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PE-1058-76 (2)AGENDA, NOVEMBER 12, 197 SPOKANE COUNTY PLANNING COMMISSION Time: Place: a. Location: b. c. d. e. f. g. h. i. J- II Sponsor: Land Surveyor: Site Size: Number of Lots: Land Use proposed Existing Zoning' Propbsed Zoning: Water Source: School District: TELEPHONE NO.: 456 -2274 Friday, November 12, 1976, 9:30 A.M. Conference Room A, County Court House Annex (Use Mallon Avenue entrance) PRELIMINARY SUBDIVISION AND PLANNED UNIT DEVELOPMENT 1. PE- 1058 -76, Riegel Heights Addition #2 PUDE- 1 -76, Planned Unit Development for Riegel Heights Addition #2 Section 23, Township 25 N., Range 43, E.W.M. Beginning at the SE corner of the SW 1/4 of the SE 1/4; thence N 0028 "W along the east line of said SW 1/4, 30 feet; thence N 89048'33 "W 280 feet to the true point of beginning; thence continuing N 89048'33 "W 304.10 feet; thence on a curve concave to left, having a central angle of 18008'56 ", a radius of 603 feet, for a distance of 191 feet to the south line of said SW 1/4; thence N 89048'33 "W along the south line of said SW 1/4, 46.36 feet; thence N 0 "W 30 feet; thence N 89x48!33 "W 170.82 feet; thence N 0 "E 150.09 feet; thence S 89048'33 "E 200 feet; thence N 0 "E 716.61 feet; thence East 429.90 feet; thence S 0026'08 "E 531.51 feet; thence N 89033'52 "E 133.59 feet; thence S 57041'10 "W 71.20 feet; thence S 0009'26 "W 299.85 feet to the true point of beginning Robert D. Riegel South 911 Houk,: Spokane, Washington 99216 • Ralph E. Flagan 10606 College Circle, Spokane, Washington 99218 10 acres 11 lots by sponsor: Single family residences Agricultural, established April 11, 1959 No change. The property will be developed in accordance with the provisions of a Planned Unit Development, Chapter 4.20 of the Zoning Ordinance. Washington Water Power Company Spokane School District No. 81 NDRi N SCAL F I "= I DDD' ' PRIOR T.0 COUNTY ACCEPTANCE THE FOLLOWING SURFACING COURSES WILL BE REQUIRED- TOP- COURSE BASE COURSE • FINISH GRADE ELEV. ,' SUB • AP PROVED • By PLAT SPONSOR 19_ TYPICAL .SECTIO■ SIX'PEENTH AVENUE '. • ALL SURFACING.,MATERIALS'MUST BE APPROVED PRIOR TO .PLACING ON STREETS. • CALL THE - COUNTY ENGINEER'S OFFICE, 456 -3600 FOR. INSPECTIONS. 15' CROWN 0.02 /FT. PLAT RIEGEL HEIGHTS'SUBD'. •NO - BY • SURFACING AS REQUIRED • APPROVED _ 19_ • ROBERT:S. TURNER SPOKANE COUNTY ENGINEER it. Dear Property Owner: VS /set Attachment ,ID IDALLUNIIN: rill IN. na=r u:n: os COUNTY ENGINEER ROBERT S. TURNER COUNTY ENGINEER tsriuii ,TKAJ4il1©7:T(ax 99260 February 19, 1987 RE: Riegel Court Name Change Road File No. 1237 1/iegel Heights P.U.D. No. 1058 The County Sheriff's Office has raised a concern about the similarity of Riegel and Regal as street names, particularly when there are street numbers or same block. Consequently, we are suggesting that Riegel be changed to another name. The street that is in general alignment with Riegel is "Yardley" or you may want to suggest another name. Another name would be acceptable providing it does not duplicate an existing street name or conflict in sound. At present, we are just requesting concurrence in a name change. If you would take time to fill out and return the attached form, it would be appre- ciated. Very truly yours, Robert S. Turner, P.E. Spokane County Engineer Verril Emale Engineering Administrator Public Works Building North 811 Jefferson Street Spokane, Washington 99260 (509) 456 -3600 O /7 O If If Jb G� /o // I /t /3 , /4 AM/4 ,C or •t/� 9 I 7I G .S < ! / L 1 S I r la 4 ,f t / I r - V'C f .c. N. /ass rr // /2,, /J ; /4girl /i • i + °` p� iZO�e g \ „if 44 �, I G P ' [� \• QU S 4 .1 2 aL. s I i I ® ` l 11:1],/, /2 43 I ,4 L11/ ' u •evy a) I 4 U N G I S 3 t 2 0 I � q x 8 /c 2 In t ��l x iar X " /4 9. 79 e 9 203.49 /e � O v _ - o n &ovri 2 ?N3lt „, RIEGEL 200 79.35 o Hrs // 200 N / N 9 it /J /4 /S/ 11 1, 10 ,p ' \l ' ? O Cr SUB n Vi if /{7/ )O /2cL . 9 4 / 07 Z /s9 40 E 1 . /70.0 P 239.42 Srq 5 0 • J. J • CF 22 A { • RE: Riegel Court Name Change Road File No. 1237 Riegel Heights P.U.D. No. 1058 / / I agree with need for change / / I disagree with need for change / / I agree with change to "Yardley Lane" / / I would like to suggest another name as follows: Signed Thank you for taking the time to fill this out and return it as soon as possible to: County Engineers, N. 811 Jefferson St., Spokane, WA 99260. Subject e . (tE? ens-6 OFFICE OF COUNTY ENGINEER SPOKANE COUNTY, WASHINGTON Date. Inter- office Comm unication -. 7 .l5Di i:.: =Y n- r.. ti�::d : =u •.s 2 Y{ �in/I rfaCrOSl1� - 1 \� � � N..Gt nn a e_, Cit. 2- A r,) E.91..ax.e.* oti1 f ei Z t L- C4 Le 0 b U V u."-ruk.A. � ... ; V i v � E_ i& -I—, i S (, M1 t .1. rI NO. 79 1341 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON. PE- 1058 -76 PUDE -1 -76 IN THE MATTER OF FILING THE FINAL PLAT OF ) REPLAT OF LOT 12 OF RIEGAL HEIGHTS ) PLANNER UNIT OzvELoPPENT LOCATED Ill ) SECTION 23, TOWNSHIP 25N, RANGE 43 E.W.H. ) SPOKANE COUNTY, WASHINGTON ) R E S O L U T I O N BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON, that the final plat of REPLAT OF LOT 12 OF RIEGAL HEIGHTS PLANNED UNIT DEVELOPMENT Being a subdivision of a portion of SW 1/4 of SE 1/4 of Section 23, Township 25N, Range 43 E.M.I4., Spokane County, Washington. more precisely described in the plat dedication, on the recommendation of the Spokane County Planning Commission, be, and the same hereby is approved, with the exception that the public rights of way dedicated in this plat will not be established for maintenance purposes until the County Engineer has certified that the roads have been improved to County standards and approved by a separate resolution of the Board of County Commissioners. PASSED BY THE BOARD THIS 027 DAY OF _ 19,7.9! BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY,, WASHINGTON RAY W. CHRISTENSEN, CHM. T HARRY M. LARNED D(0/CAT/ON •,,.• I .- 0-- nap- . • ..• . n-., , • - . Oyu., •■•••••••••• • • •■•••• • I II let aft wow s wen no one wenn • os n • 1; \ ir • • „ „. „ • , • • • 7:t.",%.7.:"":::::„t;:rotyr 4 • 1 . • „"="7.::„ • ;4.4 . ..;b,„ . " • A - . . .• • ' • - ' ••'; ACKNOWLEDGEME/VT . " • • •'," • • 1 t „ ' t Z ' A „ „., •. f;:i1; •• SURVEYORS CERnFicAre . „awing REPLAY OF LOT /2 • R/EGEL HEIGHTS PLANNED VA/IT DEVELOPMENT anS..., • Bernd a subdivision of a portion el SW/4 SEI/4 Ssellon2S, 7boonsAla 25 bblh,RonstestYrosl WA/ 5 Spokane County, WarbIngla, Scale is • we • • )• , • , . • \ • ' • • y • ■, I : •••••'• 1 , I t", • cr /2 tt.y. , 7 ?5 • t A " APPROVALS • ' ' ' I . lJ r.. le . ' • ' • .., .-.........WL _Sviti • r — torl. 4 a - 4 - t etrctfr .v.4 1.1,_ - . / . I v a If .i . Ir. # 2 3 $.; : ......- nit atO,J" . - dbigH - ag••••_,..„ . 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Bc•D aR 0.111 AGE V O KO . - COOKLTY EM (ae. 7 " 20 " 77 _S14NGt ; 9:¢s PLAT Td ; 9 -� �I �r Transamerica Title Insurance Services SECOND CERTIFICATE TO PLAT Spokane County Planning Commission N. 721 Jefferson Spokane, Washington Gentlemen: Transamerica Title Insurance Compel') North 720 Argonne Road Spokane, Washington 99206 (509) 922 -2222 Order No.:99825 -M RE ED SPPOKANE COUNTY ice$$ SEP1 71979 Certificate for Filing Proposed Plat of REPLAT OF LOT 12 OF RIEGEL HEIGHTS PLANNED UNIT DEVELOPMENT 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 Cleric 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: All that portion of the Southeast quarter of the Southwest quarter of Section 23, Township 25 North, Range 43 E.W.M., AND that portion of Lot 12, of RIEGEL HEIGHTS PLANNED UNIT DEVELOPMENT, as per plat thereof recorded in Volume 13 of Plats, page 79, more particularly described as follows: Beginning at the Southwest corner Lot 11 of RIEGEL HEIGHTS PLANNED UNIT DEVELOPMENT; thence North 0 °11'28" East along the West line of said Lot 11, a distance of 150.09 feet to the Northwest corner of said Lot 11; thence South 89 ° 48'33" East along the North line of said Lot 11 a distance of 200.00 feet to the West line of Lot 9 in said DEVELOPMENT; thence North 0 ° 11'28" East along the West line of Lots 9, 8, and 7 a distanced of 194.91 feet; thence along the Northwesterly line of Lot 7, North 38 ° 12'49" East 230.23 feet; thence South 28 °06'18" East 178.82 feet; thence on a non - tangent curve, concave to the right, having a tangent bearing of North 50 ° 21'21" East, a central angle of 23 ° 04'28 ", a radius of 50.00 feet, for a distance of '20.14 feet to the Southwest corner of Lot 6 in said Development; thence North 28 ° 06'18" West along the West line of said Lot 6, a distance of 177.82 feet to the Northwest corner of said Lot 6; thence along the North line of said Lot 6, South 89 ° 48'33" East 273.64 feet; thence North 0 °26'08" West 263.18 feet; thence South 63 ° 00'00" West 425.00 feet; thence South 39 ° 10'00" West 592.43 feet; thence South 0 °11'28" West 143.37 feet to a line 30.0 feet Northerly of the South line of said Southwest quarter of said Southeast quarter; thence South 89 °48'33" East 120.00 feet to the point of beginning; (continued) EXCEPTIONS: SECOND CERTIFICATE TO PLAT Page 2 Order No. 99825 -M Situate in the County of Spokane, State of Washington. VESTED IN: DARYL N. HEIMBIGNER, as his separate property, as to an un- divided 1 /11th interest in and to Lot 12; LYNN L. MOHLER and MERIDELL L. MOHLER, husband and wife as to a 1 /11th interest in and to Lot 12; GARRY D. CHAMBERLAIN and LINDA M. CHAMBERLAIN, husband and wife, as to a 1 /11th interest in and to Lot 12; CECIL F. JOHNSON and LOA J. JOHNSON, husband and wife, as to a 1 /11th interest in and to Lot 12; TERRY M. THOMPSON and MARILYNN A. THOMPSON, husband and wife, as to a 1 /11th interest in and to Lot 12; DONALD L. WOLFE, a single person, as to a 1 /11th interest in and to Lot 12; JACK P. MASELLI, subject to the community property interest of his wife, if married on April 3, 1979, the date of his acquisition of said land, as to a 1 /11th interest in and to Lot 12; ROBERT W. O'BRIEN and MAUREEN A. O'BRIEN, husband and wife, as to an undivided 1 /11th interest in and to Lot 12; and ROBERT DEE RIEGEL, a married man, as to the remainder of said land hereinafter described. 1. 1% excise tax, if unpaid. 2. General taxes for the year 1979, delinquent in the amount of $245.32, plus interest (Parcel No. 23534 - 0712). Affects a portion in Lot 12 of Riegel Heights Planned Unit Development General taxes for the last half of 1979, in the amount of $97.32 including Weed District Tax (Parcel No. 23534 - 9140). Affects a portion within the SW 1/4 of the SE 1/4 of said Section 23, and other property EXCEPT Lot 12. There appears to have been an overpayment for the general taxes for the year 1979 in Parcel No. 23534 - 9140). 3. Liability to future assessments levied by the Riegel Heights Planned Unit Development Home Owners Association. 4. Restrictions imposed and easements reserved by the Dedication of the Plat, a copy of which is attached. 5. Restrictions imposed by Declaration of Restrictions recorded as Document No. 7806150127, a copy of which is attached. (continued) (continued) SECOND CERTIFICATE TO PLAT Page 3 Order No. 99825 -M 6. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: Grantee: The Washington Water Power Company, a corporation Purpose: Electrical transmission line and telephone system, with right to place six poles and right of overhang approximately thirty feet North of the South line of said Southwest quarter of the Southeast quarter, together with right to remove brush and trees Dated: March 31, 1955 Recorded: April 22, 1955 Recording No.: 312318B 7. MORTGAGE AND THE TERMS AND CONDITIONS THEREOF: Mortgagor: The Kahuna Land Company, a Washington corporation Mortgagee: Robert Dee Riegel, husband of Marijane T. Riegel, dealing in his sole and separate property Amount: '$110,000.00 Dated: October 12, 1977 Recorded: October. 12, 1977 Recording No.: 7710120472 Affects: A portion- of.thi:s -and other property 8. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: Grantee: Pacific Northwest Bell Telephone Company, a Washington corporation Purpose: Right to place, construct, operate and maintain, inspect, reconstruct, repair, replace anu keep clear communication lines with ingress to and egress from, and to remove at any time, any or all of the communication lines Location: The exact location is not disclosed of record Dated: August 17, 1977 Recorded: October 20, 1977 Recording No.: 7710200059 Affects: Riegel Court 9. The effect of the fail :Ire of the owners to execute the Owner's Declaration on the face of the recorded Plat of said land. 10. The effect of consent affidavits to change the boundaries of Lot 12, executed by Lynn L. Mohler and Meridill L. Mohler, et al, recorded July 24, 1979, as Instruments No. 7907240362 and 7907240363. NOTE 1: A Special' Power of Attorney recorded July 24, 1979, as Document No. 7907240355, sufficient in form to authorize a conveyance or mortgage of the herein described property, executed by Property Owners to Joseph G. Ward. NOTE 2: A Special Power of Attorney recorded July 24, 1979, as Document No. 7907240356, sufficient in form to authorize a conveyance or mort- gage of the herein described property, executed by Property Owners to Joseph G. Ward. cc: Spokane County Engineers cc: Manfred & Ward, Attn: Bob Bethards SECOND CERTIFICATE TO PLAT Page 4 Order No. 99825 -M Records examined to September 4, 1979 at 8:00 A.M. TRANSAMERICA TITLE I NCE COMPANY By: R bert Myler Restrictive covenants and easements referred to in Policy No. 99825 -M of the Transamerica Title Insurance Company, which are imposed by the Dedication of the Plat of RIEGEL HEIGHTS PLANNED UNLIT DEVELOPMENT, as per plat thereof recorded in Volume 13 of Plats, page 79, as follows: . Domestic water and an operative public sewer system acceptable to County and State Health Authorities and individual services shall be provided each lot prior to sale. No more than one detached dwelling structure shall be placed on any one lot, nor shall any lot be further subdivided for the purpose of creating additional lots or building sites without filing a replat. Known all men by these presents, that I the undersigned owner in fee simple of the property shown hereon declare this plan and dedicate the same for condominium purposes. The drives, walks, streets or alleys and lot 12 therein are not dedicated to the public generally, but are specifically dedicated to the exclusive use and benefit of the property owners as common areas according to the declaration. This plat or any portion thereof shall be restricted by the terms of the declaration filed under Spokane County Auditor's No. 7806150127, Volume, 387 of Deeds, page 1683 as recorded this 15th day of June, 1978. t S • y'J1��4 )1Ai: V...1..1i7ra=.1Naiw rte' RIEGEI HEIGHTS PLANNED UNIT ELOPMENT Dedication to the Plat 4 16371 DECLARATION OF RESTRICTIONS (Enabling Declaration Establishing a Planned Unit Development) ROBERT RIEGEL, a Washington resident, hereinafter referred to as "declarant" is the owner of that certain real property subject to this declaration, located in the County of Spokane, State of Washington, more particularly described as follows: Lots 1 through 12 of RIEGEL HEIGHTS PLANNED UNIT DEVELOP- MENT, as per map recorded in Book 1 ' , Page o` records of Spokane County, Washington, and does hereby declare and certify as follows: Y'.l .3') .'.t11JJ0 !IL euE TIT CF '725ob1so127 JON 15 11 . 26 AH'18 r YCN , ON w,!:q! asn. AUDITOR / 510 II CrugTY. WASIL 500 DEPUTY. POSTON RECITALS 1. Declarant is the owner of the above - described real property. 2. Declarant intends to improve the property by developing 11 lots for single family residences: Said lots are numbered 1 through 12, with lot 12 to be held as a common area, all of which is to be designed and designated substantially in accordance with plans and specifications styled RIEGEL HEIGHTS PLANNED UNIT DEVELOPMENT, hereinafter to be referred to as "the project." The single street in the project is designed as common area. 3. Declarant hereby establishes by this declaration a plan for the individual ownership of the real property estates consisting of the area or space contained in each of the lots and the co- ownership by the individual and separate owners thereof as tenants in common and as hereinafter set forth, of all of the remaining real property which is hereinafter defined and referred to herein as "the common areas." DECLARATION Pursuant to the foregoing, declarant does hereby make the following declaration as to division, easements, rights, liens, charges, covenants, re- strictions, limitations, conditions, and uses to which the development may be put, hereby specifying that such declaration shall constitute covenants to run with the land and shall be binding on declarant, its successors and assigns, and all subsequent owners of all of any part of the project, together with their grantees, successors, heirs, executors, administrators, devisees or assigns: 1. PLAN OF DEVELOPMENT A. Declarant, in order to establish a plan of private unit development ownership for the project, hereby covenants and agrees that it hereby divides the project into the following separate freehold estates: 1. Each of the 11 lots, each separately shown, numbered and desig- nated on the area plan, consisting of sheets, recorded , 197 , as Instrument No. , Official records of Spokane County, Washington, which said plan is incorporated herein by reference, and which describes legally each residential lot. In interpreting deeds, declarations and plans, the existing physical boundaries of the lots or of a lot reconstructed in substantial accordanc with the original plans thereof shall be conclusively presumed to be its boundaries, rather than the metes and bounds or other description expressed in the deed, plan or declaration, regardless of settling or lateral movement and regardless of minor variance between boundaries shown on the plan or in the deed and declaration. 2. A freehold estate consisting of the remaining portions of the project is described and referred to herein as common area Lot 12 and the Street officially named Riegel Lane, consisting of trees and other landscaping, recreational area, walkways, green areas, driveway, patios, and other areas of common ownership as more particularly described in said recorded Lot plan, as hereinabove set forth. 3. Each lot, together with the respective undivided interests in the common areas specified and established in paragraph (5) hereof, is defined and hereinafter referred to as "lot" by number and the ownership of each Lot shall include such Lot and suc undivided interest in the common areas. -2- 4. The eleven individual lots hereby established for construction of residential homes and which shall be individuall conveyed are described as lots numbered one through eleven of RIEGEL HEIGHTS PLANNED UNIT DEVELOPMENT. 5. The undivided interest in the common areas hereby established and which shall be conveyed with each respective lot is a one - eleventh interest therein and shall be known as Lot 12 hereof, and the Street named Riegel Lane. Each of the above respective undivided interests established and to -2- (continued) • be conveyed with the respective lots cannot be changed, and declarant, i' uccessors and assigns, covenant and lee the undivided interests in the common areas and the fee titles to the respective lots conveyed therewith shall not be separated or separately conveyed and each such undivided interest shall be deemed to be conveyed or encumbered with each respective unit even though the description in the instrument of convey- ed and each such undivided interest shall be deemed to be conveyed or encumbered with each respective unit even though the description in the instrument of conveyance or encumbrance may refer only to the fee title to the respective lot. 6. The proportionate shares of the separate owners of the respective Lots in the profits and coupon expenses in the common areas, as well as their proportionate representation for voting purposes in Riegel Heights Homeowners Association, a Washington non - profit association, hereinafter called the association ", shall he one- eleventh; i.e., 1 /11 share and one vote for each lot. 7. The common areas shall remain undivided as forth above, and no owner shall bring any action for partition it being agreed that this restriction is necessary in order to preserve the rights of the owners with respect to the operation and management of the project. 