39375 PLAT LANGUAGE/EASEMENTS . /
. ~ ,
TICOFs T1TLE INSURANCE
~1 U YYe (
L,V i.
48 1030 030 00274 cv-)
~
Guarantee
T1COR TITLE INSURANCE COMPANY, a California corporation, herein called the Company, guarantees the Assured against
actual loss not exceeding the liability amount stated in Schedule A which the Assured shall sustain by reason of any incor-
rectness in the assurances set forth in Schedule A. .
LlABIL1TY EXCLUSiONS AND LIMITAT(ONS
. 1. No guarantee is given nor liabi(ity assumed with respect to the identity of any party named or referred to in Schedule
A or with respect to the validity, legai eifect o( priority of any matter shown therein.
~ 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured becaus2 of
° reliance upon the assurances herein sei forih, but in no event shall the Company's li2bility exceed the liability amount
setjo'rth in Scheduie A.
PLEASc NOTE CAREFULLY THE LIABILITY EXCLUSIONS AND L(MITATIONS ANO THE SPECIFiC ASSURANCES
AFFORDED BY THIS GUARANTEE. IF YOU WISH ADDITIONAL LIABILITY, OR ASSURANCES OTHER THAN RS CON-
TAINED HERElN, PLEASc CONTACT THE COMPANY FOR FURTHER INFORMATION AS TO THE f;VAILABILITY AND
THE COST.
~~OKANE C0PITY _
- AN 2 4 1998
pIN1SiON C~ BUiLD1NGAND q^."I.N{FIG
lY:
- TICOR TITLE INSURANCE COMPANY
Issued bv: PIONEER TITLE COy1PAVY
6 President
OF WASHINGTON y 512 West lst Avenue ~ • ; - S o Attest . Secretary
509) 838 - 5281 . . .
_ - ~
Authorized Signatory
P-QLICY C.GPY .
JJJ9 JJJJJJJ J~J J9 J9 J9 9 D JJJJ9 JJJJ JJJJrJ JJJJJJJ19' JJ
GUARANZEE FacE paGE
Aeorder Form No. 2393
RE: B.SP 56-97
SDOOND SUBDIVISION GUAPANTEE
SCHIDULE A
STAZ'E CODE AGINCY OODE
48 1030
FILE P01.11CY POLICY FCY AI~OUNr OF
NLTMBER TYPE NUMBER /D= INS TIRANCE PRIIKCUM
P-253010 030 00274 JULY 29, 1998 300.00 200.00
AT 8:00 a.m.
Name of Assured: Taylor Engineering
The assurances referred to on the face page are:
That accord.ing to thase public records which, under the recording laws, im}aart
constructive notice of matters relative to the following de.scr-ibed real
property:
Lot "A", Short Plat No. SP-1019-95, according to Plat recorded in Voltme 12 of
Short Plats, Pages 84 arld 85, in Spokane County, Washincrton;
AND the East half of Tract 224, EXC'EPT the North 200 feet thereof;
'POGE= WITH the East half of vacated Walnut Road lying West of and adjoining
sa id East ha l r of Tract 224, EXCEPT the North 200 feet thereof ;
AND ALSO the west 2 04 . 6 f eet of Tract 223, FXCEPT the East 20 f eet thereof,
AND EXC'EPT the North 200 feet thereof; TOGEl'HE2 WITH vacated Second Avenue
lying South of and adjoini.ng which would attach by operation of law;
AND ALS0 the East 429.8 feet of Tract 223, including vacated Second Avenue
lyi.ng South of and adjoining which would attach by operation of law AND the
North 397.3 f eet of the West 110 f eet of Tract 222, al l in OPPORT[JNiTI'Y ,
accordiriq to Plat recorded in Volwne "K" of Plats, Page 20, in Spokane County,
Washington;
'IbGE= WITH that portion of Tracts 225, 226, 227 and 228 of Opportunity,
. according to plat recorded in Volume "K" of Plats, Page 22, in Spokane County,
Washington, described as follcxas:
Beginning at thS Northeast corner of Tract 228; Thence South 87 09'06" West, along the North line of said Tract 228, a
distance of 140.28 feet to the true point of beginning of t$is desc.ription; .
Thence on a curve to the left, having a central angle of 29 26'35", a radius
of 900.00 feet, for a distance of 462.49 feet; .
Thence on a clirve to the riqht, having a central angle of 29°26'S7", a radius of 800.00 feet, for a distance of 411.19 feet;
Thence South 87~09'28" West, 379.85 feet;
Thence on a curve to the right, having a central angle of 290 2610311, a radius
of 800.00 feet, for a distance of 410.98 feet;
7'hence on a c~urve to the left, having a central angle of 29°26'25", a radius
of 900.00 feet, for a distance of 462.45 feet to a point on the North line of
Tract 225;
Thence North 87°09'06" Fast, along the North line of said Tracts, 2051.08 feet
to the true point of beginning of this de.scription.
Title to said real property is vested in:
U. S. Bank of Wastiington, N. A., as 51iccP-z--or TnLStee under the Last Wi 11 and
Tesr.ament or c~en~va D:`'Ihornhl l l, a's provided in the Last Wil l and Testame.nt,
dated December 18 ;_197 9,`!as to-the• East 429.8 f eet of Tract 223 and the North
397 . 3 feet of the _West 110 feet of Tr_act 222; _
The Heirs and Devisees of Helen E. Nelson, c'eceasea, ' as to the South 85 feet ~
of the North 185 f eet of the r;ast-h°a 1-t of Tract _22 6,, EXC= the East 155 f eet
thereof ; -
and, Universitv Citv a Washington corporation, as to the remainder. ~
. ►
Szbject to the matters shown below under Dcceptions, which EJccc-ptions are not
nece.ssarily shawn in the order of their priority.
EXCII7I'IONS :
1. Taxes or assessments which are not shawn as existing liens by the records of
any taxing authority that levies taxes or assessments on real property or by
the public records.
2. Unpatented mining claims; resezvations or exceptions i.n the United States
Patents or in Acts authorizing the issuance thereof; water rights, claims or
title to water.
3. Title to any property beyond the line.s of the real propert-y exprP--qly
described herein, or title to streets, roads, avenues, lanes, ways or
waterways on which such real property abuts, or the riqht to maintain therein
vaults, tunnels, ranps, or any other structure or irprovement; or any riqhts
or easements therein unless such property, rigtits or easements are eaprP«1Y
and specifically set forth in said description.
4. Delinquent general taxes for 1996; 1997; 1998 in the respective slmts, plus
interest and fees, as to each amrx,uzt.
- Amount : $181,577.83; $123,208.08; $109,054.50
Assessor's Parcel No : 45201.0109
Land Value : $3,018,000.00
Irrproveme.nt Value :$3, 960, 300. 00
5. Delinquent Storm Water Se.rvice Charge per R.C.W. 36.89 for the year 1996;
1997; 1998, plus interest and fees.
Anount : $2,315.00; $2,315.00; $2,315.00
Assessor's Parcel No.: 45201.0109
6. Delinquent Aquifer Protection Fees for the year 1997; 1998, plus interest and
. ' ~ _ . fees.
Amount : $1,260.00; $1,260.00
Assessor's Parcel No.: 45201.0109
7. General taxes for the second half of the year 1998 due, but not delinquent
until November 1, 1998.
