6844412 Easement, Temporary: Barker/BNSF Grade Separation #0143 09/20/2019 11:14:06 AM 6844412
Recortma Fee 5107 50 Pape 1 of 5
Easement SPOKANE, COUNTY TTLE COMPANY
Spokane County WasM1maton
11111111111II1111111111111111111111IIIIIIIIIIIIII1111111III VIII11111IIIIIIII
After recording return document to:
City of Spokane Valley
City Clerk
10210 E. Sprague Ave.
Spokane Valley,WA 99206
Document Title: Temporary Easement
Reference Number of Related Document:
Grantor(s): Subsurface Investment Partners,LLC
Grantee(s): Government, City of Spokane Valley
Legal Description: Ptn W '1/ of NW 'A, Sec. 5, T25N,R45E,W.M.
Additional Legal Description is on Page 4 of Document.
Assessor's Tax Parcel Number: 55052.9030
TEMPORARY EASEMENT
Sn .LQ7 7 Li
Barker Road/BNSF Grade Separation Project No. 0143
The Grantors, Subsurface Investment Partners, LLC, a Washington limited liability
company, for and in consideration of /i,•' , conveys and grants unto the City of Spokane
Valley, a municipal corporation of State of Washington, and its assigns, Grantee, under the
imminent threat of the Grantee's exercise of its right of Eminent Domain, the right, privilege
and easement over, upon, and across the hereinafter described lands for the purpose of
constructing a driveway approach.
The temporary rights herein granted shall terminate on St/114 120 a
Said lands being situated m Spokane County, State of Washington, and described as
follows:
For legal description and additional conditions
See Exhibit "A"and Exhibit"B"attached hereto and made a part hereof.
FA No REP-4123(005)
Project No. 0143
LPA-325 Page 1 of(5)Pages Parcel No. 55052.9030
10'2014
TEMPORARY EASEMENT
Itis understood and agreed that delivery of this temporary easement is hereby tendered and that
the terms and obligations hereof shall not become binding upon the City of Spokane Valley
unless and until accepted and approved hereon m wnting for the City of Spokane Valley, by its
authorized agent.�j
Date: o6'-f (2.0107
Subsurfac Inv tme tt Partners,-•, a Washington limited liability company
By:
Title: I NN'Ltctt(s-rh r\Sah lie-(L
Accepted and Approved
City of Spokane Valley
By: ,J
Title: Lir(/ E-4/66,4,2;,2
LPA-325 Page 2 of(5)Pages Parcel No 55052 9030
102014
TEMPORARY EASEMENT
STATE OF WASHINGTON
) ss
SPOKANE COUNTY
I certify that I know or have satisfactory evidence that Picko.cs stns is/are the
individuals) who appeared before me, and said indhidual(s) acknowledged tha kG signed
this instrument, on oath stated that lk-c was authorized to execute the instrument and
acknowledged it as the /tiaia0-t.s+3 Mt-Sr of Subsurface Investment Partners, LLC, a
Washington limited liability company,to be the free and voluntary act of such party for the uses
and purposes mentioned in the instrument.
-
Dated this I Y1day of rt IA-S I ,2019.
ott`xxsGOO[R iQ9ttttt
�P,O'�';:es ry?,g4 c, NOTAR • :LIC
c . y In and or the State of Washington
NOTq/i 'Z-
Residing 4- Syekk...o-
C -it PUBLICy f My appointment expires: De rc►b•v LSf 2 at
:yam'
WAS
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LPA-325 Page 3 of(5)Pages Parcel No. 55052 9030
10,2_014
EXHIBIT A
REFERENCE:Parcel 55052.9030;Temporary Easement
All that portion of the hereinafter described Tract"X"described as follows: Beginning at a point
opposite Highway Engineers Station(hereinafter referred to as HES)79+70 49 on the BR line survey of
SR 290, Barker Road Intersection Vicinity and 70 50 feet easterly therefrom;thence northerly to a point
opposite HES BR 83+10.97 on said line survey and 60.00 feet easterly therefrom;thence easterly to a
point opposite HES BR 83+10 89 on said line survey and 65.00 feet easterly therefrom;thence southerly
to a point opposite HES BR 79+70.41 on said line survey and 75.50 feet easterly therefrom;thence
westerly to the Point of Beginning
Tract"X":
The West Half of the North 340 feet of the South 1350 feet of the Northwest Quarter of Section 5,
Township 25 North,Range 45 East of the Willamette Meridian;
Except the West 30 feet thereof;
Also delineated as parcel"U"on survey recorded February 11, 2004 under
Spokane County Auditor's File No.5033966 and in Book 92 of Surveys, Page 15F,Records of Spokane
Washington;
Situate in the County of Spokane,State of Washington
The lands herein described contain an area of 1,700.65 square feet, more or less,the specific details
concerning all of which are to be found on sheet 4 of that certain plan entitled SR 290, Barker Road
Intersection Vicinity, now of record and on file in the office of the Secretary of Transportation at
Olympia,and bearing date of approval May 17,2019.