8. The Architectural Control Committee, as set forth in the Declaration of the By-Laws of the association, may bargain for or offer to purchase or accept as gifts additional real property strictly limited to additions to the common areas, and thereafter present to all members of the association for acceptance.hy a 80% majority of the members of the association's written proposal.. Such proposal shall contain all descrip- tions of the real property and all pertinent information of it's cost, use, need, and future or present plans. The proposal shall set out the properties' specific use such as plans for preen areas, swimming pool, caretakers residence, tool house, rarden areas or similar common area uses. Such proposal being accepted by an 80% majority may be carried out. Such duly noted proposal shall not be unnecessarily bound by regulations "II ", "uses of Property" following. It is further understood and agreed by all members that additional use of the effluent line and drainfield shall he automatically granted to applicants of the surrounding area. The additional use and hook -ins yj 'Jo I s i be limited to six in number and a' if any, shall bear their proportionate responsibility, financially, and shall he required to perform for that service under all rules and regulations herein set forth for the care and maintenance of the effluent system in it's entirety. II. USES OF PROPERTY 1. The lots shall be occupied and used by the respective owners only as single family private dwellings for the owners, his family, tenants, and social guests, and for no other purpose. 2. If any portion of the common area encroaches upon the lots, a valid easement for the encroachment and for the maintenance of same, so long as it stands, shall and does exist. In the event any structure is partially or totally destroyed and then rebuilt, the owners of lots agree that minor encroach- ments of parts of the common areas due to construction shall he permitted and that valid easements for such encroachment and the maintenance thereof shall exist. 3. Mo laundry, bedding, garment or thing of like nature shall be hung on any of the permises where visible to the public. If any such articles are to be hung outdoors, a drying yard enclosed from the view of adjacent property must be provided for such purposes. 4. No individual sewage disposal system shall be permitted on said property unless such system is designed, located and constructed in accordance with the standards, requirements and recommendations of the State and local public health authorities. Approval of such system as installed must first be obtained from such authorities.. Provided, however, that each owner, by acceptance of the deed, grants to each other owner all necessary reciprocal rights or easements in and on property held by each such owner separately, or in common ownership with the other owners on Lot 12 for the construction, maintenance, and repair of all necessary septic tanks, sewer lines, and other sanitary services, and percolation therefrom, for the use and occupancy of each resident. It is herein acknowledged by each owner of one or more lots in the project that installation of a septic tank sewer unit is required under the above stated requirements, and that a common effluent disposal line for each lot and area now exists, and right -of -ways and easements for said disposal lines and common areas within and without the project; and further, that said disposal effluent line, its connections and appurtances as installed or to be install' repaired, adjusted, replaced or mai- '•fined shall be and 1s the obligation of the Riegel Heights Homeowners Association; and said obligation includes each owner's proportionate financial cuoport and nothing herein stated shall relieve any or all lot owners of said obligation. it is also herein agreed that all installed septic tanks on each individual lot shall be -inspected and pumped dry every three years, or a lesser time, if so noted by the association, such rate of 51: as herein specified, shall be deemed passed. 5. No garage, basement, out - building, shack, barn, tent, trailer, mobile home, or temporary structure placed or maintained on any lot shall at any time be used or occupied as a residence, either temporarily or permanently. 6. No trailer, boat, camper or other vehicle not customarily used for means of general transportation shall be parked on the premises for any period exceeding 4 hours within any 40 consecutive hour period as an incident to load- ing or unloading therefrom. 7. No derrick, rip, or other structure designed for use in boring, mining or drilling for oil, natural pas, or other hydrocarbon substances, or precious minerals, shall ever he erected, maintained or permitted upon said property. 8. No trade or noxious or offensive activity shall he carried on upon said property or any part thereof, nor shall anything he done or maintained thereon which shall be or become an annoyance or nuisance to the neighborhood. 9. No stable, poultry house, pigeon loft, or rabbit hut shall he constructed or maintained on any lot nor shall horses, cattle, cows, goats, sheep or other animals, fowls, or poultry, be raised or kept upon the said property; except that dogs and cats and other small house nets may he kept upon said property, provided they are not kept, bred, or raised thereon for conmercial purposes or in unreasonable quantities, and provided written approval of the association is first obtained. 10. The use of any building for a public hoarding house, lodging house, sanitarium, hospital, asylum, or institution of any kindred nature, or anything which may become a nuisance to the neighborhood is expressly prohibited. 11. The respective lots or single family dwellings thereon shall not be rented by the owners thereof for transient or hotel purposes, which shall he defined as rental for any period less than 30 days. Other than the forenoing • obligations, the owners of the respective lots shall have absolute right to • lease s , provided that the lease is made st ct to the covenants, conditions, restrictions, limitations, and uses contained in this declaration and further subject to the by -laws attached hereto. 111. APPROVAL OF PLANS 1. The architectural control committee shall consist of three members, also allowing one non- member. The original members and one non - member of said committee shall Fe as follows: Robert D. Riegel, Marijane T. Riegel and Donald Reed, Architect. ✓ 2. A majority of the committee may designate a representative to act for it. In the event of the death or resignation of any member of the committee, the remaining members shall have the full authority to designate a successor until the next general election of the association as hereinafter provided. Neither the members of the conmittee nor its designated representatives shall be entitled to any compensation other than expenses for services performed pursuant to these covenants. 3. The committee's approval or disapproval as required in these covenants shall be in writing. In the event the comrittee or its designated representatives fail to a -prove or disapprove within 30 days after plans and specifications have been submitted to it, approval thereof shall not be required, and the related covenants shall he deemed to have been fully complied with. 4. No building, structure, fence, wall, or any other installation shall bg erected, re- erected, reconstructed, placed, repaired, altered, repainted or redecorated on the exteriors of any lot until the plans and specifications therefor have been approved by the architectural control conmittee as to the quality of workmanship and materials, harmony of exterior designs with existing structures, and as to location with respect to topography and finished grade elevation. Said committee shall exercise complete discretion and authority as to the exterior colors and materials he used on or applied to said buildings, structures, fences, walls, and installations, and as to front and side set- backs and building lines. 5. At such time as the powers and duties under this declaration have been transferred to the association, as hereinafter provided, the association shall have control over the architectural conmittee. The architectural committee shall serve terms of one year. The P.oard of Directors shall appoint new members to fill vacancies on the architectural committee. Members of the arch. _ctural committee can be re- elected. 6. No signs or other advertising devise of any character shall he erected or maintained upon any part of said property, except that declarant may erect and maintain on said property such signs and other advertising devices as it may deem necessary or proper in connection with the conduct of its operations fpr the development, improvement, sub - division and sales of said property. iV. OCCUPANCY 1. An owner of a unit shall automatically, upon becoming the owner of same, ' be a member of the association and shall remain a member thereof until such time as his or her ownership ceases for any reason, at which time said member- ship in the association shall automatically cease. 2. The owners of all the units covenant•and agree that the administration of the project shall be in accordance with the provisions of this declaration, the articles and by -laws of the association which are collectively attached hereto, as Exhibit A, and made a part hereof. In the event any of the matters in Exhibit A are in any way inconsistent with any matters in this declaration, then any such matters in this declaration shall prevail. 3. Each owner, tenant or occupant of a unit shall comply with the pro- visions of this declaration, by -laws, decisions and resolutions of the association or its duly authorized representative, all as lawfully amended from time to time, and failure to comply with any such provisions, decisions, resolutions, Shall be grounds for an action to recover sums due for damages or for injunctive relief, as hereinafter set forth under vadditional powers of declarant and association ". 4. No owner of a unit may exempt himself from liability for his contri- bution towards the common expenses by waiver of the use or enjoyment of any of the common areas or by the abandonment of his unit. 5. Except as provided in Article III, in a voluntary conveyance of a unit, the grantee of the same shall he jointly and severally liable with the grantor of all unpaid assessments by the association against the latter for his share of the common expenses up to the time of the grant or conveyance, without prejudice to the grantee's right to recover from grantor the amounts paid by grantee therefor. However, any such grantee shall be entitled to a • statement from the association setting forth the amount of the unpaid assessments against , grantor due the association, and se " grantee shall not be liable for, nor shall the property conveyed be subject to a lien for, any unpaid assessments made by the association against the grantor in excess of the amounts set forth in the statement, provided, however, the grantee shall he liable for any such assessment becoming due after the date of any such statement. V. ADDITIONAL PLIERS OF OFCLARANT HID ASSOCIATION 1. Declarant or the association to which any of the rights of declarant may hereafter be assigned has and shall have all necessary powers, rights, and privileges to maintain and improve said property and to act for the peace, health, comfort, safety and general welfare of the owners of said property, or the residents thereon, including, but not limited to, the following: (a) To provide for fire protection and the collection and disposition of garbage, rubbish, ashes, and the like; to improve, linht and maintain undedicated streets, roads, alleys, courts, walks, pools, nateways, fences, and ornamental features now existing or hereafter to be erected or created, and to plant, maintain and care for all trees, plants, shrubs, and common area lawns. (b) To keep records of building permits and approvals or disprovals made or issued by it or the architectural control committee and to keep books and records showing all charges, levies, assessments, and all disbursements made. (c) To enforce the liens, charges, assessments, limitations, restrictions, conditions, and covenants and provisions of this declaration existing upon or affecting or hereby created for the benefit of all said property, over which i the declarant or the association has jurisdiction and control and to which said property may be subject to the extent that declarant or the association has the legal right as herein set forth to enforce the same, and to pay all expenses incidental thereto; to bring suits at law or in equity to enforce the same or to carry out the rights and powers herein reserved or established. (d) To pay taxes and assessments which may he levied by any public authority on commonly owned property and improvements thereon, now or hereafter opened, laid out, or established on said property, where the taxes are assessed as part of the property or separately, and on any property which may be held in trust for the use and benefit of the association. (e) To keep at all times the commonly owned improvements on said property insured against loss or damage by fire, or liability, with all physical loss • or extended perils endorsements, in an amount equal to the full insurable value _Dr of the impr; _7ents insured, and nay all premiums ' other charges payable in respect to such insurance. Except as provided in Article VII, all funds which are received in respect to said insurance in the event of a partial or total destruction of or damage to any improvements on said property, shall be deposited into a fund set up for that purpose and all monies so deposited to said fund shall be used to repair, restore, or replace said improvements. (f) To exercise such powers of interpretation, control, construction, consent, decision, determination, modification, amendment, cancellation, annulment, and enforcement of covenants, reservations, restrictions, limitations, assess- ments, charges, and liens imposed upon said property as may he vested in, dele- gated to or assigned to the declarant or the association. (g) To establish, levy, and collect such charges or fees as may be necessary to carry out, pay off and otherwise meet the expenses of carryino out and per- forming any of the general and enumerated powers or duties or the purposes for which the association may be formed; to provide that all assessments, charges and fees shall be due and payable on the 1st Monday of the month following the levy and fixing thereof, and shall become delinouent 6 days after the date upon which they become due and payable; to collect said charges or fees annually or oftener if deemed advisable by declarant or the association from the then owners and buyers under contract of purchase of each and every portion of said property. To "collect" includes actions at law in personum against the owner of any lot who has not paid an assessment when due, or in the alternative, as an additional remedy, the enforcement of the lien granted herein to secure the payment of such assessments. The association may recover any attorney's fees in collection of assessments and enforcement of any obligations under these restrictions. (h) Any labor rendered and materials or supplies used or consumed or equipment, appliances, or power furnished for the maintenance, upkeep and improvement of the property, or any funds expended for any purpose for the general welfare of the owners thereof or residents thereon, or for the community, in performing or causing to be performed any of the acts specified directly or by inference in the rights, duties and powers contained in this instrument, shall be deemed to have been rendered, furnished and supplied by the declarant or the association for the benefit and advantage of every portion of said property, and at the special instance and request of the owner or owners or buyers thereof, and declarant or the association shall have a lien upon each residence in said property against which the assessment charges or fees fixed, established or levied, •suant to any provision of this dec tion, shall have become delin- quent as fully as though such labor had been bestowed and materials supplied or equipment or power furnished directly to residence or residences; provided, however, that any action for such lien must he commenced in a proper court within 90 days after the claim of lien has been reported. 2. Declarant does hereby agree to maintain and keep in proper repair and operation the common areas and recreational areas, and to advance all funds necessary to pay fer such maintenance, taxes and insurance on said prop- erty, subject to reimbursement to individual owners by assessments levied by the provisions of this instrument. Said maintenance, fees and assessments shall he deemed to constitute a lien upon each of the residential lots in said property in favor of declarant and declarant may take any action recognized by the laws of the State of Washington for the enforcement of said lien, or in the alternative, may elect to sue in personum without enforcing such lien. The lien herein provided for shall he valid notwithstanding any other provisions contained in this declaration to the contrary. At such time as the association becomes the assignee of declarant of these declarations of restrictions, declarant may at its option, be relieved of the obligation under this paragraph, and the association shall he required to assume said obligations, except that declarant will remain responsible for unsold lots as hereinafter provided. Until such time as the association assumes obligations, declarant will guarantee said costs of maintenance, taxes and insurance, subject to the provisions contained herein. Declarant will at all times he, responsible for that portion of said expenses attributable to lots owned by declarant. 3. All agreements and determinations lawfully made by the association in accordance with the voting percentages established in this declaration or in the by- laws, shall be deemed to he binding on all owners of lots, their successors and assigns. 4. So long as declarant, his successors and assigns owns one or more of the lots established and described herein, declarant, its successors and assigns, shall be subject to the provisions of this declaration and of the association and declarant covenants to take no action which would adversely effect the rights of the association with respect to,assurances against latent defects in the property or other rights assigned to the association by reason of the establishment of the property or residences. - • 4. 5. On condemnation of all or any portion of the lots, the development will be .erminated and the lots and common are,., partitioned upon the'vote of 60% of the lot owners. VI. ENFORCEMENT As to each residential lot owner of the property, these restrictions, conditions and covenants shall be covenants running with the land for the benefit of each and every lot in said tract, and a breach of any thereof, and a con - 'tinuance of any such breach, may he enjoined, abated, or otherwise restrained by appropriate proceedings by the declarant or the association, or by any such owner of a lot in said tract; provided, however, that any subsequent owner of said property, including hut not limited to, purchasers at trust deed sales and foreclosures of mechanics' liens sales, shall be bound by the sane restrictions, covenants and provisions of this declaration of rights obtained by foreclosure of a trustee's sale or otherwise. VII. PROTECTION OF LENDERS 1. No breach of the covenants or restrictions herein contained, nor the enforcement of any lien provided for herein, shall defeat or render invalid the lien of any mortgage or deed of trust made in hood faith and for value, but all of said covenants and restrictions shall be binding upon and effective against any owner whose title is derived through foreclosure or trustee's sales, or through a deed given in lieu of either thereof. No such owner so deriving title shall be responsible for any obligations accruing hereunder prior to the Rime such owner acquired title. 