Amount : $2,243.10 •
Assessor's Parcel No. : 45201.0210
Land Value : $252,000.00
Improvement Value : $34,700.00
8. Second half Storm Water assp,--,zn~ent for 1998 is due but not delinqient until
Novenber 11 1998.
Amount : $69 . 00
Assessor's Parcel No.: 45201.0210
9. General taxes for the second half of the year 1998 due, but not delinquent
until November 1, 1998.
Amount : $11,363.69
Assessor's Parcel No. : 45201.0308
Land Value : $1,103,300.00
Irrprovement Val-ue : $350, 700. 00
10. Sec,ond half Storm Water assP~,zme-nt for 1998 is due but not delinquent until
November 1, 1998_ ,
Amount : $421.95
Assessor's Parcel No.: 45201.0308
11. Sec,ond half Aquifer Protection Fees for 1998 is due but not delinquent until
Nove.mber 1, 19 98 .
Amount : $255.00
A----essor's Parcel No.: 45201.0308
12. Delinquent general taxes for 1996; 1997; 1998 in the respective sLUns, plus
interest and f ees , as to each amoimt.
Amount : $10,385.69; $10,742.90; $10,185.29
Assessor's Parcel No : 45201.0413
Land Value : $323,600.00
Improvement Value : $327,800.00
13. Delinquent Storm Water SErvice Charge per R.C.W. 36.89 for the year 1996;
1997; 1998, plus interest and fees.
Amount : $261.00; $261.00; $261.00
Assessor's Parcel No.: 45201.0413
14. Delinquent Aquifer Protection Fees for the year 1997; 1998, plus interest and
f~~ .
Amount : $210.00; $105.00
Assessor's Parcel No.: 45201.0413
15. Del inquent general taxes f or 1996; 1997 ; 1998 in the respec-tive slmtis, plus
interest a.rid f ees , as to each atiount.
Amount : $2,995.47; $3,098.40; $2,939.17
Assessor's Parcel No : 45201.2304
Land Value : $187, 700. 00
, . _ .
Improvement Value : $0.00
16. Delinquent Storm Water Service Ciarge per R.C.W. 36.89 for the year 1996;
1997; 1998, plus interest and fees.
Amount : $380.00; $380.00; $380.00
Assessor's Parcel No.: 45201.2304
17. Delinquent general t,axes for 1996; 1997; 1998 in the respec-tive sums, plus
interest arid f ees , as to each amo;unt.
Amount : $1,793.76; $1,855.37; $1,760.87 _
Assessor's Parcel No : 45201.2305 Iand Value : $112,300.00
IWrovesnent Value : $0.00
13. Delinquent Storm Water Service Charge per R.C.W. 36.89 for the year 1996;
1997 ; 1998, plus interest and fees.
Atnount : $248.00; $248.00; $248.00
Assessor's Parcel No.: 45201.2305
19. An assessment payable in annual installment(s) plus interest.
Unpaid Balance : $74,918.74
For : ULJ-D
District No. : 701
Installment(s) Unpaid : 13
, Installment (s) Del i.r-quent : 1
Next InstallTnent(s) Delinquent: September 13, 1998
Assessor's Parcel No. : 45201.0109
20. An assess-ment paya.ble in anriual i.nstallment (s) plus interest.
Unpaid Balance : $41263.78
For : ULID •
District No. : 701
Installment(s) Unpaid : 12
Next Insta l lment ( s) De 1 inquent : September 13, 1998
Assessor's Parcel No. : 45201.0210
21. An assPz--ment payable in annual installment(s) plus interest.
Unpaid Balance : $30,837.36
For : ULID
District No. : 701
Installme.nt ( s ) Unpaid : 13
Installment (s) Delinquent : 1
Next Installme.nt ( s) Del inquent : Septenber 13, 1998
Assessor's Parcel No. : 45201.0308
22. An assesssne,nt paya.ble in annual installment(s) plus interest.
Unpaid Balance : $19,424.55
For : ULID '
District No. : 701 .
Installment(s) Unpaid : 13 r Installment (s) Delinquent : 1
Next Installment ( s) Delixquent : September 13, 1998
Assessor's Parcel No. : 45201.0413
23. An assp,---cnent payable in annual installment(s) plus interest.
Unpaid Balance : $13,987.74
For : ULID
District No. : 701
Installment (s) Unpaid : 13
I nsta l lment ( s) Del irquent : 1
Next Installment(s) Delinquent: September 13, 1998
Assessor's Parcel No. : 45201.2304
24. An assessment payable in annual installment(s) plus interest.
Unpaid Balance : $10,333.12
For : ULID
District No. : 701
Installment ( s ) Unpaid : 13
Installment (s) Delinquent : 1
Next Instal lment ( s) Deli.nquent : Septembe.r 13, 1998
Assessor's Parcel No. : 45201.2305
25. Inquiry for any charges for irr-igation, domestic water, electricity or other
charges made by Vera Irrigation District #15, should be made to said district
at North 601 Evergreen Road, or phone 924-3800.
26. Riqhts-of-wray for Ditches and Pipelires, provided for in Contract dated -
November 41 1905, with Modern Electric Water Comparly, recorded in Volume "E"
of Contracts, Page 267.
Agreetnent executed by and between the parties herein named upon the conditions
therein provided.
Between : Alvin J. Wolff and Jane H. Wolff, his wife, Pacific Northwest
Comme.rcia 1 Conipa.ny Inc., Bi 11 K. Wilson arid Rose F.
Wilson, his wife, and Farmers and Merchants Bank of Rockford
Dated : April 1, 1971 .
Recorded : July 2, 1971
Auditor's No. : 559998C
Providing : Agreement granti.rq reciprocal easements for parking, ingrP---,
and egz-PC and r ight of way
Alvin J. iolff and Jane H. Wolff, his wife, assigned their right, title and
interest in and to that certain agreement granting reciprocal easeme,nts for
parking, ingress and egrP---,, and right of Gray, dated April 1, 1971 to the
washington-Idaho-Montana C.arpenters-DTployers Retirement FLuzd, by assigrments
dated June 28, 1971, and recorded Ju1y 6, 1971 and August 31, 1972, wnder
respective auditor's file nos. 560723C and 648663C.
An easement for irigrPC-, and egr'ess between Fidelity Niutual Savings Bank, a
. Washington corporation and Washirgton Tnist Bank, a Washington corporation and
University City Inc., a Was,hington carporation, dated March 1, 1978, recorded
June 20, 1978, auditor's file no. 7806200229.
29. Conditions containEd in Resolution No. 81-0912 (Second Avenue Vacation), as
follaws:
1. The vacated right of way shall remin open and clear for service and
emergency accpG-, to University City Shopping Area.
2. No access is to be allawed to or fram the old C.M.S.P.&P, railroad riqht
of way, now county property, and vacated Second Avenue.
. , , J . , . 3. When the South portion of property in Block 223 and 224 of Opportunity
between Dartmouth RQad and Walnut Road is developed, Second Avenue will be
itrproved similar to the sec.-tion between University Raad and Dartmouth Road and
conditions 1 and 2 shall apply thereto.
4. The C►WNE,F2.S agree to reimburse the DOZJNI'Y the amount of $500.00 as
estimated expertise of the vacation proceedincjs.
5. This agreeme.nt shall run with the larid and be included in any sale of the
vacated right of way or adjacent property. Zhis agreement supersedes prior
agreements between the parties hereto and will remain in effect until modified
by f urther agreement between the QOUNI'Y and the CWNERS.
