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SP-640-90 CLARENCE E. StMPSOIV ENGINEERS, INC. CIVIL ENGt(VEERS AND LAND SURVEYORS N. 909 Argonne, Road Spokane,,Washington 99212 Telephone: 926-1322 Fax: 926-1323 TO: ,~t2 GcDrJ.~ rAlEEF~25 _ SUBJECT: f csq`q- G+U OATE: , A `MLT,~- t~'E11 ! S 4 CdPY 6 TFFC AkrarA= - - ~ tJA_ c- Pc-4 ~ i 4~~4 Yr9-✓R A ~o c {.IE: ~ T/7 A~ . - A UG ~ .I 1990 ~sginee~l~ , Signed~ ~ ' ~ t~~,~~'• ~y ~'ti ~i~~ _ ~ ~ A ♦ 1 ~ PLANNING DEPARTMENT BROAOWAY CEN3RE 8U1LOfNG N 721 JEFFERSON STREET PNONE 456-2205 SPOKANE, WASMINGTQN 99260 . . - SPOMAMC COU114V CO3lpT NOtOSC RECUVjj~ MEMORANDUM ~ k P 5 1990 'In: Spokane County Engineer KnBefing Spokane County Utilities Spokane County Health District Spokane County Department of Building & Safety Fire Protection District #1 Modern Electric Water Co. FROM: Thomas Veljic, Planner ) / DATE: September 4, 1990 SUBJECT: Review of final plat for SP-640-90 Enclosed find copies of the above referenced final plat. Please review aad forward any comments by September 19, 1990. If you have any questions you may contacL me at 456-2205. Thank You. kc Enclosure c: Ferrell Nihart, 108 N. Walnut Rd., Spokane, WA. 99206 rev: 12/89 ~ 9 . 8l.-dq. FermYt Fee, Nc.. - - - - - - Fi,1'e N,G'. ~ P-'rao.J,,.ezt Name :F'ar-tel ~ Sp~~n,sur s,, Name Y- ,Ph.on,e Enginee~: /S~~r veyoLr s/Ar,c~h i t,ect s `Name ~og Te 1 ep h oDn e # d-k Plann4ng Gontac t Per,,s~qn, Dat P Submit,t ed' j ~ Deksr r i p t.flon° I r~ i~=:i a'I s ,g , -3I - ~ ~ - - ~ - rv-- Loc- ~ - - - . . * - ~ ~ - - kW? 44 % o 07 O6 t ~ 01_ O r L" - - - - a . ~ ••ALx~~.~ r,qr s K~ 6 0 o ~ ~ ~ ~ ~ ~ (D C l _ I A~ ~►~I.~ - ~ ► ~~,,.~8 ~ _ _ _ ~ - - - -~1 ' 41G~ i,b p, ~ - - - - ~ - D@ ~ ~p - - 'I -~-T+T~ r , ' ~ ~ ~ 1W % _ - - - ~ 'r b • , t ~ ~ ,r ~ ~ - '~~j~ w c 14 . r8l ~o ~ ~ C EY1 i`~ O ~ `b _r.. ~el+'i.._,•o• ~,1e~ ~.i re VR . pq V Qf~ < 4, c~ ~ ~ ~ , ~ ~ ~ L tU ~ IC 8 (r Z~--~--Q r~I'1 , ~y~ • `J ~ ~ ~ ~ a I ~C~f 1 ~ I• Q In'~' ~ ~ ~ 15 N's - •s S 1- , , ` ~ _ , - ~ !01 . _ 1 , ~ O • ~ A~ ' • 1 t~N A • ' ~ A 2 Tr- 1qq-)~J _ ~ I ~ ~ @ - - - ' - . `;r "f~ ~ ► ~ o . ~ t • 19 . 3y ~ - ~ ~$5 ~20 ? a ~ I~ (j) , C~ ~ S P., ~ , • N - - - ~ - . . , - - Jm FA @ ~ ~ C• ~ ~ ~ ~ ' b ~ a b_ y t3`~ ~ ~ ~ 1 • ~ f3 R , , ~J 34 J Lrp~_ i - ~ ~q a^ ? ~ ~ 19 ' . T 7 c- ~ - ~ - - ~ ( ~ ~ , _ ' I~s~ ~ . _ ~ ~ ---1 - - Z~ lt~ ~L~ ~ ~ y • ~ 0 Ar ? 1 . ~ r ~ + ~ r ~ ~L` _ / ~ rAAL t. &ASA ~ ~ ~a ~~~`~r►~~-~ k~ ~ , .P,L A C~s ~ ~ _ . • ~ , of 1140~ ~ ~ . • ~-1'"'° ~ ~ ' JdAlw P,,,,4r ~.~~,r ~ia~t - ° ~ ~ , CAWW ~x ,L~ar Z4r .j,1A .i4eLows ~ C, +t..o .5 AJI A Lej i e-- , r~ Lo " c2[p Q i7de-a ♦c..AT-lAD-6f A , A . 4~ . r . C:~ IJ A ~ W4"UA& o'lt - P r, t4 ~ ~ ' F ~A,g,,p ~~~►.r~ h) /-A . [J Y ~ ~~V . I or 4as G A wL.Ep 6 & ME""t-5 _ i AJED By ~ RECBv"ao. w.,:.. 0 CT 9 1990 RECpV 0 , , 9199 Transamerica No.: AT-152749~1 FERRELL NIHART Customer Vo. : 108 N. wALNUT RD. Seller ; NIHaRI' SPOKAvE, WA 99206 Buver/Borrower : ec: Simpson Engineers cc: Spokane Countv Planning cc : Spokane Countv Engi neei-ir►g SUPPLEMENTAL TITLE COMMTTMENT NOMBER 2 Tt1E fG11Uwiny r,zdttei•s affect the property covercd bv tha s Urder: X Paragraph No. 4 is amended as follows: The Niortgagee's interest in said Mortgage is now hnld of recnrd h:- Pacific First Bank, a Federal Savings Bank; formerly known as Paciiac First Federal Savings Bank. Y Except as to the mcitt.ers i eported hereinabove, the titl e tca th~-- prvperty covered bY this order has NOT been renxamiried. Dated as of Octabx'r 9, 1990 at A: 00 A. M. TRAIVSAMERICA TITLE INSORANCE COMPANY By , Arleen Tolliver, Title afficEr clmn . ♦ ♦ S T' f j K /1 N jF- ~)0 C J I~1 T ~ OFTICG dF TtlE GC)UNTY ENGINFFlt ~ A D1VISlo,%1 OFTIiE PUBLie WOFtkS DEPAR'[1NFNT Rnnald C. Hormann, P.E., Gaunty Engineer Dennis M. Scutt, P.E., DireetOr October 9, 1990 Spokane County Planning Department North 711 Jefferson Spokane, Washington 99260 Dear Sirs: We have reviewed Short Plat No. 640-90 and find that it complies with our section of the conditions contained in the Findings of Fact, Conclusion, and Decision, dated July 20, 1990. Very truly y s, d R na d . Hormann, P. E. Spokane County Engineer RCH:ela i\ 811 Iettvryun Spokane. Wr~ Q'Q2o0-0 I80 150ya ~5L,-3ba0 F?1X (509) 45c)-4715 i _ ' r ► S P U K A N E• O U N T Y - .r , - OFT[CE OF TI-JE COUNTY ENGWEEl7 • A Div15toN oF THE PuBLIC WoRKS DEPARTMENT Ronald C. Harmann, P.E., County Engineer Den.nis M. Srott, P.E., Director M ElM O R A N D U M TO : RONALD C. HORMANN, P. E. F'ROM : GARY NELSOH and JERRY SIMS ` OATE : October 9, 1990 RE : SHORT PLAT 640-90 (Two Lot Short Plat) The ettaahed Tvo Lot Short Pl-at and Street Plan has been revieaed by,thie~-section. The Plat ie in Complianae aith the "Conditione of Approval°'specified in the,Short Plat Adminietrator's pFindinga and Order, " „dated July 20, 1990. we recommend tbat you aign the attached letter to the Planning Department. N' 811 JeFFerson Spokane, WA 99260-0180, (509) 956-3600 F4X (509) 456-4715 . - - - GCT 09 190 14 : 16 3I rfIPSON ENCt. - 392' P02 C Transameri~a Nd.: AT=1521749M FERRELL NIHART Co$tamer "1o. : 168 \0. WAtNIUT `RfJ - Se l1 e'r . N i-HakT SPO, K?,N E 6;vA '952 0 6 Huyexr'Borrower : 'cc : S~~ imgson Eng i-nPers cc : SPaxa`ne Count~T P].anning cc : 5pekane Caunty Ei7gz.neering - SUPPLEMEN'TAL TITLE CUMMZTMEN'1'''KDMaEn 2 TlZe fvi-Ioc.fing ~~,aftexs affect the propertY covered bv this order: x Pa,ragraph Ro- 4 a.S amrrnc3ed as fallows: The tilor=tgagee' s in'Lerest in saicl Nlorfiqaye is now he,ld of xecoa•d bt FaCi-fir F1?'st Bank, a Federal Savings Bank; formerlv known as Pacif?c F3-rst FCd2rc3i 'Scx-v1I7g5 8arilz. Except -as t,o GYi- matters repQrted hPreinabove, the t?tle ta 4he pzoperty cov~ercd h:- tiiis ozder has NOT beer. reexamined. Da~ed as 4_ 0ctoher 9, 1.;'30 at 8;00 A.M. 1'RANS;~IMERZCA TITLE INSIIRANCE COMPANY 1 a~ ~l Ar. 1 een T01 I iver , T it-I e Of f-iCex dr.tn RECE/V,p ~ t r Z 1990 Ctv'~ ~waft Transamerica No.: AT-152749M F'ERRELL NIHART 108 N. WALNUT RD. Customer No. : SPOKANE, WA 99206 cc: Sirnpson Engineers Seller : NIHART cc: Spokane County Planning cc: Spokane County Engineering BuyerlBorrower : SUPPLEMENTAL TITLE COMMITMENT NUMBER 1 The following matters affect the property covered by this order: X Add NOTE to Paragraph No. 4 of Short Plat Certificate: NOTE: Spokane Valley Savings and Loan Asociation is now known as Pacific First Federal Savings and Loan Association by Document No. 7302070186. X Except as to the matters reported hereinabove, the title to the property covered by this order has NOT been reexamined. Dated as of September 18, 1990 at 8:00 A.M. TR.ANSAMERICA TITLE INSDRANCE COMPANY By /7T Arleen Tolliv r, TiAt e Of f icer dmn 1 TRAAISAMERICA TITLE INSDRANCE COMPANY North 720 ArgonnP Spokane, Washington 99212 Prepared Eor: Order No.: AT-152749M Ferrell Nihart Certificate for F'iling Proposed N. 108 Walnut Rd. SHORT PLAT NO. 640-90 Spok3ne WA 99206 Charge: $125.00 cc: Simpson Engineers Tax: 9.75 cc: Spokane County Pianning Total: $134.75 cc: Spokane Caunty Engineering SfIORT PLAT CERTIFICATE Effective Date: August 6, 1990 at 8:00 a.m. In the matter of the shQrt subdivision to be submitted to Spokane County for approval, this company has examined the records of the Spokane Count'V Auditor' s and Clerk' s of f ices , and the of f ice of the Clerk of the United States District Court hol.ding i:erms in said countv. This certiFicate is made for the purp4se herein specifieel, and is not to be used as a basis for closing any transaction. Liabil.ity is limited to the amount paid fAr this certificate. Erom such examination, the company hereby certifies the title to the following described land, in said Sp4kane County, to wit: The South half of Lot 4 in Bluck 6 of OPPORTUNITY PLAT 3, as per plat thereof recorded in Volume "S" of Alats, page 15; Situate in the County of Spokane, State of Washington. VESTED IN: AUARE LEE NIHART and FERRELL H. NIHART, husband and wife. EXCEPTIONS: 1. General taxes, as follows, together with interest, penaltv ana statutory foreclosure c:osts, if any, after delinquPncy: (1sk half delinquent on Mav 1; 2nd half delinquent on NovPmber 1) Tax Account No. Year Amount Ailled Arnount Paid Princi.pal Fial.ance 45174.2610 1990 $807.24 $403.62 5403.62 2. AssPssment for Sewer District No. 87-01, in the amount of $1,950.00. (continued) . 1 Order No. AT-152749M Page No. ? 3. AGRGECIENT AVD TIiE TERMS AND CONDITIONS THEREOE: BETWEEN: Nlodern Electric Water Company AND: D.K. McDonald and others DATED: November 4, 1905 RECORDED: November 6, 1905, Boak "E" of Contracts, page 267 RECORDING NO.: 131084 REGARDING: Providing for construction of ditches, flumes, water pipes, etc.; erecting poles and electric distribution Iines, with right of ingress and egress to maintain saici pipes, lines, etc.; and providingfor lien for unpaid charges for such service. 4. MORTGAGE AND THE TERMS AyD CONDITIONS THEREOE: MORTGAGOR: as Executrix, 'Oordttr~ : . rownson, as an individual, Ferrell H. Nihart and Audre Lee Nihart, his wife, and 4.ww it. 8rownson his wife M4RTGAGEE: Spokane Valley Savings & Loan Association, a Washington corporation ORIGINAL AMOUt3T: $17, 000.00 DATED: December 28, 1972 RECORDED: Januarv 15, 1973 RECORDTNG iv0.: 7301150079 5. Potential. 1 iabil i.ty for assPSSments levied by Spokane County L!ti 1 itv Department far the Aquifer ProtPCtion Area. To verify, call 458-2538. In order to r.lake paymPnt, accuunt number i,s nPCessarw. TRA SAMERICA T1TLE INSURANCE COMPANY b • . ~ Y rleen To1liver, Title Officer Foi- Service on this drder, Call: (509) 922-2222 (continued) - i r , . ' Order No.AT-152749M Page No. 3 NOTE 1: Pro,pertY Add,ress: N. 108 Walnut Road, Spokane, WA 99206. For verification of address, please call the City Public Works Department at 456-43,00 or the County -Public Works Department at 456-367;5. ENCLOSORES: Paragraph(s) 2 Plat map, pds ~ ~ ~ / A ~ ~'LEO OA AECOROEO °tGt~E;T pr PJ9NEEA NAfll~fiAl 11TLE r' JaH IS 10 ap d~!l973 73V L~0 ~ ~ ~~~A GN~ANO. AU 1 115 79 svo~~HE couN r.w°As°~,~ ~ ~ - ,,,,L OEPUTY -7~~`~jl~l~'jG 2 REAL ESTATE MORTGAGE &7•i4C'n ~ ~ txe MoarGAcoRS DOROTHY M. BFOWl,S0N, as Ezecutrtx, flORBTltY M. BROUNSON, as an individual w fEKPELL H. tfIHART AtIO AUDRE LEE AINART, his Nife anQ LYNN J. BROW14SON At+D PATSYAKN , ,d EROe"INSON, his wife a..ty Iet to SPOKANE VALLEY SAVINGS b lOAN ASSOQATION • mpent~~u wyoo.nd eaav nr bs~~ M oM ibu d washipyee, •.U .4 pM4pCI {lNe o! 16r41e044 sl QlPenuniry. WaehlnabR. kvtiealep telt~~ 1!