Loading...
6799350 Easement, Drainage: Knox Ave Sidewalks #027904/23/2019 01:37:54 PM Recording Fee $103 00 Page 1f 5 Easement SPOKANE, COUNTY TITLE COMPANY Spokane County Washington 11111111 111111111111 111111111111111111111II111111111111111111111111 AFTER RECORDING RETURN TO: City of Spokane Valley City Clerk 10210 E. Sprague Avenue Spokane Valley, WA 99206 Document Title: Drainage Easement Grantor(s): Spokane County Water District #3 Grantee: Government, City of Spokane Valley Abbreviated Legal Description: MICHIELLI PK 2ND 63 Assessor's Tax Parcel Number(s): 45074.0444 CITY OF SPOKANE VALLEY Community and Public Works Department Spokane Valley, Washington DRAINAGE EASEMENT 6799350 5PI'1oos IN THE MATTER OF Knox Avenue Sidewalk (City of Spokane Valley Protect No. 0279, hereinafter referred to as the "project") KNOW ALL MEN BY THESE PRESENTS, that the Grantor(s), Spokane County Water District #3 a quasi -municipality, for and in consideration of mutual benefits, the receipt of which is hereby acknowledged, warrants and conveys to City of Spokane Valley (City), a municipal corporation of the State of Washington, an DRAINAGE EASEMENT over, upon, and across the following described real property, situated in the City of Spokane Valley, Spokane County, State of Washington, to -wit: See description as shown on 'Exhibit A,' attached hereto and made a part hereof. The Drainage Easement as shown hereon is hereby granted to the City, and to the public for drainage purposes, including but not limited to allowing stormwater drainage and/or runoff over and across the above-described real property, including but not limited to disposal into a drainage facility located within the real property described above. The Grantor(s) or their successors in interest hereby agree not to obstruct, artificially collect or discharge the flow across or adjacent to the above-described real property. The Grantee(s) or their successors in interest hereby agree to having complete and total responsibility for the construction of all related drainage facilities located within this Easement, per the accepted civil and drainage plans on file in the office of the Engineering Division, including but not limited to all drainage facilities necessary to convey, direct or route the stormwater and/or runoff to said drainage facility or facilities The Grantee(s) or their successors in interest hereby agree to having complete and total responsibility for the perpetual maintenance of the drainage structures located within this Easement. the Grantee(s) or their successors in interest shall, at Grantee(s) sole expense, modify the Grantor(s) existing sprinkler system to accommodate for any grade changes caused by installation of drainage facilities. Grantee(s) or their successors in interest shall bear the initial cost of installing or planting ground cover over the drainage area, after the initial drainage facilities are installed When maintaining any drainage facilities within the easement, Grantee(s) or their successors in interest shall be responsible for restoring the ground cover, the sprinkler system, or other fixtures to the condition such items were in prior to such R. 6.Excise7exExempt �23 20 19 maintenance. When installing or maintaining drainage facilities within the easement, the Grantee(s) or their successors in interest shall comply with all existing or future sanitary control zone regulations with regard to the subject property. The Grantor(s) or their successors in interest agree to and shall maintain the drainage area with permanent live ground cover, which may include shrubbery and/or trees, so long as they do not obstruct the flow and percolation of stormwater drainage and/or runoff. The City does hereby covenant and agree as a covenant running with the land that (1) no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishing of services thereon, no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the City will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended. This Grantor's signature below acknowledges the Grantor's donation of the drainage easement to the City for transportation purposes is made voluntarily for mutual benefit, and with full knowledge of their right to receive just compensation for the land, property rights, improvements and/or damages to the remainder. The Grantor, therefore, releases the City from obtaining an appraisal of the acquired property. The Grantor(s) or their successors in interest hereby release the City, and all of its officers, employees and agents from any responsibility or liability for inverse condemnation by or to any and all persons or property arising out of or in any way incident to or attributable to the stormwater drainage and/or runoff within this Easement. This Easement and the agreements and duties provided for herein shall run with the land and shall be binding on, and shall inure to the benefit of the parties referenced herein, their heirs, successors and assigns. No modification of the boundaries of this Easement can be made without prior approval of the City. IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this AU J�- day of /&rc 4 2019. �J �// Grantor(s): +. 