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ZE-1-71 (2)'4. JUNE AGENDA • SPOKANE COUNTY COURT HOUSE SPOKANE COUNTY PLANNING COMMISSION TELEPHONE NO.: 456 -2274 Time: Place: ZONE CHANGE 1. ZE -1 -71, Agricultural Suburban to Multiple Family Suburban (Postponed from April 30th) a. Location: Section 18, Township 25 N., Range 44, E.W.M. The NE 1/4 of the SW 1/4 of the SE 1/4 of the NW 1/4; the W 1/2 of the SW 1/4 of the SE 1/4 of the NW 1/4; the N 1/2 of the South 20 rods of the East 8 rods of the SW 1/4 of the SE 1/4 of the NW 1/4. b. Applicant: Brent Homes West, Inc. East 14208 Sprague Avenue Spokane, Washington c. Site Size: Approximately 8 acres d. Existing Zoning: Agricultural Suburban, established December 29, 1959 e. Proposed Zoning: Multiple Family Suburban f. Proposed Use of Property: Apartment House g. Application of Zoning Provision: Chapter 4.21, Section 4.21.040 Y 4 a BROADWAY VALLEY v./ Friday, June 25, 1971, 9:00 A.M. Assembly Room, County Court House LL 1 A V E, AL AVE. wr c at r : I -: Inn, Z:.` -1 -7i and, BOARD OF COUNTY COMMISSIONERS OF SPOT.AP:E COUNT:, WASHINGTON, FINDINGS AND OLDER REGARDING ZONING MAP PROPOSAL, ZE -1 -71 - BRENT HOMES WEST, INC. WHEREAS, The Spokane.County Planning Commission did, after public hearing on June 25, 1971, forward to the Board of County Commissioners a recommendation that the Zoning'Map not be changed from the existing Agricultural Suburban Zone Classification to the Multiple Family Suburban Zone Classification on property described as follows: The-NE 1/4 of the SW 1/4 of the SE 1/4• of the• •N5i 1/4; the W1/2 of the SW 1/4 of the SE 1/4 of the NW 1/4; the N 1/2 of the South 20 rods of the East 8 rods of the SW 1/4 of the SE 1/4 of the NW 1/4; all in Section 18, Township 25 N., Range 44, E.W.M., Spokane County, Washington. WHEREAS, the applicant before the Planning Commission, J. Brent McKinley, - did by letter dated June 28, 1971, request a hearing before the Board of County Commissioners to present evidence and. testimony in favor of-their application, and, 1 4IEREAS, the Board of County Commissioners did hold a public hearing on August 12, 1971, to consider the recommendation of the Planning Commission and testimony and evidence of the applicant and other interested parties, and, WHEREAS, at said hearing, opportunity was afforded those favoring anal Lhose opposing the above - described Zoning Map proposal, and the Board of County Commissioners of Spokane County having fully considered the testimony . given, the records and minutes of the Planning Commission and all.other evidence presented and having personally acquainted themselves with the site . and vicinity in question, does hereby find: 1) That the property in question is on the edge of the residentially developed portion of the neighborhood (a school and a park property intervene to the West of the subject property). 2) That the site has, in our opinion, quite reasonable proximity to Sprague Avenue shopping facilities via Park Road, and, with programmed improvements, via Vista Avenue. j) That the site has good access to the Valley Freeway via Broadway Avenue, which is an ar terial developed to major arterial standards. 4) That the proposed development of sixty -five (65) dwelling units with one -story dwellings on the perimeter of the project is of a considerably lower density than the maximum allowed in the Multiple (' Family Suburban Zone. We also note-that the proposed plan provides considerable recreational open space. 5) .We'are of the opinion, considering the low density characteristics of the proposed project, that the development would not.be detri- mental to the properties in the vicinity, but would in fact.be generally beneficial in its effect upon surrounding properties. NOW; THEREFORE, The Board of County Commissioners of Spokane County .. does conclude that the - above - stated findings are sufficient and controlling, and does therefore; order that an appropriate'resolution to change the Zoning Map from the Agricultural Suburban to the Multiple n Suburban c]aSS.;f ;Egtion i f'or the subject property herein above described be prepared at such time as the below listed dedications have been made, and further, that such resolution.incorporate the street improvement