27672 ENGINEERS REVIEW
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stutus Activr ENGINEER'S REVIEW SHEET
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- •-\-s 13uiIt Plsns RcicivCJ Plats File PE1 -1750D -4;
Roati Pians Approved Companinn Filei: 7E4)034-94 PUUL:-11-43-94
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f~te Receivcd: OSl28/2002 Nn Lots: 39 No. Actes:
Project tiame SHELLEY LAkE 4TH ADD PtTD
5itc Addrcss S 041'M. N. 11 TH, E. ROTCHFORn, W. S7LGN,
Appllcant Conciitwns Mailed- 3•lood ZonC Ycs Phonc Dist Schocfl Uist 356
Koher; i. "3,u5;er" t Ic,cman 1r Fa,e Dist Itange= Coa-riship-5ection: 44 - 25 - 24 P.4RCEl.(S): (first ?O)
1N'atcr Sourct 45245.9152
8225 N_ Division Sc Sewer 5uurre
SpQ1~1NE, WA 99208-
Photic (509)467-2123 Enginrer
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C)KAN~~ ' WA 4921}d-
ftohcrt L "hiutrr" Hrilmun.ir SPPhonC (509) 458-6849 I
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S1'UKAVL.IVA 99208-
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ROi3FR'T L EtE1TIv[AN JR
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Date Submittccl Desrription Initials
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Eng Nrcd Urainuge Pluns Eng Need Tmftic Arwlysis Eng Necd Othc7
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BEFORE SPOKANE COUNTY DIVISION OF PLANNING
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N THE MATTER OF AN EXTENSION OF )
TIME REQUEST FOR PE-1750-94 ) FINDINGS OF FACT
SHELLEY LAKE, AN APPROVED ) . CONCLUSIONS AND
PRELIMINARY PLAT WITH PUDE-4-94, A ) DECISION
PLANNED UNIT DEVELOPMENT (PUD) )
OVERLAY ZONE AND ZE-34-94, A ZONE )
RECLASSIFICATION FROM URBAN )
RESIDENTIAL-3.5 (UR-3.5) AND SUBURBAN )
RESIDENTIAL-1 (SR-1) TO URBAN )
RESIDENTIAL-12 (UR-12) )
THIS MATTER, a request for an Extension of Time from Robert Heitman has been
received and decided upon, pursuant to Section 12.100.118 of the Spokane County Subdivision Ordinance and RCW 58.17.140.
FINDINGS OF FACT
1. The individual signing below has been properly delegated the responsibility for
rendering this decision by the Spokane County Director of Planning.
2. The subject preliminary subdivision was approved January 24, 1995 by the Board of
County Commissioners on appeal from the Hearing Examiner 'Committee approval of
August 26, 1994. The original proposal was a preliminary subdivision to divide 123.8
acres into 243 single family dwellings and 200 multiple family dwellings with a
Planned Unit Development (PUD) Overlay zone. The proposal also includes a
request to reclassify a 14-acre portion of the project site from Suburban Residential-1
(SR-1) and Urban Residential-3.5 (UR-3.5) to Urban Residential-12 (UR-12).
3. The proposal is generally located south of 0 Avenue, east of and adjacent to
Conklin Road, approximately 700 feet south of Sprague Avenue, and approximately
1/4 mile east of Sullivan Road, in Section 24, Township 25 North, Range 44 E.W.M.
Spokane County, Washington, and identified as Assessor's tax parcel numbers
45241.9148 and 45241.9152.
4. The current zoning for the site is Urban Residential-3.5 (UR-3.5) and Suburban
Residential-1 (SR-1). The requested zoning reclassification will be implernented
during finalization of the remaining phase(s) of the preliminary pfat.
5. Spokane County has established specific criteria for considering the extension of
time for the expiration of preliminary subdivisions. These criteria are found in
Section 12.100.118 (Extensions of Time) of the Spokane County Subdivision
Ordinance and have been used as a basis for this decision.
Section 12.100.118 states that the Director may administratively approve an
extension provided there are no significant changed conditions which would render
filing of the plat contrary to the public health, safety or general we(fare, and further
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provided one or more of the following circumstances is found to appiy. The criteria
and Pianning Division's response thereto are as follows:
7hat some porfion of the existing preliminary plaf has been finalized since the
last extension was granted and the remaining lots wou/d form a unified
deve/opment consistent with the original approval;
RESPONSE: The first phase of Shelley Lake Addition, was recorded on
January 30, 1997 consisting of 82 units. The applicant has also finalized
Shelley Lake 18t Addition (Phase 2) and Shelly Lake 2"d Addition (Phase 3)
including a total of 44 lots. Since the. last time extension was granted in
January of 2001 the applicant has finalized Shelley Lake 3"d Addition (Phase
IV) with 32 lots. Of the original 443 units approved in the preliminary
subdivision, 158 Iots have been finalized and 85 single family lots and 200 -
multi-family units remain to be finalized.
2) Thaf the preliminary subdivision remains generally consistent with the original
p/at or binding sife plan that. was approved, and the sponsor has taken
subsfantial steps towards finalizing the p/at or binding site plan, which shall
include one, but is not limited to, the following:
a. surveying fhe /ofs within the development;
b. arranging for public services to the site; . c. obtaining necessary rinancing for all or a portion of the preliminary
subdivision, short subdivision, or binding srte p/an;
d. the comp/etion of studies or other requirements which were part of
preliminary subdivision, short subdivision, or binding site plan approval.
RESPONSE: Sewer plans have been approved for the 5th Phase of the project.
Drainage and road plans have been prepared and are being reviewed by
appropriate agencies. The water distribution pfan is being developed for
• agency approval.
3) That at the fime the preliminary plat approval was granted, development of the
proposal was conditioned upon the extension of public services which are not
yet available. This provision shall not apply to public utility exfension which the
project sponsor would normally fund.
RESPONSE: Not applicable.
4) That administrative delays have caused the inability of the applicant to finalize
the plat within the five (5) year fime period.
REPSONSE: Not applicable.
6. The Comprehensive Plan under which preliminary plat approval was granted
designates the area of the preliminary plat as Urban (U) and Suburban Plus (S+).
The Comprehensive Plan designations changed on January 15, 2002 when the
Board of Commissioner implemented a new Comprehensive Plan pursuant to ,
County Resolution 2-0037. The subject application was approved prior to the
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PE-1750-941PUDE-4-94
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effective date of the new Comprehensive Plan, and due to the operation of County
Resolution 2-0037 the subject application shall be evaluated for consistency with the
Comprehensive Plan and the Spokane County Zoning Code in effect prior to January
15, 2002. The preliminary plat remains consistent with the previous Comprehensive
Plan. The current Comprehensive Plan designates the subject area as High Density
Residential (HDR) and Low Density Residential (LDR). Even though consistency is
not required, the preliminary plat is consistent with the new designations.
7. The proposal has been circulated to all affected agencies and departments for
comment. Additional conditions or revisions have been recommended by the
Spokane County Division of Engineering and Roads and the County Division of
Planning. .
8. The subject property is located inside the Interim Urban Growth Area (IUGA)
adopted by the Board of County Commissioners (BOCC) Resolution #97-0321. The
project site is located in the Aquifer Sensitive Area (ASA) and the Priority Sewer
Service Area (PSSA).
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9. This is the third request for a time extension. The total life of the preliminary plat
has been approximately seven and one half years. ,
10. On August 1, 1996, the Spokane County Division of Planning began implementing
the Critical Areas Ordinance for the Protection of Wetlands, Fish and Wldlife
Habitats and Geo-Hazardous Areas. Review of the Spokane County G.eological
Hazards and Constraints Map indicates the subject site contains a limited area of
erodible soils and alluvium soils. Gea-hazardous areas are defined as areas that are
susceptible to erosion, sliding, earthquake, or other geological events that are not
suited to siting commercial, residential, or industrial development consistent with
public health and safety concems. Alluvium soil is potentially instable when
developed.
CONCLUSIONS
BASED UPON A REVIEW of the above Findings of Fact, the following conclusions are
m ade. 1. The preliminary plat remains consistent with the Comprehensive Plan.
2. Subsequent one-year extension(s) of time will only be considered upon a finding of
substantial compliance with Section 12.100.118, of the Spokane County Subdivision
Ordinance. .
3. There are no significant changed conditions which would render filing of the plat
contrary to the pubiic health, safety or general welfare. This conclusion assumes
that the below conditions of approval are met.
DECISION
BASED UPON THE ABOVE Findings of Fact and Conclusions, an extension of time
request for application PE-1 5- 4/ZE-34-94/PUDE-4-94 Shelley Lake is hereby
APPROVEr te that strike through wording below represents
PE-1750-94/PUDE-4-94 Time Extension
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deletions from the conditions of approval and italicized wording represents additions to
the conditions of approval.
CONDITIONS OF APPROVAL
1. All Conditions imposed by the Board of County Commissioners shall be binding on
the "Applicant, " which term shall include the owner or owners of the property, heirs,
assigns, and successors-in-interest.
2. The conditions of approval apply to the preliminary subdivision of record.
3. The zone reclassification from Urban Residential-3.5 (UR-3.5) to Urban Residential-
12 (UR-12) applies to Lot 1, Block 11 of the preliminary subdivision of record. The
planned unit development overlay zone applies to the entire prefiminary subdivision
of record.
SPOKANE COUNTY DIVISION OF PLANNING
1. The proposal shall comply with the Urban Residential-3.5 (UR-3.5), Urban
Residential-12 (UR-12), Suburban Residential-1 (SR-1) and Planned Unit
Development zone(s) as amended. .
2. The preliminary plat is given conditional approval for one (1) year, specifically to
J~ ~9~applicant may request an extension of time by submitting a
tten requesf at least thirty (30) days prior to the above expiration date, or
December 24, 2002, as directed by the County Hearing Examiner. Submission of a
time extension request following said date will not be accepted and will render
the preliminary plat null and void following the project's finalization expiration
date.
3. Bonus density is approved to allow up to 200 multiple family units in the Urban
Residential-12 (UR-12) zone and 38 total units in the Suburban Residential-1 (SR-1)
zone.
4. Since multiple zones affect the planned unit development, minor adjustments in
official zoning boundaries may be approved by the Planning Director or designee to
recognize lot lines and road right-of-way at the time of finalization.
5. 7he final plat shall be designed substantially in conformance with the preliminary
plat of record. No increase of density or number of lots shall occur without a
change of condition application submittal and approval.
6. The Planning Director/designee shall review any proposed final plat to ensure
compliance with these Conditions of Approval.
7. A final plat name shall be indicated before the final plat is filed, such name to be
approved by the Planning Director/designee.
8. Appropriate road name(s) and addresses shall be indicated.
9. Appropriate utility easements shall be indicated on copies of the proposed final plat.
P E-1750-94/P U D E-4-94
Time Extenslon
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Written approval of utility easements by appropriate utility companies shail be
received with the submittal of the final plat.
10. Four (4) current certificates of title shall be fumished to the Planning Division prior to
filing the final plat.
11. The final plat shall indicate yard setback arc lengths on curved street ftontage lots
and cul-de-sac lots which meet or exceed the minimum frontage of the underlying
zone of the final plat.
12. A survey is required prior to the filing of a final plat.
13. Prior to approval of road and drainage plans, the applicant is required to coordinate
with the United States Postal Service to determine type and location of central mail
delivery facilities which may include applicable easements for developments of
three or more homes.
14. A specific landscape plan for oiien space areas, planting schedule and provisions
for maintenance acceptable to the Planning Director/designee shall be subrnitted
along with a suitable guarantee for the installation of the landscaping. Landscaping
shall be installed and maintained so that sight distance at access points is not
obscured or impaired. Landscaping shall conform to the requirement of the
Spokane County Zoning Code and as described in the staff report and shall include
a wildlife habitat enhancement plan as described on pages 44 and 45 of the Shelley
Lake Draft EIS. Identification signs, 6 feet in height, located at entrance points to the
development are approved subject to conformance with clear view triangle
regulations.
15. The PUD plan shall indicate all exterior boundary setbacks, as well as setbacks
from roadways and individual lot lines.
16. 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 the Planning Division prior to finalizing.
17. The private roads and/or common areas shown on this plat shall be dedicated to a
named homeowners association created by document filed with the Washington
Secretary of State. The applicant shall furnish a confirmed copy of the articles of
incorporation filed with the Secretary of State,'prior to final plat approval.
18. The private roads and common areas cannot be sold or transferred, regardless of
any provision in the covenants to the contrary, and shall be considered subservient
estates for real estate tax purposes to the other lots created herein.
19. Project phasing shall be approved by the Planning DirectoNdesignee.
20. The final plat map shall indicate by a clear, dashed line the required yard setbacks
from all private or public roads. The dedication shall contain the following
statement: "Side yard and rear yard setbacks shall be determined at the time
building permits are requested unless these setbacks are specrfically drafted on this
P E-1750-941P U D E-4-94
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fori plat. The setbacks indicated on this plat may be varied from if proper zoning
vals are obtained." The foliowing speciai building setbacks are approved
the planned unit development: . Front Yard 15 feet
Garage 20 feet
Flanking Street 15 feet .
Side Yard 5 feet
Rear Yard 15 feet
Note: All exterior setbacks shall be according to the minimum provided by the
underlying zone. Twenty five foot front and flanking street setbacks will be
required from Rotchford Drive. .
21. The Spokane County Planning Division 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-shall be released, in
full or in part, by the Planning Division. The notice should be recorded within the
same time frame as an appeal and shall provide the following:
a. At least 5 feet of reserved future acquisition area for road right-of-way and
utilities, in addition to the existing and/or newly dedicated right-of-way along 4th Avenue. NOTE: The County Engineer has required 10 feet of new dedication.
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 acquis'rtion 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.
f. Acquisition by Spokane County of any future acquisition area shall be at fair
market value ignoring the restrictions on said acquisition area imposed by these
conditions. 22. The Spokane County Planning Division 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 shall be
released, in full or in part, by the Planning Division. The notice should be recorded
within the same time frame as an appeal and shall provide the following:
P E-1750-94/P U D E-4-94
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a. At least 35 feet of reserved future acquisition area for road right-of-way and
utilities, in addition to the existing and/or newly dedicated right-of-way along
South Valley Arterial. NOTE: The County Engineer has required 0 feet of new
dedication. -
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, ground percolation 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, drainfeld, 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.
f. Acquisition by Spokane County of any future acquisition area shall be at fair
market value ignoring the restrictions on said acquisition area imposed by these
conditions.
23. Upon filing the final plat, or a portion thereof, the zone reclassification of the final
plat area shall be formalized, and the existing zone classification shall be changed
to Urban Residential-12 (UR-12), consistent with the proposed zoning approved
with the preliminary plat of record.
24. The proposal falls under the jurisdiction of the Washington State Shorelines
Management Act, and the applicant is advised that one or more shoreline permits
may be necessary. 25. The final plat shall delineate the Ordinary High Water Mark (OHWM) and the 200
feet of Shoreline Act jurisdiction boundary. The dedication on the final plat shall
state: t the time of approval of the fnal plat, this property fell under the jurisdiction of
he Washington State Shoreline Management Act, RCW 90.58, and the Spokane
ounty Shoreline Program, W AC 173-19-400. Any development of this property
'hall only proceed in strict compliance with the Shoreline Act rules and regulations
n effect at the time of permit issuance."
26. Please be advised that any use, diversion, obstruction or change in the natural flow
of any waters of the State requires approval by the Washington State Department of
Fish and Wildlife. Construction of the proposed wooden bridge over Saltese Creek,
dock and beach area may require such approval.
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27. Prior to submission of the proposed final plat a preliminary geohazard evaluation of
the project site consistent with the requirements of the County Critical Areas
Ordinance shall be prepared by the applicant and submitted to the Planning Division
for review and approval. The report shall recommend site development measures
which minimize disturbance of the erodible soils and alluvium soils portions of the
pro'pct site. The report shall include a map that shows the exact location of said
so' . It may be found, upon review of the preliminary geohazard evaluation, that a
re in-depth study is required to assure the potential for erosion or soil instability
i addressed and mitigated appropriately.
28. he dedication for the final plat shall state, uThe land encompassed within
1, e boundaries of the fnal plat contain geo-hazardous areas. This soil type
s identified as having the potential for severe erosion or instable
haracteristics. Those mitigating measures identified in [name of the author
f the approved preliminary geo-hazard evaluation and date of said report]
hall be met prior to the issuance of any building permit. Land use activity
'rthin the geo-hazardous areas shall be as regulated by the Spokane
- ounty Critical Areas Ordinance, as-amended.n -
29. A.title notics shall be filed by the Division of Planning in the same time frame as an
appeal identifying the land encompassed within the boundaries of the final plat
contain geo-hazardous areas. The title notice shall specify that the mitigating measures identified in [name of the author of the approved preliminary geo-hazard
evaluation and date of said report] shall be met prior to the issuance of any building
permit. Land use activity within the geo-hazardous areas shaU be as regulated by
the Spokane County Critical Areas Ordinance, as amended.
SPOKANE COUNTY DIVISION OF ENGINEERING AND ROADS
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Prior To Issuance Of A Buildinq Permit Or Use Of The Property as proposed: :
1. The conditional approval of the plat is given by the County Engineer subject to
dedication of right-of-way and approval of the road system as indicated in the preliminary plat of record
~ PlaRs, ,
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2. , , "
, thS GUFFel# editiGn Gf
the GUid8liReS f9F StoFmwateF Mai;a9ement and -all rd:;ncl Fds a;;d laws that aFe
applir__.able i-n- this pFGje-_t. it r-nn-d- _aF;d!GF d I w y-
:ApFeYem9_F#s ar-e Fequired. Afp
fina' Fead and dFai;;a9e plans aRd a dFainage r-eport. shall rerve;ye the cn-nfig
FingiFieeF's aGG8ptaRG9 pFiGF tg Felease of-a r0n..n.sti-in-tion n-r building peFFnot OF
appFe-val of the final plat. DFaenage language will -ba- drafted by Spokane Gounty aF;d
ic-14-401 i.0- the SPGI;SGF' .
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2. A Professiona/ Engineer, licensed in the State of Washington, sha11 submit final road
and drainage p/ans, a drainage report and ca/cu/ations that conform to the
Spokane County Standards for Road and Sewer Construction, the current e 710on of
the Spokane County Guidelines for Stormwater Management, and all other
applicable standards. The plans and report shall receive the County Engineer's
acceptance prior to re/ease of a constnuction or building permit or approva/ of the
fina/ p/at. 2. ,
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3. The regulations of the National Flood Insurance Program shall be observed. A
development permit shall be obtained from the County Engineer before construction
or developrnent begins within any area of special flood hazard (reference Spokane
County Ordinance No.88-0521). The following statement shall appear within ihe
dedicatory language of the plat:
" evelopment within this subdivision shall conform to the requirements of the
ta onal Fl ood Insurance Program and Chapter 3.20 of the Spokane County Code.
hasers of the property within this subdivision are warned of possible flooding or
ing and the potential requirement to purchase flood insurance. This warning
tbe carried in each and every deed drawn to transfer ownership of any and all
erty within the plat in the area of special flood hazard."
4. Construction within the proposed public streets and easements shall be performed
under the direct supervision of a licensed engineer/surveyor, who shall fumish the
County Engineer with "as-built" plans and a certificate- in writing that all
improvernents were installed to the lines and grades shown on the approved
construction plans and that all disturbed monuments have been replaced.
5. No construction work is to be performed within the existing or proposed public right-
of-way until a permit has been issued by the County Engineer. All work is subject to
inspection and approval by the County Engineer.
6. All construction within the existing or proposed public right-of-way is to be completed
prior to filing each final plat, or a bond in the amount estimated by the County
. Engineer to cover the cost of construction of improvements, construction certification,
"as-built" plans and monumenting the street centeriines shall be filed with the County
Engineer.
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. , 7. No direct access from lots to stub road connections until such roads are constructed
to County standards and established as county roads.
8. Road design, construction, and drainage control for one-half (1/2) rights-of-way and
stub road connections are the responsibility of the owner, developer or applicant
9. Appropriate provision shall be made that the following-described property be held in
trust until the continuation of the streets be dedicated or deeded: A one (1)-foot strip
at the ends or edges of all streets that terminate or border the subdivision boundary.
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10. Individual driveway access permits are required prior to issuance of a building permit
for driveway approaches to the county road system.
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11. Dedication of 10 feet of additional right-of-way along 4th Avenue is required. P ~
12. Dedication to e ual 35 feet from cent
q erline of additional right-of way along Conklin
Road is required.
13. IDesignaten-m ' "
13. A statement shall be placed in plat dedication that no direct access bs allowed from 5
lots to the South Valley Arterial, 4th Avenue and Rotchford Drive/Conklin. tO
14. A statement shall be placed in the plat dedication providing for future slope
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easements as required by Spokane County along 4th Avenue extension.
15.
ditwzhes, ponds, ,
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teFFAiRUS.
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and the Go-nditiens- cA.A.ppi;oval f49F the plat as well as any appl;rab!S FegUlatiGR6 that
may apply to this pFGj9c_:t. frelm. ethei: governmental aL4hoi:oty. ThA sztn wateF
S.-M.
annatn wt ci
management systemrv and FOads fGF thiS plat shall be, G-116.1 -.6.01 -M.A.- GeFtifi d to be
n-n-astrurOted in _nn_r__n_rd_ann_o9 I.A.14M t.he_ GIGGepted re-ad and drainage plans, n-r 211 t.hce
FeqUiFed ;F:npFG 9FAeRtS FAUSt be hnncfAd f4nr on annnrd2naa i *th Spgkana Cm. -
v - 6v _118 ---Rty-
FegUlatiQA6, pFinr in tha Fer.GFdong of the final plat.
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~ 15. The County Engineer has designated Typical Roadway Section Number Two,
Collector Arterial standard for the improvement of Rotchford Drive, which is to be
constructed within the proposed development. This will require the installation of 40
feet of asphalt. The construction of curbing and sidewalk is also required. Phased
construction of Rotchford Drive would be permitted from 4th Avenue south with
operation and maintenance as a private road until such time as Roads "I" and "K"
are required as part of a final plat. Rotchford Drive while serving as a private road
will still be built to public ro s da d i t- d"1 '"~~rr : ~ • i a • . r . r
, . , r
r•
Note: Current Spokane County Roads Standards prescribe a roadway width for a
collector arteriat which is different than that specified above for Rotchford Drive. The
p developer of the proposal has constructed a majority of Rotchford Drive to the
roadway section specified above. For consistency, the County Engineer is requiring
that the portion of Rochford Drive remaining to be constructed to the existing
P E-17 50-94/P U D E-4-94
Time Extensian
Page 11
Rotchford Drive match the roadway width as specified above. All other design and
construction elements shall comply with current Spokane County Standards.
Note: From one year after the remaining portion of Rotchford Drive is connected to
the existing portion as described above, and open to the traveling public, the
applicant shall submit for review and acceptance by the County Engineer, a traffic
signal warrant analysis for the intersection of Sprague Avenue and Conklin Road.
fA 16. The County Engineer has designated Typical Roadway Section Number Two,
Collector Arterial standard for the improvement of Conklin Road, which is adjacent to
the proposed development. This will require the addition of approximately 44 feet of
asphalt along the frontage of the development beginning at the realigned 4th Avenue
and extending to Sprague Avenue. To minimize the impacts to the existing
manufactured home park which accesses Conklin Road, the roadway cross-section
shall provide for a continuous finraway left tum lane from the realigned 4th Avenue to
Sprague Avenue. Any additional right-of-way requirements to meet this condition
shall be dedicated by the applicant. This right-of-way requirement is onfy applicable
to property under control of the appiicant. -The constructioti of curbing and sidewalk is
also required.
17. The County Engineer has designated Typical Roadway Section Number Two,
. Collector Arterial standard for the improvement of 4th Avenue, which is adjacent to
and within the proposed development. This will require the addition of up to
approximately 40 feet of asphalt along the frontage of the development. The
construction of curbing and sidewalk is also required.
18. The proposed private road as shown on the preliminary pfat serving in excess of 20
Iots with extension to senre 8 or less future lots on property east of Shelley Lake and
future public right-of-way tract is approved by the County Engineer.
19. Private roads shall be designed and constructed as per Spokane County Private
Road Standards.
20. All vested owners shall sign and record private road documents as prescribed by the
Spokane County Engineer. These documents shall be reviewed and approved by the
Spokane County Engineer prior to recording with the Spokane County Auditor.
Recording numbers shall be referenced in the dedicatory language of the plat.
21. The following statement shall be placed in the plat dedication:
"WA ~NING; Spokane County has no responsibility to build, improve, maintain or
othe ise service the private roads contained within or provide service to the
prop rty described in this plat. By accepting this plat or subsequently by allowing a
buil g permit to be issued on property on a private road, Spokane County assumes
no ~ ligation for said private road, and the owners hereby acknowledge that the
Co ty has no obligation of any kind or nature whatsoevec to establish, examine,
su y, construct, alter, repair, improve, maintain or provide drainage or snow
re ` val on a private road. This requirement is and shall run with the land and shall
be, inding upon the owner(s), their heirs, successors or assigns, including the
obl,i ation to participate in the maintenance of the private road as provided herein."
PE-1750-941PUDE-4-94
Time Extension
Page 12
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22. The proposed subdivision shall be improved to the standards set forth in Spokane
County Board of Commissioners Resolution No. 99-9265 1-0298, as amended,
which resolution establishes regulations for roads, approaches, drainage and fees in
new construction.
/dedication e County Engineer has examined this development proposal and has determined
t the impact of this proposal upon the existing county road system warrants the
of additional right-of-way and the roadway improvements herein specified.
24. The following statement shall be placed in the final plat dedication: "The private road
as shown hereon is an easement which provides a means of ingress and egress for .
those lots within the subdivision having frontage thereon and not more than 8 lots
adjacent to Shelley Lake to the east, not within this plat."
25. The County Arterial Road Plan identifies South Valley Arterial as a Principal Arterial.
The existing right-of-way width of 90 feet for South Valley Arterial is not consistent
with that specified in the Plan. In order to implement the Arterial Road Plan, in
addition to the required right-of-way detlication, a strip of property 35 feet in width
along the South Valley Arterial frontage shall be set aside in reserve. This property
may be acquired by Spokane County at the time when arterial improvements are
made to the South Valley Arterial by payment of the fair market value of said future
acquisition area and ignoring the restrictions placed in said future acquisition area by
these conditions.
26. The County Arterial Road Plan identifies 4th Avenue as a Collector Arterial. The
existing right-of-way width of 50 feet is not consistent with that 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 the 4th Avenue frontage shall be
set aside in reserve. This property may be acquired by Spokane County at the time
when arterial improvements are made to 4th Avenue by payment of the fair market
value of said future acquisition area and ignoring the restrictions placed in said future
acquisition area by these conditions.
27. There may exist utilities, either underground or overhead, affecting the subject
property, including property to be dedicated or set aside for future acquisition.
Spokane County assumes no financial obligation for adjustments or relocation
regarding these utilities. Applicant(s) should check with the applicable utility purveyor
and the Spokane County Engineer to determine whether applicant(s) or the utility is
responsible for adjustment or relocation costs and to make arrangements for any
necessary work.
28. The applicant has proposed a 3-foot berm with a fence constructed on the top of the
berm along the pedmeter of the PUD. i•'~ r- I
sh, -OTIzD` ~ ' Mlarlimall,191 ri i compromised because of this construction. Berms an fence a
adjusted to comply with safe sight distance requirements.
~ 29. The applicant shall be responsible for the connection of Rotchford Drive to Rotchford
Drive currently terminating at the north property boundary of Rotchford Acre Ttacts.
PE-1750-94/PUDE-4-94
Time Extension
Page 13
. ` . •
Vertica! and Horizontal sight distance based on design speed of that roadway shall
be complied with. To make the connection, certain construction may be required
within the public right-of-way of Rotchford Drive within Rotchford Acre Tracts. The
applicant shall be responsible for any requirements relating to the off-site
construction of this roadway. The applicant shall implement and comply with any
design recommendations by the County Engineer for restricting speeds on Rotchford
Drive.
~ 30. Construction of Conklin Road per the requirements aforementioned shall be done in
the 1 st phase. This construction is required because of the existing condition of
Conklin Road and the poor levels of service at the intersection of 4th Avenue and
Sullivan Road. In conjunction with the Conklin Road improvements, the realigned 4th
Avenue shall also be constructed. Any underground work for the placement of the
future signal at Conklin Road and Sprague Avenue shall also be done in this 1 st
Phase. . r . 031 'ni-i n. . - , MOM
.
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• , • liza~ti • •
.
J1 32. The Comprehensive Land Use Plan, more specifically the Arterial Road Plan, an
element of the Adopted Comprehensive Land Use Plan, designates the South Valley
Arterial as a Controlled Access Principal Arterial. The present plan does not show an interseetion of this facility with Conklin Road. Based on this approved plan, the
applicant shall be responsible for the construction of 4th Avenue ftom Conklin Road
east to Steen Road to Spokane County Road Standards. The applicant shall
construct or provide adequate surety for this improvement prior to the final phase of
this proposed plat, provided this condition shall be null and void if the Arterial Road
Plan is changed to reflect an at grade crossing of the South Valley Arterial at Conklin
Road. Without this condition of approval Spokane County Engineering would recommend denial of this plat, since a pre-existing plan delineated no at grade
crossing of the South Valley Arterial with Conklin Road and the applicant was aware
of this condition prior to this public hearing. Adequate roadway infra-structure would
not be available for this plat wi#hout this provision since the Level of Service for the
intersection of 4th Avenue and Sullivan Road is inadequate for this plat at build out.
Off-site right-of-way for this improvement shall be secured by Spokane County and
the applicant shall reimburse Spokane County for a proportionate share of ttie cost of
the right-of-way. I
0 33. The 4th Avenue Extension Road intersection with Conklin Road shall be aligned so
as to provide for the potential alignment of 4th Avenue as a four-way intersection.
Spokane County will not vacate the present 4th Avenue right-of-way to allow for this
future connection.
drain-age . and ,
, .
PE-1750-94/PUDE-4-94
Time Extension
Page 14
w,
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~
36:
36. . 14. ,
,
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.
37-:
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design, -
34. If the drainage disposal system includes rnfrltrafion of stormwater as an element in
design, there shall be a sife investigation and study conducted by a qualified ,
Geotechnical Engineer prior to rinal submittal of road and drainage plans. The
geotechnical report shall cover afi sites where drywells or infiltration may be
proposed. The report shall draw conclusions about the ability of any proposed
drywells to function according to the Spokane County Guidelines for Storrnwater .
Management. The site investigation shall a/so verify if the soi/s can infrltrate the
stormwater at the minimum rate of 0. 5 inches per hour for any proposed grassed
percolation areas. If the minimum requirement can not be met, an altemative
stormwater design will need to be submitted that meets the requirements of the
Spokane County Guidelines for Stormwater Management. 35. Erosion Control: A Temporary Erosion and Sedimentation Contro! (TESC) plan shall
be prepared by a WA State licensed Professional Engineer and implemented,
throughout fhe duration of construction. The TESC plan is to be prepared using
best management practices (BMP's) currently accepted within the Civil Engineering
profession. The TESC plan is fo include, at a minimum, a grading plan, location and
details of silt control structures, and street cleaning program. Runoff from 'exposed
areas shall be filtered prior to discharging into a detention pond, swa/e, infiltration
facility, or natural drainageway. The TESC plan is to be included in the road and
drainage plans. The applicant's Engineer is to submit the TESC plan and supporting -
calcu/ations to Spokane County prior to site distunbance. The TESC major structures
(such as silt ponds, silt traps) are to be installed prior to other site work and the
P E-17 5 4-94/P U D E-4-94
Time Extension
. Page 15
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TESC measures are to be implemented and maintained throughout the duration of
construction, including house consfruction.
36. Any part of the drainage system that lies outside of fhe public right•of-way will neither
be maintained nor operated by Spokane County forces. Prior to plan acceptance by
the County Engineer, the Sponsor shall provide a mechanism, acceptable to the
County Engineer, for the perpetual mainfenance of the stormwater drainage system.
This mechanism shall aiso provide for the funding of routine maintenance and the
rep/acement of the various components of the drainage system at the end of the
service life of fhe respective components, and any other improvements that may be
legally required in the future. An Operations and Maintenance Manua/ for the
stormwafer management system shall be prepared by the Sponsol's Engineer, and
included in the project documents submitted to the County Engineer for acceptance,
along with a discussion of the design life of the various components, a calculated
annual cost for repair and maintenance, and a ca/culated replacement cost.
Homeowners Associations are accepted by the Spokane County Engineer for
carrying out the required maintenance functions and responsibilities.
_ .
SPOKANE COUNTY DIVISION OF UTILITIES
1. The dedication shall state: .
"Th owner(s) or successor(s) in interest agree to authorize the County to place their
na e(s) on a petition for the formation of ULID by petition method pursuant to RCW
36 4, which petition includes the owner(s)' property; and further not to object by the
s' ing of a protest petition against the formation of a ULID by resolution method
suant to RCW Chapter 36.94 which includes the owner(s)' property, provided,
condition shall not prohibit the owner(s) or successor(s) from objecting to any
sessment(s) on the property as a result of improvements called for in conjunction
'th the formation of a ULID by either petition or resolution method under RCW
apter 36.94."
~
2. Any water service for this project shall be provided in accordance with the
Coordinated Water System Plan for Spokane County, as amended.
3. Applicant shall make connection to the public sewer system. Sewer connection
permit is required.
4. P1ans and specifications for public facilities are to be reviewed and approved by the
Utilities Department. Spokane County plan submittal requirements apply.
5. Security shall be deposited with the Utilities Division for construction of public
facilities. - '
SPOKANE REGIONAL HEALTH DISTRICT
1. The finat plat shal-l be designed as indicated on the prefiminary plat of record and/or
any attached sheets as noted. .
2. Appropriate utility easements shall be indicated on copies of the preliminary plat of
record for distribution by the Planning Division to the utility companies, Spokane
PE•1750-94/PUDE-4-84
Time Extensian
Page 16
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County Engineer and the Spokane RegEonaf Heal#h District. IlVritten appravaC a# the
easerrtents by the utili#y comparries must be received priar to the submifta10f the
final plat. 3. Sewage disposal method shall be as authon'zed by the Director of Utilities, Spakane
~ounty. .
4. V YaLer se~ice shalI be c~~~~~~~ted Lhroug11 the DirecLor of UtiINtCesf ~~~~~ne Liounty.
5. Wa#er service shall be by ar~ existing public water suppCy when appraved by th-e -
Regi+anal engineer (Spvkane), S#ate Department of Heal#h.
6. Prior to fMing the finai plat, the sponsor shall demonstrate to the satisfaction of the
Spokane Regional Health Qis#rict tha# an adequate and pata~~e water supply is
available tv each tract of the plat. .
7. Priar #o filing the fitral pla#, the spansor shall present evidence that the prat lies within
~ the recorded service -area of the urater sysfeM propvsed #a serve the plat. 8. A pla~ for water facilities adequate for dvmestic use, damestic irrigatian use and fire
pro#ection use shall be approued by the water purveyar. Said wFater plan rnust have
been approved by the fire protectivn +distric# and the apprapriate health authorities.
The health authori#iesT water supplier (purveyor) and the fire pro#ec;tivn distric# will
certify, priar #o the filEng af the final plat, an the face of said water plan that the plan is
in confarrnance with their requirernents and wi11 adequately satisfy their respec:tive
rteeds. Said water plan and certifcation will be drafted on a transparency suitable for
reproduc#ion. - 9. The purveyar will also certifiyr pdot to filing the fnal pIat an acapy of said water plan
that apprapriate contractual arrangernents have been rnade with the pla# sponso~;for
constructivn of the water system, in accordance with the appraved pIan and tirne
schedule. The time schedule w[l] provide, in any case, far completion af the water
system and inspec#ion by the appropriate health authorities prior #o applicatian far
building permits within the plat. The contrac#ual arrangements will include a
provision holding Spokane County, Spokane Regional Health Distn'ct and the
purveyor harmless from c1aEms by any tract purchaser refused abuilding perrni# dua
ta failure flf the plat spansor to satisfactoril}r cample#e the approved water system.
90. Apublic sewer systerra will be made avaiCabEe for the platlprvjec#; and individuai
service will be pravided to each !ot#tract prior to sake. l~se of individua9 an-si#e
sewage dispasal systems sha1l not be authorized.
11. A ent shall be placed in the dedicativn #a the effect that: ~A publia sewer
srn wEll be made available for the [pEattproject], and individual service will be
vided #o each lat!#ract prior tv sale. Use af individuaf on-site sewage disposal
s#ems shall nof be autharized."
12. T dicatory Ianguage on the plat shafi state~ "Use o# pdvate wells and water
, tems fior the supply andlor distribution of potable damestic watq is prahibi#ed."
13. The piat dedica#ion shall cvntain a s#aternent #o the effect that: ' e public water
P E-1750-941PUD E,4-94
' Tirne Ex#ensian
Page 17
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s~es# , pursuar~t to the 1Il~ater PIan apprvved hy r.ounty and state health aut~iorities,
the ~ca! fire protec#ic~r~ distr~ct, County Builc~ing and Code Er~farcemeni artd water
e~or, shall be insfalled ~ri#hin this pla#, and the applicant shafl prov~ide far
i~~du~a! darr~estic water service as well as ~tre protectror~ to each #ra~ct p~icr ta sale
~~ach traot ar~d priar to issuance of a building perrt-wit far each tract."
S, ~ i~4NE COUN'Y'Y DI1f1SION OF BUILDING AIVD CODE ENFORCEN[ENT
1. The applicant sFtaRl oantact the Divisian af Build'[ng and Code Enfarcement at #he
eadiest possible stage in order to be informed of code requirements
adminfsteredle nfurced as authorized by the State BuiIding Code Act.
Designldevelapment concerns incfude: Fire apparatus access taads, fire
hydran#1#low, approved water systems, bualding accessibility, eanstrucfian type,
occupancy► classaficatian, exi#ing, exterior v+rail prvtec#ion, and energy code
regulations.
2. Priar #o the issuance of the ini#ia] building perrnit(s), #he applicant shall submit to the
Divisian of Building and Code Enforcernent dacumenta#ion signed by the water
purveyor and the applicable fre dis#dct stating that the public water system has been
installed, tested and accepted as operatianal pursuant #o the approved water plan.
SPOKANE COUNTY AIR POLLLlTIO1~ ~ONTROL AUTFIORi3'Y
1. All air pollutian regula#ions must be met. This includes but is no# limited to the
follvwing: 2. Air pollution reguiations require that dust emissions dunng demoli#ivrr, construction
and excavatian projects be controlled. This may require use of water sprays, tarps,
spnnklers ar suspansion af activity during certarn weather conditions. Haul roa+ds
should be treated, and emissions frorn the #ransfer o# earthen rna#eriaf mus# be
cvntrvl[ed, as uvell as emissions from all other cons#ructio n-rela#ed ac#ivities.
3. Measures rnust be taken to avoid the depositivn af dirt and mud from unpaved
surfaces onto parred surfaces. If tracking or spil1s occur an paved surfaces,
measures rnust be taken immedEately ta clean these surfaces.
4. SCAPCA strongly recarr°irnends that all traveled surfaces (ingress, egress, parking .
areas, access roads) be parred and kep# clean #a m`rnimiae dust emissions. .
5. Solid fuel hea#ing clevic.e(s) shali mee# provisions o# SCAPCA Regulation I, Ar#icle
111 l1,
6. Debr~s generated as a result of #his project must be disposed by a means other #han
burning. . .
SPOKANE FIRE DISTRICT NO, 1
I . The Fire District will require that access tv the sOuthem pvrtion af the plat be
avaiiable off of Rotchford Drive and 14th Avenue,
2. A water plan shawing hydrant loca#ions wiEl be required.
PE-i 760-94lPUDE-4-94
, Time Eattenslon
Page 18
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D ED THIS 6th DAY OF FEBRUARY, 2002.
~ .
Falk, AICP •
Associate Planner :
Under state law and county ordinance, you have the right to appeal this decision to the
Spokane County Hearing Examiner. Upon receipt of an appeal, a public hearing will be
scheduled. To file such -an appeal, you must submit a letter along with the appropriate
processing fee payable to the Spokane County Division of Planning, within fourteen (14)
calendar days from the date this decision is signed per Section 12.100.126 of the
Spokane County Subdivision Ordinance Section 12.100.126. The deadline for filing an
appeal is February 20, 2001. If you have any questions, please call the Division of
Planning at 477-7200.
jf
W-4 .
c: County Division of Engineering, John Hohman
County Division of Engineering and Roads, Scott Engelhard
County Division of Util'rties, Jim Red
County Division of Utilities, Brenda Simms
Spokane Regional Hea(th District, Steve Hoderby County Division Building and Code Enforcement, Jeff Forry
Fire District No. 1
Vera Irrigation District No. 15
Buster Heitman, N. 8225 Division St., Spokane, WA. 99208
PE-1750-94/PUDE-494
Time Extension
Page 19
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r- "'i ~ 1, .
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~-~.1. o,~ EC ~ 2004
S ok~a.ne
Valle - ~-y
11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206
509.688-0053 ♦ Fax: 509.921.1008 ♦ cityhall@spokanevalley.org
~1~.:cac:~;.•Tr.-'.`_.r'i~s.*_s.a.~: ~s.u,+.i"l~°'~•~.__.. . ,-.ti ~yr._,. ~_`.Ti~.sx:c1P,~.~st=s.'.%3£'r~s..~ .~urex~iw.:~="'~:~S.~t
December 9, 2004
Mr. Robert L. Heitman, Jr.
8225 North Division,
Spokane, WA 99204
Re: Application for Extension of Time - Shelley Lake PUD
Dear Mr. Heitman:
Your application for a sixth extension of the preliminary plat approval (PE-1750-94) is
denied for failure to meet the conditions established as part of the approval of the fifth extension, to wit:
• Public improvements required as a condition of approval for Shelley Lake PUD,
Shelley Lake 2"d Addition, and Shelley Lake 4"' Addition.
You are advised that development within a Planned Unit Development is required to
meet the present design and construction standards of the City of Spokane Valley. Any
increase in density, or the number of lots, will require approval of a change in condition
appliGable to both the PUD and any application for subdivision.
This decision may be appealed pursuant to Section 12.1000.126 of the City of Spokane
Valley Interim subdivision regulations. The appeal deadline is 5:00 p.m. December 30, •
2004.
If you have questions or comments, please feel free to call me at (509) 688-0030.
Sincerely,
Lca.*
02~
~ (!-e..
Marina Sukup, AICP
Community Development Director
C: John Saywers, P.E., Saywers Engineering Consultants
.o,h 11. ohRIPan, 01101 G,i~t~y of Spokane V~IIe'
Jim Red, Spokane County Utilities
Ron Edgar, Spokane County Air Pollution Control Authority
Spokane County Fire District No. 1
Don Copley, Spokane County Regional Health District
Vera Iriigation District No. 15
Dave Jackman, Central Valley School District
11/11/02 MOri 10 : 54 FAX 509 892e-1125 SPORANE VALLEY FIRE DF'"" PLANNING [a 001
11/07/02 13 = 59 FA% CLC Associates . Inc. Q002
Fixe District Approval
~
A
lwidf cma
Date: November 7, 2402
To: SPOKANIE COUNTY Development Engineering Se,rvices Phone No. 477-3600
A Diivision of Engi.neering and Roads Fax No. 477-7655
]From: SPOKANE COUNTY
Fire District No. 1
10319 E Sprague Avenue Phone No. 928-2462
Spvkane, WA. 99206 Fag No. 892-4125
Spokane County ~
Project 1~To: P1750D
Project Name: Addition
Subject: Fire District Approval
I have reviewed the major road elements on the above noted project with respect to geometry
(such as travel widfhs aad turning radii), gra,des, tumaTouun„ds end overall emergency vehicle
access, and find them to be acceptable.
Sincerely, N e Date Iitle
~ SpoKANE COUNTY DIVISION OA'`~ ]BUILDING-
' . . ~
,
s ANQ CODE. ENFORCEMENT'.
• - , ` • • , . • • • ,-,T ` - '
, lOZG WEST BROADWAY AVENUE • Sp.ox~~vE; WA 99260-0050
` . . ~xxc~►r~Can~rr . . . - . . , . . - ' ' . - - . ~
Site Information Project Information
1 .
Site Address: 715 S SHELLEY LAKE LN Project Number: 02007417 Inv: 1 Issue Date:
GREENACRES, WA 99016 Permit Use: PE-1750-94/PUDE-34-94 FINAL PLAT
Parcel Number: 45241.9027 p
Subdivision: SHELLEY LAKE 2ND ADD PUD Applicant: SHELLEY LAKE DEVELOPMENT f
Block: . Lot: 8225 N DIVISION
Zoning: UR-3 Urban Residec►tia13.5 SPOKANE WA 99208 Phone: (509) 467-2123
Contaet: SHELLEY LAKE DEVELOPMENT
Owner: NOR-WEST DEVELOPMENT INC.
