Trent E 4515 North Valley Business Park Storm Drainage
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9106050131
5PO,4NE. COUNTY. MfASH. ~
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ST4RM DRAINAGE EASEMENT
FOR GOOD AND VALUABLE CONSIDERATION and for the a►utual
benefits to be derived therefrom, the unders3gned partiee creatie
and grant thie sasement and make the followinq recitals and
covenanta;
1. PARTIES:
GRANTOR: WILLIAM J. LAWSON and CAROL LAWSON, hu9band and
wi.f e .
GRANTE$: NORTS VALLEY BUSINBSS PARR, a Wa$hingtan
qeneral partnership.
2. OWNERSBIP OF REAL pROPERTY:
Grantor owns and has gome right, title and interest, both
legal and equitable, in the following deseribed property:
Parcel As
That portion of the South half of the Northwest Quarter
of Section 9, Township 25 North, Ranqe 44 E.W.M. Spokane
County, Washington, deeCribed ag follows:
Begin at the centerline intetseotion of Bowdish Road end
Jackson Avenue, thence South 89 32•30"West, along the
centerline of Jackson Avenue, a distance of 580.00 feet;
thence South 00 08•10" East parallel with the East line
of said Northwest Quarter, a distance of 30.00 feet to
the South right of way line of Jackeon Avenue; thence
continuinq South 00 08910" East a diatance of 60.00 feet
to the True Point of Beginninq; thence South 89 32130"
Wegt a distance of 64.17 feet; thence South 50 53926"
West a dietance of 249.71 feet to the Northeaaterly right
BASFMENT K. f- ExC~ ~ax wryip
ob 1- l7 jp/
unt}► Troa~
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YOI. 11 g.r1PAGE 12 % 9
of way line of Montqomery Drive, Baid point ie on a curve
concave to the Southwest having a radius of 1030.00 feet,
a radial line throuqh said point bears North 41 41213"
East; thence Southeasterly, throuqh a central angle of 9
12113", an arc distance of 165.45 feet to end of curve;
thence South 39 06'34" East a distance of 50.26 feet;
thence North 50 53126" East a distance of 145.05 feet to
a point 580.00 feet West of the centerline of Howdieh
Road, measured along a line parellel wi.th the centerline
of Javkson Avenue; thence North 00 08910" West parallel
with the centerline of Bowdish Road, a distance of 225.00
feet to the True Point of Heqinninq=
EXCEPT those portioae conveyed to Spokane CouAty ae
desaribed in Riqht of Way Deeds recorded under Auditor's
File Nve. 7308210258; 7308210259 and 7308210263;
Grantee owns and ha+s some riqht, title and intereet, botb
legal and equitable, in the following desCribed property:
Parael C:
That portion of the South half of the South half of the
Northwest Quarter of Section 9, Townahip 25 North, Range
44 B.W.M., described as follows:
Begin at the centerline intersection of Bowdiah Road and
Jackeon Avenue; thence South 89 32130"W, alonq the
centerline of Jackson Avenue, a distance ot 580.00 feet;
thence South 00 08010"E, parallel with the Baet line of
said Northwest Quarter, a distance of 30.00 feet to the
South riqht of way ].ine of Jackgon Avenue and the True
Point of 8eginninq; thence csontinuing South 00 08110"E a
distance of 295.00 feetg thence North 89 32130"8,
parallel with said JaoksoA Avenue, a distance of 425.00
feet; thence North 00 08'10"W, parallel with said Sast
line „ 295.00 feet to the South line of said Jackson
Avenue; thence South 89 32' 30"W a distance of 425.00 feet
to the True Point of Heginning.
3. PURPOSE: The purpose of creatinq and qranting thie
earaement ie to permit an easement for the benefit of North Valley
Business Park and their auccessors and assigne for storm drainage
runoff from real property owned by them and set forth above ae
Parcel C.
4. DURATIONS The eaeement created and granted herein ehall
BA3EMENT - 2
, voL.1195PAcE 1280
be perpetual in duration.
5. CREATiON AND DESCRIPTION OF EASEMENT: Grantor hereby
createg and grants an easement for storm drainaqe runoff For the
benefit of Grantee for the purpose of disposing of storm drainage
runoff flowing from Grantee•s property as above set forth and
referred to as Parcel C. The exact location of the eaeement upon
which Grantee'e etorm drainage may flow is that particular 11208
Drainaqe Swale" located in the Northeastern corner of Grantor's
property, the exact location of which ie set fo=th on Grantor's
site plan, a copy of which is attached bereto and by thia reference
made a part hereaf and designated as Exhibit "A".
6. HBNRFICIAL INTERE3TSs The easement herein created ie for
the non-exclusive benefit of the owners, successorg and aesigne of
Grantee'e property, the leqal description of which is above set
f ozth .
7. SERVIENT; HINDING AFFECT AND RUNNING WITS TAE LAND: The
ease,ment created and granted berein shall be binding upon the
ownere aad successore and assiqns of Grantor'e real property the
leqal deecription of which is set forth above, and gaid ea$ement
shall run with the land.
8. NAINT8NAAICE OSI,ZGATION : Grantor hereby acknovPledqes the
obliqation of creat3ng and maintaini.nq a drainage ewale on the
location establighed on the attached Exhibit "A" with a permanent
live oover of lawn turf and with optional shrubbery and/ar treee
which do not obstruct the flow and percolation of storm drainage
water in the drainage ewale as received from Grantee•e above
EASBMENT - 3
I YoL 119 ~ PbGE12 81
referenced property.
DATBD this 25th day of March, 1991.
gRANTOR s
r
'
NI IAM J. LAWSON
CAROL LAWSOH
aRMSE:
NORTg VAI,LEY SUSINBSS PARR
a Waehinqton general partnership
Hy: • ~
-401.c
g W airLs coRPoRkTio
Robert A. Bonuccelli, P esideat
p
.
By•
.
NORTHWOOD PROPSRTIS3, INC.
Theodore G. Gunning, Preside t
STAT$ OF WASSINGTON )
) 66.
COjJNTY OF SPOKANS )
On this day personally appeared before me ROBERT A. BONUCCELLI,
Preaident of Meadow Hills Corporati,on, and THE4DORE G. GUNNING,
President of Northwood Properties, to me known to be the General
Partnere of NORTH VALL$Y BUSYNESS PARR the Waehinqton Genera].
partnership that executed the foreqoinq instrument, and
acknowledged the eaid ingtrument to be the free and voluntary act
end deed of said partnerehip, for the uses and purpoees therein
mentioned, and on oath stated that they are authorized to execute
EASEMENT - 4
+ VoL 95ME1282
. ~
the eaid instrument.
GIVSN under mY hand and official seal this ~Ir day of May, 19910
.
~
r ~ Notazy j?ublic in and for the State
_ mf Waehi:ngton, residing at Spok~~ .
_ ,My'rommz,ssion expiree : --l J
. . .
• . • - ~
OF WA$NIHGTON )
) sm.
COUNTY OF SPOKARE )
On thie day pereonally eppeared befoze me WILLIAM J. LAW30N and
CAROL LAWSON, to me known to be the individuale deecribed in and
who executed the wfthin and foreqoing instrument, and acknowledged
that they ec iqned the same as their f ree and voluntary aot and deed,
for the uaes and purpcses therein mentioned.
;41M under mY hand and offioial seal this day of May, 1991.
,
.
,
.
lia in and for the State
4NOt
of Washington, residinq t S okane.
l~ty coAaoissian expires r~-~~ T!
EASEMENT - 5
1111 u.ui 'ECl,r-Otu raL. 118 t1Mc1G1U
- /`;S , 1~~~ HI WRYYF7UYIY1 11 1U +
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four lotD lPAorn on Bxhlblt •A• '
wullc~l qaN~NUI 4• MUBAT12d1 Vit9 aaaemonl atentod ana graateJ ttsceLu elloll
910405ODI9 eu~n~ui~
Lrz~t►~l.6opr11~1fW1. bb porpetual tn duretion.
O~
) ~ l~p S. AMMUMION 0Z Z eMeVIs Grantote hetedy csaate and
~
@ASMEHT FOR 1NGR8SS JWO BCRBSS AliO U?ILITIBS " gsatlt LAo iollowlng deecrlbed eaeamant for the bertetit of Graateo
!or the purpose ot inqrexs, egsea• snd [ot utility eecvlcee wer
FOR GOOD AIiD V1►LW18L6 CCH6IO8MTION aad fos the autual benoltt
sad ao[ou the tour oeperets end distlnet easenent deeesipttone
to bs d~rivb thocebp~ the undo=signsd psrtiea cs~ste eeid qrnat ~e pastLculaely eet tortb an Buhlblt •e• atteeAad bereto and by
thl• sapmeat and mnke the follo+ring tecitals end aavenaotss this =ateconas lacorDvceLaO Aereia. 6sch opecilio oaasment
PARTIESs ~ denatl tloa
p pertalna to one of the speaitle pa►ccels abovs
GRAttl'ORSs NORTd YAL18Y BOSIISBS6 pAMS, a FTnoblngton xa
te~~ end the tour ot thco t~kon toqethes aonetituto the
gaaeral pertnerfhipt , o+►etall stseaoat deecsiptioa belaq etaated Aereia tor the benelit
NORTIl1J00D 8R088RTI8S, 1HC., sWashingloa corporat.ion= of Grantes•
fiILLI1W J. LI1MSOi1 end C1tROL IJN180N, husband end vlfo. 6. BBtIBpICLA_L llNT8R8ST8i she easement hersin cseated in tor
GWW?BCt Oimere, •ueoossoss aad ao@lgw of parcela the eualqolve beaellt of the ownetwo eucceaQOrs aad aeaiqne of the
heretn retetsed to ai Lota A# e, C aad D, the leqel f*= oPOcLfio paS+cele. the leqal doscriptiona of which ete oot
descriptlons ot wAich sre mora accn:elely set torth on tho SottA on the etLached PacAiblt •A-
attaa!►oa Bxhlelt •11• Miah is by tbia referanoe tnaorporeted
t TAo aaseooat
6ereln.
2 eraated aad qrented bsrein ehall be bindlag upon the owna:e of the
. CWNBR9HIP OF NEAL PROPSATY! The 6ranLore, ench ara snd four paceels ~et toctb on the attacbed BKhib►t `A•, aed their
have eo~e right, title and inteceet. dotb legal end egnitables ia heira, Suaaessoro ond sssiqne aad the seid easement shoil ruo vltA
oae cr aore of the abovo =eferencad ianr pasaels, set torth on the
the lend.
altached Bxhibft 'A'.
~AP]iIC D~ CqIPTIOM The atteohed plat mep, matked
p~: Tl+e putpoaa ot cteatL►q aad grnnting the S~ gxhLblt •C' and hY thia referance iaao providad
rpacated bocean, is earemont ao=e epecitiaally desaribed 6eloy ie to pet*iL oertain !or the beneftt of the partieo onlp and sholl not be conatruad to
eaeeo►ent@ fos the benofit of the pnrtiee and t.heu euceeeeore ortd supoxee" the legal doecripttene aet torth on ntteched 8Rhibite •11`
lntereet !or ingreae, egrese and utilitiee tor the benaiit oE all
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Post-it' brand fax transmittal memo 7671 #of pwo . ~ ~
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OATBp kUie 22ra1 tJay nt AasciI, 1991- , NoEory publ 0 1 saI! tor Lt►o 6teto
AORTH vpLi.EY OUSINESB 9NIx of Mashlagton, sooLdlnq s~.Spa1wY/
a Mashlnqton gonecal partaerohl.p l~y a~oJ.ealon e:FireaI `~,J
gYI MIS Ot 1m81Mti'!OM )
RLAMN gIL1.g C4APORATIbH )
RobartA8onnaeel i, eqide~rt ~
~ OD this day pstsonally eppeneed Eeiore me T}180DOAS GuNHIN6, to a+e
the
8Yl~ ' OOZ~,tOCAE~an tAat p e:vcatad blethMf= oinq~ ini ~rweeatc . d
NQR'1'~OOD ~RO~ATi65, INC. atlu+ledyed the said Last,:uasat to Le the Etee aAd volantary tct
lheodore C. Gu~ning, ?te~ ead dssd ot eaid avsposatlon, tot the urae and parpo.e• LhsrrLi
~ montioned, and on osth •lated tAst Aa i• aothoristd to euaanLe thr
MOR''~KWO PR~P6R'P28S~ IriC. feid lnatcwent.
/ Ai u oy Aand iud otiiaisl geel thiO ZZ doY ot MsreA, 1991.
Az" '-Z 0
sr,
snoooRa G. it+c, e. qnt
BotaYy R►blia in and Eor the etate
' srustaM J. ta*soN af i~sehinqtou, nslding at Spakase.
. ity comatulon sxpira~~ , / /
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066C exAYB ar waset~a208 y
~ GROL LI11fSOH )
CDlntlY o! BPCUm }
' STASE OT 11A88tA0208 ) On Lhis dep petaonsliy appedted befors mr KILLIA?1 J. Li1MSON and
~ as* Ci►IWL Li11950N, to no knova !o ba the iadxvidual• desorihed in na+d
CAf311T1 Or oPOOWIR ) wbo sxecuted the xltt►in aad ieregoiag fnstrument, bnd aekno+rledged
thet ehey srqned the aaae an thair Iree and voluatary 4ct aad dead,
Oa thig day prrooAelly eppearad betore ne ROBBR'T A. BONUCCBIS,Io for tha uase end puxpo4eo thorein mentioned.
Bceaideat oi Hosdow 8llle Cosporation, end 'PHOOORa G• CMISGP
PKeeident of Norchvooa propertiee, to ae knwn to be the Ceaoral , OI1RIT uadec toy bacd and oftieial roni ttite ~ day of March, 1991.
Partnere ot 2tOR'TS Vl►LLCY HtIS1t1ES8 PARK the Waahinqtan GeAOSal
Partaerehip that executed tfie foreqoiag inctru~eat, an4
• acknowteaqed the aold instrvneat to ie the fsaa and voluatary nat
end deed of seid pactaesabfP, tor the ursee nad pntposee tberein ,
mentlonad, and on oath etated ttat tAey are authdrised ko exeonta p~~,b ic aad fot the State
the *aid anotcnioent.
of Maehiaqton, cosidlag at S~oa
Jit, ,k ~o.