2. Notwithstanding any other provision of the Declaration or the Ely-Laws, any of the following amendments to this declaration or the by -laws must he approved in writing by the beneficiary under each deed of trust or mortgagee under each mortgage encumbering all or any portion of any lot. (a) Any amendment which affects or purports to affect the validity or priority of any deed of trust or mortgage. (b) Any amendment which necessitates the payment, subsequent to foreclosure of any mortgage or deed of trust or acceptance of a deed in lieu thereof, of any portion of any unpaid assessment or assessments accruing prior thereof. (c) Any amendment which would or could result in any mortgage or deed of trust being cancelled by forfeiture, or in the individual residences not being sep- arately assessed for tax purposes. (d) Are, .mendment which would in any way res .t the right of any mortgagee or beneficiary to require the application of insurance proceeds of the indebt- edness secured by such mortgage or deed of trust. 3. In the event of the default by any owner in the payrent of any prom- issory note secured by such trust deed or mortgage to this individual residence br lot upon recordation of a Notice of Default the right of such owner to vote at any regular or special meeting of the owners thereof held during such time as said default may continue, shall automatically he suspended. Upon curing such default, the right of such owner to vote shall thereupon revive. 4. Any lender upon any residence subject to these provisions may appear at meetings of the Riegel Heights Homeowners Association, and meetings of the Board of Directors of said association to present objections, if violations of the covenants, conditions and restrictions have not been enforced, 5. In the event that any lender upon any property subject to these pro- visions requires a loss payable endorsement under any fire insurance policy, the insurance proceeds, in the event of a loss covered by insurance, shall apply under said loss payable endorsement, the provisions of Article V herein notwithstanding. VIII. OTHER PROVISIONS 1. These covenants are to run with the land and shall he binding on all parties or all persons claiming under them for a period of 30 years from the date these restrictions are recorded after which time such covenants shall be automatically extended for a successive period of ten years, unless an instru- ment signed by a majority of the then owners of the residential lots has been recorded, agreeing to change said covenants in whole or in part. 2. Should any provision or provisions hereof be declared invalid or in conflict with any law of the jurisdiction where this project is situated, the validity of all other provisions and portions hereof shall remain uneffected and of full force and effect. 3. Deed of conveyance of property, or any part thereof, may contain the above restricted covenants, by reference to this instrument. Whether or not such reference is made in such deeds, each and all such restrictions, covenants. and conditions shall be valid and binding upon the respective grantees. 4. This declaration shall not he revoked or any of the provisions herein amended except as provided in Article VII of Cy -Laws of the Association, Exhibit A herein. -12- 5. lien on any lot in favor of dr or the association, as may be established hereunder, shall be junior and subordinate - only to a lien of any deed of trust which encumbers any lot in said tract prior to a lien of declarant or the association becoming of record, provided said deed of trust is made in good faith and for value. IN WITNESS WHEREOF declarant has executed the within document this =day of , 1977. I RIEGEL HOhIEOWNERS� ASSOCIATION BY : ( FL;a__ /,rCC ✓ ✓ ROBERT DEE RIEGEL, t 5,resi i dent MARIJ AN T. RIEGEL, Secretary 7; : 7 STATE OF WASHINGTON ) ss. COUNTY OF SPOKANE • ) On the '< day of June, 1978, personally appeared before me ROBERT DEE RIEGEL and b1ARIJANE RIEGEL, to me known to be the President and Secretary, respectively,of RIEGEL HEIGHTS LUNEO :INERS' ASSOCIATIO.J, the corporation which executed the foreGcirg document, and acknowledged that they signed the same en b.:hal of the corporation as its free and voluntary act and deed for the uses and purposes therein mentioned, and that they are authorized by said corporation to sign on its behalf. ... GIVEN under my hand and official seal the date last above written. / f- l /'i NOTAR>' %PUBLIC in atd for the State of Washington, residing at Spokane. Transamencr Title Insurance Service_ ECEIVE SEP 1 4 1979 SPOKANE COUNTY PLANNING DEPARTMENT Transamerica Title Insurance Come North 720 Argonne Roaa Spokane, Washington 99206 (509) 922-2222 SECOND CERTIFICATE TO PLAT Spokane County Planning Commission N. 721 Jefferson Spokane, Washington Order No.:99825 -1 to SS Certificate for Filing Proposed Plat of REPLAT OF LOT 12 OF RIEGEL HEIGHTS PLANNED UNIT DEVELOPMENT Gentlemen: In the matter of the p1'at 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 Cleric 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: All that portion of the Southeast quarter of the Southwest quarter of Section 23, Township 25 North, Range 43 E.W.M., AND that portion of Lot 12, of RIEGEL HEIGHTS PLANNED UNIT DEVELOPMENT, as per plat thereof recorded in Volume 13 of Plats, page 7,9, more particularly described as follows: Beginning at the Southwest corner Lot 11 of RIEGEL HEIGHTS PLANNED UNIT DEVELOPMENT; thence North 0 ° 11'28" East along the West line of said Lot 11, a distance of 150.09 feet to the Northwest corner of said Lot 11; thence South 89 ° 48'33" East along the North line of said Lot 11 a distance of 200.00 feet to the West line of Lot 9 in said DEVELOPMENT; thence North 0 ° 11'28" East along the West line of Lots 9, 8, and 7 a distanced of 194.91 feet; thence along the Northwesterly line of Lot 7, North 38 °12'49" East 230.23 feet; thence South 28 °06'18" East 178.82 feet; thence on a non - tangent curve, concave to the right, having a tangent bearing of North 50 ° 21'21" East, a central angle of 23 ° 04'28 ", a radius of 50.00 feet, for a distance of feet to the Southwest corner of Lot 6 in said Development; thence North 28 ° 06'18" West along the West line of said Lot 6, a distance of 177.82 feet to the Northwest corner of said Lot 6; thence along the North line of said Lot 6, South 89 ° 48'33" East 273.64 feet; thence North 0 ° 26'08" West 263.18 feet; thence South 63 ° 00'00" West 425.00 feet;' thence South 39 ° 10'00" West 592.43 feet; thence South 0 °11'28" West 143.37 feet to a line 30.0 feet Northerly of the South line of said Southwest quarter of said Southeast quarter; thence South 89 ° 48'33" East 120.00 feet to the point of beginning; -_ (continued) A 1 SECOND CERTIFICATE TO PLAT Page 2 Order No. 99825 -M Situate in the County of Spokane, State of Washington. VESTED IN: DARYL N. HEIMBIGNER, as his separate property, as to an un- divided 1 /11th interest in and to Lot 12; LYNN L. MOHLER and MERIDELL L. MOHLER, husband and wife as to a 1 /11th interest in and to Lot 12; GARRY D. CHAMBERLAIN and LINDA M. CHAMBERLAIN, husband and wife, as to a 1 /11th interest in and to Lot 12; CECIL F. JOHNSON and LOA J. JOHNSON, husband and wife, as to a 1 /11th interest in and to Lot 12; TERRY M. THOMPSON and MARILYNN A. THOMPSON, husband and wife, as to a 1 /11th interest in and to Lot 12; DONALD L. WOLFE, a single person, as to a 1 /11th interest in and to Lot 12; JACK P. MASELLI, subject to the community property interest of his wife, if married on April 3, 1979, the date of his acquisition of said land, as to a 1 /11th interest in and to Lot 12; ROBERT W. O'BRIEN and MAUREEN A. O'BRIEN, husband and wife, as to an undivided 1 /11th interest in and to Lot 12; and ROBERT DEE RIEGEL, a married man, as to the remainder of said land hereinafter described. EXCEPTIONS: 1. 1% excise tax, if unpaid. 2. General taxes for the year 1979, delinquent in the amount of $245.32, plus interest (Parcel No. 23534 - 0712). Affects a portion in Lot 12 of Riegel Heights Planned Unit Development General taxes for the last half of 1979, in the amount of $97.32 including Weed District Tax (Parcel No. 23534 - 9140). Affects a portion within the SW 1/4 of the SE 1/4 of said Section 23, and other property EXCEPT Lot 12. • There appears to have been an overpayment for the general taxes for the year 1979 in Parcel No. 23534- 9140). 3. Liability to future assessments levied by the Riegel Heights Planned Unit Development Home Owners Association. 4. Restrictions imposed and easements reserved by the Dedication of the Plat, a copy of which is attached. 5. Restrictions imposed by Declaration of Restrictions recorded as Document No. 7806150127, a copy of which is attached. (continued) SECOND CERTIFICATE TO PLAT Page 3 Order No. 99825 -M 6, EASEMENT AND THE TERMS AND CONDITIONS THEREOF: Grantee: The Washington Water Power Company, a corporation Purpose: Electrical transmission line and telephone system, with right to place six poles and right of overhang approximately thirty feet North of the South line of said Southwest quarter of the Southeast quarter, together with right to remove brush and trees Dated: March 31, 1955 Recorded: April 22, 1955 Recording No.: 312318B 7 MORTGAGE AND THE TERMS AND CONDITIONS THEREOF: Mortgagor: The Kahuna Land Company, a Washington corporation Mortgagee: Robert Dee Riegel, husband of Marijane T. Riegel, dealing in his sole and separate property Amount: $110,000.00 Dated: October 12, 1977 Recorded: October 12, 1977 Recording No.: 7710120472 Affects: _ A portion- of.thzs -and other property 8. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: Grantee: Pacific Northwest Bell Telephone Company, a Washington corporation Purpose: Right to place, construct, operate and maintain, inspect, reconstruct, repair, replace and keep clear communication lines with ingress to and egress from, and to remove at any time, any or all of the communication lines Location: The exact location is not disclosed of record Dated: August 17, 1977 Recorded: October 20, 1977 Recording No.: 7710200059 Affects: Riegel Court 9. The effect of the fail:ire of the owners to execute the Owner's Declaration on the face of the recorded Plat of said land. 10. The effect of consent affidavits to change the boundaries of Lot 12, executed by Lynn L. Mohler and Meridill L. Mohler, et al, recorded July 24, 1979, as Instruments No. 7907240362 and 7907240363. (continued) NOTE 1: A Special Power of Attorney recorded July 24, 1979, as Document No. 7907240355, sufficient'in form to authorize a conveyance or mortgage of the herein described property, executed by Property Owners to Joseph G. Ward. NOTE 2: A Special Power of Attorney recorded July 24, 1979, as Document No. 7907240356, sufficient in form to authorize a conveyance or mort- gage of the herein described property, executed by Property Owners to Joseph G. Ward. By: cc: Spokane County Engineers cc: Manfred & Ward, Attn: Bob Bethards SECOND CERTIFICATE TO PLAT Page 4 Order No. 99825 -M Records examined to September 4, 1979 at 8:00 A.M. TRANSAMERICA TITLE INSURANCE COMPANY G R bert Myler y Restrictive covenants and easements referred to in Policy No. 99825 -M of the Transamerica Title Insurance Company, which are imposed by the Dedication of the Plat of RIEGEL HEIGHTS PLANNED UNIT DEVELOPMENT, as per plat thereof recorded in Volume 13 of. Plats, page 79, as follows: • Domestic water and an operative public sewer system acceptable to County and State Health Authorities and individual services shall he provided each lot prior to sale. No more than one detached dwelling structure shall be placed on any one lot, nor shall any lot be further subdivided for the purpose of creating additional lots or building sites without filing a replat. Known all men by these presents, that I the undersigned owner in fee simple of the property shown hereon declare this plan and dedicate the same for condominium purposes. The drives, walks, streets or alleys and lot 12 therein are not dedicated to the public generally, but are specifically dedicated to the exclusive use and benefit of the property owners as colon areas according to the declaration. This plat or any portion thereof shall be restricted by the terms of the declaration filed under Spokane County Auditor's No. 7806150127, Volume 387 of Deeds, page 1683 as recorded this 15th day of June, 1978. t L•rea3tcty erZaai'atatz. ,s�, i !p ;' a RIEG: HEIGHTS PLANNED UNIT uEVELOPt'NT Dedication to the Plat V,L ,5)1 i:.E11))0 ULDUCtTC IrsoC150 1.27 JUN 15 II 26 AN'78 q / �� I YCR 4G9 V.nlp VY .w Ahn,AUDITDq / 17 SI uF Aht CCTTASIL , SOO DECLARATION OF RESTRICTIONS DEPUTY. co (Enabling Declaration Establishing a Planned Unit Development) ROBERT RIEGEL, a Washington resident, hereinafter referred to as "declarant" is the owner of that certain real property subject to this declaration, located in the County of Spokane, State of Washington, more particularly described as follows: Lots 1 through 12 of RIEGEL HEIGHTS PLANNED UNIT DEVELOP- MENT, as per map recorded in Book I' , Page O records of Spokane County, Washington, and does hereby declare and certify as follows: P.OSTON RECITALS 1. Declarant is the owner of the above - described real property. 2. Declarant intends to improve the property by developing 11 lots for single family residences: Said lots are numbered 1 through 12, with lot 12 to be held as a common area, all of which is to be designed and designated substantially in accordance with plans and specifications styled RIEGEL HEIGHTS PLANNED UNIT DEVELOPMENT, hereinafter to be referred to as "the project." The single street in the project is designed as common area. 3. Declarant hereby establishes by this declaration a plan for the individual ownership of the real property estates consisting of the area or space contained in each of the lots and the co- ownership by the individual and separate owners thereof as tenants in common and as hereinafter set forth, of all of the remaining real property which is hereinafter defined and referred to herein as "the common areas." DECLARATION Pursuant to the foregoing, declarant does hereby make the following declaration as to division, easements, rights, liens, charges, covenants, re- strictions, limitations, conditions, and uses to which the development may be put, hereby specifying that such declaration shall constitute covenants to run with the land and shall be binding on declarant, its successors and assigns, and all subsequent owners of all of any part of the project, together with their grantees, successors, heirs, executors, administrators, devisees or assigns: 1. PLAN OF DEVELOPMENT A. Declarant, in order to establish a plan of private unit development ownership for the project, hereby covenants and agrees that it hereby divides the project into the following separate freehold estates: 1. Each of the 11 lots, each separately shown, numbered and desig- nated on the area plan, consisting of sheets, recorded 197 , as Instrument No. , Official records of Spokane County, Washington, which said plan is incorporated herein by reference, and which describes legally each residential lot. In interpreting deeds, declarations and plans, the existing physical boundaries of the lots or of a lot reconstructed in substantial accordance with the original plans thereof shall he conclusively presumed to be its boundaries, rather than the metes and bounds or other description expressed in the deed, plan or declaration, regardless of settling or lateral movement and regardless of minor variance between boundaries shown on the plan or in the deed and declaration. 2. A freehold estate consisting of the remaining portions of the project is described and referred to herein as common area Lot 12 and the Street officially named Riegel Lane, consisting of trees and other landscaping, recreational area, walkways, green areas, driveway, patios, and other areas of common ownership as more particularly described in said recorded Lot plan, as hereinabove set forth. 3. Each lot, together with the respective undivided interests in the common areas specified and established in paragraph (5) hereof, is defined and hereinafter referred to as "lot" by number and the ownership of each Lot shall include such Lot and suc undivided interest in the common areas. -2- 4. The eleven individual lots hereby established for construction of residential homes and which shall be individuall conveyed are described as lots numbered one through eleven of RIEGEL HEIGHTS PLANNED UNIT DEVELOPMENT. 5. The undivided interest in the common areas hereby established and which shall be conveyed with each respective lot is a one - eleventh interest therein and shall be known as Lot 12 hereof, and the Street named Riegel Lane. Each of the above respective undivided interests established and to -2- (continued) • be conveyed with the respective lots cannot be changed, and declarant, successors and assions, covenant L agree the undivided interests in the common areas and the fee titles to the respective lots conveyed therewith shall not he separated or separately conveyed and each such undivided interest shall be deemed to be conveyed or encumbered with each respective unit even though the description in the instrument of convey- ed and each such undivided interest shall he deemed to be conveyed or encumbered with each respective unit even though the description in the instrument of conveyance or encumbrance may refer only to the fee title to the respective lot. 6. The proportionate shares of the separate owners of the respective Lots in the profits and common expenses in the common areas, as well as their proportionate representation for voting purposes in Riegel Heights Homeowners Association, a (:Washington non - profit association, hereinafter called the association ", shall he one- eleventh; i.e., 1 /1l share and one vote for each lot. 7. The common areas shall remain undivided as set forth above, and no owner shall bring any action for partition it being agreed that this restriction is necessary in order to preserve the rights of the owners with respect to the operation and management of the project. 8. The Architectural Control Committee, as set forth in the Declaration of the By-Laws of the association, may bargain for or offer to purchase or accept as gifts additional real property strictly limited to additions to the common areas, and thereafter present to all members of the association for acceptance.hy a 807 majority of the members of the association's written proposal.. Such proposal shall contain all descrip- tions of the real property and all pertinent information of it's cost, use, need, and future or present plans. The proposal shall set out the properties' specific use such as plans for preen areas, swimming pool, caretakers residence, tool house, Barden areas nr similar common area uses. Such proposal being accepted by an 80% majority may be carried out. Such duly noted proposal shall not be unnecessarily bound by regulations "Ii ", "uses of Property" following. It is further understood and agreed by all members that additional use of the effluent line and drainfield shall he automatically granted to applicants of the surrounding area. The additional use and hook -ins W.I 001 I ;a luzl. all be limited to six in number anc 1, if any, shall bear their proportionate responsibility, financially, and shall he required to perform for that service under all rules and regulations herein set forth for the care and maintenance of the effluent system in it's entirety. iI. USES OF PROPERTY 1. The lots shall be occupied and used by the respective owners only as single family private dwellings for the owners, his family, tenants, and social guests, and for no other purpose. 2. If any portion of the common area encroaches upon the lots, a valid easement for the encroachment and for the maintenance of same, so long as it stands, shall and does exist. In the event any structure is partially or totally destroyed and then rebuilt, the owners of lots agree that minor encroach- ments of parts of the common areas due to construction shall he permitted and that valid easements for such encroachment and the maintenance thereof shall exist. 3. No laundry, bedding, garment or thing of like nature shall be hung on any of the permises where visible to the public. If any such articles are to be hung outdoors, a drying yard enclosed from the view of adjacent property must be provided for such purposes. 