~ Msrepepr, tf~s leti~rl~0 ~ermM NM • Prtel sl haf ite roe Comay of 1901c00. Sron ol WolAin`ron, to.•Itl 1 The 5auth half of TrAet 4, 81ock 6. OPDOR7UNITY PL i 3. cparding to ~ Plat rezorded in'dolurre "S° of P1ats, page ]5, in Spokane County. kashington. Uqt•+er .15 a! fis +•sb, nn*% 0-4 D'e1.16 IMr~tros, ew0 o31 ~p~wilt~exat, littvtel, altscl~esait, toesr.tnfs nRd hrrJ~M~s~sf~ baln~yE" a ' ~rG•-~:'~•7 t~n~~R ~-+t.~ 7 cIl •'40443l, Rwtl,p. ~~allry, .eouht n-I onA p14PiLGn~ I~~t•~~~ eni edcfpwiii. oltring e+d 6rtpo17•l o9parelro li 1.• rs• -%_t•ev e, de10•i, !o$ -or.r c•A ►re`e-1 Hi Lnro.S. Ila)ers. a1J a.olt ji. dtar ard ~3rtnmo a+eeui....+taw Jwhs. f.•p'~.+ e+ r•e 0 a7t. •.~•;~~e.s~ e~~ n~~e. ►e.,~• ~v•~t~ r.aye~u e'd hees oad itJu0s os0 oV subafJUlim sm) n„vole d rie Idpsim0, ' alt tl .•cn sN % tj'v•l n m-4 s,c11 L. a Tat1 0s 1~q tva) p.z:4i1r 06Degl ta 0.6 nmluov• . ~ Trl[ ,M:t'sI _111 //I-ifi'/ !t1111t1I401I D111P.lbiD 1S t.af Y:S(I IM{IKI1AtlY IDt wGOtCUlfU1At 01 /AIPNWG WffOSE1. ~ T" ~ r~►'~a~L( ;•r to Jn_r• tte sol.en4 ol - • - SEIENTEEN TH(fUShtiO AIlO ti0/100 - - - - - - - - - - • - - - - - - cit31si• is 17.000.00 , p,y3eo rs oc~ol ~g~•*~r ~r~r=~~~•,~~ or Of3E FNIiDRED THIRTY-SEYEN AhO N0/100 --(5137.00) ►.q .m I,, 15th e., tFebruary , t• 13 eed per■ika. .n t►,. 15th e0, .f ..a .moi► h..pn. .s t•-do-440 GT s ao•a o1 •nn Cote 1,-410.0. 1wo Mrml t/ •A4A w tatwporated M»in !7 tilrtonm trrii d r:•! 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Broxnson, es Exetuthlf, botvthy M. 6h011h4tlN, A~ 6H , individu-31, Lynn J, Proxnson and Patsyann 8rosmson, h1s Nife n.o i•s-• •L t• r•o ~•t .•f ia. i; qW4 .y orecr•.9 1to .~r1"• Inulant+s, s•d esina.ttlCss ihat t 1Ny stiSned axd ~W1ed 1lS~ *:I, ee tAe i r 1~.. sr1 ~-_f ~•rr 0- e. d d..d. fm I~v rato a! C-rpaies It.ae1q mrzi xu• 1 Gn• •wtN fT b-rN 8•f di>ao .•ol 4%, Cn nn1 Veo. Hl1 s\e.* ..,1118e ~ ' ~ V~ ' ♦ ~ I NMnry /rlne In • i 1s IM f L d WorAL~p ~ ~A%- a,~' , • • . • - ~ C., - t ~ • 3 ~ 0.' r 1 ~ 1 I ~ opwr ---~1 ~ @ ► ~ ~ r ~___i__ , ~ ~ $ i~ G4 +?L p8Ql- ~ N I~ p , • . - ! Q O O ~ N ~ ~ / ~ _ 64r l~~ • '1 ` ~ 6 ~ ~ t 'R✓ ~ ~ : 1 ' . i ~ w; ~♦e ~ r~'s ~ ~ ~ -l „r~ ~ ' . ~ `~4%, A ~ , s ~ , . _ ' • a - ~Sc P ~ ~r ~ ? ~ ~ ~ . - - ,x . ~ tA 00 3y3 , ~ 0 FQ INb+ e 1 L~ i 3~ _ _.1~ FA,@ ~ ~°J ~ ~ ~ ~ ~ ~ ' 0 4.ii ~ ~ i . ERICA TtnE INSURANCE COMPANY iRANSAM 1NASHINGSON VOKANE, ~ ~ . ~ ~ ~ ~o ~r~„ 1~ , !35 ^ . a 1 ti 14 - j S r& ~se ot, anistin~ Ih►s print is imade sofely tcr tha ~Du~ ~n assumes na ~ ~ O ;n jR C t i n g s a i d pcamises e n d t h e cn m p~'~~ S'~ S a n d -~_~r~• + ~ ~i4•~•~ ,t any. J for ~rari~tions, ~ iia6~1'~tg actual survey. d bY 1dt ;~O-- lacotion ascertaine 4wr +7 . - , . ~ ~ ~ ZI • ~ r`M~ . • • ' • • ~ • t•~ ~ f ~ ~ ~ . ~ • \ - _ ~ , l ~ COMMITMENT FOR TITLE INSURANCE Issued By . . Tiransamerica Title Insurance Company Transamerica Title Insurance Company, a California corporatian, herein called the CompanY. for a valuable consideration, hereby commits to issue its poiicy or policies of title insurance, as identified in Schedule A, in favor of the proposed insured named in Schedule A. as Owner oY mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A. upon Rayment of the premiums and charges therefor; atl subject to the exceations and conditions and stipulations shown herein, the Exclusions from Coverage, the Schedule B exceptions, and the conditions and stipulations of the policy or policies requested. (See reverse side of this cover and inside of back cover for printed Exclusions from Coverage and Schedule 8 exceptions contained in various policy forms.) This Cammitment shall be eifective only when the identity of the proposed Insured and the amount af the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsements and is subject to the Conditions and Stipulations on the back of this caver. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six mon#hs after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided ihat the failure to issue such policy or poticies is not the fault of the Company. IN WITNESS WHEREOF, Transamerica Title Insurance Company has caused its corpora#e name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A NOTE: THE POLICY COMMITTED FOR MAY BE EXAMINED BY INQUIRY AT THE OFFICE WHICH ISSUED THE COMMITMENT, AND A SPECIMEN COPY OF THE POLICY FORM (OR FORMS) REFERRED TO IN THlS COMMITMENT WILL 6E FURNISHED PROMPTLY UPON REQUEST. Transamerica Title Insurance Company ~F o %E I N13~, ~f~ ~4LpBPOR4 Pte,IddCEI ~ ~ '~4r 13 , 14`° ~a Attest: Ccmmttrnent - 1989 - Wa Cover Form 1004-96 I i COMMITMENT CONDITIONS AND STIPULQTIONS 1 The term mortgage, when used herein, shal{ include deed of trust, trust deed, or ofiher security instrument. 2 tf the proposed insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or ather matter affecting the estate or interest or martgage thereon covered by ihis Commitment other than thase shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shal( be relieved from liabifity for any loss or damage resulting from any act of reliance hereon to the extent khe Company is prejudiced by faiture #o so disclose such know- (edge. If the proposed insured shall disctose such knowledge to the Cornpany, or if the Company otherwise acquires actuai knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule 8 of thfs Commitment accordingty, but such amendment shall not relieve the Company from liabiiity previously incurred pur- suant ta paragraph 3 of these Conditions and Stipulations. 3. Liabifity of the Company under this Commitment shall be only to the named proposed insured and such parties included under the definition of insured in the form of po(icy or polictes committed for and onty for actual ioss incurred in re(iance hereon in undertaking in good faith. (a) to comply with the requirements hereoi, nr (b) to elimlrtate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liabifity exceed the amount stated in Schedule A for the policy or policies committed for and such (iability is subject to the insuring provisions, the Condjtions and Stipulaiions. and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed insured may have or may bring against the Company arising out of the status of the title to the estate or inierest or the status of the mortgage thereon covereti by this Commitment must be based on and are subject to the provisions of ihis Commitment SCHEDULE OF EXCLUSIONS FROM COVERAGE The matters listed below each policy form are expressly excluded from the coverage of that policy and the Company will not pay loss or damage. costs, attorneys fees or expenses which arise by reason thereof: AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (6-1-87) AMENDED 10-21-87 and AMERICAIV LAND TITLE ASSOClATIOId LEASEHOLD LOAN POLICY (6-1-87) AMENDED 10-21-87 1_ (a) Any law, ordinance or govemmental rggufation (including 3 Defects, liens, encumbrances, adverse claims or other but not limrted to building and zoninq laws, ordinances, matters° or regutations) restricting, regulating, prohibiting or re- (a) created, suffered, assumed or agreed to by the insured lating to (i) the occupancy, use, or enjoyment of the land: claimant: (ii) the character, dimensions or loca#ion of any improve- (b) not known to the Company, not recorded in the pubfic ment now or hereafter erected on the land, (iii) a separa- records at Oate of Policy, but known to the insured claimant tion in ownership ar a change in the dirnensions or area and not disclosed in writmg to the Company by the insured of the land or any parcel of which the land is or was a claimant prior to the date the insured claimanl became part: or (iv) environmental protection, or the effect of an insured under this pplicy; any vioiation of these laws, ordinances or gavernmental (c) resulting in no ioss or damage to the insured claimant; regulations, except to the extent that a notice of the en- (d) attaching or created subsequent to Date of Policy (except forcement thereof or a notice of a defect, Iien or encum- to the extent tha# this policy insures the priority of the brance resulting firom a vrolation or alleged viola#ion af- lien of the insured moctgage over any statutory lien for iecting the land has been recorded in the pubtic records services, labor ar material): at Date aF Policy. (e) resulting in loss or damage which would not have been (b) Any governmental police power not exctuded by (a) above, sustained if the insured ctaimant had paid value for the except to the extent thaE a notice of the exercise thereof insured mortgage. or a notice of a defect, lien or encumbrance resulting From 4, Unenforceability of the lien of the insur+ed mortgage because of the inability or failure of the insured at Date of Policy, or the inabillty or faifure of any subsequent owner of the in- debtedness, to comply with appticable doing business laws of the state in which the land is situated. 5m Invalidity or unenforceability of the Iien of the insured mort- gage. or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending taw. 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien far services, labor or materials over the lien of the lnsured mortgage) arising from a viotation or alleged violation affecting the land has been an improvement vr work related to the land which is contracted recorded in the public records at Oate of Policy for and commenced subsequent to Oate of Policy and is not 2. Righis of eminent domain unless notice of the exercise financed in whole or in part by proceeds of the indebYedness thereof has been recorded in the public records ai Date of secured by the insured mortgage which at Date of Policy the Policy, but not excluding from coverage any taking which has insured has advanced or is obligated to advance. occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. Continued on Inside Back Caver . ~ ~ - - - - - - ~ ~ i WASHINGTON STANDARD LOAN POLICY (12-1-88) 1. (a) Any taw, ordinance or governmental regulation (including but not Iimited to building and zonrng laws, ordinances, or regulations) restNcting, regulating, prahiblting or relating to (i) the occupancy use, or enioyment of the land; f07 the character, dimenswns or location of anv imArove- ment now or hereaftet erected on the land; (ifi) a seRaration in ownership or a change in the dimensions ar area nf the land ar any parcel af whic the fand is nr was a part; or (iv) environmental prAtectron Ar the efleCt oi any violation of thESQ laws, ordinances or governmantal reguPatrons, except to the extent that a notice di the enforcement thsrsof or a notice af s defect, lien or encurnbrance resulting from a uinlation or alleged violation afiecting the land has been recorded in the public records at Date of Policy, (b) Any governmental police pnwer not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a detect, lien or encumbrance resulting 1rom a vialation or alleged violation affecting the Iartd has been recorded in the public records at Date of Roticy. Z Rights of em,nent domam unless notice of the exercise thereat has been recardec! in the pubric records at Oate of Policy, but not excluding hom coverage any tak,ng which has occurred prior to Date af Poticy which wAUld be binding on the nghts of a purchaser for vafue without knowledge. 