30. Resex-vations contained in Instnment, as follaws.
bcecuted by : George H. Horseman and Dorothy B. Horseinan, husband and wife
Recorded . December 15, 1976 ,
Auditor's No. : 7612150103 Reser-ving to the Crantors all rights as set forth in an instnunent entitled
Option To Purc.ha_se Real Property, dated December 16, 1970, wherein the above
named grantors are crantors and E.D. McCarthx, Inc., is the Optionee, which
docwment shall be filed forthwith in the Audltor's Office, Spokane Coiunty,
Washi.rgton.
~ 31 An Agreement: Regardirxg ingrPc-- arr3 egrP----, Parklrig and mall, dated De~ber
30, 1969, recorded June 25, 1982, under auditor's file no. 8206250043, by and
between Spo}cane pry Goods Co., a Delaware corporation, hereinafter called
"CayrqDany", and Un.iversity City Inc., a Washington corporation, hereinafter
called "University City."
32. Reservations contained in Instrument, as follows.
Ececuted by : Richard B. Ogilvie, not as an ind.ividual but soley as
TnLStee of the property of Chicago,. Milwaukee, St. Paul and
Pacif ic Railraad Carpany, Uebtor, formerly the Chicago,
Milwaukee & St. Paul Railroad Company, and being a successor
in interest to the Idaho & Western Railway Cmrpany
Recorded : Decembe.r 23, 1980 Auditor's No. : 8012230081
The Grantor reserves to himself and his successors and assigns, all minerals
of any nature whatsoever including, but not limited to, coal, iron, natural
gas and oil, EXCEPT sand and gravel, which may be in or upon said described
land.s, together with the sole, exclusive and perpetual right to explore for
and dispose of said mi.nerals kyy any means or methods suitable to the Cr-antor
and his succp~--Qrs and assigns, but without entering upon or using the surface
of said lands and in such manner as not to damage the surface of said larld.s or
_ to interfere with the use thereof by the Crantee, its succp---,ors or assigns.
--:,=33. Notice to The Public, recorded April 13, 1988, under auditor's file no.
8804130014, as follaws:
Prior to the issuance of any building permit or certificate of occupancy for
any building or any use on the property described hereinafter, the applicant
shall be responsible for complyuig with the pravisions of the zoning of
Spokane Caunty, Section 7.06 (Aquifer Sensitive Area Overlay Zone).
34. Agreement executed by and between the parties herein named upon the conditions
• . . • . I - - .
therein provided.
Between : Spokane County, a political subdivision of the State of
Washington AND University City Inc.
Dated : August 26, 1986
Recorded : March 20, 1987
Auditor's No. : 8703200311
Providi.ng : For construction of a sewer system; connecting to said sewer .
system and collection of fees therefore
35. Letter, f rain Spa}cane County Prosecuting Attorney
To : Mr. Orville L. Barnes, NcCarthy Management and Development
CoulpanY
RE : ZE-50-87, agricultural sllburban to multi-family sukx.irban and
oamurercial to regional business (B-3) for the purpose of a
parking lot
Dated : JanLaxy 5, 1989
Recorded : January 18, 1989
Auditor's No. : 8901180070
36. A lease affecting the premises herein stated, executed by and between the
parties herein named for the tezzn and upon the terms, covenants and conditions
_ therein provided.
Dated : Septembez' 24, 1968
Recorded : Oct.ober 17, 1968
Auditor's No. : 391630C
^ Lessor : Harold B. Thornhill and Geneva D. Zhornhill, his wife
Lessee : Qry G,ood.s Realty Co., a Corporation
Term : Not disclosed
An Assignment of the I~q--or's interest in said lease was assigned.
E~cecuted by : Seattle-First National Bank, as Owner Trustee for the V& S
Zilist
Dated : January 31, 1992
Recorded : April 3, 1992
Auditor's No. : 9204030145
Lease Assignnent and Assimption Agreement.
Dated : Sept.e3nbex' 26, 1986
bcecuted by : Zhe CYescent Stores, Inc., a Delaware Corporation
In Favor of : V& S I Real Estate Limited Partnership, a W n limited
Part'-ne~iP
Recorded : Septenber 26, 1986
. Auditor's No. : 8609260357
Lessors Assigntnent of Lease.
Between : Zhe Estate of Ge.neva D. Thornhill by Gordon Bi.xike as Personal
Representative and Seattle-First National Bari}c, as 'Irustee
under.the Last Will and T'e.stament of Ge.neva D. 'Ihornhill, as
provided in her Last Will and Testament dated pecanber 18,
1979.
Dated : May 26, 1992
Recorded : 3uly 30, 1992
Auditor's No. : 9207300431
_ . -
Lessors Assigrnnent of Le.ase -
Between : Seattle-Fisst National Bank, as Tnu.stee
under the Last Will and Testamerit of Geneva D. Thornhill, as
provided in her Last Will and Testament dated December 18,
1979 and U.S. Bank of Washington, N.A.
Dated : June 4, 1993
Recorded : June 25, 1993
Auditor's No. : 9306250344
Agreenent executed by and between the parties herein naned upon the conditions
therein provided.
Between : Geneva D. 'IYiornhill, as her segarate property; AND V&S I
Real Fstate LimitEd P ip, a Washington limited
partnership; AND Seattle-First National Bank, a national
ba.n}cing association
Dated : September 30, 1986
Recorded : Decesnber 10, 1986
Auditor's No. : 8612100010
Providing : Crouixi lease attornntie.nt agreement
Agreement executed by and between the parties herein named upon the conditions
therein provided.
Between : Geneva D. Zhornhill, as her separate property; AND I.amonts
Apparel, Ixlc.
Dated : July 31, 1991
Recorded : August 16, 1991
Auditor's No. : 9108160224
Providing : Estoppel, attornrent and non-disturbance agreement
AssicJrunent and Assumption of Lease.
Dated : June 28, 1993
E~cecuted by : F&N Acquisition Corp., a Delaware Corporation, Mills Cogan
Nieyers Swartling, arra Rel U-City Li.mited Partnership, a
W n limited partnership Reconded : June 28, 1993
Auditor's No. : 9306280482
Assigrment and Assumption of Grourxi Lease.
Dated : June 28, 1993
Ececuted by : Mills C.ogan Meyers swrartli-ng, a profP~qional services
corporation and Rel U-City Limited Paz-tnership, a Washing-ton
limited partnershi.P
_ Recorded : June 28, 1993
Auditor's No. : 9306280481
According to an instnunent f iled as Auditor' s No. 9311230269, the lea.se shown
above has been subordinated to the lien of that certain ' instrument filed as
Auditor's No. 9311230264.
Assignment and AssLmption of Ground Lease.
Dated : November 2, 1993
` . ' . ' . . ' \
E~cecuted by : R,el U-City Limited Partnership, a Washington limited
partnership and University City, Inc., a Washingt.on
corporation
Rxorded : Novelnber 23, 1993
Auditor's Ho. : 9311230262
37. A lease affecting the premises herein stated, memorandun thereof dated and
recorded as herin set forth, executed by and between the parties herein named
for the term and upon the terms, covenants and conditions therein provided.
Dated : Oct;ober 2, 1980
Lessor : GPneva D. Thornhill, the surviving wife of Harold B.
Zhornhill .
