21-200.00 Five Fifty LLC: Summerfield Property Acquisition 2( -200
REAL PROPERTY ACQUISITION AGREEMENT
WITH ESCROW INSTRUCTIONS
THIS REAL PROPERTY ACQUISITION AGREEMENT WITH ESCROW INSTRUCTIONS
("Agreement")is made effective as of December 1 , 2021, ("Effective Date"), by and between the
City of Spokane Valley,a Washington municipal corporation("City"),and Five Fifty LLC,a Washington
limited liability company("Donor").
Donor is the owner of the following(collectively,the"Property"):
A.Fee title to real property consisting of approximately 24.5 acres,more or less,located in Spokane
Valley, Washington, Spokane County Assessor Parcel Numbers 46355.9151, 46352.9149,
46351.9143, and 46354.9150, does not have an assigned street address, Spokane Valley, WA, as
more particularly described on the attached Exhibit A("Real Property");
B.Any structures and improvements on the Real Property("Improvements");
C.An undivided interest in and to any and all rights and easements appurtenant to the Real Property
and the Improvements;and
D.Any applicable licenses,permits,land use designations,approvals,various waivers or consents
applicable to the Real Property and the Improvements (collectively, the "Permits"), to the extent
transferable,issued, or subject to the laws of the United States, the State of Washington, Spokane
County, or the City of Spokane Valley, other authority, department, commission board, bureau,
agency, unit, or instrumentality (collectively, the "Governmental Authorities" and each, a
"Governmental Authority").
City desires to acquire and Donor desires to transfer the Property,upon the terms and conditions hereinafter
outlined.
NOW,THEREFORE,it is mutually agreed by and between the parties as follows:
1. Agreement.Donor agrees to donate and convey the Property to City,and City agrees to accept the
Property from Donor,upon the terms and conditions set forth in this Agreement.
2. Property Value. The value of the property is $830,000 ("Property Value"). Donor shall be
responsible for and pay all taxes, fees, and assessments due and owing to the date of transfer. Following
closing, City shall be responsible for and pay any taxes, fees, and assessments due on the Property. City
shall pay all fees and closing costs associated with this transfer at Closing in Current Funds. As used in
this Agreement, the term "Current Funds"means wire transfers, certified funds, or a cashier's check in a
form acceptable to Escrow Agent that would permit Escrow Agent to immediately disburse such funds.
3. Conditions Precedent to Transfer. This Agreement is made and executed by Donor and City
subject to the following conditions precedent:
3.1 Review of Title.
(a) Title Report. City has obtained at City's cost a commitment for the Title Policy
together with legible copies of all documents referred to in Schedule B of the commitment
(the commitment and the documents are collectively referred to in this Agreement as the
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"Title Report"). City has reviewed the Title Report and all title exceptions in the Title
Report are acceptable to the City ("Permitted Exceptions"). Although not listed as an
exemption,there are Option Agreements in favor of KJT Investments,LLC. Donor agrees
that these Option Agreements shall be released and terminated prior to or at the time of
Closing.
3.2 Title Policy. At the Closing, Donor shall convey to City marketable and insurable fee
simple title to the Real Property by the duly executed and acknowledged statutory warranty deed
("Deed")in a form chosen by the Escrow Agent. Evidence of delivery of marketable and insurable
fee simple title will be the issuance by Title Company to City of a standard owner's policy of title
insurance in the amount of the Property Value,insuring fee simple title to the Real Property in City,
subject only to Permitted Exceptions("Title Policy").
4. Closing.
4.1 Closing Date. The acquisition contemplated in this Agreement will close ("Closing") no
later than December 30,2021.
4.2 Closing/Escrow Agent. The Closing/Escrow Agent shall be WFG National Title
Insurance Company of Eastern Washington, 200 North Mullan Road,#124, Spokane Valley,WA
99206.
4.3 Closing Costs and Prorations.
(a) Closing Fees. At Closing, the City shall pay escrow fees and recording fees and any
real estate excise tax. Each party must pay its own attorneys' fees incurred with respect to
this transaction.
(b) Title Policy. For the Title Policy, City shall pay for a standard owner's title policy,
including the cost of any and all endorsements to the Title Policy unless provided by Donor
to clear a Disapproved Matter, in which case, Donor shall pay the cost of such
endorsements.