4. No individual sewage disposal system shall be permitted on said property unless such system is designed, located and constructed in accordance with the standards, requirements and recommendations of the State and local public health authorities. Approval of such system as installed must first be obtained from such authorities., Provided, however, that each owner, by acceptance of the deed, grants to each other owner all necessary reciprocal rights or easements in and on property held by each such owner separately, or in common ownership with the other owners on lot 12 for the construction, maintenance, and repair of all necessary septic tanks, sewer lines, and other sanitary services, and percolation therefrom, for the use and occupancy of each resident. It is herein acknowledged by each owner of one or more lots in the project that installation of a septic tank sewer unit is required under the above stated requirements, and that a common effluent disposal line for each lot and area now exists, and right -of -ways and easements for said disposal lines and common areas within and without the project; and further, that said disposal effluent line, its connections and appurtances as installed or to be inst; d, repaired, adjusted, replaced or Itained shall be and 1s the obligation of the Riegel Heights Homeowners Association; and said obligation includes each owner's proportionate financial cupport and nothing herein stated shall relieve any or all lot owners of said obligation. it is also herein agreed that all installed septic tanks on each individual lot shall be -inspected and pumped dry every three years, or a lesser time, if so noted by the association, such rate of 51% as herein specified, shall be deemed passed. 5. No garage, basement, out - building, shack, barn, tent, trailer, mobile home, or temporary structure placed or maintained on any lot shall at any time be used or occupied as a residence, either temporarily or permanently. 6. No trailer, boat, camper or other vehicle not customarily used for means of general transportation shall be parked on the premises for any period exceeding 4 hours within any 48 consecutive hour period as an incident to load- ing or unloading therefrom. 7. No derrick, rip, or other structure designed for use in boring, mining or drilling for oil, natural pas, or other hydrocarbon substances, or precious minerals, shall ever be erected, maintained or permitted upon said property. ©. No trade or noxious or offensive activity shall he carried on upon said property or any part thereof, nor shall anything he done or maintained thereon which shall he or become an annoyance or nuisance to the neighborhood. 9. No stable, poultry house, pigeon loft, or rabbit hut shall he constructed or maintained on any lot nor shall horses, cattle, cows, goats, sheep or other animals, fowls, or poultry, be raised or kept upon the said property; except that dogs and cats and other small house nets may he kept upon said property, provided they are not kept, bred, or raised thereon for commercial purposes or in unreasonable quantities, and provided written approval of the association is first obtained. 10. The use of any building for a public hoarding house, lodging house, sanitarium, hospital, asylum, or institution of any kindred nature, or anything which may become a nuisance to the neighborhood is expressly prohibited. 11. The respective lots or single family dwellings thereon shall not be rented by the owners thereof for transient or hotel purposes, which shall he defined as rental for any period less than 30 days. Other than the foregoing • obligations, the owners of the respective lots shall have absolute right to • lease „ provided that the lease is made si ct to the covenants, conditions, restrictions, limitations, and uses contained in this declaration and further subject to the by -laws attached hereto. IIi. APPROVAL OF PLANS 1. The architectural control committee shall consist of three members, also allowing one non - member. The original members and one non - member of said committee shall be as follows: Robert D. Riegel, Marijane T. Riegel and Donald Reed, Architect. ✓ 2. A majority of the committee may designate a representative to act for it. In the event of the death or resignation of any member of the committee, the remaining members shall have the full authority to designate a successor until the next general election of the association as hereinafter provided. Neither the members of the committee nor its designated representatives shall be entitled to any compensation other than expenses for services performed pursuant to these covenants. 3. The committee's approval or disapproval as required in these covenants shall be in writing. In the event the committee or its designated representatives fail to a -prove or disapprove within 30 days after plans and specifications have been submitted to it, approval thereof shall not be required, and the related covenants shall be deemed to have been fully complied with. 4. No building, structure, fence, wall, or any other installation shall b2 erected, re- erected, reconstructed, placed, repaired, altered, repainted or redecorated on the exteriors of any lot until the plans and specifications therefor have been approved by the architectural control committee as to the quality of workmanship and materials, harmony of exterior designs with existing structures, and as to location with respect to topography and finished grade elevation. Said committee shall exercise complete discretion and authority as to the exterior colors and materials to he used on or applied to said buildings, structures, fences, walls, and installations, and as to front and side set- backs and building lines. 5. At such time as the powers and duties under this declaration have been transferred to the association, as hereinafter provided, the association shall have control over the architectural committee. The architectural committee shall serve terms of one year. The Picard of Directors shall appoint new memhrrs to fill vacancies on the architectural committee. Members of the arch tectural committee can be re- elected. 6. No signs or other advertising devise of any character shall he erected or maintained upon any part of said property, except that declarant may erect and maintain on said property such signs and other advertising devices as it may deem necessary or proper in connection with the conduct of its operations for the development, improvement, sub - division and sales of said property. IV. OCCUPANCY 1. An owner of a unit shall autocratically, upon becoming the owner of same, be a member of the association and shall remain a member thereof until such time as his or her ownership ceases for any reason, at which time said member- ship in the association shall automatically cease. 2. The owners of all the units covenant and agree that the administration of the project shall be in accordance with the provisions of this declaration, the articles and by -laws of the association which are collectively attached hereto, as Exhibit A, and made a part hereof. In the event any of the matters in Exhibit A are in any way inconsistent with any matters in this declaration, then any such matters in this declaration shall prevail. 3. Each owner, tenant or occupant of a unit shall comply with the pro- visions of this declaration, by -laws, decisions and resolutions of the association or its duly authorized representative, all as lawfully amended from time to time, and failure to comply with any such provisions, decisions, resolutions, yhall be grounds for an action to recover sums due for damages or for injunctive relief, as hereinafter set forth under "additional powers of declarant and association ". 4. No owner of a unit may exempt himself from liability for his contri- bution towards the common expenses by waiver of the use or enjoyment of any of the common areas or by the abandonment of his unit. 5. Except as provided in Article IIi, in a voluntary conveyance of a unit, the grantee of the same shall he jointly and severally liable with the grantor of all unpaid assessments by the association against the latter for his share of the common expenses up to the time of the grant or conveyance, without prejudice to the grantee's right to recover from grantor the amounts paid by grantee therefor. However, any such grantee shall be entitled to a • statement from the association setting forth the amount of the unpaid assessments agains' he grantor due the association, and - ch grantee shall not be liable for nor shall the property conveyed he suhject to a lien for, any unpaid assessments made by the association against the grantor in excess of the amounts set forth in the statement, provided, however, the nrantee shall he liable for any such assessment becoming due after the date of any such statement. V. ADDITIONAL PCUERS OF DFCLPPArIT PMD ASSOCIATION 1. Declarant.or the association to which any of the rights of declarant may hereafter be assigned has and shall have all necessary powers, rights, and privileges to maintain and improve said property and to act for the peace, health, comfort, safety and general welfare of the owners of said property, or the residents thereon, including, hut not limited to, the following: (a) To provide for fire protection and the collection and disposition of garbage, rubbish, ashes, and the like; to improve, lioht and maintain undedicated streets, roads, alleys, courts, walks, pools, nateways, fences, and ornamental features now existing or hereafter to be erected or created, and to plant, maintain and care for all trees, plants, shrubs, and common area lawns. (b) To keep records of building permits and approvals or disprovals made or issued by it or the architectural control committee and to keep hooks and records showing all charges, levies, assessments, and all disbursements rade. (c) To enforce the liens, charges, assessments, limitations, restrictions, conditions, and covenants and provisions of this declaration existing upon or affecting or hereby created for the benefit of all said property, over which I the declarant or the association has ,jurisdiction and control and to which said property may be subject to the extent that declarant or the association has the legal right as herein set forth to enforce the same, and to pay all expenses incidental thereto; to bring suits at law or in equity to enforce the same or to carry out the rights and powers herein reserved or established. (d) To pay taxes and assessments which may he levied by any public authority on commonly owned property and improvements thereon, now or hereafter opened, laid out, or established on said property, where the taxes are assessed as part of the property or separately, and on any property which may be held in trust for the use and benefit of the association. (e) To keep at all times the commonly owned improvements on said property insured against loss or dacage by fire, or liability, with all physical loss or extended perils rndorsemects, in an armunt equal to the full insurable value 4 of the imf events insured, and nay all premium d other charges payable in respect to such insurance. Except as provided in Article VII, all funds which are received in respect to said insurance in the event of a partial or total destruction of or damage to any improvements, on said property, shall be deposited into a fund set up for that purpose and all monies so deposited to said fund shall be used to repair, restore, or replace said improvements. (f) To exercise such powers of interpretation, control, construction, consent, decision, determination, modification, amendment, cancellation, annulment, and enforcement of covenants, reservations, restrictions, limitations, assess- ments, charges, and liens imposed upon said property as may he vested in, dele- gated to or assigned to the declarant or the association. (g) To establish, levy, and collect such charges or fees as may be necessary to carry out, pay off and otherwise meet the expenses of carrying out and per -, forming any of the general and enumerated powers or duties or the purposes for which the association may be formed; to provide that all assessments, charges and fees shall be due and payable on the 1st Monday of the month following the levy and fixing thereof, and shall become delinouent 6 days after the date upon which they become due and payable; to collect said charges or fees annually or oftener if deemed advisable by declarant or the association from the then owners and buyers under contract of purchase of each and every portion of said property. To "collect" includes actions at law in personum against the owner of any lot who has not paid an assessment when due, or in the alternative, as .4' an additional remedy, the enforcement of the lien granted herein to secure . the payment of such assessments. The association may recover any attorney's fees in collection of assessments and enforcement of any obligations under these restrictions. (h) Any labor rendered and materials or supplies used or consumed or equipment, appliances, or power furnished for the maintenance, upkeep and improvement of the property, or any funds expended for any purpose for the general welfare of the owners thereof or residents thereon, or for the comvaunity, in performing or causing to he performed any of the acts specified directly or by inference in the rights, duties and powers contained in this instrument, shall be deemed to have been rendered, furnished and supplied by the declarant or the association for the benefit and advantage of every portion of said property, and at the special instance and request of the owner or owners or buyers thereof, and declarant or the association shall have a lien upon each residence in said property against which the assessment charges or fees fixed, established or leviec Jrsuant to any provision of this del. ation, shall have become delin- quent as fully as though such labor had been bestowed and materials supplied or equipment or power furnished directly to residence or residences; provided, however, that any action for such lien must he commenced in a proper court within 90 days after the claim of lien has been reported. 2. Declarant does hereby agree to maintain and keep in proper repair and operation the common areas and recreational areas, and to advance all funds necessary to pay for such maintenance, taxes and insurance on said prop- erty, subject to reimbursement to individual owners by assessments levied by the provisions of this instrument.' Said maintenance, fees and assessments shall he deemed to constitute a lien upon each of the residential lots in said property in favor of declarant and declarant may take any action recognized by the laws of the State of Washington for the enforcement of said lien, or in the alternative, may elect to sue in personum without enforcing such lien. The lien herein provided for shall to valid notwithstanding any other provisions contained in this declaration to the contrary. At such time as the association becomes the assignee of declarant of these declarations of restrictions, declarant may at its option, be relieved of the obligation under this paragraph, and the association shall he required to assume said obligations, except that declarant will remain responsible for unsold lots as hereinafter provided. Until such time as the association assumes obligations, declarant will guarantee said costs of maintenance, taxes and insurance, subject to the provisions contained herein. Declarant will at all times be responsible for that portion of said expenses attributable to lots owned by declarant. 3. All agreements and determinations lawfully made by the association in accordance with the voting percentages established in this declaration or in the by -laws, shall be deemed to he binding on all owners of lots, their successors and assigns. 4. So long as declarant, his successors and assigns owns one or more of the lots established and described herein, declarant, its successors and assigns, shall he subject to the provisions of this declaration and of the association and declarant covenants to take no action which would adversely effect the rights of the association with respect to, assurances against latent defects in the property or other rights assigned to the association by reason of the establishment of the property or residences. - a • 5. On condemnation of all or any portion of the lots, the development will L_ terminated and the lots and common areas partitioned upon the vote of 60% of the lot owners. VI. ENFORCEMENT As to each residential lot owner of the property, these restrictions, conditions and covenants shall be covenants running with the land for the benefit bf each and every lot in said tract, and a breach of any thereof, and a con- tinuance of any such breach, may he enjoined, abated, or otherwise restrained by appropriate proceedings by the declarant or the association, or by any such owner of a lot in said tract; provided, however, that any sutsequent owner of said property, including but not limited to, purchasers at trust deed sales and foreclosures of mechanics' liens sales, shall be bound by the same restrictions, covenants and provisions of this declaration of rights obtained by foreclosure of a trustee's sale or otherwise. VII. PROTECTION OF LENDERS 1. No breach of the covenants or restrictions herein contained, nor the enforcement of any lien provided for herein, shall defeat or render invalid the lien of any mortgage or deed of trust made in hood faith and for value, but all of said covenants and restrictions shall be binding upon and effective against any owner whose title is derived through foreclosure or trustee's sales, or through a deed given in lieu of either thereof. No such owner so deriving title shall be responsible for any obligations accruing hereunder prior to the Rime such owner acquired title. 2. Notwithstanding any other provision of the Declaration or the By-Laws, any of the following amendments to this declaration or the by -laws 'rust he approved in writing by the 'beneficiary under each deed of trust or mortgagee under each mortgage encumbering all or any portion of any lot. (a) Any amendment which affects or purports to affect the validity or priority of any deed of trust or mortgage. (b) Any amendment which necessitates the payment, subsequent to foreclosure of any mortgage or deed of trust or acceptance of a deed in lieu thereof, of any portion of any unpaid assessment or assessments accruing prior thereof. (c) Any amendment which would or could result in any mortgage or deed of trust being cancelled ty forfeiture, or in the individual residences not being sep- arately assessed for tax purposes. 4. (d) A. amendment which would in any may re. ict the right of any mortgagee or beneficiary to require the application of insurance proceeds of the indebt- edness secured by such mortgage or deed of trust. 3. In the event of the default by any owner in the payment of any prom- issory note secured by such trust deed or mortgage to this individual residence br lot upon recordation of a Notice of Default the right of such owner to .vote at any regular or'special meeting of the owners thereof held during such time as said default may continue, shall automatically he suspended. Upon curing such default, the right of such wilier to vote shall thereupon revive. 4. Any lender upon any residence subject to these provisions may appear at meetings of the Riegel Heights Homeowners Association, and meetings of the Board of Directors of said association to present objections, if violations of the covenants, conditions and restrictions have not been enforced. 5. In the event that any lender upon any property subject to these pro- visions requires a loss payable endorsement under any fire insurance policy, the insurance proceeds, in the event of a loss covered by insurance, shall apply under said loss payable endorsement, the provisions of Article V herein notwithstanding. VIII. OTHER PROVISIOrS 1. These covenants are to run with the land and shall be binding on all parties or all persons claiming under them for a period of 30 years from the date these restrictions are recorded after which time such covenants shall be . . automatically extended for a successive period of ten years, unless an instru- ment signed by a majority of the then owners of the residential lots has been recorded, agreeing to change said covenants in whole or in part. 2. Should any provision or provisions hereof be declared invalid or in conflict with any law of the jurisdiction where this project is situated, the validity of all other provisions and portions hereof shall remain uneffected and of full force and effect. 