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6853116 Easement, Temporary: Barker/BNSF Grade Separation #0143 • 10/15/2019 Fee x11:08:p3 AM e I ors 685'!116 RSpokane CountyPWash107 io tooepTY TITLE COMPANY 11111111 INN 111111 Iii 1111 IIIA II 11111N 1111 III 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): Lightning Bar,LLC Grantee(s): Government,City of Spokane Valley Legal Description: Ptn SE %of NE %Sec.6,T25, R45 E.,W.M. Additional Legal Description is on Page 4 of Document. Assessor's Tax Parcel Number: 55061.9057 TEMPORARY EASEMENT• Barker RoadBNSF Grade Separation Project No.0143 5())-07 % 3 The Grantors,,LIghtning Bar, LLC, a Washington limited liability company, for and in consideration 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. l'II �//�� Zi)The temporary rights herein granted shall terminate on v�� 20M • Said lands being situated in 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) Pmleet No. 0143 LPA-325 Page l of(5)Pages Parcel No. 55061 9057 102014 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. Date: 2- Lightning Lightning Bar, a Washington limited liability company By 6 _ /�� 1. -- I Title: /ileleib — ( "efrif2R'R Accepted and Approved City of Spokane Valley By: / �r Title: (' / S,c/6fetf r? LPA-325 Page 2 of(5)Pages Parcel No 55061.9057 10!2014 TEMPORARY EASEMENT STATE OF WASHINGTON ) ss SPOKANE COUNTY I certify that I know or have satisfactory evidence that 1Y61I(,(,1 �(}'1LJl(4, 1�(/'II X!-J are/is the individual(s)who appeared before me, and said individual(s) acknowledged that (r signed this instrument, on oath stated that Thetti are/is authorized to execute a instrument and acknowledged it as the ✓ VP(1D( f `J of LIGHTNING BAR, LLC, a Washington Limited Liability Company, to be the free and voluntary act of such party for theuusess and purposes mentioned in the instrument. ( J Dated this '7 day of 7( f /}I be , 2019. Notary Public•.•_I--W, IL `(.( LCD State of Washmatoa NOTARY PUBLIC TERESA WEAVER MY COMMISSION EXPIRES 01 and fo the St_ Rte of Waslll[lp�toi 1 NOVEMBER IS,2020 ticeslding �WYIIV—f,.•lkL. ��J My appointment expires: ) fl(J IJ 07 !7 LPA-325 Page 3 of(5)Pages Parcel No 55061 9057 10/2011 EXHIBIT A fIJERENCE:Parcel 55051.9057,Temoorary 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)79+71.50 on the BR line survey of SR 290,Barker Road Intersection Vicinity and 29.50feet westerly therefrom;thence westerly to a point opposite HES BR 79+70.83 on said line survey and 44.50 feet westerly therefrom;thence northerly to a point opposite HES BR 82+90.11 on said line survey and 55.00 feet westerly therefrom;thence easterly to a point opposite HES BR 82+89.75 on said line survey and 40.00 feet westerly therefrom;thence southerly to the Point of Beginning. Tract"X": That property situated in Spokane County,Washington,Township 25 North,Range 45 East W.M.,in the Southeast Quarter of the Northeast Quarter of Section 6,described as follows: COMMENCING at the East Quarter corner of said Section 6;thence North 01'07'10"West, 1327.14 feet along the centerline of Barker Road to the True Point of Beginning,the North 1/16 corner common to Sections 5 and 6;Thence South 01'07'10'East,315.16 feet along the Centerline of Barker Road;Thence departing Barker Road,South 86'20'23"West 425.70 feet;Thence North 01706'30"West,344.17 feet Thence South 89'45'13"East,425.33 feet to the True Point of Beginning; EXCEPT the East 30 feet for Barker County Road; Situate in the County of Spokane,State of Washington. The lands herein described contain an area of 4776.10 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. ' ra, 46875 sres g4c LM Page 4 of(5)Pages M1 : .4 , 737. SECTION CORNER 1 32 T,25N/T.26N.RASE.W.M. EXHIBIT "B" FOUND 112'DIA IRON ROD 6 t .2+8951 £ m (30.00'LT.) GOVT LOT 4 GOV'T LOT 1 i 82+89.75 SEC.5 l SEC.6 (40.00 LT.) ----- RIW I 8 +•1 11 -. (55.00'LT) m i _1_--r e-- P'L / 4 .— P7 94. 30' "..; 30'ROAD EASEMENTg a INST.NO 5611837 BR 91+T4G3 aRC at/ 2 II 1 AREA 3,175.49 SQ.FT. ��/ TEMPORARY CONSTRUCTION X04' $SA II EASEMENT 4,776.10 SQ.FT. A0. 