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R otiso Mmes (mEw) i t; T /9 /... /Ilea A /0 43 AL 4C o wt-ED 6e meturs_ 5 V--- SiettieD By Eic unee, resSioeu CI 6 - Sinceggly, SPOKANE COUNTY COURTHOUSE November 7, 1985 Mr. Joseph G. Ward Coldwell Banker Feldman Person, Realtors North 2206 Pines Road Spokane, WA 99206 At STEVE P. HOROBIOWSKI Zoning Administrator PLANNING DEPARTMENT BROADWAY CENTRE BUILDING ' N. 721 JEFFERSON STREET PHONE 4 56-2205 SPOKANE, WASHINGTON 99260 Dear Mr. Ward: This letter is a follow -up to our conversation on November 6, 1985, regarding a parcel of ground zoned Multiple Family Suburban by File No. ZE- 116 -78. During our conversation, you asked the following question: "Would 48 multiple family units still be allowed on the subject property, should you sell approximately 7,836 square feet to an adjoining property owner?" In response, I use the following facts: - That the advertised property for the zone change indicated the subject site would be 96,000 square feet. - That.the zone change approved 48 units at a density ratio of one unit per 2,000 square feet, which is the maximum allowed in the zone. - You indicate that a survey has been composed for the subject property, calculating a gross area of aleof96,768 0 are feet, feet, resulting , whichwould coincide remaining gross for public hearing on September'22, 1978. In light of the above facts, the Planning Department would allow 48 multiple family units to be constructed'on the site. The County Engineering Department through conditions attached to the zone change has re- quired 25 feet of dedication for the extension of Robie,a distance measuring 375 feet of your property as well as 3 feet of additional dedication for Cataldo measuring 327 feet. It has been the,past practice of the Planning Department to calculate density ratios on the gross properly area prior to any dedications. This practice will be continued in the density calculations on your project and 48 units would be allowed on the gross area of 96,768 square feet. I trust this letter adequately summarizes our discussions of November 6th. Should you have any questions, please contact me. I C •..e .7/4" Pipe 1 TRAC1 74 I ! F.ARK I .5. 1 roc/me /"Ptpe 1 CATALOG AVENUE I + y fe...d Soot Acne. rand Y " Pre O _ -{ 411 - - BROA 0 WAY- - - - - I v N 89 TRA CT 0 r - - -- 1 O 1 w 21 w PROPERTY DESCRIPTION The N . W. 6stte E fe2 or the E re err •81/eX 7S or Opperter.t e.ce t then wr,tt E 2 02 392 .Glad 5 / reef, teyc of seat Tract 7S, e�.rgf /2 . Nro Except Cavdy mooed. • N rand 3,4- pipe 6 dos." Accepted as NE corner eY 7S Kaunas' Vs' raver 1 1 1 1 TR h 76 0 - o 4 ~ fit 9 y 1 i Scale 1"4.100 • • • Set 4' "ee6sr Piwt.t Cap tit 706 L �'' r ^d • LV 'pen of .JC cane . wen J cone. peeler (Tire corn .e corner el :wro / e�'ur.t) Fern' Solt •� p � N aS •J6' /8 - E O f ,'de.+r 1 $ - Coen! [Iran P6., E Ya Coe. Sae_ ie • t': h^ynfnn1 I: 2 a,PH'19 i :a /6 - 2- L '(/Fta:4-w SW Vl� L tZ sy 1121/4 •TO: Z, A E. • OFPICE OF COUNTY ENGINEERS DEPARTMENT Spokane, Wash. Date: FROM: • ( h/& L,s o N SUBJECT: Standard Drainage Language for the Dedication on Floors, including basement floors, shall not be constructed datum, within Lots , , , 6 Block _ Block _ of this plat as required by the "National Flood 5.- An approved lot grading plan exists for Lots _ , • , 6 Block _ Grading must conform to said plan on Engineer's Office. , 19(, TeAnitt4Y 441F• Coolec 1. The owners of Lote , , , d , of Block and Lots , , d of Block shall be held responsible for keeping open and maintaining the path of the natural or manmade drainage flow over and across the property. 2. The property owner or his representative shall inform each suceeding purchaser of all drainage easements on the property and his reeponeibility for maintaining drainage facilities within said easements. 3. Spokane County does not accept the responsibility of maintaining the drainage course on private lots within drainage easements or flood plain areas nor the responsibility for any drainage, whatsoever, including but not limited to inverse condemnation to any properties due to deficient construction and /or maintenance of drainage courses in drainage easements on private property. below elevation , and Lots • Insurance Program". _ Block and Lots file in the County 6. Spokane County shall not be responsible to maintain ingress or egress across the flood plain area. 7. The'owner(s) or successor(s) in interest agree to join in any County approved Storm - water Management Program and to pay such rates and charges as may be fixed through public hearings for service or benefit obtained by the planning, design, con- structing, maintaining, or operation of stormwater control facilities. 0 s o the Co" ono Are") ft .1Je rainage eaeemenjl,' n `--_' '^" "- -- for the purpose of installing, operas1l and maintaining drainage swales and drainage facilities to dispose of runoff ate' hereby granted -P+m Cbanty The property owner shall maintain the drainage ewales with a permanent live cover of lawn turf, with optional shrubbery and /or trees, which do not obstruct the flow and percolation of storm drainage water in the drainage swale. • - * * * * * * *. * * * * * . *. * * * * * * * . * * FACSIMILE TRANSMISSION * * * * * * * * * * * * * * * * * * * * * ** SPOKANE COUNTY DEPARTMENT OF PUBLIC WORKS OFFICE OF THE COUNTY ENGINEER N. 811 JEFFERSON ST. SPOKANE, WA 99260 -0180 FAX (509) 456 -4715 TEL (509) 456 -3600 DATE: q_, --q 0 TIME: 7, V 0 TO: DREW 8 ©D Kr 1 DEPARTMENT: FAX TELEPHONE: 4S 6 - 5 1/4 VOICE TELEPHONE: FROM: lT(1,RY \ )r, LSc i f DEPARTMENT: L A ND D)(lFCO /�XN T COMMENTS: 477 R J 1.5 fl4 AG pip-Air WA 1)).s7 tlsSr n J./ ST vAii K . ft_ ASE 7P / b• vv, \,/ /LL SENO 4 (a,PY `70 siziPs ell .S F_W Er /rl 5gS , PAGE _ OF _ • BEFORE THE BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY,WASHINGTON RESOLUTION NO. IN THE MATTER 0 A SWALE, LANDSCAPED MEDIAN, ) SPRINKLER SYSTEM, AND STREET LIGHT AGREEMENT WITH ) INDIANA AVE ROAD FILE NO. RESOLUTION WHEREAS, The development plan of the Sullivan Park Center being portions of Sections, 11, 13, and 14, Township 25 N., Range 44 E.W.M. required the installation of drainage swales for disposal of storm water runoff, landscaped median, sprinkler system, and street lights, and this work was done by the developer; and WHEREAS, It is prudent that an agreement be made between the owners of this property and Spokane County as to the operation and maintenance of swales, landscaped median, sprinkler system, and street lights; and WHEREAS, The County Engineer recommends the approval of a "Swale, landscaped median, sprinkler system, and street lights agreement" between Spokane County and R.A. Hanson Company. THEREFORE, BE IT RESOLVED By the Board of County Commissioners of Spokane County, Washington, that the "Swale, landscaped median, sprinkler system, and street lights agreement" between R. A. Hanson Company is hereby approved and the Chairman of the Board authorized to execute same by on behalf of Spokane County. PASSED AND ADOPTED By the Board of County Commissioners of Spokane County, Washington, this day of , 19 . ATTEST: WILLIAM E. DONAHUE CLERK OF THE BOARD BY DEPUTY BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON SWALE LANDSCAPE MEDIAN, SPRINKLER SYSTEM, AND STREET LIGHT AGREEMENT THIS AGREEMENT made this day of , 19 , by and between R.A. Hanson Company, a Washington corporation, hereinafter referred to as the "GRANTEE,' and SPOKANE COUNTY, a political subdivision of the State of Washington, hereinafter referred to as the "COUNTY," jointly referred to as the "PARTIES." WHEREAS, The GRANTEE is the owner of a certain tract of land, known as Sullivan Park Center, being portions of Section 11, 13, and 14, Township 25 North, Range 44 E.W.M.; and WHEREAS, The COUNTY has required drainage swales to be constructed on the right -of -way for Indiana Avenue adjacent to and adjoining the GRANTEE'S property in order to handle drainage flow and dispose of run off; and WHEREAS, the COUNTY has required landscaped median including plantings / and a sprinkler system to be installed in the traffic islands on Indiana Ave; and WHEREAS, the COUNTY has required street lights to be constructed within the right of way of Indiana Avenue adjacent to and adjoining the GRANTEE'S property; and WHEREAS, the GRANTEE agrees to assume responsibility of operation and maintenance of the drainage swales, landscaped median, sprinkler system, and the street lights on the terms and conditions hereinafter set forth; NOW, THEREFORE, in consideration of the premises and the mutual promises, and convenants hereafter set forth, the PARTIES agree as follows: I. CONSTRUCTION It is the understanding of the PARTIES that the construction of the drainage swales, landscaped median, sprinkler system, and street lights shall be the responsibility of the Developer, R.A. Hanson. II. PERMISSION TO PERFORM WORK IN COUNTY ROAD RIGHT OF WAY The COUNTY hereby grants the GRANTEE permission to work on the right -of -way of Indiana Avenue adjacent to Sullivan Park Center for the purposes of operation and maintenance and of the drainage swales, landscaped median, sprinkler systems, and strlt lights. , e In consideation of the granting of permission to operate and maintain drainaqge swales, landscaped median, sprinkler system, and street lights as set forth herin, the GRANTEE agrees to idemnify and hold harmless the COUNTY and all its officers, agents, employees or otherwise, from any and all liability, loss or damage that they may suffer as a result of claims, demands, actions, damages or injuries of every kind of nature whatsoever by or to any and all persons or property or judgments against them which result from, arise out of, or in any way connected with the obligation of the GRANTEE under the terms of this agreement to construct, operate and maintain the drainage swales, landscaped median, sprinkler system, and street lights. III. OPERATION AND MAINTENANCE The GRANTEE, heirs, successors, and assigns shall be responsible for the operation and maintenance of the drainage swales, landscaped median systems, and street lights. The GRANTEE shall maintain the drainage swales with a permanent, live cover of lawn turf and optional shrubbery and /or trees which do not obstruct the flow and percolation of storm drainage water in the drainage Swale as indicated by the grade of adjacent streets. Maintenance work to be performed shall include but not be limited to fertilization, pruning, moving and maintenance and operation of the sprinkler systems and street ..lights The GRANTEE, heirs, successors, and assigns shall pay all operation and maintenance costs. j IV. WARRANTY The PARTIES understand that the landscaping, sprinkler systems, and street lights will be guaranteed by the installing contractor for a period of 12 (twelve) months from the date of acceptance by the COUNTY wherein the installing contractor will correct any defects without obligation to the PARTIES. Acceptance as used herein is defined as the date' of establishment of the road by the Board of County Commissioners. THIS; Ageement shall inure to the benefit of and shall be binding on the legal representatives, successors and assigns of the PARTIES. IN WITNESS WHEREOF, the PARTIES heredto have executed this Agreement the day and . year first above written. ATTEST: WILLIAM E. DONAHUE Clerk of the Board By: Deputy Clerk APPROVED AS TO FORM By: Chief Civil Deputy k\g\f\swale.agr -2- R.A. HANSON COMPANY A Washington corporation By: Title: SPOKANE COUNTY BY: Chairman, Board of County Commissioners Of Spokane County, Washinton STATE OF WASHINGTON ) ) ss COUNTY OF SPOKANE ) On this day of , A.D., 19 _, before me, the undersigned, a Notary Public in and for the State of Washington duly commissioned and sworn, nersonally appeared to me known to me the of the corporation that executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is suthorized to execute the said instrument. � Witness: my hand and official seal hereto affixed the day and year first above written. Notary Public In and for the State of Washington S53828022., RECEn SEp 4 1985 DECLARATION C ggaj r 4egn4$ OF COVENANTS, CONDITIONS, AND RESTRICTIONS of BROADWAY PROFESSIONAL CENTER P.U.D. THIS DECLARATION, made on the date hereinafter set forth by BROADWAY ASSOCIATES, a Washington General Partnership consisting of Layne D. and Lynda R. Hinckley, husband and wife; Michael and Lynn K. Trantow, husband and wife; Robert G. and Michele C. Wendel, husband and wife; Richard G. and Lynda M. Brautigam, husband and wife; Bruce E. and Nancy J. Albertus, husband and wife; and Michael W. and Clare Silvey, husband and wife, as partners, hereinafter referred to as "Declarant ". WITNESSETH: WHEREAS, Declarant is the owner of certain property in Spokane, County of Spokane, State of Washington, which is more particularly described in Schedule "A" attached hereto and by this reference made a part hereof as fully as though set forth herein; and WHEREAS, the Declarant desires to develop the property as a planned unit development. NOW THEREFORE, Declarant hereby declares that all the properties described above shall be held, sold, and conveyed subject to the following easements, restrictions, covenants and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors, and assigns, and shall inure to the benefit of each owner thereof. ARTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to BROADWAY PROFESSIONAL CENTER OWNERS ASSOCIATION, its successors and assigns. Section 2. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 3. "Architectural Review Committee" shall mean the committee appointed pursuant to the provisions of ARTICLE VII. Section 4. "Properties" shall mean and refer to that certain real property hereinbefore described, and such additions thereto as may hereafter be brought within the jurisdiction of the Association. Section 5. "Common Area" shall mean all real property (including the improvements thereto) owned by the Association for the common use and enjoyment of the owners. The Common Area to be owned by the Association at the time of the conveyance of the first lot is described in Schedule "B" attached hereto and by this reference made a part hereof as fully as though set forth herein. Section 6. "Office Structure" shall mean and refer to all office buildings situated upon the Properties with the exception of the Common Area. Section 7. "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties with the exception of any Common Areas. Section 8. "Declarant" shall mean and refer to BROADWAY ASSOCIATES, a Washington General Partnership, its successors and assigns if such successors or assigns should acquire more than one lot from the Declarant for the purpose of development. ARTICLE II - SUBJECTION OF PROPERTY TO THE PROVISIONS OF THIS DECLARATION - The Property is hereby subjected to the covenants, conditions, restrictions and other provisions of this Declaration. ARTICLE III PROPERTY RIGHTS Section 1. Owners' Easements of Enjoyment. Every owner shall have a right and easement of enjoyment in and to the Common Area which shall be apurtenant to and shall pass with the title to every residential unit, subject to the following provisions: (a) the right of the Association to establish reasonable rules and regulations for the use of any improvements or facilities situated upon the Common Area; - (b) the right of the Association to suspend the voting rights and right to use of the Common Area by an owner for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed 60 days for any infraction of its published rules and regulations; (c) the right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer signed by two- thirds (2/3) of the members had been recorded. Section 2. Delegation of Use. Any owner may delegate, in accordance with the By -Laws, his right of enjoyment to the Common Area and facilities to the members of his family; his tenants; his clients; guests and invites; or contract purchasers. Section 1. Every owner of a Lot which is subject to assessment shall be a member of the Association. Membership shall be appurtenant to any and may not be separated from ownership of any Lot which is subject to assessment. Section 2. Each member shall be entitled to one vote for each lot. When more than one person holds an interest in any lot, all such persons shall be members. The vote of such lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any lot. ARTICLE IV MEMBERSHIP AND VOTING RIGHTS ARTICLE V COVENANT FOR MAINTENANCE ASSSESSMENTS Section 1. Creation of the Lien and Personal Obligation of Assessments and Utility Charges. The Declarant, for each Lot owned within the Properties, hereby covenants, and each Owner or any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Asssociation: (1) annual assessments or charges; (2) special assessments for capital improvements; and (3) utility charges. Such assessments and utility charges to be established and collected as hereinafter provided. The annual and special assessments and utility charges, together with interest, costs, and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment and charge, together with interest, costs, and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment or charge fell due. The personal obligation for delinquent assessments and charges shall not pass to his successors in title unless expresssly assumed by them. Section 2. Purpose of Assessments. The assessment levied by the Association shall be used exclusively to promote the recreation, health, safety, and welfare of the owners and tenants of the Properties and for the improvement and maintenance of the Common Area. Section 3. Maximum Annual Assessment. Until January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment shall be Three Thousand and no /100 Dollars ($3,000.00) per lot. (a) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased each year not more than 5% (or a percentage determined by the increase in the Consumer Price Index, whichever is greater) above the maximum assessment for the previous year without a vote of the membership. (b) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased above 5% by a vote of two - thirds (2/3) of each class of members who are voting in person or by proxy, at a meeting duly called for this purpose. (c) The Board of Directors may fix the annual assessment at an amount not in excess of the maximum. Section 4. Special Assessments for CapitaT In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of two - thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose. Section 5. Notice and Quorum for any Action Authorized Under Sections 3 and 4. Written notice of any meeting called for the purose of taking any action authorized under Section 3 and 4 shall be sent to all members not less than 30 days nor more than 60 days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast sixty percent (60 %) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one -half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than 60 days following the preceding meeting. Section 6. Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all Lots and may be collected on a monthly basis. Section 7. Date of Commencement of Annual Assessments: Due Dates. The annual assessments provided for herein shall commence as to all Lots on the first day of the month following the conveyance of the Common Area. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A properly executed certificate of the Association as to the status of assessments on a Lot is binding upon the Association as of its issuance. Section 8. Charges for Utility Services. - (a) Direct Charges: Charges to the individual lots for natural gas, power and electricity will be made directly by the utility company (Modern Electric) to the Lot Owner beginning with the first occupancy of the unit placed on said Lot. First occupancy means when the first individual service is requested for an Owner or renter of the unit. Charges for telephone, cable television and individual security services will be similarly charged directly to Owner for the service. (b) Charges to be Paid Through the As?ociation:,Water, sewer and garbage service except where other arrangements have been made will be collected from the individual Lot Owners and paid to the entity furnishing the service (Modern Electric /Valley Garbage) by the Association. Utility charges will be imposed by the Association and create a lien upon the Lots using the service. (c) Solid Waste Disposal - The Association may elect to provide dumpsters at specified locations to service the units as well as the Common Areas. Then the Association will charge each Lot beginning with first occupancy, a utility charge for the garbage service. After first occupancy, each Lot will be charged for the utility charge whether the unit be thereafter occupied or not. The utility charge is to be determined by dividing the cost of service by the number of individual lots subject to the utility charge. The Owner of each Lot after first occupancy of his unit shall pay his proportionate share. Section 9. Effect of Nonpayment of Assessments and Charges: Remedies of the Association. Any assessment or charge not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of 12 percent (12 %) per annum. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property. No Owner may waive or otherwise escape liability for the assessments or charges provided for herein by non -use of the Common Area or abandonment of his Lot. Section 10. Subordination of the Lien to Mortgages. The lien of the assessments and charges provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessments and charges as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. ARTICLE VI COMMUNITY RULES AND REGULATIONS In the exercise of its powers and in the performance of its obligations pursuant to this Declaration or to any Supplemental Declaration, the Association may adopt, amend or repeal rules and regulations to be known as the Community Rules and Regulations to provide for the manner in which Common Areas shall be used. Community Rules and Regulations may, among other things, provide for any of the following: (a) For speed and other traffic controls, safety patrols, parking controls, and restrictions upon the type of vehicles which may use roadways and pedestrian paths. (b) For the times and manner in which spaces within Common Areas may be used. (c) For charges for services to be supplied by the Association to be applied uniformly to all lot owners and their guests and clients. (d) For the control of noise, for litter control and trash disposal, and for the personal conduct of owners and their guests and clients while in the Common Areas. (e) For the conditions upon which guests and clients of owners will be entitled to use Common Areas. All Rules and Regulations must be applicable on a non - discriminatory basis. However, provisions uniformly applicable to a class of persons, such as children of particular ages, will not be deemed discriminatory. A current copy of the Community Rules and Regulations shall be kept on file at the principal office of the Association at all times. Such Rules and Regulations shall have the same force and effect as if set forth herein as part of this Declaration. Each Lot Owner will be given a copy of such Rules and Regulations and copies of any changes thereto when made. ARTICLE VII ARCHITECTURAL REVIEW Section 1. Function of Architectural Review Committee. The Architectural Review Committee shall exercise the functions for which it is given responsibility in any Supplemental Declaration or in this Declaration Generally, the Architectural Review Committee will be responsible for the approval of plans and specifications for the development of Lots and office structure and for the promulgation and enforcement of its _rules and regulations governing the use and maintenance of lots and residential units and the improvements thereon. All such rules and regulations of the Architectural Review Committee shall be deemed to constitute part of the Community Rules and Regulations. Section 2. Members: Term and Removal. The Architectural Review Committee shall consist of three persons who shall be appointed by the Association to three -year terms. Members of the Architectural Review Committee may be removed and replaced at any time by the Board of Directors of the Association. The Board shall keep on file at its principal office a list of the names and addresses of the members of the Architectural Review Committee. Section 3. Action. Except as otherwise provided herein, any two members of the Architectural Review Committee shall have the power to act on behalf of the Committee without the necessity of a meeting and without the necessity of consulting the remaining members of the Committee. The Committee may render its decisions only by written instrument setting forth the action taken by the members consenting thereto. Section 4. Failure to Act. If at any time the Architectural Review Committee shall for any reason fail to function, the Board shall have complete authority to serve as a pro tem Architectural Review Committee. Section 5. Duties and Rules. No person shall construct or reconstruct any improvement on any unit, or alter or refinish the exterior of any improvement on any structure, make any change in any structure, whether by excavation, fill, alteration of existing drainage, or the planting, cutting, or removal of vegetation, shrubs, or trees, install a utility, outside antenna, or other outside wire on a structure unless such person has first obtained the approval of the Architectural Review Committee. The Architectural Review Committee shall consider and act upon all matters properly submitted to it pursuant to this Declaration or any Supplemental Declaration. In furtherance of this function, the Architectural Review Committee may, by unanimous vote, from time to time and in its sole discretion adopt, amend or repeal rules and regulations to be known as the "Architectural Review Committee Rules" establishing its operating procedures and interpreting, detailing and implementing the provisions of the instruments pursuant to which it is charged with resoonsibility. The Architectural Review Committee may establish a reasonable fee to be paid to it to cover its costs incurred in considering and acting upon matters submitted to it. Such fees shall be paid to the Association. A current copy of the Architectural Review Committee Rules shall be kept on file at the principal office of the Association at all times. Such rules have the same force and effect as if set forth herein as part of this Declaration. Section 6. Non - waiver. Consent by the Architectural Review Committee to any matter proposed bo it or within its jurisdiction shall not be deemed to constitute a precedent or waiver impairing its right to withhold approval as to any similar matter thereafter proposed or submitted to it for consent. Section 7. Estoppel Certificate. Within 30 days after written demand therefore by an Owner, the Architectural Review Comittee_shall execute and deliver to the Owner requesting the same an estoppel certificate certifying with respect to the Lot or residential unit of such Owner that, as of the date of the certificate, either (a) all improvements and other work comply with the provisions of this Declaration and any_applicable Supplemental Declaration and with all restrictions, rules and regulations adopted in or pursuant thereto, or (b) that such improvements and work do not so comply for reasons specified in the certificate. Any purchaser or mortgagee of a Lot or office structure may rely on such certificate with respect to the matters set forth therein, such matters being conclusive against the Association and all Owners.. Section 8. Liabilities. Neither the Architectural Review Committee nor any member thereof shall be liable to any Owner or the Association (or to any other party as a result of any certificate furninshed pursuant to Section 7 above) for any damage, loss or prejudice suffered or claimed on account of any action or failure to act of the Committee or a member thereof, provided only that the member has acted in good faith. ARTICLE VIII EXTERIOR MAINTENANCE Section 1. Common Areas. The Association shall maintain all Common Areas and facilities, the entry gates, roadways, pathways, street lighting, and signage located within the Property. Section 2. Office Structure. Each individual Owner or contract purchaser shall be obligated to provide exterior maintenance on his own lot and shall maintain the Lot and any improvements thereon in a neat, sanitary and attractive condition. However, in the event an Owner or contract purchaser of any lot subject to assessment shall fail to maintain the premises and the improvements situated thereon in a manner satisfactory to the Architectural Review Committee provided for in Article VII, the Association shall have the right, through their agents or employees, to enter upon said premises and to repair, maintain and restore the Lot and the exterior of the buildings and any other improvements erected thereon. The cost of such exterior maintenance shall be added to and become a part of the annual assessment of the Lot on which that work was performed. ARTICLE IX GENERAL PROTECTIVE COVENANTS Section 1. Professional Office Character of Property. No structures or buildings of any kind shall be erected, altered, placed or permitted to remain on any lot or building site other than one intended for a professional office or business occupancy only, not to exceed two stories in height measuring thirty (30) feet maximum from the natural contour at the center of the building position to the ridge line of the structure. Section 2. Lot Sizes. No structure shall be erected or placed on any lot or building site which has a (lot or building site) area of__less than the minimum size lot shown on the face of the recorded plat. Section 3. Use of Temporary Structures Prohibited. No trailer, basement, tent, shack, garage, barn or other out - buildings or out structure of a temporary character erected or placed on the property shall at any time be used temp- orarily or permanently. Section 4. Signs. Unless written approval is first obtained from the Architectural Review Committe, no sign of any kind shall be displayed to the public view on any lot except one professional sign of not more than ten (10) square feet advertising occupancy of the building. Section 5. Animals. No animals, livestock or poultry of any kind shall be raised, bred or kept on any part of said property. Section 6. Trash and Garbage Colleciton. No part of said property shall be used or maintained as a dumping ground for rubbish, trash, garbage or other waste. No garbage, trash or other waste shall be kept or maintained on any part of said property except in a sanitary container. Section 7. Nuisances. No noxious or offensive condition or anything which may be or become an annoyance or nuisance to the properties shall be permitted. Section 8. Common Areas. All Owners are entitled to an equal share in the rights, interests, privileges, and obligations of the Association. The Owners shall have the right to use all common areas subject to the rules, regulations and restrictions applicable thereto. 