'I c.A7 v !
46875
•
CSSr ‘t)S1tRf`e
(141.4 L LAW
•
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Page 4 of(5) Pages
31 32 T.25N./T.26N. R.45E W.M. EXHIBIT "B"6
i SECTION CORNER
FOUND 1/2"DIA IRON ROO
R/W
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(3002' T) -
II__ \ II _ — P.L -
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PL _ % ', (6500'RT)
eaa 6279 s7a?1 - •' % 83+1097
{ (6000'RT)
so
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H . . _
£ TEMPORARY
SR (311-7.193.PRC I / I
CONSTRUCTION
1 EASEMENT 1,700.65 SQ.FT (9052904)
- • SQ.FT, INJESTMENT
p$p ' PARTNERS,LLC
lI s �,7 S 41 AREA 10,194.35 SQ.FT.
BR 00+69 BB 9 C ' I
i -. 4' 30
f m 1.-60' 1
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Fo i 041
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ez
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BR 78.91MATCH1 2
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ISE ''A NE 'A SW '/. Y.
SEC.6 SEC. 5
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40' N
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6 5 FOUND RAILROAD SPIKE Page 5 of (5)Pages a SCALE IN rear 'Bo
OWNER'S POLICY OF TITLE INSURANCE
or
OX 12811429
.�- Policy Number
* *
Issued by Old Republic National Title Insurance Company
* * Any notice of claim and any other notice or sbtement in writing required to he given le the
* * Company under this Policy must be given to the Company*the address shown in Section I
of the Condition.
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,as of Date of Policy and,to the extent stated
in Covered Rifle S and 13,after Date of Po'icy,against loss or damage,not exceeding the Amount of Insurance,sustained or incurred by the Insured
by reason of
I Title oeing 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
gl forgery,fraud undue influence,duress,incompetency,incapacity,or impersonation,
girl failure of any person or Entity to have authorized a transfer or conveyance.
psi)a document affec mg Title nut pi upedy cleated,executed witnessed,sealed,acknowledged,notarized,or delivered,
(iv)failure to pertorm those 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.
Ni)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
(vu) a defective Judicial or admimstranve proceeding
(b)The lien of ied estate taxes or assessments imposed on the Title by a governmental authority dde or payable,but mi paid
Ic)Any encroachment,encumbrance,violation,variation,or adverse circumstance affecting the Title that would he disclosed by an accurate
and complete land survey of the and. The term"encroachment"includes encroachments of existing improvements located on the Land
onto adjoining land,and encroac nine Os onto the Land of existing improvements located on adjoining land
3 Unmarketable Title
4 No right of access to and from the Land
5 The violation or enforcement of any law,ordinance,permit,or governmental regulation(including those relating to building and zamngj restricting,
regulating,prohibiting,or relating to
(a)the occupancy,use,or erjoyment of the Land,
(b) the character,dimensiors,or location of any improvement erected on the Land,
(c)the subdivision of land,or
(d)environmental protection
if a notice,describing any part of the Land,is recorded in the Public Records setting forth the violation or intention to enforce.but only to the extent
of the violation or enforcement referred to in that notice
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
Issued through the office of, A Stock Company
SPOKANE COUNTY TITLE WLOSecond Avenue South MinneeyIDA Minnesota 55401
COMPANY 102)311-1111
NORTHBANK BUILDING,SUITE ion
1010 N NORMANDIE STREET
SPOKANE,WASHINGTON 99201
COuntuvgne Ala A , /\ By n PresrJent
Authorized Officer or Agent (\M�'`_r_i_ Attest $-L`" O'Y{ Serretary
OAT Farm 4308 -
ALTA Amon Pdq d THa ImYmrta F»Ae
6 An enforcement actin 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
The exercise of the rights of eminent domain if a notice of the exercise,describing any part of tie Land,is recorded in the Public Records
R Any taking by a Governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge
9 Title being vested other than as stated in Schedule A or being defective
la)as a result of the avoidance in whale or in part,or from a court order piovdng 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 Dansac eon vesting Tide slwwn ui Sufiedule A because that prior transfer
constitutes a fraudulent or preterential transfer under federal bankm ptcy,state insolvency,or similar creditors'rights laws,or
(b)oecause the instrument of transfer vesting fide as shown in Schedule A constitutes a preferential transfer under federal barkruprcy,
state insolvency,or similar creditors'rights laws by reason of the failure of its recording in the Public Records
li)to be timely,or
MID to impart notice of its existence to a purchaser for value or to a
Arne nt or hen creditor
10 Any defect in or 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 Policy and 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 else 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 following matters are expressly excluded from the coverage of lb)not Known to the Company,not recorded n the Public
this policy,and the Company will not pay loss or damage,costs, Records at Date of Policy,but Known to the Insured Claimant
