r ~ feCC; (ReC. HorCh 74131154" WesC, 95.57 feet}, Yhence Harth 06°43128" 63.00 fEet, IRec 60.30 PeeCl; thence Morth 69°48'90' EasC, d distancs
East, a disCance oE 100 DO £eet; thence fIOrth 02°37112' Eaet; a d§.stance of 331 53 Eeet, ehence North 00112'40" West, a dis[ance af 119 al feet
of 118.22 feet Ca Che Sautherly liae QE Psreel "A", as descrfbed fn a ' {Rec. 119.34 fecty, thence Horeh 02°41'03" East, a-distaace of GO OB
SCatutvry Warran[y Oeed recarded undcr Auditor's 4aCUmenL No. Eeet, thenCe Harth 00112'60" Ylest, a clistance 114.41 Eeet; (Rec 130 00
9405120344; thence along the Southerly line oE sald ParceP 'A• Soueh Eeet) : thende Narth 89°49'00' EasC, a distance aE 144 SQ feet, thence
80°41' 37" West IRecorcS 9auth 81°16' west9 a distance 517.04 feet; Narth ❑0°12'fla' West, a diatance aE 110.06 feet (ReC. 110.00 ileet) ,~j `-~Chence Souch 12°19'11" EaEle, a distance of 110 59 feeC; thence 3auCh thence NvrCri 04102'55" EasC, (Rec. North 04102'52" Eas[) , a distance of/1 ,
84°18144 WesC, a distanCe of 22 15 CeeC; Chence Sauth 12°19'11' East, a 35.10 €eet; theace NarCh 00°131 00' West, a distance Of s&Wxai'feet,
slistance aE 352.94 [eet; thence South 77'40'44• WesC, a disCance ❑f IRec- 110.00 feetl thence tdarth S9°4B'00" £ast, a disrance of 30.61
40 57 feet; thence Sauth 12'19'11" East, a distance v€ 210,00 Eeet: feet; thence NorCh 01°311311 wes[, a diskance of 34e.09 Peet; thenee
thence Harth 97040'49" East, a disCanre nf ]a OQ feet; theare SauEh North 33°38'27^ wese, a distance aE 21.65 Eeet, thenre Norch 56°21'37"
i
12°19°11" East, a distance o£ 65.34 feet; Chence North 65°09'551, arr ~ East, a distance ef 76 00 feeC, thence Narth 33°38'27" Y7est, a dlstance
diseance oE 262 49 Eeet; thence Ndt'kh 78123•341 East, a distance o€ v oE 145.40 feet; thence soueh 56°21'73" west, a distance oE 37.4e feee;
82,49 Eaet, rhence sauth ❑9°a4•41^ East, a discance aC 3X=ssefeet to yv9b ~ thence Narth 33°38'27' F[est, a di.stance aE 265.2o feet Ca the Southerly
the 6eginning ef a curve coneave to the Sou[h hav},ng a radius eE 261.59 i line vf Pascel 'A", as deacribed i:t a StaCUtary 4iarranty Deed recorded
feet (€rc*m which a radial 11ne k5ears Sautlt 13123"18" East), thenee untter Auditor's Pile [lacument No, 9405120394; thence Sauth 63°13'23°
Westerly alattg said cvrve Chrough a central angle ❑f 07134'40" an arc ~ srest, alang Che 5autherly ktne aE gaid Parcel 'A" {Rec. Soueh 53°0.9•
~ distance a@ 3S ]B fee[; Chence South 09°04'41° East, a distance af I He9t} a distanceo£ 558.59 feet; thunce SauCh 02°37'12" West, a dxstante
' 150 ❑3 feet; thence Sauth 65°09'55" wesC, a dxstance of 420.59 EeeC; ❑f 110.22 Eeet; thence Soukh 06°43'26" wese, a distanr-e of 110.Od feet,
thence Sou[h 49156'27• East [1tee. South 49°55'47" East} a cfistance oE thenre South ]41]9115' Ea9t, a dastance af 79 62 Eeet SRec South
71.11 feet thence South 23'59'58" East, a distance ❑f 110.00 feet; 340311 S4" East, 34.57 fee0 ; Chence Sauth 09°04'41" East, a disCanee caE
Chence South 94°4]°43" Ea9t, a di.sCanCe Crf 49.27 [eet; Chence South 417 89 feet [Rse. 5quth 09"04'56" East, 437.99 EeeL1, thersce South
29159156" East, a distarsce af 118.04 feet (Ret. 118.00 feet): Chence 1010e'02" Wese, a distance 141.78 feet (Rec 141.63 feet); thence p~
North 60°00'02" East, a diseance of 87.46 feet to the Poxn[ ❑E , Sau[h 40130'15" wesf, a disxance aE 130,05 Eeet, thence Soueh 50°00-03^t~
Hegznning: •100,21 West, a dfstanse oi 244.12 feet t❑ ehe Poirst of Heginning,
~ •104.34 ~}xr