9 All common areas are to be maintained by the Association and no changes in the equipment, design, decor, landscaping, removal or trimming of trees, lawns or shrubs will be permitted without written authorization by the Architectural Review Committee. Section 9. Pathways. All walks, streets, and paths located on common areas are for the use of Association members on an equal basis, subject to reasonable rules and regulations promulgated in writing by the Association. It shall be the responsibility of each member to allow maximum ease of pedestrian and vehicular ingress and egress over walks, streets, and driveways by prohibiting automobile parking in driving lanes or in the driveways or paths and allowing no obstruction or barrier on, across or adjacent to sidewalks or paths which would interfere with any other member's use of the common areas or access to his office structure. Section 10. Building Exteriors. Owners are expressly prohibited from painting or changing the exterior of any building, garage, fence or wall without the written permission of the Architectural Review Committee. Section 11. Antennae. Antennae are prohibited outside any building without permission from the Architectural Review Committee. _ Section 12. Date for Completion of Construction. Any dwelling or structure erected or placed on any lot shall be completed as to external appearance, including finished painting, within nine (9) months from the date of commencement of construction. Section 1. Common Areas. All conveyances of land situated within said Property, made by the Declarant, and by all persons claiming by, through or under Declarant, shall be subject to the foregoing restrictions, conditions and covenants whether or not the same be expressed in the instruments of conveyance, and each and every such instrument of conveyance shall likewise be deemed to grant and reserve, whether or not the same be declared therein, mutual and reciprocal easements over and across all of the common areas for the purpose of traveling by foot or other conveyance or resting or otherwise being thereon. Section 2. Utility Easements. On each lot, an easement is granted to the Association under and upon ten -foot . trips of land adjacent to front, side and rear Lot lines and for utility installation and maintenance, including but not limited to, power, telephone, water, sewer, drainage, and gas, together with the right to enter upon such lots at all times for said purposes. Additional utility easements are granted to the Association as shown on the recorded plat and others may be recorded by the Association as Grantor. ARTICLE X EASEMENTS 1 0 Section 3. Exterior Maintenance. An easement over, upon and across all parts of said property is granted and reserved to the Association, its successors and assigns to the extent reasonably required to perform exterior maintenance if necessary, as provided in ARTICLE VIII, and to the extent reasonably necessary to perform other maintenance reasonably necessary or advisable to protect or preserve the value of said property and the residences thereon. ARTICLE XI GENERAL PROVISIONS Section 1. Enforcement. The Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 2. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. Section 3. Amendment. The covenants and restrictions of this Declaration shall run with and bind the land, for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years: This Declaration may be amended during the first twenty (20) year period by an instrument signed by not less than ninety percent (90%) of the Lot Owners, and thereafter by an instrument signed by not less than two- thirds (2/3) of the Lot Owners. Any amendment must be recorded. Section 4. Annexation. Additional property and Common Area may be annexed to the Properties with the consent of two- thirds (2/3) of the members. Section 5. No Right of Reversion. Nothing in this Declaration, or in any form of deed which may be used by Declarant, or its successors and assigns, in selling said property, or any part thereof, shall be deemed to vest or reserve in Declarant or the Association any right of reversion or re -entry for breach or violation of any one or more of the provisions hereof. Section 6. Right of Mortgagees Relating to Maintenance. At any time that any part of the common area, or any other part of said property or any building or improvement located thereon is not properly maintained and kept in good order and repair, to the extent reasonably necessary to protect and preserve the appearance and value thereof and the appearance and value of the remainder of said property, then the record owner of any mortgage or trust deed upon any part of said property or building thereon, upon giving written notice as hereinafter provided, shall be entitled to exercise the rights of the 11 mortgagor -owner of such property as a member of the Association to vote at all regular and special meetings of the members of the Association for a period of one year following the date of such notice. During said period of time such mortgagors shall be given notice of all regular and special meetings of the Association, the owner - mortgagor shall receive such notice also and may attend such meetings as an observer. Said notice shall quote this paragraph and shall be sent by Certified United States mail, return receipt requested, to the owner - mortgagor, a copy by regular mail to the Association at last known address of each. Section 7. Insurance. The Association shall at all times cause all buildings and improvements owned by the Association, to be insured with broad form fire and extended coverage insurance for the full replacement value thereof. This insurance shall be payable to any mortgagees, and to the Association, as their respective interests may appear. The Directors of the Association shall be the attorney in fact for all owners for the adjustment and settlement of any claim or loss under such insurance. The Association shall obtain general comprehensive liability insurance insuring the Board, the Association, the Owners, Declarant and managing agent, if any, against any liability to the public or the Owners of units and their invitees or tenant incident to the ownership of the Common Areas. Section 8. Right of Entry. A representative of the Association or any member of the Architectural Review Committee authorized by the Association may at any reasonable time, and from time to time at reasonable intervals, enter upon any Lot for the purpose of determining whether or not the use of such Lot or any improvement thereon is then in compliance with the provisions of this Declaration or any Supplemental Declaration. No such entry shall be deemed to constitute a trespass or otherwise to create any right of action in the Owner or occupant of such parcel. Section 9. Expenses and Attorneys' Fees. In the event of any suit or action to enforce any provision contained in this Declaration or in a Supplemental Declaration, to collect any money due thereunder or to foreclose a lien, the prevailing party in such suit or action shall be entitled to recover all costs and expenses incurred in connection with such suit or action, including a foreclosure title report, and such amount as the court may determine to be reasonable as attorneys' fees therein, including attorneys' fees incurred in connection with any appeal from a decision of the trial court or an intermediate appellate court. Section 10. Nonexclusiveness and Accumulation of Remedies. Election by the Board or the Association to pursue any remedy provided for herein or in any Supplemental Declaration in respect of the violation of any provision of this Declaration or of any Supplemental Declaration shall not prevent concurrent or subsequent exercise of another remedy permitted herein or in any Supplemental Declaration, or which is permitted by law. The remedies provided in this Declaration and in any Supplemental Declaration are not intended to be exclusive but shall be in addition to all other remedies, including without limitation, actions for damages or suits for injunctions or for specific performance, available under applicable law. 12 IN WITNESS WHEREOF, the undersigned being the Declar nt herein, has hereunto set its hand and seal (if any) this P7 day of NU3(4St , 1985. BROADWAY ASSOCIATES, a Washington General Partnership . H NCKLEY, General Fta tner by ruce E. Albertus, Atto / rney in Fact l CHAE TRANTO , eneral Partner by Bruce E. Albertus, Attorney in Fact /. /.//. / Ai. L N K. TRANTO , General Partner by Bruce E. Albertus, Attorney in Fact >� zafrteta OB RT G. WENDEL, General Partner by Bruce E. Albertus, Attorney in Fact t. t4 ARD G. BRAUT eneral P. tner by Bruce E. Albertus, Attorney in Fact ICHAEL W. SILVEY, General Par by Bruce E. Albertus, Attorne E E. ALBERTUS, General Partne STATE OF WASHINGTON ) ) ss a A / /Q./. er CLARE SILVEY, eneral Pari!ner in Fact by Bruce E. Albertus, 13 f. L ,'DA R. H KLE , enera by Bruce E. Albertus, Attor tner y in Fact I ndic o. W� CHELE C. WENDEL, G eneral Partner by Bruce E. Albertus, Attorney in Fact LY'IA M. BRAUTIGAh, eneral P. tner by Bruce E. Albertus, Attorney in Fact orney in Fact r I tide to Y J, A R , Genera artner by Bruce/E. Albertus, Attorney at Fact County of Spokane ) On this al of RiAC US — , 1985, before me personally appeared BRUCE E. ALBERTUS, tome known to be the individual described in and who executed the foregoing instrument for himself and also as Attorney in Fact for LAYNE D. HINCKLEY, LYNDA R. HINCKLEY, ROBERT G. WENDEL, MICHELE C. WENDEL, MICHAEL TRANTOW, LYNN K. TRANTOW, RICHARD G. BRAUTIGAM, LYNDA M. BRAUTIGAM, MICHAEL W. SILVEY, CLARE SILVEY, and NANCY J. ALBERTUS, and acknowledged that he signed the same as his free and voluntary act and deed for himself and also as his free and voluntary act and deed as Attorney in Fact for said general partners for the uses and purposes therein mentioned, and on oath stated that the Power of Attorney authorizing the execution of this instrument has not been revoked and that the said principals are now living. Given under my hand and official seal the day and year last above written. Ora 777 COnl,P alza- NOTARY PUBLIC in and for the S64te of Washington, residing at Spokane EXHIBIT "A" LEGAL DESCRIPTION PHASE I BROADWAY PROFESSIONAL CENTER I A Planned Unit Development A parcel of land located in the NE1 /4 of Section 16, T.25 N., R.44 E.W.M. in the County of Spokane, State of Washington, described as follows: The SW1 /4 of Tract 76 of OPPORTUNITY, according to the plat thereof recorded in Volume "K" of Plats, pages 20 thru 23 in the Auditor's Office of said County TOGETHER with the West 70.00 feet of the SE1 /4 of said Tract 76 EXCEPT the West 195.70 feet of said SW1 /4 AND EXCEPT the South 10.00 feet of said Tract 76 for additional right of way for Broadway Avenue PHASE II BROADWAY PROFESSIONAL CENTER II A Planned Unit Development A parcel of land located in the NE1 /4 of Section 16, T.25 N., R.44 E.W.M., in the County of Spokane, State of Washington, described as follows: The SE1 /4 of Block 76 of OPPORTUNITY as per plat thereof recorded in Volume "K" of Plats, page 20 in the Auditor's Office of said County EXCEPT the West 70.00 feet of said SE1 /4 AND EXCEPT the East 196.08 feet of said SE1 /4 AND EXCEPT the South 10.00 feet of said Tract 76 for addi- tional right of way for Broadway Avenue 14 EXHIBIT "B" COMMON AREA Lot 5, Block 1 of BROADWAY PROFESSIONAL CENTER I and Lot 3, Block 2 of BROADWAY PROFESSIONAL CENTER II 15 t S cue (d rs . �� tn4 to _ rek i v21 r re, av v 4eo / i s . Cu As c)--6 0>i_v\& G t u + Vo a " � � n valr 4�f &mQ AYQ4'(� Wv d[ J �S( G) Uvu.a! p 'r . O �& /\ � .1• "" . v n ( 0 - 0 V ^ Yt 4,`& tib,4 -Pv . r� n I l o- &o-t) ru4Z V `A5 e cif S_. Ct b y 2---61C.c4 f� -N _ O--( S IN\ • vo9 1r •CR C&'Yeb w&-j ,,\a9 Pt v L 5.pe4Ce ekg-es Q . -gre Detc2Aire. . e„& ) 3e4Essco'gs4c- CQ U e �� (c4 re co vac) I - v &V- aid --&J ems m Ga ere (Apt,/ 0d / eft r • GriC " Lti i. & o■Ol e is JhAw ce, e Lon file c2 ,i)er yty fir / � l �oJ Fol o� f n /F ttiw� e ��. kxe, t p t e DECLARATION RECEIV AUG 3 0 1985 Cep Engineering OF RESERVATION OF EASEMENT AT BROADWAY PROFESSIONAL CENTER CJO k CA/c7/ THIS DECLARATION, made on the date hereinafter set forth by BROADWAY ASSOCIATES, a Washington general partnership, hereinafter referred to as "Declarant ". WITNESSETH: ARTICLE I DEFINITIONS _44 iW Section 1. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any lot or residential unit which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 2. "Properties" shall mean and refer to that certain real property hereinbefore described. Section 3. "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties. WHEREAS, Declarant is the owner of certain property in Spokane, County of Spokane, State of Washington, which is more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof as fully as though set forth herein; and WHEREAS, the Declarant desires to develop the property as a planned unit development, in two phases, NOW THEREFORE, Declarant hereby declares that all the properties described above shall be held, sold, and conveyed subject to the following drainage easement, for the purpose of protecting the value and desirability of, and which shall run with, the real property and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors, and assigns, and shall inure to the benefit of each owner thereof. Section 4. "Declarant" shall mean and refer to BROADWAY ASSOCIATES, a Washington general partnership, its successors and assigns if such successors or assigns should acquire more than one lot from the Declarant for the purpose of development. ARTICLE II RESERVATION OF EASEMENT Declarant expressly reserves for the benefit of the owners a drainage easement over, under, across the hereinafter described lands: The South 40.00 feet of the Southeast Quarter of Tract 76 of Opportunity, as per plat thereof recorded in Volume "K" of Plats, pages 20 -23; EXCEPT the West 70.00 feet of said Southeast Quarter of Tract 76 AND EXCEPT the East 196.08 feet of said Southeast Quarter of Tract 76 AND EXCEPT the South 10.00 feet of said Tract 76 for additional right of way for Broadway Avenue; Situate in the County of Spokane, State of Washington. The easement reserved by the owners and their authorized agents is for the sole purpose of installing, operating, maintaining, repairing, and all other uses or purposes which are or may be related to a drainage system. It is expressly understood and agreed that the owners and /or their authorized agent shall have the right of ingress to and egress from the property described hereinabove for the purpose of installing, operating, maintaining, repairing, and all other uses or purposes which are or may be related to a drainage system. The owners or their duly authorized agents at all times hereinafter, at their own cost and expense may remove all crops, brush, grass, or trees that may interfere with the installation, operation, maintenance, repair and all other uses or purposes which are or may be related to the storm drainage system. It is reserved to the Grantor(s), his heirs and assigns, the right to use the above described land at any time, in any manner, and for any purpose not inconsistent with the full use and enjoyment of. the Grantee. The easement described hereinabove is to and shall run with the land. leC1 fty0s a.A;, , 494¢.0, 4- 4J- ov^cz_cQ cues, c Ccff— cenn (2- 0 „4„A 4 4.0„ `t c_ c ('.e N S ` °A9 r c m v \s+vtLc4Lt NN`a ?-e o- ku2-,.(- &IZ `^ L e� �-(-e � `' ti:.( Caa K IN WITNESS WHEREOF, the undersigned being the Declarant herein, has hereunto set its hand and seal this day of , 1985. BROADWAY ASSOCIATES, a Washington General Partnership LAYNE D. HINCKLEY, General Partner LYNDA R. HINCKLEY, General Partner .MICHAEL TRANTOW, General Partner LYNN K. TRANTOW, General Partner ROBERT G. WENDEL, General Partner MICHELE C. WENDEL, General Partner RICHARD G. BRAUTIGAM, General Partner LYNDA M. BRAUTIGAM, General Partner MICHAEL W. SILVEY, General Partner CLARE SILVEY, General Partner BRUCE E. ALBERTUS, General Partner NANCY J. ALBERTUS, General Partner STATE OF WASHINGTON ) ) ss County of Spokane ) On this day personally appeared before me LAYNE D. HINCKLEY and LYNDA R. HINCKLEY, husband and wife, to me known to be the individuals described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of , 19 . Notary Public in and for the State of Washington, residing at Spokane STATE OF WASHINGTON ) ) ss County of Spokane ) On this day personally appeared before me MICHAEL TRANTOW and LYNN K. TRANTOW, husband and wife, to me known to be the individuals described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of , 19 Notary Public in and for the State of Washington, residing at Spokane STATE OF WASHINGTON ) ) ss County of Spokane ) On this day personally appeared before me MICHAEL W. SILVEY, to me known to be the individual described in and who executed the within and foregoing instrument for himself and also as Attorney in Fact for CLARE SILVEY, and acknowledged that he signed the same as his free and voluntary act and deed for himself and also as his free and voluntary act and deed as Attorney in fact for said principal, for the uses and purposes therein mentioned, and on oath stated that the Power of Attorney authorizing the execution of this instrument has not been revoked and that the said principal is now living and is not insane. GIVEN under my hand and official seal this day of , 19 Notary Public in and for the State of Washington, residing at Spokane STATE OF WASHINGTON ) ) ss County of Spokane ) On this day personally appeared before me BRUCE E. ALBERTUS and NANCY J. ALBERTUS, husband and wife, to me known to be the individuals described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed, for the'uses and purposes therein mentioned. GIVEN under my hand and official seal this , day of , 19 . Notary Public in and for the State of Washington, residing at Spokane STATE OF WASHINGTON ) ) ss County of Spokane ) On this day personally appeared before me ROBERT G. WENDEL and MICHELE C. WENDEL, husband and wife, to me known to be the individuals described in and who executed the within and foregoing . instrument, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of , 19 Notary Public in and for the State of Washington, residing at Spokane STATE OF WASHINGTON ) ) ss County of Spokane ) On this day personally appeared before me RICHARD G. BRAUTIGAM and LYNDA M. BRAUTIGAM, husband and wife, to me known to be the individuals described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of , 19 Notary Public in and for the State of Washington, residing at Spokane CONSENT TO RECORDATION OF DECLARATION STERLING SAVINGS ASSOCIATION, which is the holder of a recorded deed of trust covering the property described in the foregoing Declaration, hereby acknowledges that it has read and approves the Declaration. Dated: , 1985. STERLING SAVINGS ASSOCIATION By: Vice - President ACKNOWLEDGMENT STATE OF WASHINGTON ) ) ss County of Spokane ) On this day of , 1985, before me, the under- signed, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared GARY CRITHFIELD to me known to be the Vice President of STERLING SAVINGS ASSOCIATION, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument and that the seal affixed (if any) is the corporate seal of said corporation. Witness my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC in and for the State of Washington, residing at Spokane 3 • EXHIBIT "A" LEGAL DESCRIPTION PHASE I BROADWAY PROFESSIONAL CENTER I A Planned Unit Development A parcel of land located in the NE1 /4 of Section 16, T.25 N., R.44 E.W.M. in the County of Spokane, State of Washington, described as follows: The SW1 /4 of Tract 76 of OPPORTUNITY, according to the plat thereof recorded in Volume "K" of Plats, pages 20 thru 23 in the Auditor's Office of said County TOGETHER with the West 70.00 feet of the SE1 /4 of said Tract 76 EXCEPT the West 195.70 feet of said SW1 /4 AND EXCEPT the South 10.00 feet of said Tract 76 for additional right of way for Broadway Avenue PHASE II BROADWAY PROFESSIONAL CENTER II A Planned Unit Development A parcel of land located in the NE1 /4 of Section 16, T.25 N., R.44 E.W.M., in the County of Spokane, State of Washington, described as follows: The SE1 /4 of Block 76 of OPPORTUNITY as per plat thereof recorded in Volume "K" of Plats, page 20 in the Auditor's Office of said County EXCEPT the West 70.00 feet of said 3E1 /4 AND EXCEPT the East 196.08 feet of said 5_1/4 AND EXCEPT the South 10.00 feet of said Tract 76 for addi- tional right of way for Broadway Avenue 16 :,0: 11 ;.,01.41s ?ft. ° 771 MI 685 FICf.i) Cli I ?I :C•t1RDE111 DECLARATION n, JE n•'Iidland_Pacif i. OF RESERVATION OF EASEMENT Engine in r S 25 Altamont 99202 Su 5 �ll 54 R 8S AT WILLIW E. DONAH'JE BROADWAY PROFESSIONAL CENTER AUDITOR !,SPUKAH DEPUTYY.WASH., 1. YOUNG THIS DECLARATION, made on the date hereinafter set forth by BROADWAY /(9 ASSOCIATES, a Washington general partnership, hereinafter referred to as • "Declaraht ". WITNESSETH: WHEREAS, Declarant is the owner of certain property in Spokane, County of Spokane, State of Washington, which is more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof as fully as though set forth herein; and WHEREAS, the Declarant desires to develop the property as a planned unit development, in two phases, NOW THEREFORE, Declarant hereby declares that all the properties described above shall be held, sold, and conveyed subject to the following drainage easement, for the purpose of protecting the value and desirability of, and which shall run with, the real property and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors, and assigns, and shall inure to the benefit of each owner thereof. it. E. Excise Tax Exempt Date P .`J h93'S AFTICTE I DEFINITIONS Spokane County Treat, Cy Section 1. "Owner" shall mean and refer to the owner, whether one or more persons or entities, of a fee simple title to any lot or residential unit which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 2. "Properties" shall mean and refer to that certain real property hereinbefore described. Section 3. "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties. Section 4. "Declarant" shall mean and refer to BROADWAY ASSOCIATES, a Washington general partnership, its successors and assigns if such successors or assigns should acquire more than one lot from the Declarant for the purpose of development. ARTICLE II RESERVATION OF EASEMENT AND EXCEPT the East 196.08 feet of said Southeast Quarter of Tract 76 v`f. 771 rMMr 6.86 Declarant expressly reserves for the benefit of the owners a drainage easement over, under, across the hereinafter described lands: The South 40.00 feet of the Southeast Quarter of Tract 76 of Opportunity, as per plat thereof recorded in Volume "K" of Plats, pages 20 -23; EXCEPT the West 70.00 feet of said Southeast Quarter of Tract 76 AND EXCEPT the South 10.00 feet of said Tract 76 for additional right of way for Broadway Avenue; Situate in the County of Spokane, State of Washington. The easement reserved by the owners and their authorized agents is for the sole purpose of installing, operating, maintaining, repairing, and all other uses or purposes which are or may he related to a drainage system. It is expressly understood and agreed that the owners and /or their authorized agent shall have the right of ingress to and egress from the property described hereinabove for the purpose of installing, operating, maintaining, repairing, and all other uses or purposes which are or may be related to a drainage system. The owners or their duly authorized agents at all times hereinafter, at their own cost and expense may remove all crops, brush, grass, or trees that may interfere with the installation, operation, maintenance, repair and all other uses or purposes which are or may be related to the storm drainage system. It is reserved to the Grantor(s), his heirs and assigns, the right to use the above described land at any time, in any manner, and for any purpose not inconsistent with the full use and enjoyment of the Grantee. The easement described hereinabove is to and shall run with the land. The Declarants and their authorized agents accept complete and total responsibility for the construction and perpetual maintenance of the facilities located within this drainage easement per plans on file with the office of the Spokane County Engineer. It is understood that the drainage easement (drainage sump area) herein referred to, is outside of and adjacent to BROADWAY PROFESSIONAL CENTER I P.U.D. and is designed for use as a drainage stoop area to accomodate storm water runoff from said P.U.D. Details regarding channel - ization and flow of storm water runoff are shown on the Storm Drainage Plan of Broadway Professional Center, and specific uses are detailed in the Declaration of Covenants, Conditions, and Restrictions of Broadway Center P.U.D., as recorded August 28, 1985 under Auditor's File No. 8508280226. IN WITNESS WHEREOF, the undersigned being the Declarant herein, has hereunto set its hand and seal (if any) this 3rd day of , , 1985. BROADWAY ASSOCIATES, a Washington General Partnership / AP A-5-4: ? t --t" 1 / " i ; , .hnn -7-, . f reir MY�CHAEL TRANTOW, General Partner LYNN K. TRANTOW, General Partner G HART - B R ERJ_ WENDEL, General Partner e eral Partner 771 PAGE 6,87: MICHEL C. WENDEL, General Partner LYNDA' M. BRAUTIGAM, General Partner RUCE E. ALBERT S, General Partner STATE OF WASHINGTON, ss. County of Spokane On this day personally appeared before me LARE SIL+ Y, G: e = Partner by Michael W. ilvey, Attorney in Fact NANCY J .(LBERTUS, General Partner Michele C. Wendel, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that she signed the same as her free and voluntary act and deed, for the uses and purposes therein mentioned. 1985. GIVEN under niy hand and tic( aj4!s 3rd day of September NOTARY PUBLIC STATE OF r1ASrlrzeTOp Notary Public in and or the Sta fr,Ishingtou ACKNOWLEDGMENT. INDIVIDUAL 1'('CIi at Spokane . F STATE OF WASHINGTON ) ) ss County of Spokane ) 61. .771 PAGE 688 On this day personally appeared before me ROBERT G. WENDEL and Mi•CHEtt -t. WENDE-L, husband-- and_w-ife, to me known to be the individuals described in and who executed the withi and foregoing instrument, and acknowledged that tiey-h e .th signed the same ase•h' free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this c7 7 day of -,19±. '• Notal /JR,baic in and for the State of // 'Washington, residing at Spokane STATE OF WASHINGTON ) ) s s . County of Spokane ) On this day personally appeared before me RICHARD G. BRAUTIGAM and LYNDA M. BRAUTIGAM, husband and wife, to me known to be the individuals described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. GI EN under my hand and official seal this %'c day of (:(.g -:USh , 1955. aLd u..ic in an for the tat o on, residing at Spokane STATE OF WASHINGTON ) ) ss County of Spokane ) On this day personally appeared before me LAYNE D. HINCKLEY and LYNDA R. HINCKLEY, husband and wife, to me known to be the individuals described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and ;purposes therein mentioned. Iy N under my hand and_.official seal this c9 of , 1989. Notary Pu is in and' for the State of ; Washington, residing at Spokane STATE OF WASHINGTON ) ) ss County of Spokane ) On this day personally appeared before me MICHAEL TRANTOW and LYNN K. TRANTOW, husband and wife, to me known to be the individuals described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. i GIVF,DI, under my hand and official seal this`) day of aptary. Pub, }'c in and for the State of / Washington, residing Spokane y� 7.71 PAGE 689 vrE. . STATE OF WASHINGTON ) ss County. of Spokane ) On this day personally appeared before me MICHAEL W. SILVEY, to me known to be the individual described in and who executed the within and foregoing instrument for himself and also as Attorney in Fact for CLARE SILVEY, and acknowledged that he signed the same as his free and voluntary act and deed for himself and also as his free and voluntary act and deed as Attorney in fact for said principal, for the uses and purposes therein mentioned, and on oath stated that the Power of Attorney authorizing the execution of this instrument has not been revoked and that the said principal is now living and is not insane. GI EN under my hand and _pfficial seal this 61 of , 19 co. Not Pu.lic in and for the State Washington, residing at Spokane STATE OF WASHINGTON ) ) ss County of Spokane ) On this day personally appeared before me BRUCE E. ALBERTUS and NANCY J. ALBERTUS, husband and wife, to me known to be the individuals described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. GIVE. under my hand and official seal this c ?' /tC —day of Luc. t , 19 PS; Nota Pu.lic,in: and for the State pf/ Washington, 'restding at Spokane ��a 371 PAGE 690 STERLIN SVINGS SO CONSENT TO RECORDATION OF DECLARATION STERLING SAVINGS ASSOCIATION, which is the holder of a recorded deed of trust covering the property described in the foregoing Declaration, hereby acknowledges that it has read and approves the Declaration. Dated: ( �� D/ , 1985. above written. By: YOh. 771 R;ci. 691 A V ce -Pre ACKNOWLEDGMENT STATE OF WASHINGTON ) ) ss County of Spokane ) On this 3L day of I,v - -�� \; J� , 1985, before me, the under- signed, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared GARY CRITHFIELD to me known to be the Vice President of STERLING SAVINGS ASSOCIATION, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument and that the seal affixed (if any) is the corporate seal of said corporation. Witness my hand and officia} -geal hereto affi *ed the day and year first 3 EXHIBIT ".A" LEGAL DESCRIPTION PHASE I BROADWAY PROFESSIONAL CENTER I A Planned Unit Development A parcel of land located in the NE1 /4 of Section 16, T.25 N., R.44 E.W.M. in the County of Spokane, State of Washington, described as follows: The SW1 /4 of Tract 76 of OPPORTUNITY, according to the .plat thereof recorded in Volume "K" of Plats, pages 20 thru 23 in the Auditor's Office of said County TOGETHER with the West 70.00 feet of the SE1 /4 of said Tract 76 EXCEPT the West 195.70 feet of said SW1 /4 lift. M. PACE 692 AND EXCEPT the South 10.00 feet of said Tract 76 for additional right of way for Broadway Avenue PHASE II BROADWAY PROFESSIONAL CENTER II A Planned Unit Development A parcel of land located in the NE1 /4 of Section 16, T.25 N., R.44 E.W.M., in the County of Spokane, State of Washington, described as follows: The SE1 /4 of Block 76 of OPPORTUNITY as per plat thereof recorded in Volume "K" of Plats, page 20 in the Auditor's Office of said County EXCEPT the West 70.00 feet of said SE1 /4 AND EXCEPT the East 196.08 feet of said SE1 /4 AND EXCEPT the South 10.00 feet of said Tract 76 for addi- tional right of way for Broadway Avenue r Inland I I Engine South 25 Altamont Spokane, Washington 509 505 -1010 99402 T0: C/Gf - /fe /5ci7 5flbn'e oy Eij, PROJECT: an/6V /D4)5707a7 �fii�er X ATTENTION: Gentlemen: We are sending ( ) enclosed ( ) under separate cover copies of the following: Description / / Blueline Prints / / Copy of Letter / / / / Original Drawing / / Contract Documents / / / / Work Authorization / / Report / / No. Copies i Requested Action // Information /Review & Comments / / Distribution / / Written Approval / / Signature & Return / / Remarks Date Art Description 9k ,d/an revised 70P7/179/2* * Tratismittal DATE: cep/Le/niter 3/ 935 FS S %te 9 a4i Sincerely, INLAND PACIFIC ENGINEERING COMPANY, INC. SPOKANE COUNTY COURT HOUSE Gentlemen: Thank you. GSN /set Attachment 5/30/4 .W27 Cent OFFICE OF COUNTY ENGINEER ROBERT 5. TURNER COUNTY ENGINEER SPOHANE ,WASHINGTON 99260 Sincerely, RE: RROPWAY PROF. (EN 5R A review of the road, drainage, and parking plans for the above— refer— enced plat, short plat, binding site plan, and /or building permit has been accomplished. Areas of concern to us are indicated in red on the attached prints. Please make the corrections and resubmit them to this office in order that the review process may proceed. When the plans are resubmitted, mark all changes on the revised print in color. If you have any questions about this review, please contact us at 456 -3600. Robert S. Turner, P.E. Spokane County Engineer arjs S. Nelson, P.E. Planning Engineer Public Works Building North 811 Jefferson Street Spokane, Washington 99260 (509) 456 -3600 Section 4. "Declarant" shall mean and refer to BROADWAY ASSOCIATES, a. Washington general partnership, its successors and assigns if such successors or assigns should acquire more than one lot from the Declarant for the purpose of development. ARTICLE II RESERVATION OF EASEMENT Declarant expressly reserves for the benefit of the owners a drainage easement over;'under, across the hereinafter described lands: The South 40.00 feet of the Southeast Quarter of Tract 76'�f Opportunity, as per plat thereof recorded in Volume "K" of Plats, pages 20 -23; EXCEPT the West 70.00 feet of said Southeast Quarter of Tract 76 AND EXCEPT the East 196.08 feet of said Southeast Quarter of Tract 76 AND EXCEPT the South 10.00 feet of said Tract 76 for additional right of way for Broadway Avenue; Situate in the County of Spokane, State of Washington.. The easement reserved by the owners and their authorized agents is for the sole purpose of installing, operating, maintaining, repairing, and all •other uses or purposes which are or may be related to a drainage system. It is expressly understood and agreed that the owners and /or their authorized agent shall have the right of ingress to and egress from the property described hereinabove for the purpose of installing, operating, maintaining, repairing, and all other uses or purposes which are or may be related to a drainage system. The owners or their duly authorized agents at all times hereinafter, at their own cost and expense may remove all crops, brush, grass, or trees that may interfere with the installation, operation, maintenance, repair and all other uses or purposes which are or may be related to the storm drainage system. It is reserved to the Grantor(s), his heirs and assigns, the right to use the above described land at any time, in any manner, and for any purpose not inconsistent with the full use and enjoyment of the Grantee. The easement described hereinabove is to and shall run with the land. ' I ) L ■ nr C.