attorneys'fees,or expenses that arise by reason of and not disclosed in writing to the Company by the Insured
Claimant prior to the date the Insured Claimant became an
1 (al Any law ordinance,permit,or governmental regulation Insured under this policy,
(including those relating to budding and toning)restricting. (c)resulting in no loss or damage to the Insured Claimant
regulating,prohibiting,or relating to (d)attaching or seated subsegdent to Date of Pabcy
(however,this does not modify or limit the coverage provided
(i)the occupancy,use,or enjoyment of the Land, under Covered Risk 9 and 0).or
NI the character,dimensions,or location of any (el results rig in loss or damage that would not have been
improvement erected c n the Land, sustained if the Insured Cie vent had paid value for the Title
(in;the subdivision of land,or
(iv)environmental protect.on, 4 Any claim,by reason of the operation of federal banxmptcy,state
insolvency,or siTrlat creditors'rights laws,that the transaction
or the effect of any violation of these laws,ordinances,or govern- vesting the Title as shown in Schedule A, s
mental regulations This Exclusion 1(a)does not modify or limit the
coverage provided under Covered Risk 5 (al a fraudulent conveyance or fraudulent transfer,or
(bi Any governmental police power, This Exclusion 1(b)does not (b)a preferential transfer for any reason not stated in Covered
mocify or limit the coverage provided under Covered Risk 6 Risk 9 or this policy
7 Rights of eminent domain This Exclusion does not modify or limit 5 Any'ler nn the Title for real estate taxes or assessments imposed
the coverage provided under Covered Risk 7 or 8 by governmental authority and created or attaching between Date
of Policy and the date or recording of the deed or other instrument
3 Defects,hens encumbrances adverse claims,or other matters of transfer n the Public Records that vests Title as shown in
Schedule A
la;created,suffered,assumed,or agreed to by the Insured
Claimant,
Pevz
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 There's 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 government and law enforcement agencies
and dunng 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.
CONDITIONS AND STIPULATIONS
1 DEFINITION OF TERNS purchase,lease,nr lend dthere is a contractual condition requiring
The following terms when used in this policy mean the delivery of marketable title
(a)"Amount of Insurance". The amount stated in Schedule A,as may
be increased or decreased by endorsement to this policy,increased 2 CONTINUATION OF INSURANCE
by Section8lb),or decreased by Sections 11 and 12 of these Condemns The coverage of this policy shall continue in force as of Date of
(6)"Date of Policy' The date designated as"gate of Policy"in Policy in favor of en Insured,but only so long as the Insured retains
Schedule A an estate or interest in the Land,or holds an obligation secured by
(c)"Entity' Avoryorabon,partnership,trust,limited liability a purchase money Mortgage given by a purchaser from the Insured,
company.or other similar legal entityor only so long as the Insured shall have liability by reason of
A warranties in any transfer ar conveyance of the Title This policy
(ell"Insured' The Insured named in ScheduleA shall not continue in force in favor of any purchaser from the
III The term'Insured"also includes Insured of either(II an estate or interest in the Land,or(iii an
IA)successors to the Title of the Insured by operation of law as obligation secured by a purchase money Mortgage given tothe
distngurshed frau purchase,including heirs,devisees,survivors, Insured
personal representatives,or next of kin,
(Bl successors to an Insured by dissolution,merger,consolidation, 3 NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
distrwuhen,or reorganization The Insured shall notify the Company promptly in writing(i)in case
(CI successors to an Insured by its conversion to another kind of of any litigation as set forth in Section 51a1 of these Conditions,riii
Entity, in case Knowledge shall come to an Insured hereunder of any claim
(DI a grantee of an Insured under a deeddelivered without of title or interest hat is adverse to the Title,as insured,and that
payment of actual valuable consideration conveying the Title night cause loss or damage for which the Company may be liable
(1)if the stock,shares,tin mbershrps,or other equity by virtue of this policy,or pill if the Title,as insured,is rejected as
interests of the grantee are whellyowned bythe Unmarketable rale If the Company is preludiced by the failure o
f
named oftInsured, the Intrad Claimant to provide prompt notice.the Company's
liability to the Insured Claimant under the policy shall be reduced
(2)if the grantee wholly owns the named Insured, to the extent of the prejudice
(3)if the grantee is wholly-owned by an affiliated
Entity of the named Insured,provided the affiliated 4 PROOF OF LOSS
Entity and the named Insured are both wholly-owned In the event the Company is unable to determine the amount of
bythe same person or Entity,or loss or damage,the Company may.at as option,require as a condition
(4)if the grantee is a trustee or beneficiary of a trust of payment that the Insured Claimant furnish a signed proof of loss