3. Deed of conveyance of property, or any part thereof, may contain the above restricted covenants, by reference to this instrument. Whether or not such reference is made in such deeds, each and all such restrictions, covenants and conditions shall be valid and binding upon the respective grantees. 4. This declaration shall not he revoked or any of the provisions herein amended except as provided in Article VII of By-Laws of the Association, Exhibit A herein. _12_ • 5 - '\ lien on any lot in favor of r' ' or the association, as may be established hereunder, shall be junior and subordinate. only to a lien of any deed of trust which encumbers any lot in said tract prior to a lien of declarant or the association becoming of record, provided said deed of trust is made in good faith and for value. IN WITNESS / WHEREOF declarant has executed the within document this' /day of 7-. , 1977. STATE OF WASIIINGTON COUNTY OP SPOKANE • • SS. RIKGEL ITS HOMEOWNER ASSOCIATION ROBERT DEE RIEGEL, resident y BY: / i�d ( %C G['. ./. /� . , � .i <C�- MARIJANE T. RIEGEL, Secretary /; ./ On the '/ of June, 1978, personally appeared before me ROBERT DEE RIEGEL and MARIJANE RIEGEEL, to me known to be the President and Secretary, respectively,of RIEGEL HEIGHTS liO ED:7NERS' ASSOCIATIO J, the corporation which executed the foregcing • document, and acknowledged that they signed the same cn b_half of the corporation as its free and voluntary act and fled for the uses and purposes therein mentioned, and that they are authorized by said corporation to sign on its behalf. GIVEN under my hand and official seal the date last above' written. • NOTARy2PUBLIC in aid for the State of WAshington, residing at Spokane. Transamerac7 Title Insurance Service. County Planning Commission N. 811 Jefferson Spokane, Washington Gentlemen: Fr As hereinafter set forth; Transamerica Title Insurance Camper) North 720 Argonne Road - Spokane, Washington 99206 (509) 922-2222 SECOND CERTIFICATE TO PLAT (see page 3) VESTED IN: ROBERT DEE RIEGEL, as his separate estate. EXCEPTIONS: Order No. 82241 -M Certificate for Filing Proposed Plat of REGAL HEIGHTS PLANNED UNIT DEVELOPMENT In the matter of the plat submitted for your annroval, 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: 1. General taxes for the last half of 1977 in the amount of $152.52, including Weed District Tax (Parcel No. 23534 -9123) 2 EASEMENT AND THE TERMS AND CONDITIONS THEREOF: Grantee: The Washington Water Power Company, a corporation Purpose: Electrical transmission line and telephone system, with right to place 6 poles and right of overhang approximately 30 feet North of the South line of said Southwest quarter of the Southeast quarter, together with right to remove brush and trees Dated: March 31, 1955 RECEIVED Recorded: April 22, 1955 a¢I)gaN+ 0001 EN NELR Recording No.: 312318B (continued) SEP 12 1977 I Page 2 Order No. 82241 -M Second Certif. to Plat 3. Right to make necessary slopes for cuts or fills upon property herein described as granted to Spokane County be deed recorded under Recording No. 438660C. cc: Ralph E. Flagan Records examined to August 30, 1977 at 8:00 A. M. TRANSAMERICA TITLE INSURANCE COMPANY By: Dennis Roberts Title Officer DESCRIPTION: Page 3 Order No. 82241 -M Second Certif. to Plat That portion of the Southwest quarter of the Southeast quarter of Section 23, Township 25 North, Range 43 E. W. M., described as follows: Beginning at the Southeast corner of said Southwest quarter of said Southeast quarter; thence North 0 ° 26'08" West along the East line of said Southwest quarter 30.00 feet; thence North 89 ° 48'33" West parallel with the South line of said Southwest quarter 280.00 feet to the true point of beginning of this description; thence continuing North 89 °48'33" West 304.10 feet; thence on a curve concave to the left having a central angle of 18 °08'56 ", a radius of 603.00 feet, for a distance of 191.00 feet to the South line of said Southwest quarter; thence North 89 ° 48'33" West along the South line of said Southwest quarter 46.36 feet; thence North 0 °23'09" West parallel with the West line of said Southwest quarter 30.00 feet; thence North 89 °48'33" West 170.82 feet; thence North 0 °11'28" East 150.09 feet; thence South 89 °48'33" East 200.00 feet; thence North 0 ° 11'28" East 716.61 feet; thence East 429.90 feet; thence South 0 °26'08" East 531.51 feet; thence North 89 ° 33'52" East 133.59 feet; thence South 57 ° 41'10" West 71.20 feet; thence South 0 °09'26" West 299.85 feet to the true point of beginning. Situate in the County of Spokane, State of Washington. Gentlemen: lsamen oa TdIe Insur Sery cos uu C;o un u:❑ II In :ur;mce, Company 'forth 720 Argonne Read pokane, Washington 99206 (509) 922 -2222 CERTIFICATE TO PLAT Spokane County Planning Commission N. 721 Jefferson Spokane, Washington Order No 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: All that portion of the Southeast quarter of the Southwest quarter of Section 23, Township 25 North, Range 43 E.W.M., AND that portion of Lot 12, of RIEGEL HEIGHTS PLANNED UNIT DEVELOPMENT, as per plat thereof recorded in Volume 13 of Plats, page 79, more particularly described as follows: Certificate for Filing Proposed Plat of REPLAT OF LOT 12 OF RIEGEL HEIGHTS PLANNED UNIT DEVELOPMENT Beginning at the Southwest corner of Lot 11 of RIEGEL HEIGHTS PLANNED UNIT DEVELOPMENT; thence North 0 ° 11'28" East along the West line of said Lot 11, a distance of 150.09 feet to the Northwest corner of said Lot 11; thence South 89 ° 48'33" East along the North line of said Lot 11 a distance of 200.00 feet to the West line of Lot 9 in said DEVELOPMENT; thence North 0 ° 11'28" East along the West line of Lots 9, 8, and 7 a distanced of 194.91 feet; thence along the Northwesterly line of Lot 7, North 38 ° 12'49" East 230.23 feet; thence South 28 °06'18" East 178.82 feet; thence on a non - tangent curve, concave to the right, having a tangent bearing of North 50 ° 21'21" East, a central angle of 23 ° 04'28 ", a radius of 50.00 feet, for a distance of 20.14 feet to the Southwest corner of Lot 6 in said Development; thence North 28 ° 06'18" West along the West line of said Lot 6, a distance of 177.82 feet to the Northwest corner of said Lot 6; thence along the North line of said Lot 6, South 89 ° 48'33" East 273.64 feet; thence North 0 ° 26'08" West 263.18 feet; thence South 63 ° 00'00" West 425.00 feet; thence South 39 ° 10'00" West 592.43 feet; thence South 0 ° 11'28" West 143.37 feet to a line 30.0 feet Northerly of the South line of said Southwest quarter of said Southeast quarter; thence South 89 ° 48'33" East 120.00 feet to the point of beginning; (continuer` Situate in the County of Spokane, State of Washington. VESTED IN: DA divided L. MOHLER, GARRY to a Page 2 Order No. 98825 -M N. HEIMBIGNERY as his separate property, as to an un- interest in and to • LYNN L. MOHLER MERIDELL' sband and wife as to a 1JflI interest in and to Lot 12; BERLAIN'and LINDA M. CHAMBERLAIN,` husband and wife, as interest in and to Lot . CECIL F. JOHNSONrand LOA J. JOHNSON,✓ husband and wife, as to a interest in and to Lot 12; T R M THOM"PSONf' and MARILYNN A. THOMPSON!' husband and wife, as to a rest in and to Lot 12; DONALD L. WOLFE;' a single person, as to a IJflUj1 interest in and to - Lot 12; JACK P. MASELLI'r subject to the community property interest of his wife, if married on April 3, 1979, the date of his acquisition of said land, as to a t1 /11ti} interest in and to Lot 12; THE KAHUNA LAND COMPANY a Washington corporation, as to the remainder of Lot 12; and ROBERT DEE RIEGEL! a married man, as to the remainder of said Land hereinafter described. EXCEPTIONS: 1. 1% excise tax, if unpaid. 2. General taxes for the year 1979, delinquent in the amount of $245.32, plus interest (Parcel No. 23534 - 0712). Affects a portion in Lot 12 of Riegel Heights Planned Unit Development General taxes for the last half of 1979, in the amount of $97.32 including Weed District Tax (Parcel No. 23534 - 9140). Affects a portion within the SW 1/4 of the SE 1/4 of said Section 23, and other property EXCEPT Lot 12. 3. There appears to have been an overpayment for the general taxes for the year 1979 in Parcel No. 23534- 9140). Liability to future assessments levied by the Riegel Heights Planned Unit Development Home Owners Association. 4. Restrictions imposed and easements reserved by the Dedication of the Plat, a copy of which is attached. 5. Restrictions imposed by Declaration of Restrictions recorded as Document No. 7806150127, a copy of which is attached. 6. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: Grantee: The Washington Water Power Company, a corporation Purpose: Electrical transmission line and telephone system, with right to place six poles and right of overhang approximately thirty feet North of the South line of said Southwest quarter of the Southeast quarter, together with right to remove brush and trees Dated: March 31, 1955 Recorded: April 22, 1955 Recording No.: 3123188 (continued) cc: Manfred & Ward -Bob Bathards dh Page 3 Order No. 98825 -M 7 MORTGAGE AND THE TERMS AND CONDITIONS THEREOF: Mortgagor: The Kahuna Land Company, a Washington corporation Mortgagee: Robert Dee Riegel, husband of Marijane T. Riegel, dealing in his sole and separate property Amount: $110,000.00 Dated: October 12, 1977 Recorded: October 12, 1977 Recording No.: 7710120472 Affects: A portion- of:.this-and 'other property 8. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: Grantee: Pacific Northwest Bell Telephone Company, a Washington corporation Purpose: Right to place, construct, operate and maintain, inspect, reconstruct, repair, replace and keep clear communication lines with ingress to and egress from, and to remove at any time, any or all of the communication lines Location: The exact location is not disclosed of record Dated: August 17, 1977 Recorded: October 20, 1977 Recording No.: 7710200059 Affects: Riegel Court 9. The effect of the failure of the owners to execute the Owner's Declaration on the face of the recorded Plat of said land. 10. The effect of consent affidavits to change the boundaries of Lot 12, executed by Lynn L. Mohler and Meridill L. Mohler, et al, recorded July 24, 1979, as Instruments No. 7907240362 and 7907240363. NOTE 1: A Special Power of Attorney recorded July 24, 1979, as Document No. 7907240355, sufficient in form to authorize a conveyance or mortgage of the herein described property, executed by Property Owners to Joseph G. Ward. NOTE 2: A Special Power of Attorney recorded July 24, 1979, as Document No. 7907240356, sufficient in form to authorize a conveyance or mort- gage of the herein described property, executed by Property Owners to Joseph G. Ward. Recordeds examined to September 4, 1979, at 8:00 A.M. TRANSAMERICA TITLE INSURA E COMPANY By: Robert Myler t UNIT 'D }3VELOPMENT Dedication to the Plat Restrictive covenants and easements referred to in Policy No. 98825 -M of the Transamerica Title Insurance Company, which are imposed by the Dedication of the Plat of RIEGEL HEIGHTS PLANNED UNIT DEVELOPMENT, as per plat thereof recorded in Volume 13 of Plats, page 79, as follows: Domestic water and an operative public sewer system acceptable to County and State Health Authorities and individual services shall be provided each lot prior to sale. No more than one detached dwelling structure shall be placed on any one lot, nor shall any lot be further subdivided for the purpose of creating additional lots or building sites without filing a replat. Known all men by these presents, that I the undersigned owner in fee simple of the property shown hereon declare this plan and dedicate the same for condominium purposes. The drives, walks, streets or alleys and lot 12 therein are not dedicated to the public generally, but are specifically dedicated to the exclusive use and benefit of the property owners as coon areas according to the declaration. This plat or any portion thereof shall be restricted by the terms of the declaration filed under Spokane County Auditor's No. 7806150127, Volume 387 of Deeds, page 1683 as recorded this 15th day of June, 1978. :16 zcl and does hereby declare and certify as follows: J'n I II 1 126 Ali '18 ¥tR'(!:v W mr! r , -L Ii °II C ,? 5PviCET1 CCU4TY.4A511., DEPUT DECLARATION OF RESTRICTIONS (Enabling Declaration Establishing a Planned Unit Development) P.O S T O•N ROBERT RIEGEL, a Washington resident, hereinafter referred to as "declarant" is the owner of that certain real property subject to this declaration, located in the County of Spokane, State of Washington, more particularly described as follows: Lots 1 through 12 of RIEGEL HEIGHTS PLANNED UNIT DEVELOP- MENT, as per map recorded in Book"1'3" p age u1 " records of Spokane County, 'Washington, RECITALS 1. Declarant is the owner of the above- described real property. 2. Declarant intends to improve the property by developing 11 lots for single family residences: Said lots are numbered 1 through 12, with lot 12 to be held as a common area, all of which is to be designed and designated substantially in accordance with plans and specifications styled RIEGEL HEIGHTS PLANNED UNIT DEVELOPMENT, hereinafter to be referred to as "the project." The single street in the project is designed as conmon area. 3. Declarant hereby establishes by this declaration a plan for the individual ownership of the real property estates consisting of the area or space contained in each of the lots and the co- ownership by the individual and separate owners thereof as tenants in common and as hereinafter set forth, of all of the remaining real property which is hereinafter defined and referred to herein as "the common areas." DECLARATION Pursuant to the foregoing, declarant does hereby make the following declaration as to division, easements, rights, liens, charges, covenants, re- strictions, limitations, conditions, and uses to which the development may be put, hereby specifying that such declaration shall constitute covenants to run with the land and shall be binding on declarant, its successors and assigns, and all subsequent owners of all of any part of the project, together with their grantees, successors, heirs, execute.' :s, administrators, devisees or assigns: 1. PLAN OF DEVELOPMENT A. Declarant, in order to establish a plan of private unit development ownership for the project, hereby covenants and agrees that it hereby divides the project into the following separate freehold estates: 1. Each of the 11 lots, each separately shown, numbered and desig- nated on the area plan, consisting of sheets, recorded in the common areas. 197 , as Instrument No. - , Official records of Spokane County, Washington, which said plan is incorporated herein by reference, and which describes legally each residential lot. In interpreting deeds, declarations and plans, the existing physical boundaries of the lots or of a lot reconstructed in substantial accordancc with the original plans thereof shall be conclusively presumed to be its boundaries, rather than the metes and bounds or other description expressed in the deed, plan or declaration, regardless of settling or lateral movement and regardless of minor variance between, boundaries shown on the plan or in the deed and declaration. 2. A freehold estate consisting of the remaining portions of the project is described and referred to herein as common area Lot 12 and the Street officially named Riegel Lane, consisting of trees and other landscaping, recreational area, walkways, green areas, driveway, patios, and other areas of common ownership as more particularly described in said recorded Lot plan, as hereinabove set forth. 3. Each lot, together with the respective undivided interests in the common areas specified and established in paragraph (5) hereof, is defined and hereinafter referred to as "lot" by number and the ownership of each Lot shall include such Lot and suc undivided interest 4. The eleven individual lots hereby established for construction of residential homes and which shall be individuall conveyed are described as lots numbered one through eleven of RIEGEL HEIGHTS PLANNED UNIT DEVELOPMENT. 5. The undivided interest in the common areas hereby established and which shall be conveyed with each respective lot is a one - eleventh interest therein and shall be known as Lot 12 hereof, and the Street named Riegel Lane. Each of the above respective undivided interests established and to -2- (continued) conveyed , ,,i lh LI e r • 'OL_; v, nil c. Cha n'ied and decl it rant, i ts su:a:sors and d:,:' 'u:, envonah !. a:,I agree the undivkind interests in the coe.aon areas and ue fee titles to the respective lots conveyed therewith shall not be separated or separately conveyed and each such undivided interest shall be deemed to be conveyed or encumbered with each respective unit even though the description in the instrument of convey- ed and each such undivided interest shall be deemed to be conveyed or encumbered with each respective unit even though the description in the instrument of conveyance or encumbrance may refer only to the fee title to the respective lot. 6. The proportionate shares of the separate owners of the respective • Lots in the profits and cocoon expenses in the common areas, as well as their proportionate representation for voting purposes in Riegel Heights Homeowners Association, a Hashington non- profit association, hereinafter called "the association ", shall he one - eleventh; i.e., 1/11 share and one vote for each lot. 7. The common areas shall remain undivided as set forth above, and no owner shall bring any action for partition it being agreed that this restriction is necessary- in order to preserve the rights of the owners with respect to the operation and management of the project. D. The Architectural Control Committee, as set forth'in the Declaration of the Dy -Laws of the association, may bargain for or offer to purchase or accept as gifts additional real property strictly limited to additions to the common areas, and thereafter present to all members of the association for acceptance by a 8O majority of the members of the association's written proposal. Such proposal shall contain all descrip- tions of the real property and all pertinent information of it's cost, use, need, and future or present plans. The proposal shall set out the properties' specific use such as plans for preen areas, swimming pool, caretakers residence, tool house, garden areas or similar common area uses. Such proposal being accepted by an EC% majority may be carried out. Such duly noted proposal shall not be unnecessarily bound by regulations "II ", "uses of Property" following. It is further understood and agreed by all members that additional use of the effluent line and drainfielo shall he automatically granted to applicants of the surrounding area. The additional use and hook -ins Y ',hall be limited to s ii, gamier ,ire! • I I, :f any, shall I'd' 01 proportionate responsi:'rlity, financially, and shall be required to perform for that service under all rules and regulations herein set forth for the care and maintenance of the effluent system in it's entirety. II. USES OF PROPERTY 1. The lots shall he occupied and used by the respective owners only as single family private d.c•l1ings for the owners, his family, tenants, and social guests, and for no other purpose. 2. If any portion of the cocron area encroaches upon the lots, a valid easement for the encroachment and for the maintenance of'same, so long as it stands, shall and does exist. In the event any structure is partially or totally destroyer and then rebuilt, the owners of lots agree that minor encroach- ments of parts of the cortr.on areas due to construction shall he permitted and that valid easements for such encroachment and the maintenance thereof shall exist. 3. No laundry, bedding, garment or thing of like nature shall he hung on any of the permises where visible to the public. If any such articles are to be hung outdoors, a dryicn yard enclosed from the view of adjacent property must be provided for such purposes. 