Situate in Che Cvunty of Spokane. SCaee of Washfngtc>n. Situate fn [he taunty of 3pakane, SCate aC Waghingeon,
. {1ega3 cantinued arti nexC page}
ir
c
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, ,
. " ~
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k
4
S P O K A N E C O U N T Y
DNISION OF ENGRYEERING AND ROADS A DIVISION OF THE PUBLIC WORKS DEPARTMENT
October 24, 2001
Seafirst
601 W. Riverside Ave.
Spokane, WA 99210
RE: Bond # 8467777703-26 for Inspection Construction of Riverwalk 5`hAddn.
P 1414D
Deaz S'vr or Madam:
Please be advised that the bond #8467777703-26 issued by your company as surety for
inspection of roads and associated drainage facilities for the above mentioned plat in the
remaining current amount of $6,200.00 may now be released in full effective
immediately. The project roads have been completed. This final release should close out
the above referenced surety.
If you have any questions, please call me at (509) 477-3600.
Sincerely,
X/1 1/,,
John Hohman, PE
Development Services Engineer/Manager
cc: Sandy Kimball
Randy Stronks
File
1026 W. Broadway Ave • Spokane, WA 99260-0170 •(509) 477-3600 FAX. (509) 477-7655 (2nd Floor) 477-7478 (3rd Floor) • TDD: (509) 477-7133
SPOKANE COUNTY
PUBLIC WORKS -MEVIO
DATE: December 10, 1999
TO: Ed Dean
FROM: Bill Hemmiogs, PE
RE: Request for Release of Bond #8467777703-26
Dean,
I checked the file and could not find a release from Inland Pacific
Engioeering, Inc. for the inspection work t6at was done on Riverwalk
4t" & Sth. We need the releases prior to our releasing the inspection
bonds. When I get a release, I will process the release of the above
referenced inspectioo bonds in the amount of $ 8,000.00 aod $ 6,200.00.
Sincerely,
Bill Hemmings, PE
Developmeot 5ervices Eogineer/Manager
FtLSEAFIAST
Douglas B. Sollitt
Vice President
Builder Bankmg
June 28, 1996
Mr. Bill Johns
Spokane County Engineer
1026 West Broadway Avenue
Spokane, WA 99260
Ref: Developer/Borrower: Stanton-Spokane, L.P.
Our Loan No.: 8467777703-26
Funds in the amount of $6,200.00 are being set-aside in a construction loan in the name of
Stanton-Spokane, L.P. (deve lope r/bo rrower), et ux, in lieu of a bond, for the purpose of
assuring completion of construction inspection services in Riverwalk 5th Addition
(development) in aocordance with the drawings and specifications as submitted to and approved
by the County of Spokane Engineer's Office. No funds will be disbursed from this set-aside
without the prior written authorization of the Spokane County Engineer. This set aside of funds
will not be revoked without the consent of the County Engineer.
In the event that the completion and acceptance of the above-named improvements for
maintenance by the County of Spokane are not aa:omplished within a period of one year from the
date of this agreement, all funds remaining in the set-aside will be forfeited to the County of
Spokane upon written request by the Spokane County Engineer's Office to BANK OF AMERICA NW,
N.A., doing business as SEAFIRST BANK, successor by name change to SEATTLE-FIRST NATIONAL
BANK, a national banking association. It is understood and agreed that upon the forfeiture of the
funds to the County of Spokane, that the County of Spokane will then undertake oompletion of the
subdivision to be accomplished within twelve (12) months from the date of the forfeiture of
funds. It is further understood and agreed that in the event of any shortage of funds to complete
improvements, the County of Spokane may have recourse against Stanton-Spokane, L.P.