Ljm,qCee : University City Inc., a Washington Corporation
Recorded : Oct.ober 7, 1980
Auditor's No. : 8010070174
Tertns : 20 ye.ars begiruzing the first day of month follawing removal of
certain inprovernents by Les..SOr or June 1, 1969, whichever
may have occurred the first
Said lease, among other things, provides for an option to renew for a period •
of 6 additional periods of 10 years each..
Assignment of Z~q-,or's Interest in all pre_se.nt and future leases and tenancies
Executed By : University City Inc., a W n Corporation
To : Zhe Old National Ban}c of Washingt.on, a National Bank
Recorled : Decenber 30, 1981 ~
Auditor's No. : 8112300206
Assigrnrent of AssigrIInent of L,essor's Interest in Leases
Dated : Februaxy 7, 1986
.
Recorded : Febr-uary 11, 1986
Auditor's No. : 8602110172
To : Old National Ban}c of Washington and U. S. Bank of • Oregon
L-e----ors Assignment of Lea.se.
Between : The Estate of Geneva D. Zhorn7Zi11 by Gordon Bud}ce as Personal
Representative and Seattle-First National Bank as 'IYustee
Lunder the Last Will and Testament of GPzieva D. 'Ihornhill as provided
in her Last Will and 'I'estament dated December 18, 1979
Dated : May 26, 1992
Recorded : Ju1y 30, 1992 .
Auditor's No. : 9207300430
_ I~q-zors Assignment of Lease.
Between : Representative and Seattle-First National Bank as TnLStee
under the La.st Will and Testament of Geneva D. Zhornhill as
provided in her Last Will and 'Pestament dated December 18, .
1979 and U. S. Bank of Washington, N. A. .
Dated : Jwne 4, 1993
Recorded : June 25, 1993
Auditor's No. : 9306250343
Assignment of Assigrnnent of Lessor's interest in leases by U. S. Bank of
Was,hington, N.A., to West One Bank, Idaho, N.A., was recorded on March 7, 1991
' . .
under Auditor's File No. 9103070243.
An assignment of the L,es,see's interest in said lease wras:
Ececuted by : University City, Inc., a Washington Corporation
To : Westone Bank, Idaho, N.A., a National Banking Association
Dated : Marc-~h 30, 1990
Recorded : April 20, 1990
Auditor's No. : 9004200111
38. Contract of Sale tesms, conditions and covenants, and the effect of any
failure to corply therewith. Seller : Helen E. Nelson, a sirgle person
Purchaser . University City Inc.
Dated : October 1, 1983
Recorded : Oct.ober 25, 1983
' Auditor's No. : 8310250096
Receipt No. : 280731
Note: The Seller's interest in said Contract is naw held of record by the
Vestee herein.
39. A lease affecting the premises her'ein stated, executed by and between the
parties herein named for the tenn and upon the terms, covenants and conditions
therein provided.
Dated : October 17, 1963
Lp----,or : Valley Investnents Inc.
L~(--Cee : J. C. Pe.runey CompanY
Recorded : March 9, 1964
Auditor's No. : 1161C
Ternts : 15 years
Said lease, among other things, provides for an option to renew for a period
of 2 te.rms of 5 years each.
Said lease was modified by S1ipplemental Agreenent dated September 16, 1964,
recorded Novernber 16, 1964, under Avditor's File No. 63353C and by Agreement
dated August 30, 1965, recorded November 9, 1965, under Auditor's File No.
154249C.
A L,ease AmenctmEnt Agreemert, by and between University City Inc., a Washington
Corporation ("Landlord"), and J.C. Penney Ccmpany Inc., a Delaware corporation
( "'Denant" )
Dated : Jtune l, 1980
Recorded : July 19, 1982
. Auditor's No. : 8207190145
Short Form Lease Amend;nent Agreement, between [hiiversity City Inc., a
Washington corporation ("Landlord" and J. C. Peruley C,ompany Inc., a Delaware
Corporation ("Tenant").
Dated : June 1, 1980
Recorded : Fehruary 3, 1983
Auditor's No. : 8302030015
Term Agreement, as follows:
Dated : March 23, 1983 .
Recorcled : May 9, 1983
Auditor's No. : 8305090107
By and Between: University City Inc.; and J.C. PermeY C:oupanY Inc., a
Delaware Corporation
WHEREAS, Tenant opened the "additional second floor" (as de.scribecl in said
Lease) for businP--q to the public on June 5, 1981.
NOW, Tf-DREFORE, the garties hereto do hereby covenant and agree, as follows:
1. The term of said Lease has been exte-rded for a period comnencing June 5,
1981 and expiring June 30, 1991.
2. The tezm "lease year" shall mean a period of time beginning on the first
(lst) day of July and ending on the thirtieth (30th) day of June.
Lease Amerdnent Agreement.
• Between : University City, Inc., a W n Corporation anci J.C.
pe.nt-ey Canpany, Inc., a Delaware Corporation
Dated : April 18, 1996
Recorded : June 13, 1996
Auditor's No. : 4004347
40. Deed of Trust, Assignme.nt of Rents and Security Agreement to seczre an
inde.btednPq-, of the amount herein stated.
Arnount : $10, 500, 000. 00
Dated : Deceznber 30, 1981
Recorded . December 30, 1981
Auditor's No. : 8112300205
Grantor : University City Inc., a Washington corporation
Trustee : Pioneer National Title Insuranc.e Coupany .
Beneficiary :The Old National Bank of Washington
Agreement For Mod.if ication of Deed of Trust
Dated : October 29, 1985 .
Recorded : Oct:ober 31, 1985
Auditor's No. : 8510310253 Between : University City Inc., a WastLington corporation; and,
Old National Bank of W n
The beneficial interest under said Deed of Trust was assigned by instrtunent.
Dated : not disclosed
Recorded : April 21, 1989
Auditor's No. : 8904210211
Assigned to C: west One Bank, Idaho, N.A-.---..,
Arreement for Amei-dment and Modification of Deed of Trust, between University
. City Inc., a Washington corporation And West One Bank, Idaho, N.A.
Dated : January 25, 1990
Recorded : February 6, 1990
Auditor's No. : 9002060188
41. Assigrnment of ipc,-,or's Interest in all preserit and future leases and tenancies
E~cecuted By : University City Inc., a Washington Corporation
To :'Ihe Old National Bank of Washington, a national barik
Recorded : December 30, 1981
Auditor's No. : 8112300206
Ass igrunent of Ass ignnent of LPIZIor' s Interest in Leases
Dated : Fe:hruary 7, 1986
Recorded : Fe.bruary 11, 1986
Auditor's No. : 8602110172
To : Old National Ban}c of Washington and U. S. National Batz}c of
Oregon
Said Assignment was rerecorded on March 7, 1991 under Auditor's File No.
9103070243. 42. Deed of Tni.st to secure an indebtednP--q of the amount herein stated and any
other obligations payable under the terns thereof. .
Amount : $lo, 500, o00 . o0
Dated : Decelnber 30, 1981
Recorded : December 29, 1982
Auditor's No. : 8212290317
Grantor : University City Inc., a Washington corporation
Tru.stee : Pioneer National Title I.nsurance Gorrpany
Beneficiary : Zhe Old National Bank of Washington
Agreernent for Modification of Deed of Trust, between University City Inc., a
Washington corporation And Old National Bank of Washington
Dated : Oct.ober 31, 1985
Recorded : October 31, 1985
Aud.itor's No. : 8510310254
The beneficial interest under said Deed of Trust was assigned by inst-nunent.