created by a written instrument established by the The proof of loss must describe the defect,lien,encumbrance,or
Insured named in Schedule A for estate planning other matter insured against by this policy that constitutes the
purposes basis of lass or damage and shall state,to the extent possible,the
(til With regard to Able},(CI,and(D)reserving,however,all rights basis of calculating the amount of the loss or damage
and defenses as to any successor that the Company would have had 5 DEFENSE AND PROSECUTION OF ACTIONS
against any predecessor Insured
lel'Insured Claimant' An Insured claiming loss or damage la)Upon written request by the Insured,and sublet[to the options
(fl'Knowledge'or'Known'. Actual knowledge,not constructive contained in Section 7 of these Conditions,the Company,at
knowledge or notice that may be imputed to an Insured by reason of own cost and without
sured unreasonable delay,shall provide for the
the Public Records or any other records that impart constructive defense of an Insured In litigation in which any third party asserts
notice of matters affectingthe Mia a claim covered by this policy adverse to the Insured This obligation
is limited to only those stated causes of action alleging matters
(g)"Land" The landdescribed in Schedule A,and affixed improvements insured against by this policy The Company shall have the right to
that by law constitute real property rhe term"Land"does not select counsel of its choice(subject o the right of the Insured to
include any property beyond the lines of the area described in object for reasonable cause Ito represent the hauled as to those
Schedule A,nor any right,tale,interest,este'°,Ar easement in stated causes of action It shall not be liable for and will not pay
abutt rig streets,roads,avenues,alleys,lanes,ways,or waterways, the fees or any other counsel The Company will not pay any lees,
but this does not modify or limit the extent hat a right of access to costs,or expenses incurrec by the Insu-ed in the defense of those
and from the Land is insured by this policy causes of act on that allege matters not insured against by this policy
MI'Mortgage" Mortgage,deed of trust,trust deed,or other security (h;The Company shall have the right,in addition to the options
mstmrrent.including one evidenced by electronic means authorized contained in Section 7 of these Conditions at nwr cost,to
by law institute and prosecute any action or proceeding or to do any
pl'Publlc Retards' Records established under state statutes at otheractthann as opinion may be necessary or desirable to
Date of Policy for the purpose of imparting constructive notice of establish the Title,as insured,nr to prevent-nr reduce loss Cr
matters relating to real property to purchasers for value and without damage to the Insured The Company may tare any appropriate
e
Knowledge With respect to Covered Risk 5(dj,'Public Records' liableliabunder thetermsof exercisethis policy,whether ots stasnotl be
Aissi the losued Theeverof anyf prengon of this notan
shall halso mdude environmental protection htfofiled nitric records
where It the Conoanaex tic or waverranyprovisionsectiopolicy
of the clerk of the United States Distnct Court for the district where It the Company exercises its rights under this subsection,it must
the Land is located do so diligently
0/"Tale" The estate or interest described in Schedule A (c)Whenever the Company brings an action or asserts a defense
Ikl'Unmarketable Title" Title affected by an alleged or apparent as required or permitted by this policy,the Company may pursue
matter that would permit a prospective purchaser or lessee of the the litigation to a Hal determination by a court of competent
Title or lender on the Title to be released from the obligation to jurisdiction,and it expressly reserves the right,in its sole
discretion to appeal any adverse judgment or order
amen
CONDITIONS AND sTIPULAnoNs(can't)
6 DUTY OF INSURED CLAIMANT TO COOPERATE policy In addition,the Company will pay any casts,attorneys'fees,
(al In all cases when this policy permits or requires the Company and expenses mewed by the Insured Claimant that were authorized
to prosecute or provide for he defense of any action or proceeding by the Company up to the time of payment and that the Company is
and any appeals,the Insured shall secure to the Company the right obligated to pay,or
to so prosecute cr provide defense in the action or proceeding. bi) To payor otherwise settle with the Insured Claimant the loss
including the right to use at its option,the name of the Insured for or damage provided for under this policy,together with any costs,
this notarise Whenever requested by the Company,the Insured, attorneys'fees,and expenses incurred by the Insured Claimant that
at the Company's expense,shall give the Company all reasonable warp authorized by the Company up to the time of payment and that
aid(ii in securing evidence,obtaining witnesses,prosecuting or the Company is obligated to pay
defending the action or proceeding,or effecting settlement,and
(u)in any other Lawul act that in the opinion of the Company may Upon the exercise by the Company of either of the options provided
be necessary or desirable to establish the Title or any other matter for in subsection(b)i)or(11),the Company's obligations to the Insured