0 m F.4f Iy Os i* SI m1105) 10' i I5il LIGHTNING B kLIC , . '49 I 1 pJ 79+70.61 o$Z 1 (445(Y LT) �./ {, I Pa p _ v,. --- 79+7,.50 , �' i rT- 79+71.'5 Z 1 I (19 SOLT.) a I B' 75+91n 1w 9 i I� SE % NE 'A I 8W % NW SEC.6 SEC.5 40' F 30.04' • «.,,•IN -- P'1 -- 1 II I L----- P,. QUARTER CORNER FOUND RAILROAD SPIKE 6 Pale S of(51 Paaes OWNER'S POLICY OF TITLE INSURANCE * * Policy Number OX 12882364 * * !stied by Old Republic National Title Insurance Company * * Any notice of claim and any other notice or statement in writing required b lie given to the * * * Compaq under this Policy must be given to the Company at the address drown in Section U of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE,THE EXCEPTIONS FRDM 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 Risks 9 and 13,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 being vested other Ilan as stated in Schedule A 2 Any defect it or lien or encumbrance on the Title This Covered Risk includes but is not limited to insurance against lass from la)A defect in the Tide caused by (:l forgery fraud,undue influence,duress,incompetency incapacity,or impersonation, tag failure of any person Dr Lrtity to have authorized a transfer or conveyance, (ni)a document attic,mg Title nun properly cleated,executed witnessed,sealed,acknowledged,notarized,or delivered, (iv)failure to perform those acts necessary to create a document by electronic means authorized by law, iv)a document executed under a falsified,expired,or otherwise invalid power of attorney, vg 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 (b)The lien of real estate taxes or assessments imposed on the Title by a governmental authonty due or payable,but unpaid (cl Any encroachment,encumbrance,violation,variation,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,and encroachment onto the Lard of extshng improvements located on adjoining land 3 Unmarketable Title 4 No right of access to and from the Land 5 The violation or entorcement of any law,ordinance,permit,or governmental regulation(including those relating to building and zoning)resmUirvg, regulating,prohibiting,or relating to (al the occupancy,use,or enjoyment of the Land, (bl the character.dimensions,or location of any improvement erected on the Land, (ci the subdivision of land,or (d)environmental protection if a notice,describing any part of the Land,is recorded it the Public Records setting forth the violation or intention to enforce but only to the exten- of:he violation or enforcement referred to it that notice Ou0 REPUBUC NATIONAL TITLE INSURANCE COMPANY Issued through the office of: A Stock Canpany SPOKANE COUNTY TITLE 400 Second Avenue South Minnaspaies Minnesota 55801 COMPANY 1612)377-1111 NORTfBANl BUILDING,SLATE 100 1010 N.NORMANDIE STREET SPOKANE,WASHINGTON 99201 LOunrasgrwXi A A /\ gy President Authorized Officer or Agent Myst 00 Secretary ORE Arm 4909 ALTA Owen Pohq of Ms Imumicu e9M P 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 l he exercise of the rights of eminent domain if a notice of the exercise,describing any part of me and is recorded in the Public Records B Any taking bye governmental badythat has occurred and is binding on the rights of a purchase for value without Knowledge 9 Title being vested atlei than as stated iu Schedule A or being defective Was a result of the avoidance in whole or in part,or from a court order piovidirq an alternative remedy,of a transfer of all or any part of the title to or any interest in the Land occurnng prior to the transits bon vesting Tide as slum W Schedule A because that prior transfer constituted a<raudul ent or preferential transfer under federal beck ruptcy,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 failure of its recording in the Public Records Id to be timely,or (alto impart notice of its existence to a purchaser for value or to a judgment or lien 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 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 following matters are expressly excluded from the coverage of (Id not Known to the Company,not recorded in 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 wrong to the Company ay 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 building and zoning)restricting, (cl resulting in no loss or damage to the Insured Claimant regulating,prohibiting,or relating to (d)attaching or treated subsequent to Date of Policy (however,this does iot modify or limit the coverage provided (il the occupancy,use,or enjoyment of the Land, under Covered Risk 9 and'0).or (n)the character,dimensions,or location of any (e)resulting in loss or damage that would not have been improvement erected en the Land, sustained n the Insured Claimant had paid value for Tide (inti!