3 Grantee: L zq=y I/ By: �By: /j % Title: Qj-Mtr, n 2scot .i/ Title: tII 41 6,,..../AE-7-2 STATE OF WASHINGTON COUNTY OF SPOKANE CITY OF SPOKANE VALLEY ) ss I certify that I know or have satisfactory evidence that is/are the individual(s) who appeared before me, and who acknowl h ged that he/they signed this instrument and acknowledged it to be his/her/thein free and voluntary act for the uses and purposes mentioned in this instrument. Granto Dated this date of `' U`-` )Th 201 1 . �i-t y3 Q NOTARY PUBLIC In and for the State f Washington, Residing at VIC My appointmen expires: Q—)3-1 1 STATE OF WASHINGTON COUNTY OF SPOKANE CITY OF SPOKANE VALLEY ) ss I certify that I know or have satisfactory evidence that W1\\ ttj1M 1--EeIlnl , Grantee is/are-the individual(a1 who appeared before me, and who acknowledged that he/§I,../they signed this instrument and acknowledged it to be his/Iwrkheir free and voluntary act for the uses and purposes mentioned in this instrument. Dated this 32 date of , 20 11 . NOTARY PUBLIC In and for the State of Washington, Residing at ane . LOQ- My aMy appointme expires: LA / PA �3 I C 0 U) 0 rn B' DC'PFR' M1CJItE�OB1't1J�� ZNw to 15 30 LP. 60 KNO>, AvE IJUE 586'56'479W 68.16' S86'56'47"W 45 X90'50'37" R=20 00 L=31.71 Tan=20 30 8,699 Sq Ft 45 78' N87'47 24"E DRAINAGE EASEMENT DESCRIPTION 30' N W w N 0 0 w rri A portion of Block 3 of Michielli Park 2nd Addition as recoded in Volume 4 of Plats page 75 in Spokane County described as follows: Begin at the intersection of Knox Avenue and Dale Rood; thence S 0212'36 "E, along centerline of Dole Road a distance of 30.00 feet to the South R/W of Knox Avenue extended; thence S 86'56'47"W, along the South R/W of Knox Avenue a distance of 45.30 feet to the True Point of Beginning; thence continuing S 8658'47"W a distance of 6816 feet; thence S 03'03'13"E, perpendicular to said R/W, a distance of 26 54 feet. thence S 26'05'45"E a distance of 104 41 feet; thence N 87'47'24"E, perpendicular to the West R/W line of Dale Road, a distance of 45.78 feet to said R/W line; thence N 0212'36"W, along said R/W line,o distance of 10301 feet to the beginning of a curve which is concaved to the SW with a central angle of 90'50'37"and a radius of 20.00 feet; thence Northwesterly, along the arc a distance of 31.71 feet to the True Point of Beginning OWNER'S POLICY OF TITLE INSURANCE * Policy Number OX 12448724 {T * Issaed by Old Republic National Title Insurance Company * * Any notice of claim and any other notice or statement in writing required to be given to the * * * Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, OLD REPUBLIC NATiONAL TITLE INSURANCE COMPANY, a Minnesota corporation (the "Company"; insures, a of Date of Policy and, to the extent stated in Covered Risks 9 and la, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or inured by the Insured by reason of 1 Title acing vested other than as stated in Schedule A 2 Any defect in or lien or encumbrance on the Title This Covered Risk includes but is not limited to insurance against lass from (al A defect in the Title caused by (ii forgery fraud, undue influence, duress, incompetency, incapacity, or impersonation, pd failure of any person or Entity to have authorized a transfer or conveyance, hp a document affecting Title nut pi uperly created, executed, witnessed sealed, acknowledged, notarized. or delivered, (iv) failure to performthose acts necessary to create a document by electronic means authorized by law, (vi a document executed under a falsified, expired, or otherwise invalid power of attorney, Zvi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law, or (vii) a defective judicial or administrative proceeding lb) The lien of seal estate taxes or assessments imposed on the Title by a governmental authority due or payable, but un paid (c) Any encroachment, encumbrance, violation, venation, or adverse circumstance affecting the Title that would he disclosed by an accurate and complete land survey of the Land. The term "encroachment' includes encroachments of existing improvements located on the Land onto adjoining land, end encroacninents onto the Land of existing improvements located on adlammg land 3 Unmarketable Title 4 No right of access to and from the Land 5 The nolatmn or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land, Ib) the character, dimensions, or location of any improvement erected on the Land, Lc) the subdivision of land, or (d) environmental