(developer/borrower) named above. Seafirst Bank shall be under no liability for non-
completion of the work, its obligations being expressly limited to holding and disbursing the
set-aside funds as agreed in the agreement.
It is specifically understood and agreed by the parties, that in holding funds for this development
BANK OF AMERICA NW, N.A., doing business as SEAFIRST BANK, successor by name change to
SEATTLE-FIRST NATIONAL BANK, a national banking association is not serving as guarantor for
any additional costs incurred by the County of Spokane in the completion and acceptance of the
above-named improvements.
Seaflrst Bank Builder Banking/Real Estate Center/10500 N.E. Eighth Street, Suite 400/Bellevue, Washington 98004
Telephone (206) 585-6462 FAX (206) 585-6475
t •
ACCEPTED AND APPROVED this 28th day of June, 1996.
STANTON-SPOKANE L P.,
a Washington limited partnership
By: DEAN-HOUSLEY, LLC.
a Washington limited liability company
General Partner
By: DEAN BUILDING CORPORATION
a Washington corporation
Member .
B
Y•
P. Edward Dean, President U
Bri n Housiey
Member
SEAFIRST BANK
gy:
Douglas . Sollitt
Vice President
OFFlCE OF THE SPOKANE COUNTY ENGINEER
By:
~
its: ~fcv-t ~rAIr, Dec
, , -
r ! ~
S P O K A N E C O U N T Y
DIVISION OF ENGINEERING AND ROADS • A DIVISION OF THE PUBLIC WORKS DEPARTMEN"C
William A. Johns, P.E., County Engineer Dennis M. Scott, P.E, Director
July 1, 1996
Todd Whipple, P.E.
Inland Pacific Engineering
Edward Dean
Dean Building Corporation
16720 N.E. 116th Street
Redmond, W A 98052
SUBJECT: P1414D - Riverwalk Sth Addition
Acceptance
Gentlemen:
We have conducted a general evaluation of your recent submittal for this project, and we find that this
submittal appears to meet the minimum standards of the Spokane County Standards for Road and Sewer
Construction(the "5tandards"). We are, therefore, able to accept your approval of the plans and
calculations for this project.
We aze enclosing a sepia copy of the plans, and a copy of the drainage calculations with the County's
acceptance stamp. The original construction plans and calculations aze on file at the Spokane County
Engineer's Office. In accordance with Section 5.02.1) of the Standards, this acceptance is valid until
April 11, 1999. If the facilities are not constructed, you may request an extension of the acceptance for
an additional two years; the plans shall be revised at that time to reflect current standards, prior to
granting the extension.
Please note:
1. The County's acceptance of this submittal does not relieve the Sponsor or his agents from any
liability related to portions of the design that are not in conformance with the Standards, or which do not
follow good engineering practice.
2. All permits and notifications necessary prior to construction are the responsibility of the project
Sponsor and/or his assigned agents.
3. The County Engineer's Office will not release the surety for construction engineering services
until all construction documentation and the certified Record Drawings have been submitted by the
Construction Engineer, and accepted by the County Engineer's Office.
1026 W. Broadway Ave. • Spokune, WA 99260-0170 •(509) 456-3600 FAX: (509) 324-3478 TDD: (509) 324-3166
r ~
Todd Whipple, P.E.
Edward Dean
Riverwalk Sth Addition
Acceptance
July 1, 1996
Page 2 of 2
4. As mentioned in the County Engineer's letter of May 16, 1996, the construction of Indiana
Avenue, from Barker Road to the easterly terminus in Riverwalk 2nd Addition, needs to be complete,
and establisbed for maintenance by the Counry, prior to the Final Approval for these plats. This includes
all related and appurtenant work for drainage and landscaping.
If you have any questions, please contact Ed Parry at 456-3600. Thank you.