6sY81~ undor ay haad ead ctfiaial eeal thxs ZZ d0y oL ~t~ . Hy caaonlaslon explreet~
1491.
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~ JNL ftECLAb-%iIFICATION NU. : ZE-104-83
~
SE'OwANL CUUNTY
f EAR ING EXI,t 1INEFt COMMITTEE
FINUINGS ANU ORDER
A. IN1RODUCT.iUN
This matter having cane before the Loni.ng Hearing Examiner Comnittee on
Aprll 5, 1984, and the members of the Comnittee present being
Kathleen M. Carstens, Chairperson; Kenneth Kennedy, and Ronald L. McVicker.
B. PRoPOsAL
The sponsor, Northvrood Prnperties, Inc., is requesting approval of a zone
ieclassification, File No. ZE-104-8:, Agricultural to Restricted
Industrial, for the purpose of developing a 8usiness Park.
C. FINDINGS OF FACT
1. That the existing land use in the area is residential, industrial,
and vacant.
2. That the Comprehensive Plan designates this area as appropriate for
Urban and Industrial development.
3. That the existing zoning of the property described in the application
is Agricultural.
4, That the provisions of RCW 43.2-1C (The State Environmental Policy
Act) have been complied with, and the Canmittee concurs with the
Declaration of Non-Significance.
5. That the proper legal requirements for advertisement oP the Agenda
item have been fulfilled.
6. That the land in this area is suitable for the proposed use, or uses
within the proposed Zone Classification.
7. That the applicant has demanstrated that conditions have
substantially changed since the original zoning of this area and
accordingly, the proposed rezone is justified.
1
ZOPIE. r%Et,LA55IFICATION RIO.: ZE-104-83
C. FiNDINGS CIF FACT (continued'
8. That the proposed use is compatible with existing uses in the area.
9. That the owners of adjacent lands expressed disapproval of the
proposed use.
10. The Hearing Examiner Committee finds the proposed use to be in
harmony with the general purpose and will not be otherwise
detrunental to the public health, safety, and welfare.
11. The following are additional findings of fact considered by the
Hearing Examiner Committee:
a) That the project as conditioned by the Hearing Examiner
Committee for special setbacks, dense landscaping, limited
advertising signs, and controlled access points, provides the
necessary protection to the existing residential uses found to
the north and east of this zone change.
D. CONDITIONS OR CONTINGENCIES APPLIED TO THIS APPROVAL
(All Conditions imposed by the Zoning Nearing Examiner Canmittee shall be
binding on the "Applicant", which term shall include the owner or owners
of the property, heirs, assigns, and successors.)
a) COUNTY PLANNING DEPARTMENT
1. That if PE-1256-78 is recorded, the zoning shall be reclassified
to Restricted Industrial.
2. That this zone change approval, ZE-104-83, supersedes the
original zoning approval, ZE-132-78, within the preliminary plat
of Mid-Valley Industrial Park, PE-1256-78.
3. All current standards of the Restricted Industrial Zone, as
amended, shall be complied with in the development of this
site.
4. That the buildings be set back a minimum of 60-feet from the
f ront property line along .3ackson, Bowdish, Ermina, Wilbur, and
Montgomery Drive.
2
ZONE RECLASSIFICATION NO.: ZE-104-83
a) COUNTY PLANNING DEPARTMENT (continued)
5. That a dense landscape strip a minimum of 10-feet in width, be
provided araund the site's perimeter for site-screening adjacent
to the single family areas and a 10-Poot landscape strip along
Montgomery Drive for aesthetic purposes.
6. That access on Bowdish Road be controlled on both sides;
location of said access to be within the south 300 feet of
6owdish. There shall be no access to Ermina or Wilbur. The
Engineer's OfPice shall advise whether there is a possibility
that an exit can be allowed at the northwest corner of the site
onto Jackson Avenue; said access to be signed which would not
permit a right turn as a vehicle would exit the site, nor a left
turn when entering the site as vehicles travel west along
Jackson.
7. That the project is subject to Section 4.16A.050, the Aguifer
Sensitive Area Overlay Zone of the Spokane County Zoning
Ordinance, which sets forth various measures far Aquifer
protection; specifically, measures dealing with wastewater
disposal, spill protection measures, and stormwater runoft.
8. The Zoning Administrator shall approve a specific exterior
lighting plan for the approved area prior to installation of
such lighting. (Such plan shall attempt to confine illumination
to the area with full consideration to adjacent properties).
9. That signing of the site shall be generally in substantial
conformance, as determined by the Zoning Administrator, with
those standards of the Local Business Zone.
10. A specific landscape plan, planting schedule and provisions for
maintenance acceptable to the Spokane County Zoning
Administrator shall be submitted with a performance bord for the
project, or phases of the project, prior to release of building
permits.
11. The applicant shall develop subject property generally in
accordance within the concept presented to the Hearing Exarniner
Committee. Variations when approved by the Zoning Administrator
will be permitted, including, but not limited to the following
changes: f3uilding location, landscape plans, and general
allowable uses of the permitted zone. All variations must
conform to regulations set forth in the Spokane County Zoning
Ordinance. The original intent of the development plans shall
be maintained.
3
ZJNE aECLASSIFICATION NO.: ZE-104-83
a) COUNTY PLANNING DEPAHTMENT (continued)
12. The speeif ic development plan will be submitted for Planning
Department review and approval prior to issuance of building
permits.
13. Applicant shall comply with 1208' recommendations concerning
stormwater runoff and provide necessary landscaping for runoff.
14. Any division of land for the purpose of sale, lease, or transfer
shall comply with RCW 58-17 and the Spokane County Platting
Ordinances prior to issuance of building permits.
15. That the provisions of SEPA's NOTICE OF ACTION pursuant to
Chapter 43.21C.080 RCW and the Board of Spokane County
Commissioners Resolution 07-1392 be initiated by the pro,ject
applicant within thirty (30) days of final disposition of this
application, and prior to any on-site i.mprovements, or file
appropriate documents to the effect that the NOTICE OF ACTION is
waived in accordance with Spokane County Commissioners'
Resolution #82-0458 dated May 4, 1982.
16. Pursuant to the provisions of Chapter 43.21C RCW, the SEPA
Guidelines (WAC 197-10) and the Spokane County Environmental
Ordinance (SCEO), a proposed declaration of non-significance has
been issued at least fif teen (15) days prior to this date; the
ofPicial file, written comments and/or public testimony contain
information regardi.ng assessment of the proposal's adverse
impacts to the physical environment; a finding is hereby made
that no potentially significant adverse impacts upon the
physical environ ment are anticipated as a result of the
project; and a final declaration oP non-significance is hereby
to be issued.
b) COUNTY ENGINEERING DEPARTMENT
Prior To The Issuance Of A 8uilding Permit:
1. Applicant shal l dedicate 2 f eet on Montgoniery Drive f or
right-of-way prior to any use of the property.
2. Applicant shall dedicate a 20-foot radius on Bowdish Road and
Jackson Avenue prior to any use of the property.
4
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.
LUNE RECLASSIFICATION NO.: ZE-104-83
b) COUNTY ENGINEERING DEPARTMENT (continued)
3. Aecess permits far approac.hes to the County Road System shall be
obtained f rom the Spokane County Engineer.
4. Applicant shall improve Jackson Avenue in a manner consistent
with Spokane County TYPICAL roadway section No. 1 minimum paving
width Access Standard.
5. Applicant shall improve Bowdish Road in amanner consistent with
Spokane TYPICAL roadway section No. 1 minimum paving width
Access Standard.
6. Applicant shall improve Ermina Avenue in a manner consistent
with Spokane County TYPICAL roadway section No. 1 minimum paving
width Access Standard.
7. Applicant shall improve Wilbur Road in a manner cansistent with
Spokane County TYPICAL roadway section No. 1 minimum paving
width Access Standard.
8. Other specific improvements: Applicant shall improve Montgomery
Drive in a manner consistent with Spokane County TYPICAL Roadway
Section No. 1 minimum paving width Secondary Arterial Standard.
9. Applicant shall submit for approval by the Spokane County
Engineer road, drainage, and access plans prior to the issuance
of a building permit on the property.
10. The applicant shall subfnit for approval by the Spokane County
Engineer and the Spokane County Health Dlstrict a detailed
combined on-site sewage system plan ard surface water disposal
plan for the entire project prior to the issuance of any
building permit on the property.
11. A parking plan and traffic circulation plan shall be submitted
and approved by the Spokane County Engineer prior to the
issuance of a building permit on the property. The design,
location, and arrangement of parking stalls shall be in
accordance with standard traffic engineering practices. Paving
or surfacing as approved by the County Engineer, will be
required for any portion of the project which is to be occupied
or traveled by vehicles.
5
„
ZOP1E RECLA55IFICATIUON NO.: ZE-104-83
b) CGUNTY ENGiNEERING DEPARTMENT (continued)
12. The word "applicant" shall include the owner or owners of the
property, his heirs, assigns, and successors.
13. 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 petition or resolution which purpose
is the formation of a Road Improvement District (RID) for said
.improvement pursuant to RCW 36.88, as amended. Spokane County
will not participate in the cost of these improvements. This
provision does not apply to improvements specified for
Montgomery Drive.
14. 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 required road improvement. Spokare County
will not parta.cipate in the cost of these i.mprovements. This
provision does not apply to improvements specified for
Montgomery Drive.
15. The construction of the road improvements stated herein shall ae
accanplished as approved by the Spokane County Engineer.
16. All required improvements shall conform to the current State of
Washington Standard Specifications for Road and Bridge
" Construction, and other applicable County standards and/or
adopted resolutions pertaining to Road Standards and Stormwater
Management in effect at the date of construction, unless
otherwise approved by the County Engineer.
17. Roadway standards, typical roadway sections and drainage plan
requirements are tound in Spokane Board of County
Commissioners'Resolution No. 80-1592 as amended.
18. Applicant shall deed to Spokane County 60 feet of right of way
for Bowdish Road. This dedication shall extend from Montgomery
Drive to Ermina Avenue.
19. Applicant shall deed to Spokane County 15 feet of right of way
along Wilbur Street from Ermina to Montgomery Orive.
20. Al1 relocation of utilities shall be at applicant's expense.
6
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ZONE RECLASSIFICATION NO.: ZE-104-83
c) COUNTY UTILITIES DEPARTMENT
1. Pursuant to Board of County Commissioners Resolution No.
80-0418, the use of on-site sewer disposal systems is hereby
authorized. This authorization is conditioned on compliance
with all rules aRd regulations of the Spokane County Health
District and is further conditioned and sub,ject to specific
application approval and issuance of permits by the Health
Dlstrict.
2. The owner(s) or Successor(s) in interest agree to authorize the
County to place their name(s) on a petition for the formation of
a ULID by petition method pursuant to RCW 36.94 which the
petitian includes the Owner(s) property and further not to
object by the signing of a protest petition against the
formation of a ULID by resolution method 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
objection to any assessment(s) on the property as a result of
improvements called for in con,junction with the formation at a
ULID by either petition or resolution method under RCW Chapter
36.94.
3. Any water service for this project shall be provided in
accordance with the Coordinated Water System Plan for Spokane
County, as amended.
4. Each urut shall be double-plumbed for connection to future
areawide collection systems.
5. Plans and specifications for the double plumbing are to be
~J reviewed and approved by the Utilities Department.
6. The project shall conform to the provisions of the ASA Overlay
Zone.
e
d) COUNTY HEALTH DISTRiCT
1. A combined surface water and sewage disposal detail.ed plan shall
be approved by the County Engineer and the Health District prior
to the issuance of any building permit for this project.
2. Sewage disposal method shall be as authorized by the Director of
Utilities, Spokane County.
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dUNE FdECLA55IFICATION NO.: ZE-164-83
d) CC UNTY HEALTFi OISTRICT ( continued )
3. Subject to specific application approval and issuance of permits
by the Health Off icer, the use of an individual on-site sewage
system may be authorized.
4. Water service must be coordinated through the Director of
Utllities, Spokane County.
5. Water service shall be by an existing public water supply when
approved by the Regianal Engineer (Spokane), State Department of
Social and Health Services.
6. Use of private wells and water systems is prohibited.
7. Disposal of sewage effluent beneath paved surfaces is currently
prohibited.
e) COUNTY BUILDING AND SAFETY OEPARTMENT
1. The site is located in Fire Oistrict # 1.
2. Mains and fire hydrants will be required to be installed in
accordance with the requirements of the Spokane Caunty
Department of euilding and Safety.
f) WATER PURVEYOR
1. Water Purveyor is Irvin Water District, and they will supply the
site with adequate water for domestic, fire and irrigation uses,
although satisfactory arrangements have not been made.
g) COUNTY AIR POLLUTION CONTROL AUTHORITY
1. Spokane County Air Pollution Control Authority regulations
require that dust control measures be taken during all phases of
the project.
2. Durfng excavation activities water sprays may be required to
control fugiutive dust emissions. Haul roads should be
treated. 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.
3. All travelled surfaces (i.e., ingress, egress, parking areas)
must be paved and kept clean.
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73tsE RECLASSIFICATIOM NO.: ZE-104-83
E. ORDER
The Hearing Examiner Committee, pursuant to the aforementioned, finds that
the application of Northwood Properties, Inc., for a zone reclassification
as described in the application should be APPROVED.
Motion by: Kennedy Seconded by: McVicker
Vote: Kennedy - Aye
McVicker - Aye
Carstens - Aye
Unanimous to APPROVE to the RESTRICTED INDUSTRIAL ZONE -
(3-0)
HEARItJG EXAMINER COMMITTEE
HEREBY ATTEST TO THE ABOYE
FINDINGS, ORDER, AND VOTE
C ai person
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ATTEST:
For WALLIS D. HUBBARD
Plannin Director
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8y S VE P. HOROBIOWSKI
Zoning Administrator
Date:
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EAS$MBNT FOR INGRBSS AND EGRESS AND UTILITIBS
FOR GOOD AND VALOABLB CONSI DBRATION artd f or the mutual benef it
to be derived thereby, the undersiqned pa_rtiee create and qraat
this Easement and ntake the foll'owing recitals and covenants:
l. PARTIBS':
GRANTORS: NORTH `VALLEY BUSINESS PARK, a Washington
qeneral partnerahip;
NORTHWOOD PROPERTIBS, INC., a Waehinqton corporation;
WILLIAM J. LAWSON and CAROL LAWSON, husband and wife.