8225 N DIVISION
Address: 3223 N MARKET ST SPOKEINE WA 99208 Phone: (509) 467-2123
SPOKANE, WA. 99207
Setbacks - Front: Left: Right: Rear:
Building Inspector: DAN HOWARD
Water Dist: VERA
Group Name:
Project Name:
Permits , Long, pjat Contractor: License
ENOINEER FINAL MAP & PLA $100.00 FINAL " 39 $1,241.00
PUD:FINAL PLN REV/NO HRG $766.00 ,
- Totul Pernut Fee: $2,107.00
Payment Summary
Tot:►1 Fees AmountPaid AmountOwing Tran Date Recei t~# Pavment Amt
$2,107.00 $2,107.00 $0.00 8/28/02 6662 $2,107.00
Pmcessed By: Buck, Marti PAYIVENT
Printed By: WENDEL, GLORIA Page 1 of 1
- ` ~
S'pokane County
Public Works Department
Division of Building & Code Enforcement
Receipt ~
Receipt Number: 6662 Customer Number
Projects
Full
ProjectNbr Inv Nbr - =FeeA»tt Inv,A»tt Owin~ PAID Pmt
02007417 1 $2,107.00 ..$2,10~,:00.!., ~ °=$2;407:00 ' $2,107.00 WJ
Total: ,$2,107:00 1$2;107: Q0- = -12,107.00: - $2,107.00
Miscellaneous Items
Total PAID: $2,107.00
Tender
~
~e-~ Cl:eck1: ' Aect,, Balance 'GC Nbr -=-=°=Exn Date TENDERED
1,241.00
~Payer: ~ ,SHEL'LY~ LAKE~
~ DEVELOPMENT ' = - ~ -
Check2=- 766.00
, .
,Payer:~; :SHELL-`-YAAKE;-.,r~
~
~DEVELO;~MENT;:,y~~
,
100.00
}Pa~ier-: r SHELLY'LAkE;=~
~
~DEV~LOPMENT
_ ._~_C~_..,.
Total TENDERED: 2,107.00
Over / (Short) $0.00 .
Change $0.00
Notes:
Tran Date / Time: 8/28/02 3:03:39 P M
-By: GWendel
Logon User: gwendel
Station: GWENDEL •
Overritle By:
Printed: 8128102 3:03:40 PM Page 1 ojl
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♦
t
' <f 1 C
S ITY 6KanqF.;
..;oOValley 11707 E. Sprague Ave. . Suite 106 • Spokane Valley,WA 99206
(509) 921-1000 • Fax (509) 921-1008 • cityhall@spokanevalley.org
. . . . . . _ .
January 7, 2004
Mr. Robert L. Heitman, Jr.
8225 North Division Street
Spokane, Washi.ngton 99204
RE: Notice of Decision for Extension of Time for Preliminary Plat Approval for
Shelley Lake Preliminary Plat with Planned Unit Development (PUD)
Overlay Zone (PE-1750-94)
Dear Mr. Heitman:
The Current Planning Division received your Extension of Time Application including
payment of the required application fee on December 12, 2003 for a proposed one yeaz
time extension for Shelley Lake Preli.minary Plat with Planned Unit Development (PUD~
Overlay Zone (City of Spokane Valley Reference No. PE-1750-94) located south of 4
Avenue, east of and adjacent to Conklin Road., approximately 700 feet south of Sprague
Avenue, and approximately a quarter of a mile east of Sullivan Road i.n the Northeast
qua.rter of Section 24, Township 25 North, Range 44 East Willamette Meridian, Spokane
County, Washington, tax parcel number 45241.9148 and 45241.9152. Preliminary plat
approval for PE 1750-94 (Shelley Lake Prelimi.nary Plat with PUD Overlay Zone) was
originaliy granted on January 24, 1995. This current request represents the fifth
extension request by you for the previously approved preliminary plat. In your current
extens2on request application, you specify that the basis for your request is due to the fact
the fifth phase (Shelley Lake Faurth Addition) was recorded on September, 18, 2003 and
additional time is needed to proceed with final platting for the sixth phase (Shelley Lake
Fifth Add.ition) consisting of fifly-two. (52)-lots.
The City of Spokane Va11ey has compieted a substantive review of your proposal
pursuant to the applicable regulations of Chapter 12.100.118 (Extensions of Time) of the
City of Spokane Valley Interim Subdivision Ordinance, and has also routed the request to
appropriate internal and external review bodies. Pursuant to the subnutted information, it
is determined that the applicant meets the criteria for allowance of an extension of time
according to 12.100.118(2)(b). You are hereby notified that your request for an extension
of tune is APPROVED subject to the following conditions of approval:
/
Letter do Robert L. Heitm~ r. RE: Fxtension of Time for PE-1750-94 t :
(Shelley Lake Preliminary Plat with Planned Unit Developrreent (PUD) Overlay Zono _
January 7, 2004
Page2of3
1. This letter graats a maximum one (1) year time extension from the date of this letter.
The preliminary plat approval for PE-1750-94 (Shelley Lake Preliminary Plat with
PUD Overlay Zone) sha11 therefore expire on January 7, 2005. 2. For add.it.ional extensions of time an application form and supporting data for time
extension must be submitted at least thirty (30) calendar days prior to the expiration
of the preliminary plat approval extension request.
Please be advised that all conditions of approval from the original preliminary plat
approval and all previously authorized time extensions are still applicable, except where
noted below.
1) Prior to fmal plat of the Fifth Addition of Shelley Lake Preliminary Plat with PUD
Overlay Zone or the expiration of this time extension on January 7, 2005, the
developer will complete, certify, and receive acceptance from the City of Spokane
Va11ey Public Works for the construction improvements of all previous phases of this
project. The specific phases include:
a. PE-1750 Shelley Lake with a surety amount of $70,195;
b. PE-1750B Shelley Lake Second Addition with a surety amount of $24,980;
c. PE-1750C Shelley Lake Third Addition with a surety amount of $95,200;
d. P-1750D Shelley Lake Forth Addition with a surety amount of $71,500.
2) If the developer fails to complete these phases prior to January 7, 2005, the City of
Spokane Va11ey will collect the sweties and complete the required improvements. No
further time extensions for this project will be granted until condition I stated above
has been fully satisfied.
Pursuant to Section 12.100.126 (Appeals) of the City's adopted "Subdivision Ordinance,
a written appeal of this Notice of Decision shall be filed with the City of Spokane Valley
Community Development Departxnent within fourteen (14) calendar days after the date
the notice of the decision is mailed. The appeal deadline is at 5:00 pm on January 21,
2004.
Pursuant to Section 7 of Ordinance No. 57, the Hearings Examiner shall conduct a public
hearing on appeals of administrative decisions made by the Current Planning Division.
Pursuant to Section 11 of Ordinance 03-081, the Hearings Examiner's decision on the
appeal shall be final and conclusive and sha11 have the effect of a final decision of the
City Council.
s
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~ . ~ Letter to Robert L. Heitman, Jr. RE: Exterrsion of Time for PE-1750-94
(Shelley Lvke Preliminary Plai with Ptanned Unit Development (PUD) Overlay Zone~
January 7, 2004
Page 3 of 3
Please contact me at (509) 688-0172 or kkendall(~a,spokanevallev.or2 if you have any
questions or need additional information.
Sinc rely, ,
.
N E. KENDALL
Assistant Planner
CC: CLC Associates, Thomas Vandervert
City of Spokane Va11ey Engineering Department
■ Sandra Raskell, P.E., Assistant Engineer
■ Don Ramsey, Traffic Engineer
City of Spokane Va11ey Building Department - Tom Scholtens
Spokane County Division of Utilities - Information Services; Jim Red
Spokane County Air Pollution Control Authority - Ron Edgar
Spokane County Transit Authority - Gordon Howell
Spokane County Fire District No. 1
Spokane Regional Health District - Steve Holderby
Vera Water District #15 - Mark Crrover
Central Va11ey School District - Dave Jackman
Encl: 4th Extension of Time for Preliminary Approval letter dated December 30, 2002
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BEFORE THE SPOKANE COUNTY DIVISION OF PLANNING
IN TEIE MATTER OF AN EXTENSION OF )
TIlVIE REQUEST FOR PE-1750-94/ )
PUDE-494 / ZE-34-94, SHELLEY LAKE, ) FINDINGS OF FACT,
AN APPROVED PRELIMIIVA.RY PLAT, ) CONCLUSIONS AND
ZONE RECLASSIFICATION FROM SR-1 ) DECISION
& UR-3.5 TO UR-12 AND A PLANNED LTNIT )
DEVELOPMENT OVERLAY ZONE )
THIS MATTER, a request for an extension of time from Shelley Lake Development c% Robert Heitman,
Jr. has been received and decided upon, pursuant to the Spokane County Subdivision Ordinance (Section
12.100.118) and RCW 58.17.140.
FINDINGS OF FACT
1. The individual signing below has been properly delegaied the responsibility for rendering this
decision by the Spokane County Director of Planning.
2. The subject preliminary subdivision was approved January 24, 1995 by the Board of County
Commissioners on appeal from the Heari.ng Examiner Committee approval of August 26, 1994.
The original proposal was a preliminary subdivision to divide 123.8 acres into 243 single famity
dwellings and 200 multiple family dwellings with a Planned Unit Development (PUD) Overlay
zone. The proposal also includes a request to reclassify a 14acre portion of the project site from
Suburban Residential-1 (SR-1) and Urban Residential-3.5 (UR-3.5) to Urban Residential-12 (CTR-
12).
3. The proposal is generally located south of 4`b Avenue, east of and adjacent to Conklin Road,
approximately 700 feet south of Sprague Avenue, and approximately 1/4 mile east of Sullivan
Road, in Section 24, Township 25 North, Range 44 E.W.M. Spokane County, Washington, and
identified as Assessor's tax pazcel numbers 45241.9148 and 45241.9152.
4. The current zoning for the site is Urban Residential-3.5 (UR-3.5) and Suburban Residential-1
(SR-1). The requested zoning reclassification will be implemented dwing finalization of the
remaining phase(s) of the preliminary plat.
5. Spokane County has established specific criteria for considering the extension of time for the
expiration of preliminary subdivisions. These criteria are found in Section 12.100.118
(Extensions of Time) of the Spokane County Subdivision Ordinance and have been used as a basis for this decision.
Section 12.100.118 states that the Director may administratively approve an extension provided
there are no significant changed conditions which would render filing of the plat contrary to the
public health, safety or general welfare, and further provided one or more of the following
circumstances is found to apply. T'he criteria and Planning Division's response thereto are as
follows:
1) That some portion of the ezisting preliminary plat has been finalized since the last extension
was granted and the remaining lots would form a unified development consistent with the
original approval;
RESPONSE: The first phase of Shelley Lake Addidon, was recorded on January 30, 1997 consisting of
82 units. The applicant has also finalized Shelley Lake 1" Addition (Phase 2) and Shelly Lake 2nd
Addition (Phase 3) including a total of 44 lots. Since the last time extension was granted in February of
2002 the applicant has finalized Shelley Lake 3`d Addition (Pbase IV) with 32 lots and Shelley Lake 4'b
Addition is presently pending final plat appmval. Of the original 443 units approved in the preliminary
subdivision, 158 lots have been finalized and 85 single family lots and 200 multtfamily units remain to
be finalized.
2) That the preliminary subdivision remains generally consistent with the original plat or binding
site plan that was approved, and the sponsor hvs taken substantial steps towards fznalizing the
plat or binding site plan, which shcrll include one, bu1 is not limited to, the following:
a. surveying the lots withrn the development;
b. arrangirrg for public services to the site;
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0' Extension of Time Deasion File No. PE-1750-94 Page 2
c. obtaining necessary f:nancing for all or a portion of the preliminary subdivision, short
subdivision, or binding site plan;
d the completion of studies or other requirements which were part of preliminary subdivision,
short subdivision, or binding site plan approval. *
RESPONSE: Sewer plans have been approved for Shelley Lake 4'h Addition and. road and drainage
systems are currently under construction. The water distribution plan is also approved and under
construction.
3) That at the time the preliminary plat approval was granted, development of the proposal was
conditioned upon the extension of public services which are not yet available. This provision
shall not apply to public utiliry extension which the project sponsor would normally fund.
RESPONSE: Not applicable.
4) That administrative delays have caused the inability of the applicant to finalize the plat within
the frve (S) year time period. .
REPSONSE: Not applicable. •
6. The Comprehensive Plan under which preliminary plat approval was granted designates the area
of the preliminary plat as Urban (U) and Suburban Plus (S+). The Comprehensive Plan
designations changed on January 15, 2002 when the Board of Commissioner implemented a new
Comprehensive Plan pursuant to County Resolution 2-0037. The subject application was -
approved prior to the effective date of the new Comprehensive Plan. The preliminary plat
remains consistent with the previous Comprehensive Plan. The current Comprehensive Plan
designates the subject area as High Density Residential (HDR) and Low Density Residential
(LDR). Even though consistency is not required, the preliminary plat is consistent with the new
designations.
7. The extension of time request has been circulated to all affected agencies and departments for
comment. Additional conditions or revisions have been recommended by the Spokane County
Division of Engineering and Roads and the Division of Planning.
8. The subject property is located inside the Urban Growth Area (UGA) adopted by the Board of
County Commissioners (BOCC) Resolution #97-0321. The project site is located in the Aquifer
Sensitive Area (ASA) and the Priority Sewer Service Area (PSSA).
9. This is the fourth request for a time extension. The total life of the preliminary plat has been
approximately nine (9) years.
10. On August 1, 1996, the Spokane County Division of Planning began implementing the Critical
Areas Ordinance for the Protection of Wetlands, Fish and Wildlife Habitats and Geo-Hazardous
Areas. Review of the Spokane County Geological Hazards and Constraints Map indicates the
subject site contains a limited area of erodible soils and alluvium soils. Geo-hazardous areas are
defined as areas that are susceptible to erosion, sliding, earihquake, or other geological events that
aze not suited to siting commercial, residential, or industrial development consistent with public
health and safety concerns. Alluvium soil is potentially unstable when developed.
CONCLUSIONS
BASED UPON A REVIEW of the above Findings of Fact, the following conclusions are made.
1. The preliminary plat remains consistent with the Comprehensive Plan.
2. Subsequent one-year extension(s) of time will only be considered vpon a finding of substantial
compliance with Section 12.100.118, of the Spokane County Subdivision Ordinance.
3. There are no significant changed conditions which would render filing of the plat contrary to the
public health, safety or general welfare. This conclusion assumes that the below conditions of
approval aze met.
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4"Extension of Time Decision File No. PE-1750-94 Page 3
DECISION
BASED UPON THE ABOVE Findings of Fact and Conclusions, an extension of time request for
application PE-1750-94/ZE-34-94/PUDE-4-94 Shelley Lake is hereby APPROVED until 7anuary 24,
2004. Note that strike through wording below represents deletions from the conditions of approval and
italicized wording represents additions to the conditions of approval.
CONDITIONS OF APPROVAL
1. All Conditions imposed by the Board of County Commissioners shall be binding on the "Applicant,
" which term shall include the owner or owners of the property, heirs, assigns, and successors-in-
interest.
2. The conditions of approval apply to the preliminary subdivision of record.
3. The zone reclassification from Urban Residential-3.5 (LTR-3.5) to Urban Residential-12 (UR-12)
applies to Lot 1, Block 11 of the preliminary subdivision of record. The planned unit development
overlay zone applies to the entire prel'uninary subdivision of record.
SPOKANE COIJNTY DIVISION OF PLANNrIlNG
i . The proposal sha11 comply with the Urban Residential-3.5 (LTR-3.5), Urban Residential-12 ([JR-12),
Suburban Residential-1 (SR-1) and Planned Unit Development zone(s) as amended.
2. The preliminary plat is given conditional approval for one (1) year, specifically to Jamcary 24, 2004.
The applicant may request an extension of time by submitting a written request at least thirty (30)
days prior to the above ezpiralion date, or December 24, 2003, as directed by the County Hearing
Ezaminer. Submission of a time extension request following said date will not be accepted and will
render the preliminary plat null and void following the project's finalization expiration date.
3. Bonus density is approved to allow up to 200 multiple family units in the Urban Residential-12 (UR
12) zone and 38 total units in the Suburban Residential-1 (SR-1) zone.
4. Since multiple zones affect the planned unit development, minor adjustments in official zoning
boundaries may be approved by the Planning Director or designee to recognize lot lines and road
• right-of-way at the time of finalization.
, 5. The final plat shall be designed substantially in conformance with the preliminary plat of record.
No increase of density or number of lots shall occur without a change of condition application
submittal and approval.
6. The Planning Director/designee shall review any proposed final plat to ensure compliance with these
Conditions of Approval.
7. A fmal plat name sball be indicated before the final plat is filed, such name to be approved by the
Planning Director/designee.
8. Appropriate road name(s) and addresses shall be indicated.
,a. 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.
10. Four (4) current certificates of title shall be fumished to the Planning Division prior to filing the final
plat.
1. The final plat shall indicate yard setback arc lengths on curved street frontage lots and cul-de-sac lots
which meet or exceed the minimum frontage of the underlying zone of the final plat.
12. A survey is required prior to the filing of a final plat.
13. Prior to approval of road and drainage plans, the applicant is required to coordinate with the United
States Postal Service to determine type and 'location of central mail delivery facilities which may
include applicable easements for developments of three or more homes.
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- 4t~' Extension of Time Decision File No. PE-1750-94 Page 4'
14. A specific landscape plan for open space areas, planting schedule and provisions for maintenance
acceptable to the Planning Director/designee shall be submitted along with a suitable guarantee for
•,-the installation of the landscaping. Landscaping shall be installed and maintaiaed so that sight
distance at access points is not obscured or impaired. Landscaping shall conform to the requirement
of the Spokane County Zoning Code and as described in the staff report and shall include a wildlife
habitat enhancement plan as described on pages 44 and 45 of the Shelley Lake Draft EIS.
Identification signs, 6 feet in height, located at entrance points to the development are approved
subject to conformance with clear view triangle regulations.
15. The PUD plan shall indicate all exterior bouudary setbacks, as well as setbacks from roadways and
individual lot lines.
16. 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, sha11 be submitted for review and approval to the Planning Division prior to
finalizing. 17. The private roads and/or common areas shown on this plat shall be dedicated to a named
homeowners association created by document filed with the Washington Secretary of State. The
applicant shall furnish a confirmed copy of the articles of incorporation filed with the Secretary of
State, prior to fmal plat approval.
,18. The private roads and common areas cannot be sold or transferred, regardless of any provision in
the covenants to the contrary, and shall be considered subservient estates for real estate tax purposes
to the other lots created berein.
19. Project phasing shall be approved by the Planning Director/designee.
20. The fmal plat map shall indicate by a clear, dashed line the required yard setbacks from all private
or public roads. The dedication shall contain the following statement: "Side yard and rear yard
setbacks sha11 be determined at the time building permits are requested unless these setbacks are
specifically drafted on this final plat. The setbacks indicated on this plat may be varied from if
proper zoning approvals are obtained." The following special building setbacks are approved within
the planned unit development:
Front Yazd 15 feet
Garage 20 feet
Flanking Street 15 feet
Side Yard 5 feet
Reaz Yazd 15 feet
Note: All exterior setbacks shall be according to the minimum provided by the underlying zone.
Twenty five foot front and flanking street setbacks will be required from Rotchford Drive. and thA
21. The Spokane County Planning Division shall prepare and record with the County Auditor a Tit1e
~ Notice specifying a future land acquisition area' for road right-of-way and utilities. The reserved
future acquisifion area Title Notice shall be released, in full or in part, by the Planning Division. The
notice should be recorded within the same time frame as an appeal and shall provide the following:
a. At least 5 feet of reserved future acquisition area for road right-of-way and utilities, in addition to
the existing and/or newly dedicated right-of-way along 4~' Avenue. NOTE: The County Engineer
has required 10 feet of new dedication.
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 azea, they shall be relocated at the applicant's expense when
roadway impmvements 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. •
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40 Extension of Time Decision File No. PE-1750-94 Page 5
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.
f. Acquisition by Spokane County of any futwe acquisition area shall be at fair market value
ignoring the restrictions on said acquisition area imposed by these conditions.
22. The Spokane County Planning Division 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 shall be released, in full or in part, by the Planning Division. The
notice should be recorded within the same time frame as an appeal and shall provide the following:
a. At least 35 feet of reserved future acquisition area for road right-of-way and utilities, in addition
to the existing and/or newly dedicated right-of-way along South Valley Arterial. NOTE: The
County Engineer has required 0 feet of new dedication.
b. Future building and other setbacks requued by the Spokane County Zoning Code shall be
measured from the reserved future acquisition area.
c. No required landscaping, pazking, ground percolation 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 futwe acquisition area, until acquired, shall be private property and may be used as allowed
in the zone, excepi that any improvements (such as landscaping, parking, surface drainage,
drainfield, signs or others) shall be considered interi.m, uses.
e. The property owner shall be responsible for relocating such "interim" improvements at the time
Spokane County mal:es roadway improvements after acquiring said futuTe acquisition area.
f. Acquisition by Spokane County of any futiire acquisition area shall be at fair market
value ignoring the restrictions on said acquisition area imposed by these conditions.
/,23. Upon filing the fmal plat, or a portion thereof, the zone reclassification of the fmal plat area shall be formalized, and the existing zone classification shall be changed to Urban Residential-12 (LJR-
12), consistent with the proposed zoning approved with the preliminary plat of record.
24. The proposa] falls under the jurisdictioo of the Washington State Shorelines Management Act, and
the applicant is advised that one or more shoreline permits may be necessary.
25. The fmal plat shall delineate the Ordinary High Water Mazk (OHWIv) and the 200 feet of Shoreline
Act jurisdiction boundary. The dedication on'the final plat shall state:
"At the time of approval of the final plat, this properiy fell under the jurisdiction of the Washington
State Shoretine Management Act, RCW 90.58, and the Spokane County Shoreline Program, W AC
173-19-400. Any development of this properiy shall *only proceed in strict compliance with the
Shoreline Act rules and regulations in effect at the time of permit issuance."
, 26. Please be advised that any use, diversion, obstruction or change in the natural flow of any waters of
the State requires approval by the Washington State Department of Fish and Wildlife. Construction
of the proposed wooden bridge over Saltese Creek, dock and beach area may require such approval.
. 27. Prior to submission of the proposed final plat a preliminary geohazard evaluation of the project site
consistent with the requirements of the County Critical Areas Ordinance shall be prepared by the
applicant and submitted to the Planning Division for review and approval. The report shall
recommend site develcpment measures which minimize disturbance of the erodible soils and
alluvium soils portions of the project site. 11ie report shall include a map that shows the exact
location of said soils. It may be found, upon review of the preliminary geohazard evaluation, that a
more in-depth study is required to assure the poteniial for erosion or soil instability is addressed and
mitigated appropriately.
28. The dedication for the final plat shall state, "The• land encompassed within the boundazies of the
fmal plat contain geo-hazardous areas. This soil type is identified as having the potential for severe
erosion or instable characteristics. Those mitigating measwes identified in [name of the author of
the approved preliminary geo-bazard evaluation and date of said report] shall be met prior to tbe
.
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• 4'" Extension of Time Decision File No. PE-1750-94 Page 6
issuance of any building permit. Land use activity within the geo-hazardous areas shall be as
regulated by the Spokane County Critical Areas Ordinance, as amended."
29. A title notice shall be filed by the Division of Planning in the same time frame as an appeal
identifying the land encompassed within the houndaries of the fmal plat contain geo-hazardous
areas. The title notice shali specify that the mitigating 'rrieasures identified in [name of the author of
the approved preliminary geo-hazard evaluation and date of said report] shall be met prior to the
issuance of any building permit. Land use activity within the geo-hazardous areas sball be as
regulated by the Spokane County Critical Areas Ordinance, as amended.
SPOKANE COUNTY DIVISION OF ENGINEERING AND ROADS
Prior To Issuance Of A Buildine Perm it Or Use Of The Pronertv as proposed:
1. The conditional approval of the plat is given by the County Engineer subject to dedication of right-
of-way and approval of the road system as indicated in the preliminary plat of record
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Geunty 2. A Professional Engineer, licensed in the State of Washington, shall submit final road and drainage
plans, a drainage report and calculations that conform to the 2001 Spokcme County Standards for
Road and Sewer Construction, the current edition of the Spokane County Guidelines for Stormwater
Management, and all other applicable standards. The plans and report shall receive the Cozmty
Engineer's acceptance prior to release of a construction or building permit or approval of the fnal
plat. ,
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3. T'he regulations of the National Flood Insurance Program shall be observed. A development permit
shall be obtained from the County Engineer before construction or development begins within any
area of special flood hazard (reference Spokane County Ordinance No.88-0521). The following
statement shall appear within the dedicatory language of the plat:
"Development within this subdivision sball conform to the requirements of the National Flood
Insurance Program and Chapter 3.20 of the Spokane County Code. Purchasers of the property within
this subdivision are warned of possible flooding or ponding and the potential requirement to
purchase flood insurance. This warning shall be carried in each and every deed drawn to transfer
ownership of any and all properiy within the plat in the area of special flood hazard."
4. Construction within the proposed public streets and easements shall be performed under the direct
supervision of a licensed engineer/surveyor, who shall furnish the County Engineer with "asbuilt"
plans and a certificate in writing that all improvements were installed to the lines and grades shown
on the approved construction plans and that all disturbed monuments have been replaced.
4'" Extension of Time Decision -File No. PE-1750-94 Page 7 ,
5. No construction work is to be performed within tbe existing or proposed public right-of-way until a
permit has been issued by the County Engineer. Ail work is subject to inspection and approval by the
County Engineer. 6. All construction within the existing or proposed public right-of-way is to be completed prior to filing
each fmal plat, or a bond in the arnount estimated by the County Engineer to cover the cost of
construction of improvements, construction certification, "asbuilt" plans and monumenting the street
centerlines shall be filed with tlie County Engineer.
7. No direct access from lots to stub road connections until such roads are constructed to County
standards and established as county roads.
8. Road design, construction, and drainage control for one-half (1/2) rights-of-way and stub road
connections are the responsibility of the owner, developer or applicant
9. Appropriate provision shall be made that the following-described property be held in trust until the
continuation of the streets be dedicated or deeded: A one (1}foot strip at the ends or edges of all
streets that terminate or border the subdivision boundary. Temporary cul-do-sacs are requued when
streets terminate at the subdivision boundaries.
10. Individual driveway access permits aze required prior to issuance of a building permit for driveway
approaches to the couniy road system.
11. Dedication of 10 feet of additional right-of-way along 4th Avenue is required
12. Dedication to equal 35 feet from centerline of additional right-of-way along Conklin Road is
required.
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gflgifiOBF.
13. A statement shall be placed in plat dedication that no direct access be allowed from lots to the South
Valley Arterial, 4th Avenue and Rotchford Drive/Conklin.
14. A statement shall be placed in the plat dedication providing for future slope easements as required
by Spokane County along 4th Avenue extension.
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. ntenmana in tha fiiswa. Rawmant; feF dmiaage'ditnhes shall he a miskaum pf-20 ft. in width,
All maintenanGe, ar.Gess Feads shall b MRS- Of Sih i-;;GhOS Of gfa;'Ol, eF 9thOf t)?6 99 &11
we thpg drivable, Rwfana nnna intenance anness rend qha4l--W
ptable to the County EagiGeer-. Tho Faa4fi-e-t-we
de-siped to 2_QrC1MMQd;1 A thA fi=ni g MGA'emenk nf a Rilc As dAned by AA914T.GL--4f-4he
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15. The County Engineer has designated Typical Roadway Section Number Two, Collector Arterial
standard for the improvement of Rotchford Drive, which is to be constructed within the proposed
development. This will require the instalIation of 40 feet of asphalt. The construction of cwbing and
sidewalk is also required. Phased construction of Rotchford Drive would be perrnitted from 4th
Avenue south with operation and maintenance as a private road until such tirne as Roads "J" and "K"
are required as part of a final p1at. Rotchford Drive while serving as a private road will stiti be built
to public road standards. At such time as private roads "I" an@ "K," as delineated on the preliminary
plat of record, aze constructed to serve lots in that particular phase of the ptat, the connection to
existing Rotchford Drive will be required to be constructed as a public road with estabiishment of a
public road from 4th Avenue souta to the existing Rotchford Drive.
Note: Current Spokane County Roads Standards prescribe a roadway width for a collector arterial
which is different than that specified above for Rotchford Drive. The developer of the proposal has
constructed a majority of Rotchford Drive to •the roadway section specified above. For consistency,
the Couoty Engineer is requiring that the portion of Rochford Drive remaining to be construcied to
the existing Rotchford Drive match the roadway width as specified above. All other design and
construction elements shall comply with current Spokatie County Standards.
Note: From one yeaz after the remaining portion of Rotchford Drive is connected to the existing
portion as described above, and open to the traveling public, the applicant shall submit for review
and acceptance by the County Engineer, a traffic signal warrant analysis for the intersection of
Sprague Avenue and Conklin Road.
16. The County Engineer has designated Typical Roadway Section Number Twa, Collector Arterial
standard for the improvement of Conklin Road, which is adjacent to the proposed development. This
will require the addition of approximately 44 feet of asphalt along the frontageof the development
beginning at the realigned 4th Avenue and extending to Sprague Avenue. To minimize the impacts
to the existing manufactured home park which accesses Conl;lin Road, the roadway crosssection
shall provide for a continuous twa-way left turn lane from the realigned 4th Avenue to Sprague
Avenue. Any additional right-of-way requirements to meet this condition shall be dedicated by the
applicant. This right-of-way requirement is only applicable to property under control of the
applicant. The construction of cwbing and sidevvalk is aiso required.
17. The County Engineer has designated Typical Roadway Section Number Two, Collector Arterial
standard for the improvement of 4th Avenue, which is adjaeent to and within the proposed
development. This wilI require the addition of up to approximately 40 feet of asphalt along the
frontage of the development. The construction of curbing and sidewalk is also required.
18. The proposed private road as shown on the preliminary plat serving in excess af 20 lots with
extension to serve 8 or less future lots on properly east of Shelley Lake and future public right-o€
way tract is approved by the County Engineer.
19. Private roads sha11 be designed and constructed as per Spokane CounTy Private Road Standards.
20. AIl vested owners shall sign and record private road documents as prescribed by the Spokane
County Engineer. These dacuments shall be reviewed and approved by the Spokane County
Engineer prior tv recording with the Spokane County Auditor. Recarding numbers shall be
referenced in the dedicatory language of the plat.
21. The following statement shall be placed in the plat dedicarion:
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4t' Extension of Time Decision r'ile No. PE-1750-94 Page 9
"WARNING; Spokane County has no responsibility to build, improve, maintain or otherwise
service the private roads contained within or provide service to the properiy described in this plat.
By accepting this plat or subsequently by allowing a building permit to be issued on 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 natwe whatsoever to establish,
examine, survey, construct, alter, repair, improve, maintain or provide drainage or snow removal on
a private road. This requirement is and shall run with the land and shall be binding upon the
owner(s), their heirs, successors or assigns, including the obligaiion to participate in the maintenance
of the private road as provided herein." 22. The proposed subdivision shall be improved to the standards set forth in Spokane County Board of
Commissioners Resolution No. 94-0265 1-0298, as amended, which resolution establishes
regulations for roads, approaches, drainage and fees in riew construction.
23. The County Engineer has examined this development proposal and has determined that the impact of
this proposal upon the existing county road system warrants the dedication of additional right-of
way and the roadway improvements herein sgecified.
24. The following statement sha11 be placed in the finat plat dedication: "The private road as shown
hereon is an easement which provides a means of ingess and egress for those lots within the
subdivision having frontage thereon and not more than 8 lots adjacent to Shelley Lake to the east,
not within this plat."
25. The County Arterial Road Plan identifies South Valley Arterial as a Principal Arterial. The existing
right-of-way width of 90 feet for South Valley Arterial is not consistent with that 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 35 feet in width along the South Valley Arterial frontage shall be set
aside in reserve. This property may be acyuired by Spokane County at the time when arterial
improvements are made to the South Valley Arterial by payment of the fair market value of said
future acquisition area and ignoring the restrictions placed in said future acquisition area by these
conditions.
26. The County Arterial Road Plan identifies 4th Avenue as a Collector Arterial. The existing right-of-
way width of 50 feet is not consistent with that 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 the 4th Avenue frontage shall be set aside in reserve. This property may be acquired by
Spokane County at the time when arterial improvements are made to 4th Avenue by payment of the
fair market value of said future acquisition azea and ignoring the restrictions placed in said future
acquisition area by these conditions.
27. There may exist utilities, either underground or overhead, affecting the subject property, including
property to be dedicated or set aside for future acquisition. Spokane County assumes no financial
obligation for adjustments or relocation regarding these utilities. Applicant(s) should check with the
applicable utility purveyor and the Spokane County Engineer to determine whether applicant(s) or
the utility is responsible for adjustment or relocation costs and to make arrangements for any
necessary work.
28. The applicant has proposed a 3-foot berm with a fence constructed on the top of the berm along the
peruneter of the PUD. Sight distance analysis (vertical and horizontal) shall be done at the public
and private road intenections as well as private road and private road intersections to ensure that
safe sight distance is not compromised because of this construction. Berms and fences may have to
be adjusted to comply with safe sight distance requirements.
29. The applicant shall be responsible for the connection of Rotchford Drive to Rotchford Drive
currently terminating at the north property boundary of Rotchford Acre Tracts. Vertical and
Horizontal sight distance based on design speed of that roadway shall be complied with. To make
the connection, certain construction may be required within the public right-of-way of Rotchford
Drive within Rotchford Acre Tracts. T1ie applicant shall be responsible for any requirements relating
to the off-site construction of this roadway. The applicant shall implement and comply with any
design recommendations by the Cotnty Engineer for restricting speeds on Rotchford Drive.
30. Construction of Conklin Road per the requirements aforementioned shall be done in the 1 st phase.
This construction is required because of the existing condition of Conklin Road and the poor levels
of service at the intersection of 4th Avenue and Sullivan Road. In conjunction with the Conklin
Road improvements, the realigned 4th Avenue shall also be constructed. Any underground work for
. ~
- 4t' Extension of Time Decision File No. PE-1754-94 Page 10
the placement of the future signal at Conklin Road and Sprague Avenue shall also be done in this lst
Phase.
31. Financial responsibility for signalization at Conklin Road and Sprague Avenue shall be the
responsibility of the applicant. Construction of the signal shall occur when this intersection meets
warrants for signalization based on the Manual of Uniform Traffic Control Devices (MIJTCD).
32. The Comprehensive Land Use Plan, more specifically the Arterial Road Plan, an element of tbe
Adopted Comprehensive La.nd Use Plan, designates the South Valley Arterial as a Controlled Access
Principal Arterial. The present plan does not show an intersection of this facility with Conklin Road.
Based on this approved plan, the applicant shall be responsible for the construction of 4th Avenue
from Conklin Road east to Steen Road to Spokane County Road Standards. The applicant shall
construct or provide adequate surefy for this improvement prior to the final phase of this proposed
plat, provided this condition shall be null and void if the Arterial Road Plan is changed to reflect an
at grade crossing of the South Valley Arterial at Conlclin Road. Without this condition of approval
Spokane County Engineering would recommend denial of this plat, since a preexisting plan
delineated no at grade crossing of the South Valley Arterial with Conklin Road and the applicant
was aware of this condition prior to this public hearing. Adequate raadway in&astructure would not
be available for this plat without this provision since the Level of Service for the intersection of 4th
Avenue and Sullivan Road is inadequate for this plat at build out. Off-site right-of-way for this
improvement shall be secured by Spokane County and the applicant shall reimburse Spokane County
for a proportionate share of the cost of the right-of-way.
33. The 4th Avenue Extension Road intersection with Conklin Road shall be aligned so as to provide
for the potential alignment of 4th Avenue as a four-way intersection. Sgokane County will not vacate
the present 4t11 Avenue right-of-way to allow for this fiatwe connection.
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34. If the drainage dispasal system includes infiltration of stormwater as an element in design, there
shall be a site investigation and study conducted by a qualified Geotechnical Engineer prior to final
submittal of road and drainage plans. The geotechnical report shall cover all sites where drywells or
infiltration may be proposed. The report shall draw conclusions about the ability of any proposed
drywells to function according to the Spokane County Guidelines for Stormwater Management. The
site investigation shall also verify if the soils can infiltrate the stormwater at the minimum rate of 0.5
inches per hour for any proposed grassed percolation areas. If the minimum requirement can not be
met, an alternative stormwater design will need to be submitted that meets the requirements of the
Sgokane County Guidelines for Stormwater Management.
. ' '
4t' Extension of Time Decision -File No. PE-1750-94 Page 11
35. Erosion Control: A Temporary Erosion and Sedimentation Control (TESC) plan shall be prepared by
a WA State licensed Professional Engineer and implemented throughout the duration of
construction. The TESC plan is to be prepared using best management practices (BMP's) currently
accepted within the Civil Engineering profession. The TESC plan is to include, at a minimum, a
grading plan, location and details of silt control structures, and street cleaning gogram. Runoff from
exposed areas shall be filtered prior to discharging into a detention pond, swale, infiltration facility,
or natural drainageway. The TESC plari is to be included in the road and drainage plans. The
applicant's Engineer is to submit the TESC plan and supporting calculations to Spokane Coutaty
prior to site disturbance. The TESC major structures (such as silt ponds, silt traps) are to be installed
prior to other site work and the TESC measures are to be implemented and maintained throughout
the dwation of construction, including house construction.
36. Any part of the drainage system that Iies outside of the public right-of-way will neither be maintained nor operated by Spokane Counry forces. Prior to plan acceptance by the County
Engineer, the Sponsor shall provide a mechanism, acceptable to the County Engineer, for the
perpetual maintenance of the stormwater drainage system. This mechanism shall also provide for
the funding of routine maintenance and the replacement of the various components of the drainage
system at the end of the service life of the respective components, and any other improvements that
may be legally required in the future. An Operations and Maintenance Manual for the stormwater
management system shall be prepared by the Sponsor's Engineer, and included in the project
documents submitEed to the County Engineer for acceptance, along with a discussion of the design
life of the various components, a calculated annual cost for repair and maintenance, and a calculated
replacement cost. Homeowners Associations are accepted by the Spokane County Engineer for
carrying out the required maintenance functions and responsibilities.
37. The County Engineer has determined that this project permit is exempt under the Phase 1
Development Regulations - Section IV (B) (2b). Future time extensions will require review by the
Spokane County Division of Engineering for concurrency with the Spokane County Comprehensive
Plan.
SPOKANE COUNTY DTVISION OF UTILITIES
1. The dedication 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 formarion of LTLID by petition method pursuant to RCW 36.94, which petition
includes the owner(s)' property; and further not to object by the signing of a protest petition against
the formation of a tJLID by resolution method pursuant to RCW Chapter 36.94 which includes the
owner(s)' property, provided, this condition shall not prohibit the owner(s) or successor(s) from
objecting to any assessment(s) on the properry as a result of improvements called for in conjunction
with the formation of a iJLID by either petition or resolution method under RCW Chapter 36.94."
2. Any water service for this project shall be provided in accordance with the Coordinated Water
System Plan for Spokane County, as amended. '
3. Applicant shall make connection to the public sewer system. Sewer connection permit is required.
4. Plans and speci$cations for public facilities are to be reviewed and approwd by the Utilities
Department. Spokane County plan submittal requirements apply.
5. Security shall be deposited with the Utilities Division for construction of public facilities.
SPOKANE REGIONAL HEALTH DISTRICT
1. The final plat shall be designed as indicated on the preliminary plat of record and/or any attached
sheets as noted. '
2. Appropriate utility easements shall be indicated on copies of the preliminary plat of record for
distribution by the Planning Division to the utility companies, Spokane County Engineer and the
Spokane Regional Health District Written approval of the easements by the utility companies must
be received prior to the submittal of the final plat.
3. Sewage disposal method shall be as authorized by the Director of Utilities, Spokane County.
4. Water service shall be coordinated through the Director of Utilities, Spokane County.
, ~ .
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+ 4'" Extension of Time Deasion File No. PE-1750-94 Page 12
5. Water service shall be by an existing public water supply when approved by the Regional engineer
(Spokane), State Department of Health. •
6. Prior to filing the final plat, the sponsor shall demonstrate to the satisfaction of the Spokane
Regional Health District that an adequate and potable water supply is available to each tract of the
plat.
7. Prior to filing the final plat the sponsor shaU present evidence that the plat lies within the recorded
service area of the water system proposed to serve the.plat.
8. A plan for water facilities adequate for domestic use, domestic irrigation use and fire protection 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.
9. 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 tune schedule. The time schedule will
provide, in any case, for completion of the water system 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, Spokane Regional Health District and tfie
purveyor harmless from claims by any tract purchaser refused a building permit due to failure of the
plat sponsor to satisfactorily complete the approved_water system.
10. A public sewer system will be made available for the pladproject, and individual service will be
provided to each lot/tract prior to sale. Use of individual on-site sewage disposal systems shall not be
authorized.
11. A statement shall be placed in the dedication to the effect that: "A public sewer system will be made
available for the [plat/project], and individual service will be provided to each lot/tract prior to sale.
Use of individual on-site sewage disposal systems shall not be authorized."
12. The dedicatory language on the plat shall state: "Use of private wells and water systeras for the
supply and/or distribution of potable domestic watei is prohibited."
13. The plat dedication shall contain a statement to the effect that: "The public water system, pursuant to
the Water Plan approved by county and state health authorities, the local fire protection district,
County Building and Code Enforcement and water purveyor, shall be installed within this plat, and
the applicant shall provide for individual domestic water service as well as fire protection to each
tract prior to sale of each tract and prior to issuance of a building permit for each tract."
SPOKANE COUNTY DIVISION OF BUILDING AND CODE ENFORCEMENT
1. The applicant sha11 contact the Division of Building and Code Enforcement at the earliest possible
stage in order to be informed of code requirements administered/enforced as authorized by the State
Building Code Act. Design/development concems include: Fire apparatus access roads, fire
hydrandflow, approved water systems, building accessibility, construction type, occupancy
classification, exiting, exterior wall protection, and energy code regulations.
2. Prior to the issuance of the initial building permit(s), the applicant shall submit to the Division of
Building and Code Enforcement documentation signed by the water purveyor and the applicable fire
district stating that the public water system has been :installed, tested and accepted as operational
pursuant to the approved water plan. .
SPOKANE COUNTY AIIt POLLUTION CONTROL AUTHORTTY
1. All air pollution regulations must be met. This includes but is not limited to the following:
2. Air pollution regulations require that dust emissions during demolition, constrvction and excavation
projects be controlled. This may require use of'water sprays, tarps, sprinklers or suspension of
activity during certain weather conditions. Haul roads should be treated, and emissions from the
transfer of earthen material must be controlled, as well as emissions from all other construction
related activities.
4'h Extension of Time Decision File No. PE-1750-94 Page 13 , •
. •
3. Measures must be taken to avoid the deposition of dirt and mud from unpaved surfaces onto paved
surfaces. If tracking or spills occur on paved surfaces, measures must be taken immediately to clean
these surfaces.
4. SCAPCA strongly recommends that all traveled surfaces (ingress, egress, parking areas, access
roads) be paved and kept clean to minimize dust emissions.
5. Solid fuel beating device(s) shall meet provisions of SCAPCA Regulation I, Article VIII.
6. Debris generated as a result of this project must be disposed by a means other than burning.
SPOKANE FIRE DISTRICT NO. 1
1. The Fire District will require that access to the southem portion of the plat be available off of
Rotchford Drive and 14th Avenue.
2. A water plan showing hydrant locations will be required.
DATED THIS 30th DAY OF DECEMZ R, 2002.
~
James Richardson
Associate Planner
Under state law and county ordinance, you have the right to appeal this decision to the Spokane County
Hearing Examiner. Upon receipt of an appeal, a public hearing will be scheduled. To file such an appeal,
you must submit a letter along with the appropriate processing fee payable to the Spokane County
Division of Planning, within fourteen (14) calendar days from the date this decision is signed per Section
12.100.126 of the Spokane County Subdivision Ordinance Section 12.100.126. The deadline for filing an
appeal is February 20, 2001. If you have any questions, please call the Division of Planning at 477-7200.
' c: County Division of Engineering, John Hohman
County Division of Engineering and Roads, Scott Engelhard
County Division of Utilities, Jim Red
County Division of Utilities, Brenda Simms '
Spokane Regional Health District, Steve Holderby
County Division Building and Code Enforcement, JeffForry
Fire District No. 1
Vera Irrigation District No. 15
Robert Heitman, Jr.; N. 8225 Division St.; Spokane, WA. 99208
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DIVISIDN_ QF EIViGI~E1~Ii~G AND RO.ADS A LII~JISTO~N 0F,
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AGREEMENT T'O PAY FEES •
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This agreement~e-t~veen Spokar~e Cvunty and Robert L. , ~eitmar~, . . , , ,
whose interest 'in the project is 9-wne-r - . . ' -
(s.e. owner, ageii't, erc,)• .
is entered i~~o this, 2;8th . day of Mav , 20 O2 ~ .'I'h:is 4greernent_ as. aPplicable -to -the praject °
known as: ' ,,She11e- Lake r44bhAAddition .
, . ~pro~ee a ress nr ~name or pfa'u narne &phase-~-,vr.fk -nurnoer) , • • -
Thafi. t'he-indivicluals- and parties'named herein as.having an interest in the. above described groperty nr prqject agree.
.
to theJ61-L~~ing:
1 . ";~:~imbu~-~ Spoka~ie Co~nty 'f,ar- praject re~riew' and ,ixispeetior~, fe~s~ ~is sp~c,~~~ied, in ~'l~apt~r.,~.14. ~~~F . . . ; .
~ the Spol~ar~e Counr~r Code. The foes ~l~~~-be based.-~~n a~tual. ,~Sa~~ary Costs sncurr~d-., by, 'Spokarie: - - +
. Count~ ~or pxoject reviews and / or in'sp,ectiorts plu-s. a C~~ :~Sezc~~t, ad-mznigtrative chargp, axad- -w-xll, -
' be, billed -manthly- as accrued,. Any bill"in~ a moaftts duei,ttclu,ftg any expenincurrecl -in the
collecoon-of an overdue account, must be pa~~,prior tv the--Go,u,nty's, -acc~ptance. of'the..project? for - , -
~'it~~.;g,, If a project is' approved az~dlar- filed: ~vith a balance sti1~~l~i~ving, ~e uflpaid balance sk~all be , pai~~i.~an ~0 -da.ys af t~.e in~raice date.
