6844413 Easement, Temporary: Barker/BNSF Grade Separation #0143 •• 09/20/2019 11:14:06 PM 6844413
Recording Fee $107 50 Page 1 of 5
EasementpCountyPWashin COUNTYoTTLE COMPANY
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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 %of NW ''A Sec. 5,T25N,R45E,W.M.
Additional Legal Description is on Page 4 of Document.
Assessor's Tax Parcel Number: 55052.9031
TEMPORARY EASEMENT
S 1 - 22 )
Barker Road/BNSF Grade Separation Project No.0143
The Grantors, Subsurface Investment Partners, LLC, a Washington limited liability
company, for and in consideration of Ten Dollars & 00/100 ($10.00) conveys and grants unto
the City of Spokane Valley, a municipal corporation of State of Washington, and its assigns,
Grantee, under the imminent threat of the Grantee's exercise of its right of Eminent Domain,
the right,privilege and easement over,upon, and across the hereinafter described lands for the
purpose of constructing a driveway approach.
The temporary rights herein granted shall terminate on cgligliozd
Said lands being situated in Spokane County, State of Washington, and descnbed as
follows:
For legal description and additional conditions
See Exhibit"A"and Exhibit•'B" attached hereto and made a part hereof.
FA No REP-4123(005)
Project No. 0143
LPA-325 Page 1 of(5)Pages Parcel No 55052 9031
10/2014
•
TEMPORARY EASEMENT
It is understood and agreed that delivery of this temporary easement is hereby tendered and that
the terms and obligations hereof shall not become binding upon the City of Spokane Valley
unless and until accepted and approved hereon in writing for the City of Spokane Valley, by its
authorized agent. r
Date. cf(g1 (9
Subsurface ves en Partners, LLC, a Washington limited liability company
B
Title: r aMAveie)-5; µ1M$ tZ
Accepted and Approved
City of Spokane Valley
By: 7 x_
Title: L •may/ co-6/./CP/Z
LPA-325 Page 2 of(5)Pages Parcel No.55052.9031
10/2014
TEMPORARY EASEMENT
STATE OF WASHINGTON
ss
SPOKANE COUNTY
I certify that I know or have satisfactory evidence that fii•'R°I of `S6'^ 7 is/are the
individuals) who appeared before me, and said individual(s) acknowledged that Ise. signed
this instrument, on oath stated that 14 r_ was authorized to execute the instrument and
acknowledged it as the rf{aw �-. ;ttewlotr of Subsurface Investment Partners, LLC, a
Washington limited liability company,to be the free and voluntary act of such party for the
uses and purp�olses mentioned in the instrument.
Dated this f I i+- day of 4M1 ks ,2019.
` .......... ...... NOT• ' YPUBLI
;�o m2= In an, for the State of Washington
i NOTARY Residing al- •42--
�i, PUBLIC = My appointment expires: TkccwS++ Z Y, 2o17
. :'k0 :
LPA-325 Page 3 of(5)Pages Parcel No.55052903/
10/2014
EXHIBIT A
REFERENCE:Parcel 55052.9031;Temporary Easement
All that portion of the hereinafter described Tract"X"described as follows:Beginning at a point
opposite Highway Engineer's Station(hereinafter referred to as HES)78+92.25 on the BR line survey of
SR 290, Barker Road Intersection Vicinity and 40.53 feet easterly therefrom;thence northerly to a point
opposite HES BR 79+70.96 on said line survey and 40.53 feet easterly therefrom;thence easterly to a
point opposite HES BR 79+70.41 on said line survey and 75.50 feet easterly therefrom;thence southerly
to a point opposite HES BR 79+45.75 on said line survey and 75.50 feet easterly therefrom;thence
westerly to a point opposite HES BR 79+45.75 and 50.53 feet easterly therefrom;thence southerly to a
point opposite HES BR 78+92.25 and 5053 feet easterly therefrom;thence westerly to the Point of
Beginning.
Tract"X":
The West half of the North 340 feet of the South 1010 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"V"on Survey recorded January 15,2003 under
Spokane County Auditor's File No.4830747 and in Book 92 of Surveys,Page 15D,
records of Spokane County,Washington;
Situate in the County of Spokane,State of Washington.
The lands herein described contain an area of 1,406.91 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.