(c)Taxes and Fees. Donor is responsible for payment of any property taxes due and owing
to the date of closing,and shall pay the same prior to closing. Donor shall pay any utilities
due and owing on the Property prior to closing.
(d)Appraisal Fees.City shall reimburse Donor for Appraisal fees of$2,950.
(e)Preliminary Closing Adjustment. Donor and City shall cooperate with Escrow Agent
to prepare a preliminary closing statement("Closing Statement"). All apportionments and
prorations provided for in this Section 4.2 to be made as of the Closing Date will be made
on a per diem basis,with City to be entitled to any and all income on and after the Closing
Date. The preliminary Closing Statement and the apportionments or prorations reflected
therein will be based upon actual figures to the extent available. If any of the
apportionments or prorations cannot be calculated accurately based on actual figures on
the Closing Date, then they will be calculated based on Donor's and City's good faith
estimates thereof,subject to reconciliation as hereinafter provided.
(f)Post-Closing Reconciliation. If there is an error on the preliminary Closing Statement
or, if after the actual figures are available as to any items that were estimated on the
preliminary Closing Statement,it is determined that any actual proration or apportionment
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varies from the amount thereof reflected on the final Closing Statement, the proration or
apportionment will be adjusted based on the actual figures as soon as feasible. Either party
owing the other party a sum of money based on such subsequent proration(s)shall,within
five days from the determination thereof,pay said sum to the other party.
(g)Other Costs and Survival. All other costs not addressed within this Section 4.2 shall
be paid pursuant to the custom in Spokane County. The provisions of this Section 4.2 shall
survive Closing.
4.4 Deliveries at Closing.
(a) Deliveries by Donor. At Closing, Donor shall execute and deliver all documents
reasonably necessary to effect and complete the Closing, including,but not limited to,the
following documents to be executed and delivered:
(1)The Statutory Warranty Deed, in a form to be chosen by the Escrow Agent,
conveying to City good marketable and insurable fee simple title to the Property,
free and clear of all liens, restrictions and encumbrances, other than Permitted
Exceptions.
(2)A non-foreign affidavit for purposes of compliance with Section 1445(b)(2)of
the Internal Revenue Code of 1986, as amended ("Code"), and the regulations
adopted thereunder.
(3)An Internal Revenue Service"Non-cash Charitable Contribution" form
8283.
(4) All original contracts, permits, licenses, and government approvals affecting
the Property.
(5) A "Transfer and Release of Option Rights" executed by KJT
Investments, LLC and Donor.
(6)The amounts required pursuant to 4.2 in Current Funds.
(7)Such documentation and/or funds as Escrow Agent may reasonably require,or
otherwise required to close the escrow and consummate the transfer of the Property
pursuant to the terms hereof.
(b)Deliveries by City. On the Closing Date,City shall execute and deliver all documents
reasonably necessary to effect and complete the Closing,including,but not limited to,the
following to be executed and delivered by City to Donor:
(1) The amounts required under Sections 2 and 4.2 in Current Funds.
(2)An Internal Revenue Service"Non-cash Charitable Contribution" form
8283.
(3) Such documentation as Escrow Agent may reasonably require, or may
otherwise be required to close the escrow and consummate the transfer of the
Property pursuant to the terms hereof.
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(c)Actions of Escrow Agent. When the foregoing provisions of this Section have been
consummated,at the Closing the Escrow Agent shall:
(1)Prepare settlement statements and obtain signed copies from Donor and City.
(2)Record the Deed.
(3)Pay real estate taxes,real estate excise taxes,recording fees,escrow fees,Title
Insurance premium and reimbursements to Donor for Appraisal Fees.
(4)Issue and deliver the Title Policy to City.
(5)Deliver the above referenced documents to each applicable party.
5. Renresentations and Warranties of Donor. In addition to the representations and warranties
contained in other sections of this Agreement, Donor makes the representations and warranties to City set
forth in this Section 5. Each representation and warranty: (a) is material and relied upon by City; (b) is
true,to the best of Donor's knowledge,in all respects as of the Effective Date;(c)will be true in all respects
on the Closing Date;and(d)will survive Closing.
5.1 Binding Agreements/Authority/Conflicts. This Agreement and all exhibits and
documents to be delivered by Donor pursuant to this Agreement have been duly executed and
delivered by Donor and constitute the valid and binding obligations of Donor, enforceable in
accordance with their terms. Donor has all necessary authority, and has taken all action necessary
to enter into this Agreement to consummate the transactions contemplated hereby,and to perform
its obligations hereunder. The execution, delivery, and performance of this Agreement will not
conflict with or constitute a breach or default under (a)the organizational documents of Donor;
(b)any material instrument, contract, or other agreement to which Donor is a party which affects
the Property; or (c)any statute or any regulation, order, judgment, or decree of any court or
governmental authority.