2: Th~'und~rsigned agrees, ~at~ tkiese fees ax~e due and pay~ble_upan; rec~ipt o~ the ~-iTl%r~g as speei~ed . ab~ove,
3. . Any invoices not paid -within 30 days of the rinvoice-date wiffl.be considered deaiac~uent. If a,riy -
aY4,'w.ithxn ,~0, days vf the- i'nvbice date, ~ . .
outstan,ding balance an the account fvr this praject is nol. p
- no furt'her reuievsrs of the project dbcume-nts wxll, be conducted until tbe ~erktire account balan~e is _
- paid. A-ny balance -on tht~ account.'far this, project nat, paid w0in..65 days of the xnvoice date'way .
result in ~iegal action ar the xnxtia[iort, of othcr collection procedures,, including r~~errat to a -cpllectian°4gen.cy, The Sponsor wiL!' be- fiable for any ~nd all-expw~ses incurred by the County fox
tbe cvY1'ection of overdue accounts.
4. Thc. rr7oiitka.ly billing shc~u~ld be sent to:
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C011rIPANY; I~dtLftar-k',:BvLi, l.^ders ' - . - ,
, ADDRESS: 82~5..=,.Narth": sD"l,'v.iaican Street -
CZT'Y, STA~'E: y Spokane,~ W~'ashiagtaa~,
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, - ZIP CODE: 99208 , -
- , P-HONE , 467-2123 PHC}NE # 2: . , •
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pay these fe&,rn'ay result in delay xn, coxnpletion or a.pproval of the project or o#her`,_ nctions.
. r . , . . .
~ if this fee agreement is compieted b~ sameone other than: the SponsQr (i.,e., the project owner ar -a. ' , . ` , . .
priiicipal in tkae fixm sponsbring the project), such as the "Eqineer desagning the praject; ffen.
writteD authorization frajm, the Sponsor ci~'~caXly authorizing tbi~. Agent to ex&ute fh%s Fee Agreernent is attached to Chi r . T . . _ - _ . .
_ _SI~'rNATURE $y: . ~ _ _ . . .1 . . -
• T~~~ ext L. 'He i tman„ Jr. (PRrNT NAME)
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.REZ'U.RNAILCL[~~ ~~PY TC) SPOKANE COLNTY ENGINEERS
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klflagree- f`ee40,4j001• . • . - . • ' - • '
I - 14Z6' ~i',~-~d~~~~,t~~e Spo~ne V4~A 9426040174 (5~19) 47'7-3600 ~','X=,(509) 477-2243" '1DD:
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CITtSp6koane
alley 11707 E Sprague Ave Suite 106 ♦ Spokane Valtey WA 99206
509.921.1000 ♦ Fax: 509.921.1008 ♦ cityhall@spokanevalley.org
July 1, 2008
Washington Trust Bank
PO Box 2127
Spokane, WA, 99210
Re: Shelly Lake, 4th Add.
PE-175 0-D
To Whom It May Concern:
Shelly Lake Development, LLC has satisfactorily completed the requirements for Shelly
Lake, 4th Addition. The Letter of Credit # 22079 for $2,700.00 can be released in full.
If you have any questions, please contact me at 688-0025.
Sincerely,
~
Rodney D. Pegram
Development Engineering Inspector
City of Spokane Valley
Cc: Shelly Lake Development, LLC, 8225 N. Division, Spokane, WA, 99208
Whipple Consulting Engineers, 2528 N. Sullivan Road, Spokane Va11ey, WA, 99216
:ect~F'a~i~lY
.
. Page 1 of 1
t -
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Rodney Pegram
From: Rodney Pegram .
Sent: Friday, August 24, 2007 8:25 AM
To: Gianna Adams (giannaadams@msn.com) Cc: John Hohman; Henry Allen; Ryan Brodwater
Subject: Shelly Lake 4th Addition, PE-1750
Gianna,
We will be able to go forward on this project once the following items are complete. They are as follows:
1. Sta. 23+25 Lt., Shelly Lake Lane, Replace failing concrete around the grate.
2. Sta. 13+85+/ , Carnine Lane, Adjust sewer manhole frame and lid to finish grade. (It is 1/2" to 1" above
pavement surface).
3. Pond B and Pond C need to be seeded and grass growth visible.
Please contact me once these items are complete. Thank you for your attention to this matter.
Rod
8/24/2007
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ley 11707 E Sprague Ave Suite 106 5Pokane ValleY WA 99206
509.92 1. 1000 ~j Fax: 509.921.1008 ~ cityhallCspokanevalley.org
~
January 24, 2007
~
John Saywers
Saywers Engineering
327 W 8' Ave., Suite 202
Spokane, WA 99204
Re: Repair of Swale on 4th & Moore (Shelley Lake)
Please contact the Shelley Lake Homeowners Association in regard to the enclosed
photo/request for damage repa.ir.
Thank you, ~ v
Alysa Wiyrick, E.I.T.
Assistant Development Engineer
Enc.
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~ Page 1 Of 1
w
Alysa Wiyrick
- - - . - - - - - - - - - - - -
From: Mike Turbafc
Sent: Thursday, November 34, 2006 9:04 AM
To: Alysa Wiyrick
Subject: RE: Shelley Lake 4th Addition PQnd Change Mylars -
Yes, I do T'll bring them over ~irst thing. Mike Turbak , -
Seniar Permit Specialist
Gity of SpoEcane 1lalley
- Building Division
11707 E. Spragcae Avenue
Sui#e 106
Spokane llalley, UVA 98206
-
509.688.0435 C]ffice
509.688.0037 Fax
rnturbalc~}aT .sookan eval lev. nrg
From: Alysa Wiyrick
Sent: Thursday, November 30, 2006 7:52 AM
To: Mike Turbak
Subject: 5helley Lake 4th ,4dditian Parrd Change Myra _
Mike,
Just checking, do you still have #he 1111y1ar plans far Shelley Lake 4th Addition pond changes?
Thanks, ,
:
o41ysa Wiyrick
Assistant Development Engineer
City of Spokane Ilalley
11707 E. Sprague Ave Ste. 106
Spokane ValEey, WA 99206
(509) 688-0228
(509) 921-1008 Fax
awiy ri c k@spaka n eua I Iev. o rq
(Conterrts of this emalf and any reply are subject to pub11c drsclosure. }
115/2007
~
Page 1 of 2
Alysa Wiyrick
From: Karen Kendall
Sent: Monday, November 20, 2006 8:51 AM
To: Alysa Wiyrick; Mike Turbak
Cc: John Hohman; Neil Kersten; Mike Connelly; Henry Allen
Subject: RE: Drainage Pond - Shelley Lake 4th Addition
I kave not received any grading, information regarding tke Pond located in the 4tk AJdition. If tke Poncl is
generating more than 500 cu6ic yarcls of fill/excavation or in the flooJPlain, f'ianning will need to looL, at it.
KAREN K.6NAAl_l..
Ci.~~ v f spol2~ ~e vo.l4.e~
Cowt.wt.u.v.~~tJ, A~vP~ ~w+.°v~.~ D~A► ~wt.~v~.~ ,
L1; c7 EasL sprague ,qvevLue
Spo►2av,.-F vaLleo. WA 99206
(5q9 ) &gg-o°l72
(~09) 92:1-2000 1=ax
From: Alysa Wiyrick
Sent: Friday, November 17, 2006 3:22 PM
To: Mike Turbak; Karen Kendall
Cc: John Hohman; Neil Kersten; Mike Connelly; Henry Allen
Subject: RE: Drainage Pond - Shelley Lake 4th Addition
Mike,
Sandra signed off on the 4th Addition pond changes on 12-14-05. I have the signed Mylar
at my desk but not a paper copy of the approval. Therefore, Public Works is okay with the
release of the grading permit for the Shelley Lake 4th Addition Pond Changes.
Thanks,
Atysa Wiyrick
Assistant Development Engineer
City of Spokane Valley
11707 E. Sprague Ave Ste. 106
Spokane Valley, WA 99206
(509) 688-0228
(509) 921-1008 Fax
awivrick o(D.spokanevalley.orq
(Contents of this email and any reply are subject to public disclosure. )
From: Mike Turbak
Sent: Friday, November 17, 2006 1:45 PM
To: Karen Kendall; Alysa Wiyrick
Cc: Mike Turbak Subject: Drainage Pond - Shelley Lake 4th Addition
Afternoon folks . . . .
John Saywers has made application for the excavation of the drainage pond previously approved
by Public Works for the 4th Addition of Shelley Lake.
1/5/2007
r
Page 2 of 2
The Project # is 06004561 and I'm emailing as a"heads up" to:
1) Confirm that Public Works has (still) approved the construction of this drainage pond as
previously designed / submitted / reviewed (and)
2) Verify that all SEPA / land-use issues have been resolved which (could) affect the approval /
release of this permit by the Planning Division
Thanks for your help, Mike Turbak
Senior Pennit Specialist
City of Spokane Valley .
Building Division
11707 E. Sprague Avenue
Suite 106 Spokane Valley, WA 99206
509.688.0035 Office
509.688.0037 Fax
mturbak(oD,saokanevallev.orq
1/5/2007
Page 1 of 1
Alysa Wiyrick
From: Mike Turbak
Sent: Friday, November 17, 2006 1:45 PM
To: Karen Kendali; Alysa Wiyrick
Cc: Mike Turbak
Subject: Drainage Pond - Shelley Lake 4th Addition
Attachments: image001.gif
Afternoon folks . . .
]ohn Saywers has made application for the excavation of the drainage pond previously approved
by Public Works for the 4th Addition of Shelley Lake.
The Project # is 06004561 and I'm emailing as a"heads up" to:
1) Confirm that Public Works has (still) approved the construction of this drainage pond as
previously designed / submitted / reviewed (and)
2) Verify that all SEPA / land-use issues have been resolved which (could) affect the approval /
release of this permit by the Planning Division
Thanks for your help,
Mike Turbak
Sen.ior Permit Specialist
City of Spokane Valley Building Division
11707 E. Sprague Avenue
Suite 106 Spokane Valley, WA 99206
509.688.0035 Office
509.688.0037 Fax
mturbak(ccD,spokanevallev.orq
1/5/2007
~ Page 1 of 2
Alysa Wiyrick
From: Alysa Wiyrick
Sent: Friday, November 17, 2006 3:22 PM
To: Mike Turbak; Karen Kendaii
Cc: John Hohman; Neil Kersten; Mike Connelly; Henry Allen
Subject: RE: Drainage Pond - Shelley Lake 4th Addition
Tracking: Recipient Read Mike Turbak Read: 11/20/2006 1:46 PM •
Karen Kendall
]ohn Hohman Deleted: 11/21/2006 4:05 PM
Neil Kersten
Mike Connelly Read: 11/20/2006 8:30 AM
Henry Allen Read: 11/20/2006 9:55 AM
Mike,
Sandra signed off on the 4th Addition pond changes on 12-14-05. I have the signed Mylar
at my desk but not a paper copy of the approval. Therefore, Public Works is okay with the
release of the grading permit for the Shelley Lake 4th Addition Pond Changes.
Thanks,
Alysa Wiyrick
Assistant Development Engineer
City of Spokane Valley
11707 E. Sprague Ave Ste. 106
Spokane Valley, WA 99206
(509) 688-0228
(509) 921-1008 Fax
awiyrick@.~pokanevalley.org
(Contents of this email and any reply are subject to public disclosure. )
From: Mike Turbak
Sent: Friday, November 17, 2006 1:45 PM
To: Karen Kendall; Alysa Wiyrick
Cc: Mike Turbak
Subject: Drainage Pond - Shelley Lake 4th Addition
Afternoon folks . . .
John Saywers has made application for the excavation of the drainage pond previously approved
by Public Works for the 4th Addition of Shelley Lake.
The Project # is 06004561 and I'm emailing as a"heads up" to:
1) Confirm that Public Works has (still) approved the construction of this drainage pond as
previously designed / submitted / reviewed (and)
2) Verify that all SEPA / land-use issues have been resolved which (could) affect the approval /
release of this permit by the Planning Division
Thanks for your help,
1 /5/2007
Page 2 of 2
, . ~
Mike Turbak
Senior Permit Specialist
City of Spokane Valley
Building Division
11707 E. Sprague Avenue
Suite 106 -
Spokane Valley, WA 99206
509.688.0035 Office
509.688.0037 Fax
mturbak(cr„spokanevallev.orq
1/5/2007
- Page 1 of 1
Alysa Wiyrick From: Alysa Wiyrick -
Sent: Thursday, October 26, 2006 10:52 AM
To: John Hohman
Subject: FW: Swale along 4th and Moore ,
Tracking: Recipient Read '
]ohn Hohman Read: 10/26/2006 11:07 AM
Please respond to this one.
Alysa Wiyrick
Assistant Development Engineer
City of Spokane Valley .
11707 E. Sprague Ave Ste. 106
Spokane Valley, WA 99206
(509) 688-0228
(509) 921-1008 Fax
awivrick(aD-spokanevallev.orq •
(Contents of this email and arry reply are subject to public disclosure. )
From: Mike Syrcle [mailto:msyrcle@comcast.net]
Sent: Thursday, October 26, 2006 10:48 AM
To: Alysa Wiyrick
Cc: Scotty and Christy Smith
Subject: Swale along 4th and Moore
Alysa,
I have not received an update regarding the two swales (one that is failing and the other one that is not irrigated). If
possible, could you give me a status update by tonight because I have a meeting with the board members?
Thank you,
Mike Syrcle
Vice President
Shelley Lake Homeowners Association
981-7261
1 /5/2007
Page 1 of 1
Alysa Wiyrick
From: Mike Syrcle [msyrcle@comcast.net]
Sent: Thursday, October 26, 2006 10:48 AM
To: Alysa Wiyrick
Cc: Scotty and Christy Smith
Subject: Swale along 4th and Moore
Alysa,
I have not received an update regarding the two swales (one that is failing and the other one that is not irrigated). If
possible, could you give me a status update by tonight because I have a meeting with the board members? .
Thank you,
Mike Syrcle
Vice President
Shelley Lake Homeowners Association
981-7261
1/5/2007
Page 1 of 1
Alysa Wiyrick -
From: JOHN SAYWERS [johnsaywers@msn.com]
Sent: Wednesday, September 20, 2006 3:38 PM
To: John Hohman
Cc: Mike Connelly; Alysa Wiyrick; bheitman@earthlink.net
Subject: Re: Shelley Lake Swales
John,
I have already informed Sean from C& B of this issue. We plan to meet at the site with the president of
the homeowners association to determine the solution for this problem. I am trying to set up the
meeting for when C& B mobilize on Shelley Lake Sth. They are in the process of completing their other
projects and should be mobilizing within two weeks or so. I agree that a gravel sump should solve the
problem as it has in the other areas. I also need to obtain approval from Buster in order to perform this
work.
Please call or email if this schedule doesn't work.
Sincerely,
John F. Saywers, P.E.
Saywers Engineering
327 W. 8th Ave. Suite 202
Spokane, WA 99204
Phone (509)744-0300
Fax (509)744-0302
Original Message
From: John Hohman
To: JOHN SAYWERS
Cc: Mike Connelly ; Alysa Wivrick
Sent: Wednesday, September 20, 2006 2:53 PM
Subject: Shelley Lake Swales
John,
Earlier this year we released the bond for the first phase of Shelley Lake based upon the work you directed late last
year. All the swales appeared to function properly when the inspections were conducted. At that time, you told me that
you would handle any problems that arose with the swales. The homeowners association has complained about two
of the swales: the one along 4th and the other at the northwest end of Moore Lane.
We inspected the development today and found the swale along 4th to be acceptable. The swale along Moore is not.
Please look at the attached photos. The swale is obviously not draining. I understand that over watering may be
causing the situation but the other swales across Moore are receiving similar irrigation water and do not have any
problems. As you recall, those were rehabilitated with a sump area of drainrock that appears to be functioning well.
The non-functioning swale was not rehabilitated.
Please make arrangements to repair this swale. A similar sump area should suffice.
Thanks,
John Hohman
1 /5/2007
Page 1 of 3
~ • _ .
Alysa Wiyrick
From: John Saywers [johnsaywers@msn.com]
Sent: Monday, July 31, 2006 11:39 AM
To: Alysa Wiyrick
Subject: RE: Shelley Lake Swales
Alysa,
I would love to talk to Mike about the over watering of lawns that is happening in these areas as the ponds handled the
stormwater without any problems. . This area is one of the worst cases of over watering I have ever seen. If the over
watering problem isn't solved then the ponds will always be in this state, maybe the homeowners association can police
its own members and solve their own problem. The ponds were constructed as designed and are adequate for the
stormwater but as you can see in the picture provided by Mr. Syrcle the inlet is stained with constant inflow ftom up
stream watering. It takes a good flow of water to stain an inlet like this. Please have him call me if he would like to
discuss this issue further.
Sincerely,
Saywers Engineering
John F. Saywers, P.E.
327 W. 8th Ave. Suite 202
Spokane, WA 99203
Ph.(509)744-0300
Fax (509)744-0304
Cell (509)869-9378
e-mail johnsaywers@msn.com -
From: Alysa Wiyrick [mailto:awiyrick@spokanevalley.org]
Sent: Monday, July 31, 2006 11:20 AM
To: Gianna Adams; johnsaywers@msn.com Cc: John Hohman; Mike Connelly
Subject: FW: Shelley Lake Swales
Gianna and John,
Please see the message below and attached file regarding the Shelley Lake swales. I will be
forwarding your contact information to Mr. Syrcle regarding information on the swales. It is my
understanding that John certified that the swales were operating correctly. If you have any additional
questions, please let me know. I will copy you on my email response to Mr. Syrcle.
Thanks,
Alysa Wiyrick
Assistant Development Engineer
City of Spokane Valley
11707 E. Sprague Ave Ste. 106
Spokane Valley, WA 99206
(509) 688-0228
(509) 921-1008 Fax .
awiyrickC~o,spokanevalley.orq
(Contents of this email and any reply are subject to public disclosure. )
From: Mike Syrcle [mailto:msyrcle@comcast.net]
Sent: Sunday, July 30, 2006 8:17 PM
1 /5/2007
Page 2 of 3
, t
c
To: Alysa Wiyrick
Cc: Claudia Hersey; Kathryn McKinley; Scotty and Christy Smith; Mike Connelly
Subject:
Alysa,
I have not received any reply from you regarding the following email to you on July 20th. I would appreciate
acknowledgement of this email. If possible, I would appreciate an update regarding this issue before August 2 since
Shelley Lake homeowners board meeting is August 3rd.
Best regards,
Mike Syrcle
Vice President
Shelley Lake homeowners association Alysa,
The Shelley Lake homeowners association has been turned over to the homeowners. We presently are looking into
issues like this and attempting to have these types of issues completed properly before the association is forced to pay for
someone's else's mistake / negligence.
The picture and layout that was given to you was comprised last year about this time. At that time, the City of Spokane
Valley instructed the developer of Shelley Lake, Mr. Heitman, to fix all swales within Shelley Lake PUD. The developer
fixed the swales along 5th Avenue (top right picture), and the east swale along Moore lane (Bottom left picture). The
swale on the west side of Moore lane (top left picture) presently does not drain properly. If you compare these three
swales today, you will find nothing was done to the swale on the west side of Moore lane.
I would like to know why the city overlooked this swale last year when they had the developer fix the other two swales?
What are the city's plans to resolve this forgotten swale?
Best regards,
Mike Syrcle
Vice President
Shelley Lake homeowners association
-----Original Message-----
From: Alysa Wiyrick [mailto:awiyrick@spokanevalley.org]
Sent: Thursday, July 20, 2006 2:40 PM
To: msyrcle@comcast.net
Subject: Shelley Lake Swale Question
Mike,
I received a message from the City Stormwater Engineer. She stated you felt there were
swales within your development that were not working at this and provided me with picture and
layout.
Please call or email with your specific question or concern.
Thanks,
Alysa Wiyrick
Assistant Development Engineer
City of Spokane Valley
11707 E. Sprague Ave Ste. 106
Spokane Valley, WA 99206
1 /5/2007
Page 3 of 3
c- . .
(509) 688-0228
(509) 921-1008 Fax
avdYrickCcDspokanevallev.orq ,
(Contents of this email and any rep/y are subject to public disclosure. )
1 /5/2007
, - Page 1 of 3
i . w t Q
~
Alysa Wiyrick
From: Alysa Wiyrick
Sent: Monday, July 31, 2006 11:41 AM
To: 'John Saywers'
Cc: John Hohman; Mike Connelly
Subject: RE: Shelley Lake Swales
Tracking: Recipient Read
'John Saywers'
]ohn Hohman Read: 7/31/2006 11:45 AM
Mike Connelly Read: 7/31/2006 11:58 AM
Thanks John. I forwarded him your contact information, you will probably here from him soon.
Alysa Wiyrick
Assistant Development Engineer
City of Spokane Valley
11707 E. Sprague Ave Ste. 106
Spokane Valley, WA 99206
(509) 688-0228 - ,
(509) 921-1008 Fax
awiyrick(d~spokanevallev.orq
(Contents of this email and any reply are subject to public disclosure. )
From: John Saywers [mailto:johnsaywers@msn.com]
Sent: Monday, ]uly 31, 2006 11:39 AM
To: Alysa Wiyrick
Subject: RE: Shelley Lake Swales
Alysa, I would love to talk to Mike about the over watering of lawns that is happening in these areas as the ponds handled the
stormwater without any problems. . This area is one of the worst cases of over watering I have ever seen. If the over
watering problem isn't solved then the ponds will always be in this state, maybe the homeowners association can police
its own members and solve their own problem. The ponds were constructed as designed and are adequate for the
stormwater but as you can see in the picture provided by Mr. Syrcle the inlet is stained with constant inflow from up
stream watering. It takes a good flow of water to stain an inlet like this. Please have him call me if he would like to
discuss this issue further. Sincerely,
Saywers Engineering
John F. Saywers, P.E. -
327 W. 8th Ave. Suite 202
Spokane, WA 99203
Ph.(509)744-0300
Fax (509)744-0304
Cell (509)869-9378 '
e-mail johnsaywers@msn.com
From: Alysa Wiyrick [mailto:awiyrick@spokanevalley.org]
Sent: Monday, ]uly 31, 2006 11:20 AM
To: Gianna Adams; johnsaywers@msn.com
Cc: ]ohn Hohman; Mike Connelly
1 /5/2007
+ Page 2 of 3
:
,
Subject: FW: Shelley Lake Swales
Gianna and John,
Please see the message below and attached file regarding the Shelley Lake swales. I will be
forwarding your contact information to Mr. Syrcle regarding information on the swales. It is my
understanding that John certified that the swales were operating correctly. If you have any additional
questions, please let me know. I will copy you on my email response to Mr. Syrcle.
Thanks, Alysa Wiyrick
Assistant Development Engineer
City of Spokane Valley
11707 E. Sprague Ave Ste. 106
Spokane Valley, WA 99206 (509) 688-0228
(509) 921-1008 Fax
awivricke-spokanevallev.orq
(Contents of this email and any reply are subject to public disclosure. )
From: Mike Syrcle [mailto:msyrcle@comcast.net]
Sent: Sunday, )uly 30, 2006 8:17 PM
To: Alysa Wiyrick
Cc: Claudia Hersey; Kathryn McKinley; Scotty and Christy Smith; Mike Connelly
Subject:
Alysa,
I have not received any reply from you regarding the following email to you on July 20th. I would appreciate
acknowledgement of this email. If possible, I would appreciate an update regarding this issue before August 2 since Shelley Lake homeowners board meeting is August 3rd
Best regards,
Mike Syrcle
Vice President
Shelley Lake homeowners association Alysa, .
The Shelley Lake homeowners association has been turned over to the homeowners. We presently are looking into
issues like this and attempting to have these types of issues completed properly before the association is forced to pay for
someone's else's mistake / negligence.
The picture and layout that was given to you was comprised last year about this time. At that time, the City of Spokane
Valley instructed the developer of Shelley Lake, Mr. Heitman, to fix all swales within Shelley Lake PUD. The developer
fixed the swales along 5t' Avenue (top right picture), and the east swale along Moore lane (Bottom left picture). The
swale on the west side of Moore lane (top left picture) presently does not drain properly. If you compare these three
swales today, you will find nothing was done to the swale on the west side of Moore lane.
• I would like to know why the city overlooked this swale last year when they had the developer fix the other two swales?
What are the city's plans to resolve this forgotten swale? .
Best regards, Mike Syrcle Vice President 1/5/2007
- Page 3 of 3
~
Shelley Lake homeowners association
-----Origina) Message-----
From: Alysa Wiyrick [mailto:awiyrick@spokanevalley.org]
Sent: Thursday, July 20, 2006 2:40 PM
To: msyrcle@comcast.net
SUbject: Shelley Lake Swale Question
Mike,
I received a message from the City Stormwater Engineer. She stated you felt there were
swales within your development that were not working at this and provided me with picture and
layout.
Please call or email with your specific question or concern.
Thanks,
Alysa Wiyrick
Assistant Development Engineer
City of Spokane Valley
11707 E. Sprague Ave Ste. 106
Spokane Valley, WA 99206
(509) 688-0228
(509) 921-1008 Fax
awiyrickC~a.spokanevallev.org
(Contents of this email and any reply are subject to public disclosure. )
1/5/2007
Page 1 of 2
Alysa Wiyrick
From: Alysa Wiyrick
Sent: Monday, July 31, 2006 11:38 AM
To: 'Mike Syrcle'
Cc: Mike Connelly; 'johnsaywers@msn.com'; 'Gianna Adams'; John Hohman
Subject: RE: Shelley Lake Swales
Tracking: Recipient Read
'Mike Syrcle'
Mike Connelly Read: 7/31/2006 11:59 AM
`johnsaywers@msn.com'
'Gianna Adams'
]ohn Hohman Read: 7/31/2006 11:45 AM
Mr. Syrcle,
I have forwarded your complaint to the design engineer John Saywers for response. You should be
hearing from him shortly. His contact information is John Saywers, Saywers Engineering, 509-744-
0300.
If you have any additional questions, please let me know. Alysa Wiyrick
Assistant Development Engineer
City of Spokane Valley
11707 E. Sprague Ave Ste. 106
Spokane Valley, WA 99206
(509) 688-0228
(509) 921-1008 Fax
awivrick@spokanevallev.orq
(Contents of this email and any reply are subject to public disclosure. ) - .
From: Mike Syrcle [mailto:msyrcle@comcast.net]
Sent: Sunday, ]uly 30, 2006 8:17 PM
To: Alysa Wiyrick
Cc: Claudia Hersey; Kathryn McKinley; Scotty and Christy Smith; Mike Connelly
Subject:
Alysa,
I have not received any reply from you regarding the following email to you on July 20th. I would appreciate
acknowledgement of this email. If possible, I would appreciate an update regarding this issue before August 2 since
Shelley Lake homeowners board meeting is August 3'd.
Best regards,
Mike Syrcle Vice President
Shelley Lake homeowners association _
Alysa,
The Shelley Lake homeowners association has been turned over to the homeowners. We presently are looking into
1/5/2007
Page 2 of 2
issues like this and attempting to have these types of issues completed properly before the association is forced to pay for
someone's else's mistake / negligence. .
The picture and layout that was given to you was comprised last year about this time. At that time, the City of Spokane
Valley instructed the developer of Shelley Lake, Mr. Heitman, to fix all swales within Shelley Lake PUD. The developer
fixed the swales along 5t' Avenue (top right picture), and the east swale along Moore lane (Bottom left picture). The
swale on the west side of Moore lane (top left picture) presently does not drain properly. If you compare these three
swales today, you will find nothing was done to the swale on the west side of Moore lane.
I would like to know why the city overlooked this swale last year when they had the developer fix the other finro swales?
What are the city's plans to resolve this forgotten swale?
Best regards, .
Mike Syrcle
Vice President
Shelley Lake homeowners association
-----Original Message-----
From: Alysa Wiyrick [mailto:awiyrick@spokanevalley.org]
Sent: Thursday, July 20, 2006 2:40 PM
To: msyrcle@comcast.net
Subject: Shelley Lake Swale Question
Mike,
I received a message from the City Stormwater Engineer. She stated you felt there were
swales within your development that were not working at this and provided me with picture and
layout.
Please call or email with your specific question or concern.
Thanks,
Alysa Wiyrick
Assistant Development Engineer
City of Spokane Valley
11707 E. Sprague Ave Ste. 106
Spokane Valley, WA 99206
(509) 688-0228
(509) 921-1008 Fax
awivrickO)-spokanevallev.orq
(Contents of this email and any rep/y are subject to public disclosure. )
1 /5/2007
Page 1 of 2
r•
4 '
Alysa Wiyrick
From: Mike Syrcle [msyrcle@comcast.net]
Sent: Sunday, July 30, 2006 8:17 PM
To: Alysa Wiyrick
Cc: Claudia Hersey; Kathryn McKintey; Scotty and Christy Smith; Mike Connelly
Attachments: image001.gif
Alysa,
I have not received any reply from you regarding the following email to you on July 20th. I would appreciate
acknowledgement of this email. If possible, I would appreciate an update regarding this issue before August 2 since
Shelley Lake homeowners board meeting is August 3rd.
Best regards,
Mike Syrcle
Vice President
Shelley Lake homeowners association
Alysa,
The Shelley Lake homeowners association has been turned over to the homeowners. We presently are looking into
issues like this and attempting to have these types of issues completed properly before the association is forced to pay for
someone's else's mistake / negligence.
The picture and layout that was given to you was comprised last year about this time. At that time, the City of Spokane
Valley instructed the developer of Shelley Lake, Mr. Heitman, to fix all swales within Shelley Lake PUD. The developer
fixed the swales along 5th Avenue (top right picture), and the east swale along Moore lane (Bottom left picture). The
swale on the west side of Moore lane (top left picture) presently does not drain properly. If you compare these three
swales today, you will find nothing was done to the swale on the west side of Moore lane.
I would like to know why the city overlooked this swale last year when they had the developer fix the other two swales?
What are the city's plans to resolve this forgotten swale?
Best regards,
Mike Syrcle
Vice President
Shelley Lake homeowners association
-----Original Message-----
From: Alysa Wiyrick [mailto:awiyrick@spokanevalley.org]
Sent: Thursday, ]uly 20, 2006 2:40 PM
To: msyrcle@comcast.net
Subject: Shelley Lake Swale Question
M i ke,
I received a message from the City Stormwater Engineer. She stated you felt there were
swales within your development that were not working at this and provided me with picture and
layout.
Please call or email with your specific question or concern.
1 /5/2007
Page 2 of 2
i-
Thanks, Alysa Wiyrick
Assistant Development Engineer
City of Spokane Valley
11707 E. Sprague Ave Ste. 106
Spokane Valley, WA 99206
(509) 688-0228
(509) 921-1008 Fax
awiyrick@5pokanevallev.orq
(Contents of this email and any reply are subject to public disclosure. )
1 /5/2007
Page 1 of 1
Alysa Wiyrick
From: Alysa Wiyrick
Sent: Thursday, July 20, 2006 2:40 PM
To: 'msyrcle@comcast. net
Subject: Shelley Lake Swale Question
Mike, I received a message from the City Stormwater Engineer. She stated you felt there were swales
within your development that were not working at this and provided me with picture and layout.
Please call or email with your specific question or concern.
Thanks;
Alysa Wiyrick
Assistant Development Engineer
City of Spokane Valley
11707 E. Sprague Ave Ste. 106
Spokane Valley, WA 99206
(509) 688-0228
(509) 921-1008 Fax
awiyrickC~o. spokanevallev.orq
(Contents of this email and any reply are subject to public disclosure. )
1 /5/2007
- Page 1 of 2
.
~
Alysa Wiyrick
From: Alysa Wiyrick
Sent: Monday, July 31, 2006 11:20 AM
To: 'Gianna Adams'; 'johnsaywers@msn.com'
Cc: John Hohman; Mike Connelly
Subject: FW: Shelley Lake Swales
Attachments: Shelley Lake Syrcle Complaint.pdf
Tracking: Recipient Read
'Gianna Adams'
' johnsaywers@msn.com'
]ohn Hohman Read: 7/31/2006 11:26 AM
Mike Connelly Read: 7/31/2006 11:22 AM
Gianna and John,
Please see the message below and attached file regarding the Shelley Lake swales. I will be
forwarding your contact information to Mr. Syrcle regarding information on the swales. It is my
understanding that John certified that the swales were operating correctly. If you have any additional
questions, please let me know. I will copy you on my email response to Mr. Syrcle.
Thanks,
. Alysa Wiyrick
Assistant Development Engineer
City of Spokane Valley
11707 E. Sprague Ave Ste. 106
Spokane Valley, WA 99206
(509) 688-0228
(509) 921-1008 Fax
awivrick@spokanevallev.orq
(Contents of this email and any reply are subject to public disclosure. )
From: Mike Syrcle [mailto:msyrcle@comcast.net]
Sent: Sunday, July 30, 2006 8:17 PM
To: Alysa Wiyrick
Cc: Claudia Hersey; Kathryn McKinley; Scotty and Christy Smith; Mike Connelly
Subject:
Alysa,
I have not received any reply from you regarding the following email to you on July 20th. I would appreciate
acknowledgement of this email. If possible, I would appreciate an update regarding this issue before August 2 since
Shelley Lake homeowners board meeting is August 3rd.
Best regards,
Mike Syrcle
Vice President
Shelley Lake homeowners association
Alysa,
1 /5/2007
Page 2 of 2
The Shelley Lake homeowners association has been tumed over to the homeowners. We presently are looking into
issues like this and attempting to have these types of issues completed properly before the association is forced to pay for
someone's else's mistake / negligence.
The picture and layout that was given to you was comprised last year about this time. At that time, the City of Spokane
Valley instructed the developer of Shelley Lake, Mr. Heitman, to fix all swales within Shelley Lake PUD. The developer
fixed the swales along 5th Avenue (top right picture), and the east swale along Moore lane (Bottom left picture). The
swale on the west side of Moore lane (top left picture) presently does not drain properly. If you compare these three
swales today, you will find nothing was done to the swale on the west side of Moore lane.
I would like to know why the city overlooked this swale last year when they had the developer fix the other two swales?
What are the city's plans to resolve this forgotten swale?
Best regards,
Mike Syrcle
Vice President -
Shelley Lake homeowners association
-----Original Message-----
From: Alysa Wiyrick [mailto:awiyrick@spokanevalley.org]
Sent: Thursday, ]uly 20, 2006 2:40 PM
To: msyrcle@comcast.net
Subject: Shelley Lake Swale Question
M i ke,
I received a message from the City Stormwater Engineer. She stated you felt there were
swales within your development that were not working at this and provided me with picture and
layout.
Please call or email with your specific question or concern.
. Thanks,
Alysa Wiyrick
Assistant Development Engineer
City of Spokane Valley
11707 E. Sprague Ave Ste. 106 Spokane Valley, WA 99206
(509) 688-0228
(509) 921-1008 Fax
awivrickCoDsaokanevallev.orq
(Contents of this email and any rep/y are subject to public disclosure. )
1/5/2007
~
. 17sd
w '
J ~
S qTlp6l ank;
.0;0OValle
. . . . Pub0ic Records Request
City Hail, 11707 E. Sprague Ave. Seaite 106
. . . Spokane Val9ey, W,A1 99206
509-921 -1000 phone 509-921 -1008 fax
Please Print Name: ~ f53 S~ vim ~ z,'3- Date: 2 -7-- zS
Phone Number: ~ z Address: s Ld-L7eel LLk-? C_ z., ue'ile
Email: Li/ CeaM, a'`I' 4 3 ~~AL-A 1... `~~..x
Requested Documents: (Please be specific in describing the records being requested and any additional information that
- will help us locate them for you such as dates:)
~
In/~.~.u► 1 L I. 7_ov"l l~~ ~~~t.c~,•~ ~~-=r ~ cic~..~
,
PUBLIC RECORDS OF THE AGENCY ARE PROVIDED FOR INSPECTION AND COPYIlNG SUBJECT TO THE FOLLOWING
REGULATIONS:
1. No person shall knowingly alter, deface, or destroy public records of the agency.
2. Original copies of public records to the agency shall not be removed from the offices of the agency.
3. Care and safekeeping of public records of the agency, furnished pursuant to a request for inspection or copying, shall be
the sole responsibility of the requester.
4. Records furnished for public inspection or copying shall be returned in good condition and in the same file sequence or
organization as when furnished.
5. The charge for providing copies of public records is fifteen cents ($0.1 S) per 81fi by 11 or 8'h by 14 inch page.
The small print.• It is the (atys policy to respond withln five business days ofrecelving a publlc records request by either 1)
providing the record; 2) acknowledging that t11e Cityhas received the request and providing a reasonable estimate ofthe time the
Cl'ty will reqvire to respond to the request, to locate and assemble the inforznation requested, to notify thlyd persons or ageacles
affected by the request, or to determine whether any of the informatlon requested rs exempt and that a denlal should be made as to
all or part of the request or; 3) denying the request,. In acknowledgiagreceipt ofa request that Is unclear, the City may ask the
requestor to clanfy what Information the requestor is seeking. See Ordinance No. 21.
.eq
es jes tha the records requested shall not be used for commercial purposes. ~..r
Signature Date
. ~ > >
City of S'pokane Valley
Building Dept
Receipt
Receipt Nurnber: 1780 Customer Nuntber
Proiects Miscellaneous Items
Code Descri,vtion .Q v Price - Aniount -Taz PAID
COPIES COPIES 3 0.150/ COPIES 0.45,0:00, 0.45
Totals: 0.45,,. 00; 0.45
Total PAID: $0.45
Tender
r. _
Type-' Check 'Balance CCNIir ExnDate, TENDERED
1.00
. _ _ . - . ~ _ . _
Payer: > _ _
Total TENDERED: 1.00
. Over / (Short) $0.00
. Change $0.55 Notes:
Tran Date / Time: 06/27/2005 10:52:41 AM
By: MTURBAK
Logoic User: m ktu rba k
StRtioft: CX SV00015 '
Override By:
Printed: 061271200510:52:43 AM Page 1 ojl
Message Page 1 of 1
Sandra Raskell
From: Kevin Severance
Sent: Friday, December 03, 2004 11:05 AM
To: John Hohman
Cc: Sandra Raskalls
Subje .
John,
After reviewing the certification packages for Shelley Lake 2nd and 4th additions, I've found a list of major issues
pertaining to the deficiencies of each of them. The lists are as follows:
Sheltey Lake 2nd Addition 1.) The engineer is only certifying that the project was, at one time, in aompliance with the approved design and
all applicable standards. He makes no guarantee that the home builders and/or new home owners haven't gone
in and substantially changed any of the items certified. Even though there was no walk-through made or any
confirmation made at the time of ultimate perfection and it is obvious that things are not in that condition any
longer, if they ever were.
2.) The last correspondence in the cert. package is from 1999. This was following a memo from Spokane
County Utilities informing them that they still had a failing manhole in their system. There is no confrmation that
this was addressed further from either side. There is no mention of the walk-through that was made by us in
August, 2003 or the resulting repairs noted at that time. Not to mention the incomplete swales that had been
certified as not passing.
3.) Test results, particularly compaction and density #s, have been rounded up in order to reflect passing
percentages. There is also no temperature measurement shown with the asphalt density tests to confirm that
passing re-tests could actually have been acheived.
4.) Field reoort #50 Where was the contractor paving? Report reflects minimal field supervision of asphalt
placement. There's no log of tests taken. Tech claims all tests taken failed - then he had to leave. No passing
results have been submitted for this unknown location of pavement placement.
Shelley Lake 4th Addition
1.) The engineer is only certifying that the project was, at one time, in compliance with the approved design and
all applicable standards. He makes no guarantee that the home builders and/or new home owners haven't gone
in and substantially changed any of the items certified. Even though there was no walk-through made or any
confirmation made at the time of ultimate perfection and it is obvious that things are not in that condition any
longer, if they ever were.
2.) The last correspondence in the cert. package is from March, 2003. This was referring to sewer construction
taking place. No further correspondence relating to anything above the sewer line or its passing status as a
system are included. There is no mention of the walk-through that was made by us in August, 2003 or the
resulting repairs noted at that time.
3.) Test results, particularly compaction and density #s, have been rounded up in order to reflect passing
percentages. There is also no temperature measurement shown with the asphalt density tests to confirm that
passing re-tests could actually have been acheived.
12/3/2004
.
a
~
/
S,;OOWVaIIey 11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206
509.688-0053 ♦ Fax: 509.921.1008 ♦ cityhall@spokanevalley.org
March 18, 2004
Mr. Robert Heitman Jr.
8225 N. Division St
Spokane, WA 99208
Shelley Lake Construction Deficiencies
Mr. Heitman,
Thanlc you for sending Sean Montez to meet with us on March 15, 2004 regarding the
construction deficiencies at the Shelley Lake development. The construction issues are
related to four phases of the project. Based upon our site visit, we have compiled the
following list of deficiencies that must be addressed. Please check with your inspector,
STI Northwest for any additional items that they may have.
Shellev Lake PUD
• Replace concrete cap at 4`hand Cannery with ACP.
• Fine grade three ponds located near Moore Lane per design dimensions, irrigate,
and establish sod.
• Gravel must be removed in the swale bottoms at the north end of Sonora Lane and
replace with sod.
Shellev Lake 2"d Addition
• Fine grade swales per design dimensions, irrigate, and esta.blish sod. Ensure that
all drywells are 8 inches above swale bottoms.
• Cation exchange testing must be completed. .
• Repair asphalt and curb settlement on Shelley Lake Lane in the vicinity of sewer
manhole.
• Repair concrete cross gutter at Galway and 9t'. Mortar lid frame to sewer manhole
cone.
• Replace curbs at island entry feature.
• Rotchford: repair two settlement areas of street, curb, and sidewalk; one near
Galway and one near transition to in.itial phase of project.
• Rotchford: seal gaps between curb and sidewallc.
i
,
• Rotchford: install new drainage inlet to Pond A in area of ponding along
southbound lane. Submit an inlet detail stamped by engineer for review and
approval.
• Rotchford: grade and fill area of previous cul-de-sac.
• Rotchford: grind off excess asphalt in southbound lane.
• Rotchford: repair asphalt patch at existing inlet to Pond A.
• Rotchford: repair cracked sidewalk panels.
Shellev Lake 3`d Addition
• Verify proper volume of Pond AB.
• Raise drywell inlets 8 inches above pond bottom in Pond AB.
• Place rip-rap in Pond AB outlet.
- • Cation exchange testing must be completed.
• Repair crooked inlet grate in westbound lane of Shelley Lake Lane.
Shellev Lake 4thAddition
• Submit new drainage plan for this phase to reflect what has been constructed. Any
revisions to plans required during our review will need to be constructed.
Please note that the above items are the main items to be fixed from the City's
perspective. This is not an official punchlist. The project inspector must be contacted to
generate the official punchlist.
I appreciate your cooperation on completing these projects. Please contact me at 688-
0185 if you have any questions.
Sincerely,
`l .
John Hohman, P.E.
Senior Engineer
cc: Bob Graham, STI
Randy Stronks
File ~
T
Saywers • - - •
Menw
TW. Buster Heitman Via Fax
Fr+om: John Saywers
CCa File
Datw. March 22, 2005
k¢: Qheki.eyhakeift ~ - ~ L►ist~iterns~'
Buster,
I had meetings today with STI Northwest and Metro Engineering regarding the punch list
'rtems pending qn previQUs Shelley Lake Rhases. Here is a summary Qf Qutstanding items according to Joel Lee and Ryan Spidahl of Metro Engineering and John Morehead of STI
- - . . . - - - - - - - -
Northwest.
1. Shelley Lake PllQ
• As far as anyone knew this one is complete except for tthe pond issue, This is a City certificaaon as the County did the inspecbion on this one.
2, Shelley Lake 2"dAddition
• Fine grade swalgs per design dimensions, inigate, and establish sod.
Ensure that all drywell are 8 inches above swale bottoms. Not verified by ST/ for certirication at thls tfine.
• Cation exchange testing must be completed. Note: STI letter stating test
failed 4,/21/04 to Bob Heitman from Bob Graham.
• Repair asphalt and curb settiement on Shelley Lake Lane in Yicinity Qf
sewer manhole. Not verffied ky STI fQr cert~f"rcatfon at thfs time. • Repair concrete cross gutter at Galway and e, Mortar lid firame to sewer
manhole cone. IYot verffi'ed by STI fctr certification at this time.
• Replace curbs at island entry feature. Curbs have been sea/ed,~ John
- - - -
Hohman didn't like the IQak but was ok with them.
• Rotchford; repair iwo settlement areas of street, curb, and sidewalk: one
near Galway and one near transition tQ initial phase of project. Sfdewa/k
has been repaired per Ryan but he didn"t know what John Hohman
wanted t+o do on the settlement areas.
1
~ - ~ • - Rotchfarrd; seal gaps betvveen curb and sidewalk. CCampletedperRyan.
Rotchford: irrstall new drainage infet info Pand A in area of pondtng along
southbound lane. Submt an infe# detail stamped by an engineer fbr+r+eview
and approual. Jhfvt verifredby S77 W certificaigon at this Hme,
• RQtchfard: grade and fiII area of prevaous cu.I-_de=-sa.c: ~Il~t ver--~ed -~y $~'x
~r ~rt,if~cation at #~ais #in~e. - - - - - - -
• Rotchfibrd; grind off exc.es~ aSphaft in southbound lane. No# verffied hy
S71 fo~ cerWicadon at thfs #me.