4. No individual sewage disposal system. shall be permitted on said property unless such system is designed, located and constructed in accordance with the standards, requirements and recommendations of the State and local I public health authorities. Approval of such system as installed must first be obtained from such authorities., Provided, however, that each owner, by acceptance of the deed, grants to each other owner all necessary reciprocal rights or easements in and on property held by each such owner seuarately, or in common ownership with the other owners on Lot l2 for the construction, maintenance, and repair of all necessary septic tanks, sewer lines, and other sanitary services, and percolation therefrom, for the use and occupancy of each resident. It is herein acknowledged by each owner of one or more lots in the project that installation of a septic tank sewer unit is required under the above stated requirements, and that a common effluent disposal line for each lot and area now exists, and right -of -ways and easements for said disposal lines and canon areas within and without the project; and further, that said disposal effluent line, its connections and appurtances as installed or to he it;s t<illcd r adjus( -n, ii-placed sir p',,“H 'red shall No dad is the obligation of the Riegel li•.,nhts Homeowners Association; and said obligation includes each owner's proportionate financial support and nothing herein stated shall relieve any or all lot owners of said obligation. It is -also herein agreed that all installed septic tanks on each individual lot shall he inspected and pumped dry every three years, or a lesser time, if so noted by the association, such rate of 51, "( as herein specified, shall he deemed passed. 5. No garage, basement, out - building, shack, barn, tent, trailer, mobile home, or temporary structure placed or maintained on any lot shall at any time be used or occupied as a residence, either temporarily or permanently. 6. No trailer, boat, camper or other vehicle not customarily used for means of general transportation shall be parked on the premises for any period exceeding 4 hours within any 48 hour period as an incident to load- ing or unloading therefrom. 7. No derrick, rig, or other structure designed for use in boring, mining or drilling for oil, natural gas, or other hydrocarbon substances, or precious minerals, shall ever he erected, maintained or permitted upon said property. 8. No trade or noxious or offensive activity shall he carried on upon said property or any cart thereof, nor shall anything be done or maintained thereon which shall he or become an annoyance or nuisance to the neighborhood, 9. No stable, poultry house, pigeon loft, or rabbit but shall he constructed or maintained on any lot nor shall horses, cattle, cows, goats, sheep or other animals, fowls, or poultry, be raised or kept upon the said property; except that dogs and cats and other small house nets may he kept upon said property, provided they are not kept, bred, or raises thereon for cor:nercial purposes or in unreasonable quantities, and provided written approval of the association is first obtained. 10. The use of any building for a public boarding house, lodging house, sanitarium, hospital, asylum, or institution of any kindred nature, or anything which may become a nuisance to the neighborhood is expressly prohibited. 11. The respective lots or single family dwellings thereon shall not he rented by the owners thereof for transient or hotel purposes, which shall he defined as rental for any period less than 30 Bays, Other than the foregoing obligati , the owners of ti respective Ioi' '''ii! have alsoi111 ^. riih" so lease same, provided that U' lease is made suiiicei to the covenants, conditions, restrictions, limitations, and uses contained in this declaration and further subject to the by -laws attached hereto. III. APPROVAL OF PLANS 1. The architectural control committee shall consist of three members, also allowing one non - member. The original members and one non- member of said committee shall he as follows: Robert D. Riegel, tiarijane T. Riegel and Donald Reed, Architect. ✓ 2. A majority of the committee may. designate a representative to act for it. In the event of the death or resignation of any nerher of the committee, the remaining members shall have the full authority to designate a successor until the next general election of the association as hereinafter. provided. Neither the members of the committee nor its designated representatives shall be entitled to any compensation other than expenses for services performed pursuant to these covenants. 3. The committee's approval or disapproval as required in these covenants shall he in writing. In the event the committee or its designated representatives fail to a -prove or disapprove within 30 days after plans and specifications have been subnntted to it, approval thereof shall not be required, and the related covenants shall to deemed to have been fully complied with. 4. No building, structure, fence, wall, or any other installation shall hF erected, re- erected, reconstructed, placed, repaired, altered, repainted or redecorated on the exteriors of any lot until the plans and specifications therefor have been approved by the architectural control conmittee as to the quality of workmanship and materials, harmony of exterior designs with existing structures, and as to location with respect to topography and finished grade elevation. Said committee shall exercise complete discretion and authority as to the exterior colors and materials to he used on or applied to said buildings, structures, fences, walls, and installations, and as to front and side set - backs and building lines. 5. At such time as the powers and duties under this declaration have been transferred to the association, as hereinafter provided, the association shall have control over the architectural corriittee. The architectural committee shall serve terms of one year. The Board of Directors shall appoint new men.' to fill vacar,c ic' , '11 the orcei tea" ronci i I t re. ticu:hle, f the architectural committee C', be re- elected, 6. No signs or other advertising devise of any character shall he erected or maintained upon any part of said property, except that declarant may erect and maintain on said property such signs and other advertising devices as it may deem necessary or proper in connection with the conduct of its operations for the development, improvement, sub - division and sales of said property. IV. OCCUPANCY 1. An owner of a unit shall automatically, upon becoming the owner of same, be a member of the association and shall remain a member thereof until such time as his or her ownership ceases for any reason, at which time said member- ship in the association shall automatically cease. 2. The owners of all the units covenant and agree that the administration of the project shall be in accordance with the provisions of this declaration, the articles and by -laws of the association which are collectively attached hereto, as Exhibit A, and made a part hereof. In the event any of the matters in Exhibit A are in any Way inconsistent with any matters in this declaration, then any such matters in this declaration shall prevail. 3. Each owner, tenant or occupant of a unit shall comely with the pro- visions of this declaration, by -laws, decisions and resolutions of the association or its duly authorized representative, . ;11 as lawfully amended from time to time, and failure to comply with any such provisions, decisions, resolutions, shall be grounds for an action to recover sums due for damages or for injunctive relief, as hereinafter set forth under "additional powers of declarant and association ". 4. No owner of a unit may exempt himself from liability for his contri- bution towards the cornion expenses by waiver of the use or enjoyment of any of the common areas or by the abandonment of his 5. Except as provided in Article III, in a voluntary conveyance of a unit, the grantee of the same shall be jointly and severally liable with the grantor of all unpaid assessments by the association against the latter for his share of the common expenses up to the time of the grant or conveyance, without prejudice to the grantee's right to recover from grantor the amounts paid by grantee therefor. However, any such grantee shall be entitled to a statement from the association setting forth the amount of the unpaid assessments ,',q,: in :.; . gr', r.is. ;Imo :.rn iai ii•r, ,iinl •.;l r,; or. ',MI not. he ;cable for, nor shall the property ; ,n•.eyed Le suhiect to a lien for, any unpaid assessments made by the association against the grantor in excess of the amounts set forth in the statement, provided, however, the grantee shall he liable for any such assessment becoming due after the date of any such statement. V. A.DDITiOUAL PC'JERS OF DFCLOP.AIR Anr'• ASSOCiPTIOil 1. Declarant or the association to which any of the rights of declarant may hereafter be assigned has and shall have all necessary powers, rights, and privileges to maintain and improve said property and to act for the peace, health, comfort, safety and neneral welfare of the owners of said property, or the residents thereon, including, hut not limited to, the following: (a) To provide for fire protection and the collection and disposition of garbage, rubbish, ashes, and the like; to improve, lioht and maintain undedicated streets, roads, alleys, courts, wra.lks, pools, gateways, fences, and ornamental features now existing or hereafter to be erected or created, and to plant, maintain and care for all trees, plants, shrubs, and common area lawns. (b) To keep records of building permits and approvals or disprovals made or issued by it or the architectural control ccr.mittee and to keep hooks and records showing all charges, levies, assessments, and all dishursements made. (c) To enforce the liens, charges, assessr.ents, limitations, restrictions, conditions, and covenants and provisions of this declaration existing upon or affecting or hereby created for the benefit of all said property, over which the declarant or the association has jurisdiction and control and to which said property may be subject to the extent that declarant or the association has the legal right as herein set forth to enforce the same, and to pay all expenses incidental thereto; to bring suits at law or in equity to enforce the same or to carry out the rights and powers herein reserved or established. (d) To pay taxes and assessments which may be levied by any public authority on commonly owned property and improvements thereon, now or hereafter opened, laid out, or established on said property, where the taxes are assessed as part of the property or separately, and on any property which may be held in trust for the use and benefit of the association. (e) To keep at all times the commonly owned improvements on said property insured against loss or damage by fire, or liability, with all physical loss or extended perils endorsements, in an amount equal to the full insurable value of the imp1 ,:quits insured, ,.m' •',' ell pflnlirmi. •1 (Aber ch bdyahlU: in respect to such insurance. Isccpt as provided in Article VII, all funds which are received in respect to said insurance in the event of a partial or total destruction of or damage to any improvements on said property, shall be deposited into a fund set up for that purpose and all monies so deposited to said fund shall be used to repair, restore, or replace said improvements. (f) To exercise such powers of interpretation, control, construction, consent, decision, determination, modification, amendment, cancellation, annulment, and enforcement of covenants, reservations, restrictions, limitations, assess- ments, charges, and liens imposed upon said property as may be vested in, dele- gated to or assigned to the declarant or the association. (g) To establish, levy, and collect such charges or fees as may be necessary to carry out, pay off and otherwise meet the expenses of carryino out and per- forming any of the general and enumerated powers or duties or the purposes for which the association may be formed; to provide that all assessments, charges and fees shall be due and payable on the lst Monday of the month following the levy and fixing thereof, and shall become delincuent 6 days after the date upon which they become due and payable; to collect said charges or fees annually or oftener if deened advisable by declarant or the association from the then owners and buyers under contract of purchase of each and every portion of said property. To "collect" includes actions at law in personum against the owner of any lot who has not paid an assessment when due, or in the alternative, as s an additional remedy, the enforcement of the lien granted herein to secure the payment of such assessments. Tne association may recover any attorney's fees in collection of assessments and enforcement of any obligations under these restrictions. (h) Any labor rendered and materials or supplies used or consumed or equipment, appliances, or power furnished for the maintenance, upkeep and improvement of the property, or any funds expended for any purpose for the general welfare of the owners thereof or residents thereon, or for the community, in performing or causing to he performed any of the acts specified directly or by inference in the rights, duties and powers contained in this instrument, shall be deemed to have been rendered, furnished and supplied by the declarant or the association for the benefit and advantage of every portion of said property, and at the special instance and request of the owner or owners or buyers thereof, and declarant or the association shall have a lien upon each residence _,_;d proper' anoinst which the i.l y". " !eel, fixed, vslqhli%n d or levied, pur:,u, to any pre tion or ti; is J_i iara'.:on, shall hale beep -;c delin- quent as fully as though suet; labor had been bestowed and materials supplied or equipment or power furnisned directly to residence or residences; provided, however, that any action for such lien must he commenced in a proper court within 90 days after the claim of lien has been reported. 2. Declarant does hereby agree to maintain and keen in proper repair and operation the common areas and recreational areas, and to advance all funds necessary to pay for such maintenance, taxes and insurance on said prop- erty, subject to reimbursement to individual owners by assessments levied by the provisions of this instrument. Said maintenance, fees and assessments shall he deemed to constitute a lien upon each of the residential lots in said property in favor of declarant and declarant may take any action recognized by the laws of the State of k' for the enforcement of said lien, or in the alternative, may elect to sue in personum without enforcing such lien. The lien herein provided for shall he valid notwithstanding any other provisions contained in this declaration to the contrary. At such time as the association becomes the assignee of declarant of these declarations of restrictions, declarant may at its option, be relieved of the obligation under this paragraph, and the association shall he required to assure said obligations, except that declarant will remain responsible for unsold lots as hereinafter provided. Until such time as the association assumes obligations, declarant will guarantee said costs of maintenance, taxes and insurance, subject to the provisions contained herein. Declarant will at all times he responsible for that portion of said expenses attributable to lots owned by declarant. 3. All agreements and determinations lawfully made by the association in accordance with the voting percentages established in this declaration or in the by- laws, shall be deemed to he binding on all owners of lots, their successors and assigns. 4. So long as declarant, his successors and assigns owms one or more of the lots established and described herein, declarant, its successors and assigns, shall be subject to the provisions of this declaration and of the association and declarant covenants to take no action which would adversely effect the rights of the association with respect to assurances against latent defects in the property or other rights assigned to the association by reason of the establishment of the property or residences. On condermation o: ill or duly :it)! Li the lots, lho developmr.nt will be leiminaled and the lot, end ccnrr:on reds partitioned upon the vote of 60X of the lot owners. VI. ENFORCFIIE0T As to each residential lot owner of the property, these restrictions, conditions and covenants shall he covenants running with the land for the benefit of each and every lot in said tract, and a breach of any thereof, and a con- tinuance of any such breach, may he engoinee, abated, or otherwise restrained by appropriate proceedings by the declarant or the association, or by any such owner of a lot in said tract; provided, however, that any subsequent owner of said property, including but not limited to, purchasers at trust deed sales and foreclosures of mechanics' liens sales, shall be bound by the same restrictions, covenants and provisions of this declaration of rights obtained by foreclosure of a trustee's sale or otherwise. VII. PROTECTION OF LENDERS 1. No breach of the covenants or restrictions herein contained, nor the enforcement of any lien provided for herein, shall defeat or render invalid the lien of any mortgage or deed of trust made in nood faith and for value, but all of said covenants and restrictions shall be binding upon and effective against any owner whose title is derived through foreclosure or trustee's sales, or through a deed given in lieu of either thereof. No such owner so deriving title shall be responsible for any obligations accruing 4 time such owner acquired title. 2. Notwithstanding any other provision of the Declaration or any of the following amendments to this declaration or the by -laws approved in writing by the beneficiary under each deed of trust or under each mortgage encumbering all or any portion of any lot. (a) Any amendment which affects or of any deed of trust or mortgage. (b) Any amendment which necessitates the payment, of any mortgage or deed of trust or acceptance of a any portion of any unpaid assessment or assessments being cancelled by forfeiture, or in the arately assessed for tax purposes. hereunder prior to the the 6y- Laws, must he mortgagee purports to affect the validity or priority subsequent to foreclosure deed in lieu thereof, of accruing prior thereof. (c) Any amendment which would or could result in any mortgage or deed of trust individual residences not being sen- (d) Any amendment which mu 'd u; any way reLtriat the right of any mortgagee or beneficiary to require the application of insurance proceeds of the indebt- edness secured by such mortgage or deed of trust. 3. In the event of the default by any owner in the payment of any prom- issory note secured by such trust deed nr mortgage to this individual residence or lot upon recordation of a Notice of Default the right of such owner to vote at any regular or special meeting of the owners thereof held during such time as said default may continue, shall automatically be suspended. Upon curing such default, the right of such owner to vote shall thereupon revive. 4. Any lender upon any residence subject to these provisions may appear at meetings of the Hiegel Heights Ibn;eoo:ners Association, and meetings of the Board of Directors of said association to present objections, if violations of the covenants, conditions and restrictions have not been enforced. 5. In the event that any lender upon any property subject to these pro- visions requires a loss payable endorsement under any fire insurance policy, the insurance proceeds, in the event of a loss covered by insurance, shall apply under said loss payable endorsement, the provisions of Article V herein notwithstanding. VIII. OTHER PROVISIOi'S 1. These covenants are to run with the land and shall be binding on all parties or all persons claiming under them for a period of 30 years from the date these restrictions are recorded after which time such covenants shall be . automatically extended for a successive period of ten years, unless an instru- ment signed by a majority of the then owners of the residential lots has been recorded, agreeing to change said covenants in whole or in part. 2. Should any provision or provisions hereof be declared invalid or in conflict with any law of the jurisdiction where this project is situated, the validity of all other provisions and portions hereof shall remain uneffected and of full force and effect. 