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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 -1- 4827-2861-1295.2 "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 -2- 4827-2861-1295.2 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. -3- 4827-2861-1295.2 (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. -4- 4827-2861-1295.2 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. -5- 4827-2861-1295.2 (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, -6- 4827-2861-1295.2 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 -7- 4827-2861-1295.2 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 -8- 4827-2861-1295.2 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 -9- 4827-2861-1295.2 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. ' \ -t 18 . INE "C \ • __ SE 1/4 OF NE 1/4 \ tO + ^� 0 • \ I N N M + t F`s, \ N rn AA 6+10 gp .6�s • • \�w w a N` ES PI 39 X N2jSg34 N p1 CENTERLINE BIGELOW `�s �I'�1�j W W 111 GULCH ROAD, CRP tP. D 46.61• _. ,L ""1 2991, PER DOCUMENT i �GF� V 586.�F 3 # 7053961 Q GO --�(0 rn \ 60' 14 55 i �:k. t I ,`1 N. N 9 ES 4O - c0 1 g65 CNI00, S� E 4°5 Go �yo tis. 04' /As� �s o ES a - — oo .. , _ ,-- v ,, ,, ,.00,,,,,„ .iii.� ��F�,<, 61 ,...";5>:�`�l0 9S�i '9,p�'1'`S>S�/ `��S �S NC gG/NE 1/4 OF SE 1/4 ti tI i t. cyay o�'s <oa� ' °9y I :1,752 S F ^ ay 1,52 G0 +ti / �� II Iftlibt41)00.1jWM 1&' #, •ROP h� /� Q� 0 250 300 4 SUMMERFIELD - \ _ ,�y �� _ - SCALE: 1"-500'r —� , TH ADD. EAST Fo sa I o� ` L/U,QT� 990\ QC, f o POINT OF\" ( BEGINNING \ U 4 ri 1: \ \ - - 1:�� •• W:. . i LOT 1, BLOCK 16 1 o ,ci,• a WAS 1�. ES PT 429+11' 5 .A, C.. #; SUMMERFIELD EAST t 4 ./... '' ,� ; 3RD ADDITION w I • I`� ''1 .3 0 ; SW 1/4 OF SE 1/4 � ' 34151 C> 'C� • ♦ y w *eh iP 3. 'Y� 2640.13 436+42. 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