• Rotohford: repair a-sphalt patch a# exisfing inlet to Pond A. Corrrpietedper
, Ryart buf nof verified 6y ST1 fhr cerUfication at tfiis time.
W Rotchford: repair craciced sidevvalk panels. Cvmpfe(W pw Rjrap but not
. verifr~ by S77 for certification at this ffme, 3, Sheliey Lake 3" Addition
• AU items c.ornpleted and warting for letker from .lohn F#ohman,
4. Shelley Lake 4!hAddition .
_ • Submi# nevrr drainage, plan for this phase ta reflect wtrat has -been
constructed. Any tevisiQns to pIans required durang oyr [eview will rreed. #Q
W cQnstruaed. 1 ast VYe-Or~esday 1 mef witfr ,.Iohn HiphMa~ and Sandra
14askeJf regarding #his issue. CZC submlt#eaf these plarrs fn May of
2004 and recefved commen#s on May 14, ?M but did nQt m-spond to
fhe c-o-rrrn?ertts. f r~ow have tfr~ comrti~nis anc# the p.la+ns subtnitted
• See attaphed 1ener dated .➢ufy 16, 2004 from IVfetro Engineering shawing
the punch list items from a ,luly e walic-thraugh with John"Hohman. -
Per our discussions Ebelieve mg5t of tbrese items have Wen cQmpre#ed, We need John
Morehead from 9TI tp cer#fjr these i#ems ta the CEty in order to c1ose these projects. The carnments ta the plans subrnftd by CLC arso need to be addressed. Please call when you
get a chan~ so we can discuss #hese items,
Sincerefy, ,lohn Saywers
0 Page 2 .
i -
~
aVWers.-En"qineenn9_
MeMMD
Tok B1J5ter HBitr"flafl Vi8 Fa}C
, Frvm: Jo}'in Sa]dWeFS
m FJ~e
Da4m NoVeF3'1be1' 30, 20[4 - iFte: Shefley Lake Punch List Items t
Buster,
ihad maetings foday with ST] Northwest and Metro Engineering regarding #he pc,nc4 Iist items pending on prev[ous Shelley Lake phases. Here is a surrEmary af aufstanding Rems
according #o Joel Lee and Ryan Spfdahl af Metro Engineering and John Morehead +of STl
Northwest
1, ShelEey Lake PUD
■ As far as anyone krnew this ane is cornpfete except fbr tIne pond issue. This
is a City certificakion as the County did the inspechon on this one.
2. Shelley Leke 2"4Addition
• Fine grade svvales per design dimensions, irrigate, and e-stab[ish sad.
Ensure that alf dryweki are B inches abaue swale ba#toms. 1Vat verffled by
S77 for certfflcadon at thrs iirrre.
~ation exchange testing mus# #e cvmpleled_ Nore: ST11efter s#atirrgr fest
faifeaf 4127104 to 8ob Fleifrnan fram Bob Graham,
• Repair asphalt and r.urb settlerrtent on Shefley Lake ? ane in viciniky of
sewer manhole. Afof verified by ST7 forcert#caffon af this time.
• Repair conorret.e c;ross gutter at Gafway and 9"'. Mor#ar lid frame' to sewer
manhofe cone. Not venrted by STf for certifycat;orr a# this ffrne.
• Replace curbs a# island entry feature. Curbs have been sealed; John
Hohman didrx't lrke the Jook but was ok whh them.
• Rotchford: repair #wo setdement areas of street, curb, and sideusrafk; ane
near GaIway and ane near transition to irritial phase of praject Sidewafk
has #reen repa%red per Ryarr #uf he didnY #crnaw whaf John Hahman wanted fa do on tfae sefflemerrt areas. ~ .
~ cl (sOs) s.,am~~s Uu~r clLE=10 to 91
d ■~'~i~
r
• Rotchford: seal gaps between curb and sidewalk. Completed per Ryan. • Rotchford: install new drainage inlet into Pond A in area of ponding aiong
southbound lane. Submit an inEet detail stamped by an engineer for review
arzd approva{. Alot vetWied by ST/ for cefffication at this time.
• Rotchford: grade and fill area of previous cu6-de-sac. Not verffi'ed by STl
for cerifffcation at this time.
• Rotchford: grind off excess asphalt in southbound lane. Not veriried by
STl► for certffication at this time.
• Rotchford: repair asphalt patch at existing inlet to Pond A. Completed per RyaR but not verifred by ST/ for certfft-catfon at thls time.
• Rotchford: repair cracked sidewalk panels. Completed per Ryan but not
verffied 6y STl tnr cerffication at this time.
3. Shelley Lake 3"d Addition
• Ali items completed and waiting for letter from John Hohman. •
4. Shef{ey Lake 4"' Addition
0 Submit new drainage plan for this phase to reflect what has been
constructed. Any revisions to plans required during our review will need to
be oonstructed. Last Wednesday l met with John Hohman and Sandra
Raskell regarofing tfiis issue. CLC submftted these plans in May of _
2004 and neceived comments on May 14, 2004 but did not respond to
the comments t now have the comments and the plans submiffied.
• See attached letter dated July 16, 2004 from Metro Engineering showing
the punch list items from a Jufy walk-through with John Hohman.
Per our discussions I believe most of these items have been compfeted. We need John
Morehead from STI to certity these 'rtems to the City in order to close these projects. The
' comments to the plans submitted by CLC also need to be addressed. Please call when you
get a chance so we can discuss these items.
Sincerety,
John Saywers
• Page 2
z• d ZOEO- fibL (60S ) sjamReS uyor d6Z = T 0 t0 9 Y oaa
METR O ENGdNEERl'liTG,1rNC.
Civil Engineeririg aitd Project Managenienl Sen,ices
~
July 16, 2004
Buster Heitman
Ridgecrest Development
82251Vorth Division Street
Spokane, WA 99208 Sent Via Fax 467-2578
RE: Shelley Lake 4hAddition - Punchlist #1
Metro Engineering, Xnc.'s Project # STI-Shelley4th
Dear Buster: '
On July 9th, 2004 a walk-through was complc:ted for the above project with John Hohinan
of the City of Spokane Valley Engineering Department. The following is a"punchlist" of
items that need to be completed on Shelley Lake 4`h Addition, per thc approved
construction plans:
1. The W.S.D.O.T. Catch Basin located at the northwest curve of Shelley Lake Lane has an approximate 5" depression. The plans call out for a 2" depression. The
r, catch basin will need to be raised with at least a 2" riser. At this tune, the
concrete apron around the catch basin will need to be replaced as well. .
2. There are many cracks in the curb/gutter that will need to be removed and
replaced. Probably due to constrction ai-ound the site, the tops of the curbs have
been run over and have fractured. I have marked the curbs needing replacement
with a red "marker" crayon. The marks will not last very long, so I would advise -
Bob Heitman or Shawn Montez to have a look at the curbs marked with a"Red"
circle. It was determined by the either the Spokane Valley or myself which curbs
will neeci repairs.
3. Pond A and Pond B are adcquately sized per the design plans. However, the
ponds wili more than likely need to have sorne sort of irrigation means to aid in
the germination of the dryland seed. The ponds currently are filled with weeds
and are not consistently "flat" at the bottom of the pond. 'I'he pond should be
graded to create a flat bottom throughout the pond.
4. Pond A will need a new concrete apron at the inlet. The current inlet is cracked
which seems to be from erosion of rnaterial underneath the apron.
5. Due to the new locarion of Pond C, the City of Spokane VaIley has informed me
that they still do nol have the most current set of plans. I contacted Autumn
Friday @ CLC Associates to find out what the stahis of those plans are and when Y
can get a copy. I left a message for her to ca11 me back. Once I have received
.
~ those plans I can do a more thourough inspection of the project and make sure that
Pond C and D are adequately sized and in conforn-iance with the design plans.
S. 324 Sherman Sl. Spokune, bYcrshingtat 99202 Ph.: 509-624-9351 Fax: 509-629-81 S3
6 'd ZOEO--HrL (60S) sjamReS u4oC d62=T0 ~,0 9T oaQ
~
~ If you have any questions, piease call me at.624-9351 (office) 579-7204 (ceIl). _
Sincerely,
MetYa Engin eering, In c.
Ryan Spidahl, E.I.T. ' Design Engineer -
cc: Project File
S. 324 Sherman St. Spokane, Washington 99202 Ph.: 549-624-9351 Fax: 509-624-8153
~'d z0E0-~'~G (60S) siamRes uyoC dBZ=TO i►0 91
~aQ
Fax Transmittal "
ftmlecowrr
Development Services Department
Division of Engineering and Roads
(509) 477-3600
. Fax (509) 477-7655
Date: May 29, 2002
To: Doug Desmond Fax No: 458-6844
Company: CLC Associates
From: Cindy Callan Number of Pages: 5
Subject: P1750D Shelley Lake 4th Addition - Pre-design Meeting Notes
Doug,
Let me know if you have any questions.
Cindy .
02/05i03 15:39 F"Z CLC Assocfates, Inc. uo01
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http://www_secsta.te.wa.gov/corps/search detail.aspx'?name=SBELLEY+LA,KE+ESTA,TES+HOMEOWNF... 2/5/2001
/03
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707 W. 7TH AVE. T R A N S M I TTA L
SUITE 200 "
SPOKANE DENVER
WASHINGTON 99204
P 509 458 6940 S PO KAN E
F 509 458 6644
D~
ALT LAKE CITY
CLC A55OCIATES C E W S
~
To: Citv of SDokane Vallev ATE: 9/5103 ~
7FD l j 11707 East Snraaue pRp,~c) 4144 Le~
NAME:
Spokane Vallev
~ PRDJ ECT
"TTN: John Hohman N U M B E R: s020134
WE ARE SENDING:
ENCLOSED UNDER SEPARATE X DOCUMENTS COMPUTER DISCS
PRINTS REPRODUCIBLE:3 REPORTS OTHER
COPIES DESCRIPTION
1 Easment packaQe for Temporarv DrainaQe Easement
r
FOR YOUR U5E X FOR YOUR REVIEW FOR YOUR APPROVAL SENTPERYOUR REQUEST
EXPRESS MESSENGER PICKUP U.S. MAIL
R E M A R K S: Please review and let us know if you require any changes prior to recording
C O PY To: File eY: Mike Hathaway
t '
After Recording Return To: City of Spokane Valley
Attn.: Engineering Department
Document Title: Temporary Drainage Easement
Grantor(s): C and G Partnership, Grant C. Rice, Naorni C. Scottberg and Shelley Lake Estates Homeowners Assoc.
Grantee(s): City of Spokane Valley and Shelley Lake Estates Homeowriers Association
Abbreviated Legal Description: A portion of Southwest'/4 of Section 24, Township25 N. and Range 44 East
Legal Description: See Attached Exhibits A and B.
Assessor's Tax Parcel Number: A portion of Parcel No 45245.9155
CITY OF SPOK:.ANE VALLEY DIVISION OF ENGINEERING
City of Spokane Valley, Washington
TEMPORARY DRAINAGE EASEMENT
1N THE MATTER OF Shelley Lake Fourth Addition
KNOW ALL MEN BY THESE PRESENTS, that the Grantor(s), C& G Partnership, Grant C.
Rice, Naomi C. Scottberg and Shelley Lake Estates Homeowners Association for and in
consideration of Mutual Benefits, the receipts of which is hereby acknowledged, grants to City of
Spokane Valley, a political subdivision of the State of Washington, and the Shelley Lake Estates
Homeowners Association, an Easement over, upon, and across the temporary drainage area,
legally described in the attached Exhibit A and B.
The Easement granted to City of Spokane Valley, its authorized agents and the Shelley Lake
Estates Homeowners Association is for the purpose of allowing stormwater drainage andlor
runoff over and across the above-described lands, including but not limited to disposal into a
drainage facility or facilities located within the same above-described lands. The Grantor(s),
their successors in interest and/or Shelley Luke Estates Homeowners Association, hereby agree not
to obstruct, artificially collect or discharge the flow across or adj acent to the above described
lands. The Grantor(s), their successors in interest andlor Shelley Lake Estates Homeowners
Association, agree that The City of Spokane Valley accepts no responsibility for mainta.ining this
Easement. The Easement grants to The City of Spokane Valley, its authorized agents andlor the
Shelley Lake Estates Homeowners Associution, the right of ingress and egress to, over, and from
said Easement for the purpose of inspection and emergency maintenance of drainage facilities.
The Grantor(s) andlor their successors in interest hereby accept complete and total responsibility
for the construction of the facilities located within this Easement per the accepted road and
drainage plans on file in the office of the City of Spokane Valley Engineer. The Grantor(s), their
successors in interest, and/or the Shelley Lake Estates Homeowners Association, hereby accept
complete and total responsibility for the perpetual maintenance of the facilities located within
this Easement. If the Grantor(s), their successors in interest and/or Shelley Lake Estates
Homeowners Association fail to maintain the facilities, a notice of such failure may be given to
the Grantor(s), their successors in interest and/or Shelley Lake Estates Homeowners Association.
If not corrected within the period indicated on said notice, The City of Spokane Valley has the
right to correct the maintenance failure, or have it corrected, at the expense of the Grantor(s),
their successors in interest and/or Shelley Lake Estates Homeowners Association.
This Easement will terminate at such time the described areas are platted. At that time, the
property subject to the Easement described herein shall revert to Grantor(s), their successors in
interest andlor Shelley Lake Estates Homeowners Association free and clear of any claim by The
City of Spokane Valley and its assigns to the continued right to use property subject to the
Easement.
The Grantor(s), their successors in interest and Shelley Lake Estates Homeowners Association
hereby release The City of Spokane Valley, and all of its officers, employees and agents from any
responsibility or liability for any damage whatsoever including inverse condemnation by or to
any and all persons or property arising out of or in any way incident to or attributable to the storm
drainage within the Easement.
This Easement described hereinabove is to and shall run with the land. No modification of the
boundaries of said Easement can be made without prior approval of T'he City of Spokane Valley.
Dated this day of 2003
C & G PARTNERSHIP
By:
GR.ANT C. RICE
NAOMI C. SCOTTBERG
SHELLEY LAKE ESTATES HOMEOWNERS ASSOCIATION
By:
STATE OF WASHINGTON )
) ss.
County of Spokane )
On this day of 2003, before me, the undersigned, a Notary
Public in and for the State of Washington, duly commissioned and sworn, personally appeared
, to me known to be a Manager of C& G Partnership, a
Washington general partnership that executed the foregoing instrument and acknowledged the
said instrument to be the free and voluntary act and deed of said general partnership for the uses
and purposes therein mentioned, and on oath stated that he is authorized to execute the said
instrument.
Witness my hand and official seal hereto affixed the day and year first above written.
Notary Public in and for the State of
Washington, residing at Spokane
My Appointment Expires:
STATE OF WASHINGTON )
) ss.
County of Spokane )
On this day personally appeared before me Grant C. Rice, to me known to be the
individual described in and who executed the within and foregoing instrument, and
acknowledged that he signed the same as his free and voluntary act and deed, for the uses and
purposed therein mentioned.
GIVEN under my hand and official seal this day of 2003.
NOTARY SEAL
Notary Public in and for the State of
Washington, residing at Spokane.
Appointment expires:
STATE OF WASHINGTON )
) ss.
County of Spokane )
On this day personally appeared before me Naomi C. Scottberg to me known to be the ,
individual described in and who executed the within and foregoing instrument, and
acknowledged that he signed the same as his free and voluntary act and deed, for the uses and
purposed therein mentioned.
GIVEN under my hand and official seal this day of 2003.
NOTARY SEAL
Notary Public in and for the State of
Washington, residing at Spokane. •
Appointment expires:
STATE OF WASHINGTON )
) ss.
County of Spokane )
On this day of 2003, before me, the undersigned, a Notary Public in
and for the State of Washington, duly commissioned and sworn, personally appeared
, to me known to be the PRESIDENT of Shelley Lake
Estates Homeowners Association, a Washington nonprofit corporation, the corporation that
executed the foregoing instrument and acknowledged the said instrument to be the free and
voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on
oath stated that he is authorized to execute the said instrument.
Witness my hand and official seal hereto affixed the day and year first above written.
Notary Public in and for the State of
Washington, residing at Spokane
My Appointment Expires:
LEGAL DESCRIPTION FOR - DRAINAGE EASEMENT
That portion of the Southeast one-quarter of Section 24, Township 25 North, Range 44
East, W.M., City of Spokane Valley, Spokane County, Washington described as follows:
COMMENCING at the South one-quarter corner of said Section 24; thence North
00018'10" East along the West line of said Southeast one-quarter a distance of 1911.45
feet; thence South 89041'50" East a distance of 819.16 feet to the TRUE POINT OF
BEGINNING; ' Thence North 28°27'40" East a distance of 120.30 feet;
Thence South 61 °22'36" East a distance of 105.73 feet;
Thence South 31 °39'29" West a distance of 103.08 feet;
Thence North 71 °14'02" West a distance of 101.43 feet to the TRUE POINT OF
BEGINNING; Containing 11,456 square feet or 0.26 acres.
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ExPIaEs os
J:IDOCUMENT1S0201341LegalslDrainage easement.doc
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EXHIBIT
DRAINAGE EASEMENT
SOUTHEAST ONE-QUARTER OF SECTION 24, ,
TOWNSHIP 25 NORTH, RANGE 44 EAST, W.M., CITY
OF SPOKANE VALLEY, SPOKANE COUNTY, WA
a
SCALE PROPOSED SHELLEY
,"=so' LAKE 4TH ADD TION
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CORNER OF SECTION 24 - ' J:\Land Projects\S020134\dwg\EASEMENTS.dwg 09/04/2003 (DRAINAGE ESMT) :
Message Page 1 of 1
Sandra Raskell
From: Kevin Severance
Sent: Friday, December 03, 2004 11:05 AM
To: John Hohman
Cc: Sandra Raskell
Subject: Shelley Lake 2nd and 4th addition Cert.
John,
After reviewing the certification packages for Shelley Lake 2nd and 4th additions, I've found a list of major issues
pertaining to the deficiencies of each of them. The lists are as follows:
Shelley Lake 2nd Addition ,
1.) The engineer is only certifying that the project was, at one time, in compliance with the approved design and
all applicable standards. He makes no guarantee that the home builders and/or new home owners haven't gone
in and substantially changed any of the items certified. Even though there was no walk-through made or any
confirmation made at the time of ultimate perfection and it is obvious that things are not in that condition any
longer, if they ever were.
2.) The last correspondence in the cert. package is from 1999. This was following a memo from Spokane
County Utilities informing them that they still had a failing manhole in their system. There is no confirmation that
this was addressed further from either side. There is no mention of the walk-through that was made by us in
August, 2003 or the resulting repairs noted at that time. Not to mention the incomplete swales that had been
certified as not passing.
3.) Test results, particularly compaction and density #s, have been rounded up in order to reflect passing
percentages. There is also no temperature measurement shown with the asphalt density tests to confirm that
passing re-tests could actually have been acheived.
4.) Field reDort #50 Where was the contractor paving? Report reflects minimal field supervision of asphalt
placement. There's no log of tests taken. Tech claims all tests taken failed - then he had to leave. No passing
results have been submitted for this unknown location of pavement placement.
Shelley Lake 4th Addition
1.) The engineer is only certifying that the project was, at one time, in compliance with the approved design and
all applicable standards. He makes no guarantee that the home builders and/or new home owners haven't gone
in and substantially changed any of the items certified. Even though there was no walk-through made or any
confirmation made at the time of ultimate perfection and it is obvious that things are not in that condition any
longer, if they ever were.
2.) The last correspondence in the cert. package is from March, 2003. This was referring to sewer construction
taking place. No further correspondence relating to anything above the sewer line or its passing status as a
system are included. There is no mention of the walk-through that was made by us in August, 2003 or the
resulting repairs noted at that time.
3.) Test results, particularly compaction and density #s, have been rounded up in order to reflect passing
percentages. There is also no temperature measurement shown with the asphalt density tests to confirm that
passing re-tests could actually have been acheived.
12/3/2004
i
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~DECLARATION OF ANNEXATION
SHELLEY LAKE PUD, by and through the undersigned, hereby annexes the following
described property:
See Exhibit A.
No part of the annexed property is added to the Common Area. It is understood and agreed that
this Declaration of Annexation will be effective only upon recording in the real property records
of Spokane County, Washington, and that said Declaration of Annexation will be held by the
owners of the above-referenced real property until such time as such owners may elect to record
the Declaration of Annexation.
Dated this '2-1,Jday of l~~ ~e,.u 6e.r- , 2002,
SHELLEY LAKE PUD
BY . 4 14
Its "Ogt~,~,
EXHIBIT A
LEGAL DESCRIPTION FOR
Shelley Lake Fourth Addition
That part of the south half of Section 24, Township 25 North, Range 44 East W.M.,
Spokane County, Washington more particularly described as follows:
BEGINNING at the southeast corner of Lot 2, Block 4, Shelley lake Second Addition (A Planned
Unit Development) according to the plat thereof recorded in Book 25 of Plats, pages 93-94,
records of Spokane County; thence along the easterly line of said plat the following three
courses:
1} thence North 00°46'03" East a distance of 110.00 feet;
2) thence South 89°13'57" East a distance of 7.84 feet;
3) thence North 00°46'03" East a distance of 88.53 feet to the southwest corner of Lot
9, Block 3, Shelley Lake Third Addition (A Planned Unit Development) according to the plat
thereof recorded in Book 27 of Plats, Pages 5-6, records of Spokane County; thence along the
southerty and easterly lines of said plat the following ten courses:
1) thence North 81 °40'34" East a distance of 292.77 feet;
2) thence South 76°01'28" East a distance of 71.90 feet;
3) thence South 63°38'49" East a distance of 124.32 feet;
4) thence South 45°11'48" East a distance of 155.27 feet;
5) thence South 55°17'S6" East a distance of 30.40 feet;
6) thence South 46°00'27" East a distance of 101.72 feet;
7) thence North 41°15'44" East a distance of 136.21 feet;
8) thence along a non-tangent curve to the left, whose radius is 530.00 feet, the
radius point of which bears North 25°57'03" East, through a central angle of 1034'49", along an
arc distance of 14.62 feet;
9) thence North 24°22'13" East a distance of 30.00 feet;
10) thence North 29°07'19" East a distance of 134.12 feet;
thence South 59°51'13" East a distance of 60.11 feet; thence South 76°54'20" East a distance of
71.13 feet; thence North 84°26'S6" East a distance of 73.70 feet; thence South 82°12'27" East a
distance of 138.59 feet; thence South 57°02'10" East a distance of 145.02 feet; thence
South 00°09'39" West a distance of 273.84 feet; thence South 25°31'S9" West a distance of
182.92 feet; thence North 61 °31'38" West a distance of 179.42 feet; thence
South 28°27'40" West a distance of 86.09 feet; thence North 83°2326" West a distance of
355.08 feet; thence North 71 027'52" West a distance of 112.33 feet; thence North 5401014"
West a distance of 101.18 feet; thence North 46°00'27" West a distance of 160.10 feet; thence
North 50°56'45" West a distance of 73.81 feet; thence North 81 °03'11" West a distance of 53.22
feet; thence North 89°21'46" West a distance of 140.00 feet; thence North 69052'51" West a
distance of 148.38 feet to the POINT OF BEGINNING;
encompassing 494,700 square feet or 11.36 acres, more or less.
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• PLAT AND DEDI CATI ON ~
, SHELLEY LAXE - - - • (A PLANNED UNIT DEVELOPMENT) -
'PAGE 1
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And they do hereby dedicate to public use farever the public streets and roads shown within this plat. Lots 14 and 15 81ock 3, txing o one--foot (1') wide strip as shown '
hereon, is hereby dedicated to Spokane County as genErol county property, to be dedicated
for rood purposes forever, ot such time os tha rood is continued as o full width right of
way, or until adjacent lands are platted. ' .
. Side yard and rear yord setbacks shall be determined ot the time building permits are • .
requested uniess these setbacks are specifically drofted on this finoi. p{at. The setbocks •
• indicvted on this subdivision may be varied from if proper zoning opprovais are obtoined. • A public sewer system wi(I be made ovailable for the ptot and individuo) service wi!( be
provided to each lot prior to sale. Use of individuo( on--site sewage systems sholl not be
outhorized. • The' public wvter system, pursuonE to the WATER PLAN approved by County and State Heolfh
outhorities, the local fire protection district, County Building ac Safety Department. and ' water purveyor, sholf be instol(ed within this subdivision, ond fhe subdivider/spvnsor .•.shall provide for individuot domestic water service as well os fire protection to eoch loi prior to sale of each lot and prior to issuance of a buiiciing permit for each 1ot. Use of ' .
private wells -ond water 'systems is prohibited.
The owners of oll (ots within this subdivision sholl be members of the SHELLEY LAKE • '
' HOMEOWNERS ASSOCIATI4N a homeowners association ereated by document recorded
, NOVI-:MPSeR i~J_1.!`t V_ by the Secretary of State of the State of Washin1ton under U.B.I.
Number tO n1252 e:;'1-7 ond subject tu the Articles oi Incorporotion anc 8y;ur.ts thereof.
Sub ject to the DECLARATION OF PROTECTlVE COVENANTS FUR SHELLEY IAKE HOMEOWNERS ASSOCIATIt
as recorded under Auditor's Document No. which by reference •is • mvde o.
part hereof. . . . • • . • .
Tracts "A:: thru "P" inclusive and droinage easements shown on ttiis p(at are • hereby-^_:_.
dedicated to the SHELLEY LAKE HOMEOWNERS ASSOCIA710N. Tracts "A" thru' "P" inclusive' cannot •
be sold or tran.sferred and shall be considered subservient estates for tax purposes, to the
other lots created herein. 7he status of the orevs designoted os subservient estotes for
tvx purposes connot be changed without filling o replat. Should the SHEL.LEY •LAKE HOMEOWNERS ASSOCIATION be terminated for any reason, the successors in interest for Tracts ."A" through "P" inclusive shall be the individual lot owners of lots wittiin this ptot, or
their sucr.essors in interest, who vre members of the SHELLEY IAKE HOMEOYINERS ASSnC1ATlON
ot the time of soid termination. . • " . . .
The privote roads os - shown hereon, are easements which provide a meons of ingress ond,... egress for those lots within the plat having frontage thereon ond not more than 8 lots ,
adjacent to Shelley Lake to the east, not within this plot.
- uLA`l' ANll ULll1C:P.`i 1.UN SHELLEY LA.KE. ~A PLANr1ED Ur1IT D. ~ODMEN T) ' . .
- ' PAGE 2
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• WARNING: Spokane County has no responsibility to buiid, improve, or maintain or otherwise -
service the privote roads, contained within or providing service to the property described
in this plot. By accepting this plot or subsequently by allowing a building permit to be: issued for property on a private rood, Spokane County assumes no obligation for said,--.
privote road and the owners hereby acScnowledge that the County has no obligation of any.-
kind or nature whatsoever to establish, exomine, survey, construct, olter, repair,
improve, maintain, or pravide drainage or snow removol on a privote road. This requirement '
is ond shalf run with the land ond shall be binding upon the owner(s), their heirs. ' . •
successors or ossigns including the obligotion io _porticipote in the mointanance of the •
private road as provided herein.
The County of Spokane is hereby granted the right of ingress and egress to atl privote
-
. roads, common areas and/or drainage easements. . - .
Drainage eosements over Tracts B. C, F. G, J, L, M. N. and O and over Lots 3 ond 4 of 81o~k 6, as plotted and shown hereon, which ore for the purpose of insta!ling, operoting, and maintaining drainage swoles and droinage faciiities to dispase of runoff, are hereby
gronted to the public.
The privote roads and droinage easements ore subject to the Seporote Oeclarotion of
'Covenont os recorded QEC. I P5, 1996 under Auditor's Document No. d ntA3<<9 which by reference is made o port hereof.-
No direct access shall be allowed from lots to 4th Avenue, Rotchford Drive and Conklin
. Road. ' - -
At the time of opproval of the final plat, this property fell under the jurisdiction of. the Washington State Shoreline Manogement Act, RCW 90.58, and the Spokane County Shoreline "
Progrom, WAC 173-19-400. Any development of this property shall only proceed in strict
• complionce with the Shoreline Act rules and' regulations in effecf aE the iime ot permit issuance. - - • Development within this subdivision shall conform to the requirements of the fNationaf
Flood Insurance Progrom and Chopter 3.20 of the Spokane Caunty Code. Purchasers of the .
property within this subdivision ore warned of Possib(e ftooding or ponding aAd., the -
. potentiol requirement to purchase. flood insurvnce. This warning shall be corried in eoch and every deed drawn to transfer ownership of any and all property wilhin the plat in the .
orea of speciol flood hazard. ~ . `
The owner(s) vr successor(s) in interest vgree to authorite the County to place their
name(s) on o petition for the formotion of ULID by petition method pursuant to RC`N 36.94,
which petttion includes the owner(s)' property; and further not to object by fhe signing of a protest petition against the formotion of o UUO_ by resolution meihod pursuant to RCW.
Chapter 36.94. which includes the owner(s)' property. PROVIDED this condition shall not
prohibi{ the owner(s) ar successor(s) from objecting to any assessment(s) on the property, .
as a result of improvernents cotled for in conjunction with the formation 'of o ULIO by• •
either petition or resolution method under RCW Chopter• 36.94. '
• Utility easements are hereby granted to the serving utility companies over o ten foot .(10') wide strip adjoining all public ond privote rood right of ways ond olso over the
privote roads for the construction, reconstruction. rnaintenonce and operation of
utilities. 7ogether with the right to inspect said utilities ond to trim ond/or remove*
brush and;'trees which moy interfere with the canstructiori, ~nciintenance and operation of sa.me..~ . . . • . . - , - . • -
.•.A'sewer cosement is hereby gronted over v tifteen foot (15') wide strip in Lot 3 ond Lot 4
• " ,
4069119 ' ~ . hgt; 2 ~I 1
h r. ( el ( • I2((111996 0f:91f
1r1ur19% a,atr liw~~i ..~r~ 1 acr Coy U.DO spol~a 4, YA
~ AXOMMA I '~y OD 111.00 SpOIUN CI, A • m'dw and Jninige Jitthe, u InJicital br the cumnl approval plw on file wiih the Caunlr EnXinoc1'8
Offiea
' Q~rLARATfON QP CQYt!NANT • . 14. Spoksne Counly Jou not ueept Iha rcSponnibilGr of nuln4afning the Jninare cauno on pdvUe ►oU witNo
. , Jninste wematu or flooJpl~in ucu, oot the ruponubillty for onr dninige, wluisacrcr, Ineluditcj but
nol Ilmiled lo lnvcne conJemiullon lo any propwrtl~ dw W dgfaicnl tonitrunloo andlor rtulnlenwu of
• dni~u~e cou~e, In Jnln~~e a~em~,~is on priv~~~ propenr,
In cneildendon of ihe sppror,l br Spnku+e Covniy of I'id /PB•1150, $IIELLBY LA1~ P.U,D., (AcRiMQer
nfirteJ lo a iM 'FIo1'). Iho unJcrsipnal tovcunls ind ogaa Ihdt IS, Whenaver T'lID SNQLL&Y URa IlOM80WNBa5 A3SOC1ATiON or ihelr aaesan Ir ialemt Gil to
~ troint.in the Jnlnage 6ellhla In confnmunu wbh Ihe approved dolntgo plm, a no0n of sac6 failun
1. The abfirlsiarbponax wi1l eanrlnM the ptivde mids und suxiilai Jrilnsge (Klqlla In eanfamunn ~ m+r be gIren io T110 SIIOLI.DY UK811OM40WNaR9 ASSOCIATION or Ihel► nkewon in inlsnwt,
wlth tM spproreJ plw on fib In Iho CounlJr 8nglnat's Olllee. ' br the County. If nol wnxlad witAln the perIoJ IndlntaJ on ulJ nollee, ihs Counq Au IM rilh1 lo
eorrect the m.lnien.neo felture or io h.w it eortatwl aI the .iipenso of ohs Ilon,oow,ws'i Auociauoo, or
1. A Iol In s.rv.J br the privste ro.J when: (0) tho oelr rosd fronace !or the lot In the PIa1 li on the priva►e • Ihelr weeauon in lai.rot,
roaJ; m (b) a lol hwlnj bw+bp oe mon IAan eeu roaJ (publia or privele) eamlrveU An ap+roaA lo Iho '
prlveie rad. . 16, Any bullJinp ih&i b ennain+eial on a lot In ihb pld ihail b. kl rl nch an davallan b u lo proviJo
poaUive dninaae awar from any JnlneSe enlry polnl lo Ihe bullJlng (inelwllnS hul not IImUad lo ik
T)IB SI1r-Ll.IiY LAKH 110MH OWN[I13 ASSQCU110N or ils iuetnsors In Interol thall rtulnl+in 16o wlnJow well, . winJaw unprotatal by a wiaJow well, or a Jooeway). Sdd podliw Jnlnata sAill toisaiil
privale rosJi and associaleJ Jninsge (uililies In eontornunce with Ihe approvcd plw on file in iAe of a minlmum slope o17 %+War hom Iho huilJlnj for a diqona of al Iwl 10 fat from the builJioO.
Counly Cnginw'i Offue. The lob aholl l+e gnJKI w ihd eUher a) dl runoff b routal awar from Iha Auildlng, Lnd canveyed ovcr
Ihe lot la a nstunl Jnino`o sweles or opprovad Jra{naja (scilily, or b) Jnlnaze iNereapial on the Ir' 'I
l. lbis owner(s) of any lal naiad br ihe Pld ot .llenlion Ihereof anJ rened 6r a prlvale road shdl he J(iMnu of an ihip lol In an appAVUd dninspe fuilily. 7a• approwal drJMi• belliiy shall Ae eon: '
taroniible (or rtuintrnince of triJ priwto roiJ, IneluJinj issoclaleJ Jnin►Qa (uilitics, in tonformanu ln tttarJanca wilh Ihe ipplo.al plam oe file d Ihe Counlr Lntinecr'o Offlre. Anr rcrbinns lo the
wiih ippraved plw on file wiib the Cuvnir Cnpineer's Offica approvcJ dninata pl.ro mtisi ha approvoJ br iho Camlr fieglncer's Otfia piior lu eonnrvaioa of
raviiiions.
1. 'Miinlmana finikndng nf 111e prirdS mSJS kml uvxNleJ Jnlnage (uilllia Shdl ba In o tnmeer
, 17, Th+s enven►nl anJ aguenKnl shall an wiih the ImJ mJ shall Iro binJing upoe iha owntt, IAdr hein,
• JeieindncJ hr TIIG SHCLLGY LAKQ IIOMO OWNLAS ASSOCIATION or ihe(r sueeeaor► in Inlenit,
, NcccLwn or ji»igns, incluJing the ubliCdian lo pieic(pde in Iho rtu(nlcnma of tha privdo roiiJ anJ
6, ShuulJ TIIQ 511C•LIGY IJtKII IfOMO OWNERS ASSOCIATION be hrminaled (or anr rwoe, IAe Jninaga facililies u proriJucl htrc+n,
weasien In lnicral shdl M the imllviJwl Iu1 owncrs, or Iheir tuetayors in Interut, who an memben •
of TIIG SUGLLGY I,AKG I{OMG OtVNLaS ASSOCUITON u iha limo of uiJ temunation.
1N W1TNE5S W116REaP, Ihe a(orwlJ ownen have haeunlo st1 thtfr hanJ Ihis Z-1)94ir of
1. In the wmt tuch private roiJs (neluJint a»alstcJ dr►inige (uflitla ire Improvad lo Spokane County
sianJ.rJs Gn puhlle eirats, u,J iA. Caunir Is wllllng In onept ihe deJie.ibn ef weh ro.J anJ Jnlnste
fe<flilfu, uelo lol owna whall •4eeure any eonvey.nee daumenli nauury to sunmpllsA +ueh JalleaIlon.
Ownars of luis Wiihin the Pbt who ero xrveJ br sircA rn.J rtiy rue mrJ raever Jsm,ge, MJ illorneys' ' SIILLLGY l~1KL DLVCLOPI~IGNTS, NCISON LUMO[R C0.
fw from onr owner of anp (nt within the PIaI which Is AIso «rvat who « fusu io puUclpsie in the ra~J ~
on Car~+ntirni
tnJ Jninege fuililiw tnn.lrveiion, linsnelng, anJ m.InimNCe. . . a Wuhinylo GEnenl ihnenhip A 4PJ1'IAR
9, 1VAANINOr S~akons Cnunlr bu no reaponiihllily to bu(IJ, improve, at ma(n1ain or olhenv9ie xrviw the IIYl
prtva(e mtJs anJ ovocidal Jninara fuilitiet tonu)ntJ wilhln ot proviJing urvice lo Ibe ptopcAy ~ ROOFi l,. IIGIT~fAN,1R, D C. N
6lSON, i4aiifml' ,
JeseiihoJ hy tha Pbi. Dr .ecrpNnp ihii PIaI or wbsequenllp br dlowinr a builJinl permil lo M 6sval Ocnonl PeAner 0./?d>t
(or propertr on a privaie m.J, 5pokana Cauniy utuma no oblitailon for s+id prlyde roiJ LnJ the ownen
her<hr acknrnvleJge ih.1 ihe Cnuntr hii no ohHColien uf .nr kinJ or noture whaisoever Io aiabli,h, aaimine, iurvey, tnnnlruct, dter, repa+r, improve, nulnUin, provlde Jninsta ar mow removal on a
privdt roaJ or ils eiueiNal dniniga fadlidu,
10. Srt+kms Caunty b A<reAy gnntul the rigM of fnereu mJ egnam lo dl prlvqe roiJs inJlor Jninige OANK OP MGRICA NW, N.A. Ja(ng C Qe 0 PARTNCflSIIIP,
uxmenl, fm ihe purpoto of inspoctloe anJ emertener nuinteauue of dnin,ge rvvela, mJ Lny wAat bwinm u fitiCldST UANK n wa,h;nc,on oen«,i ranne,>>,ip
dninsCa fuililia. If noi piopenr m+inuinad br TI10 SII6LL6Y UXII IIOM& OWNGRS ~
ASSOCIATION, or Iheir nutnwn (n 1Meres1. Spakene Counir Jou nof aeeepl the rupotiihlli+ylo Y- ,y`6'BYt ~LBtK~ n•t ~1;.i~ atOt{,ty~.
Inqpccl And nuinlain Ihe dninaga c►amcnh or Jrninige swalrs, nnr Jaa Ihe Caunlr Rctcpt any ►ishilUr u
fnr failur. br Tllfl 511fiLLGY LAKII IIOMG01VNO1lS ASSOCIATlON, or Iheir succawn in Inlarosl lo It"~ _
praperlr mninbin nkh uru,
! 1. llio IeN ntmcM wilbin Ihis PIN shall M AeIJ ne(rmaibla fnr kaping opcn ind mainGlning Ibe surGce pslh
uf nalunl ur uun•nwJa Jninaro Ilaw over LnJ seiuu Iliair retpaeliva propetliw,
tl. TNe iol m"er ro his repnxnbllva xhdl infnrm ach mcectJinr punho-ar of dl drslnste usemeaU on
the proptilr anJ af Aif rtiponsibilily fot rtuinlaining surfite Jninoje po1Af and ow►les wilAin uid ku+mi CatAerino Scollxrg, Onnl C. Rite, at hi1 wlo utJ
uKmcnlq. u hcr wle anJ up+nio prepal7 Kra,s„ r,are,,r
I), Tllf SII(:I.IIiY LAKG IIOMGOWNERS A350CIATION, or thelr vveceswn In interesl, ihall mulnuln ~
dl wua qumlily Ira+lnxnl i«tilu ('20e' xwPlet') mJ JninsCo Jitthn siludeJ withln IAis Pbl, roJ Lnr
pnrtinn af a 209 ww.la iilwteJ in the publie dghl-of war iJjucnl lo Ihii pbl, with ik pemuncnl grounJ
oover uspxcificJ tm the currrnt approval pbnr on ('ile wiih the Counir Cneinar's Office. TF16
SIIfiLLfiY LAKG IIOAICOWNFRS ASSOCIATION, ar ihdr suecesu+u In Inicrcst, nmr tn,ian opproved
shrvhbtrr mJ1er Iras wfiich Jo not oMINN the Oow anJ percohtioe of dorm dninage vnler In the IOS
. Y~i,Iril
~ J /It//t?o", Ci14rl//~fN~f~Oi~ 1 ~
A
i '
.
~ I65.ro s4063~~u~ a1, u18
i A~us~u.~tR i CIY ~Oy a;c~
SHELLEY I.AKE PUD '
DECLARATION OF COVENANTS,
CONDlTIONS, JtESTNCTIONS,
ASSESSMLNTS, CiINtGES, SGRVITUDCS,
4063118 LIGNS, RCSERVATIONS AND EASCMENTS
Pigt; I of 59
lE1~E11 ~f~l~IE ~R i GIY tCY - 121IBrf496 Oi;Ou
•~66C0 Sp~u~i Co, Gl Tlus Dcclaration ofCovenanl3, Candilions, Reslricilons, AssWSments, Chergea, So, .,ludes,
Liens, Reservation9 and Eascments (lureina(lu tertned lhe "Declaration") is made this 9th day of
Deeember, 1996, by SI-LELLEY LAKE DEVELOPMENTS, a Wesliingtan Genual Parinership
("Declerant"), willl reference to the following facts: .
A. Declarant is Ihe- owner of a cenain troct of land located in Spokene County,
SI4CLLCY LAKC PUD Wasliinglon, whieh propeny is moro particvlarly described on Exhibit "A" atlached hereto end
incorporeted huein by Iliis refuence (11u "Property"). The Propeny set forth on Lxhibit "A" includcs
DECLAINTION OF COVCNNNTS, all af Ihe real propcrty intendcd for the ovcrell subdivision of Slullcy Lake PUD. The dcvelopment
CONDITIONS, RESTRICTIONS of Shelley Lake shall hcrein bc rofeRed-to as (flhe "Prajcct").
,
B. Declarant inlends to devclop thc property in residcntial subdivision Phases, Wilhout
ASSESSMCMS, CIIARGES, SERVITUDES, , obligelioR Declnrant intends lo record verious subdivision plats; to dadicele ponions of iIie Project
„ to tlie public for slreeu, roedweys; dreinege end tlood comrol; end to record veriow wpplementel
LILNS,1tt•SERVATIONS NJD EASGMENTS declarnlians covering certain Phesea of lbe Pcoject, which supplemenlel decleralions may be used lo
set fotth eddilionnl covennntt, condilions, reslriciions, essessments, cliuges, servituJet, liens,
reservations und eesemenls epplicablc to suclt Pliases otthc Project,
C. Dalerenl has improved or intends to improve Ilu Propeny by constticting Ihereon
certain residenliel improvements and releted facililies, end to establish Ihereon e rc '
subdivisioN lo be meneged, operaled, end mointained by en ineorporeled Associalian of 0<< i. '
, Ihe benefil af all parts of Ihe ('ropeny, Eech pertitvlRr Phete shell be annexed inlo Ihe Proj. ; tllc
linal plat for thal partiwler Phese is approved and recorded, nl ivhich time lhal parlicular Phase shall
• become Jubject co Ihese Covenanls wiih the owners of tl,al penicular Phase becoming Memben or
tlto AssOcinlion nnJ subjccl lo Iho Anicles enJ Dylew3 of Ihc Assacintion. Tlic iniiial Phasc, kno►vn
SiiGLLEY LAKE C1RST ADDITION, the legnl description of which is set forth on Ihe iltacheJ
Lxhibit "D" shall be Subjecl to Ihese Covennnts end tlu Ariicles end Dylows of the Associetion
without the necessily of ennexation by virtue of ils being lhe Pirst Phese wliich is epproved nnd
recorded in conjunction with ihe tling of these Covenanls.
D. Dcelerant inlends by this documenl lo impose upon the Property mutuelly beneficial
reslrictioru undu a general plen of improvement for lhe benefit of ell of llu said lols end lhe owners
{ Ihereof,
. .