as insured If the Company is prejudiced by the failure o-the under this policy for the claimed loss or damage,other than the
Insuredto furnish the required cooperation,the Company's obligations payments required to be made,shall terminate,including any liabiltv
to the Insured under the policy shell terminate,including any or obligation to defend,prosecute,or continue any litigation
liability or obligation to defend,prosecute,or continue any litigation,
with regard to the matter or matters regmnng such cooperation 8 DETERMINATION AND EXTENT OF LIABILITY
(b) the Company may reasonably require the Insured Claimant to This policy is a contract of indemnity against actual monetary loss or
submit to examination under oath by any authorized representative damage sustained or incurred by the Insured Claimant who las suffered
of the Company and to produce for examination,inspection,and loss or damage by reason of matters insured against by this policy
copying,at such reasonable times and places as may be designated (a)The ardent of liability of the Company for luss or oarrage under
by the authorized representative of the Company,all records,in this policy shall not exceed the lesser of
whatever medium maintained,including books,ledgers,checks, (d the Amount at Insurance,or
memoranda,correspondence,reports,e-mails,disks,tapes,and (i)the difference between the value of the Title as insured and:he
videos whether hearing a date before or after Date of Policy,that value of the Title subject to the risk insured against by this policy
reasonably pertain to the loss or damage Further,if requested by Ib;If the Company pursues its rights under Section 5of these
any authonzed representative of the Company,the Insured Claimant Conditions and is unsuccessful in establishing the Title,as insured,
shall grant its perms on,in writing,for any authorized representative (0 the Amount o:Insuranceshall be increased by 1C%.and
of the Company to examine,inspect,and copy all of these records ii)the Insured Carman shall have the right to have the loss or
in the custody or control of a third party that reasonably pertain to damage determined either as of the date the claim was made by
the loss or damage All information designated as cool dertial by the'nsured Claimant or as of the date it is settled and paid
the Insured Claimant provided to the Company pursuant to this (c)In addition to the extent of liability under(a)and(b).the Company
Section shall no'be disclosed to others unless,in the reasonable will also pay those costs,attorneys"fees,and expenses incurred in
judgment of the Company,it is necessary in the administration of accordance with Sections 5 dnd 7 of these Condnons
the claim Failure of the Insured C anent to submit for examination
under oath,produce any reasonably requested information,or g LIMITATION OF LIABILITY
grant permission to secure reasonably necessary information from (a)If the Company establishes the Title,or removes the alleged
third wares as required in this subsection,unless prohibited by defect,lien,or encumbrance,or cures the lack of a right of access
law or governmental regulation,shall terminate any liability of the to or from the Land,or cures the claim of Unmarketable Title,all as
Company under this policy as to that claim insured,in a reasonably diligent manner by any method,including
7 OPTIONS TO PAY OTHERWISE SETTLE CLAIMS; litigation and the completion of any appeals,it shall have fully
TERMINATION TIOPOF OREY performed its obligations with respect to that matter and shall not
In case of a claim under this policy,the Company shall have the be In liable evfor ntyf anyf n litigation,r g ,causedito the Insured
(bj In the event onselComplitigationysllhave no
following additional options or with the Company's consent,the Company shall have no IaMhry
(al To Pay or Tender Payment of the Amount of Insurance for loss or damage until there has been a final determination by a
To pay or tender payment of the Amount of Insurance under this court of competent jurisdiction,and disposition of all appeals,
policy together with any costs,attorneys'fees,and expenses adverse to the Title,as insured
incurred by the Insured Claimant that were authorized by the (c)The Company shall not be liable for loss or damage to the
Company up to the time of payment or tender of payment and that Insured for liability voluntarily assumed by the Insured in settling
the Company is obligated to pay any claim or suit without the prior written consent of the Company
Upon the ecprnse by the Company of this option,all liability and
obligators of the Company to the Insured under this policy,other 10 REDUCTION OF INSURANCE;REDUCTION OR TERMINATION
than to make the payment required in this subsection,shall terminate, OF UABIUTY
including any liability or obligation to defend,prosecute,or contin- All payments under this policy,excep'payments made for costs,
ue any litigation attorneys'fees,and expenses,shall reduce the Amount of Insurance
(bi To Pay or Otherwise Settle With Parties Other Than the Insured by the amount of the payment
or With the Insured Claimant
IC To pay or otherwise settle with other parties for or in the
nameof an Insured Cla mant any claim insured against under this
Page 4
CONDITIONS AND STIPULATIONS(coni)