3. Defects, (iens, encumbrances, adverse claimS o► other mariers° (a) oreated, sutfered. assumed or agreed to by the iRSured claimant; (b) not known to the Company, not recorded in the publrc records at Qate of Policy, but known to the insured claimant and nof disclosed in writing to the Campany by the insured ciaimant priar to the date the insured claimant becanne an msured under this policy; (c) resulting in nca toss ar damage to the insured clairnant. (d) attaching or created subsequent to Da►e of Policy (excepi to the extent that this paUcY insures the priohty of the lien af the insured mortgage over any s#atutory Iien for servfces, (abor or materialf, (e) resulting in loss or damage whieh would not have been sustained if the rnsured cteiment had paid vatue ior tne insured mortgage. 4. Unenforceability of the lien oi the insured mortgage because af the inability or iailure of the tnsured at Date of Policy, or the inabilrty or failure of any subsequent owner of the indebtedness, Co camply with applicable doing business laws of the state in wh?ch the tand is situated_ 5. Invatidiry or unenforceability oi the lien of the insured mortgage, or claim thereAt, which arises out of the transaction evidenced by the msured mortgage and is based upon usury or any consumer credit pratection or trath in lending law. AMERICAN LANO TITLE ASSOCIATION OWNER'S POLICY (6-1-87) AMENDED 10-21-87 and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (6-1-$7) AMENDED 10-21-87 1. (a) Any law, ordinance or governmental regulation (includfng but not limited to building and zoning faws orctinances, or regtilatioRS) restricting, regulaking. prohibiting ar reiating to (i) the occupancy. use, or enjoyment of the land; (i7 the character, dimens+ons ar location of any improve- ment now or hereafter erected on the 1and, (in) a separation in ownership or a change in the dimansions or area of the Iand or any parcef oi whtch the tand is or was a part, ur (iv) envirvnmental prvtection, or the eHect of any vtatation of these Eaws, ordinances or governmental regulattons, except to the extent that a noUce of the ertfoncemertt thereof ar a notice oi a defect, lien or encumbrance resulting from a violation or alleged viofation affecting the land has been recorded tn the public records at Date ofi Policy. (b) Any governmental police power not excluded by (a) above, except fo the extent that a nvtice of the exercise thereof or a notice of a defect. lien or encumbrance resulting from a vioiafion or alteged violation affecting the Iand has been neeaorded in the public records at Date of Policy. 2 Rights of emtnent domain un{ess natice af the exercise thereof hag been recorded in the public records at Date of Policy. but not excluding from coverage any #aking which has occurred prior to Date of Policy which would be bmding on the rights of a purchaser tor v,atue without tcnawtedge. 3. Defects, tiens, encumbrances, adverse claims or ather matters, (a) created, suftersed, assumcd or agreed tv by the msured claimant; (b) not knawn to the Campany, not fecarcled in the pubtic records at Date of Po(icy, but known to the insured c(aimant and nat disclosed mt+mting to the Company by the insured claimant prior to the date the insured claimant became art msured under this policy. (c) resulting in no loss or damage to the insured ctaimant, (d) attaching or created subsequont to Daie of Poticy. (e) resutting in ioss or darnage which would not have been sustained if the insured claimant had paid value ior the estate or interest insured by this policy, SCHEDULE B GENERAL EXCEPTIONS SCHEDULE B GENERAI EXCEPTIONS APPEARING tN ALTA OWNER'S POLICY AND WASHINGTON STANDARO LOAN POLICY - STANDARD COVERAGE 1, Encraaohments arquestions ofi location, boundanr and area, which an accurate survey may disclose. 2. Public or private essements, streets, roads, alleys or highways, unless disclosed of record Iy recorded plat or conveyance, or decree of a court of record. 3. Rights or ctaims of persons in possession, or claiming to be in passession, not disclased by the public recorcis 4. Material or Iabar liens, or tiens under the 1+Vorkmen"s Compensation Aci not disclosed by the public records. 5 Water rights or matters relating thereta. 6. Any servcce. instaltation or constructien charges for sewer, water, etectricity, or garbage removal. 7 Mimng claims, reservations or exceptions in Patants or in Acts authorizing the issuance thereaf. 8. General taxes not now payable; matters relating to special assessments and speciat levies, it any, precedmg the same beCOming a lien. 9, Right of use, cantrol or regulation by the Unrted States oi Americg, in the exert;lse of pownrs avgr navigatian 10. Any prohibihon ol or Iimitation of the use, occupancy or improvement of the land rssulting lrom the rights of the public ar riparian owners to use any partion which is now or has been formerly covered by water SCHEDULE B GENERAL EXCEPTIONS APPEARING IN A'LTA OWNER'S POLICY • EXTENDED COVERAGE 1. Underground easements, se-otudes or installations of uuhich no natice rs of record 2. Water rights or matters nelating thereta 3 Minfng clafms, resQrvations or exceptions in Patents or in Acts authorizing the issuance thereof. 4. Right of use, controt or rsgulation by the United States Af America m the exercise ot pAwers oWer nawgatian 5 General taxes not now payable; matters relating to spectal assessments and specral levies, ff any. preceding the same becammg a lien B 1004-96 i HOME OFFICE NORTHWESTJDIVISION 4870'Amad01 PJpui Rond i . Dublin, CA 94888~2930 . (416)'~-Q301 H88dQU8rI8f5 1200 dlh'A%Thud,Snotde I~ (?OB)~r28•4660 ~ ~ BenlorrFranNlin Counttea ~52tt W CIen~4ialerA` venu . °(Sd9)-793.Q6. , FORi i Kennwick . Chelan•bouglas,Caunttes T*ITLE- 209'N; MCss igmStreet;!Nanutatiee (508) 6G2•4721, I,NS-,,U-'RAN~C~~E ' Gark;Ccunty ~ 26d E;Mf11!Plnin;Bo1J1 evar''d,V;ineou+rer ' (zo~iass~,r~ti~ Issued„By - Trangamerica TK19 b°un'y - WorlhwestAgency OpeFr-aUons 3aa t081h {i~enuo~fl~~:; sallovup nsurance Co r~~ pany ~ f206?4 31 -730'i r' ' Kitsap County ' 6g19~,Levin liQab'N W, Sllverdal0 ` • ' (203) 892-5558' Norihwesk0vislon Pef*,, f ~acA \ - / ,OkanogemCounly 'Sixlh Avanug arUniv,eisity &ireet Seatlle, YJa'sliin tbn;98101 7d00knrti0 6i~ve, Omak 1509)a?2-3490 (208)828 465U, Ple~ce Ceunty 950 Pt(crPic Avanue '[acofia f,206J.572:3686 • Snohomish Counfy, ?939Cn(V~ylt~nuu, Everefl l{208~ 2S~ t188 Spokene County NorlN 720 Argonne Rbad. Spokane (509) 422•2M - , • Thurston Courily 2$25'4nilt~jrtd0y,'0 ' mpi'n (20r19,49~4~15~ TITLE AGENTS e Clallam • Cowiilz • JeHarsnn r. Lewl's 9 PacIIIC •-Yekima FR0M ANGI. D I aT NOk`i l=HS'T 'T'Cl 5R 640 PLAT BOUNDARY 9/ 1 9/90 AUTO IhIVCFiSE STAR1' 1000p 00000 1000.00000 1 1 IMV hl 0 12•14„ 0 C 123'. 1.9.00 1123,. 10922 1000p 43809 2 2 ThiV N 89 4' @3N 0 E 3010 3200 1124.24429 13010 75575 3 ,3 XNV S, 0 12 38.0 W 123e 1b00 1001. 0t3512 1301,. 30335 4 4 x tVV S 8'9 47 42.0 W 301. 3000 1000. 0079.0 1000.00528 5 LAT R UEFi -0a 0071@ -O,tl 0d5?8 5 HCI...IIaE S 36 39 53.3 W 0.0088 1000 e 00000 1000. 00'000 1 ,F►REC TO 95958 A•rea =37100. 0,8 sq ft 0.85170 ac F'R01I AMGLE DIST NORTH GAST TO BLU4:K SxnEi_IhIE START 1:123. 10922 1000.43809 2 FFipM AhICyLL' DIST hIORTH FAST TO BLOCf'. S I DEL x NE AUTO INVERSE SSITAhT i000e 01883 1004. 9t99'36- ? 7 I'MV hl 0 12 14.,0 E 123.1100 112.3.12806 1005.43805 6 b xMV hl 89 47 03e 0 E 286.3200 1124.20662 3291 « 756A2 S 6 X WV S 0 12 38.0 W 123: 1 600 1001. 04745 1291.30342 9 9 IMV S 89 47 42b 0 W E~86i~3000 1000e 02309 1005tl 00526 10 LAT R DEF' -0. 00426 -@» 00523 10 NCLQSE S 51 10 17.r0 W 0.0068 1000. 0188.3 a.004o 99996 7 F'f:EC = 9. TCl '9.2052? A•rea = 35253.56 sy ft 0.80931 ac , 'IN~~ PUBLIC WORKS DEPARTMENT i , OFFICE OF ~ COUNTY ENGINEER 4S, 7' f~6 •~~~~r ' ~"'l: ~t~,, • ; , ~ ~ia~~ . RONALO C. HOAMANN, P.E. : ty~ ;1;~, ~c~ ,,~',~;'•;~~A _ COUNTY ENGINEER SPOKAN E, WASH I NGTON 99260-0170 s~-•.e. G,c cc ticu5t P R I OR I T Y FEE AGREEMEN T i A9reement Number This aqreement between Spokane County and f- NI Hq;~ T , whose interest in the project is __C:;wNF- 2 , is entered into this 0-1-2 day of SEp7e~&,A Bc- z , 19 5~1c,, . This agreement is applicable to the project known as: 'Srk&.ar- FLAT- G+v P 9c.~ , That the indfviduals and parties named herein as having an interest in the above described pZOperty ot project agree to the following: _ 1. They request that priority review be given to their project. 2. They aqree ta reimburse Spokane County for project review fees as specified in Board of County Commissioner's Resolution 80- 1592 attachment C, as amended. The fees will be based on overtime costs incurred by Spokane County for pro3ect reviews plus a ten percent administrative charge, and will be billed monthly as accrued. 3. The undersigned aya-ees that these fees are due and payable upon receipt of the billing as specified above. The monthly billinq should be sent to the attention of: f-0• 6J,t-41A2.i 3 2-2 c. Q?Ac-,HE 4VIS !55;41n-~ 1->EGC-- . C.40 9 Z 117 I understand that failure to pay these fees may result in delay in completion or approval o# the project or other possible sanctions. BY A&bjae Public Works Building / North 811 Jefferson Street / Spokane, Washington 99260-0170 (509) 456-3600 f ~ F. M. NIHART 7 4 6 ~ 3226 APACHE AVE 275-0904 J SAN DIEGO, CA 82117 ~ 19 16-411220 , , PAY 7D THE : I ORUfR OF /DD ~ • ~/O ` . • Dt A R S : 0 • ~ ECURI7Y PACIFIC NQTIONAL BANK ~ outh Clairemont Oflice fi0o28 3Q91 Cta}remont Or. ~ San Diego, CA 92117 ~ . AlEMO ~ 12 2 000 4 311:0 ? 