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Page 4 of(5)Pages 3 1
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31 32T.25N./T.26N. R.45E.W.M. EXHIBIT "B"
5
SECTION CORNER
FOUND 1/2"DIA IRON ROD
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III// CONSTRUCTION
II i� EASEMENT 1,700.65 SFT. (55952994
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QUARTER CORNER
6 FOUND RAILROAD SPIKE SCALE IN FEET 100
Page 5 of(5)Pages
OWNER'S POLICY OF TITLE INSURANCE
* * Policy Number OX 12811430
* * Issued by Old Republic National Title Insurance Company
* * Any notice of claim and any ether notice Of statement in writing required to be given to the
* * * Company wider this Policy must he given to the Company at the address shown in Section TB
of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE,THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B,AND THE CONDITIONS,OLD
REPURUC NATIONAL TITLE INSURANCE COMPANY,a Minnesota corporation(the"Company")insures,as of Date of Policy and,to the extent stated
in Covered Risks 9 and 10,after Date of Policy,against loss or damage,not exceeding the Amount of Insurance.sustained or incurred by the Insured
by reason of
1 Title being vested other than as stated in Schedule A
2 Any defect mor hen or encumbrance on the Title This Covered Risk includes but is not limited to insurance against loss from
la)A defect in the Tide caused by
Ui forgery.fraudundue influence,duress,incompetency,incapacity,or impersonation,
bol failure of any person or Entity to have authorized a transfer or conveyance,
Oii)a document affecb ng Tale nut pi ly a Bated,executed,witnessed,sealed,acknowledged,notarized.or delivered,
(iv)failure to perform those acts necessary to create a document by electro mc means authorized by law,
(v)a document executed under a falsified,expired,or otherwise invalid power of attorney,
(vi)a document not properly filed,recorded,or indexed in the Public Records includng failure to pertorm those acts by electronic
means authorized by law,or
(vu) a defective Judicial or administrative proceeding
(b)The lien of real estate taxes or assessments imposed an the Title by a governmental authority due or payable,but unpaid
(c)Any encroachment.encumbrance,violation,variation,or adverse circumstance affecting the Tote 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,and encroachments onto the Land of existing improvements located on adiomng 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 zoning)resinsMN.
regulating,prohibiting,or relating to
mal the occupancy,use,or enjoyment of the Land,
(b) the character.dimensions,or location of any improvement erected on the Land,
(cite subdivision of land,nr
Id)environmental protection
if a notice,describing any part of the Land.is recorded in the Public Records setting forth the violation sr intention to enforce,but only to the extent
of'he violation or enforcement referred to i that notice
OIL REPUBLIC NATIONAL TITLE INSURANCE COMPANY
Issued through the office af: A Stock Company
SPOKANE COUNTY TITLE 100 Second Amen Snum,Minneapolis,Minnesota 55401
COMPANY 1672)3774111
NORDIBANK BUILDING,SUITE 100
1010 N.NORMANDIE STREET
SPOKANE,WASHINGTON 00201
COunmingrmXi A •
/\ gy Pro
strlenl
Aumadred Otmcer or Agent 41Insl L-4-4^ W a/ 24 Secretary
ORT Form NP
ALTA 09229 Pohy d 101e IMurygo Gt]28
6 An enforcement action based on The exercise of a governnwntal police power not covered by Covered Sisk 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 pan of the Land,is recorded in the Public Records
A Any tahrg by a governmental bodythat has occurred and is binding on the rights of a purchaser for value without Knowledge
9 Title berg vested ode i than as stated in Schedule A or being defective
(a)as a result of the avoidance in whole or in pan,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 occurn rig prior to the transaction vesting fide as shown ni Schedule A because that prior transfer
constituted a fraudulent or preferential transfer under federal bankruptcy,state insolvency,or similar creditors"rights laws,or
(b)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 fail are of its record mg in the Public Records
lil to be timely,or
(u)to impart notice of its existence to a purchaser for value or to a
judgment of lien creditor
10 Any defect in or lien 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 also pay the costs,attorneys'fees,and expenses incurred in defense of any matter insured against by this Policy butonly to the
extent provided in the Conditions
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of lbs not Known to the Company,not recorded in the Public
this policy,and the Company vnll 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 oy the Insured
Claimant prior to the date the Insured Claimant became an
1 )a)Any law ordinance,permit,or governmental regulation Insured under this policy,