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 (ala fraudulent conveyance or fraudulent transfer,or (bi Any governmental police power Pus Exclusion tlbl does not (bi a preferential transfer for any reason not stated in Covered nodifyor limit the coverage provided under Covered Risk S Risk 9 of this policy 2 Rights of eminent domain This Exclusion does not modify or limit F Any ion on the Title for real estate taxes or assessments imposed the coverage provided under Covered Risk 7 or 0 by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument 3 Jefects liens encumbrances,adverse claims,or other matters of transfer in the Public Records that vests Title as shown in Schedule Iai created,suffered assumed,or agreed to by the Insured Claimant, Page 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 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 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 1 DEFINITION OF TERMS purchase,lease,or lend if there is a contractual condition requiring The follow ng terms when used in this policy mean the delivery of marketable title MI"Amount of Insurance" The amount stated in Schedule A,as may 2 CONTINUATION INSURANCE be increased or decreased by endorsement to this policy, increasedCheTINUAeofN OFs olicy lcontinue enforce as of Date of by5ecnon 0161,or decreased by Sections 11 and 12 of these Conditions Policy in favor of an Insured,but only so long as the Insured retains Ibl"Date of Policy' The date designated as'bate of PohcY in an estate or interest in the Land,or holds en obligation secured by Schedule A a purchase money Mortgage given hye purchaser from the Insured, lc)"Entity' A corporation,partnership,trust,limited liability oronly so long as the Insured shall have liability by reason of company.or other similar legal entity, warranties in any transfer or conveyance of theTitle This policy Id)"Insured' The Insured named in Schedule A shall not continue in force in favor of any purchaser from the hl The term'Insured"also includes Insured of either(il an estate or interest in the I and,or oil en (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,includrg heirs,devisees,survivors, Insured personal representatives,or next of kin, (BI successors to an Insured bydissolu'ion,merger,consolidation, 3 NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT distribution,or reargani tion, Insured Company promptly writing case ICI successors to an Insured by its conversion to another kind of of any litigation as set forth in Section Sal of these Conditions,iii) Entity, in case Knowledge shall come to an Insured hereunder of any claim IDI a grantee of an Insured under a deed delivered without of title or nterest 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 (1)if the stock,shares,memberships or other equity by virtue of this policy,or(Miff the Title as insured,is rejected as interests of the grantee are wholly-owned by the Unmarketable fide If the Company is prejudiced by the failure of the InsJred Claimant to provide prompt notice,the Company's named Insured, liability to the nsured Claimant under the policy shall be reduced 12)if the grantee wholly owns the named Insured, to the extert of the prejudice (31 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 t.nable to determine the amount of by the same person or Entity,or loss or damage,the Company may,at its option,requite as a condition No 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,Len,encumbrance,or Insured named in Schedule A for estate planning other matter insured against by this policy that constitutes the purposes basis of loss or damage and shall state,to the extent possible,the lid With regard to IA),I8),(CI,anc(DI 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 Clamant' Ai Insured claiming loss or damage la]Upon wntten request by the Insured,and subject to the optons lf)'Knowledge'or'Known' Actual knowledge,not constructive contained in Section 7 of these Conditions,the Company,at own cost and without unreasonable delay,shall provide for the knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive aclaim oweelnsurei in litigation which any partyasaerts 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 matte's Ig)"'Land" The lande d in Schedule A,and affixed improvements insured against by this policy The Company shall have the right to that by law constituttreal e real property The term"Land does not select counsel of its choice(stied to the right of the Inured to include any property beyond the lines of the area described in object for i eason able cause!to represent the lnswed as to those Schedule A,nor any right,tole,interest,estate,or easement in stated causes of action It shall not be liable for and will not pay abutt ng streets,roads,avenues,alleys,lanes,ways,or waterways, the fees of any other counsel The Company will not pay any fees, but this does not modify or limit the extent than 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 action that allege matters not insured against bythis 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 awn cost,to by law institute and prosecute any action or proceeding or to do any 01'Public Records' Records established under state statutes at other act that in its opinion may be necessary or desirable to Date of Policy for the purpose otimparting constructive notice of establish the Title,as insured,or prevent nr reduce loss nr matters relating to real property to purchasers for value and without action to the Insured The Company may take any appropriate action unite,the terms of this policy,whether or not it shall be Knowledge With respect to Covered Risk 5(d),'Public Records' liable to the Insured The exercise of these rights shall nut be an shall also include environmental protection liens fled in the records admission of liability or waiver of any provision of this policy of the clerk of the United States District Court for the district where If the Company exercises its rights under this subsection,it must the Land is located do so de gently Id'Title" The estate or interest described in Schedule A (c)Whenever the Company brings an action or abseils a defense (kj"Unmarketable Title" Title affected by an alleged or apparent as required or permitted by this policy,the Company may pursue matter that would pont a prospective purchaser or lessee of the the rogation to a final determination by a court of competen' Title or lender on the Title to be released from the obligation t jurisdiction,and it expressly reserves the right,in its sole discretion to appeal any adverse judgment or order Peg CONDITIONS AND STIPULATIONS(emit) 6. DUTY Of INSURED CLAIMANT TO COOPERATE policy In acdition the Company will pay any costs,attorneys'fees, la)In all cases where this policy permits or requires the Company end expenses incurred by 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 action or proceeding, (i) To 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 fps under this policy,together with any costs, this purpose Whenever requested by the Company,the Insured, attorneys'fees,and exaenses incurred by the Insurec Claimant:het 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 Win securing evidence,obtaining witnesses,prosecuting au the Company is obligated to pay defending the action or proceeding,or effecting settlement,and (ii)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 Pot')or Iii),the Company's obligations to the Insured as insured If the Company is praµdiced by the failure of 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 habil ty to the Insured under the policy shell terminate,includirg any or obligation to defend,prosecute,or continue any litigation hahiity or obligation to defend,prosecute,or continue any litigation, with regard to the matter or matters requiring such cooperation 8 DETERMINATION AND EXTENT OF UABIUTY (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,as 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 ettent of liability of the Company for loss or cartage under by the authorized representative of the Company,all records,in this policy shall not exceed the lesser of whatever medium maintaired.including books,ledgers,checks, (i)the Amount of Insurance,or memoranda,correspondence,reports,e-mails,disks,tapes,and (ii)the difference between the value of the Title as,nsured andthe videos whether bearing 