�.�� _t - � l�C.l\r l C. k .. `- . nv( C.c ,� A rs :P. \c\ � ` r. `_r!' r r - �, r tr 4.. r r('L‘ { � -(. 11 r �. i -ni ( , i , , C. �/: ('4 n r `rt''. ca }'r \L/tL L /`<al C". % • . • .t I'7 ` '` , 1. i�'i.. C/ 4. � .. �r,.r t(;t.. : r i11t�. �..J. 1 South 25 Altamont 509 535 -1410 TO: Inland Pacific Engineering Spokane, Washington 99202 S�o ,e - gae Colfri N e/t Jeffe PROJECT: BROADW4Y ,PfrfE$5 /0N41- CENTER Z //e/se) Jet Sias ATTENTION: °�L Gentlemen: O We are sending (4 enclosed ( ) under separate Descripti /vrBlueline Prints / / Original Drawing / / Work Authorization No. Copies Date A #/nf 85 ky 35 Requested Action By: f . u _ V V . L a10 TrAhsmittal DATE: r&H5f 30 / S cover RECEIVED AU G 3 0 1985 County. Engineering copies of the following: / / Copy of Letter / / /)(Contract Documents / / / / Report / / Description O/7 //07 fee///e/7Y ,devised 7 %t Ch&,,/ - / and CAled (J/ G/o/oriienf /Information ///Review & Comments / / Distribution / / Written Approval / / Signature & Return / / Remarks Gqr : bielased is a (Ty a` ,pro dtAir/ Pesement drat/in-/7r at of the y/at /' /h GI/coamentaficv, shawi> /c drvq/_ A55ociafes ire fit /e . P lease review /his dorurnent Ge Sure Will meet yak( /zeed5. Zf i5 My 4'/lderstenhinj /had the Si /Ari 15 Otherwise apt/wed and yrn, vvi /l be ed4 tv Spa /he 5i/e y /An when yet hat recorded OPT lh owr hands , It i5 A /so r7/ Sincerely; G/rldersfandrj yoa Will ' r/aire no p /hgj-- dra; %AJt INLAND PACIFIC ENGINEERING COMPANY, INC. Midi)/ Ofi O /af. Jerr�r : p /esve review i4r agreemes' w/ plat Me TAhsarnevirq rj TO SPOKANE COUNTY PLANN1..., DEPT. SUBJECT Form No. 565 Ownership of 1654.1 -1145 Dear Sir: Gen. Ptshp. MESSAGE F ROM Gil DL -dridc TRANSAMERICA TITLE INSURANCE CO. AT DATE 8 -15 -85 NEED REPLY BY: Attached are the last three recorded deeds showing Gil Doddridge Title Officer 7 ilr title currently vested in BROADWAY ASSOCIATES, a Wash. a-+_""" 4 " w r r . ' kil��.' ffl$.": �SjKS "�4i�u�`''a =� •,_k...w- '3`_bw:. Em tai: g a fu tou ru r.nl td+ �: $ub K e mOM � � t e d 4 a , cute ,_ b.+taic'ti7' ra t o ah yt prodential gag aye {32's1949 the grartora tofThe b i o'„tie;bo4' 9vr hich�the gr atn suie�;endr' see to pa Gandva. " W ertatelmort a e(dted{',Ma 25"`1949 executed b the y g tw ya 4 er ' Y S. S pri rcytoi } T gla PEudent Sal+'Yinsurance C en � of America�ri raa tu a1dG tine t p nJ. e t p p 'paloba ' of�tr22;224'` ) ' ar uto" pey ovi'41on4 � omconi tdistr1ct t W�33' i Ttri `G j' Az,; ry gndagr ,. t + ,,g,� �w� r yFE v itins 1 t Kc axv'•c4 "' ;'� ' '" n 1 ,,t e , s "9 � . i •# k {{u) Dated�[h�i'h r�i �r # a NfN.7K ?,.d'bwtAR'44t`r2a xtyt: h.. ie r hA...�1..'3i Y t,r cc I�ti4 �$q�1 c 1-y^) - . • 0/63_ 76 •} „4r ±:- - .do 4e e. 't• J tI1GM�"I., +a.: l.W.N�S. .+4 �1 +•d +al rl :.yyj. ,' 4,117 = =. ti. , • :. r ttttla_t.w,,a t =3: Dated this {`''Ci s:4 •`t¢'- 'T rsi•PI I 441Cl542:14 "•W NFt3 MALL TO 528.126C - -Thin doers 1• Meador,' form toe In Stale of tl0PLin0tau only IT ETON, Tn. en Pro `,I:e^ ae, Am' D •1 12 NO. 86888 Joe f.. irersit; 90 re... John G. French E. 12207 ['roadway Opportunity, Washington PILED OP AECOADED arCUE[1 ter G French JAN 11 3 08 PH 1971 V[PNUN OntAND. AUDIT OH SPOKANE cp UNTY, WAS H. DEPUTY 2.00 WARRANTY DEED husband and Wife. I---t • - a^r�, ;I'lle [::unto: s CGNALL h. FPLLQOI SI' and .1 �YNIE A7. FALLVUISf, H 1 f , of Spokane County Spokane State of Washington CO for and in considerati of ONE ($400) and other valuable consideration 'Dollars. in hand paid. convey and warrant to JOHN G. FIIENCIi and ALI:PHA 11. FRENCH, husband and wif whose address is E. 12207 Bro::E»ay, Uppor um i t r, y_ the fallowing described real estate, situated in the County of Spokane State of Washington: The East Half of the South Half (E925•2) of Tract Seventy-six ( Wa non a per sU in the County of Spokane and State of Washington, Lngton us per map thereof eof rec eeordetl in Hook I( ! "' of Plats, 1 N a - page 20, in the office of the County Auditor of said County: r, EXCEPT the east' 19(3.09 feet; and EXCETT the 'aost 70 feet. Subject to a contract made by ,odern Electric dater Company f or supplying of water and . electricity, of record: A mortgage to Spokane Valley Savings € Lon Association, filed for record February 1, 1 as I:ocnment No. 431$0445, which the purchasers are assuming and agreeing to pay. Future assessments for Spokane Valley Fire Protection District No.' 1. Future assessments for Opportunity Trrigat ion Gist rict No. 18. 15th day of \.\ February 1957 �/ / pen (Sea)) , ; (Seal) r n _ . (Seep STATE OF WASHINGTON, atl. ('minty of Spokane 1, the u ndersi g neC, n Norary Public in and for the above named County and State, du hereby certify (hot nn thla y 1, ,bey ,d February 195 7 :,molly appeared before nie LUNALD h. FALLJOJSf and JENNIE, M. FALLQIIIST, husband and wife, to me known to he the individuals described in and who execiled the within instrument, and acknowledged that they signorina(' sealed the same as their free and voluntary net and deal, for the uses and purposes therein mentioned. Given under my hand and official sod 1Ile Joy and y ear Instnbgjt : wripiri. 'Mary Public for Slate of Washington, Reelding at Spokane. j, :.' t - .•;.r^.'i .:¢'pia r,.r .t:T...;lti lt;xyn`aKf�St° Ya'TM r y L• 1 Pry wR:uti... • to ? r 1" ! "-'9tls vma'"'.,:ti l"n! aa'2 st: City and State . Filed for Record at Request of NSO'203O144 First American Title INSURANCE COMPANY oos - -._ S._...323...Ei nes.._...._..._ .Spoiane,_l:a___ e192E6 i'`�M ; th; •DT .r• ..... awl +.¢ven:w•e Y 1. !Ai'-...... i u'..7E0 PACE 433 WILtIAR t. COh.n':E ALOITCn :6RCAk'E CCt+IY.I/AM DEPUTY • mu seas e„„ es ,.rotas anal ¢.ILED CR REdCSCES1 AEs'tE5 *i.i'Flh_1 r..::C.:Y 3f^., Jui 3 10 cs ;;3 'SS ` eke , : , c.,,, • • taaignitiinittd ... :.;ar : tea! :': 3�;•.f;+: Y 4r' � •rwae�hi!'�axr ,.y� n'.e. 1':"4*.. .'lr ;;y THE GRANTOR, JOHN G. Dated this 28th. Emilie to Paid on rlgl L Sale M Pd. y-/G 7- `� " l. D E "SKIP" CHILfitRG 5pokaaa County Len., STATE F WASHINGTON, a. Statutory Warranty Deed FRENCH and ALDURA M. FINCH, husband and if e, for and in consideration of TEN DOLLARS ($10.00) and other valuable cons idara t ion in hand paid, conveys and warrant w a ee ADWAY ASSOCIATES a W composed of ROBERT G. WENDEL an. MICHELE C. 1'IENDEL, husba; the fallowing described real estate, situated in the County of Spokane Washington: t The East half of the South half of Tract , Opr0R^ : according to plat rocordcd'in Volume "Kc of Plato, Pa;e 20 in Spokane County, Washington; EXCEPT the East 196.C$ feet; AND EXCEPT the West 70 feet; AND EXCEPT)the South 10 feat. SUBJECT TO: Restrictive covenants, easements and encumbrances a\ of record; Second half 1985 real estate taxes ** *LAYNE D. HINCKLEY and LYNDA' R. HINCKLEY, husband and sc , MICHAEL A. TRANTOW and LYNN K. TRANTOW, husband and wife` RICHARD G. ERAUTIGAN and LYNDA DR+UTIGAE, husband and wife; BRUCE E. ALDERTUS and NANCY J. ALDERTUS, husband and wife; and MICHAEL W. SILVEY and CLAIRE SILVEY, husband and wife, day of June, 1985. .19 • / �i et C- ('"tsr.r) Johhn 0. French ' / LL C. I C...s' 4 ' - e?GCY( is ,,, Alclura ":. French County of Spokane On this d .,y personally appeared before me John G. French and Alduta N. French, to Inc known to be the individual described in and who executed- the within and foregoing instrument. ml acknowledged that they signed the same as their Inc and solunury act and deed, lot the uses and purposes therein mentioned. GIVEN under my bend sad official seal this a . dayn!.. ( June . 1955. • L. i.e.. .. t r'.. .\'nl P. Ke . \iK ; a (n 111 .Marl Of i alVirg :r, , State of py i • t...1..FStr' _ w. -_yam r. • I s N• LAST SEC) 4 LAND USE SINGLE FAMILY SPECIAL ASSESSMENTS * CODE TYPE YR CERTIFIED UNPAID CS DEL LAND USE SINGLE FAMILY SPECIAL ASSESSMENTS CODE TYPE YR CERTIFIED UNPAID CS DEL 501 S . LAND USE SINGLE FAMILY * SPECIAL ASSESSMENTS CODE TYPE YR CERTIFIED UNPAID CS 501 5 DEL T ICOMIS'APPENDIx 08/03/85 219 CO9 *- PARCEL —* *-'STATUS'-* *- CODE -* • *------------7= SITUS 16541 -1148 TAXABLE 140 . 12211 BROADWAY AVE FISCHER ANTON R -- -OWES TAXES - -> YR WEED F N 8116 PANORAMA DR . DEED # . CERT 85 1100 ' SPOKANE WA 99208.' 04131 UNPD . .50 LAST SEG N LAND USE OFFICES (NEC) 4 '7 -- SPECIAL ASSESSMENTS - ----* ,L: CODE 'TYPE,YR CERTIFIED UNPAID ,CS DEL 501- S LAST SALE DATE /PRICE /NUMBER.' LEGAL'OPP PERSONAL PROPERTY *- PARCEL - - -* *- STATUS -* * CODE -* * SITUS ADDRESS 16541 -1142 TAXABLE • 140 E .12109 BROADWAY, AVE. ROSAN INVESTMENTS -- -OWES TAXES--> '. YR WEED FIRE REGULAR X ROS I ER .ROBERT A . DEED A CERT 85 1.00 .00 670.44 E 16502 SPRAGUE AVE 05596 UNPD .50 '..0 : 335.22 VERADALE WA 99037 LAST SEG A LAST SALE DATE /PRICE /NUMBER 10182 58500 255596 PERSONAL.PROPERTY .(Y /N) N- LAS ',SALE DATE /PRICE /NUMBER 13078. 4900 174131: PERSONAL:PROPERTy- (y /N) UNITS AREA '1313 * -- LOT - -* WIDTH ' * VALISES DEPTH LAND IMPROVED 'TOTAL ,'. AREA 1700 11000 41600 .; >5260 DESI GNATED (Y /N) N' REG041TOF•.L4 84 i. PTNN : x cx*-* * - PA 16541 -1145 OADWAY -ASSO E YERADALE WA * - - -- SNORT LEGAL OPPORTUNITY PT OF 876 *-- BLDG -* * --- OWNER NAME It ADORES --- * YR �ppT 48 BROADWAY ASSN UNITS.' 1 .:AREA' ; 918 *_- LOT: WIDTH' 4 VALUES - =-- DEPTH -i LAND -IMPROVED. TOTAL ACRES AREA 20000 . 7200 ::_ 29700 36900 a . ,- _ > .:: `DESIGNATED "(Y /NY;N: LAST SALE DATE /PRICE /NUMBER LEGAL *OR TUNITY:PT Of 876, E60.72F1 OF.. W130.72F i)F SEI /4 ,_ 62885 48500 309851 PERSONAL PROPERTY (Y /N) N TS EX '--.STATUS -* *- CODE -* * SITUS ADDRESS * TAXABLE 140 E 12207 BROADWAY .AVE TERRE ' DEED # CERT 85 1 E0 FIRE RE 5 TS,E ATES - --OWES TAXES'--> YR WE " .50 .00 258.78 '2 LAST SEG M ADDRESS IRE REGULAR TS EX 00 2328.32 00 1164.16 2 *- -- --=-- SHORT•LEGAL -- = —* OPPORTUNITY W195:7FT OF *-- BLDG -* * - -- OWNER NAME &ADDRESS - -* YR BUILT 21 - ROSAN INVEST YR REMOD' UNITS . : <.1 AREA 1773' VALUES —* DEPTH, LAND IMPROVED. TOTAL AREA 63000 . 18000 29800 ,4780 ACRES > 'DESIGNATED (Y /N) N LEGAL - OPPORTUNITY W195.7FT OF S1 /2 876' * ----- SHORT LEGAL OPPORTUNITY PT OF 876 * -- BLDG * *--- OWNER NAME: & ADDRESS * YR BUILT 79'. ANTON R FISCHER YR'REMOO UNITS 1 AREA 3840 *-- LOT , * ';WIDTH 213 * .:VALUES DEPTH 85, LAND IMPROVED: TOTAL;`: A EAS 18105 43800 122200' 166000 DESIGNATED (Y/N) N LEGAL. OPPORTUNITY PT OF 876 , W85FT OF E1 96.08fT OF_S1 /2 EX N, 107FT S C A M E J I Q C ♦ a 4/ Order No.: 49828 C. Jon Nees Attorney at Law S. 323 Pines Spokane, Washington First American Title Company of Spokane West 704 First Avenue • Spokane, Washington 99204 • (509) 456 -0550 AMENDED PLAT CERTIFICATE Proposed Plat of: BROADWAY PROFESSIONAL CTR. I. CC.: Spokane Planning Spokane Co. Engineering IPEC Engineering This is a certificate as of August 28, 1985 at 8:00 A.M., for a plat of the following property: The Southwest quarter of Tract 76, OPPORTUNITY, according to plat recorded in Volume "K" of Plats, Pages 20 through 23; TOGETTHER WITH the West 70.00 feet of the Southeast quarter of said Tract 76; EXCEPT the West 195.70 feet of said Southwest quarter; AND EXCEPT the South 10.00 feet of said Tract 76 for Broadway' Avenue, situate in the County of Spokane, State of Washington. This Company certifies that record title is vested in BROADWAY ASSOCIATES, A WASHINGTON GENERAL PARTNERSHIP, COMPOSED OF ROBERT G. WENDEL AND MICHELE C. WENDEL, HUSBAND AND WIFE; LAYNE D. HINCKLEY AND LYNDA R. HINCKLEY, . — HUSBAND AND WIFE; MICHAEL A. TRANTOW AND LYNN K. TRANTCW, HUSBAND AND WIFE; RICHARD G. BRAUTIGAM AND LYNDA BRAUTIGAM, HUSBAND AND WIFE; AND BRUCE E. ALBERTUS AND NANCY J. ALBERTUS, HUSBAND AND WIFE; AND MICHAEL W. SILVEY AND CLAIRE SILVEY, HUSBAND AND WIFE, free from all liens, encumbrances and objections, except the followings: 1. PRE LTMTNARY ASSESSMENT: County of: .Spokane Amount: $4,871.52 Affects: Parcel No. 16541 -1169 Improvement: Utilities Improvement District No.: ULID District 85 -01 Filing Date: Spa 5V The lien of said assessment, as between Grantor and Grantee or seller and purchaser, attached thirty days after said filing date. *CONTINUED* Affiliated with First American Title Insurance Company Order No.: 49828 Page 2 - Continued 2. PRELIMINARY ASSESSMENT: County of: Spokane Amount: $6,053.60 Affects: Parcel No. 16541 -1170 Improvement: Utilities Improvement District No.: ULID District 85 -01 The lien of said Assessment attaches upon approval of County Commissioners and filing with the County Treasurer's Office. 3. PRELIMINARY ASSESSMENT: County of: Spokane Amount: $6,741.02 Affects: Parcel No. 16541 -1163 Improvement: Utilities Improvement District No.: ULID District 85 -01 The lien of said Assessment attaches upon approval of County Commissioners and filing with the County Treasurer's Office. 4. Right of way for ditches and pipelines as provided for in contract to Modern Electric Water Company, dated November 4, 1905, recorded in 'Volume "E" of Contract, Page 267 Inquiry should be made as to any unpaid charges by Modern Electric Water Company. 5. EASEMENT: Grantee: Pacific Northwest Bell Telephone Company, a Washington Corporation Purpose: the right, privilege and authority to place, construct, maintain, inspect, reconstruction, repair, replace, remove and keep obstacles clear from Grantee's facilities consisting of underground communication line and above ground closures and other appurtenances Recorded: June 28, 1985 Auditor's File No.: 8506280385 *CONTINUED* Order No.: 49828 Page 3 - Continued 6. DEED OF TRUST, ASSIGNMENT OF RENTS AND SECURITY ACRE MENTT: Grantor: Broadway Associates, a Washington general partnership composed of Robert G. Wendel and Michele C. Wendel, husband and wife, Layne D. Hinckley and Lynda R. Hinckley, husband and wife, Michael A. Trantow and Lynn K. Trantow, husband and wife, Richard G. Brautigam and Lynda Brautigam, husband and wife, Bruce E. Albertus and Nancy J. Albertus, husband and wife, and Michael W. Silvey and Claire Silvey, husband and wife Trustee-First American Title Insurance Company Beneficiary: Sterling Savings Association Original Amount: $260,000.00 Dated: August 9, 1985 Recorded: August 27, 1985 Auditor's File No.: 8508270250 Volume /Page: 769/1447 7. FINANCING STATEMENT: Debtor: Broadway Associates, a Washington general partnership Creditor: Sterling Savings Association For: security purposes Recorded: August 27,1985 Auditor's File No.: 8508270251 NOTES: 1. GENERAL TAXES PAID: Year 1985 Amount: $604.12 Tax Account No.: 16541 -1163 GENERAL TAXES PAID: Year: 1985 Amount: $286.14 Tax Account No:: 16541 -1169 GENERAL TAXES PAID: Year: 1985 Amount: $523.18 Tax Account No.: 11654 -1170 *CONTINUED* Order No.: 49828 Page 4 - Continued 2. POWER OF ATTORNEY: MSA /ln Fran: Broadway Associates TO: Bruce E Albertus Recorded: August 19,1985 Auditor's File No.: 8508190017 FIRST AMERICAN TITLE COMPANY OF SPOKANE J ..771 PM 682 DECLARATION OF COVENANT REQUIRING PRIVATE CONSTRUCTION AND MAINTENANCE OF PLAT APPROVED PRIVATE ROAD "Declaration of Covenant • "In consideration of the approval by Spokane County of BROADWAY PROFESSION- AL CENTER I, which said plat creates 5 lots (Lot 5 being the Common Area) described as follows: Lots 1 through 5, Block 1 of BROADWAY PROFESSIONAL CENTER I the undersigned covenants and agrees that: "1. The owner(s) of the aforedescribed property or of any lot which has been or is subsequently created on said property shall be responsible for the financing for construction and maintenance of all private roads within said plat. "2. The road shall be improved consistent with Spokane County standards for private roads. "' "3. Maintenance methods, standards, and financing shall be in a manner determined by the owners of a majority of the square footage of buildable land within such aforedescribed property. "4. Owners of lots within the above referenced plat, who are served by such private road, may sue and recover from any owner of any lot within said plat which similarly served who refuses to participate in the road construction, financing, and maintenance. Such owners who refuse to share the costs under the percentage set forth above shall be liable for any attorneys fees. "5. WARNING: Spokane County has no responsibility to build, improve, maintain or otherwise service the private roads contained with or providing service to the property described in this plat. By accepting this plat or subsequently by allowing a building permit to be issued on property on a private road, Spokane County assumes no obligation for said private road and the owners hereby acknowledge that the County has no obligation of any kind or nature whatsoever to establish, examine, survey, construct, alter, repair, improve, maintain, provide drainage or snow removal on a private road. This requirement is and shall run with the land and shall be binding upon the owner, their heirs, successors or assigns including the obligation to participate in the maintenance of the private road as provided herein." -1- IN WITNESS WHEREOF, the undersigned being the Declarant herein, has hereunto set its hand and seal (if any) this 4 _ day of j M, €C , 1985. BROADWAY ASSOCIATES, a Washington General Partnership 1 artner LAYNE D. HIN KLE', Gener by �ru , us A :n ey in Fact MICHAEL TRANTOW, General Partner by ,,Itorney in Fact ROBERT G. WENDEL, General 'artner b Bruce A tus, ttorney in Fact i ✓t 'ICH'RD G. BRAUTIGAM, Ge ral Partner by ucler s ttoy in Fact CE E. ALBERTUS, General Partner by 7.71 PACE 6.8j - 4 t� amg . H ' K EY, General Parr ar c Akbe i At EI r in Fact NK. T AYe General Par by BA1{ger tt in Fact fY1e G u/rge.„ MICHELE C. WENDEL, General Partner by Br c e E.. Al t s tto ey in Fact Fitip ' i L DA M. BRAUTIG' , Gener- Partner by B ru erth+s,,-�Jsfr) me in Fact MICHAEL W. SILVEY, General 'artner CLATfE SIL VE,, Ge eral Partner Bruce EtAlb21182 At ey in Fact by Br E. Al NA Y by Br Fact U , General Partner Alb tus, 't orn: at Fact STATE OF WASHINGTON ) ss County of Spokane ) On this 7 n day of sd 41„<_i , 1985, before me personally appeared BRUCE E. ALBERTUS, to me known to be the individual described in and who executed the foregoing instrument for himself and also as Attorney in Fact for LAYNE D. HINCKLEY, LYNDA R. HINCKLEY, ROBERT G. WENDEL, MICHELE C. WENDEL, MICHAEL TRANTOW, LYNN K. TRANTOW, RICHARD G. BRAUTIGAM, LYNDA M. BRAUTIGAM, MICHAEL W. SILVEY, CLARE SILVEY, and NANCY J. ALBERTUS, and acknowledged that he signed the same as his free and voluntary act and deed for himself and also as his free and voluntary act and deed as Attorney in Fact for said general partners for the uses and purposes therein mentioned, and on oath ,stated that the Power of Attorney authorizing the execution of this instrument ✓hLas;oot been revoked and that the said principals are now living. 42442,96 NOTARY PUBLIC in and for the State of Washington, residing at Spokane CONSENT TO RECORDATION OF DECLARATION STERLING SAVINGS ASSOCIATION, which is the holder of a recorded deed,of trust covering the property described in the foregoing Declaration, hereby acknowledges that it has read and approves the Declaration. Dated: 0 c ( l / , 1985. STERLING aA IGS ASSO L above written. SEP 5 10 54 WILLIAM E. UKTNAIIUE • AU01TOR %MAMI 0001 r' WASH. COUNTY �. YOUNG S 25 Altamont 99202 By: Vice 'resid ACKNOWLEDGMENT Witness my hand and officia S eal beret, 1' ILECT UH 1'tEG0it17,EDd ip' ,Iib]..aucLPacific Engineering -3 VL1. :171 s PhGE 684 STATE OF WASHINGTON ) ) ss County of Spokane ) On this day of t ' - `5 \-7 ` - S\ 1985, before me, the under- signed, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared GARY CRITHFIELD to me known to be the Vice President of STERLING SAVINGS ASSOCIATION, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument and that the seal affixed (if any) is the corporate seal of said corporation. foxed the day and year first NOTARY PUBLIC in and for the State of Washington, residing at Spokane ps •t AMER, C N 2 a� 1 Order No.: 49828 C. Jon Nees Attorney at Law S. 323 Pines Spokane, Washington First American Title Company of Spokane West 704 First Avenue • Spokane, Washington 99204 • (509) 456 -0550 1. PRELIMINARY ASSESSMENT: PLAT CERTIFICATE RF S s o h \ /U . 4 ��� 9 (98 Proposed Plat of: BROADWAY PROFESSIONAL LIR. I. This is a certificate as of August 28, 1985 at 8:00 A.M., for a plat of the following property: The Southwest quarter of Tract 76, OPPORTUNITY, according to plat recorded in Volume "K" of Plats, Page 20, in Spokane County, Washington;. TOGETHER WITH the West 70.00 feet of the Southeast quarter of said Tract 76; EXCEPT the West 195.70 feet of said Southwest quarter; AND EXCEPT the South 10.00 feet of said Tract 76 for Broadway Avenue. This Company certifies that record title is vested in BROADWAY ASSOCIATED, A WASHINGTON GENERAL PARTNERSHIP, COMPOSED OF ROBERT G. WENDEL AND MICHELE C. WENDEL, HUSBAND AND WJJE;.LAYNE D. HINCKLEY AND LYNDA R. HINCKLEY, HUSBAND AND WIFE; MICHAEL TRANDOW AND LYNN K. TRANTOW, HUSBAND AND WIFE; RICHARD G. BRAUTIGAM AND LYNDA BRAUTIGAM, HUSBAND AND WIFE; AND BRUCE E. ALBERTUS AND NANCY J. ALBERTUS, HUSBAND AND WIFE; AND MICHAEL W. SILVEY AND CLAIRE SILVEY, HUSBAND AND WIFE, free from all liens, encumbrances and objections, except the following:. County of: Spokane Amount: $4,871.52, Affects: Parcel No. 16541 -1169 Improvement: Utilities Improvement District No.: ULID District 85 -01 The lien of said Assessment attaches upon approval of County Commissioners and filing with, the County Treasurer's Office. *CONTINUED* Affiliated with First American Title Insurance Company 0 2. Order No.: 49828 Page 2 - Continued 2. PRELIMINARY ASSESSMENT: County of: Spokane Amount. $6,053.60 Affects: Parcel No. 16541 -1170 Improvement: Utilities Improvement District No.: ULID District 85 -01 3. PRELIMINARY ASSESSMENT: County of: Spokane Amount: $6,741.02 Affects: Parcel No. 16541 -1163 Improvement: Utilities' . Improvement District No.: ULID District 85 -01 The lien of said Assessment attaches upon approval of County Commissioners and filing with the County Treasurer's Office. 4. Right of way for ditches and pipelines as provided for in contract' to Modern Electric Water Company, dated November 4, 1905, recorded in Volume "E" of Contract, Page 267 Inquiry should be made as to any unpaid charges by Modern Electric Water Company. 5. EASEMENT: The lien of said Assessment attaches upon approval of County Commissioners and filing with the County Treasurer's Office. Grantee: Purpose: Recorded: Auditor's Pacific Northwest Bell Telephone Company, a Washington Corporation the right, privilege and authority to place, construct, maintain, inspect, reconstruction, repair, replace, remove and keep obstacles clear fram Grantee's facilities consisting of underground communication line and above ground closures and other appurtenances June 28, 1985 File No.: 8506280385 *CONTINUED* \. r: F l r • _ First American Title Company of Spokane West 704 First.4tenuee • Spokane. Washington 99204 • '50.9r 4.56 -0550 ORDER NO. 9 Z6 • / MAP VOL t— PAGE 20 / SEC TWP RGE N I\ �- - . T 9 7n. I "FT F I H 0 � C i6 N T-46. - 9 1q 1: E l r (C Fif i. 1 _a ,5g K , Q � I 4 ILJ C S9: CO L t f' 1 - L t int 1 4e .° Id '1 . 1 j p s' ti'f; ; :1 V • 1 � 1 � 9 i ^./ r! : ai - r 4 1 • This sketch is furnished as a courtesy only by First American Title Insurance Company and it is NOT a part of any title commitment or policy of title insurance. This sketch is furnished solely for the purpose of assisting in locating the premises and does not purport to show all highways, roads or easements affecting the property. No reliance should be placed upon this 'sketch for the location or dimensions of the property and no liability is assumed for the correctness thereof. Afritiuh•d Fir,/ Am. lean Tali.' Iti Curuprur•: DECLARATION OF COVENANT REQUIRING PRIVATE CONSTRUCTION AND MAINTENANCE OF PLAT APPROVED PRIVATE ROAD "Declaration of Covenant the undersigned covenants and agrees that: RECEIVED `JUL 1 9 1985 County Engineering "In consideration of the approval by Spokane County of BROADWAY PROFESSION- AL CENTER I, which said plat creates 5 lots (Lot 5 being the Common Area) described as follows: Lots 1 through 5, Block 1 of BROADWAY PROFESSIONAL CENTER I "1. The owner(s) of the aforedescribed property or of any lot which has been or is subsequently created on said property shall be responsible for the financing for construction and maintenance of all private roads within said plat "2. The road Ahall be improved consistent with Spokane County standards for parking riva.fe roads. "3. Maintenance methods, standards, and financing shall be in a manner determined by the owners of a majority of the square footage of buildable land within such aforedescribed property. "4. Owners of lots within the above referenced plat, who are served by such private road, may sue and recover from any owner of any lot within said plat which similarly served who refuses to participate in the road construction, financing, and maintenance. Such owners who refuse to share the costs under the percentage set forth above shall be liable for any attorneys fees. "5. WARNING: Spokane County has no responsibility to build, improve, maintain or otherwise service the private roads contained with or providing service to the property described in this plat. By accepting this plat or subsequently by allowing a building permit to be issued on property on a private road, Spokane County assumes no obligation for said private road and the owners hereby acknowledge that the County has no obligation of any kind or nature whatsoever to establish, examine, survey, construct, alter, repair, improve, maintain, provide drainage or snow removal on a private road. .This requirement is and shall run with the land and shall be binding upon the owner, their heirs, successors or assigns including the obligation to participate in the maintenance of the private road as provided herein." — 1 — lie 547h.te:i V BROADWAY ASSOCIATES, a Washington teneral Partnership DuraWJ c n e LAYNE D. HINCKLEY, General Partner LYNDA R. HINCKLEY, General Partner by Bruce E. Albertus, Attorney in Fact by Bruce E. Albertus, Attorney in Fact MICHAEL TRANTOW, General Partner LYNN K. TRANTOW, General Partner by Bruce E. Albertus, Attorney in Fact by Bruce E. Albertus, Attorney in Fact ROBERT G. WENDEL, General Partner MICHELE C. WENDEL, General Partner by Bruce E. Albertus, Attorney in Fact by Bruce E. Albertus, Attorney in Fact RICHARD G. BRAUTIGAM, General Partner LYNDA M. BRAUTIGAM, General Partner by Bruce E. Albertus, Attorney in Fact by Bruce E. Albertus, Attorney in Fact MICHAEL W. SILVEY, General Partner CLARE SILVEY, General Partner by Bruce E. Albertus, Attorney in Fact by Bruce E. Albertus, Attorney in Fact BRUCE A. ALBERTUS, General Partner NANCY J. ALBERTUS, General Partner by Bruce E. Albertus, Attorney at Fact STATE OF WASHINGTON ) On this day of , 1985, before me personally appeared BRUCE E. County of Spokane ) ALBERTUS, to me known to be the individual described in and who executed the foregoing instrument for himself and also as Attorney in Fact for LAYNE D. HINCKLEY, LYNDA R. HINCKLEY, ROBERT G. WENDEL, MICHELE C. WENDEL, RICHARD G. BRAUTIGAM, LYNDA M. BRAUTIGAM, MICHAEL W. SILVEY, CLARE SILVEY, and NANCY J. ALBERTUS, and acknowledged that he signed the same as his free and voluntary act deed as Attorney in Fact for said general partners for the uses and purposes therein mentioned, and on oath stated that the Power of Attorney authorizing the execution of this isntrument has not been revoked and that the said principals are now living. Given under my hand and official seal the day and year last above written. NOTARY PUBLIC in and for the State of Washington, residing at Spokane - 2 - <5 CONSENT TO RECORDATION OF DECLARATION STERLING SAVINGS ASSOCIATION, which is the holder of a recorded deed of trust covering the property described in the foregoing Declaration, hereby acknowledges that it has read and approves the Declaration. Dated: , 1985. STATE OF WASHINGTON ) ) ss County of Spokane ) STERLING SAVINGS ASSOCIATION By: Vice - President ACKNOWLEDGMENT On this day. of , 1985, before me, the under- signed, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared GARY CRITHFIELD to me known to be the Vice President of STERLING SAVINGS ASSOCIATION, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument and that the seal affixed (if any) is the corporate seal of said corporation. Witness my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC in and for the State of Washington, residing at Spokane 3 Inland I �� Engineering South 25 Altamont Spokane, Washington 509 535 -1410 99202 GARY it/Ezsav TO: SPOKANE_ GOU,V7Y DIG PROJECT: �3ROA PRO FESS /OVAL CaffE7< ATTENTION: Gentlemen: We are sending (-1 enclosed ( ) under separate cover copies of the following: Description / / Blueline Prints / / Copy of Letter / / Original Drawing / / Contract Documents / / Work Authorization / / Report No. Copies Date Descri tion ,51/5R5 mq n; and Ackoowled men 6 Fr offsit�. Darin pond � l;S i Requested Action PI Information / / Review & Comments / / Written Approval / / Signature & Return Remarks A5 We (,l kcussed Sincerely, f ,avt also INLAND PACIFIC ENGINEERING COMPANY, INC. By: TrAhsmittal DATE: AUGUST /.5 /9e.5 5 l7" L +/ LPtsc42/7rY1 // // / / Distribution // E/fr o . d ' S Fzrda sai I S a ctr �tcnn, utk_. / t - -. m Q -ease - 4ocam f'. • / a (`' !tie Qe as /he- //t and acknow a/vnieS r i 'ze rant .c_4 r RECEIVED AUG 15 1985 County Engineering CO CO cn 1.61 to W c:1 August 15,1985 LEGAL DESCRIPTION Drainage Easement The South 40.00 feet of the Southeast Quarter of Tract 76 of Opportunity, as per plat thereof recorded in Volume "K" of Plats, pages 20 -23; EXCEPT the West 70.00 feet of said Southeast Quarter of Tract 76 AND EXCEPT the East 196.08 feet of said Southeast Quarter of Tract 76 AND EXCEPT the South 10.00 feet of said Tract 76 for additional right of way for Broadway Avenue; Situate in the County of Spokane, State of Washington. 