(including those relating to building and zoning)restricting. tel resulting in no loss or damage to the Insured Claimant,
regulating,prohibiting,or relating to (dl attach ng or created subsequent to Date of Policy
(however,this does not modify or limit the coverage provided
(i)the occupancy,use,or enjoyment of the Land, under Covered Risk 9 and 1 0).or
(u)the character,dimensions.or location of any tel resulting in loss or damage that would not have been
improvement erected on the Land. sustained if the Insured Claimant had paid value for the Tine
hal the subdivision of land,or
(iv)environmental protection, 4 Any claim,by reason of the operation of federal bankruptcy,state
insolvency.or similar 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,is
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
(b)Any governmental police power This Exclusion l(b)does not (b)a preferential transfer for any reason not stated in Covered
modify or'int the coverage provided under Covered Rist 6 Risk 9 of this policy
2 Rights of eminent domain This Exclusion does not modify or limit 5 Any ian on the Title for real estate taxes or assessments imposed
the coverage provided under Covered Risk?or B, by governmental authority and created or attaching between Date
of Policy and the date of recording of the deed or other instrument
3 Defects,liens,encumbrances,adverse claims,or other matters of transfer in the Public Records that vests Title as shown in
Schedule A
lal created,suffered,assumed,or agreed to by the Insured
Claimant,
Paget
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 privacy 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 risk 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 restnct 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
I DEFINITION OF TERMS purchase,/ease,nr lend if there is a contractual condition requiring
The following terms when used in this policy mean the delivery of marketable title
(a)"Arrount of Insurance" The amount stated in Schedule A,as may 2 CONTINUATION OF INSURANCE
be increased or decreased by endorsement to tens policy, increased CONTINUATIONO I S RAlcontinue enforce as of Date of
by Section Blbl,or decreased bySections 11 and 12 of these Conditions, Polihe cy in ofe oaniInsured,sh ll only so longorce the Insured retains
Sc"Date of Policy' The date designated as"Date of Policy"m an estate or interest in the Land,or holds an obligation secured by
Schedule A a purchase money Mortgage given by a purchaser from the Insured,
lc)"Entity" A corporation,partnership,trust,limited liability or only so long as the Insured shall have liability by reason of
company.or other similar legal entity warranties in any transfer or conveyance of the Title This policy
(d)"Insured' The Insured named in ScheduleA shell not continue in farce in favor of any purchaser from the
lel The term'Insured"also includes Insured of either(il an estate or interest in the Land,or(Man
(Al successors to the Title of the Insured by operation of law as obligation secured by a purchase money Mortgage given to the
distinguished from purchase,including heirs,devisees,survivors, Insured
personal representatives,or next of kin,
(Bl successors to an Insures by dissolution,merger,consolidation, 3. NOTICE OF CLAIM 10 8€GIVEN BY INSURED CLAIMM
distribution,or reorganization, InsuredLtytCorrpany promptly writing him
case
(CI successors to an Insured by its conversion to another kind of of any litigation as set forth in Section 5,a)of these Conditions,pd
Entity, in case Knowledge shall come to an Insured hereunder of any claim
(D)a grantee at an Insured order a deeddelivered without of title or interest that is adverse to the Title,as insured,and that
payment of actual valuable consideration conveying the Title might cause loss or damage for which the Company may be liable
(')tithe stock shares,memberships,or other equityby virtue of this policy,or(ii ml if the Tale,as insured,is rejected as
interests of the grantee are wholly-owned by the Unmarketable Title If the Companyis prejudiced by the failure of
the Insured Claimant to provide prompt notice,the Company's
named Insured, liability to the Insured C¢imam under he policy shall be reduced
(2)0 the grantee wholly owns the named Insured, to the extent of the prejudice
(3)if the grantee is wholly-owned by an at-Mated
Entity of the named Insured,provided the affiliated 4 PROOF OF LOSS
Entity and the named Insures are both wholly-owned In the event the Company is unable to determine the amount of
by the same person or Entity,or loss of damage,the Company may,at rts option,requireas a candaron
(4)if the grantee is a trustee or beneficiary of a trust of payment that the Insured Claimant furnish a signed proot of loss
created by a written instrument estabnshed by the The proof of loss must describe the defect,lien,encumbrance,or
Insured named in Schedule A for estate planning other matter irsured against by this policy that constitutes the