GRANTSE: Ownera, succesaors and assigns of pascels
~ herein referred to ae Lots A, B, C and D, the leqal
descriptions of which are more accurately eet forth on the
attached Exhibit "A" which is by this reference incorporated
herein.
2. OWNERSHIP OF REAL PROPFRTY: The Grantore, ea'ch own and
have s`ome riqht, title and iaterest, both legal and equitable, in
one or more of the above referenced four parcels, set forth on the
attached Exhibit "A'• .
3. PURPaSE: The purpose of creating and granting the
eaeement more specifically deecribed below ie to permi.t certain
easements for the benefit of the parties and their euccessore and
interest for inqress, eqress and utilities for the benefit of all
EASLMENT - 1
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four lote ehown oa Bxhibit "A" .
4. DURATIONt The eaeemeat c=eated aad qranted herein shall
be perpetual in duration.
5. DESCRIPTION OF BASBMENT: GrantorB hereby create and
qrant the followinq deecribed easement for the benefit of Grantee
for the purpoae of inqrees, eqress and for utility services over
and acroas the four separate and distinct easement descriptions
more particularly set forth on Bxhibit "B" attached hereto and by
thie reference incorporated herein. Each specific eaeement
description pertains to one of the specific parcels above
referenced and the four of them taken together constitute the
overall eaeement description being created herein for the benefit
of Grantee.
6. BENEFICIAL INTERBSTS: The easement he=ein created igi for
v the exclusive benefit of the ownere, succeBSOrs and assiqns of the
four specific parcels, the legal deacriptions of which are set
forth on the attached Exhibit "A".
7. `BINDING AFFECT AND RUNNING WITH THE LA,ND: The easement
created and granted herein ehall be binding upon the owners of the
four parcele eet forth on the attached Bxh°ibit "A", and, their
heirs, euccessors and asaigns and the eaid easement shall run with
the land.
1 8. GRA.PHIC D$SCRIPTION: The attached plat mag, marked
Exhibit "C" and by this reference incorporated herein, ie provided
for the benefit of the parties only and ehal-1 not be construed to
supersede the leqal descriptione set forth on attached Exhibits "A"
EASEMENT - 2
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and "8" in the event that it is in conflfct therewith.
DATBD this 22nd day of March, 1991.
NORTH VALL$Y BUSINESS PARK
a Waahfnqton general pattnerehip
gY.
.
aOW BILXS MORMPQRATI~N
Robert A. Bonuccel i, esident
By. .
NORTflW00D PROPERTIBS, INC.
Theodore G. Gunninq, Preside
NORTHWQOD PROPERTI$S, INC.
.
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BY:
THEODORE G. dU0I1tG,, esident
-
WILLIAM J. LA SON
lip+%A 444~ti
CAROL LAWSON
STATE OF WASBINQTON )
) ss.
COUNTY OF SPOKANE )
On thfs day peraonally appeared before me ROHERT A. BONIICCELLI,
President af Meadow Sills Corporation, and THEODORE G. GONNING,
Preeident of Northwood Properties, to me known to be the General
Partnere of NORTH VALLEY BIISINESS PARR the Washington General
Partnerehip that executed the foreqoinq instrument, and
acknowledqed the safd instrument to be the free and voluntary act
and deed of said partne=ship, for the uses and purpoees therein
mentioned, and on oath stated that they are authorized to execute
the eaid inetrument. /
/M e~.•~,
aIVEN under my hand and officfal eeal thie Z Z day of ,
1991.
EAS$MBNT - 3
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Notary Publ c i end for the State
of Waehinqton, residing a pokane.
My coannf seion expires t 9/
STATE OF 1tA88INaTON )
) ss.
C4UNTY OF SnORANS )
On this day personally appeared before me THBODORE GUNNING, to me
known to be the Preeident of NORTBWOOD PROPERTIES, INC. the
corporation that executed the foreqoing inetrument, and
acknowledqed the said inetrument 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.
QIV~ 5;7~~ d official eeal thie 0~ day of March, 1991.
Notary' Pub lic in Jand for the State
of Washinqton, residinq at Spokane.
My conmiiseion expires :
STATL 0F WASHINaTON )
) se.
COUNTY OF SPOKANE )
On this day personally appeared before me WILLIAM J. LAWSON and
CAROL LAWSON, to me known to be the individuals described in and
who executed the within and foregoinq inetrument, and acknowledged
that they siqned the same as their free and voluntary act and deed,
for the uses and purposes therein mentioned.
aIVEN under my hand and official seal thie day of March, 19910
Notary b ic in and for the State
of Washington, residinq at ~ S~ ans
My comm3esfon expires: - ~
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EXBIHIT "A"
Parcel A:
That portfon of the South half of the Northwest Quarter of Section
9, Township 25 North, Range 44 B.W.M. Spokane County, Waehington,
deecribed as follows:
Beqin at the centerline intersection of Bowdish Road and Jackson
Avenue, thence South 89 32'30"West, alonq the centerline of Jackaon
Avenue, a distance of 580.00 feet; thence South 00 08010" $ast
parallel with the East line of said Northwest Quarter, a diatance
of 30.00 feet to the South right of way line of Jackson Avenue;
thence continuing South 00 0801091 East a distance of 60.00 feet to
the True Point of Beqinninq; thence South 89 32 • 30" West a distance
of 64.17 feet; thence South 50 53•26" West a distance of 249.71
feet to the Northeasterly right of way li.ne of Montqomery Drive,
esid point is on a curve concave to the Southwest havinq a radius
of 1030.00 feet, a zadial line through eaid point beare North 41
41113" Eaet; thence Southeasterly, through a central anqle of 9
1291311, an arc distance of 165.45 feet to end of curve; thence
South 39 06'34" East a distance of 50.26 feet; thence North 50
53226" East a distance of 145.05 feet to a point 580.00 feet West
of the centerline of Bowdish Road, measured alonq a line parallel
with the centerline of Jackson Aveaue; thence North 00 08•10p West
parallel with the centerline of Bowdish Road, a distance of 225.00
f eet to the True Point of Beqinning;
EXC$PT those portions conveyed to Spokane County as described in
Riqht of Way Deeds recorded under Auditor's File Nos. 7308210258;
7308210259 and 7308210263;
Parcel B:
That portion of the South half of the South half of the Northwest
Quarter of Section 9, Township 25 North, Ranqe 44 B.W.M. Spokane
County, Washington, described as follows:
Begin at the centerline intersection of Bowdish Road and Jackson
Avenue, thence South 89 32930" West, alonq the centerline of
Jackson Avenue, a distance of 580.00 feet; thence South 00 08110"
East, parallel with the Bast line of eaid Northwest Quarter, a
distance of 30.00 feet to the South right of way line of Jackson
Avenue and the True Point of Beginninq; thence continuinq South 00
08'10" East a distance of 60.00 feet; thence South 89 32030" West
a distance of 64.17 feet; thence South 50 53 • 26" West a distance of
249.71 feet to a point on the Northeasterly right of way line of
Montgomery Drive, said point is on a curve concave to the Southwest
having a radius of 1030.00 feet, a radial line throuqh said point
EXHIBIT "A" - 1
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beers North 41 41'13" East; thence Northwesterly, alonq eaid
Northeaeterly riqht of way line through a central angle of 9
25•510, an arc dfstance of 169.54 feet to the beqinninq of a curve
concave to the Bast havinq a radiuB of 25.00 feet; thence
Nos'thweet, North and Northeasterly, throuqh a central angle of 108
5712961, an arc distance of 47.54 feet to the beginning of a curve
concave to the Southeaet havinq a radius of 335.88 feet; thence
Northeast and Easterly, throuqh a central anqle of 38 19039", an
arc dietance of 224.68 feet to end of curve and a point on the
South riqht of way line of Jackson Avenue; thence North 89 32030"
Eaet, alonq said riqht of way line, a diatance of 187.69 feet to
the True Point of Beginninq;
EXCFPT those portions conveyed to Spokane County as described in
Riqht of Wey Deede, recorded under Auditor's File Nos. 7308210258,
7308210259, and 7308210263.
Parcel C:
That portion of the South half of the South half of the Northwest
Quarter of S ection 9, Township 25 North, Range 44 E. W. M. , described
as f ol lows :
Begin at the centerline intersection of Bowdish Road and Jackson
Avenue; thence South 89 32'3011W, along the centerline of Jackson
Avenue, a distance of 580.00 feet; thence South 00 08010"E,
parallel with the Bast 13.ne of said Northwest Quarter, a distance
of 30.00 feet to the South right of way line of Jackson Avenue and
` the True Point of Beqinninq; thence continuinq South 00 08110"E a
distance of 295.00 feet; thence North 89 32830"E, parallel with
said Jackson Avenue, a distance of 425.00 feet; thence North 00
0811011W, parallel with said East line „ 295.00 feet to the South
line of said Jackson Avenue; thence South 89 32'3011W a distance of
425.00 feet to the True Point of Beginning.
Parcel D:
That portion of the South half of the South half of the Northwest
Quarter of Section 9, Township 25 North, Range 44 E.W.M., described
as follows:
Begin at the centerline intersection of Bowdish Road and Jackson
Avenue; thence South 89 3243011W, along the centerline of Jackson
Avenue, a distance of 560.00 feet; thence South 00 08110"E,
parallel with the East line of eaid Northwest Quarter, a distance
of 30.00 feet to the South riqht of way line of Jackson Avenue;
thence continuing South 00 081110"E, a distance of 285.00 feet to
the True Point of Beginning; thence continuinq South 00 08'10"E a
dietance of 10.00 feet; thence North 89 32' 30 "E parallel with said
Jackeon Avenue, a distance of 425.00 feet; thence North 00 08' 10"W,
EXHIBIT "A" - 2
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. ,parallel with eaid East line, 65.50 feet; thence North 89 32•30"E
~a distance of 125.00 feet to the West line of Bowdish Road, said
line beinq 30.00 feet Weat of the East line of eaid Northwest
Quarter= thence South 00 08610"B, along said West line a distance
of 98.04 feet to a point 1021.00 feet South of the North 1/16
corner as meagured along the North-South centerline of eaid Section
9; thence South 89 3205011W a distance of 229.50 feet; thence South
00 08'10"E a distance of 125.00 feet; thence North 89 32'50"B a
distance of 229.50 feet to said West line; thence South 00 OS' 10"B,
alonq eaid line, 181.18 feet to the South line of said Northwest
Quarter; thence South 89 3504611W, alonq said South line, a distance
of 455.23 feet to the Northeasterly line of Montgomery Drive;
thenee North 39 06 • 34"W, alonq said line, a distance of 329.96 feet
to a point which beara South 50 53'26"W from the True Point of
Beqinning; thence North 50 53' 26"E a distance of 145.05 feet to the
True Point of Beginninq.
EXHIBIT "A" - 3
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EXHIBIT "B" v A
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' EASEMENT OESCRIPTION
An Ingress, Egress and Utility Easement over, undar and across that
portion of the 8 1/2 of the 3 1/2 of the NW 1/4 0f Sectfon 9.
T. 25 N, R. aa E.W.M., described aa folio*!s:
8egin at the centerline fntersection of Bowdish aoad and JaCkson
Avenue; thence S 99032030"W. along the centerline of Jackson Avenue,
a distance of 580.00 feet; thence S 00008'10"E. parallel with the
East line of said NW 1/4, a distance of 30.00 feet to the South right
of way line of Jackson Avenue; thence continuing S 00908'10"E a
distance of 60.00 feet to the True Point of eeginning; thence
continuing S 00609010"E a distance of 225.00 feet; thence
S 50Q53'26"Wg a distance af 145.05 !`eet to the Northerly line of
Montgomery Drive; thence N 391,06'34"W, along said Northerly line, a
distance of 15.00 feet; thence N 50053126"E a distance of 137.89
feet; thence N 00008' 10"W a distance of 217.76 feet: thence
N 89932'30"E a distance of 15.00 feet to the True P.O.S.
Situate in the County of Spokane. State of Mlashington.
EASEMENT DESCRIPTION ~
~
An Ingress, Egress and Utility Easement over, under and across thst
portion of the S 1/2 of the S 1/2 of the NW 1/4 of Section 9.
T. ZS N, R. 44 E.W.M., described as follows:
8egin at the centerline intersectian of eowdish Road and Jackson
Avenue; thence S 89032030"W, along the Centerline of Jackson Avenue,
a distance of 5e0.00 feet; thence S 00*)08'10"E. parallel with the
East line of said NW 1/4. a distance of 30_00 feet to the South right
of way line of Jackson Avenue and the True Point of 8eginning; thence
continuing S 00008910"E a distance of 60.00 feet; thence S 99932'30"W
a distance of 15.00 feet; thence N 00008'10"W, a distance of 60.00
feet to the Sauth line of said Jackson Avenue; thence N 89°32'30"E. a
distance of 15.00 feet to the True P.G.S.
Si tuate i n the County of Spokane. State of Wash3 ngton.
EXHIBIT "B" - 1
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EA3EMENT DESCRIPTION
An Xngress, Egress and Utility Easement over, under a►nd, across that
portion of the S 1/2 og the S 1/2 ot the Nw 1/4 of Section 9.
T. 25 N, R. 44 E. w .P1. , deSCribed,as f ol lOws :
8egin at the Cehterline interseCtion of 8owdish Road and Jackson
Avenue; thence S 89032'30"W. along the centerline of Jackson Avenue.
a distance of 580.00 feet; thence S 00°08°10"E, parallel with the
East 1 ina of said NW 1/4. a distence of 30.00 feet to the South right
of way line of lackson Averr,e and the True Point of 8eginning; thence
Continuing S 0010801044E adistance of 295.00 feet; thence
N 89032030"E a distance Of 15.00 feet; thertCe N 00008' 10"W $ distartce
of 295.00 feet to the South line o1' sa'id Jackson Avenue; thenc&
S 89032'30"W a distance of 15.00 feet to the True P.O.B.