~.7/410,/1 q~ , . Declarant hereby dalara diet fhe Properly shell bc hold, conveyed, mottgaged, encumbered,
leased, ranled, used, occvpied, sold, and improved, subject to the followiog declerations, limitetions,
A,7-,~ ; GV j4 1 7
4063118
4069118 ligr, 1 il bg
hg~: ~ of 59 dElAE i.S}IEk~AEII~ i 6l9 004 12JI8r1996 G:ftP
~ENf f ASfti FkfB t ptY 00P 1111S~I496 OI~O~i l66,00 Spaiu~ G, L1
~66.00 fpd~n~ to, p AR'1'ICLE t
covenantg, condi(ions, reslriciions, essessmenq, chergts, servitudes, liens, reservntions end Definition
easemenls, all of which nre for Ihe purpose of enhancing and prolecling the value end altrecfivenesl
of the Proptrty, end the Project, end every part Ihereof, in nccordance with the plan for the Unless othenvise expressly provided, the following words and plueses, when uted in thit
improvtmenl, sale, and operetion of tlu Proputy as e residential tubdivision. A)I of the limilafions, Decleretion and in the Project Documents, shall heve Ihe following meuiings;
covenanls, canditioni, restrictioru end easements alull constitute covenants end encumbrances which
shsll run wilh llie lend and sliwll be perptluelly binding upon Declarenl end ils successors-In-(nt er¢sl 1,1 Mnuel IIudgel; The projected budget for eacli calcnder year of Ihe vario. sts
nnd essigns, end all perties heving or ecquiring eny right, titlo, or lnteresl in or to eny part of the necessary lo mainerin the Praject by tlie Associelion. The Annual Dudget will be the ;or
Property or (lu t'roject. • establishing the annual rcguler esseuments, provided, thal ndlher Declerent nor the Associetion shull
necaserily bn bound by llie MnuaJ Budgot es it is an estimaled projection only,
Each specific Phase may Iieve Common Areas which shull be set forth on tho fece oF
Ihe plat for lhat particular aree. There may be ndditionnl Comman Areas including the ectual lake 1.2 A~Wt
Comrrtittee: Tlie Architeclural Committee cre,~ted pursuane to Article 7,1
kno%vri as Shelley I,ake nnd cuiain entry stalemenls and Inndscaping eltributeble to dnd for lho beneGl of this Declaration,
of Ihe eniire Project which may be conveyed lo tho Assaciation or which shnll became tbe
responsibility of ihe Associelion, whelher such Common 11rea is specifically caeveyed to lhe 1,3 Articles: Tlio Micles of Incorporation of Uie Nsocieiion ea emended Gom timo lo time.
iUsocintion or no1,
1.4 Apdrintcnt Development: Sliall mcan a parcel or portion thercof wluch Is desen'bcd in
. e Supplemental Declaralion, is limited by Ihe Supplememel Declarelion fo residenlial use, end is
wmpriied of rental eparlments aod suROUnding uea which ere in(ended, as sliown by the sile plan
• lhereof epproved by the County oCSpokane and the Archiiecturnl Commieleo or ochcnvise, es one
lntegrolcd apartment operadon undcr Ilio same otivnership. Sucli apartment developmcnl es contained
in tlio property set forth on GchiUil "A" mey or rtu►y nal Do subject to a Supplemenlal Deelarelion and
• may or may not be anncxcd into the overall Projcct. DeclRrane shall liava Ihe sale discretion as eo
whdhu lo ennex eny apuiment dadopnunl into the averaU Projat at e later dete. Declatent and/ot
tlie Associetion, by mejorny voto pursuant lo Article S.S. mAy clioose lo lceet lhe residents in eny
. aperlment development es licensees with eutliority to utilize certain Common Areas of the Project
pursuanl to specific arrengements entered imo belween Ihe Associelion end the ownen r''hf-.
apanment developmcnl In thc evenl Doclarent clmses to annex an epartment deveJopment b
ptoject or to treal e residenea (n an epartment development as licensees ds provided here :h '
• doasian shaU ba binding upon Uie Association inespective of the Associetion heving been ectnoted.
My dedsion by Declarant to treat the tcsidence of an epnrtment development et licensccs ahnll not
be revocablo by the Assaciation wlien activeted.
1
' 1,5 Assusmcnt: 71ia1 poriion of Ilte cost ormninlnining, improving, repeiring, operetinp, and
• manxging the Property wluch is to be paid by thc Lot Owners as detennincd by the Association under
this Dcclaration. Asscstments mny be designe(ed es Regular Assessmems, Extrootdinary
Assessmenls, or Spocial Assessments, as those lerms dre more specifically defined in Articlo 6 of this
Dalaration,
1.6 Association; SHELLLY LAKE HOMEOWNERS' ASSOCIATION, e Washington
~ nonproGt cotporatioq registerod widi tlte Sfete of Weshinglon undcr UDI No, 601752 021, fonned
' by Da.larant in canjunclion wilh Ihe esteblisluncnl of Ihe planncd lol dcvelopment, Ihe Members of
which shall be the ownua of lots in the Prajcct,
, • •1-
.2.
~
. . r
4063118 4063118
P~y~, S ol S9 Iigt; 6 af 69
1t119(1496 04:09 iJl18f i996 01;4SP
lE1~E i-SikNB~FNER 1 GC tDti l6~.W Spalunt Co, A lE~ME ASNEIt~E ~I I Oly WY S6d,A~ lpotuu U. u
1.7 Doard, board of Diroctors or poard ofTtustoes; The goveming body of lhe Aslociat(on, 1,14 Aecloralion: This Declorelion of Covenanl3, Conditions and Aestrictions and
, Reservution or Easements, es it may bo amended from iime to time.
1.8 Dylaws: Tlie Dylews of lhe Associnlion e: amended Uom time to time. The initial
Bylaws shnll be as edoptcd by the incorporating Member~ or the Doe~d of Diractors. 1.15 Dwelling; Thet portion of any building ~vhich 13 localed on e s(nsle Lot and wllich (s
' . designed end intended for use and occupency as e residence vy asinglafemily lot.
1.9 Common Area; Common Area end Common Areat sheli meen nll land wilhin the Project
which tbe Deddrenl, by this Dccleretion or othu recorded instrument, mekcs available for use by 1.16 Landscape Common Arear. 7hose portions or Iha Conunon Aree for fho Projal h
Memben of Ihe Associedon end evidencea ib Inlent to canvey to the Associetion et a laler dale or consist or landsceping end entrence ereas for eny poriion or Phese or lhe Project nnd wliic,, are
which tGe Declerenl indicales on a recorded subdivision plat or Supplementdl Declaration is to bo ' deaignated es such an lhe dedica~ioo of p1a! for any given Phase, ~vhich Jandscape Common Arces .
usod for landsceping, drainege, reueation, endlor flood conlrol for the beneGl af ►he projecl end ell ahall be owned nnd maimained by the Association, Lsndtenpe Common Areas shall elso include eny
erees shawn on Ihe dedicetion or a plnt for any Phase within the Project which is estnblished as e entry areas common to !be ovuall Projecl but which era not loceled wiLhin any tpecific Phase,
Common Aree and lo be utilized for the bcneGt or Ihe Mcmbert of the Project, including enlry otafemenls, (ighting or lendscaping elong Founh Avenua, Conklin Aoed or Rotchford
. Drive, the maintenance otwluch shnll neveriheless be the obligafion of tlu Associetion with possible
1.10 Common Expenses: The ecfual eslimeted expenset or maintenance, improvement, conlribution by olher commercial propenies edjecent to sucli landscape Common Ateas.
repair, operetion, end management or Ihe Cammon Mea, expensea or adnunistretion af lhe •
Associatiot, and eny reasonable reserve for such purposes na delermined by tlte Boerd, and all sums 1.17 Lol; My rtsidenlinl Lol shown upon the recorded Plal Map for Ihe Froject, created
designaled Common Expenses by or pursunnl to Ihe Project Documents, Wilhout limiting the for the consttuctian of e privato Dwelling. Tlio tenn "Lot" does nat include any portion o(' Aio
genernlity of the foregoing, Common Expenset shall also include the cosls of any dnd all commonly Common Arca.
moteted chargw fot the Property; costs of mainlenance, anow removnl, clenning and repair of Ihe ~
Rotds; eonstcuction, mainlenanct end power far lighling; componsation peid by the Association lo ' 1.18 Mester Developmajil Plen: The overnll Slielfey Lake Project Plen epproved by Ihe
managen, eceeunlents, ellorneys nnE other employees; lhe c4sts af dI gerdtning, security iLnd otlier ~ Caunty of Spokane, as Ihe s.vne may be from lime lo lime amended, e copy of wlJch shall bo on file
services benefiling lhe Comman Mes; the costs of fire, ensueliy and liability insurnnce, workcr't et ell times in the o(Tice of Declerant or lhe Associellon,
eamperuation insvmnce, eROrs and omis:ions and d'ucctor, omcer and agenl Uabilily insurance, if eho
diredors chooee fo acquke such errors and omissions insurance, dnd other insurnnce covering lhe , 1.19 Member; A pcrsan entitf ed 1o membership In cl~e Association as provided hercin,
Properly and Ihe dirctiors, q(Jiurs and agenls ot lhe Association; nnd any olhu cosfs incurred by lhe
Aasocinlion pursuant fo its euthority for any reason whalsoever, for the common beneGt of the 1.20 Mongege: Indude~ e recorJeJ morlgage, deed of tNSt, rea! eslAla conlracl, or olher
owncn, . inslrument crcating o securily inleresl in any lol.
1.11 inilial Phasc: The P'irst Phase or the overall Projccl, lhe legal description or which is 1•21 Mortgagee; lncludes a mortgagee, beneficiery or holder of a deed of tn,s1, reai .e
set forth oa Gchibit "D" and whiclt shall be known ea SIIL•LLCY 1.NCE FIRST ADDITION, contract vendor, or other holder of e mongnge on eny lol.
~
I,12 Lnke: Tlint pnrticulnr body of weler or leke shown on the Masler Development Plnn I 1.22 Morlgngor, 1ncluJcs a morlgngor, the tnistor of e decJ of wsl, real estale contrau
for Shdlry Leke and eduelly desigrrulcd es Shellcy Lake artd including lhe shorelino troil and ell lrail vcndce or other individual grenting a sccurity inlcrest in eny lat.
aaus, a skelch or which is set fonh on the Plal shown es Exhibil "C." The lake sl►all include tho
lend underlying such lakc And shall be e part of tlu Comman Area exccpt for that Dortion set fonh 1.23 Overall Shellcy LAko PUD; A group of tub~ivision Phases cuRenlly being developed
on Lxhibit "E;" which poriion sh~ll be su6jat to llie recrealionel easement fn favor or the Associetian purauent to Ihue overall Coven~uts by Shclley Lake Developments, a 1Yashinglon generel
end Ihe hlgh weler inudelion easemenl. Declerent inlends to eonvey fee title to ll~e lako lo the Pa~lnuship, in tlu Shellcy Lnke aree af Spokene County, Weshingloo, and epproved pursuent lo e
Atsocialion at a lalcr date, prdiminary plet es tho Shellcy Lake PUD Pfal undar numbcr PC I750•94, The overall Shelley Lake
~ PUD mny allcmnlively be rcfcRed lo es the PropcRy or die Ptoject anJ is generelly localcd casl of
1.13 Declaranf; Shelley Lake Developmcnes, a Wesfiington general partnership, and its . I • Suqiven Road end south of Inlerstale 90 in Ihe Spokene Velley end Iegally described on Exlubil "A"
succtssors•in•interest end assigns with respect to Ihe Property, bul shall not include MembM of eho ~
public purchasing eompleled lols, for purposes of Declerant serving on the Doard of Directors or 1.24 Owner or Owner:: 'fhe recorJ liolder or holders or lil(e lo or e conlrecf vendce's
Trustecs. Dtclarant shal( mean Robert L. I{eitman, intucst in n lot in die Project. Tliis shall include any person having a fee simple title to any lal, but
.
.4.
i
4as311$ , .
hgo; 1 af 59 4063116
itl1t119~ OIcQSI hge; t of S➢
.Elc~ ! ASkN6li ~I l~l. Wti 6,,00 Spotint W, lA 6fl~k I AS1~tAR.1~A 1 MY 0 S6b,9~ Spolmtl496' U:OSt
shefl excludn persons or enfilies heving eny Interesl merely es seeurity for the perfoRnartce of arty 1,34 Supplemental Dtclaration; A declaretion recarded pursuunt to Micle 4.
obligalion, furthu, if e(ol is sold under e recorded contrect of sale to a purchestr, tho purchaser, rether Ihan Ihe fee owncr, shall be conaidued ihe "owner,' And tbc fee owner shrll be considered es e mortgagee.
1,25 Person; Any nawral person, comorelion, partncrship, assoeiatian, dircclor, or olher
Itgal cntity, 1.26 Plat Mep; Tlte retorded mep (and furlher meps releting lo subuqucnt Phates) prepared by or for Declarent sliowing ihe surface or Ihe Property end the division thereof into lols and commons erea, landscepe Common Areas and Roeds. 1,27 Phase; A teparnte plet wllliin 11u overall Ptoject, Slulley Leke FUD, which shall bo '
creeled by ihe recordetion or en individuel rinal Plnt and shall be mede aubject lo these Covenant:
end tlie Associalion by ennexnlion,
1.18 Prdiminary Dudget. T{ie projocted budget necessnry lo mainlain the Project for the first
year during which lols ere sold by DeclnranL The Preliminary Budgel will serve es a basia far
Declarant establishing the ennunl reguler assessments, provided, Ihnt neither Declnrant nor Ihe
Associaeion shalf necesserily be bound by Ihe Preliminary Budget as it is nn atimaeed projection ortly,
1,19 Project Documents: Thi1 Dccleralion, the Plal Map, tHe Articles end Dylaws or the
Associetion, and any archileclural or olher rules promulgaled by the Declarent or the Association . .
pursuanl !o Ihis Dedaraiion or ihe Articlts or Bylews, as cich shall bo amaidcd from lime lo time.
1.30 Property or Projecl (synonymous); The reel property covered by this Decleretion, al) estemenls, rights end appunenencet bclonging lhereto, end all improvemenls erected or lo be erected
Iliereon,
1.31 Rice Lot: The existing developed lol including a rcsidcnce and oucbuildings owed by
Ra1ph and Lula Rice as of the filing of iliis Decinration and located on whal tivill likely be known aa
Lol 1, Tracf B of one of Ihe early phasel of fhe Projecl.
1,31 Rics Perccl: A percel of foresled land locnled et Ihe eastcrly end of Sfielley Leke and
relained by the Rice fanuly in conJundion wi►h the conveyance of Ihe remainder of lhe real estnte set
fonh on Exhibit "A" for the Jevelopment of Ihia Project, The legel descript➢en of the Rfce Percel Is
set forth on Cxliibii "D" wliich is by tliis rtference intornorated Iiuein, 11te Rice Parcel is subject
lo tlic tesemtnt on behalf o( lhe Associalion for tlte recrealionnl trail which lravcrsc3 Ihroug4 the ~
Nce Parcel near Ilu easlern boundery of Slielley Lake, .
I.73 Roads; Those portions of the Common Aren consisting af privnle alreels nnd roedtiveys ~
providing atcets from Ihc Loia to tht public riglit or way, designAted es such on the Plal Mep for the END OF ARTJCLE 1
Propeny to be owncd in fee and maintained by !he Association. DEFlMTIONS
•7-
4063118 4063118
Pagt; 9 of 59 l18►1996 o OlO~P
f
I ftr181(996 61:09 12
6EhA1f aM IEHER ! p.y C0l Spotmt 6a, ?1 OElCIE 1,SHEkEfKR { GlY t4Y 66.00 iPiuw Co. A
aS6,~)
ART7CLE 2 eommon areas encJ establisli nppropriole fees to bo peld by the apertment development proJect for tho
A IpR-jCH(ion of,pecleralion eame,
2.1 trgne~tct 1 Shellev Lake Declaration, Declaranl inlends la develap Shelley 2.3 Exclusion of Rice Los, The tice Camily consisting of Ralplt end Lule Ilice end tluir
Lake PUb by subdividing the proPuty imo verious lou end parceb end to sell end convey such lou eliildren, Grent ltice and Celhy Scotberg, conveyed the reai eslalt tet fortfi on Exhibil A to
and parcels. As Phases of SIieUey i.,ake PW are developed, Declaranl intends, with respecl lo lhose Declaranl for purposes of Iliis Project, Ralpli and Lule RJce's residenco is currenily locaied in one
new Phases, lo record n Dalaretion of Mnezetion tovering eny such edditionei Phases, punuent to of lhe Loti lhat hai becn crealed by lhe plaUing of lha ProJect, is described here n> >he Rlce 1 id
llrticle IS.] herein. In conjunctlon with Ihe Declaretion of Annwcalion for eny lbture Phesa, has been excluded by ngreemenl wilh Declerent from the obligations of tlus Aecleretion ne
Deelerent mey also record ane or more Supplementel Declaretions including for this lnitiel Phase, Associntlon. ?lu exclwion sliell continue untll sueh lime es Ilu Rice Lol has been fransfetred for
Nvluch wiU estabGsh such additionai covenanta, conditions and reslriclions as mey be appropriate fot ' consideration lo eomeone ethar then Ralph and Luld Rice, Orant Rfco or Cathy Scotberg, or their
thae perticvler J'hase w prov+ded for in Micle 4 here;n, beclarent hereby declares thet dl af the real ' apouses or lege! cluldren. Unlil such a tren3fer accurs, neitha ihe Nce Lot nor tht Ownen shali be
property within SheUey LAJce PUD b end shall be hdE, conveyed, hyyothecated, enwmbered, leased, . abligated in any manner whosoeva to comply with this Accleration or tlie Association nor shall the
occvpicd, buill upon or otherwise used, improved or trantferted, in whole or in part, subject lo this IAt or the Owntn be tubject Io esscssmenls for Ihe same. Nevenheless, ell emenilies and privikges
Deelaralion nnd eny recorded Supplemenlal Declarations or annexations epplicable therelo, as including aaess to Shelley Lnke and tlu otlia Common Arens sl►all be fully aveilable lo iIie Rice Lot
emendod or modi0ed Gom time to time, 716 Decleration nnd nny funher Supplementnl Declaralion3 and i1s oNmers,
or annexetions iLte declareJ end agreed lo be in furtherance of n gcneral plan far the subdivision,
improvemenl nnd snle of Shelley (,eka PUD nnd ara esteblished far the purpose of cnhancing end 2.4 Ttio. Ptircc1, 1n conjunclian wilh tlie Irensfer of Ihe Cxhibil "A" real estele lo
pcrfccUng Ihc vnluc, dcsirnbilily and etUnclivcncss of Sheilcy 1„nke PUD nnd cvery paR IJureoC Al! DcdnrAni by Ihc liicc Pnmily, thc Aico r-nmily rcloincJ !hc cnstcrly foreslcd nropctty nbulling lhe
of lhis Decleralion shnll run with nll lols and pnrccl for nll purposcs nncl slinll be binding upon nnd Cnsterly end uf Shcllcy Lake, the legel descriptian of which is sct forlh on Exhibit "D" and is
inure eo the benefii of Dal,vnat, lhe R.tsotia6or, ell owners nnd Iheir suceessors in interesl. NotAing refuenad herein as lbe Rice Parcel, As part of Ihe Agreement wilh Declarenl, Ilia Nce Cemily, any
in this Declaration shall be construed lo prevent Ihe Declarant Gom modifying Ihe Master one of Iherr, or eny successon ar assigns lo whom tluy may sell the Nco rercel shall be entitled ta
Developmenl Plan or eny portions Ihereof which heve not been annexed or es Io which a develop svch Pnrcel independcnlly of this Project lo wliich these Declarntions epply, Tlu developer
Supplemenlnl Declnrelion Iies not been rocorded or from dediceling or conveying ponions af Slulley of llu Rice Pnrcel shnll havo aulhorily to become ennexed lo Ihis Project end be subject to ►hese
l,eke PUD, including s►rcets or roadweys, Ihe lake or other Cammon Areas, for uses nat specilicslly Dalaretioro end Associetion, provided that nich decision lo be nnnetteJ shatl be el Ilie sole discrelion
benefilling the Lots or Parcels, ot'nny fulurc devclopcr uf llie Ricc Parcel. In eny evcnt, Iiowcvcr, this Projcct shnll ba obligalcJ Ia
provide eccess for ingrus and egress to ehe Itice Pareel end to provfde for necessary utility
2,2 ~~artmen~ Develornr ji , Declarant shalf l~ave the Jiserelion as lo whethcr lo include connections aa is set forth in lhat terlairt LeaselOplion 1st Amendment daecd february b, 1996,
any annacable pliase which is set fortl► in Exiubil "A" as en apartment developmenl and have lhe umo between C& G Aarlnership, Naomi Celherinc Scotberg end Grnnl Nce et Lessor and Shellr ke
annezed as part of the overatl project. Sellcr shRll be entitled io make ihis decis+on anNime before , Developmenls, e Weshingtan gencral parlnerahip, as Lasee, '
nll of Oie Io1s in nll oClhe po(entinl pheses to be developed in the overal) project and included in the
overell legal descriplion set forth in Exhibit "A" have been developed and lrensferted by Declerant, 1t is nnticipaled thut until such Iime u Ihe Aica Parcel is developed tho Owners of Ihis Project
(n tha evenl aeclnronl chooses to indude en npertment develonmenl as e seperate ennexed phese, may havo n tenclenry to utiliie il e: open spece ns i1 is adjacenl to llia rccreetional treil which encircla
Docleront mey record a sup➢lemenlal detlareUon prohding ror spocifie covenants, conditions end Shelly Lake, Tha Qwners of this Project shall ltiave no euthoriry lo go upon or wilize the Rice Percel
restriction u to the epartment dcvelopmcm phese, Declnrent may elso choose, wi►hin the seme timo for any reason wlinlsoever, liowcver, other Ihen tho eree belwecn Ihe recreetionel treil anJ the lake,
frame eslablished for ennexing en enanmenf development phase, to muely treat the re9idence in an end fha Associetion shall be required lo aenA a apeciGe wrilten nolica lo its members from iime to
epartment developmenl which is not ennared as pnrt of the overell project as lictnsees wilh authority Iimo advising them of the aame in du evenl auch e request is mede by the owners of Iha Rice Parccl,
to utilize eerlein common arcas of the projcct. Declarenl's decision to treet the npartment ,
devdopmenl ruidence as licensees shall be bindins upon ali members nnd lhe Assaration and lhe Nolhin¢ contained in this Ariicle thnl) preclude t1ro ftice Family from trnnsfemng lhe Rico
licensee stetut or the re:idcnce of Ihe apartment developmcnt thall noc be revoceble by the Pnrccl to any other pahy and these obligations end bcnefila shell Nn with Ihe lend end be binding
IVsocialion. Prior lo crealing a licensce stafus es to the resiJence in eny aparlmenl development upon any curtent Owner, Neilher Declerent, Ihe Doerd af Direclors nor Ihe Members of the
project which has not been ennexed, hoWever. Detlarant must first eslablish speci[►c urangemenls, Assacialion sliell be eneitled to object to Ihe proposed plalling end development of lhe Rice Parcel
Nlcs end regulalians es lo ihe eulhorily o[ such aperlmcnt development residcnce to utilize the .
.g. ,g,
4063118 4069118
Piyl: 11 d S9 • h~: It of 99
' l2119l1~ ~;W f2Il!l1996 0I;09
6Ei~ t AMBRflt(R i Mf OOY 66.04 Spolvt to,U (l~ IASHEMXfll t 61Y t0Y l66,W Spol+nt W, A
by the Rice Femily or eny subsequenl purchnser, provided, thnt such proposed development is for ARTTCLE 3
eighl parcels or less. Enssmcnt n RiEhis,gf Eniavment irt Cerr m n AreaS
3.1 Eascments of Eniohnene. Every oimer end other Membu of lhe Assoeiation shall
have a right and easenienl of cnjoyment in and to the Common Arcas which shall be nppurtenent lo
. ' and ahall pats with the title lo cvary loi end perccl, subjece to the following provisionr.
a. The righl of the Association to cherge reasonabie edmission and o(her special use ~
, !'or the use of any recieatianal or Qlha feciliry situated upon the Common A,, .
' Pees shall bc uniform among Membus.
b, The right of the Associetfon lo suspend the volins rights end right 1o use of the
recreatiunal faciiities and ollier Common Arces by any Member (i) for eny period
during which any assessmenf egeinsl his lot or parccl remaina delinquenl; (ii) tor a
period of nol !o excood 60 dnys fot any infraclion of lhis Dcclnretion, a Supplementel
Decleration or the Slielley Lake rules, end (iii) for successive 60•day periods if eny
such inlraction is nol coRCClcd during eny prior 60•dey suspcnsion period.
C. Thc right of tho Associalian fo dedieato or tronsfer all or nny part ol'Ihc Common
Areau to any public agcnry, euthority, or utility for such purnosu and subject Io such
. conditions ea mey be egrecd to by the Associetion. Unless atlicrwise requircd by
, zoning stipulelions or egreemcncs with the County af Spokene elTative prior to tlu
date herwfar spaiGed on a recordod subdivision plat, no such dedicalion or Iransl'er
shd be eQ'ative unless an instrument signed by the owners of twalhirds (2l3) of the
, ovetall membcrslvp egreeing to such doditalion or trensfer lias been recorded, exeept
Ihat the Board sliall heve eulhorily Ie trensfer Io such publie egencics, euthorilies or
utifities eesemcnls and rights•of wey which nrc inttndcd lo btnefit the Project end
which do not have any substantial adversc e(fect on t1►e cnjoyment of the Coninion
Arcas by the Membert, • d. 'fhe right of Iho Associalion to regulalo the use of lhe Common Meas Ihrough the
' Slulley Lake Rules and lo proltibit access 'to tItose Common Areas, such es
landscaped riglit•of•weys, not inleoded for use by the Members. The Shelley Leke
rules shnll be inlended, in Ihc absolule discretion of ►ha Aoerd, to enhnnce the
' prestrvelion oClhe Common Areas or the safety and convcnicnce of the users thereof,
• or otherwise shall serve to promole the best interut of the awners end residents.
. ~
Erc~n or nnTicLE 3
EASE1vtLNTS MN NGHTS OF ENlOYML•NT
END OF AnTICLE 2 IN COMvtON A1uAS
PROPERTY SUDIECTTO SI~ELLEY LA1CC DECLARATION ,
.~p.
t ' 1
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~ 4063118
' 4063118 hgr. II of S9
Pag~; I~ ol S9 ; 1211BII996 01:~1
1t11811996 OI;OSP ' SEIG~ t as1~N6PF.~R 1 ar fAY 6~,00 spaluu U. A
1IlNE 1fkE18,11l i D~lt t0Y 166.40 Spaltne Ca. 1~ , ~ .
AI1TiCLE 0 ' ARTfCLE S
aynal;nicnlal Declarationg Association. Administralion. Membersliip
And Voting Riahls
As additional Pliases of Slulley Lakc PUD are rcadied for developmcnt, Ihose Pltases shall
be annexed into the Praject and be subject to tbe:e Covenants and the Association pursuent ta a 5.1 QlBgnIution of Atsociation. 11n Associnlion shell be incomonlcd under lhe name
Dalarelion of Mnexelion. Such annexetion shall be putsuanl !o Article 15 herein. Declarenl shalf of Sl{ELLEY LAICE ASSOClATION, pursunnt to Iho Washinglon Nonprofit Coryoralion Act.
Iuve the nutJioriry to reeord e Supplemcntn) Dednration for thet paniculer Phtise being nnncxed with
sucli Supplementel Decleratioa being eonswed as a suppiement to this Declaration and fully n part 5.2 I?uties end Powcrt. The dulies end po+vers of the Association nre Ihose set in
hereof for all purposes to tIte samc extent as ir all of ilie provisions lhereof were sct forth in tlus t}us Dalaratior, llia Micles and Dylaws, logethu with ils genera) end implied powers of e nonprafit
Dxlaration provided, tltal aucli Supplemental Deelarolion slial) apply lo thac Phase only, Detlarant ' corporalion, generally to do any and ell lliings that i comoration organized under tho laws of !he
shall nol impose any new reslrictlont which ere nol generally in conformance wilh the then•exlsting Slate of Wuhingtan may IewfuUy da whicli ere nxeuary or proper in aperaling for the peece, heeltl%
uses and rallrictions nppliceble lo Shelley Lake PUD or wiih the seheme of development comfort, safety end gencrel welfaro of its Members, tubject only to tlu limilations upon the excrcise
eonlemplated by ilie Master Developmenl Plen end llus Declaralion. A Supplemental Declaration of such potivers as are expressly sel fonh in Ihis Declnralion, tlie Articles and Bylaws.
may provide for a nib•assacialion or for addilional a.ssessments for ihal particular Phase for purposes .
of utisfying spxific nmenities or privilega lo be enjoyed by Ihe owners of Ilint particular Phase such 5,7 Membmhia., Tfie owncr of e lol shall aulonalically, upon beconung the owner of thut
as maintenencafree living, lol, be a Member of lhe Association, and shall remain a Member Ihereof un(il such time ns his
ownenhip ctasu for any reASON el which time lus mombership in ihe Associaeion shall eulomatieally
cease. Membership shall bn in nccordence witlt tha Micles and Bylaws of tlu Association.
5,4 ]'ransferted MembulhiIl. Memberslup in the Association shall nol be trensfecred,
pledged, or elienaled in any way, txcept upon Ihe trensfer of ownersliip of Uie lot to which it is
eppurtcnanl, and lhen on)y to the ncw owna. My etlempl lo make a prohibited transfcr is void. In
" tlie event tlu owncr of any lot should feil or refusc lo tronsfer che mcmbersliip tegislered in his name
to Uu purehASCr af his lot, tbe Associa►ion shall have Ilu riglil to record the trnnsfer upon its books
, and thercupon thc old mcmbcrship oulslanding in Ihe name of lhc sellcr shall bc null end void,
5.5 Classes af Mem6ersEiQ. Tlu Association shell heve two (2) classes of voling
membership established eccording ro thc following provisions:
5.5.1 CIASS A Membetslin. Class A Membaship shall be Ihat luld by eaclt o.,.,er
aCa lot olhu than Declarant nnd each Claas A Member shall be emi(led to one (1) voto far each lot
owned, If a lol ia owned by more tlian one (1) person, each such parson shell be e Mcmber of the
AuociaUon, but Ihue shnll be no more than one (I) vole for each lot, rreclional vating wilh respect
to n penicular lot sliall not be ellowed, nnd if Iln owners of e lot present e1 e mating of lho
Associatiori, in puson or by proxy, cannot egreo on how their volo should be cast, na vole shell ba
cast witli respect lo thet lot.
5,5,2 Clns embershi2, Cless D Membership shall be thal membership hcld by
Dalaranl (or ils sucassor•in•intcresl) wlio shall be entitled lo three (3) votcs Cor each lot owned by
Dxlarent, pravided, lhal Class D Membership sliall be converted ►o Class A Membership and sliell
forover cease to exist on the occurrenco of *hichever of tbe following is firsl in time; LND Of ARTiCLE 4 •
SUPPLLMGM'AL DCCLAIUTfONS
.12. '13'
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' 4063118
' . 4063118 ' Piyi: 16 d S4
Pigt; iS of 69 1t11811996 OI:OP
1211811996 0I:09 Wo i.39n"a i ar coy 166.00 Spoluu fa, G
.E10E ( ~S 114 ~iiR 10.1 f0 60,90 Spotint W, u
(a) When Ihe tocal oulstanding voling powerheld by Clese A Members equals the 5,9 eutliaricv ofDiratar~. ne board or Director: of lha overell Associalion shall havc lhc
tote) ouls(anding voling power (Iripled es above) hdd by Ihe Clus D Members. r euthariry to manege Ou general aQ'airs of the ovcrell Projecl which shall include, bu1 which shall not
, bc limited to, enforccment af any of Ihe terms and provisions or thesa covenenta end restriclions,
(b) Upon the voluntary written relinquishment by Detlernne of ils Cless B ' coUection or essessments end payment or expensa eppliceble to Iho Associelion end Ihe Common
Membership. Areas benefitting the Project including Shellay Leke and any entry weys designated in Cxliibit "D,"
At such time et Dxlerent's Class D Membership tertninAles pursuanl to eilher or (he subperagnphs 5,10 Usa nf Agent. 77tc DoNd olDirectors, on behalf of ihe Assacieliort. may conlrac I
haein, Dee{aranl'shaU give nolice lo Ihe Associetion, in writing, which notice mey include, emong a professional manegemenl egenl for Iha perfornnnnce or mainlenance nnd rcpelr nnd I'or condu
other things, e request I'or e specinl meeling Io esteblish a new t3oerd of Directon, e new slnte of other activiliea on bchclf or lhe Associetion. ns may be delcnnined by the Doard.
omcere, or nny other ectiviiiei necessilaled by tbe tenninalion or Ihe Clese l3 Membership or
Declerant. Class D meinbership and voting nuributeble to Declerent shnll apply to dl lots In the S.I 1 Activntian As~pSiation, Notwi~listending any other provision eontained herein,
Mester Developmeat Plan irtcspoctive af subsoquent Phases not hnving been approved a~ Final Plet~. Dcclarant sluell have the euthority lo Jcley tho ectivetion of the Associelion beyond Ihe ectuel filing
, or lhc Articlcs or Associntion, Thc Association shall bc ectivntcd only upan wrillcn nolice by
5,6 yosina RcqIiirementg. Cxcepl ea atl►cnvise exnressly providod in this Declaration, Iho Dctlerent fo lhe owncn or all lols in lhe Project, which notia shall cslablish en initid mating or the
Articlet, or the Dylaws, any ec(ion by lhe Associalion wlticli must linve the epproval af the mtmbership. Prior to such aclivalian. Declerant shell essume el) dulies and responsibilieies oCllie
Associetlon membership bcfore being undutaken shall requiro the vote or written assent of thn Associalion pravidcd that Dcclarent's voting riglut ueder ils Cless D Membersliip esleblishes the
prestnbed pucentage of Ihe lolal voting power of the Assceintion (bolh clessea combined); provided, mejariry necess+uy fo undertake sll ections by Declerant prior to lhe ectuel dele oCntlivetion. Prior
howevtt, lhat nll such voting shell be Uirougli the Bonrd of Direclors es esleblished herein and in tha , to ettivetiar, the only dssusments of Assaciation which any Member shall be required to pay shall
13y1n►vs, and fUrihet providcd, Ihat eny maller subjected te e voto whlch would change the relative bo the ennual maximum teguler esscssmcnt set forth in the Project Budget prepued by Declarnnl,
voiing powers, or Ihe relativc righls and/or obligaliont or Membets based on cless or inembership including eny autssmenls sec forth in nny nmended budgets established on an annue) basi9 tliereefter,
shall require the vote or written nssent of the presaibed percentage of Ihe vadng power of each clus provided that sucli budgels reasonebly re(lecl Iho expendiiures auribuieble to the Projcct.
of inembership. At such lime as the Associalion is ectivated by Declaran1,11ie Associalion shall be managed
' 5.7 ewbershin Matings a Y line. Eech specific Phase in the Project as alabGsfied end controlled pursuent to Iho Artides and Dylawt thereof, including the relative class membersltiip
by eitlur being tl►o initial,Phase or by the recording of a Decfaralion of Annexetion shnll be voUng as sel forth in Paragraphs 5,5,1 and 5.5,2. Notwithstending the facl lhat Dederenl, llUOUgh
repraented by one Member on Ilie Boerd of Directors. Dedarant shap also act as a Member of the ils Class 8 membership, shall control lhe voting or the Association until such time as Ihe Class A
E3oard of Diroclors until sucli lime as the Clazs A Membership equals or ezceeds Decferant's Claas B membership equals or exceeds Ihe Class D mcmbersliir, Declarenl shell have llu nulhorily to
Member:hip. 6very Alember in eny given PSiase:liall be enlitled to one vole, provided, that 3uch relinquish cantrol af Ihe Associetion sooner by giving noiica or the same to all Members In wri'-
vote must be cnst ilirough lhe Dirxior repraanting Ihat periicular Phese. Tlte Memben of nny givtn provided, that Declarent sliall remein a member or tha Boerd or Directors unlil such limo a.
Phue shell eleet Ihe Director fot that pehiculer Phase pursuent lo tlu Bylews. NI issues requiring Cldss A Memberlisip equnls or exceeds the Class B Membership, Such noiice may include, among
e voie or Ihe membership es determined by Ihe Bylews slull be resolved et a meeting of the Boerd other thinga, a requesl for e special mceting to utablisli a new Doerd of Directors, a new slete or
of Dircetors el which lime ench director slinll be enlilled lo tnsl Ilie voles of Ihe spetific Phase whieli offiun or any otha naiviflcs neussiinicJ by DalRrAnt's rtlinquishment, ln any evenl,ltowevcr, thc
IIIAI pdf11p1IAf DIfCCIdf rCpfCSG111f, The volcs ensl by nny givcn UonrJ Mcmbcr shnll be iJenlienl to Assoeintion ahall bo eetivntcd when Clnss A voting equels Clnss D volins.
Uie vola cast by llie Mcmbers rcpresenlcd by aucli llonrd Membtr. By wny of exnmple, if ilicrc is '
a Phase wilh SO Memben end 25 Members vote in favor or b propasa1,10 Membets vote agdinst tho 5,12 Rdease of Liability gf Direclors. Dy accepting title eo eny lot willun ►he subdivision
proposal, end S Members do not vote, lhe Board Member represcnting such Phase would ectually covered by these Covenanls, Ilie owner releases tha Boerd or Directors and officers af the
cast 25 in favor votes, 20 egainsl voles and would noi vote lhe remaining S. Tlu procedures es to Associalian &am ell cosfs, expenses, judgments end liebilitia, including atlarneyi fees, reesonably
bringing an issue on for voling, the notice lo Ihe mtmbership of Ihe proposed vofe, lhe actual voting inarrod, or imposod upon such Diroctors or oficert in conneclion wilh or tesulting from any ection
process, end tho ensuing Directocs' mecting shall be es is atablished in Ihe Bylaws. in which ihe Direclors or a[Ticers ere involved by vihue of Iheir lieving ected as the:ame on behelf
5.8 poard i2f Direcean, Thc effairs or the /lssociation shell be menaged by n Boerd of
Directon, which slull be esteblished and which shell conduct regular and speciel meetings eccording
to tlie provisions or 11ie Dylaws or Ihe Associalion and Micle 5.7 ebove,
.14. •~S•
i '
. ' 4063118 4069118
P~yt; Il ol S9 I Pig~; 19 0l 69
1211811~ a;~P , 1211911496 W;O~
1(M~II ~KENBREIR 1 aY 0 66.9~ Spalint to, K ~ -ElatEll ASKNe,#IkR 10-V WY 66,00 Spaluw A, U
of the torporellon, provided,liowever, lliat sucli release sliell nol epply to those actiane involving ; ART'ICLE 6
gross negligence or willful miscanduct. ~ &jghtt in Common rcn
I 6,1 Cgramon ArGa, Tlic Common Area aheU includc all resl propcrty and improvcments
within tl►c Common Mces as designeied on the face of Ihe plel for this initial phase, as well as
Comman Ateas designated on lhe plel ofeny future Phase enncxed nnd eny other Innd which mey be
convryed !o or eccepted by the Associetion, all of whicli shall be dediceled to the common u, 1
, . , enjoymcnt of all owners. The Comman Area sliall be owned, opereled, mainteined, and insu, /
i the Associaeion for the use end benefit of owners of lots in tlie Project, subject to reasonable rules
end regulatioru enaeted eccording ta the Bylaws or this Decleration. Each lot owner, lhrough
, I mcmbership in the Associetion, shall have a noncxclusive right to use the Common Area in
( eccordtinco with thn purposes for which it is inlenJed wiUioul hindering the exerciae of or
eneroeching upon the lewful righis of any oilia lot awners. Notwithstending the Iransfcr of tho
Common Area lo the Association, the Declarent shell reserve and hercby rtserve9 in itself end its
successors•in•intcrest end assigns an easemcnt (end the riglit to grent further cascmenls) ovcr and
, onlo the Common Mca for ingress to nnd cgrts3 from !I►a Projecl for tlie purposo of eamplating
improvemtnls lheroon ar for the performanu o(noccssary constructioN rtuinlannnce, or rcpair work,
and for (ngress and egras lo nnd from adjecent propeny in eonneclion willi tlie Jevelopmenl, use,
' and ocapancy tliereoC j .
i 6.2 Parlilion of Common Are roibited. ncgerdless of the possible dissolution of the
. . rlswciaUOn end the cameyena of fx ti►le la ►bo Common Aree to the owners ns fenams in common
! pursuont therelo, no owncr shall bring any action for panicipetion or division of eny part of the
' i Common Area, i1 being egreed that this teatriction is necessary in order lo preserve ilie riglits of
, ' owners with respect to the operation; managemenl, usc, end enjayment of the Common Area,
, 6.3 Substrv'tenl Estale. The Common Area is hueby declnted subservient to the interetls
! of the lot owners and thall not bc sold. 6,4 12timact by Membe , Edch Member shall ba liable to the Associetlon for eny damage
to the Cammon Arca not fully reimbuROd lo the Associelion by insuranca, if thc demage is susleined
~ bceause o[tlie negligence or xvillful miscondud of Ihe Member, his guesls, lenents, or invitces, or eny
other persons duiving Iheu riglit and easemenl of use end enjoymenl o('Ihe Common Atca from the
Member, or hls or their respective family end guests, both minor and edult. However, the
Asaociation, acting tluough the E3oard, «serves the right to detertnine whellur any claim shell be
• made upon the iruurenca maintained by the Assoualion, and the Associalion further reserves the right
to Icvy a Speciel Assessmenl aqud to the increese, if eny, in insurance premiums direclly eltributeble
lo the damego caysed by Ilie Member or the puson for whom the Member may be lieble as described
ebove. The eost of coRCCling tlie damege 4o the cxlcnt nol reimbursed lo the Associalion by
i iruvrnnu slinll be a Spccinl Assessment agaNst the lot and mey be enforccd ns provided liercby for
ENU Qr ARTICLE S ~ the enforcement of eny othcr essessmenl.
ASSOCIATION, ADMMIS11tATI0N, MLMDERSI3IP ~
AND VOTlNG NGftTS
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4063118 ~ 4063118
h9t; 19 0l 59 ; h r 20 al 69
12 liel1996 a;ou ' 12i1on9% 04:06r
iAr cor .66,0V spat►nt co, A asiaWAa I Ur cot
6.5 Slcllcv I.nkc. Shcllcy Lake b n body of wnler Iocetcd soulh of 4th Avenue enJ eett ; AATtCLE 7
ofRatchford Driva in Ihe Spokane Vallcy with e surfece erce oiapproximn►ely acret. The lake i Architecttiral Cantrol
hu e pedalrien trial:unaunding the entire Inke wiili vnriaw nccess paints. Tlu lake it surtoundcd ,
by Ihe 5liellcy Leke Project of which this initiel Phnse is one of sevcral Phescs. The lake is bcing ~ 7.1 A lulctturRt Co ~mn illcc. Tite Archi(ecturel Conlrol Commillec shn(I consisl o('one
dcsignaled N Cammon Arcn for the bcncfit of nll of the owneri in ihc vnrious Phnset being nnncxed or more pcrsons, nll of whom shell initielly bc appolnled by the Declerem, proviJed, lhal Dcclarnnl
Imo the Projat dnd shall also be evaileble [or the Rice Pered end Ihe Riee Lot pursuanl to Artfcle 2 ~ shal) heve full aulhority to act solely et the Archileclural Control Committee by euihorizing one or
herein. Initially, the lake and surrounding trail and accas points shell be meneged and mainteined by ! more pertners of Declarent pertnuship to serve ds sucD. Declarant shell also hrve eWhoril.'
Declerent which shell esteblish specifie rules reguleting lhe use and operntion of Ihe lake nnd j eppoinl one or more Members who ere no1 Memben of lhe Atsociation. Declarant'3 euthort
wrtounding treil end eccets hoinls. Those rulea msy be amended from lime to time and shall'be made eppoint the Atchitectural Conlrol Commilteo ahell conlinue until such lime as Declunnt or
evailable to Ihe verious owners. Menegement of the lake shell be trensferted to the Associalion at Dxlarant'i sucussar in interest has lrnnsferred every lol in Ihe Project lo e lhird patty purclieser and
such lime as Declerant nclivntes [he Assacia►ion purtunnt Io Ahicle 5.11 herein, Subsequent to e tesidence lms ban constructcd on each tuch lol, end Ihero ere no moro prospcctive Phaies included
ectivelion of the Associetion, ihe lake, suROUnding Irail end veriout acceis trails shell be managed ln tl►o Iegal deecriplion aet farlls on Exliibi► "A" lo be nnnexed ("Complclion of Projecl"),
by the Doerd of Directort of Ilie Associetian, The Qirectors sliall heve authorily lo esteblish Ihe Declarant's conlinuing nulliority in Ihis regard shell be in spite of tlie fact iliat ilu Association hes
apaific rules for lhe use of the lake, nrovided, lbet tho membership shall have the righl of voting an been sctiveted. My person or pcrsons olher tlien beclarent appoinled by il lo serve on Ilie
tertein issua es provided in Ihe Dylaws. Tluoughout Declarent's menegement of the lake, the ; Arclulamral CanUof Committea may be termineled et lhe sale discrelion of Declarant at eny tlme.
various awnus shell pay Ihose nssessments es utablislud by thc preliminery budget nnd annua) ~ It is Ihe inlene of thc Declarant end lhese Covenant9 Ihal Declerant sbell hevo sole discrclion and
budget which budgets shall take into accaunt the necessary cosl9 involved with mninlaining the lake, auQwrity to conlrol all especls of develapmenl and constNC►ion of improvements upon the Projecl,
surrounding treil end eccess points es well es ell other Common Mees and epprapriate cosls ~ Notwilhstanding tlvis fact, however, Declaranl mey et eny time tranafer Ihe responsibilily lo eppoint
essocialed wilh the Troject. ' Membett aFthe ArchilaNral Review Commiltee to ►he Assoclalion, in wliich eveat lhe Association
. i shall bc obligettd to essume responsibility for the Architecwrnl Commince. Such transfer cen be
~ revoked at eny lime prior lo Camplclion of Projecl.
Tlu general public shafl Iiave no righl to use Ihe lake nnd either Daludnt or Ihc Associntio 'n
shall have authority to undettake whalever procedures or ections are necessery to prevenl the general •
public from using lhe aame. 'this prohibition shell not epply to guests or invitees of any Members, 7•2 Pl9~1l121tian of AltereliQ,q and Ip~nrovement. Subject to the exemp~ion of Decla~ant
howevcr. The Members or the Associetion shell not be enlitlcd to ulilize the tiec Percel as is I and thc Iliu Lot htrcundcr, no structuce, improvemenl, landscaping, dreinagc plan, rnovement of soil,
esteblished in Micle 2,3, proviJed, Iliat such prolubition shall nol prcelude the Mcmbcrs or Iheir fcnce, or alltrelion of any kind shall be commcnced, painlcd or erectcd upon thc Propcrty, until Ihe
guesls or invitees from ulilivng tho lrail wliich treverses lhrough lhe Rice i'ercel, tame has been approved in writing by the Architectural Commiltee.