purposes basis of loss or damage and shall state,to the extent possible,the
(ii)With regard to(A),(B),(CI,anc(U) 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 la;Upon wntten request by the Insured,and subiectto the options
(e)Insured Claimant' An Insured claiming loss or damage contained in Section?of these Conditions,the Company,at its
If)'Knowledge'or'Known' Actual knowledge,not constructive awn cost and without unreasonable delay,shall provide for the
knowledge or nonce that may be imputed to an Insured by reason of defense of en Insured in litigation n which any third party asserts
the Public Records or any other records that impart constructive a claim covered by this policy adverse to the Insured This obligation
notice of matters affecting the Title is limited to only those stated causes of action alleging matters
(g)'Land" The landdescribed in Schedule A,and affixedimprovements insured against by this pcticy The Company shall have the right to
that by law constitute real property The term"Land"does not select counsel of its choice(subject to the right of the Inured to
include any property beyond the lines of the area described in object for reasonable cause)to represerr the Insured as to those
Schedule A.nor any right,title,interest,estate,or easement in stated causes of action it shall not be liable for and will not pay
abutt ng streets,roads,avenues,allays,lanes,ways,or waterways, the fees of any other counsel The Ccmpany will not pay any fees,
but this does not modify or limit the extent that a right of access to costs,or expenses incurred by the Insured 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
(h)"Mortgage' Mortgage,deed of trust,trust deed,or other security lb; the Company shall have the right,in addition to the options
instrument,including one evidenced by electronic means authorized contained in Section 7 of these Conditions at its own cost,to
by law institute and prosecute any action or proceeding or to do ary
g)'Public Records' Records established under state statutes at other act that in its opinion may be necessary or desirable to
Date 0t Policy for the purpose of imparting constructive notice of establish the Title,as insured.nr rn prevent nr reduce loss nr
damage to rhe Insured The Company may tate any appropriate
matters relating to real property to purchasers for value and without action under the terms of this palmy,whether or not it shall he
Knowledge With respect to Covered Risk 5(d),'Public Records' liable to the Insured The exercise of these rights shall net be an
shall also include environmental protection liens filed in the records admission of Ilabdrty or waiver of any provision of this policy
of the clerk of the United States Distnct Court fcr the district where H the Company exercises its rights under this subsection,it roust
the Land is located do so diligently
(j)"Title" The estate or interest described in Schedule A (c{Whenever the Company brings an action or asserts a defense
Ik)"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 final 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 is sole
discretion,to appeal any adverse judgment or order
Payee
CONDITIONS AND STIPULATIONS(colt)
6 DUTY OF INSURED CLAIMANT TO COOPERATE pnhry In addition,the Company will pay any posts,attorneys'fees,
(al In all oases where this policy permits or requires the Company and expenses incurred ty the Insured Claimant that were authorized
to prosecute or provide for the 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 or provide defense in tie axion or proceeding, (III "o pay or 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 purpnse Whenever requested by the Cnmpany,the Insured, attorneys'fees,and expenses incurred by the Insured Claimant that
at the Company's expense,shall give the Company all reasonable were authorized by the Company up to the time of payment and that
aid(din securing evidence,obtaining witnesses,prosecuting of the Company is obligated to pay
defending the action or proceeding,ur effecting settlement,and
(n)in any other lawful 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 subsections(bNi)orhi),the Company's obligations to the Insured
as insured If the Company is prejudiced bythe failure of the under his policy for the claimed loss or damage,other than the
Insured to furnishthe required cooperation,the Company's obligations payments required to be made,shall terminate,including any liabl ty
to the Insured under the policy shall 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 requiring such cooperation, 8 DETERMINATION AND EXTENT OF LIABIUTY
(b) Die 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 has 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 extent of liability of the Company for loss or mirage 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 Arnecot of Insurance,or