3. Deed of conveyance of property, or any part thereof, may contain the above restricted covenants, by reference to this instrument. Whether or not such reference is made in such deeds, each and all such restrictions, covenants and conditions shall be valid and binding upon the respective grantees. 4. This declaration shall not he revoked or any of the provisions herein amended except as provided in Article VII of fly-Laws of the Association, Exhibit A herein. S. A Lien on any 1 in Favor of or tho'asso:iation, as may be established hereunder, shall be junior and subordinate - only to a lien of any deed of trust which encumbers any lot in said tract prior to a lien of declarant or the association becoming of record, provided said deed of trust is made in good faith and for value. IN WITNESS WHEREOF declarant has executed the within document this 7, day of -'?; - ;' � -:-; 1977. /4' RIEGEL 'JEIG1iTS. HOMEOWNERS ASSOCIATION i;OBERT DEE RIEGEL, ,resident i- 21ARIJeI Ii: T. RIEGEL, Secretary STATE. OF i ^iASHINGTON ) ss. COUNTY OF SPOKANE • ) On the %r.. pay of June, 1973, personally appeared before me ROBERT DEE RIEGEL and I1ARIJANE RIEGEL, to sic known to be :he President and Secretary, respectively,of RIEGEL HEIGHTS h0?EOWNERS' ASSOCIATIO;, the corporation which executed the forecicing-- and acknowledged that they signed the same en buha if of the corporation as its free and voluntary act and deed for 'die uses and purposes therein mentioned, and that they are authoricd by said corporation to siyn on its behalf. - GIVEN under my hand and official seal the date last move written. / NOTARY' PUBLIC in aid for the State of Washington, residing at Spokane. 4r / : 774 r 44-4 , ./ 7 nk'.. ///iii' / rc ../74 : e t . O rd /1,r j6o .'K ' ./ *olio ,/,. 7 2 /. 1 `r a // Y 9 8: oo C. / <.pp iA -J C. 1.� 4 eA 2,66 "ra,, All Si) I • !sd 1 ' 1 / 1 /2 /1 /0 9 SO YI /3 Va /4 /S SO 0s T. I. n pi •v 41049 s Ally t o 1 // /0 8 /4 /S OA/, t 76./ 4L<fr TD/40 Ge.% / 9 B 2 / /7 . 4;fo O J C -,of61, o '-I■1 \,� /B /9 6 .r i I 20 J 2. /6 /9 20 s 4(1 \ ;1 2 I / I / ( 2/ 2 2 r 'r J 23 Zq P Ls. CI D z II 1 J � M. /S. I a ' /0 9 8 _ �• 7 6 J" 4 -3 / Z n / " e /7 /6 /y 20 2/ i L L_1 -�- -1__1_ t l L� l_5_ 7 � .-0 ti i 23 4 ik\ OEEO J /rTJ N/v 4 'r. LL�C SS d ./- /J J(J /9 20 - / OJ 6 /// __ I �� =g;G�, > r— j �_ G -.-ESC it c w moa n /.- e- 007/./f I S I I2 // /0 er 22 23 24 3013o , b. ✓ o y /3 /4 /6 /6 /7 /0 ! 9 B /9 J 4 .3 e / 20 AVE . 1 /4 /S /6 /7 /6 / 20 2/ 22 23 24 r >.r • /J ▪ — • /.y 1 I ' 1 > 6 7 G S 4 3 2 1 I1 hy cl;l I r • 4 . 12 / 4 93641327 . YJS66n 9.3.3-67.3 /tf0040, 14"- °.9699+1-9- /0/792.13 //2 0 /732.9 /2 /0 9/S LSO. /OG 06 5 ./J_ /0 6094 A 3/98 099645 /9597227 //40.9 as // 2 9 2 OS /076085 /076 /OS /242S72? //604/S OEL /.i-1B41G . :'NSAMLI:i1A TITLL INSIIIiAN`F COMPANY P:JR;Ii )70 AV.S.r:NN[ ROAD S'•KANI, WA 99706 N w ` - S ':1 dS L•.I in( net o at/ .a/C70/7 •e 1•,• . 0 1J ^: i N.:n 0?CS nu >J11y to. J .a in Il.np'. Ina sad 12' •ion !'. rll. INI by Jr IIUi turret. I. Ord 29'4-34o 'I- o ] .r• /t ./ /0 /2 /3 / 4 /4 /0 9 /6 9 B 6 / y Gentlemen: Transamerica 1. Title Insurance Services County Planning Commission N. 811 Jefferson Spokane, Washington 2. EASEMENT AND TH Grantee: Purpose: As hereinafter set forth; Dated: Recorded: Recording No.: Ran samerica Title Insurance Company North 720 Argonne Road Spokane, Washington 992 (509) 922 -2222 CERTIFICATE TO PLAT In the matter of the plat submitted for your anprdval, 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: (see page 3) VESTED IN: ROBERT DEE RIEGEL, as his separate estate. EXCEPTIONS: Order No. 82241 -M Certificate for Filing Proposed Plat of REGAL HEIGHTS PLANNED UNIT DEVELOPMENT General taxes for the last half of 1977 in the amount of $152.52, including Weed District Tax (Parcel No. 23534 -9123) E TERMS AND CONDITIONS THEREOF: The Washington Water Power Company, a corporation Electrical transmission line and telephone system, with right to place 6 poles and right of overhang approximately 30 feet North of the South line of said Southwest quarter of the Southeast quarter, together with right to remove brush and trees March 31, 1955 April 22, 1955 - 312318E (continued) • cc: Ralph E. Flagan By: Dennis Roberts Title Officer Page 2 Order No. 82241-M 3. , Right to make necessary slopes for cuts or fills upon property herein described as granted to Spokane County be deed recorded-under Recording No. 438660C. Records examined to August 30, 1977 at 8:00 A. M. TRANSAMERICA TITLE INSURANCE COMPANY" Being that portion of the Southwest Quarter of the Southeast Quarter of Section 23, Township 25 North, Range 43 E. W. M., described as follows: Beginning at the Southeast corner of (01::?'" id , Southwest Quarter of said Southeast Quarter; thence North 0 }2=8'`08'" T est along the East line of said Southwest Quarter 30.00 feet thence North 89 1'48'33" West parallel, with the South line of said Southwest Quarter c280.U0 /feet to the True . ,.,/ Piont of Beginning of this description;, thence continuing North 89 ° 48'33" West 304.10 feet; thence on -a curve concave to the left having a central angle of 18 °08'56 ", a radius of 603.00 feet, for a distance of 191.00 feet to the South line of said Southwest Quarter; thence North 89 °48'33" West along the South line of said Southwest Quarter 46.36 feet;. thence North 0 °23'09" West parallel with the West line of said Southwest Quarter 30.00'feet; thence North 89 ° 48'33" West 170.82 feet; thence North 0 °11'2150.09 feet; thence South 89 °48'33" East 200.00 feet; thence Nort 1 ° 11'28" East 716.61 feet; thence East 429.90 feet; thence South C 0 ° 26'08 st 531.51 feet; thence North 89 ° 33'52" East 133.59 feet; thence South 57 ° 41'10" West 71.20 feet; thence South 0 ° 09'26" West 299.85 feet to the True Point of Beginning of this description. All situate in the County of Spokane, State of Washington. Page 3 Order No. 82241 -M • Description Certificate to Plat II `SSo 3 e %, 53z� /0 /7 f #25.2 i I t? 7- /3n1- /IA ^1 `1911 .. 1 . 4 . 7171.1F 11.1':!r(;n Pro r , ,P.iPnNY sr'ci:: : •.'-s;*,;u 99201 vi . This Print is mare c - My !rr the purpose of assisting in tort nn, slidrrsm;ces :n4 1` :e cmmn?ny assirmr. no Y 1(;r. r' r• nnc, if any rn dimension; and location asce :tamr] by actual w• /3cC i ! X SPY ./-307 e3 1 . I 13io - 2 -e. 3/0 In �" .V 0 2 e3 r . _S�oRN ADpirioy. - `1.-+ ' ` . I 12 : 6 ' . LA 1- l I • ' rn•�Yu fir: NJ9 rafizil4asia x$444.3: sa$' i4. sr 1. .aaws �'.+K+wiUu � f `l v /30 C. 75; /3/o— 3 I '.; • FINDINGS PLANNED UNIT DEVELOPMENT (Final) PUDE -1 -76 - RIEGEL HEIGHTS ADDITION NO. 2: RIEGEL , I. SUMMARY: November 12, 1976 the Spokane County Planning Commission .ipproved the Preliminary Planned Unit Development for Riegel Heights f.ddi,ion No. 2, and required the applicant to submit a final development plan )f the proposed project to the Commission within one (1) year. The applicant' original request was for an eleven (11) lot single family residential subdivision, PE- 1058 -76, with private streets, security fencing and security gates. The only legal means by which the subdivi: ion could be established with private streets was to incorporate the subdi‘ isi on request with a Planned Unit Development proposal. The applicant's proposal is compatible with adjacent and surrounding land uses; is consistent with the Spokane Regional Comprehensive Plan and the development policies of the Comprehensive Plan and the purpose of Chapter 4.20 Planned Unit Development; has or can provide adequate provisions for circulation, sewage disposal, water and fire protection. II. MINUTES OF NOVEMBER 12, 1976 PLANNED UNIT DEVELOPMENT (Preliminary) , PUDE -1 -76 - PLANNED UNIT DEVELOPMENT FOR REIGEL HEIGHTS, ADDITION NO. 2 Planning Commission Recommendation for Preliminary Planned Unit Development: Approve PUDE - 1 - 76, Planned Unit Development for Rica el Heiahts Addition No. 2, subiect to the following conditions: (Vote was unanimous.) C. CONDITIONS: 1. The advertised property shall be developed in substantial conformance with the preliminary development plan. 2. The applicant shall within one (1) year of the date of the preliminary approval submit a final development plan of the proposed development for approval by the Planning Commission. 3. Provisions for the control and preservation of future private rights -of- way shall be made prior to the finalization of PUDE -1 -76, and shall meet the approval of the Spokane County Zoning Administrator. -10 - PLANNED UNIT DEVELOPMENT: RIEGEL HEIGHTS NC. 2 (Continued) D. REASONS: 1. The staff is of the opinion that PUDE -1 -76 and P i- 1058 -76 comply with the development policies of the Comprehens'.ve Plan, the Staff notes that the Planned Unit Development concept allows areas to be developed to single family density requirements N ith minimal impact and disturbance of natural terrain and adjoining single family residen- tial development. 2. The project satisfies the purposes of the Planned U.Iit Development Section of the Zoning Ordinance. A planned unit development has the following purposes. a. To permit flexibility in design, placement of buildings, and use of open spaces, including modification in requirements for lot frontage, building setbacks and design of circulation facilities to best use potential of sites characterized by special features of geography, topography, size or shape. b. To encourage a more creative approach in the development of land that will result in amore efficient, aesthetic, and desirable environment in harmony with that of the surrounding area, while at the same time maintaining substantially the same population density permitted in the zone in which the project is located. 3. The Staff notes that the density of the Planned Unit Development project is considerably lower than the maximum density that the Agri- cultural Zone would allow. 4. The Staff is of the opinion that the preliminary plat and PUD plan in conjunction with the stipulated conditions for neighborhood traffic circulation, public water supply including fire hydrants, sewage disposal, amply open space, recreation areas and the design require- ments of Chapter 4.20 of the Spokane County Zoning Ordinance comply with the purpose and provisions of the Planned Unit Development Section of the Spokane County Zoning Ordinance. E. STAFF ENVIRONMENTAL REVIEV : As required in WAC 197 -10 -320, the Staff of the Spokane County Planning Department reviewed the environmental checklist submitted by Mr. Robert D. Riegel for a preliminary plat and PUD. The proposal is Located approximately in the SE 1/4 of SW 1/4 of SE 1/4 of Section 23, Township 25 N., Range 43,• E.W .M., adjacent and north of 16th Avenue approximately 500 feet east of Carnahan Road. The proponent is requesting to subdivide ten acres into eleven lots to be developed for single family dwellings units, creating a gross density of 1.8 units per acre'. _ A 1t .r PLANNED UNIT DEVELOPMENT: RIEGEL HEIGHTS NO. 2 (Continued) The site is located on 10 to 20 percent sloping terrain with rock outcropping and sparse coniferous timber. The Staff review has identified three potential areas of environmental impacts. ,; First, and common to all subdivision, is the increase of motor vehicle traffic and all the effects associated therewith. These would include such Impacts as increased air pollution, specifically suspended particulates from unimproved streets, increased noise, and increased public safety hazards from traffic. A second potential environmental impact area considered was the increased demand on public services and utilities. This would include such factors as increased requirements for police and fire protection provisions of addl- %:1 tional school, park and recreational facilities, and additional maintenance requirements on all county facilities and roads. This would also include such impacts as associated with extension of utility lines (power, natural gas, telephone) and the provision of suitable long term sewerage, domestic water, storm water runoff, and solid waste disposal systems. A third potential environmental impact revealed by the Staff evaluation in- volves the subsurface injection of sewage effluent and storm water runoff. This waste water placed at a depth will percolate downward toward the Aquife rather than evaporating back into the atmosphere as under natural conditions. A portion of the contaminants will likely be filtered out of this waste water, but the resulting quality has not been determined yet. A total of approxima- tely two acre -feet sewage effluent will be disposed of annually. The conclusion of this environmental checklist review is that no significant environmental impacts will likely result from the proposal if the specified mitigating measures are adopted. Therefore, It is recommended that a Declaration of Non - Significance be issued and an evironmental impact Statement not be required. -1013- t r - 18 - t. ; /m SSA- MINUTES NOVEMBER 12, 1975 PRELIMINARY SUBDIVISION AND PLANNED UNIT DEVELOPMENT 1. PE- 1058 -76 - RIEGEL HEIGHTS ADDITION #2: RIEGEL PUDE -1 -76 - PLANNED UNIT DEVELOPMENT FOR RIEGEL HF,T(HTS ADD. 42 Planning Commission Recommendation for Nat: Approve PE-1058-76. Riegel Heights Addition 1:2. subject to the following conditions: (Vote was unanimous.) A. CONDITIONS: That the plat be designed as indicated on the preliminary plat of record and in substantial compliance with the approved PUD d:velopment plan on file with PUDE -1 -76. NOTE: Adjacent lots to the east are to be filed separately under the approved preliminary plat of riegel Heights Addition, PE- 1031 -76. That a statement be placed in the dedication to the effect that no more than one dwelling structure be placed on any one lot, nor shall any lot be further subdivided for the purposes of creating additional lots or building sites without filing a replat. That the plat provide for right of way width for streets as indicated on the preliminary plat of record. 4. That appropriate street names be indicated. • 5. That appropriate utility easements be indicated on copies of the approved preliminary plat for distribution to the Planning Department and the utility companies. Written approval of the easements by the utility company must be received prior to the submittal of the final plat. 6. That a plan for water facilities adequate for fire protection be approved by the water supplier and fire protections district. Said water plan must also have been approved by the appropriate health authorities. The h ealth authorities, water supplier (purveyor), and fire protection district will certify, prior to the filing of the final plat, on the face of said water plan that the plan is in conformance with their require- ments and will adequately satisfy their espective needs. Said water plan and certification will be drafted on a transparency suitable for reproduction. The water supplier (purveyor) will also certify prior to the filing of the final plat on a copy of said water plan that appropriate contractual so PE- 1058 -76 - RIEGEL HEIGHTS ADD 0 (Continued) arrangements have been made with the plat sponsor for construction of the water system in accordance with the approved plan, and in accordance with a time schedule. The time schedule will provide, in any case, for completion of the water system and inspection by the appropriate health authorities prior to application for building permits within the plat. The contractual arrangements will include a provision holding Spokane County and the water 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 dedication will contain a statement to the effect that the - public water system as approved by County and State Health authori- ties and the local fire district and water purveyor will be installed within this plat and the subdivider will provide for individual domes- tic water service as well as fire protection to each lot prior to sale of each lot. That a certificate of title be furnished the Planning Department prior to the filing of the final plat. 8. That the preliminary plat be given conditional approval to December 1977. 9. ' That the status of the parcel in the plat designated as Lot 12 be indicated on the final plat and in the dedication, and that the staff be allowed to work with the sponsor to determine its best use and future status. Tile following items are related to the open space: a) The sponsor shall submit the proposed form of the legal docu- ments for continued retention, development, and maintenance of all common open space land prior to the filing of the final plat; which documents shall provide, among other things, for a minimum assessment of members of a home owners' associa- tion for such open space development and maintenance. Said documents to be approved by the Planning Director prior to filing of the final plat. b) The areas shown as recreation area and /or site, etc., must -be accurately defined and given lot and block numbers. The final plat will show the future ownership status of parcels to be sold, parcels to remain public (i.e., sewer treatment site) and parcels to remain in common ownership. - 19 - PE- 1058 -76 - RIEGEL HEIGHTS ADD. ; 2 (Continued) - 20 - sr 10. That streets be improved to standards established by Spokane County or a bond to cover the cost of such improvements be furnished the County Engineer. The bond may also cover the cost of "as built" plans, engineering costs, and placing of final center line monuments. 11. That profiles of streets, cross sections, proposed grades, and drain- age plan of the plat be submitted and approved by the County Enginee and by the Planning Director before the final plat is drawn. 12. Tint a name be indicated before the final plat is filed; such name V be approved by the County Assessor and the Planning staff. 13. That conditional approval be given subject to provisions in the plat for a public sewer system. Approval of the design of said systems must be given by County and State Health authorities and the County Utilities Department prior to filing of the final plat. A suitable guar- antee will be required to cover the cost of providing said system in the amount as determined by the Public Works Eepartment. Each of lots 1 through 12 of the subject plat shall have their own individual sewage treatment facility and side -sewer each of which shall be connected to a community waste water (effluent only) col- lection piping disposal system. All portions of the individual and community systems shall be acceptable at the time of installation to the Health Officer and shall be maintained in a manner acceptable to the Health Officer. Prior to filing the final plat, the developer shall provide evidence to Health Officer that the provision of the paragraph above will be eubieved. As a minimum this will include: a. A copy of the recorded easement in favor of the PUD of a land corridor at least 10 feet wide for the entire length of the com- munity �e owned collection and disposal area. .L. The disposal area must be fenced to prevent unauthorized uses. c, A copy of the instrument creating the PUD. d. Our approval of the plans and specifications for the effluent collection and disposal system as prepared by a professional engineer, e . Our approval of the operations and maintenance procedures per- tinent to the effluent collector lines and disposal system. PE- 1058 -76 - RIEGEL HEIGHTS ADD. *2 (Continued) B. PLANNED UNIT DEVELOPMENT C. CONDITIONS: D. REASONS: - 21 - Terms of plat dedication requiring the Act owners to join, sub- scribe to and financially support the legal instrument charged with maintaining and operating the effluent collector lines and disposal system. 14. That a statement 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. PUDE -1 -76 - PLANNED UNIT DEVELOPMENT FOR REIGEL HEIGHTS ADDITION 42 1. The advertised property shall be developed in substantial conformance with the preliminary development plan. 2. The applicant shall within one (1) year of the date of the prelimin- ary approval submit a final development plan of the proposed devel- opment for approval by the Planning Commission. 