11 LIABILITY NONCUMULATIVE policy,this policy shall be construed as a whole.
The Amount of Insurance shall be reduced by any amount the Company (bl Any claim of loss or damage that arises out of the status of the
pays under any policy insuring a Mortgage to which exception is taken Title or by anyaction asserting such claim shall be restricted to this
in Schedule B ar to which the Insured has agreed,assumed,or taken policy
subject or which is executed by an Insured after Date of Policy and (c)Any amendment of or endorsement to this policy must be in
which is a charge or lien on the itle,and the amount so pad shall be writing and authenticated by an authorized person,or expressly
deemed a payment to the Insured under this policy incorporated by Schedule A of this policy
(dl Each endorsement to this policy issued at any lime is made a
12 PAYMENT OF LOSS part of this policy and is sub;ect to all of its terms and provisions
When liability and the extent of loss or damage have been definitely Except as the endorsement expressly states,it does not(i)modify
fixed in accordance with these Conditions.the payment shall be made any of the terms and provisions of the policy,pi)modify any prior
within 30 days endorsement,1u)ex-end the Date of Policy,or livl increase the
13 RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT Amount of Insurance
(a)Whenever the Company shall have settled and paid a claim 10 SEVERABILITY
under this policy,it shall be subrogated and entitled to The rights of In the event any provision of this policy,in whole or in part,is held
the Insured Claimant in the Title and all other rights and remedies invalid or unenforceable under applicable law,the policy shall be
in respect to the claim that the Insured Claimant has against any deemed not to induce that provision or such part held to be invalid,but
person or property,to the extent a'the amount of any less,costs, al other provisions shall remain in full force and effect
attorneys'fees,and expenses paid by the Company If requested
by the Company,the Insured Claimant shall execute documents to 11 CHOICE OF LAW;FORUM
evidence the transfer to the Company of these rights and remedies (al Choice of Law The Insured acknowledges the Company has
The Insured Claimant shall permit the Company to sue,compromise, underwritten the risks covered ay this policy and determined the
or settle in the name of the Insured Claimant and to use the name premium changed therefor in reliance upon the law affecting interests
of the Insured Claimant in any transaction or litigation involving in real property and applicable to the interpretation,rights,remed es,
these rights and remedies or enforcement of policies of title insurance of the un diction
If a payment on account of claim does not fully cover the loss of where the Land is located
the Insured Claimant the Company shall defer the exercise of its Therefore,the court or an arbitrator shall apply the law of the
right to recover until after the Insured Clamant shall have recovered Jurisdiction where the Land is located to determine the validity of
its loss, claims against the Title that are adverse to the Insured and to
(hi The Company's right of subrogation includes the rights of the interpret and enforce the terms of this policy In neither case shall
Insured to indemnities,guaranties,other policies of insurance,or the court or arbitrator apply its conflicts of law principles to deter-
bonds,notwithstanding any terms or conditions contained in those mine the applicable law
instruments that address subrogation rights lb}Choice of Forum' Any!legation or other proceeding brought by
14 ARBITRATION 'he Insured against the Company must be filed only in a state or
federal court within the United States of America or its territories
Either the Company or the Insured may demand that the claim or having appropriate Jurisdiction
controversy shall be submitted tc arbitration pursuant to the The
Insurance Arbitration Rules of the American Land Title Association 18 NOTICES.WHERE SENT
!'Rules"I Except as provided in the Rules.there shall be no hinder Any notice of claim and any other notice or statement ir writing
or consolidation with claims or controversies of other persons required to be given to the Company under this policy must be given to
Arbitrable matters may include,but are not limited to,any controversy the Company at 400 Second Avenue South, Mirneapol is,
or claim between the Company andthe Insured arising out of or relating Minnesota 554018499
to this policy,any service in connection with its issuance or the breach
of a policy provision,or to any other controversy or claim an sing out of
the transaction giving rise to this policy All arbitrable matters 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$2,00Q000 shall be
arbitrated on y when agreed to by both the Company and the Insured
Arbitration pursuant to this policy and under the Rules shall be binding
upon the parties Judgment upon the award rendered by the Arbitrators)