memoranda,correspondence,reports,e-mails,disks,tapes,and (u)the difference between the value of the Title as insured and the
videos whether bearing a date before or after Date of Pohry,that value of the Title subject to the risk insured against by this policy
reasonably pertain to the loss or damage FJrtber.if requested by (bl If the Company pursues its rights under Section 5 of these
any authonzed i epresentative of the Company,the Insured Clamant Conditions and is unsuccessful in establishing the Title,as insured,
shall grant its permission,in Acting,for anyauthonzed representative (lithe Amount of Insurance shall be increased by 10% and
of the Company to examine,inspect,and copy all of these records (n)the Insured Claimant shall have the right to have the loss or
in the custody or control of a third party that reasonably pertain to carnage determined either as of the date the claim was made by
the loss or damage All information designated as confidential by toe Insured Claimant or as of the date it is settled and paid
the Insured Claimant provided to the Company pursuant to this (d In addition to the extent of liability under(eland(b),the Company
Section shall not be disclosed to others unless,in the reasonable will also pay those costs,attorneys"fees,and expenses inured in
judgment of the Company,it is necessary in the administration of accordance with Sections 5 and 7 of these Conditions
the claim Failure of the Insured C'almant to submit for examination
under oath,produce any reasonably requested information,or g LIMITATION OF U ABILITY
grant permission to secure reasonably necessary information from (a)If the Company establishes the Title,or removes the alleged
third parties as required in this subsect on,unless prohibited by defect,lien,or encumbrance,or cures the lack of a right of access
law or governmental regulation,shall terminate any habilrty 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
litigation and the completion of any appeals,it shall have Cully
7 OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; performed its obligations with respect to that matter and shall not
TERMINATION OF LIABILITY be liable for any loss or damage caused to the Insured
Incase of a claim under this policy,the Company shall have the (b)In the event of any litigation,including litigation bytne Company
following additional options or with the Company's consent,the Company shall have no liability
(al To Payor 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 anv 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 exercise by the Company of this option,all liability and
obligations 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 LIABILITY
including any liability or obligation to defend,prosecute,or confirm All payments under this policy,except payments made for costs,
ue any litigation attorneys'fees,and expenses,shall reduce the Amount of insurance
(bI To Pay til Otherwise Settle With Pa dies Other Than the Insured by the amount of the payment
or With the Insured Claimant
h) To pay or ctherwnse settle with other parties for or in the
name at an Insured Claimant any clam insured against under this
urn+
COMM ONE AND STIPULATIONS(con%)
11 UABILITY NONCUMULATIVE policy,this policy shall be construed as a whole.
The Amount of Insurance shall be reduced by any amount the Company lb]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 any action asserting such claim shall be restricted to this
in Schedule a or 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 Title,and the amount so paid 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 pol icy issued at any time is made a
12 PAYMENT OF LOSS part of this policy and is subject 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 10 modify
fixed in accordance with these Conditions,the payment shell he elude any of the terms and provisions of the policy,(ii)modify any prior
within 30 days endorsement,i iii)extend the Date of Policy,or(iv)increase the
Amount of Insurance
13 RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT
(a)Whenever the Company shad have settled and paid a claim 16 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 appl'cable law,the policy shall be
in respect to the claim that the Insured Claimant has against any deemed not to include that provision or such part!mid to be invalid,hut
person or property,to the extent of the amount of any loss,costs, all other provisions shall remain in full force and effect
attorneys'fees,and expenses paid by the Company If requested
by theCompany,the Insured Claimant shall execute documents to 17 CHOICE OF UAW;FORUM
evidence the transfer to The Company of these rights and remedies (a)Choice of Law The Insured acknowledges the Company has
The Insured Claimant shall permit he Company to sue,compromise, underwritten the risks covered by this policy and determined the
or settle in the name of the Insured Claimant and to use the name prerruum charged 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,remedies
