ZE-109-80
5510308
Page ; 1 of 2
OV1612007 02:54P
SPOKANE CO ENGINEERING 0 $0.00 Spokane Co, WA
After Recording Return To:
Spokane County Engineer's Office
Attn.: Right of Way Department
1026 West Broadway Avenue
Spokane, WA 99260-0170
Document Title: Right of Way Deed
Grantor: Pomajevich Investments Co., LLC
Grantee: Government, City of Spokane Valley
Legal Description: SE 1/4 of Section 9, Township 25 N., Range 44 EWM, Spokane Valley, Washington
Additional Legal Description: See Page 1
Assessor's Tax Parcel Number: 45094.0519
Zone Change ZE-109-80
CITY OF SPOKANE VALLEY
DIVISION OF ENGINEERING
Spokane County, Washington
RIGHT OF WAY DEED
IN THE MATTER OF MANSFIELD AVENUE RF NO. 2112
KNOW ALL MEN BY THESE PRESENTS, that the Grantor, POMAJEVICH INVESTMENTS
CO., LLC, for and in consideration of Mutual Benefits, grants and conveys to the City of
Spokane Valley, the following described parcel of land, situated in Spokane County, State of
Washington, to-wit:
PORTION OF ASSESSORS PARCEL NO. 45094.0519
That portion of Lot 20 of PINECROFT FIRST ADDITION as per plat thereof
recorded in Volume "M" of Plats, Page 35; said portion lying Northerly and
W Westerly of the following described line:
ti
BEGINNING at a point on the East Line of Lot 20, said point being 24.00 feet
rv South of, when measured at right angles, the Proposed Center Line for Mansfield
o Avenue as per Survey recorded under Spokane County Auditor's Recording No.
5497724, Book 126, Page 13; thence S 87° 15' 46" W and parallel with said
Proposed Center Line, a distance of. 165.39 feet (MOL) to a point opposite Station
l 1 + 57.30 on the Proposed Center Line shown on said Record of Survey; thence
S 79° 32' 15" W, a distance of 16.43 feet; thence Southwesterly along a curve to
the left, concave to the Southeast, having a radius of 59.50 feet through a central
angle of 53° 59' 40" and a distance of 56.07 feet (MOL) to a point on the East
right of way line for Wilbur Street and the Terminus of this line description.
o Located in the Southeast Quarter (SE 1/4) of Section 9. Township 25 North,
o Range 44 East, W.M., City of Spokane Valley, State of Washington.
c~
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o TO HAVE AND TO HOLD the same, unto the said City of Spokane Valley for the purposes of a
public road forever.
ot
5510308
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Page: 2 of 2
0311612007 02:54P
SPOKANE CO ENGINEERING 0 $0.00 Spokane Co, WA
IN WITNESS REOF, I have hereunto set my hand and seal this / day of
, 2007.
POMAJEVICH INVES NTS CO. LLC
By:
J. Grant Person, Attorney in Fact
STATE OF WASHINGTON )
COUNTY OF SPOKANE ) ss
On this 9 - day of ,t 0- E{ , 2007, before me, personally appeared,
J. Grant Person to me known to be the individual who executed the foregoing instrument as
Attorney in Fact for Pomajevich Investments Co., LLC, and acknowledged that he signed the
same as his free and voluntary act and deed as Attorney in Fact for said principal for the uses and
purposes therein mentioned, and on oath stated that the Power of Attorney authorizing the
execution of this instrument has not been revoked and that the said principle is now living.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and
year first above written.
NOTARY PUBLIC
STATE CF WASHINGTON NOTARY PUBLIC
FREDERICK J. FOSS In and for the State of Washington
My appointment expires March 15]2008 Residing at Spokane.
3 (5 - - Z c.09
My appointment expires
2
DEPARTII~NT
OF REVENUE
"'"°T°" ~"TE REAL ESTATE EXCISE TAX AFFIDAVIT
This form is your receipt
PLEASE TYPE OR PRINT CHAPTER 82.45 RCW - CHAPTER 458-61A WAC when stamped by cashier.