Si tuate in the County of Spokane, State of Washington.
a~►
EASEMENT OESCRIPTION rJ
An Ingress. Egr'ess and Utility Easement over, under and across that
portion of the S 1/2 of the S 1/2 of the NW 1/4 of Section 9,
T. 25 N, R. 44 E.W.M., described as follows:
Begin at the centerline fntersecLion of Bowdish Road and Jackson
Avenue; thence S 89932'30"W. along the centerline of Jackson Avenue.
a distance of 580.00 feet: thence S 001108'10"E. parallel with the
East line of said NW 1/4, a distance of 30_00 feet to the South right
of way line of Jackson Avenue; thence continuing S 00008'10"E a
distance of 285.00 feet to the ~True 'Point of 8eginning; thence
S 50°53'26"W. a distance of 145.05 feet to the Northerly line of
Montgomery Drive; thence S 39006'34"E. along said Northerly rline, a
distance of 2S.00 feet; thence N 50453'26"E a distance of 160.29,
f eet ; thence S 89032' 30"W a distance of 27 _ S7► feet ; thence
N 00°08'10"W a distance of 10.00 feet to the True P.O.S.
Si tuste i n the County of Spokane, State of washf ngton.
EXH I B IT " 8," - 2
R = 335.88'
T = 116.73'
L = 124,68' JACKSON AVEVUE ~
580 00
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~ 187.69,
425 00'
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48,192 s4 ft. 64.17 0 30
108-51•29. ~ 'n
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OQ 5i 48,957 sq. ft_i 3 125.00,
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C SCALE 173,076 sq. f#. . , E
N 89.32 50
3.97 acres
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ATTORNSYB AT LAW
8ant 9415 Treat Jlvemtep Bpalcana, Noshiagton 99206
eunER' 8 CLOBING AND P1tO-RUTSNa sTAcEMErrr
FOR
NORTHWOOD PROPERTI88 TO LAWSON
Property addresss S 1/2 of S 1/2 of NW 1/4
Poseeesioa aad pro-ratinq dates March 14, 1991
NO• ITFM CHMQS CREDIT
. ,
1. Total SaleB Price $1451,723.50
2. Plote Payable escrowed w3.th Allegra:
Principal: $123,223.50 123,223.50
3. Earnest money to Pinnacle Realty 1,,,000.00
,4. Recordinq fees for deed and deed of tru'st 17.00
,
5. Zuyer'e share of closing attorney fee 425.00
6. Buyer'e share of:
8serow set up fee (1/2 of $35.00 ) 17.50 First year eecrow fee (1/2 of $88.00) 44.00
L
TOTALS OF CRARGL8 AND CRSDITB.00000.1000e..0000 $146,227.00 $124,223.50
TOTAY. AMOUNT DUS !'R0M SUYSR TO CLQSB 2 0 3. 5 0
C oainq Attorne"v
Receipt of copy ie eby acknowledged this f5day of March, 1991.
.
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BU R - BUYER
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U5~ y►`~,AaREEMM SUPPLSi+ETAL TO
TRANSFER 4F RSAa. 88TAT8
THIS AGRSBMBNT IS MADB AND $NTSRBD INTO this 14th day of
Marah, 1991, by and between NORTSWOOD PROPBRTIES, INC., a
Washington corporation,as Seller, and'WILLIAM J. LAWSON and CAR4L
LAWSON, busbend and wife, aa Purcbaeera, WZTNSSSETB:
R S C I T A L 8
A. Simultaneous with the execution of this Agreement, Seller
is conveying two parcels of real eetate located,in Spokane County,
Washington, to Purchaser the legal descriptions of whiich are set
f orth as Parcel A and Parcel 8 on the attached, Exhibit "A" , by this
reference incorporated here3:n.
' H. The purchase price as eet forth°herein,shall be payable
in part by a Note Payable and Deed of Trust and it ie the intent of
the parties that this Agreement shall supplement the terms and
proviaions of such Note Payable and Deed of Trust as well as the
statutory warranty deed aonveying the property.
C. It is intended that this supplemental Agreement shall
eerve as a clarif ication, ,of and superaede the terms and' provieions
of the Earnest Money Agreement dated Jaauary 9, 1991, and ~ehall
survive the cloeinq of the traneactian.
In consideration of the above
recitals and the mutual coven'ants
hereinaf ter eet forth, the parties
agree ae follows:
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Both parties acknowledqe the correctness of the recitala
: forth and incorporate them herein as binding upon the
.
2. The overall property beinq conveyed to Purchaser has been
eurveyed by Seller creatinq two separate legal descriptions, being
Parcel A and Parcel B, both of which are on the attached Exhibit
"A". The actual square footage as eatablished by the survey is
97,149, and pursuant to the terms of the Earnest Money Agreement of
January 9, 1991, (Earnest Money Agreement), the purcha8e price is
modified to the sum of $145,723.50.
3. Both parties acknowledge that the praperty has not been
seqregated from other property that it was attached to nor have
Parcels A and B been segreqated from each other. Seller has
retained the services of Simpson Engineers to accomplish such a tax
aegregation and lot line adjustment, if necessary, to conform to
the Short Plat Ordinances of Spokane County. Seller agrees to be
responsible for all costs incurred in such aegregation and division
of such property.
4. Both parties further acknowledqe that by virtue of the
property not yet having been segreqated for tax purposea, the real
estate taxes f or the year 1991 have not been paid nor have they
been prorated for purposes of this transactioa. It is agreed by
the parties, however, that at such time as Simpson Enqineers is
able to aecertain the appropriate percentaqe share of the tax
responsibility of each party, they will be presented with their
respective portion of the taxes owinq for the entire year of 1991.
Each party shall then be responsible to pay their ehare of the 1991
taxes to the closinq agent, Bennett & Ashenbrener, P.S., to enable
the taxes on all parcele conveyed to be paid by April 30, 1991.
5. Seller agrees to release the title on Parcel A as of the
date of closing, resulting in the Deed of Trust securinq the Note
Payable for the balance of the purchase price encumbering Parcel 8
only. Additionally, Seller agrees to subordinate the Deed of Trust
encumbering Parcel 8 to any construction and lonq-term, end loan
financinq of Purchaser ae Purchaser may request. Seller shall
execute a Subordination Agreement in blank at the time of closinq
qiving Purchaser full authority to implement such Subordination
Agreement as Purchaser may cboose. Purchaser shall be obligated to
give notice to Seller in writinq ten days before the implementation
of such Subordination Agreement, however.
6. Purchaser • s Note Payable to Seller for the balance of the
purchase price includes the requirement of a$15,000.00 balloon
payment on or before August 1, 1991, and an additional $15,000.00
balloon payment on or before December 1, 1991. In the event both
of those balloon payments are made in a timely fashion and
Purchaser is not othezwise in default under the terms of the
Promissory Note or Deed of Trust securing the same, Seller shall be
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required to release Parcel 8 on or before December 31, 19911,
resulting in the balance of the Note Payable to Seller not beinq
eeQUred by the property conveyed herein. Seller ehall be required
to execute a request fvr a full zeconveyance for Parcel B and place
the eame with Alleqro Becrow Services in Spokane, who is the escrow
agent desiqnated to hold the Note Payable and Deed of Trust for the
balance of the purchase price. In the event the conditions
precedent to the release of Parcel B have been satisfied, the
escrow aqent shall release the request for full reconveyance on
Parcel B to Purchaeer at auch tiame es the last balloon payment hae
been made by Purchaser, provided that Puzchaser is not then in
def ault under any of the other terms and provisions of the Note and
Deed of Truet.
7. Seller acknowledges the followinq requirements and
improvements to be made for both Parcel A and Parcel 8 at no
additional consideration:
a. Pzovision of water line to the bounda~y of each
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respective parc
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b. Provision of electricity to the boundary of
each respective parcel;
c. Provision of qas line to the boundary of each
respective parcel;
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d. P=ovision of astub aewer liae and not an
actual hookup to the boundary line of each respective
parcel;
e. Construction of all curbs and sidewalk
approaches required by Spokane County for a buildinq
and/or occupancy permit;
f. Provision of all Spokane County aqency
a acquire a
approvals neceasary to enable Purchat
building pe=mit; .~+~~li~''~►-~~~~= C
8. As to Par 1 , Seller agrees have all aqency
approvals necessary t able Purchaeer to acquire a building
ermit no later than 20, 1991. Seller ahall be required to
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complete all other above-referenced inprovements and requirements
19 , to enable Purchaser to
as to Parcel A no later than-l~ Me,
acquire an occupancy permit.~
9. As to Parcel 8, Seller aqreee to obtain all neceesary
agency approvals and complete all other requirements and
improvements above aet forth within 60 daye of Seller's release of
Parcel B. Additionally, Seller shall be obliqated to provide all
necessary sewer enqineering up to Farcel B by the same date.
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s 10. Any termsr and provisione of the oriqinal Earnest Money
Aqreement in conflict herewith are superseded and amended by this
Aqreement.
11. In the event any dispute,or litfgation arisee out of any
of the terms of thie aqreement, the party prevailinq ia such
matter, either throuqh litiqation or arb1tration, shall be entitled
to attorney's fees and all costs incurred in conjunction with such
proceedinqs in addition to,all other awards of the court or the
arbiter hearing the matter.
'IN WITNESS WHEREOF, the parties have signed this Aqreement the
date above written. ^
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NORTgWOOD PROP$RTIES, INC. ,
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By ~s
THEODORE G. GUNNING, President WILLIAM J. LAWSON
By &4 4&4e~
DIANE D. GUNNING, Secretary CAROL LAWSON
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SZHISIT "A" ;
Parcel 8:
That port3.on of the South half of the Northweat Quarter of Section
9, Townehip 25 North, Ranqe 44 E.W.M. Spokane County, Washington,
described ae follows:
Heqi.n at the centerline interaection of Howdieh Road and Jackeon
Avenue, thence South 69 32130"West, alonq the centerline of Jackson
Avenue, a distance of 580.00 feet; thence South 00 08'10" Baet
parallel with tbe Bast line of eaid Northwest Quarter, a distance
of 30.00 feet to the South right of way line of Jackson Aveaue;
thence continuing South 00 08 • 10" Eaet a distance of 60 . 00 feet to
the True Point of Heqinninq; thence South 89 32 • 30" Weet a distance
of 64.17 feet; thence South 50 53' 26" west a distance of 249.71
feet to the Northeasterly right of way line of Moatgomery Drive,
said point is on a curve coacave to the Southwest havinq a rad.iuB
of 1030.00 feet, a radial li.ne tbrouqh eaid point bears North 41
41013" Bast; thence Southeasterly, through a central angle of 9
1211311, an arc distance of 165.45 feet to end of curve; thence
South 39 06934" East a distance of 50.26 feet; thence North 50
53•26" $ast a distance of 145.05 feet to a point 580.00 feet West
of the centerline of 8owdish Road, measured along a line parallel
with the centerline of Jackeon Avenue; thence North 00 08910" West
parallel with tbe centerliae of Bowdish Road, a distance of 225.00
feet to the True Point of Beqinning;
$XGBPT thoee portions conveyed ta Spokane County as described in
Riqht of Way Deeds recorded under Auditor's File Nos. 7308210258;
7308210259 and 7308210263;
Parcel B:
That portion of the South half of the South half of the Northwest
Quarter of Section 9, Towaship 25 North, Range 44 B.W.M. Spokane
County, Washington, descr3.bed as follows:
Beqin at the centerline intersection of 8owdieh Road and Jackson
Avenue, thence South 89 32'30" West, alonq the centerline of
Jackson Avenue, a distance of 580.00 feet; thence South 00 08•10"
East, parallel with the East line of said Northwest Quarter, a
distance of 30.00 feet to the South riqht of way line of Jackson
Avenue and the True Point of Beginning; thence continuinq Soutb 00
08110" East a distance of 60.00 feet; thence South 89 32'30" West
a distance of 64.17 feet; thence South 50 53 • 26" WeBt a distance of
249.71 feet to a point on the Northeasterly right of way line of
Montqomery Drive, eaid point is on a curve concave to the Southwest
hav3.ng a radiue of 1030.00 feet, a radial line througb said point
bear6 North 41 41413" East; thence Northwesterly, alonq said
Northeaeterly right of way line throuqh a central anqle of 9
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' 25151", an arc dietance of 169.54 feet to the beqinninq of a curve
concave to the East havinq a radius of 25.00 feet; thence,
_Northwest, North and Northeasterly, through a central anqle of 1,08
57429", an arc distance of 47.54 feet to the,beginning of a curve
concave to the SoutheaBt havinq a radius of 335.88 feet; thence
Nor-theast and 8asterly, throuqh a central angle of, 38 19039", an
arc dietance of 224.68 feet to end of curve and a point on the
South riqht of way line of Jackeon Avenue; thence North 89 32130"
Sast, alonq eaid riqht of way liae, a dietance of 187.69 feet to
the True aPo'int of Beqinning;
EXCEPT those portions conveyed to Spokane County as described in
Riqht of Way Deede, recorded under Auditor's File Nos. 73082102,58,
7308210259, and 7308210263.
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PROIrIISSORY NOTB
$123,223.50 Spokane, Washinqton
March 148, 1991
FOR VALUE RECBIVBD, the undersiqned prom.iee to pay to the
order of NORTHWOOD PROPBRTIBS, INC., a Washinqton corporation, or
order the principal sum of One Hundred Twenty Three Thousand Two
Hundred Twenty Three and 50/100's Dollars ($123,223.50), toqether
with interest at the rate of Nine percent (9$) per annum,
commenaing March 14, 1991.
Thie Note plus all interest accrued thereon, shall be payable
in monthly installments of $1,249.78 or more, due on or before the
firBt (let) day of each inontb, beqinning April 1, 1991, aad
continuing until note is paid in full. A balloon payment in the
amount of $15,000.00 shall be due on or before Auqust 1, 1991 and
a eecond balloon payment in the amount of $15,000.00 shall be due
on or before December 1, 1991.
In the event any of the payments due hereunder from the
Notemaker are more than fifteen (15) days late, the Notemakers
shall make an additional payatent to the Noteholder in an amount
equal to f ive percent ( 5$) of the monthly payment as and f or a late
payment. This eum shall be paid in addition to the delinquent
payment and failure to pay such penalty shall constitute default
under the terms of th.is Note.