4 6ss,4 28el,0 49 L- L5 li' - AW s.vm ~urr r 7 19 90 No. - ~ 0 ECEIPT Date~ ~ R ~ Received From • ; o Address ~ ~ ~ o ~ • flollo rs $ ° _ •,y'~•'":,. ,,t~►a . • ~ ~ cc I Fo r ~~-K- - • ~ , n - - HOW PAID a N ACCOUNT . . • AtiA: Of CASri ~ /1SCO.IN1 Ab1T PAl(2 CNECK ~ e p ~ MONf Y vy PAiANCF pRafR ~ L~yt j , t ! ~ i ' - i V . • _ u,i '~`i'~li, _ _ IN] - , , - . -°`j , i " ~ PUNNIN'G DEPARTflAENT BROAOWAr CENTRE BllllOiNG N. 721 1EiFEpSON STREET - PMONE 456-2205 . • - SPOKANE, WASMINGTON 99260 ' ' , . . „ . ' - SPOKANC COtlhf• COUQT MOUSC TO: County Engineer County Utilities County Health District County Building & Safety Fernell Nihart, 108 N'. Walnut Rd., Spokane WA 99206 . Charles E. 3impson, N. ,9(}9 ,Argonne Rd..,Spokane, WA 99212 FROM. ohn W. Harrington, PIanner II DATE: July 26, 1990 , RE: SP-640-90 Findings-of Fact Conclusions and Decision July 20, 1990, Attached is a copy of the above-referenced Findings which were reoently mailed to you -wich a minor cornecrion as iniaaled, in Counry Enginees's Condition No. 15. Please'let-this ° serve as the official copy. ; °Sorry for any inconvenience this may have caused. mo c: file Aaa6ment . BEFORE THE SPOKANE COUNTY PLANNING DEPARTMENT IN THE MATTER OF ) FINDINGS OF FACT, SHORT PLAT NO. SP-640-90 ) CONCLUSIONS AND DECISION THIS MATTER, an application for subdivision of land, from Ferrell Nihart has been recei,v,ed and decided upon, pursuant to Spokane County Subdivision regulatians, on the ~ 0~ day of July, 1990. FINDINGS OF FACT AND CONCLUSIONS 1. Tbe individual signing below has further been properly delegated the responsibility for rendering the decision by the Spokane County Director of Planning. 2. The proposal is to divide .85 acres into 21ots for the development of one additional single family homesite. 3. The proposal is located between Walnuc Road and Herald Road approximately 300 feet north of Sprague Avenue. 4. The current zoning of the propercy is Two Family Residential (R-2). The proposed lot sizes, frontage and intended uses ar+e allowed within this zone. 5. The Spokane Counry Comprehensive Plan designates this area as Urban and Major Commercial. The development and uses proposcd are generally in accord with the Urban category/de si gn ati on . 6. The Spokane County Arterial Road Plan designates Herald Road as a Collectar Arterial with a planned right of way width of 70 feet. 7. The required public norice was provided for this proposal and agencies having a potential interest in the project were notified and recommendations solicited. 8. No oae in the area commented on the proposal. 9. Recognizing the recomranendcd conditions and Spokane County development standards, the proposed subdivision makes appropriate provisiorts for the public health, safety and general welfane and that the public use and interest wiU be served by platting the subdivision. 10. The project is exempt from environmental review under the State Environmental Policy Act pursuant to WAC 197-11-800 (6) (a). DECISION Based upon the above noted Findings of Fact and Conclusions, Short Plat Application SP-644-90 is hereby APPROVED undl August 1, 1993, subject to condidons noted below. Most of the conditions of approval shall be accomplished by the applicant and/or sponsor prior to finalizadon of the short subdivision. This decision is final unless appealed in writing, consistent with adopted appeal procedures. These Conditions of Approval apply to applicant(s), owner(s) of the property, heirs, assigns or any successors-in-interest to property. PLANNING DEPARTMENT CONDITIONS 1. The preliminary plat of record approval is for the property legally described in the application for this proposal. 2. The final plat shall be designed substantially in conformance with the preliminary plat of record as legally described and adverased. No increase of density or lot number shall occur without a new applicadon submittal and approval. 3. The Spokane County Planning Director/designee shall review any proposed final plat to ensure compliance with these Findings arid Condiaons of Approval. FILE NUMBER SP-640-90 2 4. The preliminary plat is given condidonal approval for three (3) years, specifically to August l, 1993. 1'he applicant may request an extension of time by submitting a written request approximately forty-five (45) days prior to the above expiradon date. 5. A final plat number shall be indicated before the final plat is filed, such number to be approved by the County Planning Director/designee. 6. Appropriate road name(s) shall be indicated. 7. Appropriate utiliry easements shall be indicated on copies of the proposed final plat. Written appmval of utility easements by appropriate utility companies must be received with the subnuttal of the final plaL 8. Thme (3) current certificates of atle shall be furnished the County Planning Department prior to filing the final plat 9. 1'he following statement shall be placed in the final plat dedication: "No more than one (1) dwelling structure shall be placed on any lot, nor shall any lot be further subdivided for the purpose of creating additional lots, ownerships or building sites without first filing and receiving approval of a replat." 10. The final plat map shall indicate by a clear dashed line the required yard setbacks from all private, "Tract X" or public roads. The dedicadon shaU contain the following statement that; "Side yani and rear yard setbacks shall be deternzi.ned at the time build.ing permits are requested. The setbacks indicated on this plat may be varied from if propex zoning approvals are obtained." 11. No water plan is reyuired and a simple tap is needed at the time of building permit release. 12. A survey is required prior to the filing of a final plat. 13. Spokaue County Planning Deparnnent is required to record with the County Auditor a "Title Notice," as prepared and signed by the applicant, for a future acquisition area for road right-of-way and utilides to run with the tand, and the future acquisition area reservation shall not be removed without prior approval by the Spokane County Planning Department. Nodce shall be recorded prior to the issuance of a building pernut and sha11 provide the following: a. Five feet of future acquisidon area for road right-of-way and uciliaes, in addiaon to the existing right-of-way dedicadon required by the County Engineer, along Herald Road. b. Building and other setbacks required by the Spokane Counry Zoning Code shall be measured 25 feet firom the western edge of the Future Acquisition Area that is reserved for road right-of-way and udlities along Herald Road. c. The five foot Future Acquisidon Area, until acquired by Spokane County, shall be private property and may be used as allowed in the zone, except any improvements (such as landscaping, parking, surface drainage, drainfields, signs or others) shall be considered "intenm" uses. The property owner shall be responsible for relocadng such "interim" improvements at the time Spokane County makes roadway improvements after acquiring said Future Acquisition Anea. d. This "Tide Notice" shall be signed by the applicant to serve as o~'icial nodce and acknowledgement of said Futurc Acquisition Area for road right-of-way and utilities. COUNTY ENGINEER'S DEPARTMENT CONDITIONS 1. The cond.idonal 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. 2. Individual driveway access permits are required prior to issuance of a building pe,mit for driveway approaches to the county road system. 3. Dedicaaon of ten feet of additional right-of-way along Herald Road is required. ~ FILE NUMBER SP-640-90 3 4. Dedication of five feet of addidonal right-of-way along Walnut Road is required. 5. Exisang county roads providing direct access to the plat shall be paved andlor curbed to Spokane County standards. 6. Sidewalks are required along the arterial(s) on Herald Road. 7. The word "applicant" shall include the owner or owners of the property, his heirs, assigns and successors. 8. To construct the road improvements stated herein, the applicant may, with the approval of the County Engineer, join in and be a willing participant in any petiaon or resoludon which purpose is the forcnation of a Road Improvement Distnct (RID) for said improvements, pursuant to RCW 36.88, as amended. At such dme as an RID is created or any Road Improvement Project is sanctioned by Spokane County, the improvements required (curb, sidewalk, crainage control and paving to existing pavement) will be at the sole expense of the undersigned owner(s), their heirs, grantees and assigns. 9. As an alternative method of consavcting the road improvements stated herein, the applicant may, with the approval of the County Engineer, accomplish the road improvements stated herein by joining and participadng in a County Road Project (CRP) to the extent of the required mad improvements. At such tirne as an RID is created or any Road Improvernent Project is sancdoned by Spokane County, the improvements required (curb, sidewalk, drainage control and paving to existing pavement) will be at the sole expense of the undersigned owner(s), their heirs, grantees and assigns. 10. The following statement be placed in the plat dedication: "The owner(s) or successor(s) in interest agree to authorize the Counry to place their name(s) on a petition for the formation of a Road Improvement District (RID) by the petition method pursuant to Chapter 36.88 RCW, which petition includes the owner(s)' property, and further not to object, by the signing of a ballot, to the formadon of an RID by the resoiuaon method pursuant to Chapter 36.88 RCVV, which resoludon includes the owner(s)' property. If aci RID is formed by either the petition or resolution method as provided for in Chapter 36.88 RCW, the owner(s) or successor(s) further agree: (a) that the improvement(s) or conswction contemplated within the proposed RID is feasible; (b) that the benefits to be derived froai the formadon of the RID by the property included therein, together with the amount of any County participaeon, exceed the cost and expense of fonnation of the RID; and . (c) that the property within the proposed RID is sufficiendy developed. Provided further that the owaer(s) or successor(s) shall retain the right, as authorized under RCW 36.88.090, to object to any assessment(s) on the property as a result of the improvements called for in conjunction with the formation of an RID by either petition or resoludon method under Chapter 36.88 RCW, and to appeal to the Superior Court the decision of the Board of Couaty Commissioners affuming the final assessment roll. 11. It is further agreed that at such dme as an RID is created or any Road Improvement Project is sancdoned by Spokane Counry, the improvements required (curb, sidewallc, drainage control and paving) will be at the sole expense of the undersigned owner(s), their heirs, grantees and assigns without participation by Spokane County. The RID waiver contained in this agreement shall expire after ten (10) years from the date of execudon below. However, the owner(s) or successor(s) agree that if said RID waiver expires without construction of the requir+ed improvements, the owner(s) or successor(s) agnee to construct the requined improvements at their own expense, pay to Spokane County the then estimated cost of the required improvements to enable the County to complete the same, or furnish a bond or other secure method suitable to the County (which may include the execution of another RID waiver agreement) provid.ing for or securing to the County the actual consvuction of the improvements. All of the requirements of this agreecnent shall run with the land and shall be binding upon the owner(s), their successor(s) or assign(s). 