- ~wrt THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULLY COMPLETED
(See back of last page for instructions)
f4'Check box if partial sale of property If multiple owners list percentage of ownership next to name.
Name P® M A " e. V 5 zl,-, Name
PLC- Spokane Right Of W
Z Mailing Address 6JI ! a 59 -re I ✓ < 7w4wiJ Mailing Address Ave
N City/State/zip LL-At %Jr6kr VIA ola-7, m ~ City/State/Zip Spokane, WA 99260-0170,
Phone No. (including area code) Phone No. (including area code) 1;r, I Send all perty tax correspondence to: ❑ Same as Buyer/Grantee list all real and personal property tax parcel account y -nun-lb-&T---cheek-box if personal property List assessed value(s)
Name :~9Ca,; G~ es~ ~"~e cA ~i ❑
Mailing Address I(-ZX 1 ~I"• . ❑
City/State/Zip 4C70 CA-1 oE~e : 0- C' . A ea Ur W ❑
Phone No. (including area code) Q'1 - -/12 ❑
Street address of property: 2 02 AAA o 5 tick ~ R. Q~
J This property is located in ❑ unincorporated County OR within (city of -S~40 IC U V-,#~
❑ Check box if any of the listed parcels are being segregated from a larger parcel.
Legal description of property (if more space is needed, you may attach a separate sheet to each page of the affidavit)
\J b~
r
Enter Abstract Use Categories: List all personal property (tangible and intangible) included in selling
(See back of last page for instructions) price.
If exempt from property tax per chapter 84.36 RCW (nonprofit
organization), include:
Seller's Exempt Reg. No.:
YES NO If claiming an exemption, list WAC number and reason for exemption:
L .4
Is this property designated as forest land per chapter 84.33 RCW? C1 Cgoa' WAC No. (Section/Subsection)
-
Is this property classified as current use (open space, farm and ❑ Reason for exem tion C~~y ey~Q.
agricultural, or timber) land per chapter.84.34?
Is this property receiving special valuation as historical property ❑ [ ° - _ - - -
per chapter 8426 RCW?
If any answers are yes, complete as instructed below. Type of Document t ielll;.Cl • 4 4.1
(1) NOTICE OF CONTINUANCE (FOREST LAND OR CURRENT USE)
Date of Document A* t e L ci
NEW OWNER(S): To continue the current designation as forest land or
classification as current use (open space, farm and agriculture, or timber) Gross Selling Price
land, you must sign on (3) below. The county assessor must then determine
if the land transferred continues to qualify and will indicate by signing below. *Personal Property {deduct) $ 1
If the land no longer qualifies or you do not wish to continue the designation Exemption Claimed (deduct) $
or classification, it will be removed and the compensating or additional taxes
will be due and payable by the seller or transferor at the time of sale. (RCW Taxable Selling Price $
84.33.140 or RCW 84.34.108). Prior to signing (3) below, you may contact Excise Tax: State $
your local county assessor for more information. Local $
This land ❑ does ❑ does not qualify for continuance. *Delinquent Interest: State $
Local $
DEPUTY ASSESSOR DATE *Delinquent Penalty $
(2) NOTICE OF COMPLIANCE (HISTORIC PROPERTY) Subtotal $
NEW OWNER(S): To continue special valuation as historic property,
sign (3) below. If the new owner(s) do not wish to continue, all *County Technology Fee $
additional tax calculated pursuant to chapter 84.26 RCW, shall be due *State Technology Fee $
and payable by the seller or transferor at the time of sale.
(3) OWNER(S) SIGNATURE *Affidavit Processing Fee $
Total Due $ 4Q .
A MINIMUM OF $10.00 IS DUE IN FEE(S) AND/OR TAX
*SEE INSTRUCTIONS
I CERTIFY UNDER PENALTY OF PE URY THAT THE FOREGOING IS TRUE AND CORRECT.