5.2 Due Diligence Materials; Other Documents. To Donor's knowledge, all current
diligence materials and other documents Donor has provided to City are true and accurate in all
material respects.
5.3 Non-foreign Status. Pursuant to Section 1445 of the Internal Revenue Code,Donor is not
a foreign person or nonresident alien as defined within that section. Donor understands that the
City may disclose this warranty to the Internal Revenue Service.
5.4 Proceedings and Litigation. There are no existing or pending suits,claims,proceedings,
or actions with respect to any aspect of the Property nor,to the knowledge of Donor,have any such
actions,suits,proceedings,or claims been threatened or asserted.
5.5 Condemnation: Access. There is no pending or, to Donor's knowledge, threatened
condemnation affecting the Property. There is no pending or, to Donor's knowledge, threatened
proceeding that would adversely affect access to the Property.
5.6 Donor Sole Owner. Donor is the sole fee owner of the Property and has good and
marketable title thereto.
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5.7 No Contracts and Commitments. Except for this Agreement, with respect to the
Property,Donor is not a party to any other contract or agreement providing for the transfer or other
conveyance of any of the Property,or any portion thereof.
5.8 Donor's Performance. To the best of Donor's actual knowledge, Donor is not in default
under any contract affecting the Property to which Donor is a party, and no event, condition, or
occurrence exists which, after notice or lapse of time,or both,would constitute such a default by
Donor of any of the foregoing.
5.9 Title to Real Property. As of the Closing Date, the Property will be free and clear of all
liens, encumbrances, claims, rights, demands, easements, leases, agreements, assessments,
covenants, conditions, and restrictions of any kind or character(including,but without limitation,
liens or claims for mortgages, or other title retention agreements, deeds of trust, security
agreements,and pledges)except for the Permitted Exceptions.
5.10 Governmental Consents. To Donor's knowledge,no violations are or have been recorded
in respect of any licenses or Permits and no proceedings are pending or otherwise threatened,
concerning the revocation or limitation of any such license or Permit. There is no governmental or
public action pending or threatened in writing,or,to Donor's knowledge,otherwise threatened that
would limit or affect operation of the Property.
5.11 Governmental Compliance. Donor has not received written notice of any violation of
any statute, law, ordinance, or regulation of any Governmental Authority that would require
remedial action by Donor or would require repairs or alterations to the Property or any portion of
the Property. To the best of Donor's knowledge,the Property is not in violation of any statute,law,
ordinance, or regulation of any Governmental Authority.
5.12 Environmental/Hazardous Materials. To the best of Donor's actual knowledge,Donor
has not discharged or permitted the storage on the Property of any Hazardous Substance and Donor
is not aware of any discharge or storage of any Hazardous Substance on the Property by any other
persons. Donor has not received any notice of violation, administrative complaint, judicial
complaint,or other notice(a)alleging that conditions on the Property are or have been in violation
of any Environmental Law, (b)informing Donor that the Property is subject to investigation or
inquiry regarding the presence of Hazardous Substances on or about the Property, or (c)alleging
the potential violation of any Environmental Law.
(a)"Environmental Law"Defined. As used in this Agreement,the term`Environmental
Law"means any federal, state or local law, statute, ordinance, or regulation pertaining to
health, industrial hygiene, or environmental conditions, including, without limitation, the
Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42
U.S.C. § 9601, et seq.; the Resource Conservation and Recovery Act of 1976, 42 U.S.C.
§ 6901, et seq.; the Toxic Substances Control Act of 1976, 15 U.S.C. § 2601, et seq.; the
Superfund Amendments and Reauthorization Act of 1986, Title III, 42 U.S.C. § 1101, et
seq.;the Clean Air Act,41 U.S.C.§ 7401,et seq.;the Federal Water Pollution Control Act,
33 U.S.C.§ 1251,et seq.;The Safe Drinking Water Act,41 U.S.C.§ 300f,et seq.;the Solid
Waste Disposal Act, 42 U.S.C. § 3251, et seq.; the Model Toxics Control Act, chapter
70.105 RCW; and any other federal, state or local law, statute, ordinance, or regulation
now in effect or hereinafter enacted which pertains to health, industrial hygiene, or the
regulation or protection of the environment,including without limitation,ambient air,soil,
groundwater,surface water,or land use.