requirements and additional conditions listed. below ; Conditions: 1) Dedications and Improvements • • A) Dedication and improvement of the West 5 feet of the advertised property along Ella Road. (Improvements shall include curb, sidewalk, paving to existing oil', and draihage control ;) B) Dedication and improvement of the North 5 feet of the advertised property along Cataldo Avenue. (Improvements shall include curb, sidewalk, paving to-existing oil, and. drainage control./ C) Dedication of a 20 -foot radius on the Southwest corner of the advertised property (Broadway and Ella). D) Dedication of a 20 -foot radius on the Northwest corner of the advertised property ( Cataldo - Ella). 2) Off-street Parking Development A) Off- street parking facilities and connecting roadways shall not occupy any area within 5 feet of an adjoining Agricultural or Residential Zone outside the apartment project area.. B) A screen forty -two (42) inches in height shall be provided along the periphery of any off - street parking facility or connecting roadways adjoining a residential or Agricultural 'Lone. Such: screen shall be constructed of ornamental masonry. The Director of Planning may approve a planted screen or ornamental fence in lieu of said ornamental masonry wall. B E) The design, location, and arrangement of parking stalls and driveways shall be in accordance with standard engineering practices; planting strips or landscaped traffic - islands may be required by g the Director M of Plannin for' p arking - lots whidh rr-more than= - 20 'parking stalls. 3) Landscaping All land areas not occupied by buildings, parking and circulation shall be landscaped, planted and maintained in appropriate turf and shrubbery. If the project is developed in stages, this requirement shall apply as each succeeding area is developed. 0 Apartment Density and Building Heights The property shall be developed in substantial confonnance with • the "approved plot plan" i.e. 1) the apartment project shall not contain more than 65 units on the advertised area, 2) structures on the perimeter of the 'project shall not exceed one story in height; 3) townhouse units toward the interior of the project shall not exceed two stories in height. Fire Protection Provisions shall be made for fire hydrants in accordance with the requirements of the Valley Fire Marshall. 5) C) Any portion of the project which is to be occupied or traveled by automobiles shall be maintained in hard surface paving. D) Parking areas•s'rall,be unlighted except that driveways, walkways, and landscaped traffic islands may be illuminated by low- intensity lighting on standards not exceeding ten (10) feet in height. DATED This ATTEST: ES': VERNON W. OHLAND Clerk of the Board Deputy is I 95/ ! BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON 1 , 1971 u . ilftliSlO 1-4 ZONE CHANGE ZE -1 -71 - AGRICULTURAL SUBURBAN TO MULTIPLE FAMILY SUBURBAN: BRENT HOMES WEST. INC. (Continued from April hearing) Planning Commission Recommendation: Deny. A. Reasons: 1. The advertised property does not conform to the locational criteria repeatedly suggested by the Commission for evaluating high density residential developments; namely: a) The site should be located on a major arterial (The advertised property fronts (without access) on Broadway Avenue, a secondary arterial) . b) The site should be located on the edge of a residential neighbor- hood rather than toward the interior of a designated neighborhood. (The advertised property is 1/4 mile from the edge of the neigh- borhood.) c) The site should have reasonable proximity to shopping and other community facilities. (The proposed apartment site is at least 1/2 mile from shopping facilities.) 2. The Comprehensive Plan indicates that the area is most appropriate for low density residential development. The surrounding area is predominately developed for single family residences, school and park use. Zoning the property to a high density residential classi- fication would, therefore, constitute a spot zone. 3. The Planning Commission is of the opinion that multiple family development of the advertised parcel would adversely affect surrounding residential properties and the school west of Ella Road by: a) increasing traffic congestion, and MINUTES June 25, 1971 b) changing the residential character of the neighborhood. 