Signature of a r • Signature of e [C ~ L
Grantor or Grantor's Agent Grantee or Grantee's Agent a Q' -
m
Name (print) 4r4 - Name (print)
Date & city of signing: &eZ-2 /117
Date & city of signing: F
Perjury: Perjury is a class C felony which is punishable by imprisonment in the state correctional institution for a maximum term of not more than five years, or by
a fine in an amount fixed by the court of not more than five thousand dollars ($5,000.00), or by both imprisonment and fine (RCW 9A.20.020 (1C)).
REV 84 0001a (01/12/06) THIS SPACE - TREASURER'S USE ONLY TAXPAYER
INSTRUCTIONS
Note: To report a transfer of a controlling interest in an entity with an interest in real property, please use Real Estate Excise Tax Affidavit/ReturrL
Revenue Form No. 84-00018. This form is available at your local County Treasurer's or Recorder's Office or online at http:i/dor.wa.gov.
Section 1: `
Enter the name(s) of seller/grantor. This is the person(s) conveying interest in the property.
Section 2:
Enter the name(s) of buyer/grantee. This is the person(s) receiving interest in the property.
Section 3:
• Enter the name and address Where you would like all future property tax information sent.
• Enter the tax parcel number and current assessed value for real and personal property being conveyed. Check the box to indicate
personal property.
Section 4:
• Enter the street a '
• Enter the county PORTION OF ASSESSORS PARCEL NO. 45094.0519
• Enter the legal di
Section 5: That portion of Lot 20 of PINECROFT FIRST ADDITION as per plat thereof
• Enter the appropi recorded in Volume "M" of Plats, Page 35; said portion lying Northerly and
I - Residential, Westerly of the following described line:
2 - Residential,)
3 - Manufact . BEGII~G at a point on the East Line of Lot 20, said point being 24.00 feet
4 - Commercial ht angles, the Proposed Center Line for Mansfield
5 -Agriculture Sough of, when measured at rig
6 Agricultural Avenue as per Survey recorded under Spokane County Auditor's Recording No.
7 - Designated 5497724, Book 126, Page 13; thence S 87° 15' 46" W and parallel with said
8 - Open Spac Proposed Center Line, a distance of 165.39 feet (MOL) to a point opposite Station
• Seller's Exempt, 11 + 57.30 on the Proposed Center Line shown on said Record of Survey; thence
Section 6: S 79° 32' 15" W, a distance of 16.43 feet; thence Southwesterly along a curve to
Indicate whether 1
agricultural, whether ri the left, concave to the Southeast, having a radius of 59.50 feet through a central
angle of 53° 59' 40" and a distance of 56.07 feet (MOL) to a point on the East
Section 7:
• List personal pi right of way line for Wilbur Street and the Terminus of tl-us line description. ent, etc) and
intangible (good
• Use Tax is due i ined Excise
Tax Return or a Located in the Southeast Quarter (SE 1/4) of Section 9. Township 25 North,
• If you are claim. Range 44 East, W.M., City of Spokane Valley, State of Washington. ection and
provide a brief a line
documentation requirements. Chapter 458=bTA WAC is-avTarranre-onzme ar-rrcgp:rruvr.wa. .
• Enter the type of document (quit claim deed, statutory warranty deed, etc.), and date of document (MM/DD/YYYY)
• Enter the selling price of the property.
Selling price: For tax purposes, the selling price is the true and fair value of the property conveyed. When property is conveyed in an arm's
length transaction between unrelated persons for valuable consideration, there is a presumption that the selling price is equal to the total
consideration paid or contracted to be paid, including any indebtedness. Refer to RCW 82.45.030 for more information about selling price.
• Deduct the amount of personal property included in the selling price.
• Deduct the amount of tax exemption claimed per chapter 458-61 A WAC.