, All or any part of the pri.ncipal may be prepaid, together with
interest accrued thereon, at any time without penalty. Al1
payments made under this Note shall be applied first to the
interest due to the date of payment and the balance to principal.
The whole of the unpaid principal, plus accrued interest,
shall become due at the option of holder after default in the
payment of principal or interest hereunder which default ie not
cured within ten (10) days after notice to the undersigned.
Each party eiqninq this Note siqns as a maker and principal
and not as a surety and hereby waives presentment, demand, and
notice of non-payment, and agrees to be bound by the terms hereof,
deepite any extension or modification which may be qranted to any
party hereunder.
Should interest not be paid when due under this Note, it shall
earn like interest as the principal, but such unpaid interest so
compounded shall not exceed an amount equal to interest on the
unpaid principal or the maximum rate permitted by law.
No delay or omission in the exerciae of any right or remedy of
the holder of this Note on any default by the maker shall impair
such a right or remedy, or be construed as a waiver. The receipt
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and acceptance by the holder of delinquent inetallments of
principal or intereet shall not conetitute a waiver of any other
default; it ehall constitute only a waiver of timely payment for
the particular inetallment payment involved.
Should leqal action be required to enf orce or interpret any of
the provisione of this Note, the prevailing party ehall be entitled
to all coets and reasonable attorney's fees incurred in connection
therewith.
If there are multiple makers of this Note, each such maker
shall be jointly and severally liable for all obliqatione set f orth
herein, alonq with each other maker.
All paymenta coming due hereunder shall be made iA lawful
money of the United Statee, and shall be made gayable into an
eecrow account with Allegro Becrow Servicee, whose address is S.
12817 Sprague, Spokane, Washinqton, 99216.
This Note ie secured by a Deed of Trust of even date,
encumbezinq certain real property located in Spokane County,
Waehington.
~G~~~ LlGvfvt l"AJ~o~. ~~Afl,Q~I~
WILLIAM J. LAWSON CAROIr LAWSON
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Filed for Record at Request of
BENNETT & ASHENBRENER, P.S.
East 9415 Ttent Ave.
Spokane, Washingtoa 99206
SUBORDINAZ'LON AGREEMENT
NOTICE: TMS SUBORDINATI4N AGREEMENT lttESULTS IN YOUR SECURITY
INTEREST IN THE FROPERTY SECOMING SUBJECT TO AND OF LOWER
PitIORITY THAN THE LIEN OF SOME OTHER OR LATER SEC URITY INSTRUIVIENT.
The undersigned subordiaator and owners agrees as follows:
1. NORTHWOOD PROPERTIES, INC., referred to herein as "subordiuator,"
is the owner and holder of a mortgage dated March 14, 1991, which is record'ed in Volume
- of 'Mortgages, page uader auditor's file No. , records of
Spokane County.
Z• , referred to herein as "lender,"
is the owner aad holder of a mortgage dated , executed by
,(w h ich is recorded in volunle of Mortgages,
psge under auditor's file No. records of Spokane
County) (wbich is to be recorded concurrentJy -herewith).
3• WII.LIAM J. LAWSON and CAROL LAWSON, referred to herei.n
as "owner," is the owaer of all the real property descn'bed in the mortgage identified above
in paragrapb 2.
4. In con.sideration of bene5ts to "subordinator" from "awner," receipt and
sufficiency of which is hereby acknowledges, and to induce "lender" to advance funds under
its mortgage identified in Puagraph 1 above to the lien of "lender's" mortgage, identi.fied
in Paragrapb 2 above, and all advances or cbarges made or accruing thereunder, including
any extension or tenewal tbereof.
5. "Subordinator" aclmowledges that, prior to the execution hereo& he has had
the opporiunity to examine the -tenns of "lender's" morWge, note and agreemeats relating
theteto, consents to aad approves same, and recognizes that "Iender" has no obligation to
"subordinator" to advance any funds under its mortgage or see to the application of
"lender's" mortgage funds, and any application or use of sucb funds for purposes other than
those pravided for in such mortgage, note or agreemeats shall not defeat the subordination
berein made in whole or in part.
6. It is understood by the parties hereto that "leader" would not make the Ioan
secured by the mortgage in Paragapb 2 without this agreement
7.. Tbis agreement shaU be the whole and only agreement between the parties
hereto wnth tegard to the subordination of the hen or charge of the aiortgage first above
mentioned to the lien or charge of the mortgage in favor of "lender" above referred to and
shall supersede and cancel any prior agreements as to such, or any, subordinatioa includin,g,
but not limited to, those provisions, if any, , coDtained in the mortgage first above 11
meatioaed, which pravide for the subordination of the lien or charge thereof to amortgage
or mortgages to be thereafter executed,
8. The beirs, administrators, assigns and successors in interest of the
"subordinator" shall be bound by this agreement Where the word "mortgage" appears
. ' 1
herein it shall also be considered as "deed of trust," and gender and number of pronouns
considered to conform to undersigned.
Executed tbis day of , 19 .
NOTICE: THIS SUBORDINATION AGREEMENT CONTAINS A PROVISION WHICH
ALLOWS THE PERSON OBLIGATED ON YOUR RFAL PROPERTY SECURITY TO
OBTAIN A LOAIrT A PORTION OF WHICH MAY BE EXPENDED FOR OTHER
PURPOSES THAN IMPROVEMENT OF THE LAND.
OWNER SUBORDINATOR
STATE OF VPASHINGTON )
) ss.
COUrITY OF SPOKANE )
On this day personally appeared before me WILLIAM J. LAWSON and CAROL
LAWSON, to me kaown to be the individuals described in and who executed the within
and foregoing instrument, and acknawledged that they signed the same as their free and
voluntary act and deed, for tb►e uses and purposes therein mentioned.
GIVE u de hand a official seal this 6da of ~ 91.
Y Y r
Notary bL in and fo the
of Washington, residing t S okane
My commission expires:
STATE OF WASHINGTON )
) ss.
COUNTY OF SPOK;ANE )
On this day personally appeared before me THEODORE G. GUNNIlNG and DLANE D.
GttNNING, to me laiowa ta be the President aad Secretary, respectively, of
N4RTHWOOD PROPER'IIES, INC., a Washington corporation, the corporation that
executed the foregoing instrument, and acknowledged the said instrument to be the free
and voluntasy act and deed of said corporation, for the uses and purposes therein
aientioned, and on oath stated that tbey are authorized to execute the said instreiment.
GIVEN under my band and official seal this day of 11991.
NOTARY PUBLIC in and for the State
of Washingion, residing at Spokane.
My commission expires:
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~REQUEST FOR FULL RECONVCYANCE
The undersigned beneficiary is the legal owner and holder of the Promissory Note
ia the original sum of $123,223.50, secured by that certain Deed of Trust dated Marcb 14,
1991, in which WILLIA1Vi J. LAWSON and CAROL LAWSON is Grantor and
'IRANSAMERICA 'ITTLE INSCTRANCE CAMPANY is 1Yustee, filed for record on _
, 1991, as Auditor's File No. ~
and recorded in Volume of Mortgages, at page , records of
Spokane County, Washington.
The note and all other indebtedness secured by said Deed of Trust baving been fully
satisfied, the note and Deed of Trust aze herewith sutrendered to you far cancellation and
reconveyance.
You are therefore requested, upoa payment of aU sums owing to you, to reconvey
without warranty, to the person(s) entitled thereto, the right, title and interest now held by
you thereunder.
DATED , 19 .
NORTHWOOD PROPERTIES, INC.
By .
THEODORE G. Gi;NNING, President
By
DIANE D. Gi:NNING, Secretary
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Whea Recogded Retura to:
BBNNBTT b ASBENBRENER
8. 9415 Trent Ave.
Spokane, WA 99206
STATLTTORY WARRANTY D$ED
TBS GRANTOR NORTBWOOD PROPBRTI$S, INC., a Washinqton corporation,
formerly GUNNiNa BUiLD$RS, INC., a Washington corporatiom, for and
in conaideration of Ten Dollar,s ($10.00) and other good and
valuable considerat3.on, in hand paid, conveye and warrante to
WILLIAM J. LAWSON and CAROL LAWSON, hueband and wi f e, the f ol lowing
deecrfbed real estate, eituated in the County of Spokane, State of
Waehinqtonus
Parcel Aa
That portion of the South half of the Northwest Quarter of Section
9, Township 25 North, Ranqe 44 E.W.M. 3pokane County, Washinqton,
described as follows:
Begin at the centerline intereection of Howdish Road and Jackean
Avenue, thence South 89 32' 30 "West, alonq the centerline of' Jackeon
Avenue, a dietance of 580.00 feet; thence South 00 08110" Eaet
parallel with the Baet line of eaid Northweet Quarter, a distance
of 30 . 00 f eet to the South riqht of way lf ne of Jackson Avenue;
tbence continuinq South 00 08010" East a distance of 60.00 feet to
the True ftint of 8eqinninq; thence South 89 32' 30" West a distance
of 64.17 feet; thence South 50 53'26" West a dietance vf 249.91
feet to the Northeasterly riqht of way line of Montqamery Drive,
said point is on a curve concave to the Southwest havinq a radius
of 1030.00 feet, a radial line tbrouqh said point bears North 41
41013" Baet; thence Southeaeterly, throuqh a central ar.qle of 9
12113", an arc dfatance of 165.45 feet to end of curve; thence
South 39 06134" Bast a distance of_ 50.26 feet; thence North 50
5302611 East a distance of 14545 feet to a pofnt 580.00 feet West
of the centerline of Bowdish Road, measured alonq a line parallel
with tbe centerline of Jackson Avenue; thence North 00 08110" West
parallel witb the centerline of BowdiBh Road, a distance of 225.00
feet to the True Point of Beqinninqj
8XC$PT those portions conveyed to Spokane County as described in
Riqht of Way Deede recorded under Auditor's File Nos. 7308210258;
7308210259 and 7308210263j
BXCEPT any portion lying within the Weet 1890 feet of the South
half of the 3outh half of the Northwest Quarter of Section 9,
Townahip 25 North, Ranqe 44 E.W.M., Spokane,, County, Washfngton.
AND SXCEPT any portion lyfnq withfn Jackson Road.
g,arcel B a
That portfon of the South half of the South half of the Northwest
Quarter of Section 9, Township 25 North, Ranqe 44 E.W.M. Spokane
County, WaBhinqton, described as follows:
Begin at the centerline intersection of Bowdish Road and Jackson
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Avenue, thence South 89 32130" West, alonq the centerline of
Jackson Avenue, a distance of 580.00 feet; thence South 00 08110"
East, parallel with the East line of said Northwest Quarter, a
distance of 30.00 feet to the South right of way line of Jackson
Avenue and the True Point of Heqinninq; thence continuing South 00
08110" East a distance of 60.00 feet; thence South 89 32130" West
a dietance of 64.17 feet; thence South 50 53' 26" West a distance of
249.71 feet to a point on the Northeasterly riqht of way line of
Montqomery Drive, said pofnt ie on a curve concave to the Southwest
hsvinq a radius of 1030.00 feet, a radial line through said point
beare North 41 41113" Sast= thenae Northweeterly, alonq said
Northeasterly right of way line throuqh a central angle of 9
25' S1" , an arc df stance of 169.54 feet to the beginninq of a curve
concave to the East havinq a radius of 25.00 feet; thence
Northweet, North and NortheaBterly, throuqh a central angle of 108
57129", en arc distance of 47.54 feet to the beqinning of a curve
concave to the Southeast havinq a radius of 335.88 feet; thence
Northeast and 8asterly, tbrouqh a central angle of 38 1913911, an
arc distance of 224968 feet to end of curve and a point on the
3outh right of way line of Jackson Avenue; thence North 89 32130"
8aet, alonq eaid right of way lfne, a distance of 187.69 feet to
the True Point of Beqinninq;
8XC8PT those portione conveyed to Spokane County ae described in
Riqht of Way Deede, recorded under Auditor's File Nos. 7308210258,
7308210259, and 7308210263.
EXCBPT any portion lyinq within the Weat 1890 feet of the South
half of the South half of the Northwest Quarter of Section 9,
Townehip 25 North, Ranqe 44 E.W.M., Spokane, County, Washington.
AND EXCEPT any portion lying within Jackson Road.
8V9JECT TOt
1991 qeneral real eatate property taxes; Right of Way Easement in
favor of The Washinqton Water Power Company for an electrical
distribution line and telephone system with the right to inapect
8aid line and to remove brush and treee recorded September 13, 1940
under Recordinq No. 457727A; Reeervationa contained in deed,
Spokane Valley Irrigatfon District No. 10, Grantor, reco=ded on May
71 1959 under Recording No. 6213628 for aonstruct3.on, repaira and
maintenance of ditcheB, flumea, pipelines and electrical lines;
8asement in favor of The Washiagtan Water Power Company for the
right to erect, construct, reconstruct and maintain underqround
dietribution line recorded on June 26, 1985 under Recording No.
8506260134; Memorandum of Lease wherein Lessor is Fred Meyer
Properties, Inc. and Lessee is Roundup Co. recorded March 26, 1976
under Recordinq No. 7603260148.
Dated thia day of , 19910
HORTBWOOD PROPERTIBSN, INC.
TBBODORB GUNNING, President
DIANE D. GVNNING, Secretary
BTATS OF WASBINGTON )
) ss.
COUNTY OF SPOKANS )
On this day personally appeared before me THEODORE GUNNING and
DIANS D. GUNNING, to me known to be the President and Secretary,
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reepectively of NORT'WH00D PROPERTIES, INC, the corporation that
executed the foreqoinq instrument, and acknowledged the said
instrwoQent to be the `free and voluntary act aad deed of Baid
corporation, for the uses and pur.poses therein mentioned, and on
oath stated that they are authorized to execute the said
instrument.
GzVEN under my hand and of f icial seal this day of March, 1991.
Notary Publio in and for the State
of Washinqton, residinq at Spokane.