0 ,,41 h-e, Tra Ow)at'5 1 BROADWAY ASSOCIATES, a Washington teneraartnership LAYNE D. HINCKLEY, General Partner LYNDA R. HINCKLEY, General Partner by Bruce E. Albertus, Attorney in Fact by Bruce E. Albertus, Attorney in Fact MICHAEL TRANTOW, General Partner LYNN K. TRANTOW, General Partner by Bruce E. Albertus, Attorney in Fact by Bruce E. Albertus, Attorney in Fact ROBERT G. WENDEL, General Partner MICHELE C. WENDEL, General Partner by Bruce E. Albertus, Attorney in Fact by Bruce E. Albertus, Attorney in Fact RICHARD G. BRAUTIGAM, General Partner LYNDA M. BRAUTIGAM, General Partner by Bruce E. Albertus, Attorney in Fact by Bruce E. Albertus, Attorney in Fact MICHAEL W. SILVEY, General Partner CLARE SILVEY, General Partner by Bruce Albertus, Attorney in Fact by Bruce E. Albertus, Attorney in Fact BRUCE A. ALBERTUS, General Partner NANCY J. ALBERTUS, General Partner by Bruce E. Albertus, Attorney at Fact STATE OF WASHINGTON ) On this day of , 1985, before me personally appeared BRUCE E. County of Spokane ) ALBERTUS, to me known to be the individual described in and who executed the foregoing instrument for himself and also as Attorney in Fact for LAYNE D. HINCKLEY, LYNDA R. HINCKLEY, ROBERT G. WENDEL, MICHELE C. WENDEL, RICHARD G. BRAUTIGAM, LYNDA M. BRAUTIGAM, MICHAEL W. SILVEY, CLARE SILVEY, and NANCY J. ALBERTUS, and acknowledged that he signed the same as his free and voluntary act deed as Attorney in Fact for said general partners for the uses and purposes therein mentioned, and on oath stated that the Power of Attorney authorizing the execution of this isntrument has not been revoked and that the said principals are now living. Given under my hand and official seal the day and year last above written. NOTARY ?UBLIC in and for the State of Washington, residing at Spokane - 2 - CONSENT TO RECORDATION OF DECt*RATION_ STERLING SAVINGS ASSOCIATION, which is the holder of a recorded deed of trust covering the property described in the foregoing Declaration, hereby acknowledges that it has read and approves the Declaration. Dated: , 1985. STATE OF WASHINGTON ) ) SS County of Spokane ) STERLING SAVINGS ASSOCIATION By: Vice - President ACKNOWLEDGMENT Mse - n or On this day of , 1985, before me, the under- signed, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared GARY CRITHFIELD to me known to be the Vice President of STERLING SAVINGS ASSOCIATION, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument and that the seal affixed (if any) is the corporate seal of said corporation. Witness my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC in and for the State of Washington, residing at Spokane - 3 - DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS of BROADWAY PROFESSIONAL CENTER P.U.D. RECEI bED JUL 23. 1985 County Engineering THIS DECLARATION, made on the date hereinafter set forth by BROADWAY ASSOCIATES, a Washington General Partnership consisting of Layne D. and Lynda R. Hinckley, husband and wife; Michael and Lynn K. Trantow, husband and wife; Robert G. and Michele C. Wendel, husband and wife; Richard G. and Lynda M. Brautigam, husband and wife; Bruce E. and Nancy J. Albertus, husband and wife; and Michael W. and Clare Silvey, husband and wife, as partners, hereinafter referred to as "Declarant ". WITNESSETH: WHEREAS, Declarant is the owner of certain property in Spokane, County of Spokane, State of Washington, which is more particularly described in Schedule "A" attached hereto and by this reference made a part hereof as fully as though set forth herein; and WHEREAS, the Declarant desires to develop the property as a planned unit development. NOW THEREFORE, Declarant hereby declares that all the properties described above shall be held, sold, and conveyed subject to the following easements, restrictions, covenants and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors, and assigns, and shall inure to the benefit of each owner thereof. ARTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to BROADWAY PROFESSIONAL CENTER OWNERS ASSOCIATION, its successors and assigns. Section 2. 'Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 3. "Architectural Review Committee" shall mean the committee appointed pursuant to the provisions of ARTICLE VII. Section 4. "Properties" shall mean and refer to that certain real property hereinbefore described, and such additions thereto as may hereafter be brought within the jurisdiction of the Association. Section 5. "Common Area" shall mean all real property (including the improvements thereto) owned by the Association for the common use and enjoyment of the owners. The Common Area to be owned by the Association at the time of the conveyance of the first lot is described in Schedule "B" attached hereto and by this reference made a part hereof as fully as though set forth herein. Section 6. "Office Structure" shall mean and refer to all office buildings situated upon the Properties with the exception of the Common Area. Section 7. "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties with the exception of any Common Areas. Section 8. "Declarant" shall mean and refer to BROADWAY ASSOCIATES, a Washington General Partnership, its successors and assigns if such successors or assigns should acquire more than one lot from the Declarant for the purpose of development. ARTICLE II SUBJECTION OF PROPERTY TO THE PROVISIONS OF THIS DECLARATION The Property is hereby subjected to the covenants, conditions, restrictions and other provisions of this Declaration. ARTICLE III PROPERTY RIGHTS Section 1. Owners' Easements of Enjoyment. Every owner shall have a right and easement of enjoyment in and to the Common Area which shall be apurtenant to and shall pass with the title to every residential unit, subject to the following provisions: (a) the right of the Association to establish reasonable rules and regulations for the use of any improvements or facilities situated upon the Common Area; (b) the right of the Association to suspend the voting rights and right to use of the Common Area by an owner for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed 60 days for any infraction of its published rules and regulations; (c) the right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer signed by two- thirds (2/3) of the members had been recorded. Section 2. Delegation of Use. Any owner may delegate, in accordance with the By -Laws, his right of enjoyment to the Common Area and facilities to the members of his family; his tenants; his clients; guests and invites; or contract purchasers. ARTICLE IV MEMBERSHIP AND VOTING RIGHTS Section 1. Every owner of a Lot which is subject to assessment shall be a member of the Association. Membership shall be appurtenant to any and may not be separated from ownership of any Lot which is subject to assessment. Section 2. Each member shall be entitled to one vote for each lot. When more than one person holds an interest in any lot, all such persons shall be members. The vote of such lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any lot. ARTICLE V COVENANT FOR MAINTENANCE ASSSESSMENTS Section 1. Creation of the Lien and Personal Obligation of Assessments and Utility Charges. The Declarant, for each Lot owned within the Properties, hereby covenants, and each Owner or any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Asssociation: (1) annual assessments or charges; (2) special assessments for capital improvements; and (3) utility charges. Such assessments and utility charges to be established and collected as hereinafter provided. The annual and special assessments and utility charges, together with interest, costs, and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment and charge, together with interest, costs, and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment or charge fell due. The personal obligation for delinquent assessments and charges shall not pass to his successors in title unless expresssly assumed by them. Section 2. Purpose of Assessments. The assessment levied by the Association shall be used exclusively to promote the recreation, health, 3 safety, and welfare of the owners and tenants of the Properties and for the improvement and maintenance of the Common Area. Section 3. Maximum Annual Assessment. Until January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment shall be Three Thousand and no /100 Dollars ($3,000.00) per lot. (a) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased each year not more than 5% (or a percentage determined by the increase in the Consumer Price Index, whichever is greater) above the maximum assessment for the previous year without a vote of the membership. (b) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased above 5% by a vote of two- thirds (2/3) of each class of members who are voting in person or by proxy, at a meeting duly called for this purpose. (c) The Board of Directors may fix the annual assessment at an amount not in excess of the maximum. Section 4. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of two - thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose. Section 5. Notice and Quorum for any Action Authorized Under Sections 3 and 4. Written notice of any meeting called for the purose of taking any action authorized under Section 3 and 4 shall be sent to all members not less than 30 days nor more than 60 days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast sixty percent (60 %) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one -half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than 60 days following the preceding meeting. Section 6. Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all Lots and may be collected on a monthly basis. 4 Section 7. Date of Commencement of Annual Assessments: Due Dates. The annual assessments provided for herein shall commence as to all Lots on the first day of the month following the conveyance of the Common Area. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A properly executed certificate of the Association as to the status of assessments on a Lot is binding upon the Association as of its issuance. Section 8. Charges for Utility Services. (a) Direct Charges: Charges to the individual lots for natural gas, power and electricity will be made directly by the utility company (Modern Electric). to the Lot Owner beginning with the first occupancy of the unit placed on said Lot. First occupancy means when the first individual service is requested for an Owner or renter of the unit. Charges for telephone, cable television and individual security services will be similarly charged directly to Owner for the service. (b) Charges to be Paid Through the Association: Water, sewer. and garbage service except where other arrangements have been made will be collected from the individual Lot Owners and paid to the entity furnishing the service (Modern Electric /Valley Garbage) by the Association. Utility charges will be imposed by the Association and create a lien upon the Lots using the service. (c) Solid Waste Disposal - The Association may elect to provide dumpsters at specified locations to service the units as well as the Common Areas. Then the Association will charge each Lot beginning with first occupancy, a utility charge for the garbage service. After first occupancy, each Lot will be charged for the utility charge whether the unit be thereafter occupied or not. The utility charge is to be determined by dividing the cost of service by the number of individual lots subject to the utility charge. The Owner of each Lot after first occupancy of his unit shall pay his proportionate share. Section 9. Effect of Nonpayment of Assessments and Charges: Remedies of the Association. Any assessment or charge not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of 12 percent (12 %) per annum. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property. No Owner may waive or otherwise escape liability for the assessments or charges provided for herein by non -use of the Common Area or abandonment of his Lot. Section 10. Subordination of the Lien to Mortgages. The lien of the assessments and charges provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessments and charges as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. ARTICLE VI. COMMUNITY RULES AND REGULATIONS In the exercise of its powers and in the performance of its obligations pursuant to this Declaration or to any Supplemental Declaration, the Association may adopt, amend or repeal rules and regulations to be known as the Community Rules and Regulations to provide for the manner in which Common Areas shall be used. Community Rules and Regulations may, among other things, provide for any of the following: (a) For speed and other traffic controls, safety patrols, parking controls, and restrictions upon the type of vehicles which may use roadways and pedestrian paths. (b) For the times and manner in which spaces within Common Areas may be used. (c) For charges for services to be supplied by the Association to be applied uniformly to all lot owners and their guests and clients. (d) For the control of noise, for litter control and trash disposal, and for the personal conduct of owners and their guests and clients while in the Common Areas. (e) For the conditions upon which guests and clients of owners will be entitled to use Common Areas. All Rules and Regulations must be applicable on a non - discriminatory basis. However, provisions uniformly applicable to a class of persons, such as children of particular ages, will not be deemed discriminatory. A current copy of the Community Rules and Regulations shall be kept on file at the principal office of the Association at all times. Such Rules and Regulations shall have the same force and effect as if set forth herein as part of this Declaration. Each Lot Owner will be given a copy of such Rules and Regulations and copies of any changes thereto when made. ARTICLE VII ARCHITECTURAL REVIEW Section 1. Function of Architectural Review Committee. The Architectural Review Committee shall exercise the functions for which it is given responsibility in any Supplemental Declaration or in this Declaration. Generally, the Architectural Review Committee will be responsible for the approval of plans and specifications for the development of Lots and office structure and for the promulgation and enforcement of its rules and regulations governing the use and maintenance of lots and residential units and the improvements thereon. All such rules and regulations of the Architectural Review Committee shall be deemed to constitute part of the Community Rules and Regulations. Section 2. Members: Term and Removal. The Architectural Review Committee shall consist of three persons who shall be appointed by the Association to three -year terms. Members of the Architectural Review Committee may be removed and replaced at any time by the Board of Directors of the Association. The Board shall keep on file at its principal office a list of the names and addresses of the members of the Architectural Review Committee. Section 3. Action. Except as otherwise provided herein, any two members of the Architectural Review Committee shall have the power to act on behalf of the Committee without the necessity of a meeting and without the necessity of consulting the remaining members of the Committee. The Committee may render its decisions only by written instrument setting forth the action taken by the members consenting thereto. Section 4. Failure to Act. If at any time the Architectural Review Committee shall for any reason fail to function, the Board shall have complete authority to serve as a pro tem Architectural Review Committee. Section 5. Duties and Rules. No person shall construct or reconstruct any improvement on any unit, or alter or refinish the exterior of any improvement on any structure, make any change in any structure, whether by excavation, fill, alteration of existing drainage, or the planting, cutting, or removal of vegetation, shrubs, or trees, install a utility, outside antenna, or other outside wire on a structure unless such person has first obtained the approval of the Architectural Review Committee. The Architectural Review Committee shall consider and act upon all matters properly submitted to it pursuant to this Declaration or any Supplemental Declaration. In furtherance of this function, the Architectural Review Committee may, by unanimous vote, from time to time and in its sole discretion adopt, amend or repeal rules and regulations to be known as the "Architectural Review Committee Rules" establishing its operating procedures and interpreting, detailing and implementing the provisions of the instruments pursuant to which it is charged with responsibility. The Architectural Review Committee may establish a reasonable fee to be paid to it to cover its costs incurred in considering and acting upon matters submitted to it. Such fees shall be paid to the Association. A current copy of the Architectural Review Committee Rules shall be kept on file at the principal office of the Association at all times. Such rules have the same force and effect as if set forth herein as part of this Declaration. Section 6. Non - waiver. Consent by the Architectural Review Committee to any matter proposed bo it or within its jurisdiction shall not be deemed to constitute a precedent or waiver impairing its right to withhold approval as to any similar matter thereafter proposed or submitted to it for consent. Section 7. Estoppel Certificate. Within 30 days after written demand therefore by an Owner, the Architectural Review Committee shall execute and deliver to the Owner requesting the same an estoppel certificate certifying with respect to the Lot or residential unit of such Owner that, as of the date of the certificate, either (a) all improvements and other work comply with the provisions of this Declaration and any applicable Supplemental Declaration and with all restrictions, rules and regulations adopted in or pursuant thereto, or (b) that such improvements and work do not so comply for reasons specified in the certificate. Any purchaser or mortgagee of a Lot or office structure may rely on such certificate with respect to the matters set forth therein, such matters being conclusive against the Association and all Owners. Section 8. Liabilities. Neither the Architectural Review Committee nor any member thereof shall be liable to any Owner or the Association (or to any other party as a result of any certificate furninshed pursuant to Section 7 above) for any damage, loss or prejudice suffered or claimed on account of any action or failure to act of the Committee or a member thereof, provided only that the member has acted in good faith. ARTICLE VIII EXTERIOR MAINTENANCE Section 1. Common Areas. The Association shall maintain all Common Areas and facilities, the entry gates, roadways, pathways, street lighting, and signage located within the Property. Section 2. Office Structure. Each individual Owner or contract purchaser shall be obligated to provide exterior maintenance on his own lot and shall maintain the Lot and any improvements thereon in a neat, sanitary and attractive condition. However, in the event an Owner or contract purchaser of any lot subject to assessment shall fail to maintain the premises and the improvements situated thereon in a manner satisfactory to the Architectural Review Committee provided for in Article VII, the Association shall have the right, through their agents or employees, to enter upon said premises and to repair, maintain and restore the Lot and the exterior of the buildings and any other improvements erected thereon. The cost of such exterior maintenance shall be added to and become a part of the annual assessment of the Lot on which that work was performed. ARTICLE IX GENERAL PROTECTIVE COVENANTS Section 1. Professional Office Character of Property. No structures or buildings of any kind shall be erected, altered, placed or permitted to remain on any lot or building site other than one intended for a professional office or business occupancy only, not to exceed two stories in height measuring thirty (30) feet maximum from the natural contour at the center of the building position to the ridge line of the structure. Section 2. Lot Sizes. No structure shall be erected or placed on any lot or building site which has a (lot or building site) area of less than the minimum size lot shown on the face of the recorded plat. Section 3. Use of Temporary Structures Prohibited. No trailer, basement, tent, shack, garage, barn or other out - buildings or out structure of a temporary character erected or placed on the property shall at any time be used temp- orarily or permanently. Section 4. Signs. Unless written approval is first obtained from the Architectural Review Committe, no sign of any kind shall be displayed to the public view on any lot except one professional sign of not more than ten (10) square feet advertising occupancy of the building. Section 5. Animals. No animals, livestock or poultry of any kind shall be raised, bred or kept on any part of said property. Section 6. Trash and Garbage Colleciton. No part of said property shall be used or maintained as a dumping ground for rubbish, trash, garbage or other waste. No garbage, trash or other waste shall be kept or maintained on any part of said property except in a sanitary container. Section 7. Nuisances. No noxious or offensive condition or anything which may be or become an annoyance or nuisance to the properties shall be permitted. Section 8. Common Areas. All Owners are entitled to an equal share in the rights, interests, privileges, and obligations of the Association. The Owners shall have the right to use all common areas subject to the rules, regulations and restrictions applicable thereto. All common areas are to be maintained by the Association and no changes in the equipment, design, decor, landscaping, removal or trimming of trees, lawns or shrubs will be permitted without written authorization by the Architectural Review Committee. Section 9. Pathways. All walks, streets, and paths located on common areas are for the use of Association members on an equal basis, subject to reasonable rules and regulations promulgated in writing by the Association. It shall be the responsibility of each member to allow maximum ease of pedestrian and vehicular ingress and egress over walks, streets, and driveways by prohibiting automobile parking in driving lanes or in the driveways or paths and allowing no obstruction or barrier on, across or adjacent to sidewalks or paths which would interfere with any other member's use of the common areas or access to his office structure. Section 10. Building Exteriors. Owners are expressly prohibited from painting or changing the exterior of any building, garage, fence or wall without the written permission of the Architectural Review Committee. Section 11. Antennae. Antennae are prohibited outside any building without permission from the Architectural Review Committee. Section 12. Date for Completion of Construction. Any dwelling or structure erected or placed on any lot shall be completed as to external appearance, including finished painting, within nine (9) months from the date of commencement of construction. ARTICLE X EASEMENTS Section 1. Common Areas. All conveyances of land situated within said Property, made by the Declarant, and by all persons claiming by, through or under Declarant, shall be subject to the foregoing restrictions, conditions and covenants whether or not the same be expressed in the instruments of conveyance, and each and every such instrument of conveyance shall likewise be deemed to grant and reserve, whether or not the same be declared therein, mutual and reciprocal easements over and across all of the common areas for the purpose of traveling by foot or other conveyance or resting or otherwise being thereon. Section 2. Utility Easements. On each lot, an easement is granted to the Association under and upon ten -foot . trips of land adjacent to front, side and rear Lot lines and for utility installation and maintenance, including but not limited to, power, telephone, water, sewer, drainage, and gas, together with the right to enter upon such lots at all times for said purposes. Additional utility easements are granted to the Association as shown on the recorded plat and others may be recorded by the Association as Grantor. 10. Section 3. Exterior Maintenance. An easement over, upon and across all parts of said property is granted and reserved to the Association, its successors and assigns to the extent reasonably required to perform exterior maintenance if necessary, as provided in ARTICLE VIII, and to the extent reasonably necessary to perform other maintenance reasonably necessary or advisable to protect or preserve the value of said property and the residences thereon. ARTICLE XI GENERAL PROVISIONS Section 1. Enforcement. The Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 2. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. Section 3. Amendment. The covenants and restrictions of this Declaration shall run with and bind the land, for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years. This Declaration may be amended during the first twenty (20) year period by an instrument signed by not less than ninety percent (90 %) of the Lot Owners, and thereafter by an instrument signed by not less than two- thirds (2/3) of the Lot Owners. Any amendment must be recorded. Section 4. Annexation. Additional property and Common Area may be annexed to the Properties with the consent of two- thirds (2/3) of the members. Section 5. No Right of Reversion. Nothing in this Declaration, or in any form of deed which may be used by Declarant, or its successors and assigns, in selling said property, or any part thereof, shall be deemed to vest or reserve in Declarant or the Association any right of reversion or re -entry for breach or violation of any one or more of the provisions hereof. Section 6. Right of Mortgagees Relating to Maintenance. At any time that any part of the common area, or any other part of said property or any building or improvement located thereon is not properly maintained and kept in good order and repair, to the extent reasonably necessary to protect and preserve the appearance and value thereof and the appearance and value of the remainder of said property, then the record owner of any mortgage or trust deed upon any part of said property or building thereon, upon giving written notice as hereinafter provided, shall be entitled to exercise the rights of the 11 mortgagor -owner of such property as a member of the Association to vote at all regular and special meetings of the members of the Association for a period of one year following the date of such notice. During said period of time such mortgagors shall be given notice of all regular and special meetings of the Association, the owner - mortgagor shall receive such notice also and may attend such meetings as an observer. Said notice shall quote this paragraph and shall be sent by Certified United States mail, return receipt requested, to the owner- mortgagor, a copy by regular mail to the Association at last known address of each. Section 7. Insurance. The Association shall at all times cause all buildings and improvements owned by the Association, to be insured with broad form fire and extended coverage insurance for the full replacement value thereof. This insurance shall be payable to any mortgagees, and to the Association, as their respective interests may appear. The Directors of the Association shall be the attorney in fact for all owners for the adjustment and settlement of any claim or loss under such insurance. The Association shall obtain general comprehensive liability insurance insuring the Board, the Association, the Owners, Declarant and managing agent, if any, against any liability to the public or the Owners of units and their invitees or tenant incident to the ownership of the Common Areas. Section 8. Right of Entry. A representative of the Association or any member of the Architectural Review Committee authorized by the Association may at any reasonable time, and from time to time at reasonable intervals, enter upon any Lot for the purpose of determining whether or not the use of such Lot or any improvement thereon is then in compliance with the provisions of this Declaration or any Supplemental Declaration. No such entry shall be deemed to constitute a trespass or otherwise to create any right of action in the Owner or occupant of such parcel. Section 9. Expenses and Attorneys' Fees. In the event of any suit or action to enforce any provision contained in this Declaration or in a Supplemental Declaration, to collect any money due thereunder or to foreclose a lien, the prevailing party in such suit or action shall be entitled to recover all costs and expenses incurred in connection with such suit or action, including a foreclosure title report, and such amount as the court may determine to be reasonable as attorneys' fees therein, including attorneys' fees incurred in connection with any appeal from a decision of the trial court or an intermediate appellate court. Section 10. Nonexclusiveness and Accumulation of Remedies. Election by the Board or the Association to pursue any remedy provided for herein or in any Supplemental Declaration in respect of the violation of any provision of this Declaration or of any Supplemental Declaration shall not prevent concurrent or subsequent exercise of another remedy permitted herein or in any Supplemental Declaration, or which is permitted by law. The remedies provided in this Declaration and in any Supplemental Declaration are not intended to be exclusive but shall be in addition to all other remedies, including without limitation, actions for damages or suits for injunctions or for specific performance, available under applicable law. 12 IN WITNESS WHEREOF, the undersigned being the hereunto set its hand and seal this /<5 day of 19845 By By! 13 By 7/.24 l //!D.[_0 ) By lara herein, has South 25 Allemont 509 535 -1410 T0: Inland Pacific Engineering Spokane, Washington 99202 PROJECT: - •410 u O g ATTENTION: 6jQ/ Gentlemen: �/ We are sending nclosed ( ) under separate cover copies of the following: De No. Copies 7 cription / Blueline Prints / / Copy of Letter / / / / Original Drawing / / Contract Documents / / / / Work Authorization / Report / / Date Description Requested Action / / Information /l/ Review & Comments / / Distribution / / Written Approval / / Signature & Return / / Remarks Sincerely, INLAND PACIFIC ENGINEERING COMPANY, INC. DATE: Transmittal BROADWAY PROFESSIONAL CENTER I STORM DRAINAGE ANALYSIS INLAND PACIFIC ENGINEERING Area A Pond A Use double depth drywell Use double depth drywell DRAINAGE PLAN Rational Method Q = CIA T c < 5 min I = 3.18 C weighted C = .67 paving .27 ac @ .9 = .24 grass .13 ac @ .2 = .026 A = .43 acres building .03 ac @ .9 = .027 Q = .67 (3.18) .43 .43 ac .29 _ .92 cfs Area B Pond B Tc < 5 min I = 3.18 C = .77 paving .32 ac @ .9 = .29 grass .10 ac @ .2 = .02 A = .52 building .1 ac @ .9 = .09 Q = .77 (3.18) .52 .52 ac .40 = 1.27 cfs .4 = .52 = .77 .Storage capacity within pond should be sufficient to ;tore the additional .27 cfs. Storage capacity is approximately 1,530 ft. and it would take approximately 94 minutes of a peak flow rate to exceed the pond depth. For a small basin a peak duration of 94 minutes would be improbable. Area C Pond C Tc < 5 min I = 3.18 C = .65 paving .28 ac @ .9 = .25 grass .19 ac @ .2 = .04 A = .55 building .08 ac @ .9 = .07 Q = CIA = .65 (3/18) .55 .55 .36 = 1.14 cfs .36 _ .55 =.65 .'. Use double depth drywell Area D Q = CIA C = .9 I = .318 A = .02 Q = .9 (3.18) .02 = .06 cfs This flow is insignificant and does not require a drainage structure. The reason that that area does not collect on -site is the fact that Pond C would have been over - excavated several feet deeper to do so. It was not possible to drain the flow east to Pond A due to the grade on Boone. We request that this small section of area draining onto public right of way be accepted. Please call if there are any questions regarding this analysis. Thank you. BROADWAY PROFESSIONAL CENTER I STORM DRAINAGE ANALYSIS' INLAND PACIFIC ENGINEERING Area A Pond A Rational Method Q = CIA T < 5 min I = 3.18 C weighted C = .67 ' paving .27 ac @ .9 = .24 grass .13 ac @ .2 = .026 A = .43 acres building .03 ac @ .9 = .027 Q = .67 (3.18) .43 .43 ac .29 = .92 cfs .'