Dated : not disclased
Recorded : April 21, 1989
Auditor's No. : 89~04-21G204 Assigned : West One Bank, Idaho, N.A. -
~ J
Agreeme.nt for Amer~nt anr3 Modification of Deed of Trust, between University
City Inc., a Washington corporation And West One Bank, Idaho, N.A.
Dated : January 25, 1990
Recorded : Febnzary 6, 1990
Auditor's No. : 9002060189
51ubordination Agreement Recorded : October 26, 1994
Auditor's No. : 9410260714
Referencing the Deed of Trust recorded under Auditor's File No. 8212290317 and
the Deed of Tru.st recorded under Auditor's File No. 9410260708.
_ 43. Assiynment of Lease and Lease Rights, as follaws:
Dated : October 11, 1983
Recorded : Oct.ober 25, 1983
Auditor's No. : 8310250042
To : Old National Bank of W n- North Division Branch
By : City of Sound Enterprises Inc.
This assigrnnent is executed with the right of re-assigrnnerit for the pur-pose of
sec-ur inx~ paynent o f note dat ed October 11, 19 8 3, in the amomt of $ 6 0, 0 0 0. 0 0
under City of Sound Dztexprises Inc. .
. , • •
44. AT"1 l.3_TxeCordEd lease d~fectZt"cj the premLlSes hereiI'1 5~~ted, tO the Lp-ssee hP. re'lxl
nama3., for the t.em arsd upan the itexrrs, coves~nts ard corxiitions t,herein
provided.
~ted : July 3-6, 1980
Lessep- : City of Sourd Er7te.rprise-s Ync.
'SexTns : not d-is,closed
Af f ect,s .
45. Assignment c)f I~q-,ee' s Interest in Lease, for security for the payrrerYt af any ,
ard all loans, whether r?--a exas-tirg or hereaft.er cr~eate.3.
Dated : Apri1 13, 1984 _
RecOrded : May 17, 1984
,
Auditor' s No. : 8405170219
By ; Chapai,z-sa irport.s Irr-, daa C & E Na.riagemexyt Inc., ciba ZaChapina
and LaChapina Fspart
Tb : W n 'II-ust Bartk
46. An urrecorded. Yease affecti.M the pre-mises herein stated, to the Less.ee hex-ei n
naned, for the t.erm and upOn the tarms, covenants ard conditions thereirr
provided.
Dated : June 1, 1983
L--:~ --ee : 5kybiridge Ha11max-k Shop Irc., dba The C-oslirig
Terrs : not disclosed ~
Aff ects :
47. Ass igrm-ent of Lease ~
Tb : old National. Bank af W n
By : 5kykridge Hallma.rk Shap 3nc., dka TYie Gosling
Dated : Jtly 17, 1984
Recarded. : Ju3y 19, 1984
Auc3-itor's No. : 8407190213
48. A secu_rity interest in gaads unde.r the provisions of the thiform ccmTp-rcial
Coder RC.W 62A f C3,1sCid6ed by f1rox1c1ng St3'tement fY12d in the C?ff1r-e of the
CoL1i1ty AudltC}r.
Debtox- . 5quire- Shcps Irc•
. Securecl Party : Seattle--Fi.rst National Bank, corparat-e bank-irrg fKijxg CountY
Filed : August 29, 1955 , . .
Aud.itor's No. : 8508290207
A Continuation af Finarjcing Statemp-nt was recorded cn May Y99D under
Auditor fs File Na. 9005070205.
49. An unrecorded lease affectirg the premi.ses herein stated, tn the herein
. named, for the texm and upan the texms, oaverants and corxditians t-herein
provided.
Dated : Octokp-r 19, 1981
Lessee : Gearge R. Dodson rnc, r aWashirrgt.on cozporation
Terms : not dz.sclosed
Rewrded : Auciust 22, 1986
Auditor' S No. : 8608220138
Affects :
50. Assigrment of Le--,s~' s Interest in Ipzse fcr seczzrity for the payment of arYy
and all 1oans, whet,hex rxcw existing or hereafter crea.ted. .
Dated : November 7, 1980
Recorded : June 20, 1983
Auditor's No. : 8306200206
By : C& E Marzagement Inc., dba Lachapiria & Lachapina Fsport
To : Washington 'Inust Bank
51. A seclirity interest in goods under the provisions of the Uniform CcArnnercial
Code, RCW 62A, disclosed by f inancing statement f iled in the of f ice of the
County Auditor.
Debtor . Epicunis, Inc •
Secured Party : Was,hington 'Irust Bank ,
Filed : August 31, 1987
Auditor's No. : 8708310107
Collateral : All equipnent, fixtures, leasehold improvelnents and furniture
naw located at University City Shopping Center -
A continuation of said Fir3ancing Stat.enient was recorded on June 8, 1992 under
Auditor's No. 9206080368.
A continuation of said Financing Statement was recorded on June 5, 1997 under
Auditor's No. 4109141.
52. Assigivment of Ip--qo"r' s Interest in Lez.se, for the pLrpose of securing payment
of all swns now or at any time hereafter due the Assignee.
' Assignor : EpicunLS, Inc.
Ass ignee : WashL~-gton Tnust Baik
Dated : August 19, 1987
Recorded : August 31, 1987
Auditor's No. : 8708310109
53. Consent 'Ib Removal of Personal Property
RE . Epicur-u,s, Inc. .
By . University City Inc.
'Ib . W n '1rust Bank
Dated : August 19, 1987
Recorded : Sept,ember 3, 1987
Auditor's No. : 8709030134
54. Assignme.nt of Lea.se, for security puz-poses only for sums due and owing or
becoming due and awir)g from Raymond R. iansing to Robert D. McCall and
Eli2abeth B. McCall, husband and wife, under that certain Asset Purchase
Agreement dated May 1, 1985.
By . Raymond R. Lan.sing
To : Robert D. and Elizabeth B. NicCall
. Dated : May 1, 1985
Recorded : May 2, 1985
• Aud.itor's No. : 8505020186
55. Title Notice and the terms and conditions thereof.
Given by : Spokane Comty Planning Department
RerJardi-ng : Prope.rty of Tracts 221, 222, 223, 224, 225, 226, 227 and 228,
C3pportunity, according to Plat recorded in VolLmye "K" of Plats,
Pages 20, 21, 22 and 23
Dated : September 6, 1989
' Recorded : September 7, 1989
/
~
kr i` . • J/
AL1dltOrf S No. : 8909070138
56_ COmmOtl Law ASSIgnmeZt, d5 fC111oS+tiJs:
D3te3 : FebruaZy, 1988
Recordecl : Fearuary 10, 1988
Auditor's No. : 8802100128
$y , '1'attS FOr Menr I? 1G w
To : spokane Merchants' Assk~iation, a cox-poration
Bank accounts f acoomts receivable, notes receivable, contracts receivable,
furnitux-e, f ixtures and equipment, work in progress, i.nvent~ry, finistred work
not yet delivered and al l other assets of every kind and, ratxare.
57. A se=ity i-nterest i-n goad-s unde-r the provYsicns of the Liniform ~mrercial
Code, RC~ 62-A, d-isclor-.~ by f ironcing statement f'iled in the of fi+ce of the
County Auditor.