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 o'damage Further,if'quested by (b)If the Company pursues its rights under Section 5 of these any authorized E epresentauve of the Company,the InsuredClamant Conditions and is unsuccessful in establishing the Title,as insured, shall grant its permission,in writing,for any authorized representative Ill the Amount or Insurance shall be increased by 10%.and of the Company to gramme,inspect,and copy all of these records hit tie'nsured Claimant 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 con fidertial by the insured Claimant or as of the date r is settled and paid the Insured Claimant provided to the Company pursuant to this (c)In addition to the extent of liability under la)and(b),the Company Section shall not be disclosed to others unless,in the reasonable will also pay those costs,attorneys"fees,and expenses moored is 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 Clamant to submit for examination under oath,produce any reasonably requested information,or y LIMITATION OF LIABILITY grant permission to secure reasonably necessary mformabon from (al 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 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 litigation and the completion of any appeals,it shall have tully 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 In case of a claim under this policy,the Company shall have the (b)In the event of any litigation,including litigation by the Company following additional options or with the Company's consent,the Company shall have no liability {a)Tc 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 uncer this court of competent jurisdiction.and disposition of all appeals, policy together with any costs,attorneys fees,and expenses adverse to the Tide,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 end that Insured for liability voluntarily assumed by the Insured in settling the Company is obligated to pay any claim or suit vnthout the prior written consent of the Company Upon the exercise by the Company of this option all liability and obligations et the Company to the Insured under this policy,other 10 REDUCTION OF INSURANCE;REDUCTILTN OR TERMINATION than to make the payment required in this subsection,shall terminate. OF LIABILITY including any liability or obligation to defend,prosecute,or=tin- All payments under this policy except payments made fo'costs, ye any litigation attorneys'fees,and expenses,shall reduce the Amount of Insurance (bi To Pay OF Otherwise Settle With Parties Other Than the Insured by the amount of the payment or With the Insured Claimant (il To pay or otherwise settle with other parries for or in the name of an Insured Claimant any clam insured against under this Page 4 CONDITIONS AND STIPULATIONS cont( ' 11 UABILITY NONCUMULATIVE policy,this policy shall he 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 tha 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 B 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 policy issued at any time is made a 12 PAYMENT OF LOSS part of this policy and is subject to all of in terms and provisions When liability and the extent of loss or damage have been debmle'y Except as the endorsement expressly states.it does not pl modify fixed in accordance with these Conditions,the payment shall be made any of the terns and provisions of the policy,(ti)modify any prior within 30 days endorsement,lull extend the Date of Policy,or PN increase the Amount of Insurance 13 RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a)Whenever the Company shall have settled and paid a claim 15 SEVERABILITY under this policy,it shall be subrogated and entitled to the rights of In the event ary 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 include that provision or such part held to be invalid,but person or property.to the extent of the amount of any loss,costs, all other provisions shall retrain 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 17 CHOICE OF LAW;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 pernat the 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 premum 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 urrsdrmmn If a payment on account of a claim does not fully cever 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 nave recovered jurisdiction where the Land is located In determine the validity of its loss, claims against the Title that are adverse to the Insured and to (b!