protection if a notice, describing any pert of the Land, a recorded in the Public Records setting forth the violation or intention to enforce, hut only to the exten- d the notation or enforcement referred to in that notice [Med through the office Cf: SPOKANE COUNTY TITLE COMPANY NOR1HBANK BUILDING, SUITE 100 1010 N. NORMANDIE STREET SPOKANE, WASHINGTON 99201 Countersign xi A, Authorized Officer or Agent OPT Form re* ALTA UnerPoliof of Me Inumma17.06 OW REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Stock Company 400 Second Amur' Small Mrnnarytbs, Mmnesofe 554W 1612)371-1111 Ely West President Secretary 6 An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice 7 The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records R Any taking bye governmental bodythat has occurred and is binding on the rights of a purchaser for value without Knowledge 9 Title bent' vested other than as stated in Schedule A or being defective la) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title es sbuwn m Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors rights laws or lb) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records I I to be timely, or ( i) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor 10 Any defect in ar hen or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policyand prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A The Company will also paythe costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions EXCLUSIONS FROM COVERAGE The fallowing matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of 1 (al Any law ordinance, permit, or governmental regulation (including those relating to building aid zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land, (0 the character, dimensions, or location of any improvement erected on the Land, 0ii the subdivision of land, or (iv) environmental protection, cr the effect of any violatron of these laws, ordinances, or govern- mental regulations This Exclusion iia) does not modify or limit the coverage provided under Covered Risk 5. IP) Any governmental police power This Exclusion llbl does not modify or limit -the coverage provided under Covered Risk 6 7 Rights of eminent domain This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 0 3 Defects, hers, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant, Ibl not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy, (c) resulting in no loss or damage to the Insured Claimant, (di attaching or created subsequent to Date of Policy (however, this does not modify or !nettle coverage provided under Covered Risk 9 and IC), or lel resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title 4 Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that he transaction vesting the Title as shown In Schedule A Is (a) a fraudulent conveyance or fraudulent transfer, or Ibi a preferential transfer for any reason not stated in Covered Risk 9 of this policy 5 Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Rubino Records that vests Title as shown in Schedule A Page CONDITIONS AND STIPULATIONS 1 DEFINITION OF TERMS The following terms when used in this policy mean (a) "Amount of Insurance" The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased bySeclon Ellhl, or decreased bySections 11 and 12 of these Conditions Ib) "Date of Policy" The date designated as Tate of Policy" in Schedule A lc) "Entity" A corporation, partnership, trust, limited liability company, or other similar legal entity, (d)"Insured' The Insured named in Schedule A, pl The term "Insured- also includes Al successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin, WI successors to an Insured bydissolution, merger, consolidation, d stnoutian, or reorganization, (C) successors to an Insured by its conversion to another kind of Entity, 101 a grantee of an Insured wider a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly-owned bythe named Insured, (2) of the grantee wholly owns the named Insured, (3) of the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly-owned by the same person or Entity. or (4) if the grantee is a trustee or beneficiary of a trust createc by a written instrument established by the Insured named in Schedule A fcr estate planning purposes 4d With regard to IA), (B), (CI. anc (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured (e) 'Insured Claimant": An Insured claiming loss or damage (f) 'Knowledge' or 'Known' Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice at matters affecting the Title (g) 'Land' The land described in Schedule A and affixed improvements that by law constitute real property The term"Land' does not include any property beyond the lines of the area described in Schedule A, nor any right title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways. but this does not modify or lima