. Use double depth drywell Area B Pond B Tc < 5 min I = 3.18 C = .77 paving .32 ac @ .9 = .29 grass .10 ac @ .2 = .02 A = .52 building .1 ac @ .9 = .09 Q = .77 (3.18) .52 .52 ac .40 = 1.27 cfs .4 : .52 = .77 .'. Use double depth drywell DRAINAGE PLAN Storage capacity within pond should be sufficient to ;tore the additional .27 cfs. Storage capacity is approximately 1,530 ft. and it would take approximately 94 minutes of a peak flow rate to exceed the pond depth. For a small basin a peak duration of 94 minutes would be improbable. Use double depth drywell Area D Q = CIA C = .9 I = .318 A = .02 Q = .9 (3.18) .02 = .06 cfs Area C Pond C Tc < 5 min I = 3.18 C = .65 paving .28 ac @ .9 = .25 grass .19 ac @ .2 = .04 A = .55 building .08 ac @ .9 = .07 Q = CIA = .65 (3/18) .55 .55 .36 = 1.14 cfs .36 _ .55 = .65 This flow is insignificant and does not require a drainage structure. The reason that that area does not collect on -site is the fact that Pond C would have been over - excavated several feet deeper to do so. It was not possible to drain the flow east to Pond A due to the grade on Boone. We request that this small section of area draining onto public right of way be accepted. Please call if there are any questions regarding this analysis. Thank you. 1 1E South 25 Altamont 509 535 -1410 Inland Pacific Engineering Spokane, Washington 99202 TO: S POKANE COON TV EA/6 4/H- - � N 5/1 JEFFE eso/y 510KAA/5, wAs &WN PROJECT: $/VOAOWAY PROFESS /oWAL CEA/ /z,P I ATTENTION: JEX',eY 5 //%S Gentlemen: We are sending (vj enclosed ( ) under separate cover copies Description Blueline Prints / / Original Drawing / / Work Authorization No. Copies Date / .TaGY S� Requested Action / s( Information / <Review & Comments / / Distribution / / Written Approval / / Signature & Return / / Remarks P /ease h /Orocl$$ of review al c ,crova / of fhi5 /votes sea/ 1/ 7/ //9 /al. yofr! Shoat / / d a reag. have ot /at cer6'F�te v ('which &v/I/ show Alter C Pih / 7 - O$7et5 Man those i'id/4414 ) Check frr f7na/ p /e T heck 7ee will be „O'fe4-i fa v 5/w in sincerely, drMha (p4744. I have_/ /YlodiFd yokr hip /m/ private- co venan/$ fv e /ha proVi f or-/ INLAND PACIFIC ENGINEERING COMPANY, INC. /fore di4th - By:j1 U V . TrAsmittal RECEIVED JUL 19 1985 DATE: JULY /(D Cou .kP Bring /'E - /sa3 - Copy of Letter Contract Documents Report Description / Drag fi4/ call Dl 5aiioWA7 acivrtx J of the following: `r-aposeI rote- tors/ Cavengn7'5 PXroFESS /o 71/A4- HEARING EXAMINER COMMITTEE CONDITIONS OF APPROVAL, MAY 23, 1985 PE- 1503 -85, BROADWAY PROFESSIONAL CENTER County Planning Department (Cont'd) 15. That the provisions of SEPA'S NOTICE OF ACTION pursuant to Chapter 43.21C.080 RCW be initiated by the project applicant within thirty (30) days of final disposition of this application, and prior to any on -site improvements unless the applicants) /sponsor(s) choose to file a notarized Waiver of Notice of Action with the Spokane County Planning Department. COUNTY ENGINEER DEPARTMENT 1. That conditional approval of the plat is given subject to dedication of Right -of -Way and approval of the road system as indicated in the preliminary plat of record. 2. That the following statement be placed in the plat dedication: WARNING:Spokane County has no responsibility to build, improve, maintain, or otherwise service the private roads contained within or providing service to the property described in this plat. By accepting this plat or subsequently by allowing a building permit to be issued on property on a private road, Spokane County assumes no obligation for said private road and the owners hereby acknowledge that the County has no obligation of any kind or nature whatsoever to establish, examine, survey, construct, alter, repair, improve, maintain, provide drainage or snow removal on a private road. This requirement is and shall run with the land and shall be binding upon the owner, their heirs, successors or assigns including the obligation to participate in the maintenance of the private road as provided herein. 3. Prior to issuance of a building permit, access permits for approaches to the County Road System shall be obtained from the Spokane County Engineer. 4. The applicant shall submit for approval by the Spokane County Engineer and the Spokane County Health District a detailed combined on -site sewage system plan and surface water disposal plan for the entire project prior to the issuance of any building permit on the property. 5. A parking plan and traffic circulation plan shall be submitted and approved by the Spokane County Engineer prior to the issuance of a building permit on the property. The design, location, and arrangement of parking stalls shall be in accordance with standard traffic engineering practices. Paving or surfacing as approved by the County Engineer, will be required for any portion of the project which is to be , occupied or travelled by vehicles. 6. All required improvements shall conform to the current State of Washington Standard Specifications for Road and Bridge Construction and other applicable county standards and or adopted resolutions pertaining to Road Standards and Stormwater Management in effect at the date of construction, unless otherwise approved by the County Engineer. 7. Roadway standards, typical roadway sections and drainage plan requirements are found in Spokane Board of County Commissioners Resolution No. 80 -1592 as amended and are applicable to this proposal. FROM ANGLE DIST NORTH EAST TO AUTO INV S 1/2 TRACT 76 OPPORTUNITY 8/12285 PE1503 ***** START ' 1000.00000 1000.00000 1 4 INV N 0 01 35.0•W „: 1320"64977 999.85232 2 2 INV N 89 38 22.0 E 195,7000 1321.88147 1195,54844 3 3 INV N 89 38 22.0 E 201.2200 1323.14772 1396.76446 4 4 INV N 89 38 22,0 E 256"7200 1324.76448 1653.67937 5 5 INV S 0 00 43.0 E 320,2600 1004.50448 1653"74614 6 6 INV S 89 36 18.0 W 256.8800 1002.73355 1396.87224 7 7 INV, S 89 36 18.0 W 201.1800 1001.34662 1195.69702 8 8 INV S 89 36 18,0 W 195"7000 999^99746 1000,00167 9 -------,- -. `. ______ LAT & DFP • 0.00254 -0"00167 9 HCLOSE N 33 23 53.2 W 0"0030 1000.00000 1000.00000 • 1 PREC=1 TO 641639 Area=209510.46sq ft 4.8997arres FROM ANGLE DIST NORTH EAST TO AUTO INV PLAT BDRY PE1503 8/12/85 ***** START 3 INV N 89 38 22.0 E 201.2200 4 INV S 0 01 09.0 E 710.4100 10 INV S 89 36 18,0 W 201.1800 11 INV N 0 01 35.0 W 310.5300 1321^8O147 1323.14772 1012.73774 1011.35080 1321.88077 1195"54'844 3 1396.76446 4 1396"86830 10 1195.69308 11 1195.55006 12 LAT & DEP - 0.00070 —0.00161 • 12 HCLOSE N 66 25 05.8 W 0"0018 1321.88147 1195.54844 PREC=1 TO 581195 Area=62465"18sq ft 1.4340acres Broadway Professional Center N. 1014 Pines Rd. Attn: Bruce Albertus Dear Sir: Transamerica . Title Services Irr Transamerica Title Insurance Company - North 720 Argonne Road Spokane, Washington 99212 (509) 922-2222 CERTIFICATE TO PLAT Order No. AC- 125028M R ECEIVED JUL 01 7985 Ceuety Engineering Certificate for Filing Proposed Plat of BROADWAY PROFESSIONAL CENTER In the matter of the plat submitted for your approval, this Company has examined the records of the County Auditor and County Clerk of Spokane County, Washington, and the records of the Clerk of the United States Courts holding terms in said County, and from such examination hereby certifies that the title to the following described land situate in Spokane County, to wit: LEGAL DESCRIPTION: A parcel of land located in the Northeast Quarter of Section 16, Town- ship 25 North, Range 44 E.W.M., described as follows: The Southwest Quarter of Tract 76 of OPPORTUNITY, as per plat thereof recorded in Volume "K" cf Plats, pages 20 -23; TOGETHER WITH the West 70.00 feet of the Southeast Quarter of said Tract 76; EXCEPT the West 195.70 feet of said, Southwest Quarter; AND EXCEPT the South 10.00 feet of said Tract 76 for additional right of way for Broadway Avenue; Situate in the County of Spokane, State of Washington. VESTED IN: RITA J. WHITE, as her separate property, as to the West 70 feet of the Southeast Quarter of Tract 76; NORTH PINES ASSOCIATES, a Washington limited partnership, as to the Southwest Quarter of Tract 76 EXCEPT the West 195.70 feet AND EXCEPT the South 218 feet lying East of the West 221.7 feet of said Southwest Quarter; and in GLENN WELSTAD, E.N. STOKES, MYRON THOMPSON and WILLIAM MADDOX, a partnership, as to the South 218 feet of the Southwest Quarter EXCEPT the West 221.7 feet thereof. (continued) EXCEPTIONS: A. General taxes as follows, together with interest and any, after delinquency: Tax Account No. Year Annual Billing Amount Paid 16541 -1169 1985 $286.13 $143.06 16541 -1170 1985 $523.17 $261.58 16541 -1163 1985 $604.12 $0.00 NOTE: valuation: Land $17,400.00 Improvements $3,000.00 If $8,100.00 ,t $29,200.00 $10,000.00 IT $33,000.00 B. Liability for future assessment for Utility Local Improvement Dis- trict No. 85 -01, created March 12, 1985, in the estimated amounts as follows: 1985 assessed Tax Account No. Amount 16541 -1169 $4,871.52 16541 -1170 $6,053.60 16541 -1163 $6,741.02 1. AGREEMENT AND Between: And: Regarding: Dated: Recorded: Recording No.: 2. CONTRACT OF SALE Seller: Purchaser: Dated: Recorded: Recording No.: Affects: (continued) Order No. AC- 125028M Page 2 CERTIFICATE TO PLAT penalty, if Balance Due $143.07 $261.59 $604.12 THE TERNS AND CONDITIONS THEREOF: Modern Electric Water Company, a corporation D.K. McDonald and others Providing for construction of ditches, flumes, water pipes, etc.; erecting poles and electric distribution lines, with right of ingress and egress to maintain said pipes, lines, etc.; and providing for lien for unpaid charges for such service. November 4, 1905 November 6, 1905, Book "E" of Contracts, pg 267 131084 AND THE TERMS AND CONDITIONS THEREOF: Rita J. White, a single woman North Pines Associates, a limited partnership August 18, 1978 August 25, 1978 7808250236 W. 70 ft. of the SE1 /4 of Tract 76 DEED OF TRUST AND THE Grantor: Trustee: Beneficiary: Amount: Dated: Recorded: Recording No.: Affects: 4. Matters of record, if any, against the undisclosed names of the spouses of the partners of Broadway Partnership, a partnership. 5. SALE AGREEMENT Seller: Purchaser: Dated: Recorded: Recording No.: Affects: Order No. AC- 125028M Page 3 CERTIFICATE TO PLAT TERMS ANDI:CONDITIONS THEREOF: Robert C. Mosier and Dorothy R. Mosier, husband and wife Transamerica Title Insurance Company, a California corporation Washington Mutual Savings Bank, a corporation, 1101 2nd Ave., Seattle, WA 98101 $41,600.00 July 10, 1979 July 11, 1979 7907110119 S. 218 ft. of SW1 /4 EXCEPT W. 221.7 ft. thereof AND THE TERMS AND CONDITIONS THEREOF: Glenn A. Welstad, E.N. Stokes and Myron Thompson, dba Broadway Partnership Robert G. Wendel and Michelle Wendel, husband and wife June 15, 1984 July 2, 1984 8407020069 S. 218 ft. of SW1 /4 EXCEPT W. 221.7 ft. thereof NOTE 1: We note that the Sellers in the above Sale Agreement purport to be a partnership. However, title was acquired in the names of the individuals of the partnership. To avoid a break in the chain of title, a deed must be executed and recorded by William Maddox and spouse to the other named partners. Also, a copy of the part- nership agreement must be submitted to the Company for review so that we may determine who is authorized to sign the plat. NOTE 2: Our records show the following general partner is authorized to sign documents for North Pines Associates: Grant F. Groesbeck, general partner. NOTE 3: Please submit a copy of the proposed plat for our review prior to filing same. Records examined as to June 19, 1985 at 8:00 A.M. TRANSAMERICA TTI�ITTLE INSURANCE COMPANY By:, ieiL.i pds cc: Inland Pacific Engineering Co. Spokane County Engineers Spokane County Planning Andree Chicha Title Officer • 1 as IIIt2L ti- -.:: _., ,• I I I • .., ' c , 1 •' ' lot; 1 •te: 1 . 1 I i 1 ' 5 I ,,-,-. m F1/ • -7- 1 il 1 F , (_ - ! t - I - I I All I 11 i ii: (1 .(-z. :, '!-:!,‘ , I I 7,1 I P 1 1 .. 1 1 11 I:, 1 I I 11 I 1 1 i I I I I I 1 1 l) I . i 1 I i I 1T3 1 1 - 1 ••-r-:.-• - 1 r — 1 C:•••• • C 6 ii`‘ • 1 fi 13 E I 1 1 7. c..f.) I (ge) 1 p (Tn. • . 7 I , r :71 ; P ni , • • ' ICI() I "IO 1 ; I \Cit --• • C C_ - • J.1 KL) lz:...."---"Irt1)1 ty3 I I -- N---• „, j • 1 1 : •• \\/ crni 2 ki° j Wi • .-'; c‘c I. 6 6 2 : I 1 I _I_ 4.5171 , 19 , 45 (F3) . Y P : 0 3 . -= I 1 251 — 1 .. g , (;). 01 I i a i \ -Th e 1 1 1 i ---- 1 ci (..,-> 1 1, tc 7 cc l,.1 I I ■ . 'se '» - ,,t- f: • 17', . 1,5 I 1 .4 1 C\t•I •. 1 .).5 8 0 ° .1.-- 2 I 1 5 CATALDO r CATALDO a: VILLAGE 79 Apar,rmENTs) 291 64,1 — AVE 11 11 360 5 111 as' CCH rP 76 0 1 Ju „e 10, 1985 Legal Memo Vo. 1995 -33 TO: Washington Branches and Agents FROM: Charles E. Gillespie, Assistant 'Vice Pre ..ident RE: Laws of 1985 Effective Monday, July 29, 1555 County Auditors stay: collect the following fees for their of uciJt eery ices• Recording instrur_ents: the first page, e:al size (eight and one -half by thirteen in :cos ar less). has increased from 53.00 to 55.0, each additional legal st:e pave reedit's 51.0(. per page. Index tees of fifty cents per name have been eliminated. Prep.•ring and crrt,fy,ng capics. the fi :at legal s,te p >1e, has increased (roe e-.00 to 5).00; each aiJ,ttcnal legal stxs page tcta.ns at 31.00 per ,nape. Preparing noncerti(ied rJpies: each g sire page has tncrc.scd !rem .v,, to 51.f :J. Admin,stcr :np n t oath or ntr. ,e an .. :(: with or without scar, t -a, as at Searching records per hour has Increased fro_ 54.00 to 59.00. Recording plats remains at 30d ;nr e,cn lot except cemetery plat, far shhtch the charge shall be 251 per Itt; also 51.00 for vacs ctnocleJge'se r.t. :ration, a:.J u•sc r tpt:.. n PROCIIICO, ter. t %ere shall ae a stn :awn :de di 125.00 per p:..t. Recordin of n,dce : :.Sneou,1 records. not • .led above: 'tor first le;J1 . ....- !run $7.00 to 55.00: each additional l :,:3: z,.e Page remains at $1.C.) A. N. 5111N:1'00 I Dire( tor Date: June 14, 1985 To: Persons selling, purchasing and dealing with Washington State Tax on Conveyance From:. Daniel A. Breard, Miscellaneous Tax Officer RE: Increase in conveyance tax and general information SiWEOF \v. \SI IIi :GTON DEPARTMENT OF REVENUE Olympia, Washin:pon 98504 -0090 A45-,AX - 02 Substitute Senate Bill No. 4228, Chapter 471, Laws of 1985, 49th Legislature, Regular Session, increases the state conveyance tax on transfers of deeds of real estate from 53.5 cents per $500.00 of conveyed value to $1.00 per $500.00. This increase is effective July 1, 1985. The effective date which determines what tax rate will apply to deeds or written instru- ments on or after July 1, 1985 will be the date on the document. Please provide and pass on this information to businesses or persons who regularly purchase conveyance tax stamps. Please contact me if you experience a necessity to order stamps or replenish meters' more often than once a month. I will be more than happy to increase your conveyance tax consignment. I have received many questions concerning the next item. Does conveyance tax apply on a conveyance accomplished by foreclosing the lien on a deed of trust. The answer is yes. WAC 485 -20 -184 provides the following: CONVEYANCE BY A MORTGAGOR TO A MORTGAGEE. A conveyance by a defaulting mortgagor to a mortgagee in consideration of the cancellation of the mortgage debt is subject to a conveyance tax calculated on the amount of the mortgage debt, plus unpaid accrued interest. A deed of trust is in legal effect only a form of mortgage, so that a conveyance accomplished by fore- closing the lien of a deed of trust is subject to the conveyance tax. For example: B holds a mortgage upon C's property for $5,000. C pays $2,000 on the mortgage, leaving a balance due of $3,000. In order to avoid the expense of a foreclosure sale B and C enter an agree- ment whereby C conveys the property to B in consideration of the cancellation of the mortgage debt. The deed on conveyance is subject to tax on $3,000 plus any unpaid accrued interest. If you have any questions or comments regarding the above information, please call or write your nearest Department of Revenue office, or call me at (206) 753 -5564. Ca) - t.Cc • • *L. ' :OR fa , SPRAGUE-ARGONNE FARMERS Er MERCHANTS BANK WWI SPOKANE, WASHINGTON 99214 . _ • "00 LO L 311 L 25 S 71. Li: . . '•.5.2 7 61.1 BROADWAY PROFESSIONAL CENTER ' • • , • E. 12121 BROADWAY 4. • . . . . 4. • - . . -- .-. .. . . . . i . ''.. fee.t."...r...".. ..1" . ' • .....--..-: PAY *•••''4" ' .- ORDER OF --e.- . -.., •!.. - • , . . . ' . TO THE • .: • . • .... Tr` • . -. .. 1:i • .„. ... . . , . • c... ...1 .,,. t i ‘;1/4; f l b 4 .17,-.-- •,-7------.• ... .,, ' • ;?' !" -s ., , -:: , ..", t ,', • I!;; t ' 1 14 -,.., .. ., •, ,,-- . .• • - ka . •• ' ' rt • • , • • • , • :, . • . • . • 1. : • • .„ . . . RECEIPT'. -; ;;;:.. Dote '4' I - J.: : 3397; . *.bii VI - Received Fro • ',... g*? - cant& '; 'Address - J • ::.:',. ,. ::.::?;;;::::: .:-. '; -:' '-.:= : it-- - 0:--, nAid-:::, F or r uvt - -.rm --;:, . .,.-..%:',-;:: • .;.--, HOW PAID ...: .:>...,, .#: -":... ;'?'?;;[•;; 71 :- ""; '22: V/ /:' g.t.;`t„.,'....-:.‘1, . tj. - „ TX:14(2 1 /C • #:`• :.--.7.--;":,*; 4 9. ,2 1A;1"::1:eitpill4 :;;? ;;;' ::10/r ' , - '.. a'a.lf.,.....,7irn „:„:".-. .itiey..:,....1,14. 2:21::'7•2::2>>2.2',/,' :smANcE:: :::,. , MONEY. ',',: ; 'C.. - 2 -.; swami rworroi. Ca) - t.Cc • • *L. ' :OR fa , SPRAGUE-ARGONNE FARMERS Er MERCHANTS BANK WWI SPOKANE, WASHINGTON 99214 . _ • "00 LO L 311 L 25 S 71. Li: . . '•.5.2 7 61.1 BROADWAY PROFESSIONAL CENTER ' • • , • E. 12121 BROADWAY 4. • . . . . 4. • - . . -- .-. .. . . . . i . ''.. fee.t."...r...".. ..1" . ' • .....--..-: PAY *•••''4" ' .- ORDER OF --e.- . -.., •!.. - • , . . . ' . TO THE • .: • . • .... Tr` • . -. .. 1:i • .„. ... . . , . • c... ...1 .,,. t i ‘;1/4; f l b 4 .17,-.-- •,-7------.• ... .,, ' • ;?' !" -s ., , -:: , ..", t ,', • I!;; t ' 1 14 -,.., .. ., •, ,,-- . .• • - ka . •• ' ' rt • • , • • • , • :, . • . • . • 1. : • • Hearing Examiner Committee Actions,- May 23, 1985 4. REZONE OF FINAL PLAT, ZN- 54 -85, R -1 TO AGRICULTURAL SUBURBAN (Upham's Addition.) Sponsor: 466 -6271 Agent: 928 -0600 James Upham Route 3 Mead, WA 99021 Proposal: A request to rezone an approximately 22.4 acres from R -1 to Agricultural Suburban for the purpose of allowing limited animal keeping within the final plat of Upham's Addition. Location - The site is generally located north and adjacent Peone Road approximately 1/4 mile west of Fairview Road in the NW 1/4 of Section 11, Township 26N, Range 43 E.W.M., Spokane County, Washington. Action: Unanimously approved Gordon Curry E. 9209 Trent Spokane, WA 99206 PRELIMINARY SUBDIVISION , ZONE RECLASSIFICATION AND FINAL PLANNED UNIT DEVELOPMENT 5. PE- 1503 -85,' BROADWAY PROFESSIONAL CENTER ZE- 48 -85, Agricultural to Residential Office Sponsor: 928 -7096 Bruce Albertus N. 1014 Pines Road Spokane, WA 99206 Location: Generally located north of and adjacent to Broadway Avenue approximately 250 feet west of Pines Road in Section 16, Township 25N, Range 44 E.W.M., Spokane County, Washington. Comprehensive Plan: URBAN, within the Priority Sewer Service Area. Proposal: To establish a professional business center for individual ownership of 5 lots with common open space. The proposed zone change is from Agricultural Suburban to Residential Office. The applicant's PUD site plan contains provisions for landscaping, sight obscuring fencing and interior walkways and lawn. Action: Unanimously approved Surveyor /Engineer: 535 -1410 Patrick J. Moore S. 25 Altamont Spokane, WA 99202 RE: PE- 1503 -85; BROADWAY PROFESSIONAL CENTER ZE- 48 -85, Agricultural to Residential Office SPOKANE COUNTY HEARING EXAMINER COMMITTEE FINDINGS & ORDER DATE: MAY 23, 1985 1. That the proposal is to establish a professional business center for individual ownership of 5 lots with common open space. The proposed zone change is from Agricultural Suburban to Residential Office. The applicant's PUD site plan contains provisions for landscaping, sight obscuring fencing and interior walkways and lawn. 2. That the proposal is located north of and adjacent to Broadway Avenue approximately 250 ft. west of Pines Road in Section 16, Township 25N, Range 44 E.W.M., Spokane County. 3. That the item has been properly advertised in accordance with state and local regulations. 4. That the Committee has considered and evaluated the information and conditions contained in the planning report for this proposal. 5. That the Comprehensive Plan designates this area as Urban and the proposal appears generally CONSISTENT with the density and use guidelines of this category. 6. That the Committee finds the proposal COMPATIBLE with existing uses in the area which include single family residences and undeveloped lots. 7. That no owners of adjacent and nearby property spoke generally spoke to the proposal. 8. That the provisions of the State Environmental Policy Act have been complied with. 9. That the Residential Office zone request is a buffer between commercial uses to the east and residential uses to the west. 10. That the applicant's request for bonding of the water system was reasonable and the Committee accepts that at time of building permit release. HEARING EXAMINER COMMITTEE FINDINGS & ORDER FILE N0. PE- 1503 -85 CONCLUSIONS AND ORDER The Hearing Examiner Committee pursuant to the above findings concludes that the application of preliminary plat PE- 1503 -85, BROADWAY PROFESSIONAL CENTER and Zone Change ZE- 48 -85, from Agricultural to Residential Office be APPROVED in accordance with the Conditions of Approval attached hereto. VOTE: 3 -0 TO APPROVE SPOKANE COUNTY SUBDIVISION ADMINISTRATOR THE HEARING EXAMINER COMMITTEE HEREBY ATTESTS TO THE ABOVE FINDINGS AND CONCLUSION AND VOTE. hai rperson PE- 1503 -85, BROADWAY PROFESSIONAL CENTER IN REFERENCE TO ATTACHED FINDINGS 8 ORDER THE HEARING EXAMINER COMMITTEE ADOPTS THE FOLLOWING PLANNING REPORT CONDITIONS OF APPROVAL (SECTION A) AND AMENDMENTS (SECTION B) ATTACHED HERETO: SECTION A:. 1. That the below listed conditions of all Departments and Agencies are binding upon the applicant, owner(s) of the property, heirs, successors or assigns. COUNTY PLANNING DEPARTMENT 2. The preliminary plat of record approval is for the property legally described in the application for this proposal. 3. That the Final Plat be designed substantially in conformance with the preliminary plat of record as legally described and advertised. No increase of density or lot number shall occur without prior approval of the Hearing Examiner Committee. 4. That the preliminary plat be given conditional approval for three (3) years to June 1, 1988. The applicant may request an Extension of Time by submitting a written request forty -five (45) days prior to the above expiration date. 5. Upon filing the Final Plat the zone change be finalized and the existing Agricultural shall be changed to Residential Office. 6. That a Final Plat name be indicated before name to be approved by the County Assessor of the Final Plat area shall Suburban zone classification the final plat is filed; such and the Planning staff. 7. That appropriate utility easements be indicated on copies of the approved preliminary plat, for distribution to the County Planning Department, Utilities Department, Engineering Department, Health District and applicable utility companies. Written approval of said utility easements by said utility companies must be received with the submittal of the final plat. 8. That a current certificate of title be furnished the County Planning Department prior to filing the final plat. 9. That the following statement be placed in the final plat dedication: "No more than one dwelling structure be placed on any lot nor shall any lot be further subdivided for the purpose of creating additional lots, ownerships, or building sites without first filing a replat." The common areas shall be noted on the Final plat. No structures except exterior fencing are allowed in designated common areas. 10. A specific landscape plan, planting schedule and provisions for maintenance acceptable to the Spokane County Subdivision Administrator shall be submitted with a performance bond for the project prior to release of building permits. This site development plan shall be consistent with that presented to the Spokane County Hearing Examiner Committee. HEARING EXAMINER COMMITTEE CONDITIONS OF APPROVAL, MAY 23, 1985 PE- 1503 -85, BROADWAY PROFESSIONAL CENTER County Planning Department (Cont'd) 11 The PUD Site Plan shall include the following: a) Vegetative cover or plants or trees by type, size, height, quantity and location. b) Type improvements to common areas with specific details. c) Landscape irrigation system by type and location and coverage. d) Fence. e) Lighting and signs. f) Current cost estimates for installation (similar to construction bid). 12. That a Property Owners' Association document is required to be submitted to Spokane County Planning Department and recorded with the County Auditor prior to the filing of a final plat and shall include the operation and maintenance of: The landscaping, sprinkler system, private road, sewer system, water system, surface drainage - facilities and is to provide for funding of each to assure on -going maintenance. 13. That a plan for water facilities adequate for domestic service and fire protection be approved by the water supplier, fire protection district, Spokane County Building & Safety Department and County health authorities. The agencies will certify on the WATER PLAN, prior to the filing of the final plat or any phase of the preliminary plat that the plan is in conformance with their respective needs and regulations. The WATER PLAN and certification will be drafted on a transparency suitable for reproduction. The purveyor will also certify that appropriate contractual arrangements and schedule of improvements have been made with the plat sponsor for construction of the water system in accordance with the approved WATER PLAN. The time schedule will provide for completion of the water system and inspection by the appropriate health authorities prior to application for building permits within the final plat. The arrangements or agreements will include a provision holding Spokane County and the purveyor harmless from claims by any lot purchaser refused a building permit due to the failure of the plat sponsor to satisfactorily complete the approved water system. The plat sponsor shall also sign the WATER PLAN to confirm the contractual arrangements or agreements. The final plat dedication will contain the following statement: "the public water system, pursuant the WATER PLAN approved by County and State Health authorities, the local fire district, County Building & Safety Department, and water purveyor, will be installed within this plat, and the subdivider /sponsor will provide for individual domestic water service as well as fire protection to each lot prior to sale of each lot and prior to issuance of a building permit for each lot." 14. That a building permit may be issued for a lot within the Final Plan through the applicant's providing a bond to cover the complete cost of public water installation to the Spokane County Planning Department or until a Washington State licensed engineer certifies: That the water system has been installed pursuant the approved WATER PLAN for the Final Plat ", signed and stamped by said engineer. The certification may be in the form of a letter but is preferred to be certified on a copy of the WATER PLAN as a schematic map showing the "As Built" water system. HEARING EXAMINER COMMITTEE CONDITIONS OF APPROVAL, MAY 23, 1985 PE- 1503 -85, BROADWAY PROFESSIONAL CENTER County Planning Department (Cont'd) 15. That the provisions of SEPA'S NOTICE OF ACTION pursuant to Chapter 43.21C.080 RCW be initiated by the project applicant within thirty (30) days of final disposition of this application, and prior to any on -site improvements unless the applicant(s) /sponsor(s) choose to file a notarized Waiver of Notice of Action with the Spokane County Planning Department. COUNTY ENGINEER DEPARTMENT 1. That conditional approval of the plat is given subject to dedication of Right -of -Way and approval of the road system as indicated in the preliminary plat of record. 2. That the following statement be placed in the plat dedication: WARNING:Spokane County has no responsibility to build, improve, maintain, or otherwise service the private roads contained within or providing service to the property described in this plat. By accepting this plat or subsequently by allowing a building permit to be issued on property on a private road, Spokane County assumes no obligation for said private road and the owners hereby acknowledge that the County has no obligation of any kind or nature whatsoever to establish, examine, survey, construct, alter, repair, improve, maintain, provide drainage or snow removal on a private road. This requirement is and shall run with the land and shall be binding upon the owner, their heirs, successors or assigns including the obligation to participate in the maintenance of the private road as provided herein. 3. Prior to issuance of a building permit, access permits for approaches to the County Road System shall be obtained from the Spokane- County Engineer. 4. The applicant shall submit for approval by the Spokane County Engineer and the Spokane County Health District a detailed combined on -site sewage system plan and surface water disposal plan for the entire project prior to the issuance of any building permit on the property. 5. A parking plan and traffic circulation plan shall be submitted and approved by the Spokane County Engineer prior to the issuance of a building permit on the property. The design, location, and arrangement of parking stalls shall be in accordance with standard traffic engineering practices. Paving or surfacing as approved by the County Engineer, will be required for any portion of the project which is to be occupied or travelled by vehicles. 6. All required improvements shall conform to the current State of Washington Standard Specifications for Road and Bridge Construction and other applicable county standards and or adopted resolutions pertaining to Road Standards and Stormwater Management in effect at the date of construction, unless otherwise approved by the County Engineer. 7. Roadway standards, typical roadway sections and drainage plan requirements are found in Spokane Board of County Commissioners Resolution No. 80 -1592 as amended and are applicable to this proposal. HEARING EXAMINER COMMITTEE CONDITIONS OF APPROVAL, MAY 23, 1985 PE- 1503 -85, BROADWAY PROFESSIONAL CENTER COUNTY HEALTH DISTRICT 1. Sewage disposal method shall be authorized by the Director of Utilities, Spokane County. 2. A statement shall be placed in the dedication to the effect that: "A public sewer system will be made available for the plat and individual service will be provided to each lot prior to sale. Use of individual on -site sewage system shall not be authorized." 3. Water service shall be by an existing public water supply when approved by the Regional Engineer (Spokane), State Department of Social & Health Services. 4. Prior to filing the final plat, the sponsor shall present evidence that the plat lies within the recorded service area of the water system proposed to serve the plat. The dedicatory language on the plat shall state: "Use of private wells and water systems'is prohibited." COUNTY UTILITIES DEPARTMENT 1. The project shall connect immediately to a public sewer system, except that the Director of Utilities may authorize interim sewage disposal methods should connection to the system not be available when building permits are sought. 