My commiesion expireas
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1'~#e'A ReCtirt3e$ Ret11rII T+D t
$ENNSTT & ASH$NBRBNEIR
E. 9415 Trent Ave.
Spcrkane r WA 99206
nEED OF TRusT
TBIS DBED OF TRUST, made and entered into thie day of Marchr
I991, between WILLIAM J. LAWSON aud CAROL LAWSON, husband and wifs,
GRANT'OR, whoee addresa f.s E. 11802 Mansfield, Bay #3, Sgokane# WA 99216,
TRANSAMERICA TITLE INSURANCE CO1KPAI►iXr acorporation, TRUSTEE, whose addreea
ie 1200 Sixth Avenue, Seattl.e, Wasbington, and NORTSWQDD PROPERTIBS, INC. f
a Waahington corporatian, BENEk'ICIARX, whase address is E. 9616 Montgflmery,
Sgokane, Washington 99206, WITNESSETHt Grantor hereby ba.rqainstse11s aAd
convey►s to Trustee in Truet, with pawer of sale, the fallowing described
real grogerty iri 5pakane Caunty, Waahingtons
Fj,,,rcel B:
T'hat gortion of the south half of the 3auth half of the Nartbwest
Quarter of Section 3, Tawnehip 25 North, Ranqe 44 B.W.M. Spokane
County, Washington, described as #ollowss
Begin $t the centeriiAe intersection of Sowdieh Roati and Jackson
Avenue, thence Sauth 89 32130" West, along the centerline of
Jackeon Avenue, a distance► of 580. 00 feet; thenae South 04 08' 1011
Baet, parallel with the East line of said Northwest Quarter, a
distance of 30.00 feet to the south right of way line of Jacksan
Avenue and the True Paint of Beqinning; then+ce continuinq South
00 081100 East a distance of G0*00 feet; thence 5+auth 89 32' 30"
Weet a dietance of 64,17 feet; thence 5outh 50 531,2611 West a
distance of 249.71 feet to a goint on the Northeasterly right of
way ].ine of Montgoatery flrive, said goi.nt is on a curve concave to
the Southwest hav3.ng a radius of 1030 . 00 feet, $ radi.al line
through said point bears North 41 41' 13" Eaet i thence
Nas-thweet+erly, alanq safd Northeasterly right of way line through
a central anqle of 925151", an arc digtance of 169.54 feet ta
the beg#,nnin+g of a curve conaave to the Bast having a radius of
25.00 feet; thence Northwest, North and Northeasterly, through a
verttral anqle of 108 57' 29" p aa arc dietance of 47 .54 feet to the
beqinning of a curve conaave ta the Southeast hav3.rig a radius of
335.$$ feet; thence Northeast and Eaeterly, through a central
angle of 38 19'39", an are diatance of 224.68 feet to end of
cuaeve and a ga3.nt on the South right of way Iine of Jackeon
Avenue; thence North 89 321301' Hast, alang said riqht of way
line, adistarice of 187.69 f eet to the True Poinrt of Beqinnin+g:
SXCEPT those partioas conveyed to Spaka►ne County as described in
Rf ght of Way Deeds r recorded under Auditor' s File Nvs.
730e210258, 730e210259, and 7308210263.
srhiob sWA propextY is nat nsed gsincipslly !or agrl.aultnrax er tasmirig porposse, togaLhar yftb all ths taaemeatr,
1l6ledilWWAE*# md ipp1!!tla71bi1 na0r Ot hfrfaftet tllesaunto belmigilsg 4c in anY tfiaM •ppeataioiqgt iad tbe icintso issues aAd
pratsts th.nat.
Ws dt~d in fot t6e putpos• al awatirriag pesfosmaaQS of eaali aqseammnt of grantar beraiA coaL"aed, asw pe►ymeit a! tha arsm
at One Hundreti Twenty Three Thousand Two Hundred Twenty Three and 50I 100' s
DO1.Y8r$ ( $ 12 3j 2 2 3 • J' 0 ) yith interest, in acao=daaaa with the tatms of i promiffdry DotO og svan datv hsrewi*h,
P+►Yabi• to deut3oiarp vs ardarf and made by, Orantatt and all can+nralwg awdi#iaetiaas aad txtendions thesaal# asnd alsa +u+sK
fn.stbar sm+r ss Qap 6t advaoaed or loaned by sensficiaty to OrmOewct or wny of thais suaoeaaora ar aos9.gas, ttgather yrith
intesyst lhesama at snah rat• as shsLl !xe aqrsed ugoa.
20 pxateat tba eteurity of ehts Dsad ei Trast, oraAtar CCIi►ehaAts and agreesr
1. To keap the ptaparkp ia qoad aaadit#,vn and rapair; to paami.t po waater theroafs ko a=gleta any huildtn4.
rtimesyri em iMsavamsnt bsinq bailt ar abaut to ba built t6sftoal to restore pcmaptly any buGild3ng, strticrture or impravamsat
thereaa wlxiaa m&p bs damagad or deattoyed; aad tQ cmmply with s31 leWer ordinaztaoex ragOationa, aavesacte, coa4itions snd
sestrfestiaua affectiaq tha propsrlty.
Z. To a►y botere dolia►pent s).1 lerrivl texse aad amee4omeats ttgoid th# pzvpsstyg to kaap the prapartg fraa and alaaz
of all +ather c"rio, liani or 04eumbren0e6 im$airfag the iiov.rity of thi■ ased o! TsasL.
3. Ta kesp a11 build.inq■ tiaw ac bereatter exeeted em tha prap*tLp dssasiled hsral.n aaatiawaualy ituured aqainat Ioss
a
♦ .
.
by liss or olhss hasasds iA aa amount aoL lees thaa the taLel dabt eeaured by tbie Cead ot Truet. 1►11 policiea ehall be held
bp the Boastioiasyp ated be in ancb oampanies ns the Bensfioiarp mey approve and Aavs loea payable iiret to the 8easticinry,
•n i!s iater*st. may appeas# aad tQsa to ebs Granlor. The amount colleatsd undsr aay ineusanae policy may be appliod upo4
aap iadebteda~ss heseby seonrsd ia •aok ordes ae tho earefioiary shall aetesmiae. Sucb apglicatior, by the Beneticiary ehell
pot aaase disonatiauanae of any prooeediAqs to tosaalooe `his Dasd of Trust. Ia the eveat of forecloausa, sll rights ot the
Osmtos ia isuuranoe Palioie• tiheA in locoe shnll paes to the purobsses at the fo:eoloauro oale.
4 . To dalead aAy aatior► os proceedinq purparting to attect the eeonrity hereot or the righte or parare ot BeaeEiciary
os 'husloo# aod to pay all aaat• aud espensea, iaoladlag coat oi litle seaseb sad attosooyms fees in a sensonable amouat,
la any sncd aatio4 os proaeediag, aad ia anp euit brought by 8enetioiery to torecloae this Deed of Truei.
S. To psy all Qosls, ide• and expsoses in aonneotioa vith tltie Deed o! Truet, iaaluding the expenses oi the Tswlee
inauesed ia enioroiag the obligatioa •ecused hereby sad Trsateel• and attorpey s• lees actually iACwrred, u provided by
sCatuto.
6. SLanld t3raotor tail to pay vben dn• aay tases, assessmonts, ieuuranae premiuau• lieas, eeoumbsemees os other
alias"o aqainut the psop+rty heraiaabwe demosibesl. eenelioiary msy pay the •am*, aad the amoust so paid, with iaeereat at
the tate •st lostb !►n the aot• •eoused herebq, aball be addad to and bsame a psrC ot the debt •eavsed la this f1eed ot Tsvet.
R 18 N[UTUALLY AaREED THAT:
l. Ia the eveot any postioa of the gsogarty ia taken or damaged ia aa eaoineaL damaia proosedinq, the entire amount
ot tho arasd os snob portioa as may be necoesery to tully satiely the obligatioa eeaured hsseby, eMli !te paid to Beneticiary
to bo agp2ied to •aid abligation.
2. 8y acaepting payaent oi aop aam seavred hereby after its dne date, 8eneticiszy doe• not wsive its sigAt to rsquire
praopt paymnt vhea dno ot a11 oLAes sums •o *aaured os to deolari delault !or tailura to •o pap.
3. 2M Tsuates •Dall reaomrep a11 os aAy past oi the ps+oposty aovered hq this Osed oi Trust to the peraon entitled
tbssrlop em vritLeo spuest oi the Oraotor aad the Bensiiciasy, or upan satisfactian of the obiigstion secured md vritteA
sequest oi srconvoyaaae ma+ds bp the Sensiiaiary os th9 pessoo e4titled ttieseto.
4. Opoa delauit by Orantor ia the paptaeat of aAy irAhibtedAess sscused btreby or in the periosmaaee oi anp aqseameat
aaataiaed lumini all amu ssaused bereby sDali iawdiaLolp beems du• aad psyabls wt the option of the Sonofiaiasy. ia anch
event sad apaa vttttsa s+oquest oi 8ansiiolasy, Tsnstas oUI1 st11 the trust psoperty, ia aeaordauee vitb the Deed oi Tsust
Aot o! the ftate ot Yubiaqlaa, at publio sna!!oA eo ttu bigAest biddst. 71uq peraoa etce8t Tsuatee msy bid at Tsustees e sale.
TmLN ahall applp the psoaeods ot !ds sa1e u tollowe (1) to the espeASe ot the sale, iaclndiag a renaaaable Trastae,s
ta aad attosasp•• toe= (Z) to the abllqalion •eeured by thi• Deed o! Tsnetf (3) the susplneg, it aoy, ehell be distsibuted
td the passous aatitled ehareto.
S. Sstistss •lsall deliws to !tie guzoAsaes at the sale its daad, vithant warrsaty, vhiaA ehnll coavay to the purchaaer
thA iatwut ia the ptopasty vhiab Osaalas bad os 6ad the povsr to aonvey at the time ot bie sxeautioa ot this Deod of Trnst,
aad saoA u he may dave aaqnirsd lhsseaitet. ssustesi• deed shall recite the taots sbvooing thst the eale vae coaducted ia
aa~pliaaa~ vith all the requisameat• of lar aad ot tbis Dead ot Tsvat, whioA raoital ehsll be prlma geaie evideeee oi ducb
camipliaaae aad ooaclneive ovidena• thereoi io tsvor of bosu lids pwabusr aad •navmbsanaes !os valus.
g. The pov-s ot •ale aoalerreII by thi• Deed ot Tsvst aad by the Deed ot Trust Aot oi the stste of Nsehiaqtoa i• aot
aa ssalwive ssaedyl eoastioiaty tosy oause this Dead o! Tsvst to be loseolosed u a mortqaqe.
7o ta the waot of the deatb, iaoapaoitp, disabilitp os rasigaalion oi Tsuatee, 8easiiciarq may aggoint la vsitiaq
a anaaaisnr tswta,, aad npoa the seoosdin9 0g snob appotatmsat it► the mortgaqs raoosds oi the aouaty in vhiab tlsis Oesd ot
lsnst is s+saasdW, !!u suaaessor tswtes shall 1e vested vilb all parass of the osigiaal tsvstes. Tbs truste• is aot
obliqatsd to aotity aap pasly hasrto of pending •a1e uadet say othsr Desd oi Tr+ist os ot aay aotioa os Proosediaq ia rhiab
Osaatot, '1'sutlse os 8ensliQiasy slull be • psstp ualet• •aeb aetioa os proasediag is bsougbL by the Tsvatoe.
S. Tbis Dmd ot Trost applies to, ioure• to the bsastit o!, uLd is biading aot only aa the pnrtie• bsseto, bat on
tdeis b&in, dwiaess, laqate*&, adaioistsatore, axoautoss aad usiq". T1►e tesm 8rastieisry •ball mean the holdsr aad ownar
of the oats •eaos+d besebjlt +rluLhes os not aaraed u 8eaetioiary heroia.
id4oft
wizL~s J. LAW30N
cARoz LAwsoN
sTJLTB og WAssINGzoR ~
covNrY oF' spoxAN8 ~
On thie d'ay personally appeared before me WILLIAM J. LAWSON and CAROL
LAWSON, to nie known to be the individuals described in and who executed the
within and foreqoinq instrument, and acknowledged that they signed the same
as their free and voluntary act and deed, for the uaes and purposes therein
mentioned. ~
aIYEN de hand fficial aeal thfa day of March, 1991.
No ' ublic n and &c the State
of Washington, residing at pok n.
MY comm~ission ex iree a -/s ' P
t
~
BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, IrIASHINGTON ,
FINDINGS AIID CONCLUSIONS REGARDING ZONING MAP PROPOSAL,
ZE-50-72 BROCKMAN-ROTHROCK, INC.
WHEREAS, This matter has been before the Spokane
County, Planning Commissian for public hearings on May 12,
1972, December 1, 1972 and March 9, 1973; and
WHEREAS, The Spokane County Board of Cor:unissioners
has held public hearings on June 15, 1972 and April 18, 1973;
and
WHEREAS, Opposing parties have been represeated by
legal counsel and have been afforded every opportunity to
present evidence both oral and in writing and to express their
views at the public hearings; and
WHEREAS, The Board of County Commissioners has fully
considered the testimony given at hearings of the Board, the
records and minutes of the Planning Commission, the.Environ-
mental Impact Statement, and all other evidence presented; and,
IaHEREAS, The members of the Board of County Contimis-
sioners have personally inspected and acquainted themselves
with the site, and the proposed use and questions surrounding
this issue and have reviewed the zoning statutes, background
and history of the site and of the property in the vicinity.
NOW, THEREFORE, The Board of County Conunissioners
makes the following findings of fact:
.
fr '
i
~
r
t
I On April 12, 1972, 8rockman-Rothrock, Inc., filed
a petition to change the county 2one mdp from the existing
agricultural classification to restricted industrial classifi-
cation on the property described as follows:
The West 1,890 feet of Section 9 lying south
of Jackson-Mansfield Avenue extended as herein
below provided, and north of the Spokane Inter-
national Railroad right of way in Section 9,
Township 25 N., Range 44, E.W.M., Spokane County,
Washington.
,
II
The area in question is approximately 50 acres in
size and is located in an industrial corridor indicated on the
Comprehensive Plan and extending generally between Trent Road
and Pines Road along both sides of the Union Pacific and Surling-
ton Northern Railroad tracks in that area. That a substantial
wrecking yard and railroad tracks are adjacent land uses and
that property approximately 1,000 feet to the west of the sub-
ject property is zoned in an identical classificata.on (Restricted
Industrial).