the extent the- a right of access to and from the Land is insured by this pol icy (h)"Mortgage" Mortgage, deed of trust, trust deed, or other security instrument. including one evidenced by electronic means authorized by law (i)"Public Records' Records established under state statutes at Date of Policy tar the purpose at imparting constructive notice of matters relating to real property to purchasers for value and without Krowleoge With respect to Covered Risk S)d),'Public Records' shall also include environmental protection (rens filed in the records of the clerk of the United States District Court for the district where the Land is located (i) "Tale" The estate or interest described in Schedule A (kj "Unmaketable Title" Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Tule to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title 2 CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of gate of Policy in favor of an Insured, but only so long as the Insurec retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title This policy shall not continue in force in favor of any purchaser from the Insured of either (d an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured 3 NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (r) in case deny litigation as set forth in Section 50) of these Conditions, hi) incase Knowledge shall come to an Insured hereunder of any claim ct title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this poi cy, or (n Q if the Title, as insured, is rejected as Unmarketable title If the Company is prejudiced by the failure of the Insured Claimant to provide prompt nonce, the Company's liability to the naffed Claimant under the policy shall be reduced to the extent of the preiadlce 4 PROOF OF LOSS In the event the Company is unable to detennine the amount of loss or darrage, the Company may, at its option, require as a condition of payment that the Insure] Claimant furnish a signed proof of loss The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy tnat constitutes the basis of loss or damage and shall state, to the extent possible the basis of calculating the amount of the loss or damage 5 DEFENSE AND PROSECUTION OF ACTIONS la; Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions. the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this polity adverse to the Insured This obligation is limited to only those stated causes of action alleging matters insured against by this policy The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action It shal: not be haole for and will not pay the fees of any other counsel The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of act on that allege matters not insured against by this policy (b) The Company snail have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, nr In prevent nr wdrrce Inns or damage tc the Insured The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured The exercise of these rights shall not be al admission of liability or waiver of any provision of this policy If the Company exercises its rights ender this subsection, it must do so diligently (c) Whenever the Company brings art action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a [nal determination by a court of competent junsdlction, and it expressly reserves the right, in its sole discretion to appeal any advise Judgment or order ane CONDITIONS ANO STIPULATIONSlooMO 6 DUTY OF INSURED CLAIMANT TO COOPERATE (a) In ah :ases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid ;q in secuu ng evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and bbl in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured If the Company is prejudiced by the failure o- the Insuredto furnish the required cooperation, the Company's obligations to the Insured under rhe policy shall terminate, mcludirg any liability or obligation to (efend, prosecute, or continue any litigation, with regard to the matter or matters regret -mg such cooperation an The Company may teasonaoly require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium main -tared, including hocks, ledgers, checks, memoranda correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Polcy, that reasonably pertain to the loss or damage Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for ariyauthonzed representative of the Company to examine, inspect, and copy all of these records in the custody or contol of a third party that reasonably pertain to the loss or damage AJI information designated as confidertial by the Insured Claimant provided to the Company pursuant to this Section shall no: be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the dawn Failure of the Insured Clamant to submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim 7 OPTIONS TO PAY OR OTHERWISE SETTIE CLAIMS; TERMINATION OF UABIUTY