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(b) "Hazardous Substance" Defined. As used in this Agreement, the term "Hazardous
Substance"means any material,waste,substance,pollutant,or contaminant which may or
could pose a risk of injury or threat to health or the environment, including, without
limitation: (i)those substances included within the definitions of"hazardous substance,"
"hazardous waste," "hazardous material," "toxic substance," "solid waste," or"pollutant
or contaminant" in or otherwise regulated by, any Environmental Law; (ii)those
substances listed in the United States Department of Transportation Hazardous Materials
Table (49 C.F.R. 17.101, including appendices and amendments thereto), or by the
Environmental Protection Agency (or any successor agency)as hazardous substances(40
C.F.R. Part 302 and amendments thereto); (iii)such other substances, materials,or wastes
which are or become regulated or classified as hazardous or toxic under any Environmental
Law; and (iv)any material, waste, or substance which is (A)petroleum or refined
petroleum products; (B)asbestos in any form; (C)polychlorinated biphenyls;
(D)flammable explosives; (E)radioactive materials; (F)radon, or(G) Mold. As used in
this Agreement, the term "Mold" means any mold, mildew, or fungi (living or dead) or
their mycotoxins, spores, or other byproducts present in a quantity, of a type, or in such
manner, as to pose a potential risk to human health or a potential violation of any
Environmental Laws or to indicate significant impairment to the structure where the mold,
mildew,fungi or their mycotoxins,spores,or other byproducts exist.
6. Covenants of Donor.
6.1 Normal Operations. From and after the Effective Date, Donor shall not: (a) execute,
modify,terminate,or approve any contracts or commitments of any kind affecting the Property or
any interest therein without City's written approval, which may be granted or withheld in City's
sole discretion; (b) execute any leases affecting the Property; or (c) encumber the Property with
any liens, encumbrances, or other instruments creating a cloud on title or securing a monetary
obligation with the Property. Until possession is delivered to City, Donor agrees, at its sole cost
and expense, to maintain and keep the Property in not less than the same order and condition as it
is on the Effective Date,and to operate the Property in the same manner as if Donor were retaining
the Property.
6.2 Insurance. Until the Closing Date,Donor shall maintain substantially the same liability,
casualty,and all other insurance on the Property,if any,as are in effect as of the Effective Date.
6.3 Continuine Representations and Warranties. Until the Closing Date, promptly upon
the occurrence of, or upon Donor becoming aware of an impending or threatened occurrence of,
any event which would cause or constitute a material breach of this Agreement, or which would
have caused or constituted a breach had such event occurred prior to the date hereof,of any of the
representations or warranties of Donor contained in or referred to in this Agreement or in any
exhibit to this Agreement,Donor shall give detailed written notice thereof to City and shall use its
reasonable efforts to prevent or promptly remedy the same.
7. City's Representations, Warranties, and Covenants. In addition to the representations and
warranties contained in other sections of this Agreement,City makes the representations and warranties to
Donor set forth in this Section 7. Each representation and warranty: (a) is material and relied upon by
Donor;(b)is true in all respects as of the Effective Date;(c)will be true in all respects on the Closing Date;
and(d)will survive Closing.
7.1 Authority/Bindine A2reements. City has the legal right, power, and authority to enter
into this Agreement and to consummate the transactions contemplated hereby, and the execution,
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delivery,and performance of this Agreement have been duly authorized and no other action by City
is requisite to the valid and binding execution,delivery,and performance of this Agreement.
7.2 Qualified Organization. City is a political subdivision of the State of Washington and a
qualified organization under section 170(c)of the Internal Revenue Service Code and is otherwise
able to accept charitable contribution of the Property.
8. Anti-Terrorism Laws. Neither City nor Donor, nor any of their shareholders, officers, or
directors, is a "Prohibited Person" or "Specifically Designated National and Blocked Person" under the
Anti-Terrorism Laws (hereinafter defined). As used herein, the term "Anti-Terrorism Laws" means any
and all present and future judicial decisions,statutes,rulings,rules,regulations,permits,certificates,orders,
and ordinances of any Governmental Authority relating to terrorism or money laundering including,without
limiting the generality of the foregoing,the Uniting and Strengthening America by Providing Appropriate
Tools Required to Intercept and Obstruct Terrorism Act of 2001 (Pub.L.No. 107-56);the Trading with the
Enemy Act(50 U.S.C.A.App. 1 et seq.);the International Emergency Economic Powers Act(50 U.S.C.A.