Very truly yours,
William A. Johns, P. E.
Spokane County Engineer
Edward J. Parry, Jr., P.E.
Plan Review Engineer
encls: Plans (1 set) - sepia
Calculations
cc: project file
Pat Harper/Scott Englehard
Dave Berto
Pemut Technician - Sylvia Lightfoot
reviewer (comments only)
P1414 - Riverwalk P.U.D., phases 1, 2, and 3
Construction Items - Record Drawings and Inspection Reports
This list summarizes the Review Comments on the Construction Documents and
Record Drawings submitted to date. Refer to the actual Review Comments for
specific items
Riverwalk lst:
1.Asphalt depth: Credit rec'd from Inland Asphalt (per Bill Johns) - No
action aecessary
2.Concrete gutter depth: Cash payment rec'd from Cameron - No action
necessary -
3.Excessive accelerator in cross-gutter at Indiana/McMillan: still need
mitigation from Winkler (per 24 Feb 97 mtg w/ Dean Housley Co. )Pending
removal & replacement per IPE 28 Mar 97 Ietter
4. Irrigation systems in swales serving Indiana: still need to be
installed, & Record Drawings submitted
5. Need to establish vegetation in all swales
6. Pond issues:
a. Ponds too deep: IPEC needs to submit plan change showing intended
depth of topsoil & sod or ponds need to be constructed per plans or topsoil
tests need to be done & results submitted showing compliance to GSM for
either organic carbon content or cationic exchange capacity.
b. Ponds too shallow: Ponds need to be reconstructed, or IPEC needs
to provide plan change requesting revisions, to include calcs
c. Pond footprint not per plan: IPEC needs to provide plan change
w/calcs showing that the new layout meets GSM reqt's or ponds need to be
constructed per approved plans
Note:
1. IPE's letter of 28 Mar 97 indicates the actions necessary to
address sorne of these issues.
2. Pond calculations need to address a11 affected elements of
the pond design, including but not limited to: 208 volume, total storm
volume, 208 depth (floor to rim), depth from normal curb flowline to
drywell rim (minimum of 0.4'), etc.,. Field corrective actions also need
to consider these elements.
8. Mission/Harmony: Sidewalk was not located per approved plans. Plan '
Change approved by County Engineer did not indicate an existing utility
riser which may interfere with the approved change. Plan Change needs to
be revised. IPE to resubmit Plan Chaage
9. Need to complete any remaining items on IPE's punchlist. When the
contractor has corrected a11 IPE punchlist items, IPE needs to provide
written certification of punchlist campletion to County Eagineer's Office.
P1414 - Riverwalk P.U.D., phases 1, 2, and 3
Construction Items - Record Drawings and Inspection Reports
Riverwalk 2nd:
1. Need to complete IPEC's punchlist When the contractor has corrected a11
IPE punchlist items, IPE needs to provide writtea certification of
punchlist completioa to County Engineer's Office.
2. Drywells at Indiana 11+54 (east end of Riverwalk 1st) will be viewed as
part of Riverwalk 2nd, since they receive runoff from swales in Riverwalk
2nd
3. Grates at Indiana 11+53: Constructed without required sump shown on
plans. Need calcs to show that new grate elevations provide adequate inlet
capacity, or set grates to plan elevations
4. Need to construct southerly interceptor swale, or adjust onsite
drainage swales accordinqly
5. Ponds:
a. Ponds too deep: IPEC needs to submit plan change showing
intended depth of topsoil & sod or ponds need to be constructed per pZans
or topsoil tests need to be done & results submitted showing compliance to
GSM for either organic carbon content or cationic exchange capacity.
b. Ponds too shallow: Ponds need to re reconstructed, or IPEC needs
to provide plan change requestinq revisions, to include calcs
c. Pond footprint not per plan: IPEC needs to provide plan change
w/calcs showing that the new layout meets GSM reqt's or ponds need to be
constructed per approved plans See note for this item uader Zst Addition
6. Irrigation systems in swales serving Indiana: still need 'Lo be
installed, & Record Drawings submitted
7. Need to establish vegetation in swales
Riverwalk 3rd:
1. Need to compleLe IPEC's punchlist. When the coatractor has corrected a11
IPE punchlist items, IPE needs to provide written certificatioa of
puachlist compZetion to Couaty Eagiaeer's Office.