In case of a claim under this policy, the Company shall have the following additional options (a) To Pay or Tender Payment of the Amount of Insurance To pay or tender payment of the Amount of Insurance uncer this policy together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy. other than :o make the payment required in this subsection, shall terminate, including any liability or obligation to defend prosecute, or contin- ue any lrtigatron Ib) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant (i) To pay or otherwise setae with other parties for or in the name of an Insured Claimant any claim insuied against under this policy In addition the Company will pay any costs, attorneys' fees, and expenses incured by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay, or In) To pay or otherwise settle with the Insured Claimant the oss or damage provided for under this policy, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay Upon the exercise by the Company of either of the options provided for in subsections (*for (uk the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation B DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy (a) The extent of liability of me Company for loss or oamage under this policy shall not exceed the lesser of (i) the Amount of Insurance, or (ii)the difference between the value of the Title as .nsured and the value of the Title subject to the risk insured against by this policy IN If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establisning the Title, as insured (d the Amount a: Insurarce shall be increased by 1 a%. and (ii) the insured Claimant shell have the right to have the loss or carnage determined either as of the date the claim was rade by the Insured Claimant or as of the date it is settled and paid (c) In addition to the extent of liability under (a) and (hi, the Company will also pay those costs, attorneys" fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions 9 LIMITATION OF LIABILITY (a) If the Company establishes the Tale, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeah, it shall have fully performed its obligations with respect to that matter and shall not be table for any loss or damage caused to the Insured IbI In the event of any litigation, including litigation bytie Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured (CI The Company shall not be liable for loss or damage to the Insured tar liability voluntarily assumed by the Insured Is settling any plain- or sun without the prior wrtten consent of the Company 10 REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses. shall reduce the Amount of Insurance by the amount of the payment rax 4 CONDITIONS AND STIPULATIONS (can't) 11 I/ABNTY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed. assumed, or taken subject or which a executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so pad shall be deemed a payment to the Insured under this policy 12 PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days 13 RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (al Whenever the Company shall have settled and paid a claim under this policy. it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent r the amount of any loss, costs, attorneys' fees, and expenses paid by the Company If requested by the Company, the Insured Claimant shall execute documents to evidence the transfe' to the Company of these rights and remedies The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation invoimng these rights and remedies If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss (b1The Company's right of subrogation includes the rights of the Insured la indemnities, guaranties, other policies of insurance, or bonds. notwithstanding any terms or conditions contained in those instruments that address subrogation rights 14 ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to aromatics pursuant to the Title Insurance Arbitration Rules of the American Land Tale Association I"Rules") Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons Arbitrable matters may nclude, but are not limited to, any controversy or claim between the Company andthe Insured arising out of or relating to this policy, any service in connection with its rssudm.e or the breach of a policy provision, or to any other controversy or claim en sing out of the transaction giving rise to this policy All arbitrable ratters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured All arbitrable matters when the Amount of Insurance is in excess of $2,000,C00 shall be arbitrated only when agreed to by both the Company and the Insured Arhumtinn pursuant to this policy and under the Rules shall be binding upon the perces Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction 15 LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CON- TRACT