4. Approval of Multiple Family Suburban zoning for the site would stimulate further requests for Multiple Family Suburban zoning along Broadway Avenue which runs through the center of six residential neighborhoods between Park Road and Flora Road. - 1 - ( contd.) ZE -1 -71 - AGRICULTURAL SUBURBAN TO MULTIPLE FAMILY SUBURBAN (contd.) B. General Data: 1. Location: Section 18,Township 25N.,Range 44,E.W.M. The NE 1/4 of the SW 1/4 of the SE 1/4 of the NW 1/4; the W 1/2 of the SW 1/4 of the SE 1/4 of the NW 1/4; the N 1/2 of the South 20 rods of the East 8 rods of the SW 1/4 of the SE 1/4 of the NW 1/4. 2. Applicant: Brent Homes West, Inc. East 14208 Sprague Avenue Spokane, Washington 3. Site Size: Approximately 8 acres 4. Existing Zoning: Agricultural Suburban, established Dec. 29,1959 5. Proposed Zoning: Multiple Family Suburban 6. Proposed Use of Property: Apartment House 7. Application of Zoning Provision: Chapter 4.21, Section 4.21.040 -2- APRIL AGENDA SPOKANE COUNTY COURT HOUSE SPOKANE COUNTY PLANNJNG COMMISSION TELEPHONE NO.: 456 - 2274 Time: Place: ZONE CHANGE 2. ZE -1 -71, Agricultural Suburban to Multiple Family Suburban a. Location: Section 18, Township 25 N., Range 44, E.W.M. The NE 1/4 of the SW 1/4 of the SE 1/4 of the NW 1/4; the W 1/2 of the SW 1/4 of the SE 1/4 of the NW 1/4; the N 1/2 of the South 20 rods of the East 8 rods of the SW 1/4 of the SE 1/4 of the NW 1/4. b. Applicant: Brent Homes West, Inc. East 14208 Sprague Avenue Spokane, Washington Approximately 8 acres Existing Zoning: Agricultural Suburban, established December 29, 1959 Proposed Zoning: Multiple Family Suburban Proposed Use of Property: Apartment House Application of Zoning Provision: Chapter 4.21, Section 4.21.040 c. d . e. f. g. Site Size: ot 4 O VALLEY BROADWAY !_ ATAL DO v W �Y Friday, April 30, 1971, 9 :00 A.M. Assembly Room, County Courthouse U AL KI AvE. 2 AYE, ZONE CHANGE ZE -1 -71 - AGRICULTURAL SUBURBAN TO MULTIPLE FAMILY SUBURBAN: BRENT HOMES WEST. INC. Planning Commission Recommendation: Continue to a subsequent hearing for further review of a revised Development Plan. (The Commission has requested the applicant to•submit for review purposes a revised apartment development plan for the advertised property. Such plan shall show the following revisions: a) A significant (at least 1/3) reduction in the number of dwelling units for the project. b) Incorporation of one story structures on the perimeter of the project. c) Appropriate roadway dedications and improvements for Ella and Cataldo Roads) The staff is instructed to renbtify property owners originally notified of the date of the subsequent hearing when the revised plan has been submitted. A. General Data: 1. Location: Section 18,Township 25 N.,Range 44,E.W.M. The NE 1/4 of the SW 1/4 of the SE 1/4 of the NW 1/4; the W 1/2 "of, the SW 1/4 of the SE 1/4 of-the NW 1/4; the 1/2 of the South 20 rods of the East 8 rods of the SW 1/4 of the SE 1/4 of the NW 1/4. 2. Applicant: Brent Homes West, Inc. East 14208 Sprague Avenue Spokan'_ Washington 3. Site Size: Approximately 8 acres 4. Existing Zoning: Agricultural Suburban, established December 29, 1959 5. Proposed Zoning: Multiple Family Suburban 6. Proposed Use of Property: Apartment House 7. Application of Zoning Provision: Chapter 4.21, Section 4.21.040 - 2 - MINUTES April 30, 1971 FACTS AND ARGUMENTS SUPPORTONG THE CASE FOR REZONONG SROADVVAVandE0_O_A, NE In considering the following information supporting the case for rezoning, it is important to review the potential arguments against the rezoning.... POTENTOAL ARGUMENTS AGAONST REZ0NMINS 1. The subject property does not meet the criteria to justify changing the zoning to multiple - family suburban; i.e., adjacency to a major arterial, location in a buffer zone, limitations of site precluding other use, etc. 2. The proposed development would not be architecturally compatible with the surrounding neighborhood, and would harm property values. 3. The proposed development would create excessive traffic in the neighborhood. 4. The proposed development would introduce excessive numbers of children into neighborhood schools. 