2. Ponds:
a. Ponds too deep: IPEC needs to submit plan change showing
intended depth of topsoil & sod or ponds need to be constructed per plans
or topsoil tests need to be done & results submitted showing compliance to
GSM for either organic carbon content or cationic exchange capacity.
b. Ponds too shallow: Ponds need to re reconstructed, or IPEC needs
to provide plan change requesting revisions, to include calcs
P1414 - Riverwalk P.U.D., phases 1, 2, and 3
Construction Items - Record Drawings and Inspection Reports
c. Pond footprint not per plan: IPEC needs to provide plan change
w/calcs showing that the new layout meets GSM reqt's or ponds need to be
constructed per approved plans See note for this item uader Ist Addition
3. Irrigation systems in swales serving Indiana: still need to be
installed, & Record Drawings submitted
4. Need to establish vegetation in swales
tNLAND PACIFIC ENGINEERING - TRANSMITTAL
707 W. Tth Avenue, Suite 200 Spokane, WA (509)458-6640 Fax: (509)458-6844
TO: SPOKANE COUNiY ENGINEER 6AT'L.;.,MArch i8:-'lg,~~,;;,;
~ n,h v.h'~<. ~ .
ATTENTION: Dave Berto i,P:E G: 00O4go7' '9558i „o _
41;• , ~ r , . ~ <
PROJECT PE-1414 AROjECT ~+IA~UlE. RIVER'WAUCkSi
,
, ADDt'„P~;
Description:
❑ Xerox Prints O Copy of Letter ❑
■ Original Drawing O Contract Documents ❑
❑ Title Report O Declaration of Cov. ❑ ~
No. Copies Description
+'i)alk f ~ ~f ~ •
1 Oriainal Mviar (2 Paaes)
;NEER
Purpose
❑ Information O Review & Comments ❑ Per Your Request
■ Written Approval 0 Signature & Return ■ For Filina
Remarks
Dave - Enclosed please find the original mylar on the above referenced
project. We are ready to start the finalization of said project. It is my
understanding the only thing left is the letter from D4T which should be
in shortly. If you need any additional information, please do not hesitate
to contact this office.
Si9ned:
)Billie Jo S6hrli~(g
/
MICHIELLI LANE
~TYPE "R" CURB - 10' UTILIN
EASEMENT
~
60.00'
~
' 1s'/zo' Bs ~
PLAT BOUNOARY
0 0
co
olv
2 g
.
o
~EXPIRES 9/244ql EXISTING EASEMENT
//-AS PER AUD. DOC.
N0. 9512140151
/ - • r~r:'<-- = - - - - . .
~ 26.37'•
60.00' cLOcl .
` , .
• ~ " , , ~ ~ ~ ; t NO $1,000.00 CASH SURETY
• ~ ~ ~ ~ ~ _ ~ ~ NEEDED FOR THIS LOT.
SCALE: 1" =20' - . . ~ , . ~ Y ~ • ~ ' , .
INLAND ~
LOT 2, B LO C K 8 PACIFIC
RIVERWALK 5TH ADDITION ~ ENGINEERING
707 wesc 7t, • suste soo (55-09) asa-saao
\ DATE: 6/12/97 J~ Spokane, wA 99204 FAX: (509) 458-6844,#
S P O K A N E C O U N"C Y
DNi510N OF ENGINEERING AND ROADS • A DIVISIOfV OF THE PUBtIC WORKS DEPARTMENT
William A. Johns, P.E., County Enguneer Denms M. Scott, P.E., Director
July l, 1996
Post-it° Fau Note 7671 IDate 1 c~~L ya ~Pages~ /
Todd Whipple, P.E. ro b=Wtr~l:c IFrom
IPEC Co./Dept ~ i
Ico
Phone q ~C.7 {~:(LS
(via Fax) ~Phone #
Fax #
Fax #
Edward Dean ~
Dean Building Corporation
16720 N. E. 116th Street
Redmond, WA 98052
SUBJECT: P1414C - Riverwalk 4t6 Addition
P1414D - Riverwalk Sth Addition
Design Deviation Extension
Gentlemen:
We have reviewed your letter of 31 May 96. The County Engineer's approval of the design
deviation for the private road section is extended co these projects.