lal This policy together with all endorsements, of any, attached to it by the Company is the entire policy and contract between the Insured and the Company In interpreting any provision of this policy, this policy shah be construed as a whole (b;l Any claim of less or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy lc) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy (dl Each endorsement to this pohoy issued at any time is made a pan of this policy and is subject to all of its terms and provisions Except as the endorsement expressly states, it does not hl modify any of the terms and provisions of the policy. jit) modify any prior endorsement, nal extend the Date of Policy, or 04 increase the Amount of Insurance 16 SEVERABILITY In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under appf icable'aw, the policy shall be deemed not to include that provision or such part held to be invalid, mit all other provisions shall remain in full force and elect 17 CHOICE OF LAW; FORUM lel Choice of Law The Insured acknowledges the Company has underwritten the risks covered my this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the Iunsetction where the Land is located Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy In neither case shall the court or arbitrator apply its conflicts of law principles to deter- mine the applicable law (b) Choice of Forum Any litigation or other proceeding brought by the Insured against the Company must be fled only in a state or federal court within the United States of America or its territories hawng appropriate jurisdiction 18 NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at 400 Second Avenue South, Minneapolis, Minnesota 554012499 Paces Old Republic National Title Insurance Company ALTA 2006 STANDARD OWNERS POLICY SCHEDULE A FILE NO SP18900 ADDRESS REFERENCE 8706 E KNOX AVE SPOKANE, WA 99212 AMOUNT OF INSURANCE: $60,000.00 DATE OF POLICY: April 23, 2019 at 1:38 PM POLICY NO.: OX 12448724 PREMIUM: $527.00 REFERENCE NO.: 0279-KNOX 1. NAME OF INSURED: CITY OF SPOKANE VALLEY (CITY), A MUNICIPAL CORPORATION OF THE STATE OF WASHINGTON 2. THE ESTATE OR INTEREST IN THE LAND WHICH IS COVERED BY THIS POLICY IS: AN EASEMENT AS GRANTED BY DOCUMENT RECORDED APRIL 23, 2019 UNDER AUDITOR'S FILE NO. 6799350 OVER THE LAND DESCRIBED IN PARAGRAPH 4 OF SCHEDULE B BELOW 3 TITLE TO THE ESTATE OR INTEREST IN THE LAND IS VESTED IN: THE NAMED INSURED 4 THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS - SEE ATTACHED EXHIBIT "A" 5. THIS POLICY INCORPORATES BY REFERENCE THOSE ALTA ENDORSEMENTS LISTED BELOW NONE This policy valid only if Schedule B is attached. SCHEDULE A ALTA Standard Owner's Policy (2006) Old Republic National Title Insurance Company FILE NO.. SP18900 POLICY NO.: OX 12448724 EXHIBIT "A" A PORTION OF BLOCK 3 OF MICHIELLI PARK 2ND ADDITION, AS RECORDED IN VOLUME 4 OF PLATS, PAGE 75, IN SPOKANE COUNTY, DESCRIBED AS FOLLOWS: BEGIN AT THE INTERSECTION OF KNOX AVENUE AND DALE ROAD; THENCE SOUTH 02°12'36" E, ALONG CENTERLINE OF DALE ROAD A DISTANCE OF 30.00 FEET TO THE SOUTH R/W OF KNOX AVENUE EXTENDED; THENCE S 86°56'47"W, ALONG THE SOUTH R/W OF KNOX AVENUE A DISTANCE OF 45.30 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING S 86°56'47"W A DISTANCE OF 68.16 FEET; THENCE S 03°03'13" E, PERPENDICULAR TO SAID R/W, A DISTANCE OF 26.54 FEET; THENCE S 26°05'45"E A DISTANCE OF 104.41 FEET; THENCE NORTH 87°47'24"E, PERPENDICULAR TO THE WEST R/W LINE OF DALE ROAD, A DISTANCE OF 45.78 FEET TO SAID R/W LINE; THENCE N 02°12'36"W, ALONG SAID R/W LINE, A DISTANCE OF 103.01 FEET TO THE BEGINNING OF A CURVE WHICH IS CONCAVED TO THE SW WITH A CENTRAL ANGLE OF 90°50'37" AND A RADIUS OF 20.00 FEET; THENCE NORTHWESTERLY, ALONG THE ARC A DISTANCE OF 31.71 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF SPOKANE VALLEY, COUNTY OF SPOKANE, STATE OF WASHINGTON. Old Republic National Title Insurance Company ALTA 2006 STANDARD OWNERS POLICY FILE NO.: SP18900 POLICY NO.: OX 12448724 SCHEDULE B EXCEPTIONS FROM COVERAGE THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE, AND THE COMPANY WILL NOT PAY COSTS, ATTORNEYS' FEES OR EXPENSES THAT ARISE BY REASON OF: General Exceptions: A. RIGHTS OR CLAIMS DISCLOSED ONLY BY POSSESSION, OR CLAIMED POSSESSION, OF THE PREMISES. B. ENCROACHMENTS, OVERLAPS, BOUNDARY LINE DISPUTES WHICH WOULD BE DISCLOSED BY AN ACCURATE SURVEY OR INSPECTION OF THE PREMISES. C. EASEMENTS, PRESCRIPTIVE RIGHTS, RIGHTS-OF-WAY, STREETS, ROADS, ALLEYS OR HIGHWAYS NOT DISCLOSED BY THE PUBLIC RECORDS. D ANY LIEN, OR RIGHT TO A LIEN, FOR CONTRIBUTIONS TO EMPLOYEES BENEFIT FUNDS, OR FOR STATE WORKERS' COMPENSATION, OR FOR SERVICES, LABOR OR MATERIAL HERETOFORE OR HEREAFTER FURNISHED, ALL AS IMPOSED BY LAW AND NOT SHOWN BY THE PUBLIC RECORDS E UNDERGROUND EASEMENTS, SERVITUDES OR INSTALLATIONS OF