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,if any,attached to it
by the Company is the entre policy and contract between the
Insured and the Company In interpreting any provision of this
sages
•
Old Republic National Title Insurance Company
ALTA 2006 STANDARD OWNERS POLICY
SCHEDULE A
FILE NO.. SP20994 POLICY NO.. OX 12811429
ADDRESS
REFERENCE' 4308 N BARKER RD
SPOKANE VALLEY, WA 99027
AMOUNT OF
INSURANCE: $20,000.00 PREMIUM: $527.00
DATE OF POLICY. September 20, 2019 at 11:14 AM REF: BARKER RD#0143
1. NAME OF INSURED:
CITY OF SPOKANE VALLEY, A MUNICIPAL CORPORATION OF STATE OF WASHINGTON
2. THE ESTATE OR INTEREST IN THE LAND WHICH IS COVERED BY THIS POLICY IS.
Fee Simple
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.: SP20994 POLICY NO OX 12811429
EXHIBIT"A"
ALL THAT PORTION OF THE HEREINAFTER DESCRIBED TRACT"X" LYING WESTERLY OF
A LINE DESCRIBED AS BEGINNING AT A POINT OPPOSITE HIGHWAY ENGINEER'S
STATION (HEREINAFTER REFERRED TO AS HES) 79+70.49 ON THE BR LINE SURVEY OF
SR 290, BARKER ROAD INTERSECTION VICINITY AND 70.50 FEET EASTERLY
THEREFROM;
THENCE NORTHERLY TO A POINT OPPOSITE HES BR 83+10.97 ON SAID LINE SURVEY
AND 60.00 FEET EASTERLY THEREFROM AND THE TERMINUS OF SAID LINE.
TRACT"X":
THE WEST HALF OF THE NORTH 340 FEET OF THE SOUTH 1350 FEET OF THE
NORTHWEST QUARTER OF SECTION 5,TOWNSHIP 25 NORTH, RANGE 45 EAST OF THE
WILLAMETTE MERIDIAN;
EXCEPT THE WEST 30 FEET THEREOF;
ALSO DELINEATED AS PARCEL "U"ON SURVEY RECORDED FEBRUARY 11, 2004 UNDER
SPOKANE COUNTY AUDITOR'S FILE NO. 5033966 AND IN BOOK 92 OF SURVEYS, PAGE
15F, RECORDS OF SPOKANE COUNTY;
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.. SP20994 POLICY NO : OX 12811429
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 Title Insurance Company
ALTA Standard Owner's Policy(2006)
Old Republic National Title Insurance Company
ALTA 2006 STANDARD OWNERS POLICY
FILE NO.: SP20994 POLICY NO.: OX 12811429
SPECIAL EXCEPTIONS:
1. UNRECORDED LEASE AND THE TERMS AND CONDITIONS THEREOF:
LESSOR: SUBSURFACE INVESTMENT PARTNERS, L.L.C.
LESSEE: CRUX SUBSURFACE , INC.
DATED: September 1, 2013
DISCLOSED BY: SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT
AGREEMENT AND ESTOPPEL CERTIFICATE
'RECORDED: February 14, 2014
AUDITOR'S FILE NOS.: 6284679 AND 6284680
2. ASSIGNMENT OF LEASES AND/OR RENTS:
ASSIGNOR: SUBSURFACE INVESTMENT PARTNERS, L.L.C.,A WASHINGTON
LIMITED LIABILITY COMPANY
ASSIGNEE: BANNER BANK
RECORDED: February 14,2014
AUDITOR'S FILE NO.: 6284678
AFFECTS: THIS AND OTHER PROPERTY
3. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF:
BETWEEN: SUBSURFACE INVESTMENT PARTNERS, L.L.C. AND BANNER
BANK
REGARDING: SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT
AGREEMENT AND ESTOPPEL CERTIFICATE
RECORDED: February 14,2014
AUDITOR'S FILE NOS.: 6284679 AND 6284680
4. FINANCING STATEMENT AND THE TERMS AND CONDITIONS THEREOF:
DEBTOR: SUBSURFACE INVESTMENT PARTNERS, L.L.C.