III
That the property in question is in an area developing
to urban uses, that the soils of the site are not prime soils
for agricultural use and that, consequently, to limit the use
of the site to agriculture would be unreasonable. That the
property in question is bette= suited for restricted industrial
use than for residential use because of the proximity of the
-2-
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~p` l _ • 1 K' , ~ ~ ~ w f F~ r N + ~
/J ^ ~ ~ry., t0 a
~ .1 , y1 fl ~ L f 7 ' ' L 'a -a o o r
. . r o ~ ~t ~ . * } r ^ ~ 1 r ,r
• T r T1til
d e ~ a # r 1.1
0
~ ^ R ♦ } :
D '
~ • o
,
railroad trac&s and, t-be wreV*ivLg yard', and~ becavise xe4ident3.a1
. ,
development would -place unanticipated '4demands ; upon schools P . I , e ,
and other public services. The neighborinq water district will
benefit substantially by the water facility improver:tents to be
made as well as the school district by the payrnent of substan-
tial taxes by the developer without a corresponding increase
in local school enrollment.
IV
The subject property is a practical and reasonable
site for the location of the Roundup Company warehouse. The
Roundup Company warehouse is necessary to the operation of the
Roundup in Spokane County as a wholesale groceay company. Round-
up Company performs a business function which is essential and
beneficial to the Spokane areae
V
Notice was givsn and public hearings were held as
required by law.
VI
The Spokane County Planning Commission on May 12, 1972
recommended that the proposed zone change be granted subject
-
to the following conditions:
1. Location and Orientation of Structures.
The advertised property shall be developed in
substantial conformance with the approved de-
velopment plan; i.e., the warehouse-transfer
building shall be located in the southern
portion of the project, the truck maintenance
3-
~
facilities and parking areas shall be located
in the central portion of the project, and the
office building and employee parking areas
shall be situated in the northeast quadrant of
e psoposal.
2. p dication 4nd Improvement of R/W.
Mansfield shall be dedicated to a width of
60' from Wilbur to its intersection with Jack-
son in an alignment acceptable to the County~,~.._
Engineer and shall be paved and C
County specifications at the owner's or appli-
cant's expense. Jackson Avenue R/W shall be
widened to the south by 20' from University
to its intersection with the newly dedicated ,
Mansfield. Improvement to Jackson shall in-
elude curbing and paving to existing oil.
IIniversity Road shall be widened as indicated
on the approved development plan and shall be
, improved by the installation of curb and
paving. A good and sufficient bond to cover
the cost of required roadway improvements and
landscaping as specified in the approved
landscape plan described below shall be re-
quired in an amount to be approved by the
County Engineer and Planning Director prior
to approval of the Zoning Resolution.
' 3. Landscaping and Site Development Plan.
Prios to approval of the Zoning Resolution by
the Board of County eommissioners, a landscape
and site development plan shall be.approved
by the Director of Pla,nning. The Plan shall
specify the variety, number and location of
turf ed ..areas , trees, shrubs, and other plants ;
desiqn and specifications of parking areas and
internal roadways; access points to adjoining
public roads; exterior lighting and siqninq.
The Plan shall provide at a minimum:
a. For a sight-obscuring screen along
Jackson Avenue;
b. For appropriate turf and shrubbery
around the affice build.ing and truck
maintenance shop;
,
c. For paving of all parking areas and
internal roadways;
d. That exterior lighting and signing
be designed and located in such a
manner as to not produce a glare upon
adjacent properties.
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, • « - -
~ r 4
1
e
4. Utilities and Sewage Disposal.
As a condition of the issuance of building
permits upon the site, the applicants shall
install a mechanical sewage treatment plant
satisfactory in desiqn to the-Countiy Health
District and shall install fire hydrants at
such locations as may be required by the Valley
Fire Marshal toqether with adequate water mains
to supply such hydrants.
VII
The matter was then transmitted to the Board of County
,
Comrnissioners which held a further public hearing and on August
3, 1972, approved the proposed zone change subject to the fol-
lowing conditions:
1. I.ocation and Orientation of Structures.
The advertised property shall be developed
in substantial conformance with the approved
development plan, i.e., the warehouse-transfer-
office building shall be located in the southern
portion of the project, the truck maintenance
facilities and parking areas shall be located
, in the central portion of the project.
2. Landscaping and Site Development Plan.
As a condition of the issuance of building ~hya,Q_ C3^-k
permits upon the site, a landscape and site
development plan shall be reviewed by the
Director of Planning.and approved by the
Board of County Comma.ssioners. The plan
shall specify the variety,number and locatian
of turfed areas, trees, sh=ubs, and other
plants; design and specifications of parking areas and internal roadways; access points `
to adjoining public roads; exte=ior light-
ing and signing. The plan shall provide
at a mirximum :
a. For a sight-obscuring screen along
Jackson Avenue;
b. For appropriate turf and shrubbery
around the truck maintenance shop;
c. For paving of all parking areas and
internal roadways;
-5-
d. That exterior lighting and signing be ,
designed and located in such a nanner
as to not produce a glare upon adjacent
pzoperties. An appropriate guarantee
to cover the cost of landscaping as
specified in the approved Landscape Plan
shall be required in an amount to be
approved by the Planninq Director.
3. Utilities and Sewaqe Disposal. v
As a condition of the issuance of building per-
mits upon the site, the applicants shall install
a mechanical sewage treatment plant satis-
factory in desiqn ta the County Health Dis-
trict and shall install fire hydrants at such
locations as may be required by the Valley
Fire Marshal together w3.th adequate water
mains to supply such hydrants. -
4. Dedication and Improvements of Right of WaX.
A new roadway dedicated to a width of 60' and
improved to Spokane County specifications shall
be constructed at the*applicant's expense.in an
alignment acceptable to the Sgokane County
Engineer, starting at a point 250 feet more or
less easterly of the Indiana Avenue-wilbur Road
intersection, thence proceeding northerly across
the Union Pacific and Burlington Northern tracks
in the Wilbur alignment, thence proceeding to
a point near the Bates and Mansfield Avenue inter-
section, thence proceeding northwesterly to
intersect with Jackson Avenue at a point 1,100
feet more or less west of the Jackson-Bowdish
intersection. r
The Jackson Avenue R/W shall be widened to the
south by 20' from University to its intersection
with the above-described roadway. Improvements
to•Jackson Avenue shall include drainage control,
and pavement widening. University Raad shall
be widened as indicated on the approved Develop-
ment Plan and shall be improved by the installa-
tion of paving and drainaqe control.
The applicants and the property owner shall
dedicate at no cost to Spokane County all
property required for the above-described
roadways and owned by them at the time of filing
of this 2oning application. The applicant
shal1 deposit to the account of Spokane County
the amount of $11p,000 for the purpose of acquisi-
tion and improvement of the above-described
roadways or shall furnish to SQokame County an
acceptable guarantee o€ such funds. It is
-6-
.a.
understood that Spokane County will bear any
costs of the above-described improvements over '
and above the amount of $110,000. It is also
understood that should the final cost of the
above-described improvements be less than
$110,000, that such difference will be re-
turned to the applicant.
5. Automatic f.l.ashing signals with cantilever arms
shall be installed protecting both railroad
lines at the tailbur Road crossing. The speci-
fications and cost of such signalization shall
be as determined by the Washington Utilities
and Transportation Commission. That portion
of the cast assigned by the Commission to
Spokane County shall be borne by the applicant
up to the ainount of $40 , 000 . The applicant
shall furnish to Spokane County an appropriate
guarantee of such funds.
' VIII
,
The action of the Board of County Comrtissioners was
challenged by writ of certiorari filed in the Superior Court of
the State of Washington for Spokane County on October 2, 1972,
as cause No. 209142. The challenge was based upon the contention
that (1) the action of the Board of County Commissioners was
arbitrary and capricious and (2) that the action of the Board of
County Commissioners at its hearing vn June 13, 1972 whereby
the Board undertook to approve the proposed zone change was con-
ttary to the enabling statute of the State of Washington applicable
to county planning commissions (RCW 36.70.630).
IX
By agreement of the parties the inatter was referred back
to the Board of County Comniissioners. The Board of County Commis-
sioners thereafter deterr.iined that an environmental impact state-
ment might be required and referred the matter back to the Planning Commission for consideration of the proposed change in
the location of the road f rom that which had been recommended by
the Planning Commission and for consideration as to whether or
not an environmental impact statement was required.
X
Thereafter the Planning Commission held a public hearing
on the matter of an environmental impact statement and location
,
of the road and determined, with the concuXrence of all inter-
ested parties, that an environmental impact statement should be
prepared. The County Planning Commission recommended that an
.
environrflental impact statement be prepared by the independent
~
consulting firm of Hawort.h & Anderson. Accordingly, Roundup
Co. entered into an aqreernent taith Haworth & Anderson whereby
Haworth & Anderson undertook to prepare an environmental impact
statement for Spokane County and Roundup Co. undertook to pay
the cost of preparation of the statement. P
XI
The draft environmental impact statement was prepared
by the firm of Haworth & Anderson under the guidance and direction
and in cooperation with the county planning director. Except
,
for furnishing information requested by Haworth & Anderson,
Roundup Co. had no influence on, or control over, the form or
content of the environmental impact statement.
XI I
After completion of the draft environmental impact
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.
statement, the County Planning Commission caused copies thereof ~
to be distributed to all parties recommended by the Preliminary
Guidelines-State Environmental Policy Act of 1971. Thereafter,
on March 9, 1973, the Caunty Planni.ng Comanission held a hearing
to consider the environmental impact statement and the comments
received with respect thereto, and the proposed road change. At
that hearing the County Planning Commission determined that the
draft environmental impact statement had been properly distributed
to the agencies and individuals entitled thereto and that the
draft environmental impact statement, together with the comments
received and the addendum to the environmental impact statentent
prepared by Haworth & Ande=son should be accepted as the f inal
environmental impact statement and further appraved the proposed
change in the route of the road as recommended by the Board of
County Conm►issioners, whereupon the County Planning Commission
reconunended to the Board of County Commmissioners that the zone
change petitioned for be approved subject to the conditions as
stipulated by the Board of County Commissioners August 3, 1972
and subject further to the following conditions :
a) Careful consideration should be paid
to the natural flora and fauna during
grading and construction so as to assist `
in saving as much natural growth as ~
possible. Equipment and vehicle traffic ,
on the land site should be kept to a
minimuni so as to prevent additional Pt,,4'
scarring of land surface;
b) Careful attention should be paid to
the planning and placing of the land-
scaping. If possible, strategic placing ~
of trees and shrubs would aid the aesthetic
value of screering out freight loading
and truck parking zone;
c) It is recommended that the water supply
source (well) be moved in an easterly
direction away from the service and main-
tenance building. Possible contantination
-9-
v
, a V
L 4 ; (
~ a ^ ( F
l r \ I , I
~
of th6 dma8'liic vg'ter $WEZy " OQe111' "
fsorit the ~~lt:caUdn anO see,gage ~of
, residual diesel `oY.l fuels anC, waste '
water fmm ,tlke ticuck service area in"to,,
~ the qrouad water; ,
d) The Roundup Company plans to eventually
replace all its older diesel truck united . ,
with newer uaits which incorporate and -
meet exxstinq air quality and noise '
' emission standards. It has to date re-
placed 10 of its older units with enqines
that include the latest anti-pollution
~ devices. This poliey should be continued;
~ ~ `
e) It is reconmtended that the Pines Road
interchanqe be considered for possible
desiqn changes, regardless of whether thls
development occurs or aot. The two-way ~
exit and eritrance ramps shculd be elimi-
nated for qreater operationa1 efficiency
and safety;
f) Care should be exercised during qradi.nq
and constructioa to nuxnimize all dust
(suspended partioulates) escaping into
the atmosphere;
q) A detafled map of the locatfon of fire
hydrants should be qiven to the Fire Dis-
trict together wsth information on the
maintenance program proposed for these
hydrants; _
h) All attempts possible should be made to
keep construction noise at a mi.nimwn;
i) It is recommended that only "safe" garden
and household type pesticides and herbi-
cides be utilized on the landscaped area
of the development;
j) It is also strongly recommended that
Roundup officzals insist that their
employees onl use the new access arterial
when arrivl-ng their place of
work. This should also apply to ail ser-
vice vehicle and truck traffic;
k) It is suggested that truck departures arid
arrivals not be allvwed during peak local
car traffic movements between 7:15 a.m.,
and 8:30 a.m. This aiould minimize any
further traffic conqestion on the Pines
Aoad Interchanqe duYinq the morning hours;
1) It is further reconnnended that between the
-10-
peak afternoon traffic hours of 5:00 p.m. ,
and 6:00 p.n., no incoming truck traffic
be permitted to use the eastbound entrance ~O-$~
ramp of the Interstate Freeway at Pines
Road. This would facilitate a smoother _Q ~ ~t
and less conqested flow of car traffic f~
coming into the interchange f rom the City -
of Spokane, during the peak afternoon
traffic period;
-
m) The Plan Commission further recommends dA-
thatthe substitute development plan
submitted at the t4arch 9, 1973 Plan ~
Commission Hearing be a further condition
of approval.
~
xiir G~ ~pc
The Board of County Comanissioners held a hearing on
the County Planning Commission's recommendations on April 18,
1973, and accepted the same without change.
From the foregoing Findings of Fact the Board of
County Commissioners makes the following conclusions:
l. The proposed zone change is in harmony with the
County comprehensive land use plan for the orderly physical
development of the Spokane Valley;
2. The environmental impact statement is adopted and
approved as being in proper form and scope and in conformity
with the applicable laws of the State of Vlashington;
3. The proposed zone change with the recommended con-
• ditions is in the public interest and will promote the public
health, safety and welfare of the citi2ens of the area;
4. Environmental factors affecting the public health,
safety, welfare ar.d aesthetic considerations have been thoroughly
p=esented and considered by the Planning Commission and by the
-11-
~ • .
Board of County Commissioners;
.
5. The proposed zone change as approved, including
the change in the road and subject to the iecommended conditions,
will not be unduly detrimental to the surrounding property
owners nor change the character of the nearby residential areas.