2. Any water service for this project shall be provided in accordance with the Coordinated Water System Plan for Spokane County, as amended. COUNTY BUILDING & SAFETY 1. The applicant or successor prepare the Water Plan for this site in conformance with standards of Spokane County Uniform Fire Code, as amended. 2. Each structure shall be accessible to fire department apparatus by way of access roadways with all- weather driving surface capable of supporting the imposed loads of fire apparatus. The minimum paved roadway width, inside curb face to inside curb face, shall be twenty -four feet (24') with no parking. Parallel parking is permitted on one side with road widths a minimum of thirty feet (30'). Parallel parking is permitted on both sides with road widths a minimum of thirty -six (36'). Signs noting such is required for fire lane. The turning radius of private roadways and drive aisles shall be a minimum of twenty feet (20') inside and a minimum of forty -five feet (45') outside of the curb face. Cul de sacs more than six hundred feet (600') from the center line of the nearest cross street shall have a minimum radius of t_; -seve fe t,si inches (37'6 ") (75' diameter). y Chairperson ••••• .. e Six T H SEvtNTM FOUR TM AV ElrjnTM AVE EL 20/4 ill • :. '.'•UN , IY trhunt .••Caa•zican. ean.••01• NP 2312+ yNTO 6 EL rOJ pd. Ye .4 s/ ALLEY WAY. •� ._ zi PE- 1503 -85 .. • was A ••••11•Oft .441..2E.48e85.= • 1 /9 3 4;. �_ a 'ERSIDT -AEL.9S i ' ELL- a ` PR • GUE2Ave. • at. 1i ••••••_LON sew es PLANNING REPORT MAY 23, 1985 TO: SPOKANE COUNTY HEARING EXAMINER COMMITTEE FROM: SPOKANE COUNTY PLANNING DEPARTMENT STAFF RE: PRELIMINARY SUBDIVISION , ZONE RECLASSIFICATION AND FINAL PLANNED UNIT DEVELOPMENT PE- 1503 -85, BROADWAY PROFESSIONAL CENTER ZE- 48 -85, Agricultural Suburban to Residential Office I. GENERAL INFORMATION Sponsor: 928 -7096 Bruce Albertus N. 1014 Pines Road Spokane, WA 99206 II. SITE PLAN INFORMATION Surveyor /Enqineer: 535 -1410 Patrick J. Moore S. 25 Altamont Spokane, WA 99202 Location: Generally located north of and adjacent to Broadway Avenue approximately 250 feet west of Pines Road in Section 16, Township 25N, Range 44 E.W.M., Spokane County, Washington. Comprehensive Plan: URBAN, within the Priority Sewer Service Area. Proposal: To establish a professional business center for individual ownership of 5 lots with common open space. The proposed zone change is from Agricultural Suburban to Residential Office. The applicant's PUD site plan contains provisions for landscaping, sight obscuring fencing and interior walkways and lawn. A. Site Size: 1.5 acres; B. Comprehensive Plan: Urban, within Priority Sewer Service Area (PSSA). C. Site Characteristics: The site is generally flat and has two residential structures currently on it which are planned for removal with the development of this project. D. Neigborhood Characteristics: The site is bordered by North Pines Junior High School, commercial and multi - family uses. Generally, west of the site lie-single family uses. - 35 - bP+aSD■/SY BROADWAY PROFESSIONAL CENTER PUD SITE PLAN, -36- 1 G 2010 2010 Broadway PE-1503--85 BROADWAY PROFESSIONAL CENTER N - 37 - PLANNING REPORT, MAY 23, 1985 PE- 1503 -85, BROADWAY PROFESSIONAL CENTER II. SITE PLAN INFORMATION (cont'd) E. Zoning: Proposal - Reclassify land presently Agricultural Suburban to Residential Office. Site - Residential Office -1980; Agricultural Suburban -1955. North - Residential Office - 1971; Multiple Family Suburban - 1972. East - Agricultural Suburban - 1955; Local Business - 1974 & 1978. South - Local Business - 1976; Agricultural Suburban - 1955. West - Agricultural Suburban - 1955. F. Land Use: Site - Vacant and 2 residential structures. North - Parking area for apartment complex, offices. East - Single family residences and commercial uses. South - North Pines Junior School, Commercial. West - Single family residential. G. Special Information: Circulation - Individual lots and buildings within the plan are accessed via a common drive and parking areas. The Spokane County Engineer is treating the drive and parking areas as requiiring conformance to standard parking lot requirements. Design - The subdivision and Planned Unit Development allows a uniform professional building complex with individual ownership of the buildings. The common parking areas, driveways, fencing and landscaping will be established prior to the release of building and /or occupancy permits. The maintenance of these common features will be the resonsibility of the property. Drainage - Detailed surface water drainage plans must be approved by the Spokane County Health District and Spokane County Engineer's Department. Water Supply - Modern Electric Water Co. will provide water. An approved water Plan will be required prior to finalizing this preliminary plat. Sewage Disposal - The complex is required to connect to a public sewer system. An interim facility may be approved by the Spokane County Utilities Director due to delays in sewer extensions. School - The proposal is in the Central Valley School District #356. - 38 - PLANNING REPORT, MAY 23, 1985 PE- 1503 -85, BROADWAY PROFESSIONAL CENTER II. SITE PLAN INFORMATION (cont'd) G. Special Information ( cont'd) Fire Protection - The proposal is located within Fire District #1. The Fire District and County Building and Safety Department (Fire Marshall) are required to approve fire protection provisions prior to finalizing the preliminary plat. Cultural Resources - None have been identified III. SITE PLAN ANALYSIS The PUD development plan submitted in conjunction with this proosal provides for exterior sight obscuring fencing at the site boundary. All buildings will be single story and contain an average of about 2,000 sq.ft. of office space. The Zoning Ordinance requires 26 parking stalls for this project and 50 are provided on the plan. Total building coverage is 16.6% of the site and open space accounts for approximately 36% of the site, not including hard surfaced areas. The site will be fully landscaped with lawn shrubs. Concrete walkways will connect buldings in a campus design. Full development and maintenance of the site is required in Planning Department conditions. IV. ENVIRONMENTAL REVIEW An Environmental Checklist was submitted by the sponsor and was reviewed by the County Planning Department staff. The review considered the specifics of the proposal, other available information, County ordinances, other regulations and laws and the standard Conditions of Approval. County Planning Department has determined that "No probable significant adverse impacts" would result from the proposal being developed and has issued a Determination of Non - Significance ( "DNS "). The "DNS" was circulated to 10 other agencies of jurisdiction and other agencies /departments affected by the future development for review and comment. The "DNS" comment period ends May 22, 1985 and was advertised 15 calendar days before said date in the newspaper, by letter to adjacent property owners 400 feet of the proposal, by notice on a sign posted on the proposal site and by letter to the general mailing list. Hearing Examiner Committee may consider additional environmental related testimony and the "DNS" at the public hearing. V. LEAD AGENCY SUMMARY The subdivision and planned unit development for a professional complex appear consistent with the existing uses in the area and further supported by the Comprehensive Plan guidelines for the Urban category. This site lies adjacent to the west of the Commercial Comprehensive Plan corridor on Pines Road. Due to the above factors, the Planning Department recommends approval of the proposal, unless unresolved concerns are raised at the public hearing. - 39 - PLANNING REPORT, . MAY 23, 1985 PE- 1503 -85, BROADWAY PROFESSIONAL CENTER VI. CONDITIONS OF APPROVAL If approval is granted, the following conditions are recommended. 1. That the below listed conditions of all Departments and Agencies are binding upon the applicant, owner(s) of the property, heirs, successors or assigns. COUNTY PLANNING DEPARTMENT 2. The preliminary plat of record approval is for the property legally described in the application for this proposal. 3. That the Final Plat be designed substantially in conformance with the preliminary plat of record as legally described and advertised. No increase of density or lot number shall occur without prior approval of the Hearing Examiner Committee. 4. That the preliminary plat be given conditional approval for three (3) years to June 1, 1988. The applicant may request an Extension of Time by submitting a written request forty -five (45) days prior to the above expiration date. 5. Upon filing the Final Plat the zone change of the Final Plat area shall be finalized and the existing Agricultural Suburban zone classification shall be changed to Residential Office. 6. That a Final Plat name be indicated before the final plat is filed; such name to be approved by the County Assessor and the Planning staff. 7. That appropriate utility easements be indicated on copies of the approved preliminary plat, for distribution to the County Planning Department, Utilities Department, Engineering Department, Health District and applicable utility companies. Written approval of said utility easements by said utility companies must be received with the submittal of the final plat. 8. That a current certificate of title be furnished the County Planning Department prior to filing the final plat. 9. That the following statement be placed in the final plat dedication: "No more than one dwelling structure be placed on any lot nor shall any lot be further subdivided for the purpose of creating additional lots, ownerships, or building sites without first filing a replat." The common areas shall be noted on the Final plat. No structures except exterior fencing are allowed in designated common areas. 10. A specific landscape plan, planting schedule and provisions for maintenance acceptable to the Spokane County Subdivision Administrator shall be submitted with a performance bond for the project prior to release of building permits. This site development plan shall be consistent with that presented to the Spokane County Hearing Examiner Committee. - 40 - PLANNING REPORT, MAY 23, 1985 PE- 1503 -85, BROADWAY PROFESSIONAL CENTER County Planning Department (Cont'd) 11. The PUD Site Plan shall include the following: a) Vegetative cover or plants or trees by type, size, height, quantity and location. b) Type improvements to common areas with specific details. c) Landscape irrigation system by type and location and coverage. d) Fence. e) Lighting and signs. f) Current cost estimates for installation (similar to construction bid). 12. That a Property Owners' Association document is required to be submitted to Spokane County Planning Department and recorded with the County Auditor prior to the filing of a final plat and shall include the operation and maintenance of: The landscaping, sprinkler system, private road, sewer system, water system, surface drainage facilities and is to provide for funding of each to assure on -going maintenance. 13. That a plan for water facilities adequate for domestic service and fire protection be approved by the water supplier, fire protection district, Spokane County Building & Safety Department and County health authorities. The agencies will certify on the WATER PLAN, prior to the filing of the final plat or any phase of the preliminary plat that the plan is in conformance with their respective needs and regulations. The WATER PLAN and certification will be drafted on a transparency suitable for reproduction. The purveyor will also certify that appropriate contractual arrangements and schedule of improvements have been made with the plat sponsor for construction of the water system in accordance with the approved WATER PLAN. The time schedule will provide for completion of the water system and inspection by the appropriate health authorities prior to application for building permits within the final plat. The arrangements or agreements will include a provision holding Spokane County and the purveyor harmless from claims by any lot purchaser refused a building permit due to the failure of the plat sponsor to satisfactorily complete the approved water system. The plat sponsor shall also sign the WATER PLAN to confirm the contractual arrangements or agreements. The final plat dedication will contain the following statement: "the public water system, pursuant the WATER PLAN approved by County and State Health authorities, the local fire district, County Building & Safety Department, and water purveyor, will be installed within this plat, and the subdivider /sponsor will provide for individual domestic water service as well as fire protection to each lot prior to sale of each lot and prior to issuance of a building permit for each lot." 14. That no building permit will be issued for any lot within the Final Plat until certified by a Washngton State licensed engineer "that the water system has been installed pursuant the approved WATER PLAN for the Final Plat ", signed and stamped by said engineer. The certification may be in the form of a letter but is preferred to be certified on a copy of the WATER PLAN as a schematic map showing the "As Built" water system. PLANNING REPORT, MAY 23, 1985 PE- 1503 -85, BROADWAY PROFESSIONAL CENTER County Planning Department (Cont'd) 15. That the provisions of SEPA'S NOTICE OF ACTION pursuant to Chapter 43.21C.080 RCW be initiated by the project applicant within thirty (30) days of final disposition of this application, and prior to any on -site improvements unless the applicant(s) /sponsor(s) choose to file a notarized Waiver of Notice of Action with the Spokane County Planning Department. COUNTY ENGINEER DEPARTMENT 1. That conditional approval of the plat is given subject to dedication of Right -of -Way and approval of the road system as indicated in the preliminary plat of record. 2. That the following statement be placed in the plat dedication: WARNING:Spokane County has no responsibility to build, improve, maintain, or otherwise service the private roads contained within or providing service to the property described in this plat. By accepting this plat or subsequently by allowing a building permit to be issued on property on a private road, Spokane County assumes no obligation for said private road and the owners hereby acknowledge that the County has no obligation of any kind or nature whatsoever to establish, examine, survey, construct, alter, repair, improve, maintain, provide drainage or snow removal on a private road. This requirement is and shall run with the land and shall be binding upon the owner, their heirs, successors or assigns including the obligation to participate in the maintenance of the private road as provided herein. 3. Prior to issuance of a building permit, access permits for approaches to the County Road System shall be obtained from the Spokane County Engineer. 4. The applicant shall submit for approval by the Spokane County Engineer and the Spokane County Health District a detailed combined on -site sewage system plan and surface water disposal plan for the entire project prior to the issuance of any building permit on the property. COUNTY HEALTH DISTRICT 1. Sewage disposal method shall be authorized by the Director of Utilities, Spokane County. 2. A statement shall be placed in the dedication to the effect that: "A public sewer system will be made available for the plat and individual service will be provided to each lot prior to sale. Use of individual on -site sewage system shall not be authorized." 3. Water service shall be by an existing public water supply when approved by the Regional Engineer (Spokane), State Department of Social & Health Services. 4. Prior to filing the final plat, the sponsor shall present evidence that the plat lies within the recorded service area of the water system proposed to serve the plat. The dedicatory language on the plat shall state: "Use of private wells and water systems is prohibited." - 42 - PLANNING REPORT, MAY 23, 1985 PE- 1503 -85, BROADWAY PROFESSIONAL CENTER COUNTY UTILITIES DEPARTMENT 1. The project shall connect immediately to a public ewer system, except that the Director of Utilities may authorize interim sewage disposal methods should connection to the system not be available when building permits are sought. 2. Any water service for this project shall be provided in accordance with the Coordinated Water System Plan; for Spokane County, as amended. COUNTY BUILDING & SAFETY 1. The applicant or successor prepare the Water Plan for this site in conformance with standards of Spokane County Uniform Fire Code, as amended. 2. Each structure shall be accessible to access roadways with all- weather drivi the imposed loads of fire apparatus. inside curb face to inside curb face, with no parking. Parallel parking is widths a minimum of thirty feet (30'). both sides with road widths a minimum such is required for fire lane. The t and drive aisles shall be a minimum of minimum of forty -five feet (45') outsi more than six hundred feet (600') from cross street shall have a minimum radi (37'6 ") (75' diameter). - 43 - fire department apparatus by way of ng surface capable of supporting The minimum paved roadway width, shall be twenty -four feet (24') permitted on one side with road Parallel parking is permitted on of thirty -six (36'). Signs noting urning radius of private roadways twenty feet (20') inside and a de of the curb face. Cul de sacs the center line of the nearest us of thirty -seven feet, six inches • YJr�F o,9 - 4 -2 ' W1 - (J \0 \4 201 in, Ra r Spy OFFICE OF COUNTY ENGINEER SPOKANE COUNTY, WASHINGTON 10; PLANNING UL AUIMLNI FROM: COUNTY ENGINEER'S DEPANIMLNr Nam SUBJECT: II CONDIl jONS` FON PLAT NAM S ruedv.4T Ora. C'EATeeNUMBER Pe /503 - 35 ` IONUITIONS LIkCLED APPLY TO PLAT UNDER LONSIDERATION that conditional approval of the plat by the County Engineer Is given subject to dedication of Right -of -way and approval of the road system as Indicated In the preliminary plat of record. E 2 -that plans, profiles, and cross sections as designed to County standards showing proposed street centerline and curb grades be submitted to the County Engineer for approval prior to construction and /or the tiling of a final plat; road plans to be prepared under the direction of a licensed Professional Civil Engineer. E 3 -that drainage plans and design calculations showing the alignment of drainage facilities be'submitted to the County Engineer for approval prior to construction and /or the filing of the final plat. Drainage plans to be prepared under the direction of a licensed Professional Civil Engineer. E A -that the regulations of the National Flood Insurance Program be observed since the proposed plat Is affected by a Flood Hazard Zone. E S constructlon within the proposed public st reets and easements shall be performed under the direct supervision of a licensed engineer/ yor, who shall furnish the County Engineer with "As Built" plans and a certificate In writing that ell improve- ments were Installed to the lines and grades shown on the approved constructlon plans and that all disturbed monuments have been replaced; E 6 -no constructlon work Is to be performed within the existing or proposed Public Right of May until a permit has been Issued by the County Engineer. All work Is subject to Inspection and approval by the County Engineer; E 7 -all constructlon within the existing or proposed Public Right of Way Is to be coo- - pleted prior to filing the final plat or a bond In the amount estimated by the County Engineer to cover the cost of constructlon of improve ■ants, constructlon certifica- tion, "As Built" plans, and monumenting the street centerlines shall be flied with the County Engineer; E 8-no direct access from lots to 1/2 Right of Ways until such roads are constructed to County Standards and established as County Roads; E 9 -no direct access from lots to Stub Road connections until such roads ere constructed to County Standards and established as County Roads; EIO -road design, constructlon, and drainage control for 1/2 Right of ways and Stub Rosa connections are the responsibility of the Developer; Ell-that appropriate provision be made that the following described property be held in trust until the continuation of the st reets be dedicated or deeded: A 1 ft. strip at the ends or edges of all streets that terminate or border the plat boundary. flee - porary cul de sacs are required when streets terminate at the plat boundaries.) E12 -a statement must appear In the dedicatory language of the plat that Individual drive- way access permits be required prior to Issuance of a building permit for driveway approaches to the County road system. 615- dedlcatlon of add ltl oval Right of way along - - -- - -- additional Right of Way along _ __ add' tl one l Right of Way along F14 -e statement all be :,laced In plat dedlcatlon that no direct acteee be allowed ir•.'w lots to '. ,d 111 1 i 1 .111.4. • o• - ress t rho Die' f 1 1 t .. t 0 1 / 0 1 ( S) • . 11 M I n 1 rn r r m r • .1 • 1 n 1 . i• I 1 r. MI n I rn 1, n. 1'dv l ng .1 •1 I t. Mii11 m,lw .1. In.I .I I11, M l n l .n ., in 1 l, l n 1 - I .I r 1. Mav • 7 , 19 85 lnr.a4 in the plat doJ1ca tion providing for tut ure slops a.+se- un4 an•. . ,.,n r v 411 s11 1 no 'Jived and 41 1 11 tHJ t:l ..00k .IV er r 0. h� t 911%4 t :0 -thn word ;1.l n+elyn +, and snecussurc, 1 Inrludtf rinr uer ..r ∎'wnar •■ Ina uurt his heirs, 121 -t0 construct fhu rood Imp r,rvennmfs srnted huru1n, the opp11Cnni may, with the approv- al of the County Engineer, join In and be a willing participant In any petition or resolution which purposes 15 the formation of a Rued Improvement Dlstrlct (RID) tor said Improvements pursuant to RCW S6.86, as amended. At Such time a5 an RID is created or any Ruad Improvement project Is sanctioned by Spokane County, the improve- ments required (curb, sidewalk, drainage control and paving to existing pavement) will be at the sole e.pense of the undersigned owner, their heirs, grantees and assigns. E22 -as an alternative method of constructing the road Improvement stated herein, the applicant may, with the approval of the County Engineer, accomplish the road improve-, monis stated herein by joining and participating In a County Road protect (CRP) to the extent of the required road Improvement. At such time as an RIO Is created or any Road Improvement Project Is sanctioned by Spokane County, the Improvements re- quired (curb, sidewalk, drainage control and paving to existing pavement) will be at the sole expense of the undersigned owner, their heirs, grantees and assigns. v E23 -that the following statement be placed In the plat dedication: The owners, their heirs, grantees and assigns, agree to Join in the formation of a County Road '•( Improvement Dlstrlct pursuant to R.C.W. 36.88 at such time as a Road Improvement District Is created or any Road Improvement Protect Is sanctioned by Spokane County. k' The Improvements required (curb, sidewalk, drainage control and paving) will be at rt the sole expense of the owner, their heirs, grantees and assigns. (24 -that the sponsor shell prepare and submit to the County Engineer a design proposal acceptable to the State Highway Department . of the proposed State Highway- County Road Inteeeectlon. State Highway Department approval of the proposed design must be received prior to the filing of the final plat. Improvements to the State Highway are to be the responsibility of the Sponsor and may either be constructed or a bond • to cover the cost of such Improvements furnished to the County Engineer In the amount.X as d Ined by the County Engineer and the Stet. Highway Department. 123 -the proposed private road(s) as shown on the preliminary plat serving Tots with: no extension possible; extension to 8 or less lots; _ future public Right of May tract Is approved by the County Engineer. E26 -that private roadie) be improved to Spokane County standard tor a private road standard serving Tots. Subject to approval under section 10.207 of the Spokane County fire Cede. 127 -that the following provision be made that the following described property be held In trust until the continuation of the private road and the "Tract X" Is deeded or. dedi- cated: a 1 ft. strip at the ands or edges of all private "Tract X' that terminate or border the plat boundary. E28 - stateme shell be placed In the plat dedication that the "Tract X " private roads) Contained within this plat Is /ere for the sole use of parcels within the plat until such time as the roadway Is Improved and established as a public rood. On that the following st.tt t nt be placed In the plat dedication: WARNING: Spokane County has no responsibility to build, Improve, maintain, or other w ise service the private roads contained within or providing service to the property described In this plat. By accepting this plat or subsequently by allowing a building permit to be Issued on property on a private road, Spokane County assumes no obligation for said private road and the owners hereby acknowledge that the County h as no obligation of any kind or nature whatsoever to establish, examine, construct, alter, repair, Improve, maintain, provide drainage or snow removal on private road. This requirement Is and shall run with the land and shall be binding upon the owner, their heirs, successors or assigns Including the obligation to parti- cipate In the maintenance of the private road as provided herein. (30 -the proposed plat shall be Improved to the standards set forth In Spokane County Board of Commissioners Resolution No. 80 -1592, as amended, which establishes regula- tions for roads, approaches, drainage, and fees in new construction. £31 -the County Engineer has examined this development proposal and has determined that the impact of thls proposal upon the existing County Road System warrants the dedica- tion of additional right -of -way and the roadway Improvements herein specified. E32 -This plat or development proposal Is located within a drainage basin which has been identified by the Spokane County Engineer's Office as having stormwater runoff prob- lems, Since this plat or development proposal Is affected by or 15 a contributor to stormwater flows, property owners should participate in the planning and implementa- tion of a future baslnwlde stormwater management system. The following "Condition of Approval" shall he required: That the owner(s) or successor(sl in Interest agree to Join In any County approved Stormwater Management Program and to pay such rates and charges as may be fired through pnbl li ' for service or benefit obtained by the planning. .%eslgn, Constructing, moi raining. or operation of stormwater control facilities. foe TO: Spokane County Planning Department FROM: tiuurty Engineer's Department SUBJECT: Conditions of Approval-Zone Change -- Number: ZE `/8 Applicant's Name Brut° A /bai tu5 Section /6 Townshlp_2 5 N, Range yey EWM following - conditions of approval" for the above- referenced zone change are submitted to Spokane County Hearing Examiner Committee for inclusion in the staff analysis and 4ndings and order" of the hearing scheduled , 19_ C• r To The Issuance Of A Building Permit OFFICE, OF COUNTY ENGINEER SPOKANE COUNTY, WASHINGTON Applicant shall dedicate feet on for right -of -way prior to any use of the property. and prior to any use of the property. Access permits Spokane County for approachee Engineer. to the County Road System AN 1 �� 1 9 8 — US @cow c /5 3- 05 Applicant shall dedicate feet on for right -of -way and slope easements as necessary prior to any use of the property. Applicant shall dedicate a foot radius on Applicant shall dedicate feet on sod a foot radius on and for right- of-way prior to any use of the property. shall be obtained from the Access permits and improvements to must be approved by the Washington Department of Transportation. tit 7. Access permits and improvements to suet be approved by the City of . (a) Applicant shall improve in • manner consistent with Spokane County TYPICAL roadway section lb. minimum paving width . (b) Applicant shall improve In • manner consistent with Spokane County TYPICAL roadway section No. minimum paving width (c) Applicant shall improve ' in a manner consistent with Spokane County TYPICAL roadway section No. minimum paving width (d) Applicant shall improve In a tanner consistent with Spokane County TYPICAL roadway Section No._ minimum paving width . (e) Other specific Improvements: • 9. Applicant shall submit, for approval by the SpoPule County Engineer road, drainage, and access plans prior to the Insnanee of a building penult on the proprt ty. 2 To applicant. : .hAI! submit for approval by the Spokane Gr Engineer And the ::yr4•nn �!�•tai Ic,1 omhlm•J oii ^;Ile sewage r:yslem pl.ln Ind r.ul larr wnlc (*.r Health District n r d's pr•snl plan I or Ile •.iii it.• idu lrr1 in hit tar the I of m hni 111 ne .rr intt on 1 1"• pl , y. OVti 'age A purk Ly; p1,111 .in,l li.tl l ic rlrrulnl ion plan shall he submitted and Approved by the Spokane (.:mold Engineer prior to the issuance of a building permit ou the property. The design, location, And unangenient of parking stalls shall be In accordance with standard traffic engineering practices. Paving or surfacing as approved by the County Engineer, will be required for any i.drtion ut the project which is to be occupied or travelled by vehicles. A ft 911/4 The wort - applicant - shall Include the owner• or owners ut the property, his heirs, assigns, and successors. To construct the road improvements stated herein, the applicant may, with the approval of the County Engineer, join in and be a willing participant In any petition or resolution which purpose is the formation of a Road Improvement District (RID) for said improvement pursuant to RCN 36.88, as amended. Spokane County will not participate in the cost of these improvements. As an alternative method of constructing the road improvement stated herein, the appli- cant may, with the approval of the County Engineer, accomplish the road improvements stated herein by joining and participating In a County Road Project (CRP) to the extent Of the required road improvement. Spokane County will not participate In the cost of these improvements. The construction of the road improvements stated herein shall be accomplished as ap- proved by the Spokane County Engineer. All required improvements shall conform to the current State Of Washington Standard Specifications for Road and Bridge Construction, and other applicable county standards and or adopted resolutions pertaining to Bond Standards and Stornwater Management in :effect at the date of construction,. unless otherwise approved by the County Bogineer. Applicant shall file a petition for the vacation of prior to any uac Of the property. Applicant shall construct a paved and delineated access approach(*) to at the existing pavement op . Access to Road shall be prohibited until such time as specifically authorlted by the Spokane County Engineer. Roadway standarde, typical roadway sections and drainage plan requirements are found in Co Spokane 7e Board of r Commissioners Resolution Mb. 80 -1592 as amendedAN4 4.sc appi $1. This plat or development proposal 1s located within a drainage basin which has been identified by the Spokane County Engineer's office as having storwater runoff problems. Since this plat or development proposal Is affected by or is a m ntributor to store/ate' flows, property owners should participate in the planning and implementation of a future basinwide etorwater management system. The following "Condition of Approval" shall be required: That the owner(u) or successor(s) to interest agree to join in any County approved Stormwater Management Program and to pay such rates and charge' as any be fined through public hearings for service or benefit obtained by the planning, design, con- structing, maintaining, or operation of sturawater control facilities. ■ (MAC 197 -11 -960) Section 11.10.230(1) Purpose of Checklist: The State Environmental Policy Act (SEPA) chapter 43.11C RCN, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An Environmental Impact Statement (EIS) must be prepared for all proposals with probable significant adverse Impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required. Instruction for Applicants: This environmental checklist asks you to describe some basic information about your proposal. Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Anawer the questions briefly, with the most precise information known, or give the beat description you can. You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the questions from your o observations or project plane without the need to hire experts. If you really do not know the answer, or if a question does not apply 10 your proposal, write 'do not know" or 'does not apply." Complete answers 10 the questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as toning, shoreline, and landmark designations. Answer these questions if you can. If you have problems, the governmental agencies can assist you. The checklist questions apply to all parts of your proposal, even If you plan to do them over a period of time or on different parcels of land. Attach any additional information that will describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining If there may be significant adverse impact. Use of checklist for nonproject proposals: Complete this checklist for nonproject proposals, even though questions may be answered 'does not apply'. IN ADDITION, complete the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS(Part D). For nonproject actions, the references In the checklist to the words "project,' 'applicant," and 'property or site should be read 'proposal,' "proposer," and 'affected geographic area,' respectively. A, BACKGROUND 1. Name of proposed project, if a••lic.'le 1 Name of Applicant 7 /.5.f ( /)(4UT' 7 j9 fr ''�-f2.1);' ( 7;y171:1/ JJ / I Address and phone number of applicant or contact person: / /��� � , y� ( l)J U ) / rd jY,1l 7 i 7 ?5S 1 nl, 1! . i c/4 PINf`C ;zil. i 1(2 71 i Date checklist prepared: Agency requesting checklist .. - Proposed timing or schedule (including phasing, if applicable): \ I /113 1 , 1 7. a. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. /'id /7(r. i'V) A7 .t -f /r. BROKANE ENVIRONMENTAL ORDINANCE Environmental Checklist b. Do you own or have options on land nearby or adjacent to this proposal? If yes, explain. AJ /} File No. PE-16034 B. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. ti C3/ (VAC 19)- 11-960) Section 11.10.230(1) BACKGROUND (continued) 4/0,76: SPOKANE ENVIRONMENTAL ORDINANCE Do you know whether application. are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yea, explain. 10. List any government approvals or permits that will be needed for your proposal, if known. 11. Give brief, complete description of your proposal, Including the proposed uses . and the .tee of the project and site. There several question. later, In this checklist the; ask you to describe certain aspects of your proposal. You do not need to repeat those answer. on this page. , JJ%' /. /. , C) 7' r+_ S/J ( F') /N/)..• !.1 ' is 12')-x`, / .0 QG�iflll' - , . y - ' 1 [t- i f /7 /J i/ /; . '; 7 }:. .' i ll,`, .. • ft 1 i!T.) 12 /// rC7111 r)r „l 4rJ'O A; /2 / /) :;;in; /!J ,l';tl)X%l. 12. Location of the proposal. Give sufficient information to a person to understand the precise location of your proposed project, including street address, If any, and section, township and range, if known. If • proposal would occur over • range of area. provide the range or boundaries of the site (s). Provide a legal description, mite plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit application related to this checklist. /) vXr 40 ✓coo, 1 124•05 13-aaviecr2J 4 thigh, , 4/or,^-A 4/Lit, °FLYcii /oty/Q/ /e0D we 4 cif' =a:Ain /( 7. AOi:/ , 4L; u/, N - , /,n -in$ Gtr. r 13. Does the proposed action lie within the Aquifer Sensitive Area (ASA)? The General Sewer Service Area? The Priority Sewer Service Area? The City of Spokane? (See: Spokane County's ASA Overlay Zone Atlas for boundaries). - /¢ tal // fo 4 »w/e) X044/ <. 'e) r 1 4)4or, .60'/'/1 TO BE COMPLETED BY APPLICANT B. ENVIRONMENTAL ELEMENTS 1. EARTH a. General description of the site (circle one): rolling, hilly, .teep elopes, mountainous, other: b. What is the ateepe.t dope on the site (approximate percent slope)? {w0, c. What general types of soils are found on the site (for example, clay, sand,/ gravel, peat, muck)? If you know the classification of agricultural soils, specify them an Ttm a any prime farmland. d. Are there surface indications or history of unstable soils In the immediate vicinity? If so, describe. NO Evaluation For Agency use Only A9, (WAC 192 -11 -960) Section 11.10.210(1) B. ENVIRONMENTAL ELEMENTS(continued) 2. AIR Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill . .1/0A let el-v)clVl7 f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. No g. About what percent of the site will be covered with Impervious surfaces after project construc- tion (for example, asphalt or buildings)? %yY1ff ; C; / . (p0 ry SPOKANE ENVIRONMENTAL ORDINANCE Proposed measures to reduce yr control erosion, or other impacts to the earth, if any: //c PY ) ,A rin �d�- nc et J2" (fiat type of emissions to the air would result from the proposal (I.e., duet, automobile, odors industrial, wood smoke) during construction and when the project is completed? If any, generally describe and give appjoximate / qua if known. . h Are there any off -site sources of emissions or odor that may affect your proposal? If so, generally describe. c. Proposed measures to reduce or control emissions or other impacts to air, if any: WATER a. Surface: (1) Is there any surface water body on or in the immediate vicinity of the site including year - round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. (2) will the project require any work over, In, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. NO Evaluation For Agen , Use Only (VAC 197 - 11 - 960)' Section 11.10.230(1) B. ENVIRONMENTAL ELEMENTS (continued) Evaluation For Agency Use Only (3) Estimate the amount of fill end dredge material that would be placed an or removed wId from the surface water or wetlands and indicate the area of the site •fea that would be affected. . Ind icete the source of fill material. /I OI (4) 4111 the proposal require surface water withdrawals or diversions? Give general descrip- tion, purpose, and approximate quantities if known. Nski ;urea - rwof{ ey %I Qu 7&=:z' * %1 "-2p . ✓ y. n , 47 1 .4i. 0 / (5) Does the proposal lie within a 100 -year flood plain? 11 so, note location on the site plan. NA (6) Does the proposal Involve any discharges of waste materials to surface waters? If e describe the type of waste and anticipated volume of discharge. A/4 b. GROUND: (1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and fox at quantities if k wn AVO 4.01 A (2) Describe waste materiel that will be discharged into the ground from septic tanks or other aanlcary waste treatment facility. Describe the general size of the system, the number of houses to be served (if applicable) or the umber of persona the system(s) tem(s) are expected to serve. O/ Sri h// r; � / f d 7Za) oemi#y n- r;6- %7W / /4J /e Goner - 7`. NONE NONE SPOKANE ENVIRONMENTAL ORDINANCE 4 (I) Describe any systems, other than those designed for the disposal of sanitary waste, installed for the purpose of discharging fluids below the ground surface (includes systems such as those for the disposal of storm water or drainage from floor drains). Describe the type of system, the amount of material to be disposed of through the system and the types of materials likely to be disposed of (including materials which may enter the system inadvertently through spills or as a result of fire fighting activities). (4) Will any chemicals (especially organic solvents or petroleum fuels) be stored In above ground or underground storage tanks? if so, what types and quantities of materials will be stored? V' Ea", (MAC 197 -11 -960) Section 11.10.230(1) 1. ENVIRONMENTAL ELEMENTS (continued) (5) What protective measures will be taken to insure that leaks or spills of any chemicals stored or used on site will not be allowed to percolate Co ground eater (this Includes measures to keep chemicals out of disponi sy stems described In 3b(2) and 3b(3)? Water Runoff (Including storm eater): (1) Describe the source of runoff (including if any (include quantities, if known). Where other water.? If so, describe. y7a S * G!.(3) SPOKANE ENVIRONMENTAL ORDINANCE storm water) and method of collection and disposal will this water flow? Will this water flow into P. /vnaf on ' /f ✓np " (2) Will any chemicals be stored, handled or used on the site in • location where • .pill or leak will drain to surface or ground voter or to a atop water disposal system disch•rging to surface or ground water? (3) Could waste materiels enter ground or surface waters? If so, generally describe. N0 Proposed measures to reduce or control surface, ground, and runoff water impacts, if any (If the proposed action lies within the Aquifer Seneltive•Area be especially clear on explanations relating to facilities concerning Section. 3b(4), 3b(5), and 3c(2) of this checklist). 4(/ /// Game / 1 4( !aerT& fi> le-a) C oun4/ 5e'!h°Y• PLANTS a. Check or circle type of vegetation found on the elte: deciduous tree: alder, maple, aspen, other. evergreen tree: fir, cedar, pine, other. shrubs. grass. pasture. crop or grain. wet Boll plants, cattail, buttercup, bullrush, skunk cabbage, other. water plants: water 11117, eelgrass, alIfail, other. other types of vegetation. - What kind apd amount of vegetation will be d or altered? / / , , }9nf t it / � - V(v d, / 43 remn✓r List threatened or endangered species known to be on or near the site. /V9N Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: 3- Evaluation For Agency Use Only (WAG 197 -11 -960) Section 11.10.230(1) E. ENVIRDNMENTAL EIAMENTS (continued) gib /5 41 ANIMALS .. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site: birds: hawk, heron, eagle, songbirds, other: mammal.: dear, bear, elk, beaver, other: fish: bas, salmon, trout, herring, shellfish, other: other: L1it any threatened or endangered species known to be on or near the site. c. I. the r ite part of a migration route? If .m, explain. 1 d. Proposed measures to preserve or enhance wildlife, if any: ENERGY AND NATURAL RESOURCES a. What kinds of energy (electric, natural gas, wood stove, molar) will be used to meet the the completed project's energy needs? Describe whether It will be used for heating, manufac- turing, etc. 1' Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. Whet kinds of energy conservation features are e included In the plane of this proposal? List other proposed measures to reduce or controlenersy impacts, if any: ) • A_ S ov A �f� «- /nnd /07 q /&44- . ,G&r,A -- / /t' x ?r` /er4- . aJe eY Y1 EPORANE ENVIRONMENTAL ORDINANCE Alt a) : (1) Describe penal emergency .ervices that might bee re :uired�^ A40 clr& !!!'J t-l(ri • O// AYi /vb /e Gi)/ W.1); Yni oinee4� 6 ENVIRO NMENTAL HEAL a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, .pill, or hazardous waste, that could occur as a result of this proposal? If •o, describe. r Evaluation For Agency Use Only (VAC 197- 11 -96U) Section 11.10.270(1) ' B. ENVIRONMENTAL ELEMENTS (continued) ENVIRONMENTAL HEALTH (2) Proposed measures to reduce or control environmental heal h h s, if any: ,Visit 04 /cn. ,4v r"d/1 g• Noise: (1) What types of noise exist in the area which may affect your project (tor example: traffic, equipment, operation, other? T• / Ala 4/e "'a i i Y10 "ir i iG eV/ mates (2) What types and levels of noise would be created by or associated with the project on a short or a long -term basis (for example: traffic, construction, operation, other? Indicate what hours noise would come from the site. /f/D/1/EE (3) Proposed measure/to reduce or,control noise impacts, if any: LAND AND SHORELINE USE / What Is the current ump of the site and adjacent properties? C 0 Has the site been used for agriculture? If *0, describe. 1 Describe any structures on the site, /1/ 7.1/74z., /7„ - J2 -, Will any truct be,demollshed? if so, which? - .- --)1: '77 , i(7' — )1: ' 7ly7 7. A.' ,'/�"(. ,(fin /7•6,74 What is the current zoning classification of the site? What 1s the current comprehensive plan designation of the site? Has any part of the site been classified as an 'environmentally sensitive" area? if so, specify. If applicable, what is the current shot (ne mast r program designation the site? N/1 Approximately how many people would reside or work in the completed project? a& asp4- ., 14 d4it. anti Evaluation For Agency Use Only (VAC 197- 11-960) Section 11.10.110(1) B. ENVIRONMENTAL ELEMENTS (continued) Approximately how any people would the completed project displace? Proposed senores to avoid or reduce displacement impacts, if any: SPOKANE ENVIRONMENTAL ORDINANCE 8 1. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, It any: 9. HOUSING a. Approximately how many units uld be provided, it any? Indicate whether high, middle, or low- income housing. / a Approximately how many a lts if any, would be eliminated? Indicate whether high, mlddle,or low - income housing. Proposed measures to r!u<e or control housing impacts, If any: N fr 10. AESTHETICS a. What is the tallest height of any proposed structure (s), not including antennas; what is the principal exterior building material(s) proposed? b. What views n the immediate vicinity would be altered or obstructed? O N5 . Proposed aau e too reduce or control sth Impacts, if en .a 4 j PIJG 11e ;47U/"y— Y oiY / n �p /.. 11. LIGHT AND CLARE a. What t pe light or gIA re L the pro�•a1 producg? a time of da� uld It ve;nly occur? %ot4o /h ,i / r2r /i /I '° ( �,m. (2)' / y7�' ././711. 7 G 7 // L' Could 11 Sly[ or glare from the finished project be eufety hazard or interfere with views? What existing off-site sources of light or glare may effect your proposal? Pro sed measures to reduce or control light ant glare i p /cts, ,If any: ‘/ /� �t - . 1 c 9 . n / o fr>��A� eobi / � 6„,/ . j s /mA7 7 7P/c 4 4 10 Evaluation For Agency Use Only 1 (MAC 197- 11-960) Section 11.10.270(1) 1. ENVIRONMENTAL ELEMENTS (continued) 12. RECREATION a. What designated and informal recreational opportunities are In the lamediately vicinity? Would the proposed project displace any existing recreational uses? If so, describe. /d DOUSE ENVIRONMENTAL ORDINANCE Proposed measures to reduce or control Impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: 13. HISTORIC AND CULTURAL PRESERVATION a. Are there any places or objects listed on, or proposed for national, state, or local preserva- tion registers known to be on or next to the .Stet If so, generally describe. NJ Centrally describe any landmarks or evidence of historic archaeological, scientific or cultural importance known to be on or next to the site. c. Proposed measuree to reduce or control impacts, If any: 14. TRANSPORTATION a. Identify public streets and highways serving the site, and describe propo access to he ..4,/ — existing street system. Show on site plans, if any (?/V 'DIY' 'DIY' / ,7/% �/ / Froackty 4,,74t)-7 a . e -& ¢ /' r� to of 5y7 , AA ithri.4 .�;� Plei:v o `- o Prir5 ,) -- 2i I .4 fo /140 i , frit) ,6 /oo 4 A ' i n, ---,r 4 /&i f ro , ;7/ 9 . J x - 9 . e rued b ub l < tans transit? If not, site currently • by p , what is the approximate distance to the nearest transit atop? How many parking spaces would the completed project h e? How many my the project eliminate? 5na .4 - 46,11/1 e mil Will the proposal require any new roads or streets, or improvesenea to existing roads or streets not Including driveways? If so, ger describe (Indicate whether public or private). AP ri _ J /ye r ff V, // A4, fr/piti.l. fl'i../ :i'i'v.r.I Ah /d .:v Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. Evaluation For Agency use Only (MAC 197 - 11 - 960) Section 11.10.230(1) B. ENVIRONMENTAL ELEMENTS (continued) c. SPOKANE ENVIRONMENTAL ORDINANCE i0 Evaluation For Agency Use Only Now many vehicular trips per day would be generated by the completed project? If known, Indicate hen p wool o c / /11/ g. Proposed measures to reduce or control transportation impacts, if any: 15. PUBLIC SERVICES a. Would the project result In an increased need for public services (for example: Fire protection, police protection, health care, schools. other)? If so, generally describe. %(o x> p y: i l A je r/ 1 b. Proposed measures to reduce or control direct Impacts on public services. If any: 16. UTILITIES a. Circle tat service Date: 411/ /e Phone: l./'(.B- ! �re tl available at the alte: FOR STAFF USE ONLY Staff Member(s) Reviewing Checklist: nitary sews septic system, /i O atural ala water b. Describe the utilities that are proposed for the project, the utility providing the service and the general construction activities on the site or In the immediate vicinity which might be needed C. SIGNATURE 1, the undersigned, swear under the penalty of perjury that the above responses are made truthfully and to the beet of my knowledge. I also understand that, should there be any willful misrepresentation or willful lack of full disclosure my part. the agency may withdraw any determination of nonslgnlf lcance that It might issue in reliance upon this checklist. Fr..onent Sr�u A -.- POOFFFa1/ 4 3Ure.OnJG (Please Print or � e) r Type) Add ream: 1V • OM' / /'v9 RD. 1/t. �./) c5?0 w46N . %tea phone: 4�m�i' 7(/16 /�' L�� (LA �� A Person completing form: (JCCt •� ZJc1.�le n Based ou tb staff review of the environmen al checklls / nd other pertinent Information, the staff: Date: 4106 Concludes that there are no probable significant adverse impacts and recommends a determination of nonsignff lcance. Concludes that probable significant adverse environmental impacts do exist for the current proposal and recommends a mitigated deter- mination of nonaignlflcance with conditions. Concludes that there are probable significant adverse environmental Impacts and recommends a determination of significance. FILING FEE - 175.00 SPOKANE COUNTY ENVIRONMENTAL ORDINANCE (WAC 197 -11 -970) Section 11.10.230(3) Determination of Non - Significance (DNS) D E T E R M I N A T I O N O F N O N - S I G N I F I C A N C E " D N S " .FILE NUMBER(S): PE- 1503 -85, ZE- 48 -85, "BROADWAY PROFESSIONAL CENTER" PUD PROPONENT: Bruce R. Alharitis N 1014 Pines Road $pnkana. WA 928 -7096 DESCRIPTION OF PROPOSAL: To establish a professional business center for individual ownership of 5 lots with common open space. The proposal zone change is from Agricultural to Residential Office. LOCATION OF PROPOSAL, including street address, if any: Generally located north and adjacent to Broadway Avenue, approximately 250 ft- west of Pines Road in Section 16, Township 25N, Range 44 E.W.M. Spokane County. LEAD AGENCY: SPOKANE COUNTY PLANNING DEPARTMENT DETERMINATION: The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An Environments Impact Statement (EIS) is not required under RCW 4 3.21C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. RESPONSIBLE OFFICIAL DOUGLAS S. ADAMS Position /Title - Spokane County Subdivision Administrator Phone - (509)456 -2205 Address - Spokane County Planning Department North 721 Jefferson Street Spokane, WA 99260 DATE ISSUED: April 23. 1985 SIGNATURE: This "DNS" is issued under 197 -11- 340(2); the lead agency will not act on this proposal for fifteen (15) days from the date issued (see above). COMMENTS MUST BE SUBMITTED NO LATER THAN May 22, 1985 by 5:00 P.M. vtift ####,Offs itif# ####iiiiiii#Miiiiiiiiiiiiiiilii ## #### APPEAL of this Determination may be made to the SPOKANE COUNTY PLANNING DEPARTMENT, North 721 Jefferson, Spokane, WA 99260. This appeal deadline is the same as the above proposal appeal deadline, being ten (10) calendar days after the signing of the Findings and'Order. This appeal must be written and must be prepared pursuant specific criteria on offical appeal forms. Contact the above Responsible Official to assist you with the specifics for a SEPA appeal. iiiiif#i##i##iiiiii#i##i###i#i iiii#### i# ### i##i i##### #######i##iii### # # ## # #i ##i# ## ## • This "DNS" Form was mailed to agencies and departments as noted below. 1. WA State Department of Ecology (Olympia) 2. WA State Department of Social & Health Services 3. Spokane County Engineers 4. Spokane County Utilities 5. Spokane County Health District 6. Spokane County Building & Safety Dept. 7. School District - Central Valley #356 8. Fire District #1 9. Modern Electric Water Co. 10. WA State Department of Transportation (Spokane) `• >= EXHIBIT B Total amount of land in this Subdivision: 1 .5 Acres Total Number of Lots 5 PRE[ Y T FLICATIIN FORM ALL SIGNATURE BLOCKS (ON PAGES 2 AND 3) MUST BE FILLED IN, IF APPROPRIATE, BEFORE RETURNING TO THE PLAT. ADMINISTRATOR. Part I - To be completed by applicant and surveyor AREA AND DISTANCE******►s#►►►►►►►►#►►►►►#####►##►►#►►►►►►►►►►►►# ► # # # # # #► ► ►► ►►► ►►► ► # ►►► #► ►*** * *. Proposed density of the Plat: 3.3 Total amount of adjoining land controlled by this owner or sponsor: Proposes Use of controlled adjoining land: N/A What is the driving distance in miles to the nearest fire station? 1 1/2 Shopping facilities? 3/4 Municipal Boundary: 5 Paved street or highway Adjacent • Describe any non - residential use proposed in the Plat: Professional and /or business offices !lone LAND USE Comprehensive Plan Category: Indicate the proposed land use of the plat: Single Family Dwellings ( ).. Duplexes ( ). Indicate lots for duplexes: Multi - family dwelling units ( ). Indicate which lots: Mobile Homes ( ). Other ( X ). Describe other uses: Professional and /or business offices 7. 4-What is the present use of the property proposed to be platted? Vacant RES�/>ENer� List type of uses: Cultivated land: acres. Pasture: acres. Timber: acres. Vacant: 1: acres. Other: Acres Is keeping of animals desired? No ( X ). Yes ( ). Type: Proposed Zoning: IMPROVEM ENTS ##*}►####►## t►#►################### # # ## # # # # # # # # # #### # # # # # # # # # # :J:# Do you plan to file the Plat in its entirety as proposed, or will it be. &multi- •p?iaec.T ve- lopment? In its entirety To what level of improvement will streets be constructed? Gravel ( )'.- alinimuin Curb and Gravel ( ). Curb and Paved ( ). Paved only ( X ). (PRIVATE Describe any combinations of above: . What is the time period expected for complete development of the Plat: 2 "rs Street improvements completed? 2 yrs Substantial number of lots occupied? 2yrs Is dedication of any land for public use contempleted? (Parks, schools, etc.) No. ( X). Yes ( ). Describe: Indicate the size of units proposed to be constructed: Number of bedrooms N/A • Estimated Sale Price . Will buildings be built on the lots before they are sold: No ( ). Yes ( X ). Will any special deed'restrictions be included in the sale of lots? No ( ). Yes ( X). If "yes ", explain: Covenents, conditions & restrictions per PUP documents • UTILITIES##########►#►####►►►►►#►►►►►►►#►►►###►►######►##►#►#►►# ►* ** * ** # ► # #► ► # ► ►► ►► # ► ► # ► #* *** ** Indicate the proposed method of sewage disposal: Septic tank ( ). Lagoon ( ). Treatment plant ( ). Other, or combinations (Describe) Public -OVER- Lots /Gross Acre Acre: Square feet Indicate the proposed source of water supply: Individual wells ( ). Public system (X ). Private community system ( ). Indicate method of extending service to the lots (Dwellings): Underground utility easements (X ). Overhead utility easements ( ). Utilities in streets ( ). No easements ( ). Indicate the distance from this proposal to the nearest existing water main: adjacent feet Indicate size of nearest main* 12" inches. UTILITIES - (Continued) List utility companies or districts expected to provide service to this Plat: Electricity: Modern Elec Gas: WWP Water: Modern electric Phone: PNB ACKNOWLEDGMENTS PROPOSED PLAT NAME: BROADWAY PROFESSIONAL CENTER I, the undersigned, have completed the information requested, and the Preliminary Plat has been prepared by me under my supervision in accordance with the requirements of the Spokane County P1:..'.• Department and the laws__Qf the State of Washingtin. (Signed) � /02 -. Date: S 7/73— (Address) S. Z5 te e Ct a.- 0i7 Phone: S -/ I, the undersigned,'swear under the penalty of perjury that the above responses are made truthfully and to the best of my knowledge. I further swear that I AM THE OWNER OF RECORD of the site proposed as the preliminary plat, or, if not the owner, attached here- with is written permission from said'owner authorizing my actions on his or her behalf. T- also understand, should there be any willful misrepresentation or willful lack or full disclosure on my part, Spokane County may withdraw any declaration of non significance that it might issue in reliance upon this checklist. (Signed) Ate, • l. 1 Date: g #//l9 (Address) ti. /0 /4 j /:D. Phone: 928 - 70yc, "fa 4'4 w 5µ. Zip: q yzo( NOTARY J �Z 2uz ,9 ' )�� Date: *70 5 NOTARY SEAS: A. 3. C. Sates ac ory arrangement (have) D. Signature (only when items A, B E ,C r ate A (wa $ystem) is purveyors name signature and title E X H I B I P A PRELIMINARY PLAT APPLICATION FORM (Continued) S)0/a -3cL oe=‘� Zip: 7jZ ■ Part II - to be completed by water purveyor - See PART VI (is not) situated within our service area. le) and willing to Supply this subdivision with adequate water for (industrial) (c.•^_.-__ 'al) uses. been made to serve this proposal. rue and completed) ed) (de •ie') as an i ter'( water source. f' — ( date / 85 Part III -to be completed by Health District A. Health District staff has completed a field investigation of the site. r signature and title B. Health District requirements for preliminary plats have C. Signature Page 2 been satisfied. E X H I B I T A PRELIMINARY PLAT APPLICATION FORM (Continued) * * * * * * * * * * * * * * * * * * * * * * * * Part IV - To be completed by County Engineers Office A. County Engineers Office requirements for preliminary plats have 4- - -prat) been satisfied subject to submission and approval of drainage calculations and drainage plan. B. Signature Signatu a and Title * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Part V - To be completed by Count Util ities Dept. A. County Utilities Department requirements for preliminary plat i}a.va (have not) been satisfied. Signature B. Signature and Titl * * * * * * * * * * * * * * * * * * Part VI - To be completed by A. Fire Flow of /t,L',N#UED gall Date Date Plat Plat Submitted: Accepted: File No: Name: Number of Lots: a $vc/f,ity Water District: /44/ Y,1V2 " ;G ///71 Comp. Plan Category: /,'/A »42 PSSA bdry: L ,R4in * * * * * * * * * * * * * * * * v /J Date Date * * * * * * * * * * * * * * * * * * * * County Building & Safety -OZI=7-- —. required for proposal. * * * * A , * ., * * .. * .. .. ., ..— signatur /an `'tie /" date THIS PART TO BE COMPLETED BY SPOKANE COUNTY PLANNINT DEPARTMENT Planning Department Information Preliminary Plat Fee: d - ) 1 °A f 9rQc /503 - 6 5 Checklist Fee: •P! 7 ' ( A ) Zone Change File No: ZL — 45 Existing Zoning: 46 AD Date Established: /f /9SS -PUBLIC. HEARING. DATE: Page 3 Location: Sec. /.1- T ?S R Uyi Advertised Zone Change: k'sic(,t,,,,,jiat Cal 00 School District: 4i.35.„ °� „f:, /iLiilo. Checked by: J • ecle ., Fire District: it . /. 013 I9 &5 A. PROPOSAL B. DEVELOPER or AGENT OWNER ENGINEER Remarks: <) c D. SPECIFIC CONDITIONS: E. FINAL PLAT CHECKS Mathematical ■ No. 1 No. 2 No. 3 S P O K A N E C O U N T Y E N G I N I E R - - P R E L I M I N A R Y C O N S U L T A T I O N - -= Project Name: Number of Farce s Section /4 T Name: .n !'t'.! -e d) Pave e) Approaches f) Drainage g) State /City Number !'07ti/JI W / pro r nr... I ( C - S N., R. e li E.W.M.; Quarter 1 2 3 4 44,2 Prim 5 9a6 -) 017 Home Address: Phone: Business Name: By(iu.J1A ;c„j 0 - 11 CT,✓J��. z-..c ., Address: Surveying Checks: Date Date Date Phone: Business Home Name: Address: S ?-S 4 ch Phone: Business <3S /yip Home PRELIMINARY CONSULTATION: Date: / / By: edy O ti n/h — Preliminary a) Right -of -Way /C) i h'o I � / e G 1leea C Conditions b) Curb yrS c) Sidewalk t Rev ew Yes o Fee Paid: Yes No Amount $ 3 0 ✓ Planning Application Signed: Date / / By: 1- 3 4 .9 irosAi A y� o 17?-1" NOTE: This proposal must with Spokane County Regulations for Roads, Ap- proach and Drainage in New Construction; Board of County Commissioners Resolution No. 80 -1592 as amended. Conditions are preliminary and may change after field in- spection and review of County records. C. INSPECTION Date: / / By: Remarks: By By By J Check 3 p Fee Paid: Date Amount Check Cash Additional mathematical and Surveying Checks: Fee Amt. &DC.Pd. No. 4 Date By No. 5 Date By Fee Amt.&Dt.Pd. No. 6 Date By Fee Amt.&Dt.Pd. No. 7 Date —_—BY Fee Amt. &Dt.Pd. I./ _____,, RECEIPT Date `/— 19 �J 329 Received From tot - e A / L p 1'1 Address N. / 1/ //r, e3 o ' Dollars $ 83( — 11 r L For 8(oC�.� L.?f. /rcifft°s;a (e vlPr f 4 l!, P' ACCOUNT HOW PAID • AMT. OF ACCOUNT CASH , SPO 4 . 1 1 • _ _ AM'. CHECK te <Ic ,, , ::�.+' - B sPo � �;,tc' Y 1 i ( • ' ...L/ BALANCE DUE MONEY ORDER 1� 8K808 BRUCE E. ALBERTUS - ARCHITECT DBA DESIGN ALLIANCE ARCHITECTS & PLANNERS N. 1014 PINES RD. 928-7096 SPOKANE, WASHINGTON 99206 Into o the der � of tars 'yvp N0.004Eo TfgR /X EIdl.CR1e_._ Cam. SPOKANE VALLEY REGIONAL OFFICE BANK OF SPOKANE E. 12902 SPRAGUE SPOKANE, WASHINGTON 66216 (509) 924-6400 QdflthgY ,n2 cp2 . "00051.50 r: I. 25 L07600 2 7000 28 3 711' 4Paic, / 19g 0515 28- 760/1251 Hearing Examiner Committee Actions - May 23, 1985 4. REZONE OF FINAL PLAT, ZN- 54 -85, R -1 TO AGRICULTURAL SUBURBAN (Upham's Addition.) Sponsor: 466 -6271 Agent: 928 -0600 James Upham Route 3 Mead, WA 99021 Proposal: A request to rezone an approximately 22.4 acres from R -1 to Agricultural Suburban for the purpose of allowing limited animal keeping within the final plat of Upham's Addition. Location - The site is generally located north and adjacent Peone Road approximately 1/4 mile west of Fairview Road in the NW 1/4 of Section 11, Township 26N, Range 43 E.W.M., Spokane County, Washington. Action: Unanimously approved PRELIMINARY SUBDIVISION , ZONE RECLASSIFICATION AND FINAL PLANNED UNIT DEVELOPMENT 5. PE- 1503 -85; BROADWAY PROFESSIONAL CENTER ZE- 48 -85, Agricultural to Residential Office Sponsor: 928 -7096 Bruce Albertus N. 1014 Pines Road Spokane, WA.99206 Action: Unanimously approved Gordon Curry E. 9209 Trent Spokane, WA 99206 Surveyor /Engineer: 535 -1410 Patrick J. Moore S. 25 Altamont Spokane, WA 99202 Location: Generally located north of and adjacent to Broadway Avenue approximately 250 feet west of Pines Road in Section 16, Township 25N, Range 44 E.W.M., Spokane County, Washington. Comprehensive Plan: URBAN, within the Priority Sewer Service Area. Proposal: To establish a professional business center for individual ownership of 5 lots with common open space. The proposed zone change is from Agricultural Suburban to Residential Office. The applicant's PUD site plan contains provisions for landscaping, sight obscuring fencing and interior walkways and lawn. Hearing Examiner Committee Actions - May 23, 1985 1:30 P.M. (or as soon thereafter as possible) PRELIMINARY SUBDIVISION AND PLANNED UNIT DEVELOPMENT 6. PN- 1500 -85 HOLMBERG SQUARE VN- 54 -85, Rear Yark Setback and Fence Height Sponsor: 466 -5600 Surveyor /Enqineer: 467 -5261 Darrel & Sheila Merritt Route 3, Box 186 Chattaroy, WA 99003 J. Paul Ramer P.O. Box 18779 Spokane, WA 99208 Location: Generally located east of and adjacent to Wall Street and north and adjacent to Holland Road in Section 18, Township 26N, Range 43 E.W.M., Spokane County, Washington. Comprehensive Plan: URBAN, within the Priority Sewer Service Area. Proposal: To establish 3 lots for single family dwellings on approxi- mately .9 acres and a Planned Unit Development for 9 duplexes with zero lot lines on approximately 3.1 acres with common open space and landscaping. The proposal also includes a Variance from the minimum rear yard setback. The PUD site plan provides for interior landscaping and a jogging track. A fence is provided around the exterior of the divided duplex lots; a fence height variance to 6 feet is requested in lieu of the maximum front yard height of 3 feet. Action: Unanimously approved PRELIMINARY SUBDIVISION & ZONE RECLASSIFICATION 6. PE- 1501 -85, ROYAL ESTATES ZE- 46 -85, Agricultural to Agricultural Suburban Sponsor: Surveyor /Engineer: 926 -1322 Royal Cronquist E 19319 Sprague Greenacres, WA 99016 Michael Phillips N. 909 Argonne Road Spokane, WA 99212 Location: Generally located north of and adjacent to Sprague Avenue approximately 120 ft. east of Holiday Road in Section 17, Township 25N, Range 45 E.W.M., Spokane County. Proposal: To establish 8 lots for single family residences on approxi- mately 2.3 acres with lots ranging in size from 11,100 sq.ft. to 16,300 sq.ft. The zoning is proposed to change from Agricultural to Agricultural Suburban. Action: Unanimously approved. The above actions are SUMMARIZED. The detailed information, public record, findings of fact, decision and conditions are available for public review at the Spokane County Planning Department. -1503-85 (P 4 l 4NiS) la1 c,49 GE 4, 4e '/O Qr ITS V'Av t /SO OJr1►) t .