SECURED PARTY: BANNER BANK
COVERS: AS SHOWN THEREIN
RECORDED: February 14, 2014
AUDITOR'S FILE NO.: 6284736
AFFECTS: THIS AND OTHER PROPERTY
5. EASEMENT AND THE TERMS AND CONDITIONS THEREOF:
GRANTEE: THE WASHINGTON WATER POWER COMPANY
PURPOSE: AS SHOWN THEREIN
RECORDED: March 20, 1953
AUDITOR'S FILE NO.: 159403B
AREA AFFECTED: THIS AND OTHER PROPERTY
6. EASEMENT AND THE TERMS AND CONDITIONS THEREOF:
GRANTEE: THE WASHINGTON WATER POWER COMPANY, A
CORPORATION, ITS SUCCESSORS AND ASSIGNS
PURPOSE: AS SHOWN THEREIN
RECORDED: October 31, 1956
AUDITOR'S FILE NO.: 422237B
AREA AFFECTED: THIS AND OTHER PROPERTY
This policy valid only if Schedule A is attached.
SCHEDULE 6-Exceptions Old Republic National Title Insurance Company
ALTA Standard Owner's Policy(2006)
Old Republic National Title Insurance Company
ALTA 2006 STANDARD OWNERS POLICY
FILE NO. SP20994 POLICY NO ' OX 12811429
7. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF:
BETWEEN: PENTZER DEVELOPMENT CORPORATION AND SPOKANE COUNTY
REGARDING: SEWER CONNECTION AGREEMENT
RECORDED: March 10, 1994
AUDITOR'S FILE NO.: 9403100365
AMENDMENT THERETO INCLUDING THE TERMS, COVENANTS AND PROVISIONS THEREOF:
RECORDED: March 07, 1996
AUDITOR'S FILE NO.: 9603070102
8. EASEMENT AND THE TERMS AND CONDITIONS THEREOF:
GRANTEE: SPOKANE COUNTY UTILITIES DIVISION
PURPOSE: MONITORING& SAMPLING WELL
RECORDED: August 04, 1998
AUDITOR'S FILE NO.: 4252567, 4252568 AND 4252569
AREA AFFECTED: A PORTION OF SAID PREMISES
9. MATTERS DISCLOSED BY SURVEY RECORDED April 25, 2000 UNDER AUDITOR'S FILE NO.4474852
IN BOOK 92 OF SURVEYS, PAGE(S) 15.
NOTE: SAID SURVEY HAS BEEN AMENDED BY SUCCESSIVE SURVEYS, THE LAST OF WHICH WAS
RECORDED February 11, 2004 UNDER AUDITOR'S FILE NO. 5033966 IN BOOK 92 OF SURVEYS,
PAGE(S) 15F.
10. RESOLUTION 2000-5 BEFORE THE BOARD OF DIRECTORS OF CONSOLIDATED IRRIGATION
DISTRICT NO. 19 AND THE TERMS AND CONDITIONS THEREOF:
REGARDING: REDEFINING BOUNDARY LINES OF DISTRICT
RECORDED: May 22, 2000
AUDITOR'S FILE NO.: 4482337
11. EASEMENT AND THE TERMS AND CONDITIONS THEREOF:
PURPOSE: INGRESS, EGRESS AND UTILITIES
RECORDED: August 09, 2000
AUDITOR'S FILE NO.: 4505676
AREA AFFECTED: THIS AND OTHER PROPERTY
AMENDMENT THERETO:
RECORDED: June 06, 2001, December 12, 2002 and February 13, 2004
AUDITOR'S FILE NO.: 4595303,4815383 AND 5034910 RESPECTIVELY
12. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF:
BETWEEN: AVISTA DEVELOPMENT, INC. AND AVISTA CORPORATION, ET AL
REGARDING: ROAD MAINTENANCE
RECORDED: May 20, 2003
AUDITOR'S FILE NO.: 4896621
AMENDMENT THERETO:
RECORDED: February 13,2004
AUDITOR'S FILE NO.: 5034909
•
Old Republic National Title Insurance Company
ALTA 2006 STANDARD OWNERS POLICY
FILE NO : SP20994 POLICY NO.: OX 12811429
13. MATTERS DISCLOSED BY SURVEY RECORDED April 18,2019 UNDER AUDITOR'S FILE NO. 6798248
IN BOOK 175 OF SURVEYS, PAGE(S) 6, 7,8 AND 9
14. TEMPORARY EASEMENT AND THE TERMS AND CONDITIONS THEREOF:
GRANTEE: CITY OF SPOKANE VALLEY,A MUNICIPAL CORPORATION OF
STATE OF WASHINGTON, AND ITS ASSIGNS
PURPOSE: AS SHOWN THEREIN
RECORDED: September 20, 2019
AUDITOR'S FILE NO.: 6844412
AREA AFFECTED: A PORTION OF SAID PREMISES
THE TEMPORARY RIGHTS HEREIN GRANTED SHALL TERMINATE ON 8/14/2024
END OF SCHEDULE B EXCEPTIONS
akg
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