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 inthose mine the applicable law instruments that address subrogation rights Ib)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 Ether the Company or the insured may demand that the claim or having appropriate Jurisdiction controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association '6 NOTICES.WHERE SENT ("Rules") Except as provided in the Rules,there shall be no Joinder Any notice of claim and any other notice or statement in 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, Mi nneapolis, or claim between-he Company and the Insured arising out of or relating Minnesota 554012499 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 tc 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$2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured Arbitration pursuant to this policy and under the Rules shall be binding uponthe panes Judgment upon the award rendered by the Arbitrators) may be entered in any court of competent jur 3dretron 15 UABILITY LIMITED TO THIS POLICY;POLICY ENTIRE CON- TRACT (al This policy together with all endorsements,if any,attached to it by the Company is the entire policy and cemracr between the Insured and the Company, In interpreting any provision of this aa¢s rou 1 9004 19061 2 0029 • I roar "" noun •dEl'o • 19057 2 SEGO ms i• 12E69 � S , Y 1 C Y ° x9231 CCCC 21. . .,n x nM f / R 22232 1.9056 are 16[85 D 50107 a 2 9067 29056 1 2969 -MA]6pt ss- I• � ,E A PORTION OF THE NE QUARTER OF SECTION 06 ,TOWNSHIP 25 NORTH, RANGE45 EAST,W.M. THIS SKETCH IS FURNISHED FOR INFORMATION PURPOSES ONLY TO ASSIST IN PROPERTY LOCATION. DIMENSIONS ARE NOTGUARANTEEDACREAANO SHAPE. THI RELIEDOUPONSO DETERMINE F ACREAGE C RRED B TEESON RREASSUMESNO SPOKANE N LIABILITY FOR LOSS INCURRED BY REASON OR RELIANCE ' THEREON. COUNTY TITLE SPOKANE COUNTY TITLE COMPANY 326-2626 Old Republic National Title Insurance Company ALTA 2006 STANDARD OWNERS POLICY SCHEDULE A FILE NO. 5P20993 POLICY NO.. OX 12882364 ADDRESS REFERENCE 4321 N BARKER RD SPOKANE VALLEY,WA 99027 AMOUNT OF INSURANCE: $20,000.00 PREMIUM: $527.00 DATE OF POLICY. October 15, 2019 at 11:07 AM 1. NAME OF INSURED: CITY OF SPOKANE VALLEY, A WASHINGTON MUNICIPAL CORPORATION 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 8 is attached. SCHEDULE A ALTA Standard Owner's Policy(2006) Old Republic National Title Insurance Company FILE NO SP20993 POLICY NO.: OX 12882364 EXHIBIT "A" THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 6,TOWNSHIP 25 NORTH, RANGE 45 EAST OF THE WILLAMETTE MERIDIAN, DESCRIBED AS FOLLOWS; COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 6; THENCE NORTH 1°07'10"WEST, 1327.14 FEET ALONG THE CENTERLINE OF BARKER ROAD TO THE TRUE POINT OF BEGINNING,THE NORTH 1116 CORNER COMMON TO SECTIONS 5 AND 6; THENCE SOUTH 1°07'10" EAST,315.16 FEET ALONG THE CENTERLINE OF BARKER ROAD; THENCE DEPARTING BARKER ROAD, SOUTH 86°20'23"WEST, 425.70 FEET; THENCE NORTH 1°06'30"WEST, 344.17 FEET; THENCE SOUTH 89°45'13"EAST, 425.33 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT BARKER COUNTY ROAD ON THE EAST; 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.: SP20993 POLICY NO.: OX 12882364 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(2008) Old Republic National Title Insurance Company ALTA 2006 STANDARD OWNERS POLICY FILE NO : SP20993 POLICY NO ' OX 12882364 SPECIAL EXCEPTIONS: 1. MATTERS DISCLOSED BY SURVEY RECORDED February 22, 1993 UNDER AUDITOR'S FILE NO. 9302220277 IN BOOK 55 OF SURVEYS, PAGE(S) 35. 2. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: ROADWAY AND UTILITIES RECORDED: November 16, 2007 AUDITOR'S FILE NO.: 5611837 AREA AFFECTED: THE NORTH 30 FEET OF SAID PREMISES 3. 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. 4. 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: October 15,2019 AUDITOR'S FILE NO.: 6853116 AREA AFFECTED: PORTION OF SAID PREMISES THE TEMPORARY RIGHTS HEREIN GRANTED SHALL TERMINATE ON 9-20-2024 END OF SCHEDULE B EXCEPTIONS akg This policy val id only if Schedule A is attached SCHEDULE B -Exceptions Old Repubbc National Title Insurance Company ALTA Standard Owner's Policy(2006)