I 7,3 PlAns and JApplp,y-A. Alnru end specificalions showing the nature, kinJ, shepe, color-
i size, malerials and location, including Roni, iide and rear.yerd aelback:, of any sucli strucli
improvement or ellualion, including lendstnping, drninege plen, movement of aoil, fence,
elteration of nny kind, shall be submilted lo the Commillee for epproval. The submission of any such
plans to the Commhtee shall require Ihe payment ef an archileclurel revicw fee in en amount ta be
~ dclermined by Ihe Architeclurel Commiuee, pravided, Ilu Arthilettural Commillee shell lievo
; discretion to waive or reduce such fee under approprielc conJitions, or, incrcase the fee lo eny
reasoneble amount lo caver ihe cost of such review process. Tlu epprovel of ►anJscaping shdl
' includc the landsceping ovu ihe enlirc lot end Ihe movement of nny soil, rocks, earlh or other
rtulerial and lhc implemenletion of any drainage plan. Upon submitsion of plans nnd specifications
es required herein, the epplicant ahal) submit lwo camplele scls of plens one of wliich shall be •
returned following epproval wilh the zlemp of Ihe Archieecturel Commiuce sliowing epproval, In
; conjunction wilh Ilie submission of plaiu and secifiwlions for approvel, Ihe Archileclural Committee
~ tvill provide epplicant with e paclcnge of necessery informalion end proceJures all of which mutt be
LND Of AltTiCLL d ` filled out and subnuelcd in conjunction with the epplicalion for approvel. No permission or approval
RIGI-ITS 1N COMMON A1lCA
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4063118 ~ h t; 21 al S9
1iy►; 21 al 59 ~ I~~U1I496 OI;~P
12 I{811996 01,09 i bUOIE 11M'• IIR 1611 f4ti 66.p0 SpoktM te, q
uim iAsr~K IA t aAr Or ~,oo spotit,► ce, U ~
sheU be required to rebuild in eccordance wilh DeclorenPs original plans and specifications, or to ARTICLE B
rebuild in eccordence with plans and specificalion pteviausly epproved by Ihe Commiltee, Re,lla_ir nnd aintenance
7he CommiNa shall comider end ect upon any and nll pleos end speciflention3 wbmitted for Q~P~I4LRII~.I~1a~IlflQS~IiIB~l3.t17S~21111&L4(1~5394101lA~. Subjecl lo provisions in
ils epproval unJer this Article and perfortn sucli other dulies esi from timc lo lime shall bo eppropriete, lhis Dcclnretion pcrinining to cinincnl domnin end dcstniclion af improvemcnls, Ihc Association shall
including lhe inspection of conslniclian In progress lo nssure ils tonformance wilh plans epproved • paint, mainlein, repair end replece oll pehs or lhe Cammon Arca, or shell tomrett for such
by tho Commitlee. Any applicelion submilled to Ihe Commiltee pursuent to dtis Article ahall be ~ meintennnce, repair and replacemcnt to essure mainlenance or suclt areos in good condiki n,
5
damed epproved, urJess wrileen disepprovel or e request for eddilional infortnatlon or meterials by reasonnble wear end lear expected. Flowever, tha tisociation shell not be responslble
the Committee shnll 1ieve bern transmilted lo Ihe eppliunt wiUiin fortyfive (45) days a(1er the date obligeted to pufortn thosa items or maintenencc, repair or iinprovement which are the tuponi~.. ~ryy
of receipt by the Committee or all required mateHnls. or the owncn ns provided in Peragreph 8.2 below. In the event an owncr fails lo meinlain hlt
dwelling or lot, or to provide ocher malntenance or repeir es provided herein in e manner which the
7,4 Commitlec M;~y Ad4 t~s. Thc Archileclural Rcvicw Commiltce mny adopt or IIoard deems naessnry to prescrve thc eppeerence and value or tlic Propcny, Ihc Donrd may notify
revisa Nles and reguletians rcgerding the neture, kind, sliepe, calor, size, materials, focntion and tl►c awner of lhe work required and request it be done within sixty (60) deys (lhihy (30) deys for
sdbecks or siroctures or improvemenli Nvilhin the Propeny or es to eny given Phase or lhe Project rautine landsceping maintenanceJ from tho giving o(suth notica In the evtnt the owntr fails to carty
onfy. My such edoptal rvles nndlor tegulaiions altiall be sef foRh in writing and available nt all times out such maintenanu wilhin svcli period or does noe request en opponunily for e hearing in front of
In the office or Declarant. the Board of Direetors, which hearing ShaJl be schedulcd within Ilie next ihiny (70) deys, or receives ~ nn unfevorable delerniinelion pursuanl lo such hearing, Ihe QoarJ may ceuse such work to be done
7,5 Non•l.inbililv o[Gommill~ Memhen. Neither tlie Arcliitedural Commiuea nor eny end mAy specially uses3 Ihe cosl ihueoito such owner, and, if necessary, lien his lot for the amount
Member Ihereof shell bo liable to Ihe Associetion, or to any owner for eny loss, demago or Snjury Iheroof.
erising aut or or in any wey connecled wilh Ihe perfortnence or the Committee's duties hereunder
unless due 1a Ihe willful misconduct or bad fa1th or Ihe Committee or Member, The Cammiltce shell Far the purpose or performing nny maintenence, rcpair or replecemcnl as authorized by this
teview end approve or disapprove ell plans submilled lo it far eny proposed atructure, improvemenl Micle, or for purposu or making emergenry repairs necessary to prtvenl damage to the Project or
or ellernetioR solely on ilie besia af eesQiellc eonsidorations and the overell benefit or detriment lo other dweUings, or for any other puryaso rcasonably relaled to the perforniance by the 9oud of
which would result to lhe imnudiete vicinity and !he Aroject genernlly, but shell not be responsiblo its responsibilities under lhis Declaration, tlie Ausocielion (and its egents end emplayees) shall havo
fur reviewing, nor shall ils approvel of eny plan or daign be decmed epprovel of, any plan or design en irrovaenble cascmenl over end onto nll portions of Ihe Comnion Area, and shall also liave Ihe
from tlie atandpoint of strucwral sefety or conformance witli building or other codel irrevocable righl, aAu reasonable notice lo the Owncr, tind al reasoneble hour:, to enter nny Io1,
7.6 C4pii11&1Q[. Na liome may be eon3lnieted on any lal olher tl►an by a eontrector 8•2 &D~7i[.1Ildinlenence N IIls end Dirtici o(Q =U1. f.xcept for lliose porlians or
licensed es generel contrector undu tlw stalules of Iha Stnle or Weshingtan wilhoul the prior thc Propeny which lhe Astoclalion is requireJ or elects to mninlain enJ repeir, eoch lot owner
approvd of Ihe Commitlee. , et his sole cost and expense, meinlain and repaic all componenls or liis dwelling and lot (ind ,
intorior und exterior, swclure) and nonslructural, snd All landscaping), keeping Ibo same in good
condition, end sliall repair ell danage lo the Common Arca for which thc owner is respansible undcr
Pnregreph 6.4 ebove,
8.7 Mainionnncs,,o[ Shellev Lnka. Tlu Association shell be obligeted maintein Shclley
Lake and Ilie surraunding trail syslem and ell access Ireils once llte Associetion has been ectivaled.
Declarant slinll be oblignted for ell such maintenenco prior lo such activation. Tho costs or
meinleinins Shelley Lake, tlu surrounding Ireil and all eccess trails sliell be a part af iIie ordinary
' • auessmenls o(tre Assacielion and apportioncd equnlly among ell or the lots in ihe Project.
, • 6,4 Mii"=9 cc on~QnC•nflYLvAV and Co~itmon LqQcj~~~. Common enlrytivey
AtITiCLE 1 improvemenes and common Inndscoring ere being consln►cled by Dcclaranl, some of wluch is sel
ARCFtITCCTURAI. COMROL forth on Exhibil "D." Same or !he enlrynvay end common IanJscaping mAy be IocateJ on properly
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4063118 4069118
- Itgt; tl al 69 I►g~; tl ~I S4
1?r18f1496 Ol:~f ti11B►1496 OI:OSI
bElk ! ASYMfl&R 1 Mti 901 ~6R,A1 Sqottrn f4, U 1E)A 1JAMIER 1 al WY 66,00 Sppluu ta, A
outside of tha Projecl. The Association may, neverthelets be obligated Io pay for meintenanca or any nltl'lCLE 9
eommon enlryways artd common landscaping oWside or the Project, provided, thet thero mey bo dsSSiG1fitionLMeln(enAnce Funds and Asscssments
conUibulion from oiher adjoining commercinl propcnlw. The cosls for ell suc}i maintenenee shell 9.1 ~'.reatjpn nf the Lisn npd Ee onel Oh(igali=f Assessmems, The Dalaranl, tor each
bo e part of 11►e ardinary usessments o('the Associeuon end apponioned equnlly among ell of tha loti lot owned witlun Ihe Project, lureby covenanls, and cech owner of eny lot by ecceplnnce of e deed
in the Project, or contract there(or, whether or not it shall be sa expreased in such Jeed or contrncl, is dcemed,lo ,
8,5 Draina e, The Assacielion sliall be obligated to meinlnin ell drainnge systems,108 covenant and agree lo pay to llu Associelion the following nssessmenls, w(iicli s1ta11 bo establislitd
swales, end other drainege feciliiies located in any Common Area as set forth on eny recorded plet a►d coUected as provided herein and in the Dylews of lhe Associetion:
or at oihenvi:e established in Ihe recording or plafs as the obligation of the /lssociation, Tho
Assoaaiion shall liavc aulliority lo Iransfer llit obligatian of mainteining the drainage Syslems over ' 9.1.1 Regula~ Asscssmcnls;
lo Spokane Counly or any olher utilily or municipel egency Ihet hAS agrecd to asccpt the same. The
casts for dl such dreinage meintenance shall be d part or Ihe ordinery assessments of the Assaciation . 9,1.2 Extraordinery htsessmtnls; and
and epponioned equally emong np otihe lofs in tlie Project,
4,1.3 Spccisl Asscasmcncs.
8.6 Pj,rjillstcr rences ond,Cnlrance Gi%W, Tlu Association sholl be responsibla for
mainlaining all perimeter Rnces in eacli end every Phase of the Projeet as well es all entranco gntes All nsaasmrnls, logether with inlerest, cosls, and ectunl aUOmeys' fee1, shall be n eharge and
and mahenical syslertu et Ihe enlry of sny spaific Phue. Irrespective or the fect that certnin Phues e conlinuing iien upon tho lot ogainst which cach nuessment is made, Eech such nsses:monl, togcthcr
mey have mechenicel en(ry getes and fences and ollier Phases may not, the cost for mairstaining and vAtll in►erM costs and nctual ettorneys' fces, shdl nl3o be the persanal obligalion af elio petson wlto
repeiring tlu same sliell be part or the ordinary assessmenis or thc Associnlion and shnll be was the owner of:uch lot at thc timo when iI►c assessment fnll due. No owner of c!ot mey excmpt
oppohioncd equnlly nmong nll or the lots in tlic I'roJcct. , himself from Iinbility for hie conlribufion Iownrd Iho cominon cxpcnsct Uy woiver or tlie use or
cnjoymciit of any or thc Comtnon Arca or by Ihc abandonmcnl olhis, lol,
8,7 priyale Strccm Thc Assoaatlen shell be ruponsible for mnintaining aU private streeft,
including maimrnance, repair, :weeping nnd snow plowing. Tlu cotts for nll such maintenaoa shall 9.2 EAMose 2f Asse•SSmenfs, 71ie assrssmenls Icvied by tha Associalion sliall be used
be a pan af the ordinary assusmcnts of tlu Associoiion and apportioncd equally among all or lhe lots exclusively to promote the recrcalion; health, snfcly nnd wdrarc of the residents in the Project, far
in thc Projcct. , lhe improvcmcnt end mninlcnance or Ihc Common Aree, being both gcncrel end limitcd, and for thc
common good of the Project, Including Ihe operalion end maintennnce or Shellry Lake, the
8.8 Dedarnint's hliaation. Unlil sucli lime as the hssocialion is ac(ivaled and tumtd ovu surrounding IraJ and n!! ulhcr Common Atcos. Sudi essessments shnll also be uscd for all repair and
to the owncrs. Declarnnt shalf hnve Ihe obligalion af maimrtining all or Ihc varieus assels and facililies maintenance scl fonh in the preceding Article,
se1 fonh in llus Article S. Declarnnt shal) ba enlitled to auess t!n owner of ench lol wilh en equrd pro
rota shere or Ihe cost or ell sucls meintenance, understending lha1 such essesaments must be ' 9.3 Re ula nr As,y:ssmenls, Until lhe end or Ilie Association't Cscal year immec";1 reesonebly rdalcd lo ei►e varioue amenities complded, Ihe costs or maintaining t1~e same, and the following- tlu clasing oC tho 30le of the firsl lot in the Project, Ihe ennuaJ meuimum Regui~nr
numbcr of o►vnen evailable to share such costf at nny given time, beelarnnt shnll not be authorized Assessmcnt per bt sball be sucli amaunt as is set forlh in the Projccl Prcliminory Dudget prepared
to impose Ihe enliro burden or such maintcnancc upon n IimileJ numbar or oumcrs. Rather, nny by Dalaranl. Each lot's shere for lhe first fiscal year shall elso be proraled bascd on Ihe number or
essessmenls made must reasonnbly relate lo the npproximaio nssessmer,t ihat any given ovmcr would montlu rcmnirong in tbal fiscnl year. 7'hereaAer, the Doard or Declarant sliell dclermine enJ fix thn
be ruponsible far if llic enlire Projctt wcre complelcd and atcupied by nll of the prospective owners, amount of tlic maximum ennual Regulaz Asscssmont ogeinsl eacl► lot by preparing Mnud Dudgets,
Nevehhelas, the assessmcnts mndc by Detlarant shall be binding end no owner shall have the right The failure or beclarant or Associaeion lo preparc e Preliminary or Mnual Budgct shall not render
to contest or appeal the sune, Nl tuch assessments shell be esteblislud in the preliminary budget and any atsusment uncollectible,
ongoing annual budgets esleblislied by Dcclaranl end eveileble in fhe office of Declarant.
9.4 Exlraordinnrv Assessmcnls, In addilion lo llie Regular Asscssments euthorized above,
the Daard mny levy, in any fiscnl year, en Extreordinery Asscssrncnt eppliwble lo that year only for
the purposo of dcfraying, in whole or in peA, lho cost of any conseNClion, reconstructioN «palr or
ARTICLC 6 replacement of e cepical improvemenl upon lhe Common Area, including fixtucet and personal
RLPAIR AND MAINTCNNdCE nroperty reJelcd fherelo, or af any componenl ef any Dwelling for wbich the Assaciatien is
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4069118 4063118
, ry: 15 el 59 i ~ liyt; 16 ai ;9
illW1i996 OI;OSP 1t11811996 04:W
Q10tE 1 ASiMNER l ClY tAll lFA,90 Spaltn! Co, 6l !El~f I dSfqN3~i~CR {~Iti f0Y 60.04 Spoltnt A,1G
responzible, or to daftay eny uoemicipaled or underostimeted expense nat covered by Ihe Regular • baoming due prior or subsequent lo such sale or iransfer. Notwitlistending ihe foregoing, the sale
Assasment (and, whue ncassuy, for tattea assessed egeinri the Cornmon Atea); provided, however, or Iransfer or eny lol pursuant lo, fareclosure or by deed (n lieu or foretlosure or a recorJed Grst
that tlu e~egatc Extraordinary Asscssmonls for any fiscal year sliall not cxeecd 40 percent (40%) i mortgngo given in gaod feith and for vnlue sliall extinguisli the lien o!' all sucli assessmentt as lo
or the budgeled gross expenses or Ihe As:ocialion for ihat fiscal year, tivithout the vote or written + paymenls whic!► bocnme duo prior lo sucli sale or treosfer (excepl for Assessmenl liens erising prior
nstcnt of twa-(hirds of lhe voting power of Ihe Associntion. This 40 pcrcent limitation shaU not be ~ to the rccordetion or ihe manglgc). Sale or transfer pursuent to mongagc foreclosuro shall not,
eppliceble to regular assessmenls or speciel essessments. hawcver, nlCeci lhc pusonal linbiliiy of Ihe owner for unpaid assessmrnlt. Any assessmenls for which
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the liens are extinguished pursuant io this pnragraph sball be deemed to bc common cr •es
9.5 "Wecial Assessmenji. In eddition lo tlie Rcgular and Cxlraardinery Assusment: i collectiblc from nll of Ilu lots including Ihe lot (or which thc lien was extinguishcJ. In a ve ry
nuthorized ebove, the Doerd rnay levy Spuial Asscssmems (without limilalion aa to nmount or ~ convryante of e lol, lhe grentce or Ihe same sball bcjoinlly enJ sevcrally lieble with Ihe granlor for
Gequenry) egninst en individue) lot and iIs owner !o reimburse lhe Associalion for costs incuned (o ~ all unpaid sssessments by Ihe Associatian against Ihe la►ICr up to Ihe time or the'granlor conveyance,
bring an owner end his lol inlo tomplience ►vilh Ihe provisions of dus Declaration end lhe Aylews. Without prejudico to the graniee's right to recover Gom thc grantor tlie emounts peid by the gramoe
including eetuol allarneys' fees end eosts. therefor. Howaver, any sucli granlee shall be enlitled to e stetemenl from tho Doard, seltins fonh
thc amount of tlic unpeid assessmcnls due Ilu Asaocietian, end tucli granlee shnll not be linble for,
9,6 djlocation or Assessmenls. Cach lol Jhall bear an equel shere or each regular and ~ nor shall lhe lot conveyed be subject lo e lien for, any unpaid essessmems made by Ihe Associatian
extm-ordinary assessmeni; provided, tho Associetion or Declarant shall heve the authority lo waive , egunst the grantor in excess of lhe amounl set fouh in Ihe slalemenl; provideJ, however, llie granlce
Ihe esses:menl for any lol which etsessment is altributable ►o improvenunls upon lhe lol or use by ~ shnll be liable for any such assessmcat becoming due afler ►he date or uny such stnlemenl,
owners of Ihe Iots such es snow plowing if no improvements heve then been constructed upon that
perlieuler lol seeking weiver o(tIte essetsment. No weiver elinll be euthorized, however, anee t i 9,10 Enkrccment o[dsscstmcn Ob iagiom: Prioritics: Qissjp.~=. If any part or eny
ariiGcale of occupancy or its equivelent heve been issued for tho lot or a(ler 120 days have passeJ ~ assessment is not pnid and reccived by the Association or ils designeted egenl within thirly (JO) doyf
sinee Ihe issuence or Ilie building perniit for Ilu dwclling upan Ilial pnrticular lot, wludiever first .I afla lhe duc Jele, such esscssnienl sliall Ihercafler bear inleresl al Iho rele of 11 percent (12%) per
occurs. • „ • ennum unlil paid. Additionnlly, en euiomatic late cliergc of Tcn Dollnrs (S 10) shall be essesscd far
• i cacli month or fraclion thercof from Ihe due dete umil the essetsmenl and all late charges ere paid.
9,7 Qat; ojComm~noemenl of Assessmen~, The regular assessmenls pravided for herein ~ Eech unpaid essessment shell constitute a lien on each rospective lot prior and superiar to all other
slui! commence as to ell lots in tlte Projal on tlie firsl day of the month following closing or the sele ~ liens exccpt (1) all laxet, bonds, essessmenls and oiher levics wliich, by law, would be superior
of the firsL lot in die Project. No notice o(sueli assessment shall be required. iherclo, and (2) Ilie licn or charbcs or any mongage of tttord made in bood failli and for velue. Such
. lien, whcn delinquenl, niny be enTorceJ by sale by Ihe htsocinlion, its altarney or olhcr pcrton
9.8 ~MnLL,Qp.e,nY. NolwithstnnJing any olher provision included in Article 9 huein , authorized by this Declaralion or by law to mnke ihe sale, a(ler fnilure or Ilic owner to pay such
, Ihe following propcrty, wliicli is othcnvise subject to this llcclaralion, sliall be cxempt from All esscssmcnt, in nccorJance %alli tlic proyisians or Washington Iiw rpplicable to Ihe cxcrcise or pr- -,s
llegulnr, Cxtrnordinery, anJ Spacial Assessuunls creeted lurein. I of sale in deedt of lrvst, or by judicia) foreclosure as a mohgage, or in any olher ntanner per 1
j by law. The Association, acting an bchrlf or tlu lot ownars, shall have Ihe power to bid for Ih,; iot
9.8.1 All lots or property owned by ilie Declarnnt whicli liavo not been improved , ot the forecloture sale, and lo ecquire nnd hald, lease, marlgage nnd canvcy tlie same. Tllo
' wiQi a resicicnlinl slrvcwre for dtivclling use; ' forcclosing pahy shall have Ilic righl lo reduce or eliminate eny rcdcniplion righls or Iha defaulting
. i owner ea ellowcd by lativ. Suil lo recover e moncy juJgmcnt far unpeid assessmenls, renl and
9.8.2 NI lols or properties dcdicnted lo end ecceptcd by R lacel public authorily; i eltorneys' fccs sliall bc mainleined withoul farcclasing or waiving tlte licn sccunng lhe same. 1'ha
Doard may impose reasonable monetary pennhies including ectual aliorneys' fees anJ costs and may
9.5.3 llll lots ownod by e building eomraetor but only for a period or six (6) months lemporarily suspend Ilie Associelion membersliip riglils or a lol owner wJio is in default in psyment
Gom the dale of tlie dosing ofwch such lol n(ter wluch (ime llie usessmenfs shall again be applicablo or any Assestment, afler notice aad hearing according to the Dylarvs,
subjecl lo thc provisions of Puegreph 9,6. ,
; 9.11 Ptyrnrnt of Taxes Astetsed Ag@ys1 Gommon Area ar Pcr, nal Prooertv of Asto .iglion.
9.8.4 All Common Areas, i In the cvenl tliat any loxes arc assetstd egainsl Ilio Common, or the personal propetty of the
,
, AssociatioN rether than egainst Ihc lols, said laxes shell be included in the essesamenls madn undcr.
9.9 Transfcr of 1.at bv Snle or rQralo=. Thc sale or trensfcr of any lol shall not aII'cct ~ the provisions of this Artidc, nnd, if nectssuy, an extraordinary assestmcnt may be levied egainst lhe
any usessmcnt licN or relicve lhc lol from any liability Ihercfor, whclhcr Ilie lien pcrlains to paymems ~ lols in an amount equal to said taxcs (rcgarJless of Ihe limilation on exlraordinary esaessmcnls sct -24. •25-
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4063118 4063119
P~gr, ti of S9 i Pi4c28 al 69
ti2liaii~ 1 2 lions96 a:c
BEIOl I kSIQm IA 1ohY (AY , 66.00 Spalint Co, U ; SENNE IASKKIRERIA 161Y tAti 66,00 6polum W. U
fonh in Paragrnph 9.4 abovc), Io be pa+d in hvo (2) installmcnlt, Ihirty (10) days rrior to the due dale ? ARTICLE 10
of cach Inn installment, . r1p,icmcnt3 end Utili►ics
9,12 ~'°ntin~ eent S1rSS lLiP,il~►I ' g,dtsessmey, ln tlie event Declarant or the Assoeiation 10,1 Accrss nnd Mnintennnce CnscmenL~. Declarnnt expressly reserves for tbe benefit or
cliooses tv install slreet ligliting in eny given erea or any Phase or the Project, each owner in the the owners' reciprocal, nonexclusive easements for access, ingress and egress a3 well as for
partialer Phase benefitted by such slreet lighting shAll be abligaled lo pay lheir equal pro rata share ~ nppropriete signage for marlccting and designation or Ibe localion end nemes or the Ji(fercnl Phasas,
or the cost or installetion and maintennnce or suclt sirecl lighting witli Ihe essessment for the strect • ~ over ell or the Common Arca, and for the use and onjoymcnl thcrcof. Subjecl lo the provisions o('
lighling being levied cilher es part or ihe rcgular essessmcnl or, if nccessary, an extreordinary ~ dus Dcclaration goveming uso and cnjoyment Ilicreof, the easemenls may be used by Uccla 'is
essessment. Declernnt contemplates thal the bil) far tach awtur's shate af such street lighting ~ successors, purchasas end all ownen. Iheir guests, lenanls end invitecs, tesiJing on or temp, .11y
expense mey be included on weter billings submitfed by the Vern imgation Dislrict serving the ~ vitiling the Property, for welkways, ulililies, stornt wetcr dreinage, veliicufar dccesi and sucli otlur
Projoct in liai or e regular ennual usessment or extraordinary etsessmenl in which event each ovmer purposes reasanably necessary for use and enjoymenl of a lot in tlu Project,
sIirII bo raquired to pay Ihe monihly billings from the Vua Imgetlon Dislrict as cliarged. Declarant
makes no represemtition respccting ihe evailabili►y or slrect lighting et eny time, Ilowevcr, Some Declerant also cxpressly reservcs for the bcnefit of thc Doard af Trustecs and alI egenls,
strat Gghting s}vAU be cansidered to be for llu benefit of the entire Project and shall be es:used either oliicers and employeet of the Association, nonexclusive easements over the Common Atea as
to every ownu wilhin Ihe Projecl by inclusion on Ihc Vcra Imgation Districl billing or by regular nccc:sary io mainlain end repnir thc snmc, and to pcrfonn nll olhcr losks in accordnnce with Ihc
gcncrnl aucssmcnls, provisione of Ilus Dcclnrolioh incluJing signngc Por ninrkcling nnJ locnlion nnd namcs or Ihc various
~ Pltescs, Sucli cascinents ovcr llic Common ArGi slWl bc oppurtennnl to, binding upon anJ sliall pass
9,13 Rulcs Re trding Dilljpgand-CQll=i,on Proc dures. The Doerd shell have Ihe right lo i wieh che tille to, every (ol convcyed.
edopl rulet dnd regulalions uuing fortli proceduras for tlu purpose or malung thc essessments ~
1
provided herein end for the billing and colleclion af nll essesamems, provided tlint snid procedures ~ 0.2 ~ncro~chmeNs ~i ~nce nnd U~ilit~semenls, Cech lot wilhin ~he Property is
erc nol inconsistcnt with lhe provisions hereof. The failure or the Atsociation to send n bill to a her~by dcclared lo hovc an easement ovcr all edjoining lols end lhe Common Area for the purpose
Member shall not relieve any Member of lus liebility for any assessment or charge under Aus or accommodating any encroathment due lo engineering errurs, errors in original conswc►ion.
Dxlaration, but the Asses:ment lien therefor sheJl nol be forecloted or olhenvise enforced umil ihe I settlement or shi(ling af any building, or any other cause. There ahall be valid easements for Ihe
Member hes been given not less Ilian 30 days' written notice prior lo such (oreclosure or ; maintenence af said encroechmenls es long es they sliall exist, end Ilu riglils and obligations or
enforcement. owners shell not be nllcrcd in eny way by seid encroacliment, sclllcment or shi(ling; provided,
howover, thet in no evenl shnll e valid eascment I'or encronchment be created in favor or an owner
or owners iCsaid enuoachment occurted due to the willful misconduct of said owner or ownets, in
lhe evenl s slrudure is partially or totelly dcslroyed, end ihcn repaired or rebuill, lhe owners or each
, lot egrca Ilut minor encroaclunenls ova edjaining lots or Common Arcn shell be permiited nr t
' there shall be e velid eusement far Ihe meimennnce of teid encroecliments so long ns they sh81 t.
Declarant also expressly rescrves for the benefit or ilself end iet successors•imintcresi anJ
essigns, including the Associution, easemcnls over nnd under the entire Property (IOselher with the
right to grant end transfer the same) for Ihc instollation, rcpair, end maintenance of taniinry sewcr,
weler, dectric, ges, and telephone lines end facililias, heoling anJ air eondilioning facilities, 208
drainnge sweles, cable or master tdevision antenna linu, drainage facililies, walkweys, landscaping
nnd slreet Iighling, end signagc for markciing and locetion end neme of various Phases, as may be
hcreatlcc rcquircd to scrve Ihc Prorcrly, Dccleranl expressly rescncs the riglit to grenl to Spoknnc
Counry Scwcr Aiatricl, Vcrn lrrigatiun Disuict, Wnthinglon 1Vntcr Powcr Coinpnny, nnJ U.S.1Vcsi
~ Communicntions such wriUcn cascincnts es moy bc nccusery for (bc inslnllalian, I1101n1C111aCe And
f rcpeir of ulilily facililies, '
LND OC A1tTICLE 9 ~
ASSOCIATION MAINTCNANCG fUNOS AND ASSCSSML•NTS ~
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- ' 4063118 ~ .
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hgt, 29 al 59
I21181tirh 4069118
~ 1191; 30 al 69
ar ~t 1~.ao Spokim ta, R ul1a11496 a:au
~ . atx~ iAN~Ia a ar a~ 66.ao s~lint a, ~a
10.3 ''~I~~Wiei 1~j►I~ Ac~pcct tn Utiljjj.cg. The rights end duties or tho A1tTICLE 11
owncra or lots wilbin llte Projecl with respect to wilitics ahall bc es follows: . Reti dcnce end (1sy R qri liont
10.3.1 Whenever :anilary sewer, wala, eleetric, slrect lighting, ges, television In edclition to nll or lhc covcnnnls conlaincd liercin, thc usc or !hc Property and crch lot
receiving, or tolephone lina or connections are located or instolled within die Project, which IhetCin is 5ubjecl to lbe following:
cannceiions, or any panion ihcreof, lic in, upan, or bcneath lots or dwcHings owned by other lhan
Ihe owner or a dwelling served by seid connectiont, (he owners or any dwellinas served by seid 11.1 UsQof fndividugl„J,gj;; No structura or building of any kind sliall be erected on nny
conneelioas sbell bave Ilro righi, and nte liereby granlcd an tasement lo thc full extcnt necessary ! lot olhu than e singlo family dwclling for aingle family residendel occupancy only, not to excee,
Iherefar,lo enter upon the lots or to have Ilve utilily compenies enler upon lhe loes in or upon or etories in heighl, excepl for accessary buildings approved by lhe Architeclurel Review Commilt. s
below which said connectiont, or any ponion Ihereflf lie, to repair, replece end generelly mointnin said provided for In Perngreph 11. l S. Al) liouua will Iieve a miniinum two (1) cnr gnrage. In the event
conneclions as end when necessary, tbet Ihe Rice Percel shawn on Cxliibit "U" !a ennexed into Ihe Project nnd is tubjecl lo these
Covenanls, tlu size snd nelure of Ilte sing(e fnmily dwellings anJ eccessory bu+ldings thall likely ba
10.3.2 Whenaver snnilary eewer, waler, clectric, street lighting, gas, Idevision diQerene Ihen Ihose of (lu remoinder of the Project with seperetc rolee and guidclines esleblished by
reedving, or ldephone lines or connections are loceted or insla(led wilhin Ilie Projat, which ~ Supplemenlal Covenanls, providal, thal any and aU structures shall 31ill require erchiteclucal approve)
cannections acrve more than one dwelling, and owncr or each dwelling served by said conneccion I and shall blend with !hc remainder of Ihe Projcct. '
shell be entitled to the full use end enjoynunl or such poctions or said eannections es sarvice his
dwelling, 11.2 Bisiii -cs 1se Prohi bil d. No Irade, crn(t, business, profession, comiuercial or
manufacturing enternrise or busioess or commercW nctivity or eny kind aliell be conJueleJ or eamed
10.3,3 1n the event or A dispute betwcen owners tivith respctt lo the repair or on upon any lot, or within any dwdling localed on e lol, nor slinll any gooJs, equipmenl, vehiclcs,
tevuilJing of saiJ connections, or with respcct lo llie sharing of llie cost ilieraof, tlien, upon writlen including buses, lrucks end lrailcn oCnny ducriptior, or meterials or supplies used in conncuion with
request of one af such owners addressed lo the Assacialion, the matler sliall be submiUcd to tl►e Iho ttade, service or business, wherova the same mey be conducted, or any vehicles in exeess or
Doard, whicli shall Jaide the clitnute, onJ Ilie decision of tlit Iloard shnll be finel and conclusive on 12,000 pounds gross wcig)i1(incluJiaig buses, lrucks end lreilers or eny descripcion) used for privale
Uie porties. purnoses, be kcpt, perkcd, slorcd, dismnnlled or repnired ouiside or ony lol, or on nny or Ihe ronds,
Flome occupntions mny be permiucJ wilh the specific wriften approvnl of Ihe Archilectural Review
10,4 View BMUictiopg. Cacli Memba of the Astaciation as an owner of e loe in Ihe overall Comntiflee and as approved by Counly toning tode or regulation.
Shetley Lakc PUD hereby spcciricaily acknawledga (lu+t tlure will bc fiiture conscNuion adjaccnt '
lo or nar lheir bt fhal could reslrict some vicws. Additionally, no lot owner shAll rely upan any 11,3 1=12,ora[y Slruclures, No Irailer, basemenf, tenl, 5I1ACS(, garage, bam or o16er
repruertlet'rons by eny real eslele egcnl, owner or olhu party coneerning unobstructed views. Tho outbuilding or any structure or a temporery charecler erecled or placed on lho Property shal( al eny
views exisling et Ihe lime af purchese or any given lot mny chonge consiJerebly subanquent lo tllo timo be used es e residentc Icmporarily or pertnencnlly.
dato of purchesa, Each Member nsrec: thet they shell httve no cause of aclion or olher remedics besed upon any restriction or Iheit view Gom the construction of alher improvements wilhin the 11.4 Minimum Dwelling Size. T'lu ground Aoor or Ihe main siticture or a dwclling,
overal) Project. ezclutive of open porches and garoges, s!►n!I be esliblished by Ihe Archilcciural Review Commiuce
end may bc difl'ucnt between various Phases or oven between various lots within the same Phase.
11.5 C=pIcti9n o[,Conslruclion, Any dwelling ercclcJ or plticed on any lot shall be
completed as lo txeernal nppcarnnce, including finislied pninling, within nino (9) monlhs !'rom Ihe dete
of commencement of conslNCtion. Each lot owner ahell be required ta cleen up the (ol of all cut or
fallen Irees, bushes, shrubs, etc. (clearing And gNbbing) wilbin 1wo wccks aller the clearing end
grubbing activilytegins nnd lo hauf Ihe debris eway Gom II►e subdivision. Eacli lot ownu sliall also
be required to clean up the lat within ten,(10) days of comple(ing construction or when deemed
naessuy by the archilaturnl commiltce to present a neat end tidy eppenrance lvi cech !ot during Ihe
END Of ARTICLG 10 building process.
EASLMCNTS AND UTfLITIES -28- , •19•
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4069118 j 4063118
li s; 71 af S9 ' hget ~ oI 59
lE~IE I 12 1 191I4% OI;QSP I It11tN996 01;061
lS~N9~~~ { p~Y t0Y 66.00 Spaliet W. U ~ IflNf kSglqLRfR 1 61Y 60'I M,01 Spdint G, Q
I~I!17AI1c,C,F. No nnxioue, iilc~nl, or o~'cnaive nc~ivilica slinll bc crrricd on in nny ~ or slarnbc pilc3 thnll hc kcpl scrccncJ nnd cancca(ccl (~om vic~v of ullicr thvcllin6s, strccls and tlic
dwclling, or in eiiy part af Ihc Prorcrty, oor shall enylhing be done thcrcon whicll may bc or mny ; Common Area,
become an ennoyence or e nuisance to or which mny in any wny inlerfere with tlio quiet enjoymene '
of each of lhe Ownets or hi9 respective dwelling, or which shall in any wey inerease the rate of ~ 11.1 ! Radio end Television Antenna+. No owna may be penniued to conswct, use, or
insurance for the Praject, or cause eny insuranu Roliry to be canceled or lo cause as rofusal to renew operete his own external rRdio, television antenne, or other electronic antenna without the conseat
the snme, or which will impeir the stniclural integrily of ony building, or !lu Archilecturel Review CommiUee.
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11.7 'i , Signs edvertising lats for sale or rent may be displayeJ on Ihe approprinlt lot i 11. 12.lolli Q in e. No exlcrior clolltes lines shell bc erecled or meinlnined tivith tie
williout prior epproval or Ihe I3oerd or iho Arthicectural Commiltce, ptovidcd that such signs ahall ~ consent of Ihe Architcclura) Revicw Commiuce,
be ef reasonablc nnd cu31omary size, not to exceed fivo (S) square Ret. Cxcept as expressly ~
pemiitled by Ihis paragMph, no signs shall be displayed lo Ilie publie view on any dwelqngs or on eny 1 11. 13 Power yi m nt and ar Maintennnce. No commercial powa eqnlpment uliliud
portion or Ihe Propehy, unless fint npproved by the Doard or 1he Mchitecturel Committee, for work otlicr than rautino maintenence of the lat or improvcmcnls, and no work shops or cir
I meinlennnto of eny noluro whatsocver (olhcr ll►an minor repeirs requiring no more tlun Iwenlyfour
11,8 QpjumlNo animnls of any kind ahall be rnised, bred, or kept in any dwelling, or on ' (24) Iiours wock) shaJl be pcrtnilled on !he Property exccpt tivill) prior written epprova) of Ilu Doard.
eny ponion or Ilie Properly; excepl thnt no more ehan tluee (3) usual nnd ordinnry household peb ~ In deciding wltelhu lo grant approval, the Doard shdl consider the effats or noise, eir pollulion, dirt
tuch es dogs and cots may ba kept, rro~ided Ihaf lhey nre not kcpt, breJ, or mointained for eny ~ or greese, ftre hazsrd, interfcrence wilh reJio or television receplion, and similar objeetions.
commercial purpasa, end thet tluy ue kept iinder reasonAble conlrol at all tfines. My such dog ahalf ! be kept an a leesli at all time3 thet Ihe dog is in 1ha Common Area. 4wnas shell prevent Iluir peb ~ 11J4 Eprkjpg. porking ofboals, treilen, motortycles, trocki, truck/campers, motar homes,
from soiling ell portions or Ilu Common Area nnd in ilic cvent e pet does soil a portion or the i and like equipment shall not be ellowed on any perl of Ilie Property, nor on tlie Common Area,
Common Area, tlu owner or persan in comrol af such pet shall immeJiately clean uP atler lhe pel. i excepting only williin Ihe confines af an enclosed gerage end no pahion af the sama mey projec!
The DouJ may enact reasonable rules rapecting lhe keeping or animals within the Project end may beyond (he enclosed area excepl under such circumalences, if eny, as may be prcuribed by writlen
designale certain ereas in which animals may not be teken or kept, or may rcquiro thnt specific permit npproved by Ihe Archileclural Commiuec and except for loeding, unloeding, or maimenance,
animals not be epawed on any pert o[ the Property. ~ which shall not cxceed 48 houra. All otlier parking or equipmenl sIiall be ptohibited excepl in tuch
areas, tully scrcened from public vicw, es mey ba npproveJ'tn wriling by tlie Archileclurel Committee,
NO PIT IIULLDOGS OR EXOT►C ANJMALS SFIAZ.I, DE PCRMITTLD ANYWH.CILE ~ 1f any of the provisions 01706 seclion ere violaled, the Board of tho Association oiay employ e tow
ON THE PROJECT DY ANY PERSON FQR ANY IICASON AT ANY TIM6, P1T BULL being ~ lrock to remove the vehicle d(ler prior tvrilten notice lo Ihe owner end the owner or the velucle thall
defined es Ihe Americen 5lafford Shire Terrier by Ihe American Kennd Club or tht Stefford Sftire ~ be respon:iblo for any charges nrising therefrom. This perasraph shell not preclude Ihe parking or
Hull Terriat by Ihe A.K.C., or the American Pil Dull Temer by the United Kennel Club and exotie , j automobiles, pickups, SUVs or oehor vdiicles used in the tcansponallon or Iha occupants of lha
enimals being dcfined by Spokane Counly OrJinancc. dwefling, . 11.9 P►Iiwnv~. All wniks, roeJs, bike paths and pedestrien paths locnted within Common 11,15 etecssgry Duildina+. Acetssory buildings such As storagc swcturee end dcle%;.IeJ
Area are for the use or Associaiion Members on an equal besis, subject to reasonable roles nnd' gor9ges, tivhith sre incidenlal lo e primnry residrnce may be conslrucletl only tivitb the wriUcn conscnt
rcgulalions promulgatcd in wriling by Ihe Assotiation, (l sbnll be tltc responsibility or each Mcmber of Ilu Arcliilcclurnl Rcview Committce and sliall comply with nll Spoknne Counly Zoning Rules and
to ellow maximum eose of pedestriah bicycle and vehiculsr ingress end egress over welks, roeds and Regulalions,
driveweys by ellawing no obstruction or berrier on, ncrosa or ndjacenl to sidewniks or paths which
would imerfcre wilh any of lier Member's use of the Cammon Aree or eccess !o his d+velling. The 11.16 FxleIISii.1,J8LtiDS. All proposed exicrior lighling musl bo mbmiltcd Io lhe
Ptdestrian Irial tunounJing Shelley l.ake shall bo used pursuent to the rules end regulalions ' Architeclurol Commillee for approvel end shafl be ellowed only in very IimieeJ cireumslances anJ
ealablished by DcclerAnt or Ihe Aswciation goveming [Iie semc es sct forth in Paragraph 6.5. , situations. Na halogan or iiigh inlensi(y yard lights ahnll be'allowccl,
11.10 QAEbage end Refu;e Disp.qW ~ I1,17 HoWarrnn
, All rubbish, lrosl~ nnd gerbege slinll be rc6tilnrly y of i'nforcegbilay. While Declarenl hns no rceson lo belicve lhol any of
removed from the Property, anJ shall not be allowed to nccumulate Ihereon. Tresh, gnrbage end i tho restriclivc covenants contained in Ihis'Article 11 or elsewhere in Ihis Decleretion ere or mwy be
other wesle shall nat be kepl except in sanitary containers. All equipmenl, garbage enns, wood piles, ~ invalid or unenforceable for ony reason or to eny eactent. Declnranl makes no waRanty or
~ representalion as to lhe presenl or fulure validiey or enrarceability or any sucb reslriclive covenant.
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4069118
4063118 ~ h K o169
t~gt; ~ of 59 ; tr~ion~ a:os►
itna1i~ a,o~ s~w a, U.
M asKXW Iw I ar CDr W.oD sFo►u,l ce, a ~ ARTICLE l2
My owna ecquiring a lot in Ihe Project in reliance on one or more of such rostrictive covenant> >hep ~ ` .
essume ail risks or the velidily and enforceability lhueof end, by acquiring thc lot egrees to hald
Declarent harniless ilure(tom,
12.1 DujY lq,Obtain Insurnnce: Tmes, The Doard as to all common areas within this
11. 18 Emri. All fences must be submilled to Iho Archilcelural Commiuee prior to ' pMicular Phase snd Ihe commiuee as to ell Common Mw shall wuse la be obtnined and meintained
conslruction end mwt be approved by the CommiUee es lo site, locntion, eolor end locetian or the following policies of insurance;
meteriels. In no event shell ryclone fences be constructed if vi3ible from eny stroet within Ihe Project ! • `
oiha Ihan es epproved by the Architeclurel Commiuee, which will be in very limited circumstances. ; (a) 1lazard Insurenco; A"master' or'blankel" ~ype of hazarc! insuranc~ y
~ or poliaes wilh rapect lo Ihe Common Area prolecting egainst loss or damage by fire and ell wria
i haznrds Ihet are normnlly covcred by tbe s(enJard cxtcnded covuage rndorscmcnt, encl nll othcr
11,19 pj$Cg~CLLnUnsectg. No owner sltel) permit Anything or conJition to exiSt upon eny ptrils ctutomarily covercd for similar lypes or projects, including those covered by ilie atendnrd 'oll
lot or Pnrccl which shal) Inducc, breed or h~rbor infecliaus ~IAnI discase~ or naxioue insccts, ~ risk" cndorsement. Tho harard policy sliall cover one hundreJ percent (1000/0) of lhe currenl
11,20 I+iodel fIomcs. The provisions of Qiis Decleration which prohibit nonreaidenlial use , replacemont cost or all insured facililia, '
or lats end perceb and regulete perking or vehides shell not prohibit the construction end '
mainlennnea of madel homes by persons engaged in Ihe conslr~ction of residentinl Jwellings in lhe ' (b) Liabili y Insurance; A comprehcn~ive gcneral liability insurance policy
Projecl and porking incidenlal lo the visiting or such model homes so long es the locacion of such ! covaing oll Common Areas, nll Pelhways, end ell public ways end olher areas that ue under the
model h omes ere e~proved by Ilu Arcliilecturel Commitlee, Tlie Archi~ecturel Commiltee may elso ~ supervision or the Associelion. Tha liebility policy sIinll proviJa coverege or at least S 1,000,000,
permit lols end oilier ereas to be used for parking in connection willi tlic sliowing of model homes ± wvering bodily injury and propcrty damnge resull(ng from Ihe operalion, meintenance or wo oCtlie
10 long as such parking and patking ereas ere in compliance wilh ilie orJinances of tlie County or i Common Area and tho pethwnys, and nny legal liebilily resulting from la%vsuits relnted to employment
Spokene and eny Nla af lbe Architeclural Commiuee, coneracta to which tho Assotiation may be a party,
11.21 Incidenlal Uses. The Doard may approve uses of property within e land use ~ (c) FidelitY_Il4Ildi, 1f required by a lender under one of the programs described
classification which nre incidentel lo Ihe full enjaymenl o[tlie owners or lhe Property within lhat land ~ in ParRgraph 11,2, below, blanket fidelity bonda for anyane wllo either hanJles or is responsible for
use classificalion. Such approval may be subject to such regulations, limitations end restrictions, ~ funds uo hald or edminislcred by the Association, wluQur or not thcy receive compensation for wch
including termination of lhe use, es the Donrd may wisli lo impose in its sole discretion for llie benefit I services. My managemenl agenl Ihat liendle: funds for tlie A:societion shall elso be covered by its
of Ihe Projcct, as e whole, . ; own (idelity bond, The bond shell cover lhe meximum fund: thal will be (n the custody or the
~ Association or its ngent at any limc while 11ie bond is in force. Additionally, the 6delily bond
~ coverage musl at Icast equal ihc sum of tlvee (3) months' essessments on all lots in lhe Project, nlus
~ tlro Associnlion's « scrve funds,
I
' I .