Due Date, Interest and Penalties: Tax is due at the time of sale/transfer. If tax is not paid within one month of the date of sale/transfer,
interest and penalties will apply. The interest rate is variable and determined per RCW 82.32.050. Delinquent penalties are 5% one
month after the due date; 10% two months after the due date; and 20% three months after the due date. (RCW 82.45. 100)
County Technology Fee - A $5.00 Electronic Technology Fee that is due on all transactions where no tax is due and where tax due is
less than $5.00
State Technology Fee - A $5.00 Electronic Technology Fee that is due on all taxable transactions.
Affidavit Processing Fee - A minimum of $5.00 shall be collected in the form of tax and processing fee. A processing fee is due on all
transactions where no tax is due and on all taxable transactions where the tax due is less than $5.00.
Section 8:
Both grantor (seller) and grantee (buyer), or the agent of each, must sign this form, certifying that all the information provided is correct.
Note: Original signatures required on the "County Treasurer" copy. Signatures may be required on the "Assessors" copy. Check with
your county.
Where to send completed forms:
Completed forms should be submitted to the County Treasurer's or Recorder's Office where the property is located.
Audit:
Information you provide on this form is subject to audit by the Department of Revenue. Underpayments of tax will resulilin the issuance
of a tax assessment with interest and penalties. Note: in the event of an audit, it is the taxpayers' responsibility to provide documentation
to support the selling price or any exemption claimed. This documentation must be maintained for a minimum of four years from
date of sale. (RCW 82.45.100)
Ruling requests:
You may request a predetermination of your tax liability. The written opinion will be binding on both you and the Department based on
the facts presented (WAC 458-20-100(9)). Send your ruling request to:
Department of Revenue
Taxpayer Information & Education
P.O. Box 47478
Olympia, WA 98504-7478
FAX (360) 705-6655
For tax assistance, contact your local County Treasurer%Recorder or visit http://dor.wa.gov or call (360) 570-3265. To inquire about the availability of this
document in an alternate format for the visually impaired, please call (360) 705-6715. Teletype (TTY) users please call 1-800-451-7985.
REV 84 0001a inst. (01/12/06)
r -
5510309
Page : 1 of 2
SPOKANE CO ENGINEERING EAS $0.0) 03/18/2007 02:55P
. Spokane Co, WA
After Recording Return To:
Spokane County Engineer's Office
Attn.: Right of Way Department
1026 West Broadway Avenue
Spokane, WA 99260-0170
Document Title: Easement
Grantor: Pomajevich Investments Co., LLC
Grantee: Government, City of Spokane Valley
Legal Description: SE 1/4 of Section 9, Township 25 N., Range 44 EWM, Spokane Valley, Washington.
Additional Legal Description: See Page 1
Assessor's Tax Parcel Number: 45094.0519
Zone Change ZE-109-80
CITY OF SPOKANE VALLEY
DIVISION OF ENGINEERING
Spokane County, Washington
BORDER EASEMENT
IN THE MATTER OF MANSFIELD AVENUE RF NO. 2112
KNOW ALL MEN BY THESE PRESENTS, that the Grantor, POMAJEVICH INVESTMENTS
CO., LLC, for and in consideration of Mutual Benefits, grants to the City of Spokane Valley, a
political subdivision of the State of Washington, an easement to use the following described real
estate, situated in Spokane County, State of Washington, to-wit:
AFFECTS ASSESSORS PARCEL NO.: 45094.0519
That portion of Lot 20 of PINECROFT FIRST ADDITION as per plat thereof
recorded in Volume "M" of Plats, Page 35, and that portion of vacated Wilbur
Street which attached by operation of law, lying Northerly and Westerly of the
following described line:
BEGINNING at a point on the East Line of Lot 20, said point being 32.00 feet
South of, when measured at right angles, the Proposed Center Line for Mansfield
Avenue as per Survey recorded under Spokane County Auditor's Recording No.