If you have any questions about this matter, piease contact Ed Parry at 456-3600. Thank you.
,
Very truly yours, William A. Johns, P. E.
Spokane County Engineer
4itNA~Q4 r
~
Edward J. , Jr., P. E.
Plan Review Engineer
cc: project file
reviewer
1026 W. Broadway Ave. • Spokane, WA 99260-0170 •(509) 456-3600 FAX: (509) 3243478 TDD: (509) 324-3166
~
INLAND PACIFIC ENGINEERING, INC.
July 1, 1996 RECEIVED
W.O. No. 95580, 95581
J L 0 2 1996
Spokane County Public Works
W. 1026 Broadway SPOKl1NE COUNTY ENGINEER
Spokane, WA 99260
Attn: Ed Parry, P.E., Development Services
Re: Riverwalk 4th and Sth Addition; P-1414
Ed:
Per recent correspondence and a conversation with Paul Linnemann (today) please find
enclosed the required notary signatures for the construction inspection contract. These
items should represent the final aspect of the acceptance process. If the mylars are ready
for release, please call and put them at the front cuunter and a representative from our
firm will pick them up.
Sincerely,
Inla Pacif ngineering Co.
. AV TA)
Todd R. Whipple, P.E.,
TRW/tw
enclosures
cc: Mark Hancock, Dean-Housley Company
file
707 West 7th . Suite 200 2020 Lakewood Dnve • Surte 205
Spokane, WA 99204 Cceur d'Alene, ID 83814
509-458-6840 • FAX.509-458-6844 208-765-7784 •FAX.208-769-7277
-
V I/ V1/ OY 1G: 1L I'NA LVU OUO UYLV LGAI1/ RVUJLGl LLV UUV.s
JUL-01-1996 11:32 INLAND PACIFIC ENG P.62
STAIVMN DBYEIAPMBNT
a washiqgton Corporation By:
sTATE oF wasxnvGToN
courrrsr oF -
I certiiy that I know or have sazi,sfa,ctory er+ide,nce that 964-oec--- ~
is thc pemn who appeared before me, and [hat said persm aclcsww2edged that he signed this
iasrrument, on oath statcd that he was auth,orized tn ex,ecute this instrument. and
acimuwlsdged it as thc-pr-&1dajj-t- of Imo-~±lrl.~n; a Washington corporat'son, to be the frx emd voluntary acL af said ccuporadon, for the uses
and purposes therem meatioaed in the iastcument.
' Dated this -j day of
~e E E. NOTARY PCJBLIC ia md for the State of Washingcon,
` p7AAy~~~ ~ ~ - Residing at s~howc~5~
My appointnaent expires 3-cp
.
~ . ,
i ~ pUBIO . 2~ .
.p
1-3-00
• ty
,~I ~ ~►e .
~~iliiii
95390 ktVsxwnLx arti
INLAND PACIFIC ENGINEERING CO., INC.
a Washington corporation 1~
BY: V i
Richard L. Masdii
President
STATE OF WASHINGTON
COUNTY OF SPOK 4 NE
I certify that I know or have satisfactory evidence that Richard L. Mason is the
person who appeared before me, and that said person acknowledged that he signed this
instrument, on oath stated that he was authorized to execute this instrument, and
acknowledged it as the President of INLAND PACIFIC ENGINEERING CO., INC., a
Washington corporation, to be the free and voluntary act of said corporation, for the uses
and purposes therein mentioned in the instrument.
Dated this ,o~(~~day of 199-L.