Debt-or . Crcwn Products Il-c .
Se=E~d. Pas-ty : EVargel Book Center Tnc. .
Filed : July 7, 1988 _
Auditor's No. : 8807070165
A Continuation of said Finoxxcing St.atemaryt was x'ecorded unde.g Auditor's File
No. 9307060578,
58. ,Mort.gagee' s waiver, be'tween First. Interstate Ban3c of w n, N. A. AND
Cat'leS171e M. NDbler dbcl Catherlne' s ANd Lh'ILVerSlty Clty Yi1C .
Dated ; F~ruary 11, 1988
Recorded : July 27 , 1968
Auditorfs No. : 8807270078
59, A security ir-iterest in goods urdex the provisians of the Uni~ol-m commercial Ccde, RGW 62A, disclosed by f inarcarxg stat.ement filed in the office of the
Cou.r"ity Ax.xditor.
.
Debtor : University Cit-y, Inc.
Se=ed Paxty : We-at Drie. BaDk, Yclaho, N. A _
Filed : April 20r 1990
Auditor's No. : 9004200112
Azrae.rdxent to Firtiarkczrq staternent was recorded an March 15, 1996 urxder
Auditor's F'i1e No. 9603150445.
. : •,.i
Said ' t was rerecorded ori May 10 f 3996 as Auditor's File No.
9605100146 to: Correct the legal description
_ E0. Deed of Trust to secu're an a.ndebtednP---, af the anxo;mt herei-n stat.ed and any
other obligatiars payable ur7de.r the texms thereaf.
ArnoAmt : $10 f 077, 2 63. 17
Bated : Mareh 30, 1990
Recorded April 20, 1990
Auditor' s No. : 9004200109
Gra"itQr : UTllverslt]l Clty, IZ"lC. t 1 W i3 CL]IpDrat1oI1
TtlLStEe : T1cx4~1t:l-~~ . C,,~Y
Henef iciary ~Wegt O-ie TBank, X~of . A. , a na.ticrrYal banking a-,z,~iation
~
Said Deed of Tr.z.st 1as been rodi.fied under Auditor's File Nos. 9105070001,
9109190136, 9111120035, 9204300024, 9308100322, 9401060599, 9502130400,
9502130401, 9509110411, 9603070240, 4034378, 4075493, 4079081, 4119423,
4175333, atzd 4241358.
61. Assignment of Iessor's Interest in Lexises-
Between : University City, Inc., a Washington Cozporation ai-d West One
Bank, Idaho, N. A., a national ban}cing as.sociation
Dated : March 30, 1990
Rec.orded : April 20, 1990
Auditor's No. : 9004200110
Subordination Agreeme,nt
Recorded : October 26, 1994
Auditor's No. : 9410260712
Referenci.ng the Deed of 'Irust recorded under Auditor's File No. 9004200109 and
the Assigrunent of Lease recorded under Auditor's File No. 9004100110.
SZzbordination AgreEment
Recorded : November 30, 1994
Auditor's No. : 9411300208
Referencing the Deed of Trust recorded under Auditor's File No. 9004200109 and
the Assignment of L,ease recorded under Auditor's File No. 9004100110. -
62. S1.ibordination Agreelnent
Recorded : Oct,ober 26, 1994 ;
Auditor's No. : 9410260711
Referencing the Deed of 'IYust recorded under Auditor's File No. 9004200109 and
the Deed of Trust recorded under Auditor's File No. 9410260708.
63. A lease affecting the premises herein stated, meinoraridLUn thereof dated and
recorded as herein set forth, executed by and between the parties herein named
for the term and upon the ternts, covenants and conditions therein provided.
Dated : January 2, 1991
Lp,---,or : University City, Inc., a washington Corporation
LPc-,--ee : Voltme 5hoe Corporation, a Missouri Corporation
Recorded : August 9, 1991
Auditor's No. : 9108090056
Terlns : 10 years
. 64. A lease affecting the premises herein stated, memorandwm thereof dated and
recorded as herein set forth, executed by and between the parties herein named
for the term and upon the terms, cove.nants and conditions therein provided.
Dated : July 31, 1991
Tpssor : F& N Acquisition Corp., a Delaware Corporation
' LE.'SSeC : Ir1IilOI'1tS Apparel, IT1C . , a Washington COrJOX"dtlOl'l
Recorded : July 31, 1991
Auditor's No. : 9107310370
Terlns : Not disclased
65. A security interest in goods under the provisions of the Uniform Canunescial
Code, RCW 62A, disclosed by financing stateme.nt filed in the office of the
County Auditor.
Debtor . Spokane Shirt Works, LTD.
Seclired Party : U. S. Bank of W n, National Association
Filed : February 27, 1992
. , , .
, • ' • - .
AL1d1tAZ'S No. : 9202270146
Continuation of Firanciryg Stateffent was recorde3 on December 3, 1996 under
Auditor's File Na. 4058831.
66, Ass ignment af Lease. (C3n.].verszty City)
8y aiid Hetween: The .Estate of Geneva D. Thomhill by Gvrdon Budke as Fersona1
Representative to Seattl.e- First Natiorial Hat-k, as Trust.ee
under trie Last Wil1 and Testament of Geneva D. 'Ihornhi11
Dated : ASay 26,
Recorded , July 30r 1992
AuC31tDr' S ND. : 9207300430
Regarding . L.ease dated as of September 30, 1968, between Harald B. '
Thorntdll and ceneva D."YYiorrhii 111 as land-lard r and LTnivezsity
City, Irc.,a w ncorporation, as tenant, as amender1 by'
that cer~ain Amendment to Lease dated August 2, 1990, between
Thornhill, as lar,dlvrd, a,nd [hniversity City, as tenar,t.
67. Aseciirity interest a..n gvacls undex the pravisian.s of the CJnif(Drm Ccua~-_rclal
Cocle, RCW 62A, dzsclosed by firox)cing stat.ement filed iri the office of the
County Aud-itor.
Debtor : Ltriversity City, _InC-
Secured Party : Farmers & Merehants Ban}t af Rackfozd
.
F i 1 ed : Naverrber 18, 1993
Auditar's No. : 9311184245
~
UG'C No. : 205890
68. Deed of Tru.st to sec.zre ari indebtad.ne-ss of the amunt herei n stated arrd any
other obliclataons payable under the t.exm thereof.
. Amount : $800, 000. Qa
Dat.ed : Navembe7r 16, 1993
Recorded : November 23, 1993
' ~udLtorf s lYo. . 9J11234.+L6`# • .
GraI7tDr U1'aV CitY, InC•-,s.a_W 71 COrpOrdtloI1 _
Ttl}Stee Cm-pany-)
d~
~ - & ~`chants B~.nk~ R - - or
B~n~f~.ci~y ~ - .
59. Martgage ~secure an indebtedness of the a~ ein s tated and any othex
amxmt s payable unde-r the tetn-s thereof, ,records of Spo}cane County, W n.
,►~Tnoun~ - : $500, 000. 00
Datei • : NOVernbPr 16, 1993
Reoorded : Novembex 23, 1993
Aud..i.tor~s No. : 9311230268 .
MortC~'ctgor- . U"11versX.ty Clty, InC.