5497724, Book 126, Page 13; thence S87°15'46"W and parallel with said
Proposed Center Line, a distance of 135.07 feet (MOL) to a point opposite Station
11 + 87.62 on the center Line shown on said Record of Survey; thence
S79032' 15"W, a distance of 45.38 feet; thence Southwesterly along a curve to the
left, concave to the Southeast, having a Radius of 47.50 feet through a central
angle of 77°00'51", a distance of 63.85 feet; thence along a curve to the right,
concave to the Northwest, having a Radius of 77.50 feet through a central angle of
40° 39' 49", a distance of 55.00 feet; thence along a curve to the left, concave to
the Southeast, having a Radius of 37.50 feet through a central angle of 64°50'59",
a distance of 42.44 feet; thence S 21 ° 39' 46" E, a distance of 42.07 feet (MOL),
to a point on the Easterly right of way line for Montgomery Drive, as per CRP No.
1389, the Plans for which can be found in the Office of the Spokane County
Engineer, and the Terminus of this line description.
(continued on Page 2)
K. 0.e e Tax Exempt
dat ~7
S Ou ~B.
5510309
v
• Page : 2 of 2
SPOKANE CO ENGINEERING EAS $0.00 Spokane0Coo A5SP
EXCEPT right of way for Mansfield Ave. and Wilbur Rd.
Located in the Southeast Quarter (SE 1/4) of Section 9, Township 25 North,
Range 44 East, W.M., City of Spokane Valley, County of Spokane, Washington.
The easement as shown hereon is hereby granted to the City of Spokane Valley and its authorized
agents, and to the public for road purposes, including but not limited to curbs, sidewalks,
drainage, signage and other usage deemed necessary by the City of Spokane Valley Division of
Engineering for the safety and welfare of the public. No fence or portion thereof will be
constructed within said easement without permission of the City of Spokane Valley Division of
Engineering, nor will any objects be placed in said easement that would obstruct the sight
distance necessary for safe and efficient vehicular movement. Any other easements granted or
dedicated within this easement area will be subordinate to the rights created by this easement and
are subject to the City of Spokane Valley Division of Engineering permit process prior to usage.
The easement and the agreements and duties provided for herein shall run with the land and shall
be binding on the parties referenced herein, their heirs, successors and assigns.
The City of Spokane Valley agrees to and shall install drainage facilities and sidewalk in the
above described property according to the approved plans on file with the City of Spokane Valley
Division of Engineering. The City of Spokane Valley or their successors in interest agree to and
shall maintain in good repair the sidewalks and landscaping to be installed in such property.
The City of Spokane Valley shall maintain all drainage inlets, grates, pipes, and drywells used for
the disposal of public road drainage.
IN WITNESS WHEREOF, the dersigned has caused this instrument to be executed on this
-04 .
-day of , 2007.
q -
POMA VICH J ST CO. LLC
By:
J. Grant Person, Attorney in Fact
STATE OF WASHINGTON )
COUNTY OF SPOKANE ) ss
I certify that I know or have satisfactory evidence that J. Grant Person is the individual who
appeared before me, and said individuals acknowledged that he signed this instrument, on oath
stated that he was authorized to execute the instrument and acknowledged it as the Attorney in
Fact for Pomajevich Investments Co., LLC, to be the free and voluntary act of such party for the
uses and purposes mentioned in the instrument.
Dated this ni _ day of /IA t e- , 2007.
NOTARY PUBLIC NOTARY PUBL C
REDERICK J. FOSS" In and for the State of Washington,
[Myappo~ihntment ATE OF WASHINGTOI
expires March a 2008 residing at Spokane.