12. The County Engineer has designated Typical Roadway Section Number Two, Collector Arterial standard for the improvement of Herald Road , which is adjacent to the proposed development. This wiU requine the addiaon of approximately ten feet of asphalt along the frontage of the development. The construction of curbing and sidewalk is also required. ~ FII.E NUMBER SP-640-90 4 13. The County Engiaeer has designated Typical Roadway Secaon Number Two, Local Access standard for the improvemeat of Walnut Road, which is adjacent to the proposed development, This will require the addidon of approximately nine feet of asphalt along the frontage of the development. The construction of curbing ' is also required. 7LW 14. The proposed plat shall be unproved to the standards set forth in Spokane County Board of Comnaissioners Resolution No. 80-1592, as amended, which resolution establishes reguladons for roads, approaches, drainage and fees in new construction. 15. The County Engineer has examined this development proposal and has detemained that the impact of this proposal upon the exisdng county road system warrants the dedication of additional right-of-way and the roadway improvements herein specified. 16. The Counry Arterial Road Plan identifies Herald Road as a Collector arterial. The existing right-of-way width of 40 feet is not consistent with that specified in the Plan. In order to implement the Arterial Road Plan, in addition to the requireci right-of-way dedicaaon, a strip of property five feet in width along the Herald Road frontage shall be set aside in reserve. This property m,ay be acquired by Spokane County at the time when arterial impr+ovements are made to Herald Road. CUUNTY HEALTH DISTRICT CONDITIONS 1. Appropriate udlity easements shall be indicated on copies of the preliminary plat of r+ecord for d.istribution by the Planning Department to the utility companies, Spokane County Engineer and the Spokane County Heatth I?istrict. Written approval of the easements by the utility companies must be received prior to the submittal of the final plat. 2. Sewage disposal method shall be as authorized by the Director of UWities, Spokane County. 3. Water serrvice shall be coordinated through the Direccor of Udlities, Spokane County). 4. Water service shall be by an existing public water supply when approved by the Regional Engineer (Spokane), State Deparmnent of Health. 5. Prior to filing the final plat, che sponsor shall present evidence that the plat lies within the recorded service area of the water systeni proposed to serve the plat. 6. 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 shaU not be authorized. 7. A statement shall be plaoed in the dedication to the effect that: "A public sewer system will be madc available for the plat and individual service will be provided to each lot prior to sale. Use of individual on-site sewage system shall not be authorized." 8. The dedicatory language on the plac shall scate: "Use of private wells and water systems is prohibited." 9. The plat dedication will contain a statement to the effect that: "The public water system, as approved by County and state health authorities and the local fire district and purveyor, will be installed within this plat, and the subdivider will provide for individual domesdc water service, as well as fire protection, to each loVrract prior to sale of each lotltracL" COUNTY UTILTI`IES DEPARTMENT CONDITInNS 1. Applicant will make connecdon to public sewer system. Sewer connecaon peimit is required. , Approved the ;,"I~ ~ 1`day of July, 1990. . HN W. HARRINGT , JR. Planner II . • , - FILE NUMBER SP-640-90 5 Under State' Law and County Oniinance, you -tiave the, right ~to~ appeal this decision, to the Spokane County Hearing,Examiner Comtnittee. Upon receipt of an appeal; a public.hearing will_ be;scheduled. If you desire to file"such an-appeal, you must submit-a letter along with $100 processing`fee, payable to the Spokane,County Treasuter, within ten (10),calendar days ~ from' the d.ate ttiis decision is signed. If you, have any questions, please call the Planning Department at 456=2205. pc: County Engineer County Udlities County Health District ' County Building, & Safety Feriell Nihait, 108 N. Walnut'Rd:,,Spokane; WA. 99206 Charles E. Simpson, N. 909 Argonne Rd., Spokane, WA. 99212 File . ~ ✓ c r~►~►xs~ oN P~ BEFORE THE SPOKANE COUNTY PLANNIlYG DEPARTMENT IN THE MATTER OF ) FINDINGS OF FACT, SHORT PLAT NO. SP-640-90 ) CONCLUSIONS AND DECISION THIS MATTER, an application for subdivision of land, from Fernell Nihart has been recei ,ed and decided upon, pursuant to Spokane County Subdivision regulations, on the . ~,aay of July, 1990. FINDINGS OF FACT AND CONCLUSIONS 1. The individual signing below has further been properly delegated the responsibility for rendering the decision by the Spokane County Directar of Planning. 2. The proposal is to divide .85 acres into 21ots for the development of one add.itional single family homesite. 3. The proposal is located between Walnut Road and Herald Road approximately 300 feet north of Sprague Avenue. 4. The current zoning of the property is Two Family Residendal (R-2). The proposed lot sizes, frontage and intended uses are allowed within this zone. 5. The Spokane County Comprehensive Plan designates this area as Urban and Major Commercial. The development and uses proposed are generally in accord with the Urban category/designadon. 6. The Spokane County Arterial Road Plan designates Herald Road as a Collector Arterial with a planned right of way width of 70 feet. 7. The required public notice was pmvided for this proposal and agencies having a potendal interest in the project were notified and recommendaaons solicited. 8. No one in the area oommented on the proposal. 9. Recognizing the recommended conditions and Spokane Counry development standards, the proposed subdivision makes appropriate provisions for the public health, safety and general welfare and that the public use and interest will be served by platting the subdivision. 10. The pmject is exempt from environmental review under the State Environmental Policy Act pursuant to WAC 197-11-800 (6) (a). DECISION Based upon the above noted Find.ings of Fact and Conclusions, Short Plat Application SP-640-90 is hereby APPROVED until August 1, 1993, subject to condidons noted below. Most of the condidons of approval shall be accomplished by the applicant and/or sponsor prior to finalization of the short subdivision. This decision is final unless appealed in writing, consistent with adopted appeal procedures. These Conditions of Approval apply tn applicant(s), owner(s) of the property, heirs, assigns or any successors-in-interest to property. PLANNING DEPARTMENT CONDITIONS 1. The preliminary plat of record approval is for the property legally described in the applicadon for this proposal. 2. The final plat shall be designed substanually in conformance with the preliminary plat of record as legally described and adverdsed. No increase of density or lot number shall occur without a new application submittal and approval. 3. The Spokane County Planning Director/designee shall review any proposed final plat to ensure compliance with these Findings and Condirions of Approval. . ► FILE NUMBER SP-640-90 2 4. The preliminary plat is given conditional approval for three (3) years, specifically to August 1, 1993. The applicant may request an extension of dme by submitting a written request approxirnately forty-five (45) days prior to the above expiration date. 5. A final plat number shall be indicated before the final plat is filed, such number to be approved by the County Planning Director/designee. 6. Appropriate road name(s) shall be indicated. 7. Appr+opriate utility easements shall be indicated on copies of the proposed final plaL Wntten approval of utility easements by appropriate uality companies must be received with the submittal of the final plaL 8. Three (3) current certificates of atle shall be furnished the County Planning Deparnnent prior to filing the final p1aG 9. The following statement shall be placed in the final plat dedicadon: "No more than one (1) dwelling scructure shall be placed on any lot, nor shall any lot be further subdivided for the purpose of creating additional lots, ownerships or building sites without first filing and receiving approval of a replat." 10. The final plat map shall indicate by a clear dashed line the required yard setbacks from all private, "Tract X" or public roads. The dedication shall contain the following statement that: "Side yard and rear yard setbacks shall be determined at the time building peralits are requested. The setbacks indicated on this plat may be varied frorn if proper zoning approvals arc obtained." 11. No water plan is required and a simple tap is needed at the time of building permit release. 