U
S,~~r~o OFFICIAL SEAL NOT PUBLIC ~ and for~the State of Washington,
o° 6~ E JUDlTH LEO Residing at
Notary Public - Was h i n p i o n ~ My appointment xpires--11> -.~7-9 7
~Oys ;~9 aoy~2 My Commission Expires ~ •
October 27,1997 ,
rvw-.iv v v.... v vvv ~
95590 RNERWALK 4TH
_ 07/01/86 12:12 FAX 206 868 6tf20 llEAN/HUUSL.N:Y LLC;, 19002
. ~
• JUL-01-1996 11= 32 l I P9AND PRC I F I C ENG P. 03
` i
:I
STANTON DEVELOPbMNT
a Wasbington Carporation
By: ~~..-...s7
sTATE oF wASHNGrox COUNTY OF J64
I oettify that I lmnw ar have satisfaccory cvidence tbat
is the person whia appearcd bcfore mc, and tbai said porson acknowlcdged that he signed this
instivmetnt, an aath stated that he was authoriud to exocute this instirament, 4nd
aclonowlodgod it as the ~kr_xkgw-r of~k u~w:a ('orflnnajhaJ
a Wad&Von corporation, tu be the free and voltiWAry s+ct of said oorporation, foz the uses
and putposes therein meationed in the instnurient.
Dated this l day af J u-XL.-, , 199 6 .
NOTARY PUBUC in and fo'r~the State of Washuigton,
~~.•~5~'~~~ F'rA IZ881d1Bg SL h~~Z?
rpTAR
~ My appomoment expires I- 3- Da
.o . -
~ • .
~ a
~ AU9LN,'
X•.~ ~ ~:~p C~
O 11111 ~ .
~
9-aGil&R1vERWAIZ 76
INLAND PACIFIC ENGINEERING CO., INC.
a Washington corporation
1~
By:,
Richazd L. Mason
President
STATE OF WASHINGTON
COUNTY OF SPOKANE
I certify that I know or have satisfactory evidence that Richard L. Mason is the
person who appeared before me, and that said person acknowledged that he signed this
instrument, on oath stated that he was authorized to execute this instrument, and
acknowledged it as the President of INLAND PACIFIC ENGINEERING CO., INC., a
Washington corporation, to be the free and voluntary act of said corporation, for the uses
and purposes therein mentioned in the instrument.
Dated thisc~~daY of .1996.
v
c
. .
BTATE~~ OFFICIAL SEAL NOT~Y PUBLIC ' and for the State of Washington,
ov JUDITH LEO Residin at
'
Notary Pub(ic - UUashington ~
My Commission Ex ires ' My appointment~expires %U~;Vr9 7
October 27, 1997 ;
~~S~
~
95648f R[VERWALIt,ascu/
7
~
INLAND PACIFIC ENGINEERING, INC.
June 14, 1996 .
W.O. No. 95581 ,
Spokane County Public Works
W. 1026 Broadway
Spokane, WA 99260
Attn: Ed Parry, P.E., Development Services RECEIVED
Re: Riverwalk Sth Addition; P-1414D; 2nd Submittal JUN 14.96
SPOKANE COUNTY ENGINEER
Ed:
Per your letter of May 15th, 1996 we are re-submitting engineering plans for acceptance for the above
referenced plat. For your further evaluation we have included the following:
► An updated checklist.
► A revised basin map indicating the Tc's used.
► A request for extension of the design deviations for the private road designs from Riverwalk 2nd
and 3rd.
► A revised certification statement on the signature sheet of the drainage calculations.
► A copy of the homeowners association indicating the appropriate maintenance measures approved
for 2nd and 3rd.
► Two sets of prints are being provided for your use.
► A copy of the executed statement of agreement for construction services has also been included.
Should you have any questions concerning this resubmittal please call at 458-6840. Any minor issues
which may come up may be best worked out over the FAX machines. As always your prompt attention to
this project is greatly appreciated.
Sinc ely,
Inla Pacific n 'neering Co.
. ,
Todd R. Whipple, P.E.
TRW/tw enclosures
cc: Mark Hancock, Dean-Housley Company
fi le
707 West 7th • Swte 200 2020 Lakewood Drive • Surte 205
Spokane, WA 99204 Coeur d'Alene, ID 83814
509-458-6840 • FAX• 509-458-6844 208-765-7784 • FAX: 208-769-7277
-
\ j
sPaKANE,.,JuNry UVMRIM RaAD ~ nRAIvAGE
SLTBIIHTTAL CHECKLIST
PROJECT # qis~ -P l~ 1-4 b DATE;
PROJECT rrA.ME: ~ 1vweu,L4t.K
PROJECT sPoNsoR: . 7EX2-A-kJ u~.~sL~-r TFt 0
,
PROJECT ENGiNEER: ~ b TZ. TEI_A-4-58 "f-S40
(ltrrad & i]raEnage Plans)
`
PROJECT sirnvEYOR: ,4-t- TEF
~lA0 .