§ 1701-06); Executive Order No. 13224 on Terrorist Financing, effective September 24, 2001 (relating to
"Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or
Support Terrorism")and the United States Treasury Department's Office of Foreign Assets Control list of
"Specifically Designated National and Blocked Persons" (as published from time to time in various
mediums including,without limitation,at http:www.treas.gov/ofac/tllsnd.pdf).
9. "AS IS" Transaction; Release; Disclosures. Subject to Donor's representations and warranties
expressly set forth in Section 5 and in the documents delivered by Donor at Closing (collectively, the
"Donor Representations"), and acknowledging City's opportunity to inspect the property, City agrees to
accept the property "as is", "where is", with all faults and conditions thereon. Any written or oral
information, reports, statements, documents, or records concerning the property("Disclosures")provided
or made available to City or City's representatives by Donor or Donor's representatives will not be
representations or warranties,unless specifically set forth in the Donor Representations. In purchasing the
Property or taking other action hereunder,City has not and will not rely on any such disclosures(except to
the extent covered by the Donor representations),but rather, City will rely only on City's own inspection
of the property. City acknowledges that the Agreement reflects the fact that the property is being transferred
"AS IS," "WHERE IS," and with all faults. City waives any right it may have to seller's disclosure
statement pursuant to RCW 64.06.010.
10. Condemnation; Casualty. Donor shall promptly notify City in writing of any casualty or any
condemnation proceeding commenced or threatened with respect to the Property prior to Closing(any such
event being referred to as a"Condemnation Event"). If any such Condemnation Event relates to or may
result in the loss of any portion of the Property, then City may elect, by notice to Donor within five days
after receipt of Donor's notice, to terminate this Agreement, in which event neither party shall have any
further rights or obligations hereunder. If City does not terminate this Agreement, then City shall close
escrow and shall accept such Property in its then condition.
11. Brokerage. Neither party is represented by a licensed real estate agent or broker or other person
who can claim a right to a commission or a finder's fee regarding the Real Property.
12. Attorneys' Fees. Should either party bring any action against the other party related in any way
to this Agreement,the substantially prevailing party will be awarded its or their reasonable attorneys' fees
and costs incurred for prosecution,defense,consultation,or advice in connection with such action.
13. Escrow Agent. Escrow Agent hereby accepts its designation as Escrow Agent under this
Agreement. It is agreed that the duties of Escrow Agent are only as herein specifically provided and purely
ministerial in nature. The foregoing shall not limit the liability of Escrow Agent as the title insurer under
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the terms of the Owner's Policy (such liability being in accordance with the terms of such policy). The
provisions hereof will constitute joint instructions to the Escrow Agent to consummate the transfer in
accordance with the terms and provisions hereof, provided, however, that the parties shall execute such
additional escrow instructions, not inconsistent with the provisions hereof, as may be deemed reasonably
necessary to carry out the intentions of the parties as expressed herein. The provisions of this Section will
survive the Closing or termination of this Agreement.
14. Notices. All notices or other written communications hereunder shall be deemed to have been
properly given (a)upon delivery, if delivered in person; (b) upon facsimile transmission, provided an
electronic confirmation thereof is issued; (c) one Business Day after having been deposited for overnight
delivery with any reputable overnight courier service; or (d)three Business Days after having been
deposited in any post office or mail depository regularly maintained by the U.S.Postal Service and sent by
registered or certified mail,postage prepaid, return receipt requested,addressed as follows:
If to Donor: Five Fifty LLC
Attn: Stanley Schultz
425 South Alpine Drive
Liberty Lake,WA 99019
Email address: srschultz425(thcomcast.net
If to City: City of Spokane Valley
Attn: Cary Driskell
10210 East Sprague Avenue
Spokane Valley,WA 99206
Email address: cdriskell(i)spokanevallev.org
If to Escrow Agent: WFG National Title Insurance Company of Eastern Washington
Attn: Paige Willingham
200 North Mullan Road,#124, Spokane Valley, WA 99206
15. Governine Law/Venue. The laws of the State of Washington govern the enforcement, and
interpretation of this Agreement. The venue for any action related to this Agreement shall be in Spokane
County,Washington.