5. The proposed property is more suitably usable for single family residences. SUPPORTONG DATA ADJACENCY TO A MAJOR ARTERIAL 1r_ s! _ .!S___._33. X.� ^s;1jw-'._�v "a, t.".vy._,•'r.T a BRENT HOMES W E S T , IlNC. E. 14208 SPRAGUE o SPOKANE, WASHINGTON 99216 0 WA 4 -7611 We feel that Broadway, between the freeway and Argonne Road is serving as a major arterial. a. Last summer this portion of Broadway was widened to 44', with four travel lanes and two sidewalks. The 44' width is the maximum allowed for a secondary arterial and considerably exceeds the minimum for a major arterial. b. The traffic count between Park and Vista increased by 1344 cars per day during the four -month period May 1, 1970 to September 18, 1970 as indicated on the attached Spokane County engineer's office report. Since com- pletion of the widening to four lanes, the engineer's office thinks the count has increased, substantially. 2 c. Due to the site's proximity to the east Spokane industrial core, there are many trucks that use Broadway to Argonne and beyond. It is one of Ace Concrete's and Plywood Distributor's main distri- bution routes. Just these two companies run over thirty trucks back and forth many times a day. ` d. The fact that Broadway is a no -turn direct egress, from the freeway for eastbound traffic, means a large number of delivery trucks, as well as cars, channel past the site en route to Argonne and University. e. Broadway is the only East -West arterial other than Sprague with direct freeway access. With this dis- tinction and the recent widening to four lanes, there will be increasing numbers of cars and trucks flowing off the collector streets and using Broadway, past the site, for freeway access. f. Broadway is the only East -West street paralleling Sprague and Trent and located between them that runs continuously for such a long distance (from Freya to Flora). g. Broadway is the only East -West street along which the county engineers have seen fit to install exten- sive stretches of sidewalks. These sidewalks run almost continuously from the freeway to Sullivan Road and are obviously intended to provide child and pedestrian safety from the Broadway traffic. LOCATION IN A BUFFER ZONE a. The east Spokane industrial core, lying west of Park Road is the most densely industrial, commercial and mining area in Spokane County; outside of the core city of Spokane. b. It is our contention, that an industrial area of this size and density requires a larger buffer zone, es- pecially along or in the vicinity of its main central East -West arterial..Broadway. c. The proposed site would fall within a realistic buffer zone of 2,000 feet. When it is considered that there is industrial zoning only 900 feet south from the site on Ella, perhaps a 2,000 foot buffer is inadequate. d. The previous arguments suggesting that Broadway was in actuality a major arterial also suggest that a buffer zone should exist along Broadway. Such a buffer zone would include the site. ARCHITECTURAL COMPATIBILITY 3 LIMITATIONS OF SITE PRECLUDING OTHER USES There are no topographical limitations on the site nor are there geological limitations. However, there are certain size and cost data limitations. a. The main limitation on the site, for any form of resi- dential usage, is the site's limited size. b. Using the Health District's criteria, the site is too large to develop without an on -site sewage disposal system unless the number of lots is limited to an economically unfeasible number. Likewise, the site is too small to economically install an on -site sewage disposal system, unless the allowable density is in- creased; as through suburban zoning. The architect has utilized the site in such a manner as to make the proposed development compatible with the surrounding neighborhood, especially the immediately adjacent properties. a. Along the east side of the property, we are proposing "C" units. These one story units would be adjacent to the homes on the west side of Dorn Court. These property owners would have structures adjacent to them similar to single family residences. b. The "dogleg" at the southeast corner of the site will be used for the underground on -site sewage disposal system drainfield. This area, completely landscaped, will not inject any structures