12. A survey is required prior to the filing of a final plat. 13. Spokane County Planning Depanment is required to recond with the County Auditor a "Title Nodce," as prepared and signed by the applicant, for a future acquisition area for road right-of•way and utilities to run with the land, and the future acquisition area reservation shall not be removed without prior approval by the Spokane Counry Planni.ag Department. Notice shall be recorded prior to the issuance of a building pernnit and shall provide the following. a. Five feet of future acquisition area for road right-of-way and udlides, in addiaon to the existing right-of-way dedication required by the County Engineer, along Herald Road. b. Building and other setbacks required by the Spokane Counry Zoning Code shall be measured 25 feet from the western edge of the Future Acquisition Area that is reserved for road right-of-way and utilities along Herald Road. c. The five foot Future Acquisition Area, undl acquired by Spokane County, shall be private property and may be used as allowed in the zone, except any improvements (such as landscaping, parldng, surface drainage, drainfields, signs or others) shall be considered "intenm" uses. The pnoperty owaer shall be responsible for relocating such "interim" improvements at the time Spokane County makes roadway improvements after acquiring said Future Acquisition Area. d. This "Title Notice" shall be signed by the applicant to serve as official nodce and acknowledgement of said Future Acquisition Area for road right-of-way and udlities. COUNTY ENGINEER'S DEPARTMENT CONDITIONS 1. The cond.idonal approval of the plat is given by the County Engineer subject to ded.ication of righc-of-way and approval of the road system as indicated in the preliminary plat of record. 2. Individual driveway access permits are required prior to issuance of a building permit for driveway approaches to the county road system. 3. Dedicadon of ten feet of additional right-of-way along Hera.ld Road is required. . ~ FILE NUMBER SP-640-90 3 4. Dedication of five feet of additional right-of-way along Walnut Road is required. 5. Existing county mads providing d.irect access to the plat shall be paved and/or curbed to Spokane Counry standards. 6. Sidewallcs are required along the arterial(s) on Herald Road. 7. The word "applicant" shall include the owner or owners of the property, his heirs, assigns and successors. 8. To construct the road improvements statcd herein, the applicant may, with the approval of the County Engineer, join in and be a willing participant in any petidon or resolution which purpose is the fornmtion of a Road Improvement District (RID) for said improvements, pursuant to RCW 36.88, as amended. At such time as an RID is created or any Road Improvement Project is sancdoned by Spokane County, the improvements required (curb, sidewalk, drainage control and paving to existing pavement) wiU be at the sole expense of the undersigned owner(s), their beirs, grantees and assigns. 9. As an altemative method of constructing the rnad improvements stated herein, the applicanc rriay, with the approval of the County Engineer, accomplish the road improvements stated herein by joining and participating in a County Road Project (CRP) to the extent of the required road improvements. At such time as an RID is created or any Road Improvement Project is sancdoned by Spokane County, the improvements required (curb, sidewalk, drainage conarol and paving to exisdng pavement) will be at the sole expense of tfie undersigned owner(s), their heirs, grantees and assigns. 10. The following statement be placed in the plat dedicadon: "The owner(s) or successor(s) in interest agree to authorize the County to place their name(s) on a pedtion for the formatioa of a Road Improvement Disarict (RID) by the petition method pursuant to Chapter 36.88 RCW, which petition includes tbe owner(s)' property, and further not to object, by the signing of a ballot, to the formation of an RID by the resolution method pursuant to Chapter 36.88 RCW, which resoludon includes the owner(s)' property. If an RID is formed by either the peddon or resolution method as provided for in Chapter 36.88 RCW, the owner(s) or successor(s) further agree: (a) that the improvement(s) or conswction contemplated within the proposed RID is feasible; (b) that the benefits tro be derived from the formation of the RID by the property included therein, together with the amount of any County participation, exceed the cost and expense of fomaadon of the RID; and (c) that the propeny within the proposed RID is sufficiently developed. Provided further that the owner(s) ar successor(s) shall retain the right, as authorized under RCW 36.88.090, to object to any assessment(s) on the property as a result of the improvements called for in conjunction with the formadon of an RID by either petition or resoludon method under Chapter 36.88 RCW, and to appeal to the Superior Court the decision of the Board of Counry Commissioners affirming the final assessment ro11. 11. It is further agreed that at such ame as an RID is created or any Road Improvement Project is sanctioned by Spokane County, the improvements required (curb, sidewalk, drainage control and paving) will be at the soie expense of the undersigned owner(s), their heirs, grantees and assigns without participation by Spokane County. The RID waiver contained in this agr+eement shall expire after ten (10) years from the date of execution below. However, the owner(s) or successor(s) agree that if said RID waiver expires without construction of the rcquired improvements, the owner(s) or successor(s) agree to construct the required improvements at their own expense, pay to Spokane Counry the then estimated cost of the required improvements to enable the County to complete the same, or furnish a bond or other secure method suitable to the County (which may include the execuaon of another RID waiver agreement) providing for or seciuing to the County the actual conswction of the improvements. All of the requirements of this agreement shall run with the land and shall be binding upon the owner(s), their successor(s) or assign(s). 12. The County Engineer has designated Typical Roadway Secdon Number Two, Collector Arterial standard for the improvement of Herald Road, which is adjacent to the proposed development. This will require the addition of approximately ten feet of asphalt along the frontage of the development. The construction of curbing and sidewallc is also required. . FII.E NUMBER SP-640-90 4 13. The County Engineer has designated Typical Roadway Section Number Two, Local Access standard for the improvement of Walnut Road, which is adjacent to the proposed developmenL This will require the addition of approximately nine feet of asphalt along the frontage of the development. The construction of curbing is also required. 14. The proposed plat shall be improved to the standards set forth in Spokane County Board of Commissioners Resoludon No. 80-1592, as amended, which resoludon establishes regulaaons for roads, approaches, drainage and fees in new construction. 15. The County Engineer has exacnined this development proposal and has determined that the impact of this proposal upon the existing county road system warrants the dedicadon of additional right-of-way and the roa,dway improvements herein specified. 16. The County Arterial Road Plan identifies Herald Road as a Collector arterial. The existing right-of-way width of 40 feet is not consistent with that specified in the Plan. In onder to implement the Arterial Road Plan, in addition to the required right-of-way dedicadon, a strip of property five feet in width along the Herald Road frontage shall be set aside in reserve. This property may be acquired by Spokane County at the time when arterial improvements aire made to Herald Road. COUNTY HEALTH DISTRICT CONDITIONS 1. Appropriate utility easeaients shall be indicated on copies of the prelinlinary plat of reconl for distribudon by the Planning Deparament to the utility companies, Spokane County Engineer and the Spokane County Health District. Written approval of the easements by the utility companies must be received prior to the submittal of the final plat. 2. Sewage d.isposal method shall be as authorized by the Director of Utilides, Spokane County. 3. Water service shall be coordinated through the Director of Udlities, Spokane County). 4. Water service shall be by an existing public water supply when appmved by the Regional Engineer (Spokane), State Department of Health. 5. Prior to filing the final plat, the sponsor shall present evidence that the ptat lies within the m,eonded service area of the water system propvsed to serve the plat. 6. A public sewer system will be made available for the pladproject, and individual service will be provided to each lothract prior to sale. Use of individual on-site sewage disposal systems shall not be authorized. 7. A statement shall be placed in the dedicaaon to the effect that: "A public sewer system will be made available for the plat and individual service will be provided to each lot prior to sale. Use of individual oo-site sewage system shall not be authorized." 8. The dedicatory language on the plat shall state: "Use of private wells and water systems is prohibited." 9. The plat dedicadon will contain a statement to the effect that: "The public water syscem, as approved by Counry and state health authorities and the local fire district and purveyor, will be installed within this plat, and the subdivider will provide for individual domestic water service, as well as fire protection, to each loVtract prior to sale of each lot/tracL" COUNTY UTILITIES DEPARTMENT CONDITIONS 1. Applicant will make conncction to public sewer system. Sewer connecrion pennit is required. Approved the day of July, 1990. 