� rfpl.(H N � . FENCE.- WEST, r� g MOP TY f.I.JGS, 13P)04owAY Av. s 00 4frLICAT 81.D• 2ESCIPTIOr1Se 7 21,SE- iforl'r'i ST OFF' C5. sLs • ONE (1) .M � L , rog $• PoloP'SSSIOri/sLo oPPIc5 4601-T,ING•• ELI. f3E,S16oNS- ONE. <e) §•rOVW OySIrp*1°ITIAL• GP/SO7AC1('aPla r )°J ec CP'ITEPI/ IN dr E X 1 ST 1 N G ZCIN E (sse oevG �sGow) Pp,or'osEr ZONE THIS DWG S ITC-' AP15446 (2OI)( PEP)cSNT P3LOG COVE6ASE:. (0>lor)G, pep)cENT OPEN SPA (HA su � PoPos ST> FLOG TyPS ) AspEot)'' L ��s lPr t�N' , 1 �' I ,►:ta gEP SITS PLAN Pool is . _s 6LJILOING HEIGHT' V4gy 045o ¶ P4p,', I NG P,esQM'r (3) bs •4s ace) 4 (I) b , ( + °Mao ( o) 1(0 c►pIs AcTUAL 4tHG _ _. _ cross L. ANOSC,PIN HOTS TOTAL SITS To N,wE LANDSCAPING. t, LAWN. coNc.w, LKS CO iNECTI_NG PaLoCiS IN MANNED Op A CAMPUS 7.SIC.N. TIMEIN 4LToMArlc. SPPINI4L641 SYSTEM ACA ALL LAWN 6 LAND SC4PI NG. LE.G4L r)SSCPSI TION - g�LIM. wA Nye z..� T �...� �. � ,.x ,.�a. ASS °N AL. P� °F C I G� par 10 iki 114.s Alit)ii• i s oFPIGS oP TAU> UN EACaPT 1146 wessT 19rpri FEST ToGSTI4E W171.4 714e wgST 0PTON1 TP'IST'S OP Ce UIL ?IN . (I) OOGTO r ori rio samstevszrarasaarsraamatamosrxas r,.o. . cos. li.D. G145 0 s. C� A /45I0,39os.7 ° 10. Ce 29,190 sf) 3. yo VIENMSMININNISMISEROMISMNii rr : FND BOAT SPIKE Chord Bearing; z' C i N 44 °48' 23" 'E C2 S 45 °11'24" E C3 N 44'48'23" E C 4 S -45°11'24" E - �FN,2 403 REBAR IN 1/2" I P DOWN / ?: DID NOT ACCEPT AS NE CORNER OF TR. 76 0� 0 ( END. 1/2" REBAR. (138C) 25.09 0.03'S. OF LINE -0- .'0 I\ \ FND. I f _ " /. P ACCEPTED AS NW COR. OF S //2 . OF TRACT 76 • 326.91 N89°38' 22 "E 195.70 /CALC. 'POSITION 030' W. OF FND. 3/4"/P (PER S /MPSON R. O.S., BOOK /8 OF SURVEYS, PAGE 34 ), (ALSO 0.25' NORTH OF /.R) FND BOAT 0.02' N. OF Examined and approved this and approved this Examined and approved this Examined and approved this LC) m OD ON N ° N 0 0 2 w W 0 0 4 0 4 0 cc w 1- � In • .-i Q_ m • 0 N o � O N 0 r) z W lL 0 95.70 5E39°36 W 1 '2101 326.88 `- - 326.8 0 f °o 0 V 195.68 F1 SPIKE BROADWA 45.12 089 °39'58" 45.39 090 °20.28 21. 15 089°39'58" 21.28'' 090 °20'28" SURVEYOR`' S 332.04 326.41 I 30.00 FND. NA /L W/ TAG ,fi. ??3/5 (BBC. ?) 0.04'N. OF f SEE SURVEY BK. 1I, P. 40 N89°38 22" E 131.22 N • r � G ti U } N 9° 58' 25" E day of COUNTY ENGINEER ___ day of �! Sp 58.00 N89 ° 39'09 "E' 54.85 57.00 3.5 ',BLDG 3 Cis SETBACK in o 3 m _ o 3,990 SQ. FT. N 89° 58' 25" E o. 0 0 0 0 z' z 57.00 o SETBACK (--� crs (COMM m : 10 N89°58 25"E 6.5' BLDG. SETBACK 13 in mo o Im 0 .O 4 o r- ,408 SQ.'FT,,O 0 0 0 z )- N 89° 58' 25 "E ao m &V O O 0 0 o 3.20 co 0 N N BLOCK COUNTY UTILITIES DEPARTMENT COUNTY HEALTH DISTRICT .r - -�� : r te \1 -- N 89° 38' 22"E 103.21 T 5 ON AREA 47 AC. 20 .18 N89° 36'18 ° E 1010.51 (BASIS OF BEARINGS FND. /P4 " /. P. 0.28' S 8 4 8 032' W. OF CALC. POST (BK 3 OF SURVEYS, P. 56) CURVE INFORMATION Chord Delta Radius Arc Tangent 32.00 50.08 31.81 32.00 50.46 32.19 15.00 23.47 14.91 15.00 23.65 15.09 CERTIFICATE' Patrick J. M re, RLS Certificate Number 18091 COUNTY PLANNING DEPARTMENT day of J q. 7�o 1 Di ctor, Spo Department y engine r NORTH L /NE OF TRACT 76 (f OF CATALDO AVENUE) 668.45 FND. P. K. n 3.00 day of , 19 Spokane County Health'. Officer 1.22 70.00 N59 °38.' 22 "E 48.35 Q o a' • 0' 0 4,642 rn0 1 3.5' BLDG. `n o SETBACK 1 N89 °58' 51 "E z 65.00 3.5' BLDG. a' ` SETBACK , a 00 ) 00 _-+ ; O -4 • 0 0' 3,835 SQ. FT ' 0 0 CO 0 L(1 0 0 0 0 0 1 N89 °58'51E ' 65 Director, Spokane Coun Utilities .D! m (1) W U) w 0 0 4 0 4 0 I 0 AVENUE \ m 0v o ") m" M 0 t 3 4 > m c‘j � _ N 0 Z) C4 N ON ,N0 0 0 N89 °58' 5 3 Z i E O L FND. 3/4 " /.P 0 28'S. 8 056'W OF CALC. POS /T. (ROS B( .3 OF SURVEYS, P56) This map correctly represents a surk/ey made by me or under my direction in d'i i n Ordi'na ce. Subdivision n mot' S ok ne County u of he a conformance with the requirements .---� J 19 t , 19 e N",0 1® 1 unty P1 ann i NORTH L /NE OF 51/2 OF TRACT 76 N89°38' 22 E 256.92 1-. CALC. POST. Oci MM N '))M SOUTH /0' OF TRACT 76, ADD /TIONAL <R /W , FOR BROADWAY AVE. . NO. 443, CRP /958 EXST R/ O E W y am-- 256.88_ O 326.88 O 326 8(0) 0 N - 286.74 30' 0 0 0 0 Examined and approved this E1/4 SEC. 16 - 25 -44 CO G SPOKANE COUNTY EN INFER S CORNER #/560 FND. BRASS CAP R.P.'S . CUT X /RED "X" IN S /DEWALK N3 / °E, 68.22' 8 S3 / °W, 68.'/2' N25 °W 72.09'8 S25 °E, 70.93' n Pacific , En Engineering Company Inland g g p Y South 25 Altamont Spokane, Washington 509 535 -1410 99202 COUNTY ASSESSOR day o • SCALE: • Fnd points as noted 0 Set 1/2 " rebar w /yellow plastic cap stamped "MOORE 18091" at angle point in boundary Set 1/2" rebar w /yellow plastic cap stamped "MOORE 18091" at property corners ) Measurements per plat of Opportunity or calculated from said plat The 'BASIS OF BEARINGS for this map is the bearing of N.89 °36'18 "E. on the centerline of Broadway Avenue, s per R.O.S. Book 18 of Surveys, , page 34. Spokane County Assessor COUNTY COMMISSIONERS This plat was approved and accepted by the C unty Commissioners' of Spo ane County, Washington on this f' day of 19 LEGEND 1 11 C i rm n S ok'a C" t" i oners a ne oun Commissioners � p Y COUNTY TREASURER I do'hereb'certif that 11 to hi h have y a xes w c ave .peen levied and become char - ge able against t o landr,shown` within this map b -.� w s aP have been fully paid this ( day , ( K ���.��,.;:`. ���-, 19 �, Spot an e Cou t a ur_er._ �• 0 , 19 PR i ohs o 1985, FINAL PLAT A PLANNED UNIT DEVELOPMENT SIONAL OF TRACT 76, OPPORTUNITY OF SECTION 16,T25N., SPOKANE COUNTY, WASHINGTON AUGUST 1985 BROADWAY ASSOCIATES, LAYN, b _ 1 • IICHAEL! TRANTOW, General Partner Fact ' A r 'Atto e in b Br ce E y y ROBERT G. WENDEL, General Partner by, Bruce E. A er A orney in Fact By: County D HINCKLE Gene r Paner t ruce E. lb r s, Attorney rt in Fact - (,(/(,e -e,. RICHARD G . BRAUTIGAM, by Bruce E. Albertu STATE OF WASHINGTON ) of Spokane a Washington General' Partnership General 'artner At ney in Fact V n al1 Partner MICHAEL` W. SIL EY, Ge r e by Bruce E. Alhsrt tto in Fact . k J/-e -- E ALBERTUS, G ra l Partner = BRUCE U Gene r STERLI) 7AVINGS AS j' IATION, a "'ishington Corporation J_. ss Witness my hand and officia above written. - ARY C' THFIELD, V ce President ACKNOWLEDGMENTS CENTER R.44 E.W.M. IN' WITNESS WHEREOF, the aforesaid owners have caused their names to he hereunto subscribed this e t day of c5irmauswg, , 1985. . J. bh;neid LY1dDA R. HINCKLEY, Genera Partner by B uce E. 1b r s, A orney in Fact 4 - It i General' Partner, TRANTOW, e e L ral Fact rn in Fac by B uce E. bC'�t},s, At ey .. L4llfl 714 1 l�di V cL__ c W atA MICHELE C. WENDEL, General Partner , by 8 uce E. A y ert Att ney in Fact � y LYN� RAUTIGAM :Genera Partner y B b uce E. be t At nev in Fact artt.t. CLARE SILVEY, Geiser 1 Partner by Br ce E. Al ertus Attp4qey in Fact NANCY J. '.LBERTUS, General Partner by Bruce E. Al tli.s„Att4Lpey at Fact IN WITNESS WHEREOF, STERLING SA,__.4GS ASSOCIATION, as beneficiary Ider Deed of d arid affixed its Trust, has caused corporate name t o be hereunto sbscrbe a a xe i c s c po e e subscribed seal (if any) this 3O! day of Ate 4157` , 1985. STATE OF WASHINGTON ) ss County of Spokane ) On this da of 1985, before me personally a ALBERTUS, m R US .t me known to be the andividual described in .and . pP eared BRUCE E. ALBE who executed the foregoing sument for himself d also s Attorney in Fac for LAYNE D. HINCKLEY, LYNDA intr R. HINCKLEY, ROBERT G; an WENDEL, C. WEN t DEL, MICHAEL TRANTOW, LYNN K. TRANTOW, RICHARD G. BRAUTIGAM, LYNDA M. BRAUTIGAM, MICHAEL W. SILVEY CLARE SILVEY, and NANCY J. ALBERTUS, and acknowledged that he signed the same as his free and voluntary act and deed for himself and also as his free and voluntary act and deed as Attorney i n' Fact for said general partners for the uses and purposes therein mentioned, and on oath stated that the Power of Attorney authorizing the execution of this instrument has not been revoked and that the said principals are now living. Given under my hand and official seal the day and year last above written. NOTARY PUBLIC i n and for the State of Washington residing at Spokane On this 30 day of kv1 y 1985, before me, the under signed, a Notary Public in and for the State of Washington, duly commissioned and, sworn, personally appeared GARY CRITHFIELD to me known to be the Vice President of STERLING SAVINGS ASSOCIATION, the corporation that executed the foregoing instrument, and acknowledged the said instruiant to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument and that the seal affixed (if any) is the corporate seal of said corporation. eal hereto 'iced the day and year first I NOTARY_ PUBLIC in and for the State of Washington, residing at Spokane �.�sifie @ &.i NO`S; ° y, {' a yy °� ...Q 9 ^H ja zQ, .�•' BROADWAY A REPLAT OF A PORTION LOCATED IN THE NE I/4 DEDICATION KNOW ALL MEN BY THESE PRESENTS, that BROADWAY ASSOCIATES, a Washington General Partnership, have caused to be platted into Lots, Blocks, and Common Area the land shown hereon, to be known as BROADWAY PROFESSIONAL CENTER I. STERLING SAVINGS ASSOCIATION, a Washington Corporation, as beneficiary under Deed of Trust, consents to this platting of BROADWAY PROFESSIONAL CENTER I, being a Planned Unit Development and a replat of portions of Tract 76 of OPPORTUNITY, located in the Northeast Quarter of Section 16, T.25 N., R.44 E.W.M., and described as follows: The Southwest Quarter of Tract 76 of Opportunity, as per plat thereof recorded in Volume "K" of Plats, pages 20 -23; TOGETHER WITH the West 70.00 feet of the Southeast Quarter of said Tract 76; EXCEPT the West 195.70 feet of said Southwest Quarter; additional r AND EXCEPT the South 10.00 feet of said Tract 76 for a right of way for Broadway Avenue; Situate in the County of Spokane, State of Washington. This Planned Unit Development Subdivision has been made with free consent and in accordance with the desires of the owners of the lands so divided. The owners adopt the plan of Lots, Private Streets, and Common Areas as shown hereon. All owners of lots in this plat will be members of the BROADWAY PROFESSIONAL CENTER OWNERS ASSOCIATION and subject to the Articles of Incorporation and By -Laws thereof, as recorded /114'1,5t 2S, > under Auditor's File Ivy $5 .. 08Z$0,027 Ttr(s n portion thereof and. the use of any property t' plat or any por on er y p p y therein shall be subject to and restricted by the terms of the Declaration of Covenants, Conditions, and Restrictions of BROADWAY PROFESSIONAL CENTER P.U.D., as recorded AugiSf Z$' , 1985, under Auditor's File No. 5'09230220 which by refe'Fence is made a part hereof. The Common Area, Lot-5, Block 1 as shown hereon, is not dedicated hereby for use by the general public but is dedicated solely to the common use and enjoyment of owners in this plat' for landscaping, streets, utilities, recreation and other related activities, except as otherwise provid "d in this dedication and the Ar'''les of OWNERS AL EN ,t_ WN PROFESSIONAL CEN I _ the BROADWAY r t nd By-Laws he Inoroaion a Incorporation 0 of Covenants, Conditions._an and R strcti f the Declaration f ASSOCIATION Clara o and he e ,E BROADWAY PROFESSIONAL CEN R P.U.D. WARNING: Spokane County has no responsibility to build, improve, maintain or otherwise service the private road contained within or Providing service to the property described in this plat._ By accepting his plat or subsequently by allowing a building permit to be issued on prop rty on a private road, Spokane County assumes no obligation for said private road and the owners hereby acknowledge that the County has no obligation of any kind or nature whatsoever to establish, examine, survey, construct, alter, repair, improve, maintain, provide drainage or snow removal on a private road. This requirement is and shall run with the land and shall be binding upon the owner, their heirs, suc 9 cessors or assigns, includin9 the obligation to participate in the maintenance of the private road as provided herein. This plat is subject to the separate Declaration of Covenants requiring private construction and maintenance of private roads, as recorded jeember 5 1985, under Auditor's Document No. 6 , which' by reference is made a part hereof. No more than one dwelling structure shall' be placed on any lot, nor shall any lot be further subdivided for the purposes of creating additional lots, ownerships, or building sites without filing a replat. Lot 5, Block 1 (the Common Area) is not a building site. The public water system, pursuant to the Water Plan approved by County and State health authorities, the local fire district, County Building and Safety Department, and water purveyor, will be installed within this plat, and the subdivider /sponsor will provide for individual domestic water service as well as fire protection to each lot prior to sale of each lot and prior to issuance of a building permit for each lt. Use of private ells and water systems are gp ac lot. p vaew a w y prohibited. Any water service for this plat shall be provided in accordance with the Coordinated Water System Plan for Spokane County. Connection to a public sewer system will be made available for the plat and individual service will be provided to each lot prior to sale. Use of individual on -site sewer systems shall not be authorized. Prior to issuance of a building permit, access permits for approaches to the County road system shall be obtained from the Spokane County Engineer. Easements for utilities are hereby ranted to the serving utility companies 9 9 over, under, and across Lot 5, Block 1 (the Common Area), including the Private Road Easement, and over 10.00 foot wide strips in Lots 1 through 4 adjacent to all lot lines of said lots. Drainage easements are also reserved over said 10.00 foot wide strips. Buildings in Lots 1 through 4 must be setback from lot lines the building setback distances shown hereon. Drainage easements over Lot 5, Block I ( the Common Area ) for the purpose of installing, operating, and maintaining drainage swales and drainage facilities to dispose of runoff are hereby reserved. The property owner shall maintain the drainage swales with a permanent live cover of lawn turf, with optional shrubbery and /or ,trees, which do not block the flow and percolation of storm drainage water in the drainage swales. Common Area IO R/W Dedication 201.0 Common Area Broadway Common Area Existing Residences To Be Removed Existing R/W Existing 12" WM Existing 6" Gas Line Total Plat Area Total No. Lots Typical Lot Size Method of Sewage Disposal Method of Water Supply P U.D. DATA Being A Portion Of Traci 76 Of OPPORTUNITY d Located In The NE I/4 Of Section 16, T 25 N., R.44E. W.M. Spokane County, Washington ApriI , 1985 Total Area I 5 Acres Net Devel. Area 1 . 2 Acres (52, 8000 Allowable No. Lots 6 (52,800+8,000) No. Lots Proposed 5 0 54 Ac. (36%) 0. 47 Ac. (31%) 1 .01 Ac. (67%) 05c VICINITY MAP SPONSOR Broadway Professional Center c/0 Bruce Albertus North 1014 Pines Road Spokane, Washington (509)928 SURVEYORS CERTIFICATE This map was prepared by me or under my direct supervision in April, 1985 in conformance with the requirements of the Spokane County Subdivision Ordinance o 3 • c 2 CO LO '208' PONDING .TABLE POND BOTTOM SURFACE ARE1• 1 / 2 "' INCH IMPERVIOUS SURFACE CAPACITY; A 1,176 sq ft iO,660 sq ft B 1,680 sq ft 14,826 sq ft C 1677sq ft 14,612 sgft Chord Bearing Cl N 44°48'23" E C 2 S 45 11 24 E C3 N 44'48'23" E c4 S 45'11'24" E. -- - FN.2 93 REBAR IN I/2" I P. DOWN / ?. O/D NOT ACCEPT A5 NE CORNER OF TR. 76 / FND. 1/2" REBAR (B8 C) 25.091 / 003' S. OF L /NE N 89 °38' 22 "E 195.70 FND. /4" /.P ACCEPTED AS NW : COR. OF S //2 OF TRACT 76 CALC. POSIT/ON O.IO' W.'OF FND. 3 /4 ",P (PER S /MPSON R.0.5, BOOK /8 OF SURVEYS, PAGE 34 ) , (ALSO 0.25" NORTH OF /. P. ) 195.70 Chord Delta 45.12 45.39 21.15 21.28 m ° 0 0 Examined and-approved this Examined and approved this Examined and approved this Examined and approved this N • ro c mr, • o� N ° 0 z N89 °39'09 "E 668.45 ----- - -0 - -- - --?j- 332 326.41 FND. NA /L' W/ TAG : ?P3/5 (BBC.) 0.04'N. OF f SEE SURVEY BK. //, P 40 2 (r) W u) 0 0 0: w Q > m 0: 0 N 89° 38' 22" E 201 i31.22 -' 54.85 1 G 650 N 9° 58' 25" E 57.00 1 3 3.5 BLDG. SETBACK mo 3 m _. o- m (V 0 a . • 0 0 0 00 z o r 3,990 SO FT. o N 0 O13.20 - z zco - N 89° 58' 25" E) `= 57.00 0 .5' BLDG. LOT 5 SETBACK (COMMON AREA) 1.047 AC N - 89° 58' 25" E 58.00 6.5' BLDG. 3 SETBACK 13 m oo 2 I -• � • ° O N 4,408 SQ. FT 1 0 0 o 10 z �z E N 89° 58' 25 " - c 58.00 / N co v iO 0 � 3268 (0) CURVE INFORMATION 089 °39'58" 32.00 090 32.00 089 °39'58" 15.00 090 °20'28" 15.00 N89 °38' 22 "E 103.21 0 - BLOCK 1 •_- N 6.91 - -•, /; 195.6 ►�{ t 201.18 ■ 'FND. BOAT SPIKE FND BOAT SPIKE - B1;OADWAY(B S OF BEARINGS) �o.51 0.02' N. OF f FND. 14" I P. 0.28' 5. 8 8 032'W OF CALC. POSIT. (BK. 3 OF SURVEYS, P 56) Radius Arc Tangent 50.08 31.81 50.46 32.19 23.47 14.91 23.65 15.09 Patrick J. Moore, RLS Certificate Number 18091 COUNTY UTILITIES DEPARTMENT NORTH LINE OF TRACT 76 (f OF CATALDO AVENUE) FND.' P. K. N89°38' 22" E c 1 48 °.35 0 rn ct 4,642 SQ. FT.'N r, o w 3.5.' BLDa u'"8 1 SETBACK o 1 N89 °58' 51' E Z W :< 63.00 o O' w r H m a E2 0 w _ 0 N89 °58' 51" E • 65.00 • 3.5' BLDG. Er SETBACK m 00 1 00 _o 1 o._ - • O 0' 3,835 SQ. FT. 0' O ° IJ7 0 0 0 0 z z 1 N 89° 58' 51" E 65.00 70.00 (11 5_89 °36' 18 ' W_#2101. 18 326.88 -- day of , 19 2 U) w Director, Spokane County Utilities COUNTY ENGINEER day of , 19 Spokane County Engineer COUNTY PLANNING DEPARTMENT day of , 19 Spokane County Health Officer NORTH L /NE OF 51/2 OF 2 2 ( TRACT 76 -� M w 0 AVENUE SURVEYOR'S CERTIFICATE This map correctly represents a survey made by me or under my direction in onformance with the requirements of the Spokane County Subdivision Ordinance. O N O N O N 0 z Director, Spokane County Planning Department COUNTY HEALTH DISTRICT day of , 19 0' N m 0 N 0 rn N m 0 N 0 N 0 0 0 FNO. 3/4" /. P 0.28'S. 8 0.56' W OF CALC. POS 17. (R.05., BK. 3 OF SURVEYS, P56) N89 °38'22 "E 256.92 0 CALC. POSIT., SOUTH /0' OF TRACT 76, ADDITIONAL R/W FOR BROADWAY AVE. NO. 443, CRP /958 EXST. R/W ;:-:: 256_88_ O 326.88 -A r0) 0 326 8(0) 286.74 O h 00 MM 1 30.00 I 30' `E 1/4 SEC. 16-25 - 44 ' )KANE COUNTY ENGINEER'S NER #°/560 O. BRASS CAP R.P.'S CUT X /RED "X" IN SIDEWALK N3 / °E, 68.22'8 S3 / °W, 68./2' N25 °W,'72.09'8 S25°E, 70.93' COUNTY ASSESSOR SCALE :I " =50 LEGEND • Fnd points as noted 0 Set 1/2" rebar w /yellow plastic cap stamped "M P p OORE 18091 i n at angle point boundary - Set 1/2" rebar w /yellow ,plastic cap stamped. "MOORE 18091" at property corners (0) Measurements per plat of Opportunity or calculated from said plat The BASIS OF BEARINGS for this map is the bearing. of N.89 °36'18 "E.' on the centerline of Broadway Avenue, per R.O.S. Book 18 of Surveys, page 34. Company n Pacific Engineering Iola d p Y to o shin South 25 Altamont S okane,Wa g p - 509 535-1410 99202 Examined and approved this day of 19 Spokane County Assessor COUNTY COMMISSIONERS This plat was approved and accepted by the County Commissioners of Spokane County, Washington on this day of , 19 Chairman, Spokane County Commissioners COUNTY TREASURER I do hereby certify that all taxaes which have been levied and become charge- able against the land shown within this map have been fully paid this day of , 19 Spokane County Treasurer DEDI CATION KNOW ALL MEN BY THESE PRESENTS, that BROADWAY ASSOCIATE a Washingto n General Partnership, have caused to be platted into Lots, Blocks, and Common Area the land shown hereon, to be known as BROADWAY PROFESSIONAL CENTER I. STERLING SAVINGS ASSOCIATION, 'a Washington Corporation, as beneficiary under Deed of Trust, platting to this latting of BROADWAY PROFESSIONAL CENTER I, being a - Planned Unit Development and a replat of portions of Tract 76 of .OPPORTUNITY, located in the Northeast Quarter of Section 16, T.25 N., R.44 E.W.M., and described as follows: The Southwest Q uarter of Tract 76 of Opportunity, as per plat thereof recorded in Volume "K" of Plats, pages 20 -23; TOGETHER WITH the West 70.00 feet of the Southeast Quarter of said Tract 76; EXCEPT the West 195.70 feet of said Southwest Quarter; AND EXCEPT the South 10.00 feet of said Tract 76 for additional right of way for Broadway Avenue; Situate in the County of Spokane, State of Washington. This Planned Unit Development Subdivision has been made with free consent and in accordance with the desires of the owners of the lands so divided. The owners adopt the plan of Lots, Private Streets, and Common Areas as shown hereon. All owners of lots in this plat will be members of the BROADWAY PROFESSIONAL CENTER OWNERS ASSOCIATION and subject to the Articles of Incorporation and By -Laws thereof,: as recorded , 1985, under Auditor''s File Nos. and . This thereof and the use, of any pro ert. plat or any portion her any therein shall be P P Y subject to and restricted by the terms of the Declaration of Covenants, Conditions, and Restrictions of BROADWAY PROFESSIONAL CENTER P.U.D., as recorded , 1985, under Auditor's File No. which by reference is made a part hereof. The Common Area, Lot 5, Block 1 as shown hereon, is not dedicated hereby for use by the general public but is dedicated` solely to the common use and enjoyment of owners in this plat for landscaping, streets, utilities, recreation and other related activities, except as otherwise provided in this dedication and the Articles of CENTER - Incorporation and - 'y-Laws of the BROADWAY PROFESSJ' "'AL C ENTER OWNERS ASSOCIATION and t,._ Declaration of Covenants, Conc. ..ions and Restrictions of BROADWAY PROFESSIONAL CENTER P.U.D. WARNING: Spokane County has no responsibility to uuild, improve, maintain or otherwise service the private road contained within or providing service to the property described in this plat.. By accepting this plat or subsequently by allowing a building permit to be issued on property on a pr'ivate road, Spokane County assumes no obligation for said private road and the owners hereby acknowledge that the County has no obligation of any kind or nature whatsoever to establish, examine, survey, construct, alter, repair, improve, maintain, provide, drainage or snow removal on a private road. This requirement is and shall run with the land and shall be binding upon the owner, their heirs, suc- assigns, including the obli to participate or ss g g obligation p ate in the maintenance p of the private road as provided herein. This plat is subject to the separate Declaration of Covenants requiring private construction and maintenance of private roads, as recorded 1985, under Auditor's Document No which by reference is made a part hereof. No more than one dwelling structure shall be placed on any lot, nor shall any lot be further subdivided for the, purposes of creating- additional lots, ownerships, or building sites without filing a replat. Lot 5, Block 1 (the Common Area) is not a building site The public water system, pursuant to the Water Plan approved by County and State health authorities, the local fire district, County Building and Safety Department, and water purveyor, will be installed within this plat, and the subdivider /sponsor will provide for individual domestic water service as well as fire protection to each lot prior to sale of each lot and prior to issuance of a building permit for each lot: Use of private wells and water systems are prohibited. Any water service for this plat shall be provided in accordance with the. Coordinated Water System Plan for Spokane County. Connection to a public sewer system will be made available for the plat and individual service will be provided to each lot prior to sale. Use of individual on -site sewer systems shall not be authorized. Prior to issuance of a "building permit, access permits for approaches to the d from the Spokane County En County road system shall be obtaine Engineer. r p g are hereby granted to the serving utility companies for utilities a y g 9 Y p anies , over, under, and across Lot 5, Block 1 (the Common Area), including the Private 00 foot wide stri s in Lots 1 through ' 4 adjacent to Road Easement; and over -10. p 9 all ~ lot lines of said lots. Drainage easements are also reserved over said 10.00 foot wide strips. Buildings in Lots 1 through 4 must be setback from lot lines the building setback distances shown hereon. FINAL A PLANNED UNIT DEVELOPME ?6 OPPORTUNI NI REPLAT OF A PORTION OF TRACT , A REP :..... • 6 R. 44EW LOCATED IN THE NE #/4 OF SECTION I T 25N. , SPOKANE COUNTY, WASHINGTON AUGUST 1985 IN WITNESS TNESS WHEREOF the aforesaid owners have caused their subscribed this day, of ,.1985. BROADWAY ASSOCIATES, a Washington General Partnership LAYNE D. HINCKLEY, General Partner by Bruce E. Albertus, Attorney in Fact MICHAEL TRANTOW, General Partner by Bruce E. Albertus, Attorney in Fact hereunto; LYNDA R. HINCKLEY, General Partner Bruce E " .'Albertus Attorney . by Ce � in Fact LYNN K. TRANTOW, General Partner b.. Bruce E. Albertus, Attorney in Fact Y ROBERT G. WENDEL, General Partner MICHELE C. WENDEL, General. Partner by Bruce E. Albertus, Attorney in by Bruce .E. Albertus, Attorney in Fact RICHARD G. BRAUTIGAM, General Partner LYNDA M. BRAUTIGAM, General Partner by Bruce E. Albertus, Attorney in Fact by Bruce E. Albertus, Attorney in Fact MICHAEL W. SILVEY, General Partner CLARE SILVEY, General Partner B ruce E. Albertus, Attorney in Fact by by Albertus, Y Bruce E. Albertus, Attorney in Fact Y BRUCE E. ALBERTUS, General Partner NANCY J. ALBERTUS, General. Partner by Bruce E. .Albertus, Attorney at Fact IN WITNESS WHEREOF, STERLING SAVINGS AS^'SIATION, as beneficiary under f` Trust, has caused its corporate name to .,e.hereunto; subscribed and affi)._, its corporate seal (if any) this day of , 1985. STERLING SAVINGS ASSOCIATION, a Washington Corporation By: GARY CRITHFIELD, Vice President STATE OF WASHINGTON ) County of Spokane Y P ) rs On this day of 1985, before me Personally y appeared -BRUCE E. ALBERTUS, to me known to be the individual described in and who executed the foregoing instrument for himself and also as Attorney in Fact for LAYNE D. HINCKLEY, LYNDA: .R. HINCKLEY, ROBERT G. WENDEL, MICHELE ` +C. WENDEL,' MICHAEL TRANTOW, LYNN K..TRANTOW :RICHARD G: BRAUTIGAM, LYNDA_M GAM, MICHAEL W. SILVEY, CLARE SILVEY, and NANCYJ" ALBERTUS, and acknowledged that he signed the same as.'his free and voluntary act And deed for himself and also as his free and voluntary act :and deed as Attorney in Fact for said' general partners for the uses and purposes therein mentioned, and on oath stated that the Power of Attorney authorizing the execution of this' instrument has not been revoked and that the said principals are now living. Given under 'm hand and official seal the day and ?ear last above written. even my Y Y STATE-OF WASHINGTON ) ) ss County of Spokane ss ACKNOWLEDGMENTS NOTARY PUBLIC in and for the State of Washington, residing at Spokane On this day of 1985; before me, the under - signed, a Notary Public in and for the of Washington, duly commissioned and sworn, personally appeared GARY CRITHFIELD to me known .to be the Vice President of STERLING SAVINGS ASSOCIATION, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said _corporation for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument and that the seal affixed (if any) the corporate n h he sea a f e ( a y) ;1s he co porate sea l of said corporation. Witness my hand and official seal hereto affixed the day and year first above written. RECEIVED AUG 3 0 1985 County Engineering NOTARY PUBLIC in and for the State of Washington, residing at Spokane 4855 .(DLIGHT POLE 51.97 X 180 ,c - `48.55( N ro 48.75 " +7.4 1 1 K 48.20 47.67 47.67 47.90 K. :� f X x 1. N44 °48' 23 "E 2 S45° i i' 24"E 3 S45°11 24 "E Chd. Br9 45.12 89° 39' 58" 45.39 90°20' 28" 21.28 90 °20' 28" Chord A PROPOSED SIDEWALK AS PER C.R.P. 1958 Q1) 4817 TYPE 1 'B" DRYWELL W /METAL FRAME 8a GRATE TYPE 3 TG= TOP OF GRATE ELEV. LENGTH 8i WIDTH VARIES AS SHOWN ON PLAN YI111L�J / 0/8% SPECIAL CURB INLET AS MANUFACTURED BY WILBERT VAULT CO. PRODUCT * 1840 SUB GRADE FOR GRASS TURF TO BE 3" BELOW FINISHED GRADE NOTE: POND SHAPE MAY VARY AND PLAN INDICATES APPROXIMATE LOCATION. SWALE BOTTOM LEVEL WITHIN LENGTH 8 WIDTH DIMENSIONS AS INDICATED ON PLAN CURB DROP DETAIL NTS USED WITH CEMENT CONC. GUTTER PERMIT E QU RED NOTIFY THE PEPry i i ENGINEER 456 -3000 a.4 SIR& 6yt �t?R. TO GUNSTRUCT6Ol+ ' 208' PONDING .TABLE POND BOTTOM SURFACE AREA INCH IMPERVIOUS POND VOLUME SURFACE CAPACITY i,176 sq ft 11,375 sq ft 474 cu ft 1,680 sq ft 14,508 sq ft 66 I cu ft • . I,677sq ft 13,939 sgft 581 cu ft JOB NUMBER 85026 1/2"- MI 4855 .(DLIGHT POLE 51.97 X 180 ,c - `48.55( N ro 48.75 " +7.4 1 1 K 48.20 47.67 47.67 47.90 K. :� f X x 1. N44 °48' 23 "E 2 S45° i i' 24"E 3 S45°11 24 "E Chd. Br9 45.12 89° 39' 58" 45.39 90°20' 28" 21.28 90 °20' 28" Chord A PROPOSED SIDEWALK AS PER C.R.P. 1958 Q1) 4817 TYPE 1 'B" DRYWELL W /METAL FRAME 8a GRATE TYPE 3 TG= TOP OF GRATE ELEV. LENGTH 8i WIDTH VARIES AS SHOWN ON PLAN YI111L�J / 0/8% SPECIAL CURB INLET AS MANUFACTURED BY WILBERT VAULT CO. PRODUCT * 1840 SUB GRADE FOR GRASS TURF TO BE 3" BELOW FINISHED GRADE NOTE: POND SHAPE MAY VARY AND PLAN INDICATES APPROXIMATE LOCATION. SWALE BOTTOM LEVEL WITHIN LENGTH 8 WIDTH DIMENSIONS AS INDICATED ON PLAN CURB DROP DETAIL NTS USED WITH CEMENT CONC. GUTTER PERMIT E QU RED NOTIFY THE PEPry i i ENGINEER 456 -3000 a.4 SIR& 6yt �t?R. TO GUNSTRUCT6Ol+ ' 208' PONDING .TABLE POND BOTTOM SURFACE AREA INCH IMPERVIOUS POND VOLUME SURFACE CAPACITY i,176 sq ft 11,375 sq ft 474 cu ft 1,680 sq ft 14,508 sq ft 66 I cu ft • . I,677sq ft 13,939 sgft 581 cu ft JOB NUMBER 85026 MI 4855 .(DLIGHT POLE 51.97 X 180 ,c - `48.55( N ro 48.75 " +7.4 1 1 K 48.20 47.67 47.67 47.90 K. :� f X x 1. N44 °48' 23 "E 2 S45° i i' 24"E 3 S45°11 24 "E Chd. Br9 45.12 89° 39' 58" 45.39 90°20' 28" 21.28 90 °20' 28" Chord A PROPOSED SIDEWALK AS PER C.R.P. 1958 Q1) 4817 TYPE 1 'B" DRYWELL W /METAL FRAME 8a GRATE TYPE 3 TG= TOP OF GRATE ELEV. LENGTH 8i WIDTH VARIES AS SHOWN ON PLAN YI111L�J / 0/8% SPECIAL CURB INLET AS MANUFACTURED BY WILBERT VAULT CO. PRODUCT * 1840 SUB GRADE FOR GRASS TURF TO BE 3" BELOW FINISHED GRADE NOTE: POND SHAPE MAY VARY AND PLAN INDICATES APPROXIMATE LOCATION. SWALE BOTTOM LEVEL WITHIN LENGTH 8 WIDTH DIMENSIONS AS INDICATED ON PLAN CURB DROP DETAIL NTS USED WITH CEMENT CONC. GUTTER PERMIT E QU RED NOTIFY THE PEPry i i ENGINEER 456 -3000 a.4 SIR& 6yt �t?R. TO GUNSTRUCT6Ol+ ' 208' PONDING .TABLE POND BOTTOM SURFACE AREA INCH IMPERVIOUS POND VOLUME SURFACE CAPACITY i,176 sq ft 11,375 sq ft 474 cu ft 1,680 sq ft 14,508 sq ft 66 I cu ft • . I,677sq ft 13,939 sgft 581 cu ft JOB NUMBER 85026