between the property owners immediately adjacent to the east and to the west. c. The two story "A" unit townhouses and "D" unit walk- ups will back up to Broadway, Ella and Cataldo, along which all the property owners supported our petition; and where they are separated by a street. d. All parking will be on the interior of the property. There will be a 35' landscaped, continuous belt around the perimeter of the site. NEIGHBORHOOD TRAFFIC EXCESSIVE NUMBERS OF CHILDREN Due to the site's location on Broadway and it's proximity to Argonne, Park and the freeway, there will not be any undue strain on the neighborhood streets. Area of site 369,750 sq. ft. divided by 10,000 sq. ft. per lot...37 lots...37'lots @ 2.3 children per household equals 85. 85 children less 257 under two equals 64. 4 e. The general architecture will employ variety in roof style, exterior siding finishes, handsplit roofing, and, in general, will compliment the neighborhood. f. The ownership of the project will, of course, be one entity with a singular responsibility for site main- tenance. The project will be sprinklered automatically and will, at all times, look green and inviting. The project's design would incorporate 16 three bedroom units, 62 two bedroom units and 19 one bedroom units. ' a. The one bedroom units would contribute no children to the neighborhood. b. The 62 two bedroom units would introduce approximately 51 children to the neighborhood, as follows: 1) 15 units...childless couples 2) 13 units...1 baby under two 3) 17 units...1 baby under two and 1 child two or over, for a net 17 4) 17 units...2 children over two, for a net of 34. c. The three bedroom units would introduce approximately 32 children to the neighborhood, as follows: 1) 8 units...1 child under two and 2 children over two, for a net of 16. 2) 4 units...2 children under two and 1 child over two, for a net of 4. 3) 4 units...3 children over two, for a net of 12. d. This total of 83 children_ introduced to the neighbor- hood would compare with a single family density of 64 children as follows: e. This relatively low number of children is largely due to the fact that we are proposing a density of 3,320 square ft. per unit; whereas the multiple - family suburban zoning will allow 2,000 square ft. per unit. Another factor is the number (19) of one bedroom units. SUITABILITY FOR SINGLE FAMILY RESIDENCES We do not believe the site area to be readily marketable for single family residences. a. There has been no builder program in the immediate area for the last several years. b. The new home home buyer, investing in his largest life- time investment, desires a location well outside of the growing industrial and commercial areas. This site, is within viewing distance of many industrial plants. c. The new home -buyer does not want to make a permanent investment along a street which is, in fact, a major arterial promising to become an even busier one. d. The noise, number of children, and traffic associated with a large school across the street, are not condu- cive to the marketability of new single family housing. e. The site does not offer enough space to provide single family residences with the inner neighborhood ammenities that multiple - family suburban zoning density and design make possible. SUM9VIARV We will be happy to assume, with the joint responsibility to the neighborhood, community, for good site planning and use design, adequate screening, complimentary density and a healthy environment. planning commission, a the tenants, and to the , attractive elevation landscaping, appropriate We will incorporate into our plans the suggestions of the commission as to how these responsibilities might be accomplished. BRENT HOMES WEST, INC. 5 Time: Place: RUNE AGENDA SPOKANE COUNTY PLANNING COMMISSION ZONE CHANGE 1. ZE -1 -71, Agricultural Suburban to Multiple Family Suburban (Postponed from April 30th) a. Location: Section 18, Township 25 N., Range 44, E.W.M. The NE 1/4 of the SW 1/4 of the SE 1/4 of the NW 1 /4;-the W 1/2 of the SW 1/4 of the SE 1/4 of the NW 1/4; the N 1/2 of the South 20 rods of the East 8 rods of the SW 1/4 of the - SE 1/4 of the NW 1/4. b. Applicant: Brent Homes West, Inc. East 14208 Sprague Avenue Spokane, Washington c. Site