! 12,2 Lynders' Rcnuirementg, Notwidulanding sny olher provisians herein, the Assacieiion
~ shall conlinuously meinlein in effecl sucli cesualty, flood and liebility insurance end fiJelily bonds
~ muting the insurance and bond requirements for similer projecie esteblithed by the federel National
. ; Martgagc Assaciation ("fNMA'), thc Govcmmcnl Nalional Mortgage Attocialian ("CNMA'), Thn
i Mortgage Corporolion ("TMC'), Veterens AJminislretion ("VA") andJor tho Federal Housing
Adminislralion ("CHA"), so Iong ns nny of Iliem shall bo e holder, insurcr or guarontor or e mongege
enciimbering e lot within tlie Project (or nn nctunl owner or a lot), exccpl to Ihe extenl suclt covcrage
ia nat available or has bccn waived in writing by FNMA, GNhtA,1'MC, VA, endlor rF1A, es
, applicable. , ,
12,3 Waiver or Claim Aaainst A sociatio . As to all policies of insurance maintained by
LND Of ARTICLE 1 I or for Ihe benefit or lhe Associelion end the owners, the Associalion end Ihe owncrs haeby waive
- RLSiDCNCC MIU USL RESTR1CT10NS and release aJl claims against one anolhcr, lhc Doord of Direclors and Declarant, lo Ibe exlent o(lhe
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4OG3118 4063118
h9~; ~ el S4 hgt; ~6 oI S9
~ 12►181I996 01;06P It11111996 01;0~
~IWE (,S►~N6REKR i AY c01 166,00 Spaluu Ca. U I -EK I ASNENERfltll 161Y 00'f 6.01 Spoluu G, u
Dnsurance proceeds evailable, whelher or no! Iha insurable dame ge or ln ju ry is ceustd b y the ( intaests of nll nemed insureds under policies of insurance meintained for the Cammon Areas pursuent
negligence of or breach of any egreemonl by eny of said persons, to I he terms en d ptovisions of this parograph.
12.4 Right,aad Dutv o('Owne st to insure. U i: the responsibilily of eech owner Io provide
hezerd inwrence on I7is or cer dwclling, end on his or her personal prapeny and upon ell olher propehy and improvemenls wilhin Itis lof, Nothing herein ahel) preclude any awner from cerrying
eny public liebility insurence ns he or she deems dcsiroble to cover his or lier individual liabilily for
demage to persons or propeRy occurring within his or her individue) lot or elsewhere upon the '
Propehy, Sucli policie> >hell aot adversely atfect or dimirash eny liebility under eny insuronce
obleined by or on behalf of the Associetion, end duplicate copies olsucl► other policies shall bo
deposited with the Donrd upan request. 1f eny loss intended to be coverecl by insurnnce camed by or on behalf of llie Associaiion sliell occur and the proceeds peyeble tliereunder shall be rcduced by ,
reesan of insurence certied by any owner, such awner shall assign the praceeds of such insurance
cnrticd by ltim lo ll►e Associalion to the extenl of such reJuclion, far applicalion by Ilie Bonrd to ehe
snme purnoscs es the reduced proceeds arc to bc epplicd.
12,5 I~,ice of Exoiration Ren ir , lf availeble, all of the policies or insurance I '
meinlairted by tJte Asaocintion aha11 cantain a provision 4hat snid policy or policies shall nol be
canceled, letmineted et tzpited by their tcrtns, wiihout len (10) days' prior wriUen naticc to thc .
DoarJ, Declernnl, Owners and lheir respectivc first morigngecs (provided lliet such person have filed '
written raquats with (he uurier for such rtotice) and avery olher person In interest who requesls iuch noticc lo the insurer. '
12,6 LqmhlMl. Insurnnec pnmiums far any bInnkct insurnrtec eavcrnac obinincd
by thc Associalion nnd eny otl,cr insurnncc dccmcd nctcunry by Ihc I)onrJ of nir¢cton slinll bc a
comman expenic to be incluJcJ in ihe reipilar nsscssmcnts IevicJ by thc Auociation and cellected
Gom thc ownen,
12.7 Juttce f°r Po1i i „S, T1u Assouetion, nc►ing lhrougb ils Doard of Directors, is heccby ,
appainfed and shnll be deemed Itistae of lha inlercsts of all nemed insured under policia of (nsuranca -
purchtised and meinleincd by Ilie Associelion. NI insurance proceeJs under eay such Palicies as
proviJcd for in Parngraplt 12.1 above sliall be pnid to clic Danrd or Directon as TNStces, The Donrd
3hell hwe till power to reecive end to roceipt for Ilic proceeds and lo dee) lhcrewith as provided herein. Jnsuranco proceeJs slsaq be uscd by die Associalion for Ihe repnir or replacement of iho
property fvr which dtie insurnnce was camed or othenvise disposed or es proadad in this Declaratian.
The DoerJ is lureby grnnted tlu nuthority lo negolinte Iots scltlements willt the appropriate insurenco '
carriere, witli pariicipalion, to Ihe exteot they desire, or first mortgegees who have filed written •
requests wilhin ten (10) deys or receipl or nolice or any damege or destruciion as provided in this
Dalaration. My lwo (1) Directora of t6e Association mey sign a loss claim form end releese [ornt
in conneetion wilh the settlement of e loss clain% and such signetures shall be binding on all the named ,
insureds. My single Asaocialion mey ect es agenl for the commiltee and be deemed trustee of Ihe
END OC ARTiCLE 11
INSUMNCC
.Sq. • -35-
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4089118 hg►: 36 d 59
hgi; 31 of 59 , 12I1111996 04:OSr
121I81I996 G;pSP 1f1UlE I ASNfd3W 1 Dl1 f0'f 9640 fpoYum Ce, u
'E)M n_~ I QA I At ~ 166.00 SFOEIAI Cd, A
ARTICLE 11 witliln thc stipulefed period or sime, the everage or the three (3) eppraisals shell be utilized. lf.
Acslruclion of Imnrovemenls howevtr, the low nppraisal endlar the high eppreisa) is more then I S percent (J S'o) lowu endlor
' ' hJglicr tlian Ihe nuddle appraisel, Ihe low appreisal and/or tha high eppraisnl shnll be disregerded. If
13.1 D-mge to Com om n Aregl. In the'evenl or eny deslruction or eny porlion af Ihe only one eppraisal is disregarded, the everege of ihe two remeining eppraisel> >hell bo wilizad, If
Common Are4 tlie repair or replecement oFwhicfi is lhe rqponsibilily ollhe Astociatian, it sliall be both the Iow eppreisel and thc high appreisal are diaragarded, Ifie middle appraisel shall be utilized.
the duty or ilie Associallon to restore end repair Ilie eame to ils former condition, es promptly ns Tho cost of Ihe eppraisals required by Ihis subparagroph shell be peid by tlu Associelion end
praclical. 71ie proceeds of eny 1n:urance mainlained pursusnt lo Arlicle 12 hereof shall be wed fur reimbursed by tlu owncrt whoto Property hns becn demaged thraugh e spccial esaessment.
such purpose, unless othenvise proviJed herein. The Board shell be aulhorized to repair or replace ~
ei promptly es preetical, The Propetty shell be reconstructed or «buill tubsleneially in nccotdance ' , 17•S 1nlerio~Damgg~. Aesloration end repeir of any damege to the interio~ ,.y
~vitli the origlnel conslniction plans. 1f lhe amount availeble from the proceeds of:uch insurance mdividual dwelling, including without limitelion nll fixlutu,. cnbinet9 end imnrovemems therein,
policia for such resloralion end tepeJr ie inndaquate lo complela the restorafion and repair, the Boord logelher wilh ratornlion nnd repeir or ell inlcrior painl, wall coverings end Iloor coverings, :hall be
shell levy en Gxtrnordinnry Assessment for Ihe Jeficianey and proceed wilh such restoralion and mude by nnd at !he inJividunl expense of ihe owner of llie dwclling so JnmAgcd.
rcpair,
13.2 Darnagc,jp we ling1, In Ilie event or ony destruction or any dwcl(ing or dtivellings,
it shell be tlie duty or tlie otvner(s) or tlie dtvelling or dwellings to restore and repair the same to
itsltlieir former wndition, as promptly ns praclical, under Qia supervisian or the Bonrd. 7i►e procecds
of any iruurance mainfeined pursuant to Mic(e 12 hereof for reconstruction or repair of the Property
shell be mnde availeble for auch purpose, unless alhenvise provided herein. Tho dwelling or ,
dwellings SIuJI be reconswcttd or rebuilt subalentially in eccardance with the original construclion ,
plans. lf the amaune available from Ihe praceeds of such insuranco policiW far.such restorntion end
repair is less than Ihe estimaled cost of ratoretion and repeir, the ownu(s) of the dwelling or •
dweUings alwll be raponsible far the defiuenry, end Ihe Board shell have lhe pawer to levy a Special
Assessment to secure paymenl of the deficiency. ln ihe evenl more Ihan one dwelling is demaged or '
de3trayed, Ihe evailable insurence proceeds shell be ellocaled nccorJing lo the estimated casts of
repair end realoretion of each dwelling, .
11,3 dl,temate Plans far Rcsloralion end Rep,*. Nolwithsfanding the pravisions or
Paregephs I),l and 13.2, lhc Associelion 3hall heve lhe righl, by e vole or ?S percent (75%) or the
voting power or llie Doard or Dirators or lhe Associatior% to malce allemnle nrrangements respecting
iha repair, reslomtion or derttolilion of Ihe demnged portion or Ihe Proputy, The ellernele plen mey ,
proviJe far epeciel nllacalion of insurance proceeds, modificalion of design, or spcciol ellocolion or
nny naessary essessmcnts. Any plen adoplcJ pursuent to this subprrngraph 3hell be adopted wilhin
iixly (60) Joys of die dn►noge or deslruclioa anJ shall bc suppohcd by tlie vola of eny owner whose
dwelling has been pliysically dameged,
13.4 Qn2rnisel of Damaas. !n the event the parlies a(rccled by demegc or destruction to •
Ilu Propeny cannot agree, witJiin twenly (20) drys af tlu dale o[the demage, an Iho eslimeled cost of repair at the dllocalians referred lo in Ihi: Ahicle 13, lhe /+ssocietion shall lippoint three (3) '
independenl epprRi3tn having et lwst five (S) yean fuU•tune eppraisal experience in Spokene Counry,
Washinglon, to eppreite lhe damege end atablish allocelions among veriaw dameged portions of ~ the Property, Wilhin Iwenty (20) days elter Ihe seleclion or die eppraisen, a majority o[ the LND Of ART1Cl.E 17
appreisers ahall se! the estimales and allocetions. If n majoriry of Qu eppraiscrs are unable to egree DESTRUCTIOH Of IMPROVLfvtEMS
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. - , 4063tia 4t9t; 19 0169 ' 4063118
1t110119% aW Piyr40 al 59
~,pp S4o1Nl W4 ~ IJIIB1I496 61;~b1
~1¢tE11 AS~Fnti4R 1 aY ~Y 6fJD~(11SIaIQl~1~8 l;1~ WY 166.00 fpolint Co, G
ART'ICLE 14 ARTICLE IS
pcclarant 's Rislils aod Reservalions I' Annexation o,(Su6eaucn Phnm
~
14,1 Declarant'a RiPzht of Aece". bcclarenl iS undertaking Ilie work of conslructian of the 15,1 i R18hLnlAnnexe►ion.
Project end the aealion of Ihe residential devclopmenl on lhe Property. The complelian of that work end the 3ele or other disposilien or the lots is aeenlinl ro the esteblishment and welfare or the ~ (e) The Declarant expre~sly reserva the right lo ennex end ~ubject additlonel Phnus .
Property a~ ~ te~idential community. In orda lhat said work mny be com~(eted and said Property which are included in Exhibit "A" as well as eJditioneJ annexable propeny oulside of Ihe real propehy
be e3teblished as e fully occupied residential community es rapidly es possible, nolhing (n tlus set torth on Exhibit "A"~and Ihe Nce Percel, to Ihis Dalanlion wi~l~out the consent of eny o~•
Declnralion sliell be undentaod or cons~ruod fo: ~ , The ennexetion of any such eddilional phase:hn(f be eceomplishad by the Deciarant rocordinL ,
Ihe Counly Audilor of Spokane County, Washington, e Declaretion of Mneznlion steting (1) ine
14.1.1 Prevenl pcclarant, ils coatraclors, or Subconlraclon from doing on the Icgal desuiption oClhe real property being ennexed; end (ii) e dcsceiption of any portion of tbe «al
Property, whatcver is reasonably neceseary or advisable in connection witli the complction or the propatty being odded which will be Common Area,
wak; or '
(b) My eddilionel Pheso annexed pur:unnt to this Section shell no1 beeoma irtevocably
14.1,2 Prevent Decleront or its represcntalivW from erecting, constructing and ann"ed to the Project unlil Ihe date on which lhe first lot wilhin tlu annexed property is conveyed
mainlaining an eny pnrt or nerls of lhe Property, such slruclures as mey be r"sonnbla end necessery to a PurchtLser, !f any Aeclarntion of Annexalion recorded pursuant to Ihis Seclion dividea the real
for the canduct oCits businus of campleting seid work end establishing seid Properly ae a residential ~ property bcing snnexed'Inlo separeto Phascl, tlu each Phase or Ihe property being anncxed shail not
commwily end disposing of Ihe seme in pnrcels by sale or olher disposition; or I become irrevocably annexed to Iho Project until the date on wiiich che first fot within such Phesa is
~ conveyed to 4 Purcheser.
14.1.3 Prevenl Dcclarant from maintaining such sign or signs an eny of lhe Property ~
as mny be nccessary for Ilie salc or disposicion thaeof. (c) Tha Dalarant shall heve Ihe riglit to emend eny Decleretion or Annexetion recorded
• pursuant lo this Section to change ihe descriptian of Phases +hthin the property being annexed except
14,2 Tyrniinalion of Any Re onsibilil,y oFDeclg=. 1n lhe event Declarant shall convey i thal the Dcclarant may not change any reel property wliich has alreedy bccome irtevocably ennexed
all of ils right, title end interest in end to tlu PropcRy to any paMnecship, individual or individuals, lo Ihe Projtct.
eorporation or eorporalions, then and in such event. Declarane shali be relieved of Q+e perforniance
or eny furthar duty or obligetion herandor, and such pertnership, individuel or individuals, (d) Declnrent may wilhdrnw from ~iie Projoct any reel Qroperty described in t Decleretion
corpotntion or corparRlions, ehall be obligeled to per!'orm all such duties and abligationg of the of Mne~cation which has nol been irrevocably annexed to the ProJect pursuant lo the provisians of
Decluent, end slull be eonsidered Iha Dalunnt's wccessor in interest, provided, lhat Declerant shep thi~ Seclion, My auth withdnwel or propeny from Iho Arojcct shall bo ~+ccompli~hed by ~ho
stil) heve full eulhodry end responsibilily es to the Architeclural Commiltee unless olheiwiso recording wilh tlie County Audilor of Spokano Counly, Washington, or a Decleralion oI'Wilhdnwal
Iermineied or transferred as well, ' ducnbing tha portion or tho property being withdrewn. Upon the recording or any such Decl 'In
of Withdrawel, tlia roal property described in Ilie Declaretion of Wilhdrawel sliell no longer ~.rt
of the 3'rojecl or aubject to the Decleration,
'(c) Tlu voling righl9 or Ihe owners or lob ennexcd lnirsuenl to this Scclion shall be
er'cclive es of liio dete of the Declaraefon ef Annexnlion is recorded. The lot etvncrs' obligation lo
pay rlssWSments sheq commence es provided for in lliis Declaretion.
15.2 Assar ces.
(e) Addilional real propehy mny be edded et nne time or in ono or mote portions at
different I+mes, or it mey neva be added, unJ there are no limilntions upon tlte ocder of eddition or
END Or ARTICLC 14 the bounderies Ihercof. The property ennexed inb the ProJecl need nat be conliguoos.
DCCLA1tANTS NGIfTS ANO RGSCRVATION
.38. -]9.
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4063118 4063118
h r 11 el 59 li t; It o( 59
u~I uin 0119 1:311r19% a.cu
~ tAsgmu t iAr cv. 166,00 s04LIAl a, U ~ uX i asKWMI I Jr ao} 66,0u spduu a, a
(b) There are no IimftatioN on cha locatlons or dimenslon9 otlmprovements to bc lacated ARTlCLE 16
on eny rcal propehy annexed by the Declerant. No assurancea are meda as to what, if any, further , Ainhi,t1irMollgngees
improvements will be mado by Declerant on nny real property annexed by tlie Declarant, ,
Nohvithstending eny olher provisian or ►his Dccleretion, no amendmcnt or violAiion or this
(c) Declarenl mnkes no essurances ee lo Ihe execl number of lota which shell be eddcd Declerntion sbalf operate to defcol or render invalid lhc righb ofany mortgegee or a lot maJe in good
Io tlie Project by tinnexation of adJilionel rcal propchy, faith for value, providcd tlial e(tcr the foralosure or any aucli mongege, auch lot sliall remein subject
to this Declarafion, as emended. Nolwiihstending eny end ell proviaions or this Ueclarotian t,
15.3 Any edditional Phese ennaced mey be subjxt lo a Supplemenlel Decletation ptovidirtg conlrary, (n order lo induca various lenders to perticipeea in tho financing of Ihe:ale of lots w, ,
spaific covmants, condilions and restrictione eppliceble to lliat 3pacific ennexed Phase only, which 11ia Projece, tho following provi3ions are edded liereto (and lo tha extent these tdded provisions
Supplemenlel Declernlion sliall be In eddilion to ell provielons o( th1s Declaretlon. conlllet with any etlier provisions of lhis Declarneion, thue edded restrictions shell conlrol):
16.1 Each Grst mortgagee of a morigage encumbering any (ot, upon filing ewritten request
for notificalion with Ihe Davd, is cntitled to writlen notificalion Gom the Atsocialion or any default
by tho mongagor or such lot in Ihe performnnce or :uch mortgagors obligations under this
, Decloration, whicJi default is nol cured wilhin Ihihy (70) days n(Ier Ihe Associatian Iearns of such •
~ default, for purposcs of ihis Decleralion, n"firtt mo►tgnge" shnll menn e mortgngee of e martgage
i• willi firsl priority over otlier mortgages on a lot,
~ 16.2 Eech first mortgagee of a mortgage encumbering dny•lot, tvhich obleins dQe to such lot
pursuent tojudiual foreclosure or the powers provided in such martgege, shall teke title to sudt lot
free and cleer or any cluims tor unpaid essessmenla or cliarges egainsl sucli lot which eccrued prior
' co the lime such holder acquired title lo such lat, ~ 16,3 • Unlets at leasl two•thirds (2/3rds) af Iho first mohgogees requesting notiu under
Micle 16,1(based upon one (1) vote for eacli mangege o+vned) or two-thirds (2l3rds) of Ihe o+men
' olhcr lhan Declarant) have given their priar writlen approvel, neither Iho Assouetion nor Iho owners
shall: ; 16.3,1 change the method of determining the obligations, essessmtnt dues or i
I charges (o(her than the special dssesamenes or lale cherges imposed by the Donrd in eccordence wiih
lhe provisions of lliis Declare(ion), whicli may be levied egeinst any owner, or
16,3.2 by act or omisaion, seek to abendon, pertition, iubdivide, encumbar, sell or
transfer the Common Area, (The greming of eesements for public wilities or for other purpose3
cansistrnt with the inlended use of the Common Area unJer lhis Decleretion shell nol be deemed e
transfer within Ilio menning or this clause); or
1¢.7,3 fail !o mniMnin or cause lo bc mninlaincJ fire and exlendcd covernge insurence
on Ihe Cammon Area as provideJ in Arlicle 9 of lhis Deeleration.
16.4 First mortgagecs, upon written r«quest, shall bave Ihe right lo (1) exemine Ilu books
END Of AA7'1CLE 15 and recotds of theAssociation during Ihe nomial bu3ineu hours; (2) «quire from the Associalion the
ANNL•XATJON OF SUDSEQUGM' PFiASLS . . .40' j •41 •
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P~yr, U af 69 hge; II al S9
I111811996 04:05P ft1911996 04:06? 66
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.~n ~ ar wr
tis~
An1'JCL~ IG submission or ennual financiel reports end other financial ddte; (7) reccivo wriltcn notico cf all
Rights of MottAagiceS meetings of thc Ownen; end (4) designate, in writing, a represenlative to attend eli such meetings.
Nolwilhstanding eny otlur provision or this Declarefian, no nmendment or violnlion or lltiis ,
Dalaration shsll aperale lo defeat or rendu invalid Ihe right: of any motl gagee or e lot mede in good
fe;tli forvelue, prov+dcd Ihat alter the foreclosure of nny such mortgege, Jucli lot shall romnia subject
lo Ihis Decleration, es pmended. Notwillislanding eny and ell provisiont oFtliis Decleration to the ~
contrary, in arder Io Induce various lendus to perticipate in the financing of the sale of loit wilhin .
the Troject, the following pruvisians ere adJed herdo (and 1o the extent these added proviaions '
con0ict with any olher provicions af this Decleration, ihae added reslriclions shall conlrol); '
16.1 Eetl► rtrst mohgegee or n mortgage encumbering eny lol, upon filing a wrilten request
for notification with ihe Doard. Is entitled to writlen notificetion from tho Association of nny default
by the mortgagor or such lot in lha performance or such mortgagors obligations under this
Declaralion, which default is not curcd within Iliirty (30) clays aAcr tho hssocinlion Icams of such
deteull. for purposes of Uiis Declaretion, e"first mortgege' sliell mean e mortgagee of a morlgage I
witli firsl priorily over olher mortgnges on e lot. . , 16.2 Eech first mongegx of e mohgitge enambering eny lot, wliich obtains Iitle to such lot ,
punuanl tojudicial foroelosure or tha powers provided in such mortgege, shell leke Iitlo lo such lol Gee end tleer or eny cleim: for unpeid essessments or cherges egnfnat auch lot whlch acttued prior '
to Ihe time such holder acquired title to such lot. .
16.3 Unless et lea:l tivo-thirds (213rds) or the firsl motlgegees requesling notice under
1lrticle 16.1(based upon one (1) vote for each mortgoge owned) or twatliirds (?JJrds) of the owners
othu than Declarant) have given their prior wriUen epproval, neilher lhe Association nor the ovmero
shall:
16.7.1 change thc method af deltrtnining Ihe obllgnlions, asscssment dues or other ~
charges (other tltAn lhe speciel as3essment3 or tale cherges imposed by the Bonrd in accordance with
Ihe provisions of Ihis Declerelion), which mey be (eviad egainst eny owner, or
16.3.2 by eet or omission, seek la abnndon, perlition, subJivide, cncumber, sell or
irensfer tha Common Areo. (Thegrenting or aesements far public utilitics or for olhcr purposes
cansiseent wilh Ihe intended use of lhe Common Area undcr this Declernlion shell not be deemed n
trensfer within the meaning of this cleuse); or . ~
16,3.7 fA eo maintnin or cause to be maintained fire and eztended covange insurenco ,
on the Common Area es providad in Article 12 of this Declaration. .
16.4 Firit marlgagees, upon wrillen request, shsll heve Ihe right to (I) examine the books '
and records of ilu Iltsociation during tho normal businas hours; (2) require from Ihe Association the END OF ARTICLE 11
I RIGIiTS Of MORTGAGL•CS
. I
'41' .q2.
I
t
- 4069118
4063118 hgt; 16 al 59
hyo; IS d 59 Itlli11996 G:Ou
1111811996 0I;09 {ENIEII dSKNBW l W4 COY 166,00 lpoktru W. il
lENiE ISKIq #!EA { MY COV 166.00 • SpottM 6e, 31
ARTICLE 17 17,2,3 Any emr,ndmcnt wliich would or could result in tlic pnrtilion or iubdivision
12urntian en Amendment of e lot, in nny menntr inconsistent with the provislons olthis Declernlion,
17,1 Qgrafian. Tlus Dalnration shell conlinue in full force for a Ierm of filly (SO) years from , . 17,2.6 My amendmenl which would subJect eny owner fo a righl of first refusal or
Ihe dak hueof, e(ler Nvhich lime Ihe same shall be eutamatically extended for tuccessive periods of ather sueh restriction in favar af (ho Associalion, if such owner exercises his right to tell, IrensRr or
ten (10) yeen, unless e Declarelion of Tuminelion is recorded, meeling the requirements as en o l herwiso convey h ie loL , , .
amendment to Ihis Dccleration es aet forth in Petegreph 17,2, 7hcre shell be no scverance by 381e, '
eonveyance, encumbrance or hypolhecation of an inlerest in any (at from the concomilant A certificefe, signed end tworn to by two (2) ofTicers of the Associelion, (hal the rcqc
membership of ihe Association, as long es Ihis Declarotion shall continue in full force ead efY'ect, number of owners and/or mortgagees Iiave allier voled for or consenied in writing lo eny amendmai,
ndopeed es provided abave, wlun recarded, shall be conclusive evidence of Ihat fact.
17,2 Ameq=. This Declnralion may be Amended by rocordins with Ilu County Audicor
of Spokane Caunty, Weshingion, a Cenificate of Amendmenf. Nolice of the subject matter of a 11.3 Ptoteclion af beclarant,
propased emendment lo (his Declnrelion in roasonably delniled farm shall be inc(uded in the nodco
of e vole by Ihe Associet(on et tivliich e proposed amendment is la be considered. A resolutian Nolwithstanding eny other Qrovision of lhis Decleration, tl►e priar written epprov4l of
edopting a proposcd emendment may be ptoposed by en owner to the Boerd of Directora or by Doclarant, es developar of tlie Property, will be required before eny emendmenl wliich would impair
Decltirant or the Daerd itsdf, who shell tlten dct upon such nolice pursuent to tho Hylaw3. The or diminish Ihe rights of Daclarenl to complele tlie PropeRy or sell or olhenvise disposo of lols
re301utian shnll be edopled by Ihe vole of the Memben, vie the Diralor or each glven Phese, therein In eaordnnce wilh Ihis Declflretion slinll bccomo effective unlas Declerant hes conveyed eJl
pursuant lo Ilie aylaws, or by written consent of Members representing oot Icss than a majority of Lots in all annexabfo PhesW.
Ihe voling power of tlie Assccietion, provided thet tlu specificd perccntege of tlie voting power of IIhe Associetion necassry to emend aspaified provision of Ihis Decleratian shAll not be less Ihen the
percentege of aDirmalive vrotes prescribed for ection lo be taken under ehet praviaion, i[ any, A copy
of each emendmenl shell be cenified by el least lwo (2) olTicero of the Associetion nnd (he
nmendment sheU be effoctive when llie cerlificafe of amendmenl is recorded. Declarant may amend ~ .
this Dcelaralion at eay time prior ro activation af the Association, provided, tliat Declarant Ihen het ~
a majority of ihc evniloble votes, tnking inlo considerellan the triplc voto for cach lot ovmed by
Declarant. In such evene, Declarant sIiell ba nulhorized to record e Cerlificale of Nneadment signed .
by Dalarent anly, Nottivilhslending the foregoing. Any of Ihe following emendments, lo be elTective,
muat be epproved in wri►ing by the «cord holdcrs of m mnjorily of tlu first mortgngei on nll of the ,
lols in the Project el the lime of sucli amendment, besed upon one (I) voto for aach mortgege owned:
17,2.1 My amendment tivliich nffecls or purports lo efTecl the vnlidity or priority of
encum6ronees or the rights or prolection grented to encumbrences es provided lierein,
17.2.2 My emendment wliicli wauld require e mongagee nttcr it fies acquired n lot Ilvough Poreclosvre lo pay more than ils proportionate share of any unpaid essessment or nssestments
actruing efler such foreclosure, ~
~
11.2.7 Any amendment which would or could resull in en encumbrance being I
cenceled by forRiture, or in Ihe individua) lot nol being separelely essessed for tax pucposee.
11.1.4 My amendmont relaling lo the insurance provisions as tet out in Ariicle 12 hereof, or to the epplicalion of insurance proceeds es set out in Article 13 hereof. END Of ARTICLE 17
DUMTION AND AMENDMCNT
~ •44-
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4063118
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ARTiCLE 18 •
oS9
Cener Provi9ions ' 063f118
' 1111611996 OI,V
18.1 Ep[orcement. 109 I AShtkUl(EA 1AY f0Y 66,00 fpolmt Co, q
The Daard, any owner,.and any govemmental or quasi• govemmenlei ngency or municipnliry ; PARCEL 1
having Jurisdiction over tlu Project shnll lieve Ilie riglil lo enforce, by nny proceedings et lew ot in That portion of the Northweet quarter of the Northeaet qu, ~r
equlty, el) restrictlons, condlQaru, covenents, reservellona, liena, end charges now or hereaher 9ection 24; Toanship 25 North, Aange 44 Eaet, W.M., lying Sout t t
Imposed by tliis Declaralion, end in such eclion shall be entllled lo recover cosls and reasoneble right of way of the Chieago, Niluaukee, St. Paul and Pacitic Rai 1 rc
ettomeys' feea as ere ardered by the court. Feilure by any such person or antily lo enforce any such . . Co. t . provision sliall in no event be deemed e weiver of thc right to do so theraatter. $XCEPT the tract of land in the Northwest gua rter of the Northea
guarter of Section 24, Tounehip 25 North, Range 44 E.W.M.; and mo
18.2lnvaidi~yofAnkProvision. particularly deecribed ae follor+et
SIiouldanyprovisionoflhisDalaretionbedeclorcdinvalidorincon(lictwilli anylawofthe 8eqinning at the interaection of the Eaet line of the NorthWeet quart
jurisdiction where the Project is silueted, the velidity of ell ollier provision9 9hall remain unafCected of the Northeaat quarter of the aforesaid Section 10 with the Sou
end in full farce end e(Tect. riqht of uay li.nc of the Chicago, Milwaukee, St. Paul and Pecif
' Aailroad; thenca South along the Eaat linc of the North halt of t
tJorthaeet quarter of the Northeast guarter oi the aaid Section 24,
18,3 ~Qn(liclofProi~Documen~i. dietaace of 18 feet more oc leae in the Southeaet corner thereo
' thence continuing South along the Eaat line of the South half of t
If lliere is any conllict among or belween tlu Projecl Documenlt, Ihe provisions of'this ' Northweat quartar of the Northeaat quarter of Seetion 24, a diatan
Decleretion ahall prevail; thereefler, priority shel) be given to Project Documenfs in tha follpwing of 296 feetl thence WeaC paral lel r+ith and 286 leet dietance irom t
order. Plet Map, Articles, Aylaws, end Nles end reguletiona ofthe Associetion, Notwithstanding North line of the South half of the Northweat guarter of the Northea
the toregoing, eny provision in any of the Project Documents which is for lhe protection of quarter of Section 24, a diatanee of 165 leets thenee North paral l
mohgagees shell heve priority over any incansistent provision in lliet document or in any other with and 165 feet distanca from the Baet line of the South half of t
Pro1ectDacument. NorthweaE quarter of the Northeaet guarter of Section 24, a dletan
0l 286 feet to a pointi on the North line of Ehe South halt of t
Northaeat quarter of tha Northeaat guarter of 9ection 24; ther,
continuing North parallel with and 165 teet dietanee from the E»t li
of the North hall of the Northweat quarter of the Northeaet g er
Section 241 a diatance o! 18 teet more or less to a point on . SoL:
right of Way line ot.the Chicago, Milwaukee, 9t. 8au1 and Paci(
Railroad; thence Eaet along tha South line of the Chicago, Hilwauke
St. Paul and Paeiti.c Railroad, a diatance of 165 Eeet to the Point
8eginningJ
EXCCPT Conklin Road No. 1252 ae convayed by Document No. 874149A;
Situate 1.n the County of Spokene, Statc of Wanhington.
(legal continued)
. ,
eHa or nRTicLE i s
cENCR,u, rRovIsIoNS •
~15-
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' 4063118 ~
liyc. 52 0l 69 '
1111811996 61;061 ~ - ~
PARCBL Z IEia(II ~SMN. ~ W1 Wti I bb,0U SpOtuAt 4063118
• l~ t: 62 of SQ
~ as&A%nj I ar oor 1111q19a aW
The Southeaat quartor of the Northaeat guartcr and the North 671.75 spkm,fa,q
teet ot the Northeast quarter oi the 5outfiweat quarter of Sectlon 24, ,
Townahip 25 North, Aange 44 Eaat, H.M.) ' BXIIIDIT "B"
EXCEPT Tfiat portion oF the Eaet half of the Weet hall of Section 14, '
Townehip 25 North, Itangc 44 E.W.M., daecribed ae tollowar
BECINNINC at the intersection ol the Hcet line ol the ~
tlortheant Quartcr of the South►+est Quartcr of eaid Section ~
24 with the North line of 00TCIlFORO AC(lE TRACTS, as per plat mot Po►tron or the Mor(n ►+air of Section 24, t,25 N,, A.14 E„ W.A!„ Spokone Counfy,
thereof recorded in Volume 12 o,f Plata, pages 2 and 31 thenee Stale ol Waahinqlon mora poriiculorty dascribed oe followr
South 89'13'I9" Eaat, aiong the North line ot said Aotehford ' Beqinrtlnq at the SoulhKesl Carner of the Norih Holt ol the Soulheosl Ouorter ol the
Aere Traeta, a distance ol 976.75 feet to the Northeast Norlhwesl Ovarler ol soid Seclfon 24; Ihence N.0V28'18`E., olonq the Wasl line ol the
corner ot Lot 15, Block 4 of Rotchford 1►cre Tracta and the seIE losl menlioned o dislonce ol 646.39 feel lo the Soulherly Righl of Woy Une of Fourth
beglnning of a nontangent curve concave to the SouthWeet Ave, as it naw axisls 40.00 feel In widlh; lhence 5.89'14'17'E., olonq soid Riqhl ol Wor
having a radius of 560.00 feeti, to whl,ch point a radinl line a dislence o( 1345,13 (eet; lhence loavfnp soid Riqhl ol Woy N,1Z29'23'E., a Oislance
• bears South 89'13'19" East; thence Northxeeterly, along the o( 94.00 feel; lhence S.11'50'44'E., a Elslonco ol 149.02 feet; thence S.27"23'15'E,,
ara -through a central .ingle of 53'02'Z8'~ a distanee of o dislance of 30.00'feel; lhence S.6TJ6'45"W.; o dislonce ot 10.10 leel; Ihence
518.42 teet to the beginning of a reverae curve concave to S.2T23'15'E„ o dislancc of 136.13 feel lo o poinl on the Ordinery Iliqh Woler line,
fievollon 2009.1 (N.C.Y,D.) of Shelley Lake os aetabliehe4 per (felC Invesllqollon by ur,
the East having a radiue ot 560.00 Peett thence NorthorlY, Oovq Pineo, WasAinqton Slola OePortment of Ecology on 16 Alorch, I993, Ihenca procaadinq
• along the arc thcough a central angle of 76'10' 04", a olong soid Ordinory Hiqh woter lina of Shelley loke the lolloKin9 (ovr (11) counes:
distance of 744.45 feet to the begznning of a reverse eurve . ~ 1.~ S.61'it'22'W., a dialance o( 33.11 feel;
, concave to the Northuest having a radius of 560.00 feet; , 2. S.56'02'59'W,, e dislonce ol 93.75 feet;
thence Northerly, along the arc through a central angle of ~ 3. S.50*53'14'W„ o dislance oI 88.73'leet;
23'28147", a dietance oi 129.49 Eeet to the Nocth line o,f the ~ 4.) S.41'54'42:W., a distonce of 31,99 (acl lo the Eosl llne of soid Norlh Holf of
~ South halt of the Southeas the Souiheasi Ouorter of the Norihwesl Quariar of Saction 24;
, C Quarter of the Northwest Quarter i 5.1 5.41'54'41'W„ 0 4islonce of 62.60 feet;
of Sec,tion 24; thenco Nort}► 09'12'47" West, along eaid North i 6. S.49'45'55'W., a diolonce ol 82.93 (eel;
11ne a dlstanee of 630.13 teet to the NorthWegt corner of the ' 7. 5.4721'18'W., a Aislonce o( 92.97 feet;
South half oE the Southeast Quarter of the Northweat Quarter 8, S.41'35'30'W„ e dislonce o! 97,85 leel; '
of eaid Section 24; thence South 04' 29' 04" tiiest, along the 9. S.41'45'23W„ o dislonce of 95,58 leel;
14est Iine of the South halF of the Southeast Quarter of the 10, 5,41741'03'W., o dislanca of 96,30 feel;
Northwcat Quarter of said Section, a distance of 666.66 feet ~ 11, 5.3729'53'w., o dislonce of 95.62 feel;
to the Northucat corner oP the Northeast Quarter oF the i 12. S,3719'41'W., o dislonce of 94.99 feet;
13. 5,44'45'31'W., o Cislonce of 59.09 feal;
SouthWeat Quarter of eaid Seation; thence 5outh 0'09'56" 14, S.2B'10'40"W., a diilance of 68.12 Icel;
Weat, along the West Iine of the Northeast Quarter o.f the lhence leaving aaid Ordinary High Woler llne of Sheltey loke, S,1557'43'1N., a dblonce
Southuest Quarter oI Section 24, a dietance of 671.79 feet , o! 61,13 feel; lhence N,61'53'OffW,, e Efetance of 320.00 Icel to the beqinnin9 0( o
to the point of beginning; curve concove to the Southooal ond havinq a rodiw ot 380.00 leol (Irom which poinl a
, rodiol flne beors S.6720'11'E.); fhenee Northerly olona soid eune lhrough o cenlrol
AND EXCEPT fourth Jlvenue Road No. 1252 as conveyed by Doeument Nos. onple of 00'35'1I' an orc dialonce ot 3.89 loel; lbence N.28'07'00"E,, o dirlonce of
J13,08 leet lo the beqinnin9 0l o curve caneove lo the Soulheosl and hovlnp o rodiw af
834305 and 834306; 745.00 fett; Ihenee Noriherly olonq seid eurve lhrouqh o cenlrol onqle of 01'12'12' on
' orc distonee ol 11.15 fael lo the Soulh llne of sold North Hall ol the Soulheasl Quorler
Situate in the County of Spokane, State of Washington. . , of iha Narthxest Ouarler; thance N,89'12'57"W., olonq aoid Soulh line o dislonce ol
' 593.94 leat lo the Poinl ol 8cginnin9.
PAACEL 3 '
'Ihe Southwe8t quarter oi the Northeast quarter and 'the Northvest '
quarter of the 5outheaqt quarter of Section 24, ToWnship 25 North,
Range 44 East, W.M.; '
EXCEP't fourth hvenue ttoad as conveyed by Document Nos. 834305 and ,
;
034306:
Situate in the County oF Spokane, State ot Washington.
. . 4063118
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PreliminarY Plat °f , p ° ° ~ ~ ;,~:~~,;a:►; I
Shelley Lake PUD
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IPROXWUTY 0Rawwo oNLYi
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4063118 ' . - • 406311E
<< at ~6 et 69 • hgt; 61 of
1t~1q4%
~ ~,w s►~M co, u '.sEDI t IAXarW t ar COY sPA,M a, L
E19cE I~S~Na~~ ~ aY ~y ~ 13.16 feet; Ilience South 14•25'35" Easl, 10,84 feet; thence Soulh 45049'07"
rzxhibit "0" East, 7.40 feet; lhence Soulh 25059'20" Easf, 21.14 feel; lhence Soulh 84036'02"
See oWiw ExAlbg '0.2' fa dr+rAnq dNi1
, East, 1,09 feel; thence Soulh 50023'33" Easl, 1,38 feel; thence Soulh 1000314'
PARCEL 4 East, 1.66 (esl; lhence South 31004'25" West, 1,371ee1; lhence Soulh 15007'05"
East, 45.08 (eei; fhence Soulli 14•46'06" East, .64 feel; lhence Soulh 30054'48"
RETAINED RICE LAND LEGAL DESCRIP710N . Wesf, 58,74 feel; lhence South 05°28'56" East, .79 leel; thence Soulh 27041'00"
. , West, ,92 feef; thence Soulh 39617'37" Wesl, 1,31 feet; lhence Soulh 58°31'0V`-
Wesl, 48,41 feet; lhence Soulh 11°36'07" East, 1,66 leei; lhence So.
Thaf porlfon ol liie Soulhwesl quarier of the No►theast quarler and the Northwest 57°49'02" West, 40.06 (eel; lhence Soulh 46018'18" Wesl, 42,26 feet; lhence
quarler o( the Soulheas~ quarler in Secllon 24, 7ownship 25 Norih, Range 44 Soulh 30°34'12" West, ,93 feel; lhence Soulh 13019'08" West,1,77 feel; lhence
Easl, W.M., described es follows: Soulh 33°41'25" Wesl, 5.06 (eel; ihence South 51035Z7" Wesl, 43.97 feel;
' ihence Soulh 41042'58" West, 3,24 (eel; lhence Soulh 14054'21" Wesl, 57.27
BEGINNING al the Norlheast corner of the sald Soulhwesl qua►1er o( the fesl; lhence South 31°39'35" West, 3.32 feel; Uience South 08012'16" West,
Norlheasl puarler, ihence North 89017'15" Wesl, a dislance ot 234,82 feel; 54,41 feel; lhence Soulh 23022'34" Wesl, 2.16 feel; Ihence Soulh 06011'21"
Ihence South 39027'30" Wesl, 433,65 feel; thence Soulh 43°09'41" West, 195.69 Wesl, 55.92 feet; fhence Soulh 12038'09" East, 2,04 feel; Ihence Soulh
feel; thence Soulh 51147'38" Wesl, 121.44 feel; thence South 19°04'05" Wesl, 08059'25" East, 53,28 feel; lhence South 00°19'43" East, 1,70 feel; lhence Soulh
123.25 feet; thence Soulh 6°39'21" Wesl, 143.11 feel; lhence Soulh 15040'34" 16°13'18" Easl, 52,46 feet; thence Soulh 09059'04" East, .96 feel; Ihence Soulh
East, 148,00 feet; lhence Souih 29018'16" East, 183.40 feet; fhence Soulh 01•13'02" West, 2.28 feef; thence Soulh 07034'13" Easl, ,40 (est; lhence Soulh
40•36'47" Eest, 102.30 feel; thence Soulh 37039'33" Easl, 65,45 leel; Ihence, . 12006'28" Easl, 40.38 (eel; lhence Soulh 18056'45" Easf, 1.11 feel; Ihenca South
Soulh 38'37'21" Easl, 116.18 (eel; lhence Soulh 1205343" Easl, 92,54 teel; " 181135'22" East, 42.01 leel; lhence Saulh 07051'14" Easl, 1,35 feet; Ihenca Sou1h
lhence Soulh 30027'38" Eest, 50.65 feel; lhence Soulh 75050'56" East, 65.75 • 24°59'03" Eest, 39,01 feei; fhence Soufh 18146'38" East, 1,47 Ieel; Ihence Saulh
feel; fhence Soulh 97124'55" Easl, 86,41 feel; Ihence South 75°52'51" Easl, 30020'14" East, .42 (eef; ihence Sauth 25016'33" Easl, 69.34 feel; Ihence Soulh
76.90 (eet; thence Sou{h 47034'24" Easl, 40.41 feel; lhence Soulh 87046'55" 261139'08" East, 17,03 feel; Ihence Soulh 37043'29" Easf, 33.37 feel; Ihence
Easl, 105.09 (eel; thence Soulh 56005'17" Easl, 41.39 feel; Ihence Soulh Soulh 37014'28" Easf, 44.48 feel; lhence Soulh 11012'55" East, 9.00 feel;
77•16'41" Easl, 50,74 feel to a point on the Easterly line ot the Norihwesl quarter lhence Sovlh 30014'47" East, 38.83 teet; Ihence Soulh 86°42'16" Wesl, 5.73
of the Soulheasl quarler lying 216,83 feel Soulh of the Norlheast camer of said leet; the last point on the OHM inlersecting wilh the cenlerl(ne ot Sallese Creek,
Northwest quarler ot the Soulheasl quarter, lhence Northerly along said Eastedy AND SUBJECT TO a non-excluslve recreational easemenl lying weslerly of
line and the Easlerly Ifne of the Saulhwest quarier of the Northeasl quarter lo the
Polnt of 8eginning; foliowing described ifne;
SUBJECT TO an Shelley Lake waler (nundalion easemenl lying westerly of the BEGINNING al the Noriheasl corner of lhe said Soulhwesl quarter of the
Ordinary Hfgh Waler Mark {OHM} Elevallon 2009.1 (N.G.V.Q,)'of Sheiley leka Northeast quarter, lhence Norih 89017'15" Wesl, a d(sfance o( 234.82 (eel;
as eslablished per field Invesllgallon by Mr, Doug Pineo, Washinglon Slale ihence Soulh 39027'30" West, 265.58 feet; Ihe flrsi poinl on the easement line;
Oepariment o( Ecology an 26 March, 1993, described as follows; Ihence Soulh 46033'57" Easl, 24.22 feel; lhence South 73°O1'S&" Easi, 36.42
feel; lhence Soulh 62°16'46" East, 51.98 feef; Ihence Soufh 82°16'54" Easl,
BEGiNNlNG al the Noriheast corner ot the said Soulhwest quarter of the 34,03 (eet; Ihence Soulh 59°41'13" West, 35.15 (eel; lhence Soulh 55•15'10"
Nortlieast quarter, Ihence Norih 89017'15" Wesl, a dislance of 234,82 ieel; Wesl, 24,10 feel; ihence Soufh 36007'59" West, 42.35 feet; Ihence Soulh
Ihence South 39°27'30" West, 433.65 feel; the first point on the OHM, lhence 01039'29" Easl, 68.46 feel; thence Soulh 65016'01" West, 35.98 feel; lhence
Soulh 58°47'47" East, 4.66 feel; Ihence South 51°51'49" Easl, 23.05 feel; Ihence Norlh 83057'19" Wesl, 33.19 feet; lhence Souih 15113311" Wes1, 13.30 feel;
Soulh 41°27'21" Easl, 41.61 feet; Ihence Soulh 11°52'41" Easl, 9,52 feet; thence Ibence Soulh 11°58'36" East, 23.71 feet; lhence Soulh 01°14'25" Easl, 20.47
5oulh 14026'58" Wesl, 2.19 feel; lhence Soulh 22°50'S6" Wesl, 31.86 feel; feel; Ihence Saulh 17052'35" Easi, 47.60 feel; Ihence Soufh 03055'50" West,
lhence Soulh 22°53'58" Wesl, 22.11 feel; Ihence South 9038'15" West, 18.24 34,72 (eet; thence Saulh 121141'15" Wesl, 36,48 feel; lhence Soulh 16°14'47"
leel; Ihence Soulh 15034'25" Wesl, 10.65 feef; lhence Souih i t°37'44" Easl, Wesl, 49.57 (eeS; Ihence Soulh 14051'22" Wesl, 69.42 feel; Ihence Soulh
. ~ ,
' 4063118
h l; 58 of 59
, ~t~1a~1996 a;aP ~W, oF TK Wl/,
!Eh'hEl 1S1UMR 1 WY CO 4w,00 SpokMt G, a .