My appointment expires: 3
Page 2 of 2
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PROPOSED ROW LINE
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PROPOSED BORDER
/ EASEMENT LINE
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PROPOSED ROW LINE
EXISTING ROW LINE
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AREAS NEEDED FOR PROJECT:
70_F6 >.F. - NEEDED
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0 63,590.36 S.F. - REMANDER
01-TACE, (W C. R. P. N o. 3016
1`0 K:-\NEll COUNTY F,NCilNLL:H MANSFIELD AVENUE
IV. 1026 BROADWAY AVL. MC-MTrOMERY AVE TO CHLERI'RY S-
~zPoxANE , WA. 9 ~s0
477 A,()[)() ;0 W If'\1f= (;RMATION
CITY p6Z Sn;oOValley -
11707 E. Sprague Ave. - Suite 106 - Spokane Valley, WA 99206
(509) 921-1000 - Fax (509) 921-1008 - cityhall@spokanevalley.org
March 12, 2007
Pomajevich Investments Co., LLC
C/O J. Grant Person
11219 E. Sundown
City of Spokane Valley, WA 99206
RE: Zone Change ZE-109-80
Affecting Assessor Tax Parcel No. 45094.0519
The City of Spokane Valley acknowledges and accepts that the right of way conveyance
has fully satisfied the following conditions for Mansfield Avenue/Wilbur Road, as set
forth in ZE-109-80, and agreed upon in the Letter of Agreement executed between the
City Spokane Valley and J. Grant Person, Pomajevich Investments Co., LLC dated
January 30, 2007, and signed on February 1 by Mr. Person, and signed on February 5 by
Mr. Kersten.
Conditions: Page 2, Paragraph D, sub-paragraph b), numbers 1,2,4,8, and 9; AND Pages
3 & 4, Paragraph D, sub-paragraph e), numbers 5 and 9 exclusively.
Said transaction has determined to be completed since all documents relating to this
transaction have been approved by the Parties and all documents requiring validation are
recorded in the Office of the Spokane County Auditor. The City of Spokane Valley now
issues this letter of Satisfaction of Conditions to (property owner) specifically for only
those conditions listed herein.
The satisfaction of these conditions for road improvements will not relieve the property
owner of any other conditions or requirements specified in the findings of fact for the
zone change and/or short plat affecting the above described property.
CITY OF SPOKANE V EY
B
Neil Kersten, P the Works Director Date
POMAJEVICH INVEST NTS CO., LLC
Recei
J. ant Perso , ttorney in Fact Date ~
e
CITY OF
'0
- Spokane ley
11707 E. Sprague Ave. • Suite 106 • Spokane Valley, WA 99206
,,;oOVal (509) 921-1000 • Fax (509) 921-1008 - cityhall@spokanevalley.org
January 30, 2007
Pomajevich Investments, L.L.C.
C/O J. Grant Person, Developer
11219 E. Sundown
Spokane Valley, WA 99206
RE: Zone Change ZE-109-80
Affecting Assessor Tax Parcel No. 45094.0519
I do hereby voluntarily agree, on behalf of the property Owner, Pomajevich Investments,
L.L.C., to convey designated portions of the above referenced property as Right of Way
and Border Easements to the City of Spokane Valley provided that the City agrees to
acknowledge and accept that said conveyances will fully satisfy the following conditions
for Mansfield Avenue/Wilbur Road, as set forth in the attached document identified as
Exhibit `A' and referenced as ZE-109-80. Specific conditions of ZE-109-80 affected by
this Agreement are as follows:
Conditions: Page 2, Paragraph D, sub-paragraph b), numbers 1, 2, 4, 8, and 9;
And Pages 3 & 4, Paragraph D, sub-paragraph e), numbers 5 and 9
exclusively
The satisfaction of these conditions for road improvements will not relieve the property
owner of any other conditions or requirements specified in the findings of fact for the
zone change affecting the above described property.
Said transaction shall be determined to be completed once all documents relating to this
transaction have been approved by the Parties and all documents requiring validation are
recorded in the Office of the Spokane County Auditor. At such time the City of Spokane
Valley will issue a letter of Satisfaction of Conditions to the property owner specifically
for only those conditions listed herein.
J. Grant Person, Pomajevich Investments January 30, 2007
Zone Change ZE-109-80 Page 2
PROPERTY OWNER REPRESENTATIVE
~ Zooms
rant Pers n, eveloper Date
CITY OF SPOKANE VAL Y
Neil Kersten, Pu c Works Director Date