Size: Approximately 8 acres d. Existing Zoning: Agricultural Suburban, established December 29, 1959 e. Proposed Zoning: Multiple Family Suburban f. Proposed Use of Property: Apartment House g. Application of Zoning Provision: Chapter 4.21, Section 4.21.040 Friday, June 25, 1971, 9:00 A.M. Assembly Room, County Court House 1 4 -1t SPOKANE COUNTY COURT HOUSE TELEPHONE NO.: 456 -2274 E C) u rrr • 5e at r:l" -' Inc„ ll ZONE CHANGE Planning Commission Recommendation: Deny. A. Reasons: a) increasing traffic congestion, and MINUTES June 25, 1971 ZE -1 -71 - AGRICULTURAL SUBURBAN TO MULTIPLE FA_MIL.Y SUBURBAN: BRENT HOMES WEST. INC. uy (Continued from April hearing) 1. The advertised property does not conform to the locational criteria repeatedly suggested by the Commission for evaluating high density residential developments; namely: a) The site should be located on a major arterial (The advertised - property fronts (without access) on Broadway Avenue, a secondary arterial) . b) The site should be located on the edge of a residential neighbor- hood rather than toward the interior of a designated neighborhood. (The advertised property is 1/4 mile from the edge of the neigh- borhood.) c) The site should have reasonable proximity to shopping and other community facilities. (The proposed apartment site is at least 1/2 mile from shopping facilities.) 2. The Comprehensive Plan indicates that the area is most appropriate for low density residential development. The surrounding area is predominately developed for single family residences, school and park use. Zoning the property to a high density residential classi- fication would, therefore, constitute a spot zone. 3: The Planning Commission is of the opinion that multiple family development of the advertised parcel would adversely affect surrounding residential properties and the school west of Ella Road by: b) changing the residential character of the neighborhood. 4. Approval of Multiple Family Suburban zoning for the site would stimulate further requests for Multiple Family Suburban zoning along Broadway Avenue which runs through the center of six residential neighborhoods between Park Road and Flora Road. 1 (contd.) ZE -1 -71 - AGRICULTURAL SUBURBAN TO MULTIPLE FAMILY SUBURBAN (contd.) B. General Data: 1. Location: 2. Applicant: 3. Site Size: 4. Existing Zoning: 5. Proposed Zoning: 6. Proposed Use of Section 18,Township 25N.,Range 44,E.W.M. The NE 1/4 of the SW 1/4 of the SE 1/4 of the NW 1/4; the W 1/2 of the SW 1/4 of the SE 1/4 of the NW 1/4; the N 1/2 of the South 20 rods of the East 8 rods of the SW 1/4 of the SE 1/4 of the NW 1/4. Brent Homes West, Inc. East 14208 Sprague Avenue Spokane, Washington Approximately 8 acres Agricultural Suburban, established Dec. 29,1959 Multiple Family Suburban Property: Apartment House 7. Application of Zoning Provision: Chapter 4.21, Section 4.21.040 2 Inter- office Communication //// / / /Ay . From f % {i e Subject ; :17 / ✓/tee/' /G.7O(J `Tie D /: Tr OFFICE OF COUNTY ENGINEER : SPOKANE COUNTY, WASHINGTON - • Data �y 197/ �2, (:% 7?/' /z "iG /i 77t) /V S Chi Gyf3 J� �' ! •��'�c'/Us� 17 - 7 : i('YV t ze. iii-- -- C;iedz-.Z, y r� ° - ''GCI, - � 7 --> il. 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Of ?,AY TTh:D snd 7412300055 _ Y THE 4.TTEI of the Cataldo Avenue KNOW ALL MEN BY THESE PRESENTS, That Mt A M. 215 DACE - , N 2288 p. , his wife, or the County of Spokane,. in the State or Washington, in consideration of the benefits and'other valuablelcbnsiderations, and.: C21(. pita 1:To/100 : - Dollars, paid them - by the County of Spokane,. .•• .c1:;: receipt 'Thereof is hereby acknowledged, have granted, bargained, sold and conveyed;: and by _ presents do grant, bargain, sell and convey unto said Spokane County, the following described parcel , . :.' land, situated in Spokane County, in the State of Washington, to-wit: , ',.:..- ?pat uir cidn-CL=d4larPilel fla.-.....- - lint..0r-qPill .0P .... -.no . r. . - pa pr-scrimmirtd-rhtrTmerperry-ci-the-1.7rmntri--Ylep-within-emed- • . . . • . • .