34•43'44" Wast, 46,28 leel; thence Soulh 55026'20" West, 48.69 feel; Ihence
South 51914'15" Wesl, 33,37 leel; Ihence Soulh 18°55'43" West, 35.73 feet; v
lhence Soulh 08053'19" Wesl, 33.72 feel; thence Soulh 12042'07" West, 48.56 ~ °
feel; Ihence Soulh 14003'03" West, 51,31 feel; thence Soulh 12051'03" West, p , L ~ i ~ s• 3 t~~ r i
89.03 f e e l; l h e n c e S o u l h 0 6° 2 7' 0 0" E e s l, 32.14 f e e l; i h e n c e S o u l h 2 1° 4 7' 0 8" ~ I•
E e s t, 31.16 f e e l; t h e n c e S o u t h 3 5° 5 5' 5 9" E a s l, 69.66 f e e l; t h e n c e S o u l h w • ~
60024'53" Easl, 25.64 feel; lhence Soulh 23000'45" Easl, 30.98 feet ; Ihence . , . o.•
Soulh 38041'39" Eest, 55.96 feel; lhence Soulh 20•15`34" East, 18.97 feel; Ihence South 331133'50" Easl, 39.40 feel; Ihence Soufh 66021'37" Easl, 28.72 Y;} i:~~; +
(eek thence South 93013'54" East, 31.37 feet; lhence North 58039'04" Easl, '"J"
24.28 feel; Ihence Soulh 83018'43" Eesl, 15.08 feel; lhence Soulh 25025'42"
dr~~ G. ~ ~~3. I • ~
Eest, 28,06 feet; Ihence Soulh 04•27'56" Wesl, 41,86 feel; lhence Soulh ; i i ~ ~ ' ~ , • , ~ ~ z~ ` ~ ~i ~
23026'09" Wesl, 30.53 feel; thence Soulh 23026'09" West, 10.89 feat; fhence
Soulh 3300836" West, 50.54 fedl; lhence Soulh 81044'52" West, 93.85 feel; lhe j "
z 7=~' i~' I
last polnt on lhe recrealional easement Iine InlersecNng at the centerline of ~ a~= S
Sellese Creek.
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dFTL•RRECOItDM4 RETIJRNTO: sTA7E OF wASFIINGTON 408254$ ~ Rl I7~, IAIF Iq 00 lE ~ SI Spotuu ~a. A
I3enncR A~cnbraia & Da,rnlwc I I 1~; 1 of i Counry of SpOI•nrrc )
t<o s. ~„n~, s~,~ boo co LE d ~n~ ia~
s~~, w~ ~,zo~ u Sis.oo SpdtM c0. G Oe thb dny permnellq appearod befae me NAOMI CA'iE7tINE SCO'ITIC•RC, a married aanan dealing in Ee sole
anJ scporme propcny, lo me kiwvm a be iJu- inJivulwl ttns amaa! Ne faesoing iattrwaenl Nd ecUwwlal6ed du
said inywmew to Eo Aa Ga ond wluntory at:t otxl dcoJ, fa the ma and purposes thercia mrnaaawl.
htENIOMNDUb10r FXISTENCE OG F.ASEh1ENT G1VC4 wder my hond enJ otlieid xal this ~ Jay o(March,1777
ESTABLISHED BY LF.ASE! 0?T10N ACREEIvEE,YT
CuRTsr rIEcoaaiHC
•ry
~ OY 4Nbli. in ud fa tm sIatc o(
Natice is hereby givrn that on the lst day ofNovemba,1992, RAtPET H. and LULA H. . w.shinCtm rctid:,,g e spotcmc.";''.,
RICE, husband and wife; NAOh[I Gl1'HERlNE SC01~f ERG, a married woman dealing in her My cartimibiai erpircs
sole and separate property; and CRANT C. R1CE, s mamed man dealing in his sale and separate • ,
propeny; heteinaRer refeaed to as "Lessar', and RODERT L and I.AUIL1 J. FiEfTMAN,
STA1t OF WASFQNGTON ) ` ~
husband and wife; and R1CHARD C. and JAYICE D. NEISON, husband and wik; hereina(tet }n,
rcferrtd to as "L.essee", ececuted a Leose and Option to Punhau Agrament tvhaeby Lawrs are Counry of Spokane )
leasing real estate to Lessess and l%ave agreed to allaw Lessas to purchax same unda certain tertns and canditions, Ihe ral estale whitlt u tl~e subject of such Lease Agmment and Option to Purchate On U+u Joy pcnoaaUy opncon~d b~ae me GtNN'f C. RiC_ o mam~sl mui ~ktiling in his w!e enl scpuak piarerty,
w me Uwmm 1o be Lhe inJiridud Ihtt etawd iAe laesoing uuuturau. ud atl;mwldsal Ux; mid inyuviovu m be Eis
being legally described on the enachal E-thibit "A" which u by this refaence incorporated huein, fma uW voiwiery um orcl dccd, fa Ohe wo and purpose+d+acin maltioocti.
and which rrsl proQerty lics within Spokane County, Nashington.
witnm my hur! anJ uRiad xal hcnto &Mu-d du day m+d peor tint obo
Noace is funhu given that on FebNery 6, 1996, such Least and Option Agreement wes ~~1
amended ~ath C Sc C PARTiVE1tSRIP, a Washington partnership, NAOM! CATFtERIIVE ~ ES,~,B'4NS+,
SCOTBERG and CILINT C. IilCE acting ns Lesson and SHELi.EY I.,IKE « ~~ggi~N~'
ery ~'uldic in.nctot ~ 3uta or ; ~a
DEVELOPMCN'I'S, a Washington genernl partnership octing es Lessee. SucA amended l.case 1 WallhNs+am rcki^i at 3pokal;~- N p T q q y'~~' i
0 tion A ment rovida for certain retained accas ta ed'acent roertia ovmed and retained b
P 6~a P 1 P P Y S'('A'IT Of WASHlNG"'ON
Lessar or their successon in interest as well ns proadins for appropriete infrastnrcture to savice U B l~
wch edjacrnt land, al l as is provided for in Paragraph's ?.S.I and 2.5. 1.1 w h ic h are aaac he d harao Co~,ry ots~o~,~ j~ i~~F f p
as Exhibit "B" and by this referertce inco~porated hcrein, • , ~i% OF'"jA~;~\"
b
On Uhis Jay r....ally mppeatid befae me NAOPA CAl}lER1NC SCOTOGltG anl GRANt C. RlCE, to me bawo
Dflted lhis G' day Of hfarth, 1997. i:t. E. Fxeise Tax Esempt bc tk monoging paMrn fa the C Jt G Peruur5hip who ecbwalalgeJ tAe saiJ uuartunau m be iu fioe and wlm+tary
OstB Vklrh 1~ 19 7, act fa tlse usa and puupous tl+en;n mentianal, ar+d an ooih uatal Uiot UXy cxcwvs«I tk soiJ iiutnuixril
` TNCS3 my hand onJ otricial =l h+xew effixed Urc day ond yaor fini obove urin6n
LESS OR LESSEE SFokane Cou"q' Troal WI
~~4U
C 3c G PARTNERSHIP SI-iCLI.CY UIKE DEVCLOPML•MS •
twary Wbli¢ m uul la use Sun . •
of Wuhwgtoti rcsiJing a
dY: Myccxnmiwionecpira
NAOMICATI•IERWESCQ'fDE1tGQ RO L'1'L.liEll'MAN,7R , S"tAl'COFWA5111NCTON ) ' J"•','.Y'',°.
Managiny Panner Managing Partnar ~ , r'
, ' . Cuunry uf Spd;anc )
r~~ ' On Nis doy p~ellp oppeoiul befare ma IlOUCIt? l. I IGITMAN, JR., w me L•nam io be tha Oenasl Parma fa
~ut/svt~ C. ~ SI•1C11.EY IAKL• DEVf10PNC-NT9. &Wwhin6ton Grnml Pert+knltip, winarlcdgaJ Jwuid Guautornt m be iu
GRAWT C. RICC ' Gea snd rolwtory xt for tho usa ond purpaxs Jacm mmtioncd, onl an aLD aatal itut thry aautcld tho said
Maneging Partner '"a"1D1K"t.
,n. WI1tJf SS rtry hand ard oQcial tnl hcMO olTixed lta Jq aW ycror firu eEovo wnnn►
NA0W CATHERINE SCOTBER individually ,
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' ery bGa m aml la the Stam
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.TJ~t.lL,vt C. M'Wuhingroq Rsdiog ~~t S~'
My
CRAIV'' C. RICE, individuallY ' e~un~n apun
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ihINSt4tifON,llflf Iq9 ~1~11~7 10'~ 44 Easl, W,M., Coun of S okane, Slale om a'sn~nE lon ~ ~ lI5,00 Sxt~ U. p
Exnipit H s~s.oo sOot~w,u ry a e
PARCEL 1 EXCEPT That portion ot the East halt of the West halt of Section 24, 7ownship 25
North, Range 44 Easf,W.M., descnbed as follows:
Thal portion o( the NoRhwest quarter of the Northeasl quarter of Seclion 24, BEGINNING at the inlerseclion of the West line o( the Northeast Quarter of the
Township 25 North, Range 44 East, W.M., Counly of Spokane. State o( Washinglon, Soulhwest Quarter of said Section 24 wilh the North line of ROTCHFORO ACRE
tying South of the right of way of the Chicago, Milwaukee, St. Paul and Pacific TRACTS, as per plat lhereof recorded in Volume 12 0( Plats, poges 2 and 3; thence
RailroaC Co.; Soulh 89'13'19" Easl, alang the Nor1h line ol said Rotchford Acre Tracts, a dislance
of 976.75 feet lo the Nonheast comer o( Lol 15, Biock 4 0l i:olchford Acre Tracts
EXCEPT Conklin Road No, 1252 os conveyed by Documenl No. 874149A; and the be9inning o( a nonlangent curoe concave lo the South+vesl having a radius
o( 560,00 feet, to which poinl a radial line bears Soulh 89"13'19" East; lhence
ANO EXC£PT the East 165 feet ol the Norlh 285 (eel of saic parcel; Narthwesterly, along the arc Ihrough a cenlral angle af 53'0228', a distance of C I~
518,42 (eel to the beginning ol a reverse curve concave lo the East having a radius 1~
ANO EXCEPT any portion of the following described parcel lying wilhin said o( 560.00 feel; Ihence Northerly, along the arc through a cenlral angle of 76'10'04",
Norihwest quarter of Northeast quarter, a distance of 744.45 feet lo the beginning of a reverse cuNe concave fo the
Northwest having a radius of 560.00 feel; lhence Northerly, along the arc lhraugh a
,Thal portion of the North Halt of Seciion 24, Township 25 North, Range 44 East, cenlral angle o( 23'28'47", a distance o! 229.49 feet ro the North line o( the South
W.M., more parlicularly described as follaws;
half of the Southeast Quarter of the Northwesl Quarter o( Sectian 24; lhence North
89'12'47" West, along said North line a dislance of 630.73 feet to the Northwest
BEGINNING al the Southwesl Comer of the North Half ot the Sautheast Quarter of. corner at the South half of the Southeasi Ouarter o( Ihe Norlhwest Quarter of said'
the Norlhwest Quarter of said Seclion 24; thence Norlh 00'2848" Easl, along the Section 24; lhence Soulh 00'29'04" West, alang the West line of the Soulh half ot
West Line af the Norih Half of the Southeasl Quarter oi the Norihwes! Quarter of the Southeasl Quarter o( the Northwest Quarter of said Section, 3 distance of 666.66
said Section 24; a distance of 646.39 feet ta the Southedy Right o( Way Line ot feel to the Northwesl comer a( the Nonheasi Quarter of the Soulhwest Quarter of
Fourth Ave.; thence Sauth 89'14'1T Easl, along said Right of Way a distance af said Section; thence Sauth 0'09'56" Wesl, alang the West line of the Northeast
1345.13 feet to the True Point of Beginning; lhence leaving said Right of Way Norih Quarter oi the Soulhwest Quarter ot Section 24, a distance of 671,79 feet lo the
112029'23" Easi, a distance of 94,00 feet; ihence South 11'50'44" East, a distance of poinl ot beginning, Iogelher wilh any added property resulling Irom propeny
~ 149.02 feel; ihence Soulh 62'3G45' Wesl, a distance of 180.56 feet lo the beginning baundary adjustmenls wilh Cenlral Valley School Oistricl as may be negolialed by
1 of a curve concave to the Sou(heast and having a radius of 465.00 feeh, thence "Lessor anClar "lessee";
` Weslerty along said curve lhrough a cenlral angle at 06'01'31" an arc distance of
48.91 feet; lhence North 33'24'46" Wesl, a distance 46.18 leel; lhence Norih ANO EXCEPT Fourlh 'Avenue Road No. 1252 as canveyed by Oocumenl Nos.
00'15'12" West, a distance of 92.45 feel; lhence North 48'45'59" East, a distance of 834305 and 834306;
! 42.59 teet to the beginning of a curve concave to the Northwesl and having a radius
t ot 380.00 (eet; lhence Northerty slong said cuNe lhraugh a central angle ot ANO EXCEPT any poriion of the following described parcel lying wilhin said
~ 13'31'31' an arc distance of 89.70 feet; to the said Righl of Way of Fourth Ave; Southeast quarter o( Northwest quarter.
1 thence Soulh 8901417' East, along said Right af Way a distance of 16.17 feet to the
~ True Paint of 8eginning. Tha1 portion of the Narth Half of Section 24, Township 25 North, Range 44 Easi.
W.M., more particularly described as follows;
PARCEL 2 BEGINNING at the Soulhwest Corner ot the Narth Hatf ol Ihe Southeasl Quaner of
11 the Norlhwest Quarter of said Seclian 24; lhence Nonh 00028'48' Easl, along the
The Southeast quarter of lhe Nonhwest quarter snd lhe North 671J5 (eet of the
~ f 1 1 West line af the Norlh Half of the Soufheast Ouaher of the Northwest Quarter of
Northeast quarter of the Soulhwest qua~ier of Sectian 24, Township 25 North, Range said Seclion 24; a dislance of 646.39 (eel to the Soulherly Righl ot Way Line o(
' , ~
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4082543
~ I ia9c $af 8 4082543
. ~ ~ 010111991 IO:SaI ltgl: 6 af 8
Foucth Ave ~07~1991 IO:S~
lhence South 89't4'1i~ asl~ a'ion` [aa d~ i ht of WaISa disfa~nce ol~ Soufhwesl quarier o( the Nariheast quartE.. ~11 IA4, 1111E W {j
9 g y 115,00 oolug to. U
1345.13 (eet lo the True Point of Beginning;lhence leaving said Right of Way Nocth
72°29'23" East, a distance o( 94.00 feel; thence Soulh 11 °50'44" East, a dislance o( Thal portion of the North Hal( of Section 24, Township 25 North, Range 44 East,
149.02 feet; thence Soulh 62'36'45" West, a dislance of 180.56 feet lo the beginning W.M., more particularly described as (ollows;
of a curve concave lo the Southeast and having a radius of 465.00 (eel; lhence BEGINNING al the Soulhwest C~~rner o( the Norih Hal( of the Soulheast Quarter of
Weslerly along said curve lhrough a central angle of 06'01'31" an arc disiance o( '
48,91 fee1; lhence North 33024'46" West, a dislance 46.18 feel: ihence North the Norihwest Quarter of said Section 24; lhence North 00'28'48" East, along the
00'15'12" West, a distance of 92.45 feek thence Nonh 48'45'59" Easl, a distance ot West Line of the North Half of ine Soulheast Quarter of the Nonhwesl Quarler of
42.59 feel lo the beginning of a curoe concave lo the Norlhwesl and having a radius said Section 24; a distance ol Ga6.39 feet to the Soulherly Righl of Way Line o(
o( 380.00 feet; thence Northerly along said curve lhrough a central angie o( Fourth Ave.; lhence South 89'14'17" Easl, along said Right of Way a diseance af
13'31'31" an arc distance of 89.70 feet; lo the said Right of Way of Fourth Ave; 1345.13 (eet lo the True Point of Beginning; Ihence leaving said Right of Way Norih
Ihence Soulh 89'14'17' East, along said Right o( Way a diseance of 16.17 feet lo the , 72*29'23" East, a distance o( 94.04 feel; lhence Soulh 11'50'44" Easl, a distance o(
True Point of 8eginning, 149.02 feel; thence Souch 62'3C~,5' West, a distance of 180.56 teel to the beginning
. of acuroe concave lo the Sou;heasl and having a radius ot 465.00 feel; thence
PARCEt 3 . Westerly along said curve lhrouch a central angle of 06'01'31' an arc distance o(
' 48.91 feet; thence Narth 33024'46' Wesl, a distance 46.18 feet; thence North
The Southwest quarter of the Northeast quarter *and the Northwesl quarter o( the 00415'12" West, a disiance o( 92.45 feet; thence Nohh 48'45'59" East, a dislance of
Sautheasl quarter of Seclion 24, ?ownship 25 No~th, Range 44 East, W.M., County ; 42.59 (eet to the beginning of a curve concave lo the Northwest and having a radius
of Spokane, Stale of Washington; ot 980.00 feet; fhence Noriherly along said cuNe through a central angle ot
13031'31" an arc distance of 89.10 feel; lo the said Righl of Way o( Fourth Ave;
EXCEPT That portion of the Soulhwest quarier of the Northeast quarter and the' lhence Soulh 89014'17' East, along said Right of Way a distance o(16.11(eet to lhe~
Northwest quarter of the Southeast quarier in Seclion 24, Township 25 North, Range True Point o( 8eginning,
44 East, W.M., hereinafter referred lo as EXCEPTION PARCEL 1 and described as
ANO EXCEPT from Parcel 2 8 J. Lol 1, Block t oi the Final Plat of Shelley Lake al
(ollows:
; 506 N. Shelley lake lane.
BEGINNING at the Northeast corner o( the said Southwest quarter of the Northeasf
quarter, Ihence Nohh 89'17'15" West, a dislance of 234.82 feel; thence South
39027'30" Wesl, 433.65 leet; thence Soulh 43'09'41" West, 195.69 feet; Ihence
Soulh 51'41'38" Wesl, 121,44 feel; lhence Souih 19'04'05" Wesl, 125.25 feel : •
Ihence South 6'3921" Wese,143.11 feet; lhence Scuth 15'40'34" East, 148.00 feett ;1,,•
Ihence South 29'18'16' East,1G3.40 feel; thence Soulh 40'36'47" East,102.38 feel; j,Ihence South 37'39'33" East, 65.45 feel; thence South 38'37'21" Easl, 116.18 feeO,
lhence South 12'53'43' East, 92.54 feet; Ihence South 30'27'38' Easi, 54.65 feel; ,
thence South 75'50'56" East, 65.75 Ieet; Ihence South 81'24'55' East, 86.41 feet; thence South 75'52'51' Easi, 16.90 ieet; thence Sauth 47'34'24" East, 40.41 feet;
thence South 81046'55" East, 105.09 feet; ihence South 56'05'17' East, 41.39 feet; lhence South 77'16'41' East, 50.74 feet lo a point on the Eastery line of the •
Northwest quaner of the Southeast quarter lying 216.63 (eet Soulh of the Northeast/
corner ot said Northwesi quarler of the Southeast quarter, lhence Northeriy along/ ;
said Easterly line and the Easlerfy line af the Southwest quarter of the Noctheasi
quarter to the Point of Beginning.
ANO EXCEPT any poriion ot the lollowing described parcel fying wilhin said
~ .
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4082543
ngt, 1 af B :~1!'~ ~ 4082543
QJIQ11 {941 1Q:i~ '
"1 Paql: 8 af B
mmiIGY, ltllf 1NSOJ .I5,00 Soluu Co, 6l
l. ~Il.:;:o I 031010991 14.I1
fUkS~WilOY. Ili~i I',n' (fl (f SiS.ln Soclint W. A_
CXHIBIT "B" boundaries wiIhin ihe Shelley Wkr. FUO shap be bome Uy tne UlEn presenl IarWOwrter ol
2.].6. Right ol First Relusal of 'Lessar's' Excepled Aesidence; 'Lessee' shall have ihe sub~eci reta~ned lores~ed pro~~eny. Any ~mprove~n~nt costs w~ihm ihe devNoped
an exclusive Ten (t0) day lirst nght ol relusal cn any and all otlers which uansler utle lo areas ol the Sh~tey lake PUO shall be borne by i~e'le~:re' .
any oiner ihird pany on sa;d excepte0 presenl residence al 'Lessor, oiher than the
~
presem pantes al 'Lessor on ccsrs lhereio. Said Iirst felusai nghls hereby are nol - > 2.5,1.2. Adjuslmenl For The Easl 8 Northeasterly t'!a18oundaries: The'Lessor
avadable io 'les5ee' in ihe evern at any time'Lessee' is in delaun ol ihis'LeaselOpuon', and 'lessee' mutuciuy agree io idjust the baundary lines on the relained easlefiy
larested property Irom those destnbed in Exhibil'A' aral uisplayed in Exhibil'8' lo Ihose
displayed in Exhibii 'C 2'. '0' 3'0. i', The area delinecl is the '1nun0ation' area on the
2.4. Exchanae Provision . reiamed easterly propeny shk-Ji be subject lo a perpeiuii casemeiit to the Shelley lake
Home Owners Associanon lor waier inundanan ro the'Ualinary Nigh Water Mark' and a
2.4.1. •Lessor' Election for Exchange: At any poirn dunng ihe course ol tnis lemporary 'lnundation' occurance easemeni resuning Irom natural climaiic evenis above
'leaselOpiion', tessar may Nect lo naminaie oiher properties lor purchase in ihe 'Ordinary High Water Mark' Funher all land area west ol the easterty line ol ihe
exchange under the rules o( SeCdon 1031 0l fhe Inlernal Revenue Sernce C4de lor any recreauonal easemeni area shalt be subjeCt to a norrexclusive recreibonal easemenl lor
ponron ol ihe 'Lease/OptioneC Propeny selected lar purchase by 'lessee', 'lessee' the beneln ol the Sheiley Lake Hame Owners Associauon ol ihe 1easedl0pcioned
shau accommodate arry reasonable request lor exchange provided thal ihe clasng casts Property anC the reiamed Rice propenies. This recreauonul easernerii shall ba limiied to
lo 'LeSSee' do nol exceed lhose speCiGed in asimple purchase by the 'Lessee' of the non-prafit common recreational activities lar the sole bPnefit al wb:equent land owners
'leaselOpnoned Propeny as pmvided herein. and Iheir visiting relauves, Iriends and associates as gavemed by the Sheney lake Home
Owners Association. My installation ol improvemcrns shiU b8 SUbj@M (0 IhCf1
applipble law and must be approved by the ShHley l.ike Hame !?+,mers Association in
2.5. Retained Access and Contiauous Purchases accordancewiththeapplirablehylawsandgoverrtingresalu6ons.
2.5.1. Access of Nor►•Conveyed Property: In the evern 'Lessee' exercises its•right to ~ 2.5.1.3. Development Provisian for Retained Easlerly Farested Property: The `
purchase one or more parcels ar increments ol'leasedl0piioned Propeny hereunder, 'Lessor or luture owner snau noi be restricted nor shaU Ihe'Lessee• comest in any way
'Lessee' shall al all times provide'Le55otO reasonable anC adequate public access to alt the completan ol Ihe'PrNirrunary PIaC applicadon necessary to secure Ihe'Prelirttinary
unconveyed portions ol the 'leasedl0ptioned Propeny' v,mh avenues ol auess for PIaC approval ol the retained easteAy lorPSted property, provided said plat daes nol
{8} lots. 'Lessee' shall alsa includa in the Shelley Lake PUD covenants
ingress, egress, and ut~liry installation which are econortucally leasible lo consiruct and exceed Eight lhat the relained easteAy praperty is privale properry and is nol available to ~he
are of a width, whether deeded or Oy easement, suHicient to meet counry pub!'~c road
requiremenis or access as approved by 'PIaC or 'PUO' lo ihe uncanveyed 'Assacialian', excepting lor ihe recrealionel easement provided. Funher il the rerained
'LeasedlOptioned ProPerY• ' > Access into the retained easierl lorested roeasterty lorested property is developed to not mare lhan Eighl {8} ungle lamily lois any
y p perty may
be relocated from that displayed in Fxhibil'0' to the accoss iocmron dispdayed in Exhibit one or more al the 'Associatwn• members is reslricted from opposing the developmenl
ol the reiained easierly brested p~operry al any lime.
'C.7 &'O,t•, provided that untU the phases are completed which border the easterly
retained property reasonabte uninlerrupted avenues el (empo(ary access rnll be altowed 2.5,2. Contfguaus Purchases: 'Lessee' is required to purcl►aso arny and all lands in a
lo the soulheast comer ol 4th 8 Conklin unlil final construcuon o) Ihese phase road corniguous phased manner wAtn regard io the Zoned uses, market segment and
improvemerns are completed by iha'lessee'. 'Oersityfes' opproved 1or the specdic devetapment phase. Thal is lo say lor example;
2.5.1.1. T and Size al Associaled Infrastructure: M (lhal in all zoned UR•22 areas if Ihe initial purctiase is made near the rear corner ol the
yPe y and all associaled Zoned area, luiure purchases must be conGguous to tho previous purchase and no1'v►an
inlrascruclure io be built an arry wnveyed 7hasels• io 'tessee' ol 'LeasedrOptioned entirety ditlerent area under the same zone densiry,) This is nol intended io restrict
Property shap be ol the proper pte and rype io accommodaie ihe development ol arny lessee- from'secwing oihef areas ol the propeny ai the some iime wtuch have dinering
unconveyed ponions ol Ihe 'LeasedlOptianed Propeny' tn accordance with the Zoned uses andlor 'Oensirylies' lor a specilic market segment.
appraved 'PUO' or as though said use andlor 'penyiyhes' could be rwsonably '
exterxled io ihe uncorneyed ponicns ol said 'LeasedlOptroned Property' and 2,5.2.1. Required Purehases ol'Leased►Opt(oned Pwperty' YVllh Value Olsparittes:
uronedwtely conuguous propenies retained by'Lessor' - > $,iid inlrawructure shall be In the event lessee' elecls to purchase any portion ol 'Leasedl0ptioned Prapeny
insialled to the easteAy boundary ol Shelley lake Pu0 in me linai pmrate road wiihin the stated toned use, market segment andfor'pensiryjes' ol any approved 'DIaC
nght-al•way by tessee' ai i1►e time 'Cessea' improves the phase unmeoiatehr, adjacent lo or 'QUO' which would be valued greater lhan other remaining ponions ol
the rewined loreste0 property in Eutubit '0.1' 8'0 7 Said inlrastnuture and 'Leased/Optioned ProPeny' (sucn as portions ol ihe teasedlOpaoned Propeny
tmprovement stWl Oe compleled Dy lhe lessee' in a manner which may be easily
connected and extended by the owner of the subjeci retained lorested properry, Any
improvemern cosis beyond the developed areas vmtun ine most easterry 'Frml Ptat'
9
~
DECLARA,TION Or ANNEXATION
SHELLEY LAKL PUD, by and through the undersigned, llereby annexes the following
described property:
See Exhibit A.
. No part of the aiuiexed property is added to tlie Common Area. It is understood and agreed that
this Declaration of Annexation will be effective only upon recording in the real property records
of Spokane County, Wasliiiigton, and that said Declaration of Annexation will be held by the
owners of the abo ve- referenced real pi-operty until such tiine as such owners inay elect to record
the Declaration of Aiuiexalion.
Dated this _j clay of 4,04,t 2001.
SI-1ELLEY LAKE PUD
. sy .
Its
` I
.
INTERSECTION SIGHT DISTANCE REPORT
Shelly Lake 4`'' Addition
As required in the submittal checklist an intersection sight distance analysis was performed for
all intersections in the Shelly Lake 4`h Addition plat. The analysis is based on information from
the manual, "A Policy on the Geometric Design of Highways and Streets" published by the
American Association of Highway and Transportation Officials (AASHTO).
Attached to this report are copies of tables and figures from the manual which were used in this
analysis. These include Exhibit 9-51 for the stopping sight distance for the internal local access
roads, and Exhibit 9-53 which gives correction factors for downgrades and upgrades. Also
included as part of this report is an exhibit showing sight distance for each intersection.
For the internal uncontrolled intersections (local access to local access), stopping sight distance
was used to evaluate the potential conflicts at each intersection. There is one "tee" type
intersection and one full intersections. Qnly one leg of the Carnine Lane/9th Lane intersection
was used for this sight distance evaluation. A 25 mph design speed was used. Correction was
made for grades.
The following list of intersections shows sight distance requirements at each location:
Carnine Lane/9th Lane - 115 feet basic stopping sight distance
To the left - 0.81 % down No decrease correction sight distance = 115 feet
To the right - 1.07% up No decrease correction sight distance = 115 feet
9th Lane/Shelly Lake Lane - 115 feet basic stopping sight distance
To the left - 1.10% down No decrease correction sight distance = 115 feet
To the right - 1.10% up No decrease correction sight distance = 115 feet
As shown in the exhibit for these sight distances, all of the intersections provide adequate sight
distance.
OFRCtAL PUBLIC DOCUMEKT
SPOKANE COU[i(iY EG NGINEER'S OMCE ~,ECO I L EeVEp
~aE~r # a .
JAtI06' 14
I
SUBMITTAI. # 2
RETURN TO COUMY ENGINEER SPOWIE COUWEh,GINF
FR
lntersections
may be traveling at less than their midblock running speed during all or part of the perception-
reaction time and can, therefore, where necessary, brake to a stop from a speed less than the
midblock running speed.
Exhibit 9-51 shows the distance traveled by an approaching vehicle during perception-
reaction and braking time as a function of the design speed of the roadway on which the
intersection approach is located. These distances should be used as the legs of the sight triangles
shown in Exhibit 9-50A. Referring to Exhibit 9-50A, highway A with an assumed design speed
of 80 kmlh [50 mph] and highway B with an assumed design speed of 50 km/h [30 mph] require
a clear sight triangle with legs extending at least 75 m and 45 m[245 and 140 ft] along highways
A and B, respectively. Exhibit 9-52 indicates the length of the legs of the sight triangle from
Exhibit 9-51.
Metric US Customary ~
Design speed Length of leg Design speed Length of leg
(km/h) (m) (mph) (ft)
20 20 15 70
30 25 20 90
40 35 25 115
50 45 30 140
60 55 35 165
70 65 40 195
80 75 45 220
90 90 50 245
100 105 55 285
110 120 60 325
120 135 65 365
130 150 70 405
75 445
80 485 Note: For approach grades greater than 3%, multiply ihe sight distance values in this exhibit by
the appropriate adjustment factor from Exhibit 9-53.
Exhibit 9-51. Length of Sight Triangle Leg-Case A-No Traffic Control
This clear triangular area will permit the vehicles on either road to stop, if necessary, before
reaching the intersection. If the design speed of any approach is not known, it can be estimated by
using the 85th percentile of the midblock running speeds for that approach.
The distances shown in Exhibit 9-51 are generally less than the corresponding values of
stopping sight distance for the same design speed. This relationship is illustrated in Exhibit 9-52.
Where a clear sight triangle has legs that correspond to the stopping sight distances on their
respective approaches, an even greater margin of efficient operation is provided. However, since
field observations show that motorists slow down to some extent on approaches to uncontrolled
intersections, ihe provision of a clear' sight triangle with legs equal to the full stopping sight
distance is not essential.
659
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grade Desiqn speed (km/h) grade Design speed (mph)
(°lo) 20 30 40 50 60 70 80 90 100110 120130 15 20 25 30 35 40 45 50 55 60 65 70 75 80
-6 1.1 1.1 1.1 1.1 1.1 1.1 12 1.2 12 1.2 1.2 1.2 -6 1.1 1.1 1.1 1.1 1.1 1.1 1.1 1.2 1.2 12 1.2 1.2 1.2 1,2 y
-5 1.01.01.11.11.11.11,11.11.11.21.2 1.2 -5 1.01.01.11.11.11.11.11.11,11.11,21.21.21.2
-4 1.01.01.01.11.11.11.11.11.11.11.1 1.1 -4 1.01.01.01,11.11.11.11.11,11.11.11.11.11.1
-3 to +3 1.0 1.0 1.0 1,0 1.0 1,0 1.0 1.0 1.0 1.0 1.4 1.0 -3 to +3 1.0 1.4 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0
+4 1.01.01.01.00.90,90.90.90.90.90.9 0.9 +4 1.01.41.01.01.00.90.90.90.90.90.90.90.90,9
+5 1.0 1.0 1.00.90.9 0.9 0.9 0.9 0.9 0.9 0.9 0.9 +5 1.01.01.00.90.90.90.90.90.90.90,90.90.90.9
+6 1.01.00.90.90.90.90,90.90.90.90.9 0.9 +6 1.01.00.90.90.90.90.90.90.90.90.90.90.90.9 ,
Note: Based on ratio of stopping sight distance on specified approach grade to stopping sight distance on level terrain.
Exhibit 9-53. Adjustment Factors for Sight Distance Based on Approach Grade
,
~~R: . ' UNDCRCROUND SERVICE ALfRT . kaRT . ~
, : ONE-GLL NUYBCA ~ . YBER ' Auocrotn, Mw-
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W CARNINE LANE/9TH LANE ~ . ~ • • ~ w ~ S~E -
~ - ProFc~ N+~C w QC Job Num ProFct NwnDa; . ` QC Job kumba: S020134
am BV 7 ~ Dcsigned By Oram BY• J1dE Designee 8y D.A
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VERTICAL INTERSECTION SIGHT DISTANCE
Shelley Lake 4th Addition
Per Spokane County Enyineering request, vertical sight distance at the
intersections of Carnine / 9 h and Shelley Lake Ln / 9th has been analyzed. A
previous analysis was performed for these intersections for the horizontal sight
distance. Per this analysis, each intersection has a required sight distance of
115 feet. This distance was applied to the vertical profile with an eye height of
3.5' and an object height of 3.5. The analysis showed that there is adequate
vertical sight distance at these two intersections. Please see the attached profile
sheets that show the line of site at each intersection.
CLC A550CIATES
October 2, 2002
Gloria Mantz, P.E.
Spokane County Engineers
"1026 West Broadway Avenue
Spokane, WA 99260
RE: Shelly Lake 4th Addition
CLC #020134
Gloria:
Enclosed please a sight distance analysis as well as a StormCad calaulation.
Please give me a call if you require any additional information. Sincerely,
CLC Associates, Ioc.
D o u J. esmon~d.P. EProj ect Manager
DJD/cf
Enclosures
707 WEST 7TH AVENUE • SUITE 200 • SPOKANE • WA 99204 • P 509 456 6840 • F 509 458 6844
DENVER 9 SPOKANE • SALT LAKE CITY •
Scenario: Base
-1 p-
1 4- -2 P--2
Title: Shelly Lake 4th Addition Project Engineer: Ooug Desmond
j:\document\.s020134\projectl.stm CLC Assaciates Inc StoRnCAD v4.1 [428]
10/02/02 01:18:17 PM O Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA +1-203-755-1666 Page 1 of 1
Scenario: Base
Combined PipelNode Report
,
LabelbonstructedUpstrearrbownstrearrI Length Section AverageUpstrearr4)ownstrea~HydraulidHydraulicbownstrearr~Jpstream
Slope Node Node (ft) Size Velocity Invert Invert Grade Grade Ground Ground
(fUh) (fUs) Elevation Eleva6on Line In Line Out Elevation Elevation
(ft) (ft) (ft) (ft) (ft) (ft)
P•1 0.010800 1-1 1•2 25.00 12 inch 3.93 2,036.51 2,036.24 2,031.20 2,437.17 2,038.51 2,038.51
P-2 0.005000 1-2 0-1 14.00 15 inch 5.42 2,036.24 2,036.17 2,037.11 2,037.09 2,036.17 2,038.51
Title: Shelly Lake 4th Addition Project Engineer: Doug Desmond
j:Idocument1s0201341projectl.stm CLC Assoclates Inc StormCAD v4.1 (428]
10/02/02 01:18:06 PM O Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA +1-203-755-1666 Page 1 of 1
INTERSECTION SIGHT DISTANCE REPORT
Shelly Lake 4" Addition
As required in the submittal checklist an intersection sight distance analysis was performed for
all intersections in the Shelly Lake 4`h Addition plat. The analysis is based on information from
the manual, "A Policy on the Geometric Design of Highways and Streets" published by the American Association of Highway and Transportation Officials (AASHTO).
Attached to this report are copies of tables and figures from the manual which were used in this
analysis. These include Exhibit 9-51 for the stopping sight distance for the internal local access
roads, and Exhibit 9-53 which gives correction factors for downgrades and upgrades. Also
included as part of this report is an exhibit showing sight distance for each intersection.
For the internal uncontrolled intersections (local access to local access), stopping sight distance
was used to evaluate the potential conflicts at each intersection. There is one "tee" type
intersection and one full intersections. Only one leg of the Carnine Lane/9th Lane intersection
was used for this sight distance evaluation. A 25 mph design speed was used. Correction was
made for grades.
The following list of intersections shows sight distance requirements at each location:
Carnine Lane/9th Lane - 115 feet basic stopping sight distance
- To the left - 0.81 % down No decrease correction sight distance = 115 feet
To the right - 1.07% up No decrease correction sight distance = 115 feet
9th Lane/Shelly Lake Lane - 115 feet basic stopping sight distance
To the left - 1.10% down No decrease correction sight distance = 115 feet
To the right - 1.10% up No decrease correction sight distance = 115 feet
As shown in the exhibit for these sight distances, all of the intersections provide adequate sight
distance.
Intersections
may be traveling at less than their midblock running speed during all or part of the perception-
reaction time and can, therefore, where necessary, brake to a stop from a speed less than the
midblock running speed.
Exhibit 9-51 shows the distance traveled by an approaching vehicle during perception-
reaction and braking time as a function of the design speed of the roadway on which the
intersection approach is located. These distances should be used as the legs of the sight triangles
shown in Exhibit 9-50A. Referring to Exhibit 9-50A, highway A with an assumed design speed
of 80 km/h [50 mph] and highway B with an assumed design speed of 50 km/h [30 mph] require
a clear sight triangle with legs extending at least 75 m and 45 m[245 and 140 ft] along highways
A and B, resgectively. Exhibit 9-52 indicates the length of the legs of the sight triangle from
Exhibit 9-51.
Metric US Customary
Design speed Length of leg Design speed Length of leg •
(km/h) (m) (mPh) (n)
20 20 15 70
30 25 20 . 90
40 35 25 115
50 45 30 140
60 55 35 165
70 65 40 195
gp 75 45 220
90 90 50 245
100 105 55 . 285
110 120 60 325
120 135 65 365
130 150 70 405
75 445 ,
80 485
,
Note: For approach grades greater than 3%, multiply the sight distance values in this exhibit by
the appropriate adjustment factor from Exhibit 9-53.
Exhibit 9-51. Length of Sight Triangle Leg-Case A-No Traffic Control
This clear triangular area will permit the vehicles on either road to stop, if necessary, before
reaching the intersection. If the design speed of any approach is not known, it can be estimated by
using the 85th percentile of the midblock running speeds for that approach.
The distances shown in Exhibit 9-51 are generally less than the corresponding values of
stopping sight distance for the same design speed. This relationship is illustrated in Exhibit 9-52.
Where a clear sight triangle has legs that correspond to the stopping sight distances on their
respective approaches, an even greater margin of efficient operation is provided. However, since
field observations show that motorists slow down to some extent on approaches to uncontrolled _
intersections, the provision of a clear sight triangle with legs equal to the full stopping sight
distance is not essential.
659
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grade Design speed (km/h) grade Desipn sqeed (mph)
20 30 40 50 60 70 80 90 100110120130 (°/a) 15 20 25 30 35 40 45 50 55 60 65 70 75 80 ~
-6 1.11.11,11.11.11.1121.21.21.212 12 -6 1.11.11.11.11.11.11,11.21.2121,21.21.21,2 y
-5 1.01,01.11.11.11.11,11.11.11.212 12 -5 1.01.01.11.11.11.11.11.11.11.1121.21.21.2
-4 1,01.01.01.11.11.11,11.11.11.11.1 1.1 -4 1.01.01.01.11.11.11.11.11,11.11,11.11.11,1
-3 to +3 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 -3 to +3 1.0 1,0 1.4 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1,0
+4 1.01.01.01.00.94.90,90.90.90.90,9 0.9 +4 1.01.01.01.01.00.90.90.90.90.90.90.90.90.9
+5 1.01.01.00.90.90.90.90.90.90,90.9 0.9 +5 1,01.01.00.90.90.90.90.90,90.90.90.90.90.9
+6 1.01.00.90.90.90.90.90.90.90,90.9 0.9 +6 1,01.00.90.90.90.90.90.90.90.90.90.90.90,9
Note; Based on ratio of stopping sight distance on specified approach grade to stopping sight distance on levei terrain.
Exhibit 9•53. AdjustmentFactors for Sight Distance Based on Approach Grade
J:\LANO NROJtG'I'5tbu~U I ~4ww~~ant•uiai.uvru, iu~u irc~~u~. ~<.,.+v,~,.r ,
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Submittal Checklist - Submittal #1
for Road & Drainage Projects in Spokane County - Plats/Short Plats
RECEIVED
This form needs to be included with each plan submittal to the Spokane County Engineer's Office.
SEi' 2 3 i►~~,
Date: 9/23/02 SPOKANE COU(YTY ENGINEER
Project Name: Shellv Lake 4th Addition ° OFRCIAL PU611C DOCUMENR ~Spokane County Proj ect No.: -P I -7S0 D SPOKANE COUNTY EHGINEERS QMCE
Project Engineer: DouR Desmond ~ ' AL
Phone: 458-6840 PROJECT #
Proj ect Applicant: Buster Heitman SUBMITTAL # I
Phone: RETURN TO COUNTY ENGINEER
A. Preliminary Process
Prior to submittal of road and drainage plans, the following events are to have already occurred:
0 An "Agreement to Pay Fees" has been submitted.
Z At least one Pre-Design Meeting has been held with County staff at the Engineer's Office.
B. Road and Drainage Plan Subnuttal
. The items listed below need to be provided as a minimum with each road and drainage plan submittal.
Item Description
ZYes Road and drainage plans, one set.
ZYes Each plan sheet of record is signed and dated by the project applicant.
ZYes Drainage report, one copy.
ZYes The plans, drainage report, basin maps, and any other calculations are
stamped, signed and dated by an engineer licensed in Washington.
ZYes ❑Prev* ❑N/A Inspection agreement between the project applicant and its engineer.
ZYes ❑Prev ❑N/A Geotechnical report, one copy (Include all soil test pit/boring logs).
❑Yes ❑Prev MN/A Structural pavement calculations, one set.
❑Yes ❑Prev MN/A Cross-slope grade calculations - for road widening projects.
❑Yes ❑Prev MN/A Fire district approval for private roads.
❑Yes ❑Prev [ON/A Lot Plans (req'd for every lot with easements other than utility or
border).
❑Yes ❑Prev ON/A Any applicable State and Federal permits were obtained (i.e. HPA,
JARPA, etc.) and a copy of the conditions is included in the plan
submittal.
MYes ❑Prev ❑N/A Maintenance manual and sinking fund calculations for privately
maintained facilities.
❑Yes ❑Prev ON/A A draft copy of the Homeowner's Association CC&R's.
❑Yes ❑Prev ❑N/A Legal description and exhibit for any easements (County will prepare).
MYes QN/A Erosion Control Plan to be included with plan submittal. •
❑Yes ❑Prev ❑N/A Sight distance analysis.
*Prev = Previously accepted by the County Engineer