16. Inteeration: Modification: Waiver. This Agreement, exhibits, and closing documents pursuant
to this Agreement constitute the complete and final expression of the agreement of the parties relating to
the Property. This Agreement cannot be modified, or any of the terms hereof waived, except by an
instrument in writing(referring specifically to this Agreement)executed by the parties.
17. Counterpart Execution. This Agreement may be executed in several counterparts,each of which
will be fully effective as an original and all of which together will constitute one and the same instrument.
18. Headines: Construction. The headings used throughout this Agreement have been inserted for
convenience of reference only and do not constitute matters to be construed in interpreting this Agreement.
Words of any gender used in this Agreement will be construed to include any other gender, and words in
the singular number will be construed to include the plural, and vice versa, unless the context requires
otherwise. The words "herein," "hereof," "hereunder," and other similar compounds of the word "here"
when used in this Agreement refer to the entire Agreement and not to any particular provision or section.
19. Time of the Essence. Time is of the essence in this Agreement and of the obligations of the parties
to transfer the Property, it being acknowledged and agreed by and between the parties that any delay in
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effecting a Closing pursuant to this Agreement may result in loss or damage to the party in full compliance
with its obligations hereunder.
20. Invalid Provisions. If any one or more of the provisions of this Agreement,or the applicability of
any such provision to a specific situation,is held invalid or unenforceable,such provision will be modified
to the minimum extent necessary to make it or its application valid and enforceable, and the validity and
enforceability of all other provisions of this Agreement and all other applications of any such provision will
not be affected thereby.
21. Binding Effect. This Agreement is binding upon and inures to the benefit of Donor and City, and
their respective successors and permitted assigns.
22. Further Acts. In addition to the acts recited in this Agreement to be performed by Donor and City,
Donor and City agree to perform or cause to be performed at the Closing or after the Closing any and all
such further acts as may be reasonably necessary to consummate the transactions contemplated in this
Agreement.
23. Sole Discretion. Where either party hereto is given the right to exercise its sole and absolute
discretion, neither the other party nor any court, arbitrator, third party, or board will have the right to
challenge said exercise,whether reasonable or unreasonable,on any grounds whatsoever.
This Agreement shall be effective upon the date of the last signatory.
DONOR CITY
FIVE FIFTY LLC CITY OF SPOKANE VALLEY
yKe�nneth J.Tupper,Cpp naging er 41 Mark Calhoun,City Manager
O k& •
V O /
Date signed Date signed
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EXHIBIT"A"
LEGAL DESCRIPTION
THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, THE SOUTHWEST
QUARTER OF THE NORTHEAST QUARTER AND THE SOUTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 35,TOWNSHIP 26 NORTH, RANGE 44 EAST,
W.M., IN SPOKANE COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION WITH THE WEST RIGHT OF WAY LINE OF PROGRESS ROAD AND
THE NORTHEASTERLY PROPERTY LINE OF LOT 1, BLOCK 16 OF SUMMERFIELD EAST THIRD ADDITION,