• .. : • Cr • 'of G....rttr-erritprer-rererenti-fterentr Parcel 1: The South 5.00 feet o cit.A,NOnth:T&Ob 'feet of the Northeast Quarter of the Southwest Quarter of the South- ! the Northwest Quarter of Section 10. Township 25 North, Range 44 E.W.M. - J and nfl1110. H Parcel 2: The South 5.00 feet of the North 30..00 feet and the East 5.00 feet of the ■; West JOOCO feet of the West Half of the Southwest Quarter of the Southeast Quarter of •. the Northwest Quarter of Section 18. Townshi 25 North, Range 44 E.W.M. and including nat r"lition lying Northiesterlv of an arc concave to the Southeast with a radius of ▪ 20,0 feet at the Northwest corner t110,reof; the elljoDLmid Arc beinz tangent with line parallel to-and..1.00 feet Soutitof the center line of Nateldo Avenue and also ■: lacing tangent mitha"iireMaraliel to and 36.00 feet:East of the center'lihe-ofEllai H Road and. also including that mortioh lving SouthwethterlY ofian arc- concave the • •• • Northeast with a radius of 20.00 feet at the Southwest corner thereof; the ends of h s.aia arc being tangent with a line-parallel ta- and 30.00 feet the center line of Ella Road and-also_being tangent with a line. - parallel/to and 27.50-feet-North of- . thr geflt.er lirs:! of Braa41.4ay_Avpmzes n . . • /1.21. li or Section 18 , Township 2 5 North, Rlngo - • . , E Cr M. I! TO HAVE AND TO Hey the same, unto the said Spokane County for ,the purposes of a public road forever. In witness whereof -- n have hereunto set ()lib hand_ and seal s this 9 7 - - day or Dace 71. • • 3 , RSE.U.) (sEAL) , 1 XIII: II: married, nest be signed by both husband and wife.) 11 Fon, 6553 CHARLES S. DORN DENNIS W. REYNOLDS LARRY D. GUSTAFSON December 24, 1974 Spokane County Engineer's Office N. 811 Jefferson Spokane, Washington Attention: Jack Finney Thank you. Sincerely, DORN, REYNOLDS & GUST?y -FSON fte?^-i By: Larry D. Gustafson ( {9- LDG /T /m Enclosures LAW OFFICES OF DORN. REYNOLDS & GUSTAFSON SUITE 1315 WASHINGTON MUTUAL BANK BUILDING SPOKANE, WASHINGTON 99201 Please review the enclosed legal and confirm whether or not it is the proper legal after conveyance of the roads to the County. TELEPHONE (509) 455.96138 rauNTY £Nf31YEEfi!� jfi :41+�p DEC 2C 1974 :- 34 76 commonly known as 7.4 acres, site zone multi - family suburban at Broadway. Cataldo and Ella, Spokane County, Washington, and legally described as: -- PARCEL A: The North 1/2 of the South 20 rods of the East 8 rods of the Southwest 1/4 of the Southeast 1/4 of the Northwest 1/4 of Section 18, Township 25 N, Range 44 E.W.M.; and 'PARCEL B: The Northeast 1/4 of the Southwest 1/4 of the Southeast 1/4 of the Northwest 1/4 of Section 18, Township 25 N, Range 44 E . W .M . ; and PARCEL C: The West 1/2 of the Southwest 1/4 of the Southeast 1/4 of the Northwest 1/4 of Section 18, Township 25 N, Range 44 E.W.M. , in Spokane County, Washington, EXCEPT the North 25 feet of Parcels B and C for Cataldo Avenue, EXCEPT the West 25 feet of Parcel C for Ella Street and EXCEPT the South 27 1/2 feet of Parcel C for Broadway Avenue, ALSO EXCEPTING from Parcel C the following described property: Lying Southwest of an arc concave to the Northeast with a radius of 20 feet at the Southwest corner thereof, the ends of said arc being tangent with a line parallel to and 27feet Northerly from the center line of Broadway Avenue and being tangent with a line parallel to and 25 feet Easterly of the center line of Ella Road in the Northwest 1/4. Exhibit B , continued on Exhibit C ADDENDUM TO THAT EARNEST MONEY RECEIPT AND AGREEMENT, DATED December 18 , 197 , BETWEEN ;9eniamin H. Fairchild and Sandra Fairchild. husband and wife KNOWN AS THE SELLER; AND Richard Q. i :accarato and Donna J. i'accarato. husband and wife. and /or assigns HEREINAFTER KNOWN AS THE PURCHASER, FOR PROPERTY COMMONLY KNOWN AS AS: See Exhibit A SAID AGREEMENT IS 'HEREBY AMENDED TO READ AS FOLLOWS: property which purchaser does not see fit to secure a first mortgage against. Purchaser may secure first mortgage financing for the purpose of constructing residential living units, against any or all of the property. If purchaser does so, seller agrees to subordinate his interest in Fairchild Mortgage to said first mortgage or mortgages. The intent of this paragraph is to provide the Fairchild Mortgage a first lien poisition against all the property which is not encumbered by construction or permanent residential mortgage financing; and a second lien position against all the property