- Mortgagee ; Farim°i-S & MeSchaI-1tS Bank Of R4c}CfOrd
70. HaZ3rdQu.S Substances CeI-ti~ir-ate arKi TYdenTLlt]l.
D3t.ed : A1oVember 16, 1993
Executad by : Uri-iversity City, Inc. and Farmers & Merchants Bank of Rcckford
Recordedi : Novenber 23r 1993
At.ditor{s go. ; 9311230267
71, Ass-tgrtt-p-nt as iqnm-q all Rents. Executed by : Universit-y City, Im.
To : Farmp= & MercY=ts Bank of Rockford
• .
. . -
Recarded : Nvvember 231, 1993
Auditor's No. : 9311230266
72. ,Assignment and Ass~tion of Larnonts' Lease.
Dated : I~~vembe.x- 2, 1993
Executed by : F,e1 U-City Laxriited Far+tnership, a W r-i limited
, parU)ei'p a.nd Umiversi.-ty City, Inc. , a wasI7ington
Carparation
Recorded ; November 23, 1993
Audltorf s No. s 7,311230463 ,
73. Ie~sehD1d Deed of Trust tD SE'L:Llre 3I1 indebtedness Of t"1e ai1DuI1t hPre1.T'l stated
and any ather obligations payable under the terns thereof.
Amount : $101077,263.17
Da.t-ed : I3ovembe]r 30, 1993
Reco-rded : January 6, 1994
A,U.ditor I5 No. : 9401060600
Grantor : ihdversity City, Inc
- • . Tnist.ee : Pioneer Tit 1 e Co. of Wa-shington
Beneficiary : West _-One- Bank,=_-Idaho~_ .
Amendnents of Izase-hold Leed of Trust_
F&cord2d :February 13, 1995 r SepteIflbex 11, 199 5 f March 12, 19 9~~
September 11, 19961 February 7, 1997, Febr.l,ary 24, 1997,
Uuly 9f 1997, january 5, 199Q Clli..i xJ111y O, 1990
Aucitor's No. : 9502130402, 95o21304o3r 9509110410, 9603120326, 4034379; . .
4D754941 4079080, 4119424, 4175334 and 4241357
'I'o : Extend maturity c1ate
74. A security interest in grocLs under the provisiors of t-he U~uform Commercial
Cc]de f FCW 62A, disclosed by finou-icing statezrent filed in the office- of the
Count~ Auditor . . ~ Debt.or : []rYiverSity City, InC. ' .
SecLirec3 Party : West Cne &wi'k, Icaho
Filed : Januaxy 13, 1994 -
Al.d-itor~s No. : 9401130148 -
[JCC No. : 205120
An ame-rKtnent of said Fiterfcing St.atentent was rccorded on March 15, 1996 under ,
Auditor' s No. 9603150444.
75. Subord,i1'ation Agreenent
Recorded - ~.~ater 26, 1994
Atxd-itor's No. : 9410260713
- Re,fere.t°rc,i,ng trie Daed of 'I'ru.st recor►ded under Auditor 's File No.94J.02607 08 axd
the Deed of T'rust recorded under Audit.or's Fi1e No. 9401060600.
76. Q--rtificatian of delirqaeant sewerage cbargP-s.
Arnount : $578. 7 1
Late3 : May 4, 1994
ReoDrded : May 5, 1994
Auditor's No. : 9445050502
77. C*~ed af Tr-4.st t.o secure an indeb-tedness of the amtant hex-ein stated ard any
.
other oblzgations payable under the texms thereaf.
` , .
Amount : $218,154.43
Dated ; October 24, 1994
Recordel3 : October 26, 1994
Auditor's No. : 9410260708
Grantor : Universitx Citx, Inc., a W i n Corporation
Tru.stee : Transamerica Title Insurarx:s C,ampany ~
Beneficiary : F'armers & Merchants Bank of RcxJcford
78. Assignment assigning all R;ents.
Ececuted by : University City, Inc., a Washington Corporation
To : F'arniers & Merchants Bank of RocJc.ford
Rec:orded : Oc.-tober 26, 1994
Auditor's No. : 9410260709
79. Hazardous SZzbst.ances Certificate and Indemrti.tY.
Dated : October 24, 1994
Recorded : October 26, 1994 Auditor's No. : 9410260710
80. Waiver and Cortsent by Real Property Owner(s)•
Between : Foothill Capital Corporation, a California Corporation and
University City, Inc., a WastLington Corporation
Recorded : June 7, 1994
Auditor's No. : 9406070586
81. Notice to Propezty Owners•
gY : Modern Electric Water CouTpany
Dated : Maz'Ch 6, 1995
Rccprded : March 8, 1995
Auditor's No. : 9503080359
RegardiN ; Moclern Electric Water CaTq:any is entitled to foreclose its
lien ' against the land and recover the costs of foreclosure and
attorney' s f ees as wel l as the unpa id charges f or wrater and
electricity
82. L.andlord, Vendor, or Mortg'agee Waiver and Consent.
Recorded : August 23, 1995
Auditor's No. : 9508230360
83. Notice to Property Owner of Right of Utility to Foreclose Iden for Lhnpaid
Utility Services as a Mortgage.
gy ; Modern Electric & Water Company -
Dated : March 25, 1995
- Recor,ded : March 26, 1996
Auditor's No. : 9603260239
Regarding :'Ihat there exists uripaid and ou ' g charges for said
: services rendered in excp--s of the stnn of $22,000.00.
84. A security interest in goods undex' the provisions of theUniform C,amTe-rcial
Code, RCW 62A, disclosed by f inancin9 stateme-nt f iled in the off ice of the
County Auditor.
Debtor : Kamalot, Inc., dba Dollars
Secured Party : Farmers & Merchants Ban}c of Rockford
Filed : September 5, 1995
Auditor's No. : 9509050217
UCC No. : 208204
85. Covenants, Conditions, Restrictions and Easements contained in plat and
' dedication, but amitting any Covenant or Restriction based on race, color,
religion, sex, handicap, familial status, or national origin un1Pqs and only
to the extent that said covenant (a) is exempt under Chapt.er 42, Section 3607
of the United States Code or (b) relates to handicap but does not discriminate
against handicapped persons.
Plat : 5hort Plat 95-1019
Voluane/Page : 12 of Short Plats/84-85 .
86. Building Set-Bac3c lines as delineated on the face of the plat.
87. An Easement affecting the portion of said prenises and for the puzposes stated
herein, and incidental purposes, delineated on the face of, or dedicated by,
said plat.
For : Utilities
Af fects : 10 f eet showm on plat
88. An Fasement affecting the portion of said premises and for the purposes stated
herein, and incidental purposes, delineated on the face of, or dedicated.by,
said plat.
For : F1uture acquisition
Affects : 10 feet shcxm on plat
89. Reciprocal easement agreement for ingrPcq, egrPq-- and parking,
Between : University City, Inc. and Taco Bell Corp.
Recorded : May 23, 1996 Aud.itor's No. : 9605230473
90. Covenants, Conditions and Restrictions contained in Declaration of Protective •
Restrictions, but omitting any Covenant or Restriction based on race, color,
religion, sex, handicap, familial status, or natiori;il origin un1P--s and only
to the extent that said cove.nant (a) is exerrpt wnder Chapter 42, Sec.-tion 3 607
of the United States C:ode or (b) relates to handicap but does not discximinate
against handicapped persons.