WHICH NO NOTICE IS OF RECORD. F. GENERAL TAXES NOT NOW PAYABLE; MATTERS RELATING TO SPECIAL ASSESSMENTS AND SPECIAL LEVIES, IF ANY, PRECEDING THE SAME BECOMING A LIEN. G ANY SERVICE, INSTALLATION, CONNECTION, MAINTENANCE, OR CONSTRUCTION CHARGES FOR SEWER, WATER, ELECTRICITY, NATURAL GAS OR OTHER UTILITIES OR GARBAGE COLLECTION AND DISPOSAL. H RESERVATIONS OR EXCEPTIONS IN UNITED STATES PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF. I INDIAN TRIBAL CODES OR REGULATIONS, INDIAN TREATY OR ABORIGINAL RIGHTS, INCLUDING EASEMENTS OR EQUITABLE SERVITUDES J. WATER RIGHTS, CLAIMS OR TITLE TO WATER This policy valid only if Schedule A is attached. SCHEDULE B - Exceptions Old Republic National Tile Insurance Company ALTA Standard Owner's Policy (2006) Old Republic National Title Insurance Company ALTA 2006 STANDARD OWNERS POLICY FILE NO: SP18900 POLICY NO • OX 12448724 SPECIAL EXCEPTIONS: 1. THE COUNTY ASSESSOR'S OFFICE RECORDS INDICATE THAT THE GENERAL TAX FOR THE YEAR 2018, IS EXEMPT; TAX ACCOUNT NO.: 45074.0444 2. LIABILITY TO ASSESSMENTS, IF ANY, BY THE CITY OF SPOKANE VALLEY. FURTHER INFORMATION CAN BE OBTAINED BY CALLING (509) 921-1000. 3. LIABILITY TO ASSESSMENTS, IF ANY, BY SPOKANE COUNTY WATER DISTRICT NO. 3. FURTHER INFORMATION CAN BE OBTAINED BY CALLING (509) 536-0121. 4. COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS OR RESERVATIONS CONTAINED IN INSTRUMENT, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW; RECORDED: March 05, 1942 AUDITOR'S FILE NO.: 535806A 5. RESTRICTIONS, EASEMENTS, SETBACKS AND OTHER MATTERS AS MAY BE DELINEATED AND/OR CONTAINED ON THE FACE OF SAID PLAT, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW. 6. EASEMENT AND THE GRANTEE: PURPOSE: RECORDED: AUDITOR'S FILE NO.: AREA AFFECTED: TERMS AND CONDITIONS THEREOF: CITY OF SPOKANE VALLEY (CITY), A MUNICIPAL CORPORATION OF THE STATE OF WASHINGTON DRAINAGE April 23, 2019 6799350 A.426Rhtof'OF SAID PREMISES END OF SCHEDULE B EXCEPTIONS akg This policy valid only iT Schedule A is attached. SCHEDULE B - Exceptions Old Republic National Title Insurance Company ALTA Standard Owner's Policy (2006) tact: 4 2245 ID 4.0136 404 40421 4 4 0 ,<c a+4 R 14T C5 4031- tits; 4 4 03t3 k 4 ITO? 4.0103 4.1803 704 4 /t701 303 SCT ParcellD: 45074.0444 8706 E Knox Ave Spokane, WA 99212 This map/plat Is being furnished as an aid in locating the herein described land in relation to adjoining streets, natural boundanes and other land, and is not a survey of me land depicted. Except to the extent a policy of tide insurance is expressly modified by endorsement. If any, the company does not Insure dimensions, distances, location of easements, acreage or other matters shown thereon. Spokane County Title Company INITIAL PRIVACY POLICY NOTICE What kinds of information we collect. We collect information about you (e.g., your name, address, telephone number), and information about your transaction, including the identity of the real property that you are buying or financing We may obtain a copy of deeds, notes, or mortgages that are involved in the transaction We may get this information from you or from the lender, attorney, or real estate broker that you have chosen We may obtain information from the public records about the property. When we provide settlement services we may obtain your social security number, date of birth, and we may receive additional information from third parties including appraisals, credit reports, land surveys, escrow account balances, and sometimes bank account information, your credit application, paycheck receipts, tax returns, and bank statements to facilitate the transaction How we use this information. The company giving or specifically adopting this notice does not share your information with outside marketers Theres no need to tell us to keep your information to ourselves because we share your information only to provide the service requested by you or your lender, or in other ways permitted by law The pnvacy laws permit some sharing without your approval We may share internally and with nonaffiliated third parties in order to carry out and service your transaction, to protect against fraud or unauthorized transactions, for institutional nsk control, and to provide information to govemment and law enforcement agencies and during the course of legal proceedings. Credit information about you is shared only to facilitate your transaction or for some other purpose permitted by law How we protect your information. We restrict access to nonpublic personal information about you to those employees who need the information to provide products or services to you We maintain physical, electronic, and/or procedural safeguards that comply with law to guard your nonpublic personal information We reinforce the company's privacy policy with our employees