APPROVED BY THE BOARD THIS ~ DAY OF , 19Ar .
~
ATTEST : BOARD OF COUNTY CONMISS IONERS
OF SPOKANE COUNTY, WASHINGTOIV
VERNON 19. OHLAND
of the Board
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eputy " -
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10
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SPOKI4NE COUN TY
NEARING EXAMINER COMNN1iTTEE
FINDINGS Ah1D ORDER
A. INTRODUCTION
This matter having come before the Zoning Hearing Examiner Committee on
April 5, 1984, and the members of the Cammittee present being
Kathleen M. Carstens, Chairperson; Kenneth Kennedy, and Ronald L. McVicker.
B. PROPOSAL
The sponsor, Northwood Properties, Inc., is reguesting approval of a zone
reclassification, File No. ZE-104-83, Agricultural to Restricted
Industrial, fvr the purpase of developing a eusiness Park.
C. FINDINGS OF FACT
1. That the existing lartd use in the area is residential, industrial,
and vacant.
2. That the Comprehensive Plan designates this area as appropriate for
Urban and Industrial development.
3. That the existing zoning of the property described in the application
is Agricultural.
4. That the provisions of RCIrJ 43.21C (The State Environmental Policy
Act) have been complied with, and the Committee concurs with the
Declarataon of Non-Significance.
5. That the proper legal requirements for advertisement of the Agenda
Item have been fulfilled.
6. That the land in this area is suitable for the proposed use, or uses
within the proposed Zone Classification.
7. That the appllcant has demonstrated that cohditions have
substantially changed since the original zoning of this area and
accordingly, the proposed rezone is justiPied.
~
ZONE RECLASSIFICATION NO.: ZE-104-83
C. FINDINGS OF FACT (continued)
8. That the proposed use is compatible with existing uses in the area.
9. That the owners of adjacent lands expressed disapproval of the
proposed use.
10. The Hearing Examiner Committee finds the proposed use to be in
harmony with the general purpose and will not be otherwise
detrimental to the public health, safety, and welfare.
11. The following are additional findings of fact considered by the
Hearing Examiner Committee:
a) That the project as conditioned by the Hearing Examiner
Committee for special setbacks, dense landscaping, limited
advertising signs, and controlled access points, provides the
necessary protection to the existing residential uses found to
the north and east of this zone change.
D. CONDITIONS OR CONTINGENCIES APPLIED TO THIS APPROVAL
(All CoRditions imposed by the Zoning Hearing Examiner Cotnmittee shall be
binding on the "Applicant", which term shall include the owner or owners
of the property, heirs, assigns, and successors.)
a) COUNTY PLANNING DEPARTMENT
~
1. That if PE-1256-78^ is recorded, the zoning shall be reclassif ied
to Restricted IndQStrial.
2. That this ione change approval, ZE-104-83, supersedes the
original zoning approval, ZE-132-78, within the preliminary plat
of Mid-Valley Industrial Park, PE-1256-78.
3. All current standards of the Restricted Industrial Zone, as
amended, shall be camplied with in the development of this
site.
4. That the buildings be set back a minimum of 60-feet f rQm the
front property line along Jackson, Bowdish, Ermina, Wil.bur, and
Montgomery Drive.
2
<
ZONE RECLASSIFICATION NO.: ZE-104-83
a) COUNTY PLANNING DEPARTMENT (continued)
5. That a dense landscape strip a minimum of 10-feet in width, be
provided around the site's perimeter for site-screening adjacent
to the single family areas and a 10-foot landscape strip along
Montgomery Drive for aesthetic purposes.
6. That access vn Bowdish Road be controlled on both sides;
location of said access to be within the south 300 feet of
eowdish. There shall be no access to Ermina or Wilbur. The
Engineer's Office shall advise whether there is a possibility
that an exit can be allowed at the northwest corner of the site
onto Jackson Avenue; said access to be signed which would not
permit a right turn as a vehicle would e'xit the site, nor a left
turn when entering the site as vehicles travel west along
Jackson.
7. That the project is subject to Section 4.16A.050, the Aquifer
Sensitive Area Overlay Zone of the Spokane County Zoning
Ordinance, which sets forth various measures for Aquifer
protection; specifically, measures dealing with wastewater
disposal, spill protection measures, and stormwater runoff.
8. The Zoning Admirustrator shall approve a specific exterior
lighting plan for the approved area prior to installation of
such lighting. (Such plan shall attempt to confine illumination
to the area with full consideration to ad,jacent properties).
9. That signing of the site shall be generally in substantial
conformance, as determined by the Zoning Administrator, with
those standards of the Loeal eusiness Zone.
10. A specific landscape plan, planting schedule and provisions for
maintenance acceptable to the Spokane County Zoning
Administrator shall be submitted with a performance bond for the
project, or phases of the project, prior to release of building
pexmits.
11. The applicant shall develop subject property generally in
accordance within the concept presented to the Hearing Examiner
Committee. Variations when approved by the Zoning Administrator
will be permitted, including, but not l.imited to the following
changes: Building location, landscape plans, and general
allowable uses of the permitted zone. All variations must
conform to regulations set forth in the Spokane County Zoning
Ordinance. The original intent of the development plans shall
be maintained.
3
~
ZONE RECLASSIFICATION NO.: ZE-104-83
a) COUNTY PLANNING DEPARTMENT (continued)
12. The specif ic development plan will be submitted for Planning
Department review and approval prior to issuance of building
pexmits.
13. Applicant shall comply with 1208' recommendations concerning
stormwater runoff and provide necessary landscaping for runoff.
14. Any division of land for the purpose of sale, lease, or transfer
shall comply with RCW 58-17 and the Spokane County Platting
Ordinances prior to issuance of building permits.
15. That the provisions of SEPA's NOTICE OF ACTION pursuant to
Chapter 43.21C.080 RCW and the Board of Spokane County
Commissioners Resolution #77-1392 be initiated by the project
applicant within thirty (30) days of final disposition of this
application, and prior to any on-site improvements, or fi1.e
appropriate documents to the effect that the NOTICE OF ACTION is
waived in accordance with Spokane County Commissioners'
Resolution #82-0458 dated May 4, 1982.
16. Pursuant to the provisions of Chapter 43.21C RCW, the SEPA
Guidelines (WAC 197-10) and the Spokane County Environmental
Ordinance (SCEO), a proposed declaration of non-significance has
been issued at least fifteen (15) days prior to this date; the
official file, written comments and/or publYC testimony contain
information regarding assessment of the proposal's adverse
impacts to the physical environment; a flnding is hereby made
that no potentially significant adverse impacts upon the
physical environ ment are anticipated as a result of the
project; and a final declaration of non-significance is hereby
to be issued.
b) COUNTY ENGINEERING DEPARTMENT
Prior To The Issuance Of A Building Permit:
1. Applicant shall dedicate 2 feet on Montgomery Drive for
right-of-way prior to any use of the property.
2. Applicant shall dedicate a 20-foot radius on Bowdish Road and
Jackson Avenue prior to any use of the property.
4
1
ZONE RECLASSIFICaTION NO.: ZE-104-83
b) COUNTY ENGINEERING DEPARTMENT (continued)
3. Access permits for approaches to the County Road System shall be
obtained f rom the Spokane County Engineer.
A. Applicant shall improve Jackson Avenue in a manner consistent
with Spokane County TYPICAL roadway section No. 1 ma.nimum paving
width Access Standard.
5. Applicant shall improve Bowdish Road in amanner consistent with
Spokane TYPICAL roadway section No. 1 minimum paving width
Access Standard.
6. Applicant shall improve Ermina Avenue in a manner consistent
wftt7 Spokane County TYPICAL roadway section No. 1 minimum paving
width Access Standard.
7. Applicant shall improve Wilbur Road in a manner consistent with
Spokane County TYPICAL roadway section No. 1 minimum paving
width Access Standard.
'080 Other specific improvements: Applicant shall improve Montgomery
Drive in a manner consistent with Spvkane County TYPICAL Roadway
Section No. 1 minimum paving width Secondary Arterial Standard.
9. Applicant shall submit for approval by the Spokane County
Engineer road, drainage, and access plans prior to the issuance
of a building permit on the property.
10. The applicant shall subinit for approval by the Spokane County
Engineer and the Spokane County Health District a detailed
combined on-site sewage system plan and surface water disposal
plan for the entire project prior to the issuance of any
building permit on the property.
11. A parking plan and traffic circulation plan shall be submitted
and approved by the Spokane Eounty Engineer prior to the
issuance of a building permit on the property. The design,
location, arZd arrangement of parking stalls shall be in
accordance with standard traffic engineering practices. Paving
or surfacing as approved by the County Engineer, will be
required for any portion of the proJect which is to be occupied
or traveled by vehicles.
5
►
ZONE RECLASSIFICATIUON NO.: ZE-104-83
b) COUNTY ENGINEERING OEPARTMENT (continued)
12. The word "applicant" shall include the owner or owners of the
property, his heirs, assigns, and successors.
13. To construct the road unprovements stated herein, the applicant
may, with the approval of the County Engineer, join in and be a
willing participant in any petition or resolution which purpose
is the formation of a Road Improvement District (RID) for said
improvement pursuant to RCW 36.88, as amended. Spokane County
will not participate in the cost of these improvements. This
provision does not apply to improvements specif ied for
Montgomery Drive.
14. As an alternative method of constructing the road l.mprovement
stated Merein, 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 required road improvement. Spokane County
will not participate in the eost of these improvements. This
provision does not apply to improvements specified for
Montgomery Drive.
15. The construction of the road improvements stated herein shall be
accomplished as approved by the Spokane County Engineer.
16. All required improvements shall conform to the current State of
Washington Standard Specifications for Road and Bridge
Construction, and other applicable County standards and/or
adopted resolutions pertaining to Road Standards and Stormwater
Management in effect at the date of construction, unless
otherwise approved by the County Engineer.
17. Roadway standards, typical roadway sections and drainage plan
requirements are found in Spokane Board of County
Commissioners'Resolution No. 80-1592 as amended.
18. Applicant shall deed to Spokane County 60 feet of right of way
for Bowdish Road. This dedication shall extend from Montgomery
Drive to Ermina Avenue.
19. Applicant shall deed to Spokane County 15 feet oP right of way
along Wilbur Street from Ermina to Montganery Drive.
20. Al1 relocation of utilities shall be at applicant's expense.
6
~
ZONE RECLASSIFICATION NO.: ZE-104-83
c) CQUNTY UTILITIES DEPARTMEPIT
1. Pursuant to Board of County Commissioners Resolution No.
80-0418, the use of on-site sewer disposal systems is hereby
authorized. This authoritation is conditioned on campliance
with all rules and regulations of the Spokane County Health
District and is further conditioned and subject to specific
application approval and issuance of permits by the Health
District.
2. The owner(s) or Successor(s) in interest agree to authorize the
County to place their name(s) on a petition for the formation of
a ULID by petition method pursuant to RCW 36.94 which the
petition includes the Owner(s) property and further not to
object by the signing of a protest petition against the
formation of a ULID by resolution method 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
objection to any assessment(s) on the property as a result of
i.mprovements called f or in conjunction with the f ormation of a
ULID by either petition or resolution method under RCW Chapter
36.94.
3. Any water service for this project shall be provided in
accordance with the Coordinated Water System Plan for Spokane
County, as amended.
4. Each unit shall be double-plumbed for connection to future
areawide collection systems.
5. Plans and specifications for the double plumbing are to be
reviewed and approved by the Utilities Department.
6. The project shall conform to the provisions of the ASA Qverlay
Zone.
d) COUNTY HEALTH DISTRICT
1. A combined surf ace water and sewage disposal detailed plan shall
be approved by the County Engineer and the Health District prior
to the issuance of any building permit for this project.
" 2. Sewage disposal method shall be as authorized by the Director of
Utilities, Spokane County.
7
s
ZONE RECLASSIFICATION NO.: ZE-104-83
d) COUNTY HEALTH DISTRICT (continued)
3. Subject to specif ic application approval and issuance of permits
by the Health Officer, the use of an individual on-site sewage
system may be authorized.
4. Water service must be coordinated thraugh the Director of
Utilities, Spakane County.
5. Water service shall be by an existing public water supply when
approved by the Regional EngiReer (Spokane), State Department of
Social and Health Services.
6. Use of private wells and water systems is prohibited.
7. Disposal of sewage ePfluent beneath paved surfaces is currently
prohibited.
e) COUNTY BUILDING AND SAFETY DEPARTMENT
1. The site is located in Fire District # 1.
2. Mains aRd fire hydrants will be required to be installed in
accordance with the requirements of the Spokane County
Department of Building and Safety.
f ) WATER PURVEYOR
1. Water Purveyor is Irvin Water District, and they wi1.1 supply the
site with adequate water for damestic, fire and irrigation uses,
although satisfactory arrangements have not been made.
g) COUNTY AIR POLLUTION CONTROL AUTHORITY
l. Spokane County Air Pollution Control Authority regulations
require that dust control measures be taken during all phases of
the project.
2. During excavation activities water sprays may be required to
control fugiutive dust emissions. Haul roads should be
treated. Measures must be taken to avaid the deposition of dirt
and mud from unpaved surfaces onta paved surfaces. If tracking
or spills occur on paved surfaces, measures must be taken
immediately to clean these surfaces.
3. All travelled surfaces (i.e., ingress, egress, parking areas)
must be paved and kept clean.
8
~
ZQh1E RECLASSIFICATION NO.: ZE-104-83
E. ORDER
The Hearing Examzner Commlttee, pursuant to the aforementioned, finds that
the application of Nvrthwaod Properties, Ync., for a zone reclassification
as described in the applzcativn should be APPRaVED.
Motian by :Kennedy Secorded by : NlcVicker
Vote : Kennedy - Aye
McV'icker - Aye
Carstens - Aye
Unan.imous ta APPRDVF to the RESTRICTED INDUSTRIAL ZOhlE -
(3-Q}
HEaRIr~G EX,aMzNER cOMMzTTEE
HERE13Y ATTES7 TO Ti-IE ABOVE
FINDINGS, ORDER, ANp VOTE
4ai e rson
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For WALLIS D. HUBBARD
Planning DirectQr
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8y S -VE P. HQROBIOWSKI
Zoning Administrator
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