44 . ;IHN W. HARRINGTC~ , JR. Planner II , • FILE NUMBER SP-640-90 5 Under State Law and County Ordinance, you have the right to appeal this decision to the Spokane County Hearing Examiner Committee. Upon receipt of an appeal, a public hearing will be scheduled. If you desire to file such an appeal, you must submit a letter along with $100 processing fee, payable to the Spokane County Treasurer, within ten (10) calendar days from the date this decision is signed. If you have any questions, please call the Planning Department at 456-2205. pc: Counry Engineer County Utilities County Health District County Building & Safety Feirell Nihart,108 N. Walnut Rd., Spokane, WA. 99206 Charles E. Simpson, N. 909 Argonne Rd., Spokane, WA. 99212 File . ~ aFFICE OF THE COUNTY ENGINEER SPOKANE COUNTY, WASHINGTON June 27, 1990 T0: Spokane County Planning Department (Current Planning Administrator) FROM: Spokane County Engineers Department SUBJ: Road Conditions for Plat, Name Nihart Number SP 640-90 re: Subdivisions The following "Conditions of Approval" for the above referenced subdivision are submitted to the Spokane County Planning Depattment foz inclusion in its "Findings and Order" should the short plat be approved. E 1 That conditional approval of the plat by the County Engineer is given subject to dedication of Right-of-Way and approval of the road system as indicated in the preliminary plat of record. E12 The applicant should be advised that individual dziveway access permits are required prior to issuance of a building permit for driveway approaches to the County road system. E13 Dedication of 10 ft. uf additional Right-of-Way along Herald Road E13 Dedication of 5 ft. of additional Right-of-Way along Walnut Road. E16 Existing County roads providing direct access to the plat shall be paved and/or curbed to Spokane County standards. E18 That sidewalks are required along the arterial on Herald Road. E19 The woZd "applicant" shalt include the owner or owners of the property, his heirs, assigns arld successors. . + pdge 2 E20 To construct the road improvemEnts statPd herein, the applicant may, with the approval of the County Engineer, join in and be a willinq participant in any petition or resolution rrhich purposes is the formation of a Road Improvement District (RID) for saxd improvements pursuant to RCW 36.88, as amended. At such time as an RID is created or any Road Improvement Project is sanctioned by Spokane County, the improvements required (curb, sidewalk, dzainage control and paving to existing pavement) will be at the sole expense of the undersigned owner, their heirs, grantees and " assigns. EZl As an alternative method of constructing the road improvement stated hezein, the applicant may, with the approval of the County Engineer, accomplish the road improvements stated herein by Joining and participating in a County Road Project (CRP) to the extent of the rPquired road improvement. At such time as an RID is created or any Road Improvement Project is sanctioned by Spokane County, the improvements required (curb, sidewalk, drainage control and paving to existing pavement) will be at the sole expense of the undersigned owner, their heirs, grantees and assigns. E22 That the followfng statement shall appear Within the dedicatory language of the final plat: The owner(s) or successor(s) in interest agree to authorizP Spokane County to place their name(s) on a petition for the formation of a Road Improvement District (RID) by the petition method pursuant to Chapter 36.88 RCW, which petition includes the owner(s) property, and further not to object, by the signing of a ballot, the formation o£ a RtD by the resalution method pursuant to Chapter 36.88 RC.W, which resolution includes the owner(s) property. If a RID is formed by either the petition or resolution method, as provided far in Chapter 36.88 RCW, the owner(s) or successor(s) further agree: (1) that the impravements or construction contemplated within the proposed RID is feasible, (2) That the benef i ts ta bP dPr ivPd From the formation af the RID by the property included therein, togetheX with the amount af any County participation, exceeds the tost dnd exLrense of format i ori uf the RID, and (3) that the property within the prnposed RID is sufficiently developed. Provided, further, the owner(s) or successor ( s) siia] 1 re tai ri the r ight, as author 3 zed under RCW 36.88.090, to object to any asses5ment(s) on thP prapprty as a resul t af the i mpr vvemPnts cal led f or i n conj unct i on wi th the formation of a RID by eittier petition or resolutinn rnc•thod iinder ('hapter 36.88 RCR, and to appeal to the Supetior Court the decision of the Board of County ~*oTt1(ril:;siorit-r:: af f i rming the f i na1 a,sesCment ro1 1. r ~~~g(- It is Further agreed that at such tirne as an RTD is cr ea ted ar any Raad I mpr orrente nt Pro j e ct i s sanct i oned by 5pokane Caunty, the improvements required (curb, sidewal.k, araina+ge control and paving) will be at the sole expense of the undersi.gned owner, ftheir heirs, grantees and assiqns without participata.on b,y Spokane County. 'Fhe RYD waiver contained 3n this agreement shall +expire a#ter ten (lU) years from the date of execution below. Hawever, the owner (s) or successor ( s) agree that i f sa id RI D wa ivez expires withvut canStruCt i on of the requi red improvements, the awner( s) ar successor(s) agree ta construct the required improvements at their own expense; pay to Spakane County the then estimated cost of the required improvements to enable the County to camplete the same; or furnish a bond or other secure rnethad suitable to the Counry (which may include the execution of another RID waiver agreement), provicling for or secuting ta the County the actual construction of the impzov+ements. Al1 of the requirements of this agreement shall zun Witn the land and shall be binding upon the owrrer(s), their SuCCe5S4I(5) or assign(s) . E24 The County Eng3neer has designated Typical Roadway Section Number Tvo, Collector Artezial standard for the impravement of Heral.d Road which is to be constructed adjacent ta the proposed development. This will require the installation of 14 ft. of asphait alang tlze frontage of the developrnent. The construction of curbing and sidewalk is also requited, E24 The Caunty Engineer has designated Typical Roadway Secti.on Number Twa. Local Access stanc3ard for the irnprovement of Wa1nut Road whicti zs adjacent to the proposed developrnent. Thas wilx requixe the additian of approximately 9 ft. of aspha].t alang the frontaqe of the develaprnent. The consL-ruction of curbing is alsa required. E32 TIip propv~ed plat shall be improved to the standards set forth in Spokane County Board of Gommissioners Resvlution No. 80-1597, as amPnded, which estab].i.shes zegulations for raads, approaches, drainaye and fees irr new construction. E33 The County Engineer has exdmined this development propt}sal and has deterrnined that the impacfi of thi--, proposal upon the exisi: ing Caunty Road System Warrants the der3 icat- i on of aciclii..ional Riytit of Way and the roadway improuements herein speci f ied . p a- ej 4 E61 The County Arter ial Road Plan ident if iPs Herald Rf~ad ar a Collector arterial. The existing right of way width of 40 ft. is not consistent with that specified in the Plan. In ozder to implement the Arterial Road Plan, a strip of property 5 ft. in Width alonq Herald Road frontaqe shall be set aside in reserve. This property may be acquired by Spokane County at the time when arterial improvements are made to Herald Road. Roadway Data: o Existing Right of Way Herald Road 90ft. Right of Way width after dedication - 50 ft. Width of improved Roadway 20 ft. Type of roadway surface Low Type Bituminious. Functional Classification------- Collector Arterial Existing Right of Way Walnut Road 90 ft. Right of Way width after dedication - 5 ft. Width of improved Roadway 18 ft. Type of Roadway surface LoW Type Bituminious Functional Classification------- Local Access a • OFFICE OF TI3E COUNTY ENGINEER SPOKANE COUNTY, WASHINGTON . June 27, 1990 T0: Spokane County Planning Department (Current Planning Administratar) FROM: Spokane County Enqineers Department SUBJ: Road Conditions foZ Plat, Name Nihart Number SP 640-90 re: Subdivisions The following "Conditions of Approval" for the above referenced subdivision are submitted to the Spokane County Planning Department for inclusion in its "Findings and Order" should the short plat be approved. E 1 That conditional approval of the plat by the County EngineeF is given subject to dedication of Right-of-Way and approval of the road system as indicated in the pre].iminary plat of record. E12 The applicant should be advised that individual driveway access permits are required prior to issuance of a building permit for driveway approaches to the County zoad system. E13 Dedication of 10 ft. of additional Right-of-Way alotlg Herald Road E13 Dedication of 5 ft. of additional Right-of-Way along Walnut Road. E16 Existing County roads providing direct access to the p13t shall be paved and/or curbed to Spokane County standards. E18 That sidewalks are required along the arterial on Herald Road. E19 The woYd "applicant" shall i.nclude the ownez or owners of the property, his heirs, as5igns and successors. pa9t' 2 E20 To construct the road improvements stated hPrein, the applicant may, with the approval of the County Engineer, join in and be a willing participant in any petition or resolution which purposes is the formation of a Road Improvement District (RID) for said improvements pursuant to RCW 36.88, as amended. At such time as an RID is created or any Road Improvement Project is sanctioned by Spokane County, the improvements required (curb, sidewalk, drainage control and paving to existing pavement) will be at the sole expense of the undersigned owner, their heirs, grantees and " assigns. E21 As an alternative method of constructing the road improvement stated herein, the applicant may, with the approval of the County Engineer, accomplish the road improvements stated herein by Joining and participating in a County Road Project (CRP) to the extent of the requized road improvement. At such time as an RID is created or any Road Improvement Project is sanctioned by Spokane County, the improvements required (curb, sideWalk, drainage control and paving to existing pavement) Will be at the sole expense of the undersigned oWner, their heirs, grantees and assigns. E22 That the following statement shall appear within the dedicatory language of the final plat: The owner(s) or successor(s) in interest agree to authorize Spokane County to place their name(s) on a petition for the formation of a Road Improvement Dfstrict (RID) by the petation method pursuant to Chapter 36.88 RCW, which petition includes the owner(s) property, and furtheZ not to object, by the signing of a ballot, ttie formation Af a RID by the resolution method pursuant to Ghapter 36.88 RCW, which resolution includes the owner(s) property. If a RID is formed by either the petition or resolution method, as provided for in Chapter 36.88 RCW, the owner(s) or successor(s) further agree: (1) that the improvements or construction contemplated within the proposed RID is feasible, (2) That the benefats to be derived from the formation of the RID by the property included therein, togetlier with the amount of any County partic:inai:ion, exceed5 the cost and expense of formation of the RID, and (3) that the property within the proposed RID is sufficiently developed. Provided, further, the oWner(s) or successor(s) shall zetain the rig}it, as authorized under RCW 3E.88.0901 to object to any assessment(s) oii l.hP propPrty as a result of t17e impruvemPnts called for in conjunction with the formatiun of a RID by eit}ier petition ur resolution method under Chr3[lt.el' 36.85 RCW, and Co appeal to the Superior Court the decision of the Board of County C`>>nmi..