AS RECORDED IN BOOK 18 OF PLATS, PAGE 31, EXTENDED TO A POINT 30 FEET WEST OF THE
CENTERLINE OF PROGRESS ROAD; THENCE NO2°20'56"W, 626.85 FEET TO A POINT 100.00 FEET SOUTH
OF THE CENTERLINE OF BIGELOW GULCH ROAD CRP 2991, SAID POINT IS ON A CURVE CONCAVE TO
THE NORTHEAST WITH A RADIUS OF 1550.00 FEET AND A RADIAL BEARING, FROM THE RADIUS POINT,
OF S48°50'28"W; THENCE NORTHWESTERLY THROUGH A CENTRAL ANGLE OF 11°52'19",AN ARC
DISTANCE OF 321.17 FEET, PARALLEL WITH THE CENTERLINE OF SAID BIGELOW GULCH ROAD TO
ENGINEER'S STATION (ES)407+50.00;THENCE S 60°42'47"W, 10.00 FEET, ALONG A RADIAL LINE OF
SAID CURVE TO A POINT ON A CURVE CONCAVE TO THE NORTHEAST WITH A RADIUS OF 1560.00
FEET; THENCE NORTHWESTERLY, PARALLEL WITH THE CENTERLINE OF SAID BIGELOW GULCH ROAD,
THROUGH A CENTRAL ANGLE OF 2°05'36",AN ARC DISTANCE OF 57.00 FEET TO THE NORTHEASTERLY
LINE OF A 500 FOOT WIDE POWER TRANSMISSION EASEMENT, PER AUDITOR'S DOCUMENT NUMBER
572309A; THENCE N45°57'15"W, 914.12 FEET,ALONG SAID NORTH LINE; THENCE N6°26'07"E, 294.80
FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF PROGRESS ROAD; THENCE N77°58'34"W, 496.61
FEET,ALONG THE SOUTH RIGHT OF WAY LINE OF PROGRESS ROAD; THENCE S71°42'21"W, 48.04 FEET
TO A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 35, 33.90 FEET
SOUTHEASTERLY, MEASURED ALONG A RADIAL LINE OF THE CENTERLINE OF LINE"C", PER
CENTERLINE OF PROGRESS ROAD CRP 2991, NEAR ES-12+18.73; THENCE S2°57'31"E, 65.68 FEET
ALONG SAID WEST LINE; THENCE S87°00'30"W, 168.43 FEET ALONG THE NORTH LINE OF THE
SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID NORTHEAST QUARTER, TO THE EAST
RIGHT OF WAY LINE OF FORKER ROAD, SAID POINT IS A POINT ON A CURVE CONCAVE TO THE
NORTHWEST WITH A RADIUS OF 2894.77 FEET AND A RADIAL BEARING FROM THE RADIUS POINT OF
S43°44'06"E; THENCE SOUTHWESTERLY, THROUGH A CENTRAL ANGLE OF 4°45'19",AN ARC DISTANCE
OF 240.26 FEET ALONG SAID RIGHT OF WAY LINE TO THE INTERSECTION OF SAID RIGHT OF WAY LINE
WITH THE NORTHEASTERLY LINE OF PROPERTY PER DOCUMENT NO. 6851715 FOR THE
SUMMERFIELD EAST HOME OWNERS ASSOCIATION, SAID POINT IS ALSO 20.00 FEET, MEASURED AT
RIGHT ANGLES NORTHEAST OF THE SOUTH LINE OF THE 500 FOOT WIDE POWER TRANSMISSION
EASEMENT, PER AUDITOR'S DOCUMENT NUMBER 572309A; THENCE THE NEXT 10 COARSES AND
DISTANCES, ALONG SAID NORTHEASTERLY PROPERTY LINE;
S45°57'15"E, 809.90 FEET, PARALLEL WITH SAID POWER TRANSMISSION EASEMENT; THENCE
N84°56'18"E, 13.23 FEET; THENCE S45°57'15"E, 517.90 FEET, PARALLEL WITH SAID POWER
TRANSMISSION EASEMENT; THENCE S67°38'21"E, 108.72 FEET;THENCE N45°40'03"E, 13.87 FEET;
THENCE N87°1133"E, 154.51 FEET; THENCE S72°42'42"E, 37.95 FEET; THENCE S46°50'48"E, 47.54 FEET;
THENCE S12°35'46"E, 45.78 FEET; THENCE S44°49'30"W, 189.44 FEET; TO THE SOUTHWESTERLY LINE
OF SAID POWER TRANSMISSION EASEMENT; THENCE S45°57'15"E, 262.93 FEET, ALONG THE SOUTH
LINE OF SAID POWER TRANSMISSION EASEMENT TO NORTHWESTERLY CORNER OF SUMMERFIELD
EAST 7TH ADDITION, RECORDED IN BOOK 41 OF PLATS, PAGE 39; THENCE CONTINUING S45°57'15"E,
525.87 FEET, ALONG THE NORTHEASTERLY LINE OF SAID SUMMERFIELD EAST 7TH ADDITION AND
SUMMERFIELD EAST 3RD ADDITION TO THE POINT OF BEGINNING
SITUATE IN THE CITY OF SPOKANE VALLEY, COUNTY OF SPOKANE; STATE OF WASHINGTON.
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D 46.61• _. ,L ""1 2991, PER DOCUMENT
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2 N87'18'28'E Founded 1946 ES
FOR: FIVE FIFTY, LLC ® impson Engineers, Inc.
CIVIL ENGINEERS & LAND SURVEYORS
N. 909 ARGONNE ROAD, SPOKANE VALLEY WA., 99212-2789
PHONE (509) 926-1322 FAX (509) 926-1323