these rights and remedies or enforcement of policies of title insurance of the jurisdiction
If a payment on account of a claim does not fully cover the lass 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
nght to recover until after the Insured Claimant shall have recovered jurisdiction where the Land is located to determine the validity of
its loss claims against the Tide that are adverse to the Insured and to
(b)The Company's right of subrogation includes the nghls of the interpret and enforce the terms of this policy In neither case shall
Insured to indemnities,guaranties,other policies ofinsurance,or the court or arbitrator apply its conflicts al law principles ta deter-
bonds,notwithstardng any terms or conditions contained in those mire tae applicable law
instruments that address subrogation rights (b)Choice of Forum Any litigation or other proceeding brought by
the Insured against the Company must be filed only in a state or
14 ARBITRATION 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 Title
Insurance Arbitration Rules of the American Land Title Association 18 NOTICES,WHERE SENT
("Rules"l Except as provided in the Rules,there shall be no joinder Any notice of claim and any other notice or statement it 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,M inneapolis,
or claim between the Company and the Insured arising out ofor relating Minnesota 55401-2499
to this policy any service in connection with its issuance or the breach
of a policy provision,or to any other controversy or claim arising out of
the transaction giving rise to this policy All arbitrable matters when
the Amount of Insurance is$2,000,099 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$2,000,000 shall be
arbitrdLed uniy 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 Arbltratogs)
may be entered in any court of competent jurisdiction
15 UA BRITT UMITED TO THIS POLICY;POUCYSHIRE CON-
TRACT
la)This policy together with all endorsements,if 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
Pis
Old Republic National Title Insurance Company
ALTA 2006 STANDARD OWNERS POLICY
SCHEDULE A
FILE NO.: SP20995 POLICY NO.: OX 12811430
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, AND
ITS ASSIGNS
2 THE ESTATE OR INTEREST IN THE LAND WHICH IS COVERED BY THIS POLICY IS:
AN EASEMENT AS GRANTED BY DOCUMENT RECORDED SEPTEMBER 20, 2019 UNDER AUDITOR'S
FILE NO. 6844413 OVER THE LAND DESCRIBED IN PARAGRAPH 4 OF SCHEDULE A 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 Owners Policy(2006) Old Republic National Title Insurance Company
FILE NO.: SP20995 POLICY NO.: OX 12811430
EXHIBIT"A"
ALL THAT PORTION OF THE HEREINAFTER DESCRIBED TRACT"X" DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT OPPOSITE HIGHWAY ENGINEER'S STATION (HEREINAFTER
REFERRED TO AS HES) 78+92.25 ON THE BR LINE SURVEY OF SR 290, BARKER ROAD
INTERSECTION VICINITY AND 40.53 FEET EASTERLY THEREFROM;
THENCE NORTHERLY TO A POINT OPPOSITE HES BR 79+70.96 ON SAID LINE SURVEY
AND 40.53 FEET EASTERLY THEREFROM;
THENCE EASTERLY TO A POINT OPPOSITE HES BR 79+70.41 ON SAID LINE SURVEY AND
75.50 FEET EASTERLY THEREFROM;
THENCE SOUTHERLY TO A POINT OPPOSITE HES BR 79+45.75 ON SAID LINE SURVEY
AND 75.50 FEET EASTERLY THEREFROM;
THENCE WESTERLY TO A POINT OPPOSITE HES BR 79+45.75 AND 50.53 FEET EASTERLY
THEREFROM;
THENCE SOUTHERLY TO A POINT OPPOSITE HES BR 78+92.25 AND 50.53 FEET
EASTERLY THEREFROM;
THENCE WESTERLY TO THE POINT OF BEGINNING;
TRACT"X"
THE WEST HALF OF THE NORTH 340 FEET OF THE SOUTH 1010 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 "V"ON SURVEY RECORDED JANUARY 15, 2003 UNDER
SPOKANE COUNTY AUDITOR'S FILE NO.4830747 AND IN BOOK 92 OF SURVEYS, PAGE
15D, 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.: SP20995 POLICY NO.: OX 12811430
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.. SP20995 POLICY NO.: OX 12811430
SPECIAL EXCEPTIONS:
1. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF:
GRANTOR: SUBSURFACE INVESTMENT PARTNERS, L.L.C., A WASHINGTON
LIMITED LIABILITY COMPANY
TRUSTEE: INLAND PROFESSIONAL TITLE, LLC
BENEFICIARY: BANNER BANK
AMOUNT: $3,100,000.00
DATED: October 21, 2013
RECORDED: February 14, 2014
AUDITOR'S FILE NO.: 6284677
AFFECTS: THIS AND OTHER PROPERTY
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 B .Exceptions Old Republic National Title Insurance Company
ALTA Standard Owners Policy(2006)
Old Republic National Title Insurance Company
ALTA 2006 STANDARD OWNERS POLICY
FILE NO.: SP20995 POLICY NO OX 12811430
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 ' SP20995 POLICY NO.. OX 12811430
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.: 6844413
AREA AFFECTED: SAID PREMISES
THE TEMPORARY RIGHTS HEREIN GRANTED SHALL TERMINATE ON 8/14/2024
END OF SCHEDULE B EXCEPTIONS
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Page 5 of(5)Pages acus,.rar