-.; ionPrn aff i rmi ng thF! f i nat asse..rment ro1 1. L~~ge 3 It is further agreed that at such time as an RID is created or any Road Improvement Project is sanctioned by Spokane County, the improvements required (curb, sidewalk, drainage control and paving) will be at the sole expense of the undersigned owner, their heirs, grantees and assigns without participation by Spokane County. The RID waiver contained in this agreement shall expire after ten (10) years from the date of execution below. However, the owner(s) or successor(s) agree that if said RID waiver expires without construction of the required improvements, the owner(s) or successor(s) agree to construct the required improvements at their own expense; pay to Spokane County the then estimated cost of the required improvements to enable the County to complete the same; or furnish a bond or other secure method suitable to the County (which may include the execution of another RID waivet agreement), providing for or securing to the County the actual construction of the improvements. All of the requirements of this agreement shall run With the land and shall be binding upon the owner(s), their successor(s) or assign(s). E24 The County Engineer has designated Typical Roadway Section Number Two, Collector Arterial standard for the improvement of Herald Road which is to be constructed adjacent to the pzoposed development. This will require the installation of 10 ft. of asphalt along the froiitage of the development. The construction of curbing and sidewalk is also required. E24 The County Engineer tlas designated Typical RoadWay Section Number Two* Local Access standard for the improvement of Walnut Road Whicfi is adjacent to ttie proposed development. This will require the addition of approximately 9 ft. of asphalt along the frontage of the development. The consl-ructinn af c,urbing i:; alsa required. E32 The proposec] plat shall be improved to the standards set forLh in Spokane County Board of Cornmissioners Resolution No. 80-1592, as amended, whieh establishes regulations for roads, approaches, c3rainage and fees in new construction. E33 The County Engineer has examined tt,is development proposal and has determined that the imp3ct of thi-, proposal upon the existing County Road System warrants the dedicat:on of ad(litional Riy}it oi Way and thP roadway improvements herein specified. ~~~a 1~• ~ E61 The County Arterial Road Plan identifies HFra1d Road a6 a Collector arterial. The existing right of way width of 40 ft. is not consistent with that specified in the Plan. In order to implement the Arterial Road Plan, a strip of property 5 ft. in width along Herald Road frontage shall be set aside in reserve. This property may be acquired by Spokane County at the tirne when arterial improvements are made to Herald Road. Roadway Data: • Existing Right of Way Herald Road 90ft. Right of Way width after dedication - 50 ft. Width of improved Roadway 20 ft. Type of roadway surface Low Tvpe Bituminious. Functional Classification------- Collector Arterial Existing Right of Way Walnut Road 90 ft. Right ot Way width after dedication - 5 ft. Width of improved Roadway 18 ft. Type of Roadway surface Low Type Bituminious Functional Classificatian------- Local Access EASYDTSP V1.01 - ROAD SEGMENT INFORMATION Road Nuntber : 520'8 - WALNUT RD Start MP: 00.12 Functi'ora Class,: Local Accesa Ending MP: 00.61 Rura?/Uxban: Urban Federal Route It: Pavement Shoulc3ers Ty,pe : Low Type Bituminous Type : Surfaced Width '(Feet) : 18 Left (Fpet) : 04 It of Lanes: 02 Right (Feet): 04 MedYans GenePal 7nformation Type : None Cugbs : +lone j+1idth ( Feet ) : Sidewalks : None 9F5 to T i.st Road Intersectionj. PF'15 to Enter new -Segment. PF16 Tu Entez new RQad. EASYI7I SP V1.01 - ROAI7 SEGMENT INI'ARMATION 'Roacl' Number 79 a- HERALD RD Start MP: 00.0'0 Furiction Class: Collector Endirig F2P : 00 .12 Rural/Urban : Urban rederal Route 4045 Pavement Shoulders Type: Low Type Bituminous Type: Sutfaced Width ( Feet ) 20 Le ft ( Feet ) : `0.2 # of f.,abe,s : 02 Pxi,gt7t (Feet ) : 04 Medians General Information 'I'ype : None Curbs : None Width (Feet): SidPwalks: None PF5 tn L-ist Raad Intersections. PF15 t_a Enter new Segment. PF16 To Enter new Road. S CURRENt & PROJECTED TRAF71C COUNTS Stat,io-n f# 4063 wERAL-D RRD NERALD RD RD 9 1794 NORTH RD # 1794 *y* SOUTH 07/29/86 - 638 CURREMT - 743 + 5 YRS - 905 + 15 YRS - 1,339 + 20 YRS - 1,629 SPRAGUE AVE SPRAGUE AVE RD 9 4538 EAST RD ff 4536 AES?' These counts are seasonaZly adjtzst-e,d by g,roup mean factars.. Projected courts ar"e calculated at 9~ per year. Press <Re"turn> to cont_i~nue. PF16 to Exit. GURRENT ~ PRO,JECTED 'PRAFFI C COUNTS Statxon 9 4078 HERALD RD HERALD RD RD 9 1799 NORTH RD # 1794 SOUT,K 09/13/,84 - 526 07/30/86 - 697 CURRENT - 660 CURRENT - 812 + 5 X,RS - 803 + 5 YRS - 987 + 15 YRS - l, 2-88 + 15 YRS - 1, 461 + 20 YR-S - 11446 •t- 20 YRS - 11778 BROADWA-X AVE BROADWAY AVE RD # 0,324 EAST RD # 0324 WEST These co,unts, are seasonally a'djust,ed by group mean factors. Projected count.- are calculated at 4% per year. Press <Return> to c.ontinue. P£15 to Ex-it. ~ ~ . ° 1"' ~ ~ ;I~~~.~'l♦i ~ ~"\'Z`~r' ~PLANNING DEPARTMENT .saY ' FNTqF Ri ~I ~ W- 721 ,FFFfpStlN gTNEC7 rpt,NF 456 22C5 f J ~ Vq` • ~ SPOralvE wa' NiNk.'O►. 99260 • Y~wANi`}u1^ tl.l 4fl NLiU9t RFCft ~ MEMORA~IDUM JUIV l t~ Tn: Spakane County County Eng'neer 1950 ~ Spokane County Utilides eQmr-Y zw"egq Spokane County Ilealch District Spokane County Department of Building & Safety Fire Pratection District #1 Modern Electric Water Co. FRODVi: Paul F. Jensen, Senior Planner DA'IE: June 15,1990 SUBJECT: Preliminary Short Plat Number SP-640-90 Attached is a copy of the application and proposed preliminary Short Plat map submitted by Ferrell Nihart for the subdivision of 1 acr+es into 21ots for single family residences. Please review this proposal and return your cammcncs and reeommendarians by June 29, 1990. If you have any questions regarding this file, you may contact John }iarrington at 456-2205. Please direct any written response to John Harrington. Thank yau for your prompt attention. kc Enclosures c: Ferrell Nihart, N. 108 Walnut Rd., Spakane, WA. 99201 ~ ~ ~ APPLICATION NUMBEFL 5p- (4ayo "TWO LOT ADMINISTRATIVE DIVISION" Application for Short Subdivision Approval C PART ONE (To bs eompletsd by appllcant) ~ "'Address of the site . PYa,/&Al~ A. Applicant's Name: 91- f~rree) Address: . ~ : lega! Owners Name: XzAd2:4 A,14~e A_T. ~ 1,0 . Address: J:Zo1,nU,4 B. Phone number where appiicant can be reached: . C. Total Acreage of proposal: Tau Parcel ~ • i~ / Q ° • 0. Number of Lots: E. Typical lot size: F. Land Use Proposed: . e G Zoning: ~ - ~ Comprehensive Pian:,,,Aila. ° H. Nlethod of Water Supply: Individual Welis ~ Public System ~ Private Community System , Other . Oescribe: Y , . 1. AAethod of Sewage Disposal: Septic Tank and Oraintietd . Lagoon , , Treatment Plat _ Other or Combinatlons Describe: ,dAy ?EC)✓~RC c4l_T2alJ 7D VAtt.E)e ~L _E.WF~Z. AW J. List Utility Companies and/or Districts expected to provide service to this proposal: Electricity :~'?~dPnc as; wWP Water: Phone: V. S. Wq-5'}' K. Oo you or the owner, own or have options on tand nearby or adjacent to this proposal's location? If yes, explain: ~ ' L- aSlotlaIuta: 1. the undersigned, swear under penalty of pedury that the above responses are made truthfully and to the best of my knowledge. I also understand that, should there be any willtul misrepresentation or willful lack of full disclosure on my part, Spokane Counry may withdraw any approval it might issue in reliance upon this applfcation. tnformation submitted on the Preliminary Plat map is part of this application. Date: Proponent: ` 1-5 " Dasd: 6 1~7 190 Owner: Date: 6171 gv Notary: Residing at: ~ o k an G ~ -l ~LC i JGor APPLICAT,ION NUMBER; ~ - - "T1A10 -LOT AD INIS'i'RAYIVE_ QIVISION" ' PART TWO (To be completed by sunreyor) , I, the undersipned, a licensed land_,;surveyor, have completed the intormation requested, and the Prefiminary Plat has been prepared by me ,under my aupervlsion_ in acxordance with the requirements ot the Spokane Counry Short Plat Or+dinance and 1he laws of 4he ; State of Washinpfon, as shown on the preliminsry plat submltted herewith. (Signed) - - Dats. „(Address) 90 98„~h~,, e, Phone: 9ZE, -/3 Z Z. 3 •a.1.a .r .-..f. - ~ n ~y 7~^: 9 9~ r Z. L- L ~ `NVA,Sy~ ' J~o , - =a , fji!• ~ N . ACT The 3polcane 'County ~ Subdivislon' 3ecdon at 456=2205 ii you are aware ~of ` land survey problem with Ihls site or adJateM., pxo.psrty or have anr quesdone. PART THREE' ---ee• Note: 1 below-- ~ • ~(To be completed by Water Punrey,or) ~ - ' • • ~ A. This subdivision (is) (is not) situated within our service area. ~ B. We 4able not ab ie) and,~.willing, to supply thls `subdlvision with adequate water for: omee) (Industrial) (commercial) uses. C. Satisiactory arrangements (have (have not) en made. to senre this proposal. D. Signature (only when items A, B. C' 8 E are ttue and completed). E NAhe water district cannot serve water at this time. private well (will) (will not) be allowed. ~ I , - Purveyor's name Signature and Titte ~ ~9a , ate Note:-' 1) The,' Preliminary" , Plat map is to show. or lndicate the distance to tha nearest' ti.►e hydranl. _ ~ NAME Of PRUPUSAL: . _ . . . . . ~ _ . , . . Lo c a t i o ri : s..~~. '~..1 21. k y t~ k d~1,~~..1.':%~.~~ App 1 icarit : n Type of UevelopinNnt; Traffic Counts : , ~ tinticipated A.W.V.T.E. fran I.T.E. Manual , Existing R.O.W. • . ~ 2. Street 2. - • a ' Z, Street 2. ~ 3. Street 3. ~ ~ ~ ' • . , 4. 55feet 4. ~ • ' ' ' - Ezist inq Imprvvements 1. Street 1. 2. Street Z. 3. Street 3. 4, Street 4, . R fght vf WaY Re 1. 8treet 1. 2. Street 2. 3. Street 3. 4. Street 4. . ~ lmprovements Needed to Mitigate Trafffc lnipacts of this Deveiopmerit / 1. Street I. : • ti . 2. Street Z. ' ' • • . ' ~ - 3. St reet 3. ' a " . • . W . - - . 4. Street 4. ' ~ . • . . , Coninen L s : . . . " • . • ~~r~~~~~~~~T~M~y~~~~~ ~N •r~~~• w~~~~~~+~ • ~ ~ ~w~~.~~r. ~.~w • . ~ ~ ~ r . • ~r ~ ~