which is encumbered by construction or permanent first mortgage financing. - In the event the Fairchild Mortgage in whole or in part becomes junior to a first mortgage as provided herein and should purchaser not abide by the terms of Fairchild Mortgage, seller herein reserves the right to accept a -, full satisfaction of Fairchild Mortgage and in lieu of payment of Fairchild mortgage the purchaser's full and complete equity position in a 20 -unit apartment project legally described as: Ij[ (C �t v�v� a,._ and against which purchaser owes approximately $ J 1 Ct - . Purchaser hereby agrees not ALL OTHER TERMS AND CONDITIONS OF SAID EARNEST MONEY RECEIPT AND AGREEMENT SHALL REMAIN THE SAME. THE ABOVE HAS BEEN READ AND IS AGREED TO BY THE UNDERSIGNED, THIS , j I ' DAY OF ))c -t'.. , 19 DAY OF 'PURCHASER SELLER PURCHASER WIFE (AND/OR ASSIGNS) A D D E N D U M HEREINAFTER COUNTY OF , WASHINGTON, AND LEGALLY DESCRIBED SELLER WIFE (AND /OR ASSIGNS) ,19 - - -- I - --- -- ' -- - - - - --- -- -'- - I - .- .4 - + - ( ZE %- 7-/- - : �- �d5 -� : -e 2- - . -� • . a- --- ' ; g-fla- r -4 ' ▪ -. + -r -t I , , -, �- I _9 .G,. ; s % -;- - x.2.. = / �' / 99+ e ' 1 a- ea 4 17r-�' -- " I ee C/ • • .sy� -moo 4- - - { r -T-- -+- r -+ r � I I — - 7 - - -- -- - -- -i ,G 3i I � i alp c er' -4 ,--- � — � ) - ® 7'4 -L .—} ic y ..+_ _ I i 4 ,9 : 3i0";4 7 - iPaTe t --r 4 -- I I t f '- --- — - , --- -- --r A-- i - -1 -' - - I k t -- I fi -_ 1 I 1 1 T I - I 1 -t - r 1- ,-- t- � ' -7-- -r - ` - ±-- -1' -'�- I ; l -,_ 1 , -_ .- - - - --- - 1 - - -- -1- .- - - - - - I I • or , } - ' --L - t - • - - I t -1- 407: STA.# 1 NDR.IH. LEG 1 1 T H 4075 3714 PARK_RD. 1-YR. URBAN 05/01/70 (,51707) 5,535 ' 03/01/71_11.5,8961__5 + 5 YRS (17,1731 6,958 + 15 YRS (10,617) 10,299 + 20 YRS___(12,917_)_12,530_ 4076 5130 VISTA RD _ .27!YR. __URBAN 09/18/70 ( , 452) " • 03/18/71 ( 460) + '5 YRS ( '59) + 15 YRS ( 827) + 20 YRS ( 1,006) 4077. 0037 ARGONNE Rp 5012 UNIVERSITY RC 1-YR. (2.3A SPOKANE COUNTY ENGINEER'S OFFICE TRAFFIC- DEPARTMENT • A.C.T. & *A.A.C.T. MASTER INDEX .03/31_01 L E G 1 1 _3714 .PARK RD • 1-YR. URBAN 05/01/70 ( 5,147) 4,992 03/01/71 + 5 YRS (6,470) 6,275 + 15 YRS ( 9,577) 9,288 -+ 20 YRS (11 651) 11 300 _ _ _ _ , • 7 5130 VISTA RD 2-YR._ .URBAN _ . 433 09/18/70 1 420)( 403 !" 442 03/18/71 ( 428)i ! 411 ' _____537_ + 5 YRS_J_ 1_520)1. 500 794 + 15 YRS ( 769), 740 . 966 + 20 YRS ( ' 935) • 900 • 0037 ARGONNE RD • ! 1-YR. URBAN ___1_:_05/01/70_( 7,3011_7,081 • 03/01/71 (.7,543), 7,317 + 5 YRS ( 9,177) 8,902 + 15 YRS__113,584/13.,177 + 20 YRS (16,526) 16,031 1-YR. URBAN 05/01/70_(_8,9121 ! 03/01/71 ( 9,208) . 8,931 + 5 YRS (11,202) 10,865 ! +20 YRS (20,173) .19,566 _4078 ___1794_HERALD RD. 2-YR. URBAN 09/18/70 470) 451 03/18/71 („ -434) '-- +_ 5 YRS ( 582) . 559 + 5 YRS ( 528) 15 YRS ( 861) 827 + 15 YRS ( 781) + 20 YRS ( 1,047) 1,CO5 + 20 YRS ( 950) 1794 HERALD RD, 2-YR. URBAN 5C12 LNIVE%SiTY RC 0324 eRCACWAY AV EASI LEL 1 1 W F L EG 1 _0324 BROADWAY AV 1-YR. URBAN (05/01/70 f 5 5,382 03/01/71 f 5,733)__ 5,561 _ + 5 YRS ( 6,975) 6,765 + 15 YRS (10,324) 10,013 + 20 YRS (12,560) 12,182 -0324 BROADWAY AV • - - • 5 1-YR. URBAN _____•.05/01/70 (_51527)1_5,361 -03/01/71 1 5,710) 5,539 + 5 YRS ( 6,947) 6,739, + 15 YRS (10,283)- 9,975 +.20 YRS (12,510) 12,136 0324 BROADWAY AV - 2-YR.' URBAN 1 09/18/70 1 426). 408 09/18/70 1 5,600) 5,376 417_ . _03/18/71 1 5,710) .5,482 507 +' 5 YRS ( 6,947) 6,669 750 + 15 YRS (10,283) 9,871. 912 + 20 YRS (12,510) 12,009 PAGE 049 . • •0324 BROADWAYAV 1-YR. URBAN 05/01/70 ( 6,417) 6,224 + 5 YRS ( 8,066) 7,824 + 15 YRS (11,939) 11,581 + 20 YRS_(14,525)__141.090 0324 BROADWAY AV ! 0324 BROADWAY AV _2-AR. URBAN. ! R. URB 09/18/70 ( 6,88 -. 8)< 6,612( rgI AN 18/70 ( 6,893 . ... 03/18/71 ( 7,024) 6,743H - • 03/18/71 ( 7,029) 6,748 + ..5. YRS_•_( 8,545) _8,203 __L::_±__.5_YRS ..(_ .8,551 ) 8,209 _ + 15 YRS (12,648) 12,142 _ + 15 YRS (12,657) 12,151 . + 20 YRS (15,388) 14,772. + 20 YRS (15,399) 14,783 _0324 BROADWAY AV , 1-YR. URBAN 05/01/70_ (4,825) 03/01/71 4,985) 4,835 + 5 YRS ( 6,065) 5, + .15 YRS ( 8,977) _8,706 + 20 YRS (10,921) 10,592 0324 BROADWAY AV 2-YR. URBAN 09/18/70 1 5,637) 5,411 03/18/71 ( 5,748) _5,518_ . + 5 YRS ( 6,993) 6,713 + 15 YRS (10,351) 9,936 . + 20 YRS (12,593) 12,068 0324 ERCACWAY AV