PT,EASL PR[]VIDE A RESPUNSE'FD EACH UF'1`HE Ft)LLUWING I'i'EMS.
~
GENER.AiL nuMS REV EI VED
YeZNoOruA❑ Y. A signed s`AGREIICENT TO PAl' FEES" foran ha.c been srabmitted to Spokme Cvun alang with auy
agpticable piat fees, prior to any pre-desigidpresuhmitial meeting iu N ,4
Yes0NZ1Nr„E3 2. i hare acopy of, and have reviewed the mvsc recenc cond'ati[ms of approV406W&6WJ~M~pffAirements
ansi conditions of approval have been incorporaied in this ptan sabmutattal.
PROJECT DESIGN
YazoEl,vr,►E] 1. I haVe completed a muumum of one pre-design meeting with Spokane Caunty Aeve3opment Engineering
Servie.es Engineers where, agreement was rea.r-hed an drainage design approach.
W,13'No[IhrA❑ 2. I ha►+e included the results of any geoteehnical testing that is required hy the design approach to verify design
parameters.
r.E3NoE1,xrA❑ 3. I have included any required pavement ciesign c.alculatipns on new Public raadways as required by the
ASFOKANE COUNTY STANDARDS FOR RQATI AND SEWIIt CDIiiSTRUGTit7N", latest eciitivn.
Y.ExOE]MAD 4. 'xhe road and drainage plan.s oomply with the"SI`ANUARU ROAD PLAN" requ.irements for g1an, prafile, and
typicaI cross section elements contattied in"SPOKANE CUCiNTY 5fiAiwIDARIDS FOR RDAD AND SEWFR
CONSTRI7CTIDN" latest editian except as all[rwed through appmved design deviations.
vaLJHa❑r,,Ad S. The drainage report iricarporaies the minimum requiremenis for a storm drainage analysis as nated izi the CiSM
and other iiems vvhich a.re apprapriate to demonstrate ihat thc tiesign tneets a.ft requirements of the Spokane
County GuideIines far Starmwater Ma.nagement ezcept as a1lav~ci through approved design deviaiians.
re;1TN611rvA❑ 6. _A Cbmplete draina,ge ba5in map with titne of rancentration pat.bs shawn has been included with the detasled
hydrology c.al[ailatiors. Ilra'~e basin map shaws Wpagraph, Proposed drainage features, and correlates with
hydroingy calculations.
raIJN,OKi,,❑ 7. All agplicable traf~ic signing requirements are met and have been inr.arparated'in the plan snbmitta,l.
rm❑xZIn/A0--l I haee inclu[ted capies af aU appraWed llFSIGN bEVIAIT0N5 whicfi aze requsred far th2s project.
xwoNoOruAD 9. The ptaas and drainage repQrt are stampeei, signed, and dated, and rantains, the agplicabie certifir.ation
statement.
YesLrJZON1AE] 10. I have inciuded an adequate erosian control plan and applicable standard plan notes,
r.L5Ho0KrA❑ lI. I baVe secured approvals fram aIl applicable autside agencies such as fire districts where applicabIe and have
included proof of their approvaFs..
r~0NoE1,vrA❑ 12. i have grovicfed an accegtable means fnr perpepzal mainrenancc of street and drainage facilities that is arceptable
to Spokane Gounly aud have secured and included cvpies of any required easements.
r=C1re❑Ni„D 13. T have reviewed the plans, calcularions and ather submittal data for campleteness, accuracy and consistency and
have submit#cd twa copics af plans and (1) bnund draiinage repvrt.
l4 A-bUEUDLd.A"~ -R:~) ~TCA" M~:-l.x[_` "A4
Ilckplari 1.0Ilviay9a I