Recorded : May 23, 1996
Auditor's No. : 9605230474
91. Agreement authorized by Resolution No. 960258, vacation of Walnut Road, as
follaws:
Between . Property owner and spokane c:ounty
Dated : August 26, 1996
- Recorded : August 28, 1996
Auditor's No. : 4030036
1. Provide a through traf f ic lane with a minimwn width of 20 f eet f or service
and emergency accpz-, and drainage over and across the Southerly 20 feet of
said property.
2. At such time as the adjacent properties East or West of the herein
described property itrprove a similar access strip for service use, the awners
agree to itprove the subj ect strip in a like manner and to maintain same in a
safe, passable condition for vehicular traffic.
} _
.
i
3. No ac.ce.ss is to be al-lawed to or from th~ ~onre.r Dld Q-icago, Milwaukee,
st. Paul and Pacific Railway CnmpanY's right af way, naw oouzty pr°Perty, ard
vacated walnut Road.
4. This agreexrent slall nm wit-i the lard and be ircluded in any sale of the
vaca.ted right of way or adjac.ent property.
92. Ale,~ise affect~ the prerr-ises hereiri stated, memararxdLn thereof dated and recorded as herei-n set forth, executed by and between the parties hereirr rsamed
far 'the te,rm and upon t.he terns, covenants an+d corxiitions therein grovided.
Dated : Apx-i]. zs, 1997 .
LesSor : L)n1ve.rslty City, InC., a W 13 CJrporatlo]n
Lesssee : Les Schti,ab Ti~e Centexs of W n, Inc., a WashirKjton
Gorparation
Recordea : July 14, 1997
Auc3itor#s hia. : 4120847
- Terrns : Not c3.i-sclcGed •
93. Certifi.cation crf de linquent sewer-age charges,
Amount : $181606.58
Recorded : Agril 22, 1998
Auditcrr' sNo 4212079
94. Pendency of an action in 5uperior Ccrurt.
Cau-,----- No. : 96203046-0
Entitled . RDsauers S~arkets, Inc., aW n Carparation,
:Plaintiff u. University City, rnc., a W nCorporatiorr
: Defersdant
An Action : Conplaint for Breach of Contract and fcar Injux~ive Relief
Att=ey far Plaintiff: Randall & Dan,skin, P.S.
~,~j/ " Tne Company hes not surveyeG thp premises sketched,
Ths sketch bnow is fumisheC with,out cnarge solefy 1or the pur"
' ; ~,1,~1~..~~.r . ' r-.. ~i
of ass:sttng in loca;ing said pr°mises ond the Compz;ry assumes oc
. i . ~
_ r_~ • ~ it,tit;rtv inr tn,~r.rjmjcies therein. Ii does nof ourooI to St+~ow All
+,iJ ~ S ~ .i. ~ 1 ' . ~ • ~4.,~,,. ~ I'.~ . ~ Wgh*4~ {p30i Oizd e2s-erno+tlt a,d1a! Ii r i p~ cnid-=Mbti .
: ~ ' ~ ; ' . K~ ' ~ /S5~ 3 s~ ~Sf •f ~ ~tf.~,
f-f
. . , ` ~ ~I ~'t ~ ~ ~1
~ ~ tper"'r;, ~!I:i} • . M •
31l~
I, k
1 7
I ' ~'l:A I
rr t` ~
Q a~= !
N f ~
~
; i i ~ xi'~~ ► i a , ~ ~
~ ~ ~t_ "CY.~1• ~ ~
Z.O.
il ~Mi t ~ Y..+r I~ 0 I, r' • , . . _ . ' . . . ' m i C
_.L .~.=401. 1..:
- - • - • a I f ~ . . • . . _ ` . V
:~tT.~_':?'~!gY.~'~Ms^3L~ ( '/.Z~.S .~at rA~ ,ET~f'~=a. p.~ ♦~i11/ •
`D/V I LN IrrJR BLXS N E S--~ zo:o.;
uNil
i,.v 4,41 2 0 5 4 1 =2 3 c;
~ ~i~.~ i ~ro ' i~r•L ; ~.o ' ~ ~ 7 . _ ~ ~rs ~
o,
r~ ~I
~ ~ ( ~ ~ ~ ► . . ~
;
I
r% 1I 6 . \
0'
` ~ ~
Ul
✓ 8~34~ U
Fi.7
~ h i C~ ► ,
/TN
iTc'_
7'r a' T - • '
~V ~ jp ~t'~c ~to l'3'~• i~y'~ ~~r~ 7;•.. ~ / ~
t'.. I o I
-00 . , D ~1 ~ ~ , Q • ' ~ ! M , r ~
QD
I Q ` °
i
DRAINAGE LANGUAGE F BSP 56=97 r9l!
DD
- - _
Reviewer: Doug Busl:o, P.E.
Date: Tuesday, August 25, 1998
The property oNvmers vNqithin this binding site pivi shall be held responsible f.or keeping open and maintaining
the surface path of natural or m;ui-made CIC11111goC fl0w over arid across tlieir respective properties. If the
property owner(s) faiis to maintain thc siu-face path of natural or man-made drainage flow, or the dra.inage
swale, a notice of such failure mav bc givcn to the property o\\iier(s). If not conected within the period
indica.ted on said notice, Spokanc Cowity has the right to correct the maintenance failure, or have it corrected,
at the expense of the properly 0wI1CI".
There may exist propcrties locatcci uphill and 1ClJ;LCeI1C t0 tlllS subdivision which periodicall_y discharge
stormwater runoff onto individual lots witliiil this pl.1t. Ruiiof.f from nearby uphill properties should be
expected, and dLiring snowmelt pe►-iods or \.vct scasons the lots may be subjected to higher amounts of
stormwater nuioff tllat what is nonnallv obscrved or anticipated. Because stormwater nuloff from adjacent
properties have discha.rged onto this plat prior to devclopi»ent, storniwater nenoffwill likely continue to do so
after development. It is the responsibility OF thf: 111CIIVICIUII IOC O\~t-ners to maintain existing surface paths of
runoff through their respective lots vld to grade thc lots In accordance \vith applicable rules and reguYations,
so as to prevent property dtirnage.
Any building that is consti-ticted on 1 lot in this p11c shall be set at such a.n elevation so as to provide positive
drainage away fi-om a.uy dr;tinc-ige entry point to the bUilding (including but not limited to a window well, a
Nvindow unprotected by a\vincloNv \vell. or a dooiway). Saicl positive draillage shall eonsist of a minimum
slope of 3% aNvay from tllc building for a dista.ncc of at Icast 10 fieet from the building. The lots sha11 be
graded so that either a) all i-tinoff is routed away fi-om the building, aiid conveyed over the lot to a natura.l
drainage s-vvale or approved drainage facility, or b) drainage intercepCed on the lot is disposed of on the lot in
an approved drainage facility. Thc lpprovcd drainagc facilit_y shall be constructed in accordance with any
applicable accepted plans on filc ar thc Countv F11g111eCC'S Office. Any rcvisions to the accepted drainage
plans must be accepted by the County Lngineer's Office prior to construction of said revisions.
This binding site plan is located within the Aquiftr Seilsitive; Area (ASA). Treatment of storm runoff from
asphaltic or- conta.nlinated surtaces shlll bc provided for each lot. Drainc-ige plans and calculations adhering to
the Cowlty's GuidelinES for Stor►mwzter Mvlagcmcnt 111ust be submitted for approval by the County
Enginecr, prior to release of a building permit for tlch lot.