3. Provisions for the control and preservation of future private rights - of -way shall be made prior to the finalization of PUDE -1 -76, and shall meet the approval of the Spokane County Zoning Administrator. 1. The' staff is of the opinion that PI/DE-1-76 and PE- 1058 -76 comply • with the development policies of the Comprehensive. Plan. The staff notes that the Planned Unit revelc.pment concept allows areas to be developed to single family density requirements with minimal impact and disturbance of natural terrain and adjoining single family resi- dential development. 2. The project satisfies the purposes of the Planned Unit Development Section of the Zoning Ordinance. A planned unit development has the following purposes. a. To permit flexibility in design, placement of buildings, and use of open spaces, including modification in requirements for lot frontage, building setbacks and design of circulation facilities to best use potential of sites characterized by special features of geography, topography, size, or shape. PE- 1058 -76 - RIEGEL HEIGHTS ADD. #2 (Continued) b. To encourage a more creative approach _in the development of land that will result in a more efficient, aesthetic, and desirable environment in harmony with that of the surrounding area, while at the same time maintaining substantially the same population density permitted in the zone in which the project is located. 3. The staff notes that the density of the Planned Unit development pr ject is considerably lower than the maximum density that the b.:ci.cultural Zone would allow. 4. The staff is of the opinion that the preliminary plat and PUD plan in conjunction with the stipulated conditions for neighborhood traffic circulation, public water supply including fire hydrants, sewage dis- posal, ample open space, recreation areas and the design require- ments of Chapter 4.20 of the Spokane County Zoning Ordinance comply with the purpose and provisions of the Planned Unit Development Section of the Spokane County Zoning Ordinance. E. STAFF ENVIRONMENTAL REVIEW: As required in WAG 197 -10 -320, the staff of the Spokane County Planning Department reviewed the environmental checklist submitted by Mr. Robert D. Riegel for a preliminary plat and PUD. The proposal is located approximately in the SE 1/4 of SW 1/4 of SE 1/4 of Section 23, Township 25 N., Range 43, E.W.M., adjacent and north of 16th Avenue approximately 500 feet east of Carnahan Road. The propo- nent is requesting to subdivide ten acres into eleven lots to be developed for single family dwelling units; creating a gross density of 1.8 units per acre. The site is located on 10 to 20 percent sloping terrain with rock outcropping and sparse coniferous timber. The staff review has identified three p area of environmental impacts. First, and common to all subdivioion, is the increase in motor vehicle traffic and all the effects associated therewith. These would include such.impacts as increased air p'!iution, specifically suspended particulates from unimproved streets, increased noise, and increased public safety hazards from traffic. A second potential environmental impact area considered was the increased demand on public services and utilities. This would include such factors as increased requirements for police and fire protection provision of addi- tional school, park, and recreational facilities, and additional mainten- ance requirements on all county facilities and roads. This would also include such impacts as associated with extension of utility lines (power, natural gas, telephone) and the provision of suitable lont term sewerage, • domestic water, storm water runoff, and solid waste disposal systems. -22 - PE- 1058 -76 - RIEGEL HEIGHTS ADE #2 (Continued) A third potential environmental impact revealed by the siaff evaluation in- volves the subsurface injection of sewage effluent and E torm water runoff. This waste water placed at a depth will percolate downward toward the aquifer rather than evaporating back into the atmosphere as under natural conditions. A portion of the contaminants will likely be filtered out of this waste water, but the resulting quality has not been determined yet. A total of approximately two acre,- feet sewage effluent will be disposed of annually. The conclusion of this environmental checklist review is that no signifi- cant environmental impacts will likely result from the proposal if the speci- fied mitigating measures are adopted, Therefore, it is recommended that a Declaration of Non - Significance be issued and an environmental impact statement not be required. F. GENERAL DATA: 1. Location: Section 23, Township 25 N., Range 43, E.W.M. Beg. at SE corn. of SW 1/4 of SE 1/4; th N 0 °28'08'W along the E In of sd SW 1/4 30 ft; th N89 °48'33 "W W 280 ft to true POB; th cont. /489°48 304.10 ft.; th on a curve concave to left having a central angle of 18 °08'56' a radius of 603 ft, for a dist. of 191 ft to S In of said SW 1/4; th N89,48'33" W alg S In of sd SW1 /4 46.36 ft; th N0 °23'09 "W 30 ft; th N89 °48'33'W 170.82 ft.; _ th N 0 °11'28 "E 150.09 ft; th S89o4.8'33' E 200 ft.; th N0 °11'28" E 716.61 ft.' th E 429.90 ft.; th S0'26•08 "E 531.51 ft.; th N89 °33'52 "E 133.59 ft; th S 57 °41'10'W 71.20 ft.; th S0 °09' 299.85 ft to true POB. 2. Sponsor: 3. Land Surveyor: 4. Site Size: 5. N'. nber of Lots: 6. Land use proposed 7. Existing Zoning: 8. Proposed Zoning: 9. Water Source: 10. School District: by Robert-D. Riegel S. 911 Houk Spokane, WA 99216 Ralph E. Flagan 10606 College Circle Spokane, WA 99218 10 acres 11 lots sponsor: Single family residences Agricultural, established April 11, 1959 No change. The property will be developed in accordance with the provisions of a Planned Unit Development, Chapter 4.20 of Zoning Ordinance Washington Water Power Company Spokane School District No. 81 - 23 - I, GENERAL INFORMATION APPLICANT: REQUESTED ACTION: ZONING: III BACKGROUND /ANALYSIS STAFF REPORT DATE: August 17, 1979 V (' (Ai V 85 0JC / TO: PLANNING COMMISSION �' �^ 7 . FROM: Planning Department Staff SUBJECT: PUDE -1 -76 and PE- 1058 -76 - Planned Unit Development; Change of Conditions. Riegel Heights Homeowners Association c/o Robert D. Riegel South 911 Houk'Road Spokane, WA 99216 A change of conditions to delete a portion of a lot from Riegel Heights Addition No. 2 and incorporating a new parcel. PROJECT LOCATION: Generally located north of 16th Avenue, approximately 300 feet east of Carnahan Road. II SITE PLAN INFORMATION TOTAL PROJECT SIZE: Approximately 10 Acres. PROPOSED USE: P.U.D. - Single Family Dwellings. LAND USE: Site - Single Family Residential North - Undeveloped East - Undeveloped West - Single Family Residential South - Single Family Residential Site - Agricultural North - Agricultural Suburban (1967) East - Single Family Residential (1977) and Agricultural Suburban (1967) West - Agricultural (1959) South - Agricultural Suburban (1967) PUDE -1 -76 and PE- 1058 -76 received final approval by the Board of County Commissioners on December 8, 1977, for a 12 lot subdivision: 11 lots as single family dwelling use and 1 lot as open space use. The requested action at this time is to delete a portion of the open space lot from the approved PUD and Plat and incorporate a new parcel for open space purposes. Area "A" to be deleted from Parcel 12 totals 1.77 acres Area "B" to be incorporated into the plat totals 1.74 acres. PUDE -1 -76 and PE- 1058 -76 (contd.) IV AGENCIES CONSULTED /COMMENTS RECETVED a) COUNTY FIRE MARSHAL 1. No domment received. b) COUNTY ENGINEER 1. No comment received. c) COUNTY UTILITIES 1. No comment received. d) COUNTY HEALTH DISTRICT 1. No comment received. e) SEPA 1. Staff has processed the appropriate Environmental Checklist and recommends that a Final Declaration of Non — Significance be issued. f) OTHER STANDARD CONDITIONS 1) All conditions approved as a part of PE- 1058 -76 are incorporated in this approval. —2— bp SPOKANE COUNT, COUNI TOUS Charyl Thomas Kahuna Land Company South 813 Pines Spokane, Washington 99206 Dear Ms. Thomas: I hope this is the information you needed. al la ': 'C ID ' j r:r OPFICI Og COUNTY ENGINEER ROBERT S. TURNER COUNTY ENGINEER Sa t.baw p: ,«asnI11N(nON 1)19.1) March 6, 1978 RE: Flood Hazard Zone I have reviewed the location of the Riegel Heights Plan Unit Development and checked it on the Flood Hazard Boundary map dated 6- 28 -77. This devel- opment is not located in a flood hazard zone. Very truly yours, Robert S. Turner, P.E. Spokane County Engineer erome J. Nicholls, P.E. Bridge Engineer Dear Sir: One of the requirements set forth by the Spokane County Planning Commission ' in connection with the above titled plat involves the filing with this office of a Street Improvement Bond. A preliminary inspection of the plat has been made by this office and the amount of the Street Improvement Bond found to be as follows: Grading Surfacing Drainage Other / IV8'L! > C: 5�� AMOUNT OF STREET IMPROVEMENT BOND Subdivison Name: #/OSc %p/ 44- By A Street Improvement Bond in the above amount must be filed with this office prior to approval of the final plat. The bond will be released only upon satisfactory completion of the required street improvement. Please contact this office when work on the improvement is ready for inspection, or if you desire additional information or advice concerning the work. Yours very truly, Robert S. Turner, P.E. Spokane County Engineer F/ 7- 7 7 P s (. ,ec C otte /W 7-e-42 ni £7 Co /Ai le etc 7 7 r % 4/1442 eidLe A AA Aim , (� v 5. 7173 4 44 4. 2-7 2.4 56 3 50.000 0 10328.998 Y 10459.710 X 279 59 23.0 I 50.000 0 - 244.337 L - 64.235 C 41.962. Z - 6108.428155 A 3. 52 35 41 B 50.000 D 10298.626 Y 10419.992 X 3. 52 35 41 B 20.000 0 10286.477 Y 10404.105 X 49 59 39.0 20.000 0 17.451 L 16.902 C 9.324 Z 174.5125630 A 2. 77 24 40 B 20.000 0. 10282.118 Y. 10423.624 X 3. 12 35 20 B 48.600 0 10234.686 Y 10413.032 X 2. 77 24 40 B 525.000 0 10120.260 Y 10925.410 X, 12 23 52.0 I. 525.000 0. - 113.600 L - 113.379 C - 57.022 Z - 29920.15013 A 4. 69 43 32 B 525.000 D 10122.011 Y 10400.413 X 3.. 00 1 1 ' 28 B 103.850 D 10018.162 Y 10400.067 X 4. 89 49 32 U 20.000 D 10018.229 Y 10390.067 X 87 40 17.0 I 20.000 0 30.603 L 27.703 C. 19.203 Z 306.030379 A 2. 02 08 15 B 20.000 0 9999.243 Y 10330.613 X 2. 02 08 15 B 603.000, D 9395.662 Y 10403.303 X 15 49 14.0 I' 603.000 0 - 166.500 L - 165.972 C - 83.793 Z - 50200.001 A 4. 17 57 29 B 603.000 0 9969.235 10217.386 X 4. 89 48 33 B 46.360 D 9969.440 'Y 10171.026 X 4. 00 23 09 30.000 9999.439 Y 10170.824 X 4. 89 48 33 B 170.920 0 10000.008 Y 10000.005 X 3. 32 43 57 .010 10000.000 10000.000 B D Y X 10000.000 Y 10000.000 X 1. 00 11 28 3 150.090 D 10150.0.69 Y 10000.500 X 2. 69 45 33 B 200.000 0 10149.423 Y 10200.499 X 1. 00 11 28 B 716.610 D 10866.029 Y 10202.869 X 2. 90 00 00 B 429.900 0 10666.029 Y 10632.789 X 2. 00 26 03 B 531.510 D 10334.534 Y 10636.630 .X 1. 89 33 52 B 133.590 D 10335.549 Y 10770.416 X 3. 57 41 10 B 71.200 0 10297.489 Y 10710.242 X 3. 00 09 26 B. 299.850 0 9997.64 Y 10709.420 X 4. 39 48 33 B 239.420 0 9998.438 Y 10470.00 X 1. 00 11 27 20.000 10013.43 10470.068 B D Y X 90 00 01.0 20.000 D 31.416 L 28.284 C 20.000 Z 314.1602349 A 4. 69 48 32 B 20.000 0 10018.504 Y 10450.068 X 1. 00 11 28 103.340 10121.84 10450.412 B D 2. 89 48 32 B 475.000 0 10120.259 Y 10925.410 X 12 23 52.0 I 475.000 0 102.781 L 102.561 C 51.592 Z 24410.59912 A 4, 77 24 40 3 475.000 0 10223.787 Y 10461.629 X 1. 12 35 20 B 48.600 0 10271.219 Y 10472.422 •- X 2. 77 24 40 B 20.000 0 10266.860 Y 10491.941 X 49 59 44.0 I 20.000 0 17.451 L 16.903 C 9.325 Z 174.51741 A 4. 27 24 56 B 20.000 0, 10284.614 Y 10482.732 X 1.HCO 142.77c:C 147.3692 144 C.47E2 144 .4792 T 33.10Cg I.UtiCu 602,6f73 4.44 411 63.06CC T 63.0000 :7 4:5.00J 735.E333 444 751.32:2 it4 757.3211 T 0.11PI :.NCCi 531'. 4603 444 :5.26 4" 757.7776 T E9 4E:: 4.00JC ¥ :73.E40 r57 . 77:7 4E1.6E41 tH 461.ES-11 T 2.06.? 2.00 I 177.670C 376.51?& 444 5E5.4531 fit ft! 3E7.03 7E t 547.E11.1 444 -5C7.4063 444 2E.C: -507.40E7 4dieff 179.6200 524.2721 it4 4E7.571 444 4E7.5710 7 El .:342 7.0000 Z30.2HC 343.3361 •4i 3:1.1519 144 C'.111E 149.0192 444 320.5�E 4.44 3212 T C.53 69.4E77 4.ftC0 20.0C30 1,11, 4.4 4 1 ::..502S 1 1 TRAVERSE ANALYSIS OF RIEGEL HEIGHTS PUn SURVEYOR: ;RALPH FLAGAN • E10606 COLLEGE CIR SPOKANE WASH 99218 326 -0391 CHECKED BY: SPOKANE COUNTY ENt1Q DATE: 09/07/77 - - -- I ATTTIITFC - - - -� BLCK LOT BEARING DISTANCE N O R T H S 0 U T H PLAT BDRY PLAT BURY PLAT BDRY - CURVE: DELTA PLAT BDRY PLOT BURY PLAT BURY PLAT BURY PLAT BURY PLOT BDRY PLAT BURY PLAT BDRY PLAT BURY PLAT BURY PLAT BDRY N 89 48 33W 304.110 1.013 S 0 11 27W 603.000 602.997 N 17 57 29W 603.000 573.623 • 18 8 56RADIUS = 503.0_00 LENGTH = 1910.0_ N 89 48 33W 46.350 0.154 N 0 23 9W N 89 48 33W N 0 11 28E S 89 48 33E N 0 11 28F N 90 0 OE S 0 26 BE N 89 33 52E S 57 41 lOW S 0 9 26W 1 SL N 0 11 28E 1 SL S 89 48 33E 1 SL N 0 11 28E 1 SL N 90 0 OE 1 SL S 0 25 8E I SL N 89 33 525 1 SL S 57 41 lOW 1 SL S 0 9 26W 1 SL N 89 48 33W 1 SL N 0 11 27E 1 SL N 39 48 32W 30.000 29.999 170 820 0.569 150.090 150.069 200.000 716.610 716.606 429.900 0.000 531.510 131-590 71.200 299.850 150.090 150.089 200.000 716.610 716.606 429.900 0.000 531.510 133.590 1.016 71.200 299.850 239 420 0.797 20.000 20.000 20.000 0.067 0.656 531.495 38.060 299.849 1473.070 1473.067 770.416 770.411 AREA = 435615. SO FT ( 10.00 ACRES) 0.666 531.495 38.060 299.849 +CURVE: DELTA = 90 0 1 RADIUS = ?0._000 IFNGTH = 1 SL N 0 11 28E 103.340 103.339 1 SL S 89 49 32E 475.000 1 SL N 77 24 40W 475.000 103.528 +CURVE: DELTA = 12 23 52 RADIUS = 475.000 LENGTH = 102.781 1 SL N 12 35 20E 48.600 47.432 1 eL S 77 24 40E 2.0..00n 4..359 1 ' SL N 27 24 56W 20.000 17.754 +CURVE:.DELTA = 49 59'44 RADIUS = 20.000 LENGTH = 17.452 1 SL N 27 24 56W 50.000 44.385 1 SL S 52 35 41W 50.000 30.372 - CURVE: DELTA = 279 59 23 RADIUS = 50.000 LENGTH = 244.337 1 S L_S_52 15_11W 2.0..0.00 1.2..1 1 SL S 77 24 .20.000 4.359 +CURVE: DELTA = 49 59.39 RADIUS = 20.000 LENGTH = 17.451 1 SL S 12 35 20W 48.600 47.432 ( - -- nFP ^RTIIPPG - - - -I E A S T W E S T 304.108 2.008 185.917 5 TANGEtLT = 96.309 46.350 0.202 T'0 R19 0.501 199.999 7_agn 429.900 4.040 7 �a 986 0.501... 199.999 2.390 429.900 4.040 I3a_SRA 0.067 60.173 0.823 60.173 0.823 239.419 20.000 31.4 TANGENT = 0.345 1.584 474.997 463. 511 TANGENT = 51.592 10.593 19.5_L9 7 0. . _0 0 0 9.209 TANGENT = 9.325 Pa n72 39.718 TANGENT = - 41.953 1 5,137 19.519 TANGENT = 9.325 10.593 1 SL S 77 24 40E 525.000 114.426 512.378 1 SL N 89 48 32W 525.000 1.751 524.997 . - CURVE: DFLLA_a_12_2.3_52 RADIUS = 525._0.00 - LENGTH = 113..601 - TANGENT = 5 2.023 1 SL S 0 11 28W 103.850 103.849 0.346 1 SL N 89 48 32Wi 20.000 0.067 20.000 1 Si S 7 A 15F 70 _000 19.986 0.746 +CURVE: DELTA = 87 40 17 RADIUS = 20.000 LENGTH = 30.603 TANGENT = 19.203 1 SL S 2 8 15E 603.000 602.580 22.491 1 SL_..N_12_57 23W 503 00.0 573..6.23 1 .85..41.7 - CURVE: DELTA = 15 49 14 RADIUS = 503.000 LENGTH = 166.501 TANGENT = 83.783 1 SL .N 59 48 33W 46.360 0.154 46.360 1 CI N n 71 on 1n nnn 7o ago n_2n7 1 SL N 89 45 33W 170.820 0.569 170.819 1 1 .. -M_.8 9...b8_.33 W 239 420 n.._7_ 7 233._419 1 1 - N 0 11 27E 20.000 20.000 0.067 1 1 N 89 48 32W 20.000 0.067 20:000 +ruRVE_DELIA = 90 0 1 RADI.U_S = 20 000 LENGTH = 31.616 LANGFNT = 2.0,.90 1 1 S 89 48 33E 159.400 0.531 159.399 1 1 N 0 9 26E 184.140 154.139 0.505 1 1 S 81 40 42E 1 01.020 14.6.21 99•956 1 1 .S 0 9 26W 189.850 189.849 0.521 1 2 N 0 11 28E 90.000 1 2 S 89 48 33E 159.350 1 2 S 0 9 26W 90.000 1 2 N 89 48 33W 159.400 1.8.1.1..1.7.6 1.8.1.1_.16.8_1811.071 1831..065 AREA = 413266. SQ FT l 4.49 ACRES) 70 705.001 25 759_94n AREA = 22801. SO FT ( 0.52 ACRES) 89.999 0.300 0.531 159.349 90.000 0.247 0_531 15o 190 90.530 90.530 159.649 159.646 AFc4 = 1 4144 Cn FT 1 n 11 API 1 3 N .0 11 28E 13.340, 13 -.349 0.044 1 1 ' S 89 45 17F 475 000 1 554 474 997 1 3 N 77 24 41W 475.000 103.526 463.581 +CURVE: DELTA = 12 23 51 RADIUS = 475.000 LENGTH = 102.779 TANGENT = 51.591 1 3 S 81 40 47F 1 49 730 21.671 148.154 1 3 S 0 9 26W 94.140 94.140 0.258 1 3 N 89 49 33W 159.350 0.531 159.349 117.397 117.395 623.195 623.188 AREA = 16429. SO FT'( 0.38 ACRES) 1 4 N 12 35 20E 48.600 47.432 10.593 1 4 S 77 24 40E 20.000 4.359 19.519 1 4_N_27 2_4._5.6.W 2.0.._000 11.252+ Q -209 +CURVE: DELTA = 49 59 44 RADIUS = .20.000 LENGTH = 17.452 TANGENT = 9.325 1 4 N 27 24 56W 50.000 44.385 23.022 1 4 S 82 49 59E 50.000 6.238 49.609 - CURVE: DELTA = 55 25 3 RADIUS = 50.000 1 4 S 32 49 59E 202.510 1 4_S 0 9 2.6W 110. 03.0 1 4 N 81 40 42W 250.750 36.291 1 1 1 = CURVE: 1 1 1 1 5 N 82 49 59W 202.510 5 N 32 49 59W 50.000 5 N 40 44 32E 50.030 DELTA = 56 25 29 RADIUS = 5 N 40 44 32E 219.080 5 S 0 26 BE 198.330 5 N 89 33 52E 133 590 5 S 57 41 IOW 71.200 145.861 AREA 25.265 6.238 37.883 50.000 LENGTH 165.987 1.016 1 6 N 28 5 "8W 177.0 156.852 1 6 S 89 48 33E 273.640 1 6 S 40 44 32W 219.080 1 6 S 40 44 32W 50.000 1 6 N 16 34 7W 50.000 47.924 - CURVE: DELTA = 57 18 39 RADIUS = 50.003 LENGTH 1 7 N 0 11 28E 70.000 1 7 N 38 12 49E 230.230 1 7 S 28 5 18E 178.820 1 7 S 39 38 35E 50.000 1 7 S 52 35 41W 50.000 - rURVF: DEL7� = 87 4,5 44 RADI.U.S = 50.000 LFNGIH 1 7 S 52 35 41W 20.000 1' 7 S 77 24 40E 20.000 +r nriT4 = r9 co 19 RPOIU_S = 1 7 S 12 35 20W 8.720 1 7 N 89 48 33W 220.800 LENGTH = 48.361 TANGENT = 26.260 25.265 200.928 1.10..00.0 0..302 248.110 145.862 24620. 32.633 49.,210 TANG NS = 26 142.984 198.324 1.508 133.586 38.060 71A 1RR 711. 185 110 711 110 711 AREA = 22334. S0 FT ( 0.51 ACRES) 0.911 165.987 37.883 = 50.013 204.776 204.781 273.638 273.644 AREA = 25833. SO FT ( 0.59 ACRES) 70.000 180.894 20.000 LENGTH 0.735 157.735 38.502 30.372 = 76.58_ 12.149 4.359 19.519 = GENT 8.510 251.629 251.627 278.312 278.304 AREA = 36379. SO FT ( 0.84 ACRES) 1 8 N 0 11 28E 90.000 39.999 1 8 S 89 48 33E 220.800 1 8 512 35 20W 39.830 8.692 1 8 S 77 24 40E 525.000 512.378 1 8 4 83 3 43W 525.030 53.435 521.157 -rUgv. ,L ELTA 5 _39 8 RADIUS = 525.000_ __LENGTH = 51.1_TA. 91 NGENT = 25,917 1 8 N 89 48 33W 203.630 0.678 203.629 0.735 38.921 114.426 280.649 280.643 SO FT ( 0.57 ACRES) 273.638 TANGENT = 0.233 142.419 84.240 31.900 0.300 220.799 200.928 49.609 60.173 39.718 7 TANGENT = 48._084 15.897 142.984 12.611 14.258 27.324 9.325 1.901 220.799 154.081 154.081 711.477 711.47R 83.239 AREA = 19025. SO FT ( 0.44 ACRES) 1 9 N n 11 2R1= 90 nnn Rq 999 n 100 1 9 S 89 4B 33E 203.630 0.678 203.629 1 9 S 83 3 48E 525.000 63.405 521.157 1 9 N R9 An 121A 575 nnn 1 751 52t Q37 - CURVE: DELTA = 6 44 44 RADIUS = 525.000 LENGTH = 61.809 TANGENT = 30.940 1 9 S, 0 11 28W 28.330 28.330 0.094,• 1 , '9 N 39 4R 3_144_____2.0_0....00.0 0.666 1 9.9._939 92.417 92.414 725.086 725.090 0.R_E 4 = 18074. SQ FT ( 0.h1 ACRES. 1 10 N 0 11 28E 70.000 70.000 0.233 1 10 $ 99 49 33,E 200 non n..6.5.6 192..399 1 10 'S 0 11 28W 75.520 75.520, 0.252 1 10 S 83 52 7W 176.070 ` 18.006 175.063 1 - 10 N 44 55 1 15 'on 9i 9Rn 24 9 94.986 94.992 200.232 200.236 APRA = 10.' +4 cn FT 1 n Aq APpFc1 1 11 N 0 11 28E 150.090 150.089 0.501 1 11 S 39 4R 11E 200 -,nnn 0...6,60 122. 1 11 S 0 11 28W 125.090 125.099 0.417 1 11 S 44 55 31E 35.290 - 24.986 24.921 1 11 V 83 52 7E. 176.070 18 306 175 -063 1 11 N 89 48 32W 20.000 0.067 20.000 1 11 S 2 8 15E 20.000 19.986 0.746 +CURVE: DELTA = 87 40 17 RADIUS = 20.000 LENGTH = 30.603 TANGENT = 19.203 1 11 S 2 3 15EE 603.000:. ......:.. ..,602.580, , 22.491 • 1 .11- N 17 57 29W 603.'000 573.623 185,.917 - CURVE: DELTA = 15 49 14 RADIUS = 503.000 LENGTH = 166.501 TANGENT = 83.783 1 11 N 89 48 33W 46.350 0.154 .46.360 1 11 N 0 23 9W 30.000 29.999 0.202 1 1) N 39 48 33_4 12.0 0..5.69 1.7.0_.319 773.308 773.308 423.720 423.715 ARFA = 1577n sn rT 1 n R1 Arpcq) 718.845 718.841 532.200 532.198 AREA = 161235. SO FT ( 3.70 ACRES) 1 12 N 0 11 28E 521.700 521.697 1.740 1 17 v qn n nE 470 onn n nnn A79 onn 1 12 S 0 25 3E 333.180 333.170 2.533 1 12 N 39 48 33W 273.640 0.911 273.638 1 12 5 23_._5_13E 177.82.0 15.6...857 R3.._7.69 1: 12 S 1.6 34 7E 50.000 47.924 14.258 1 12 N 39 38 35W 50:000 38.502 31.900 - CURVE: DELTA = 23 4 28 RADIUS = 50.000 1FNGTH = '20.136 TANGENT = 10.201; 1 12 N 28 6 18W 178.820 157.735 84.240 1 12 S 38 12 49W 230.230 180.894 142.419 LOT AREA STATISTICS FOR: RIEGEL HEIG.ITC Piro T BLOCK 1 AREA = 413266. SO FT ( 9.49 ACRES) ACCUM AREA = 413268. SO F T ( 9.49 4r F ) DIFFERENCE = 2. S0 FT GROSS D_ENS_ITY1_LOTS /_ACRP NET DENSITY: 1 LOTS /4CRE LARGEST LOT: 161235. SO FT SMALLEST LOT: 14344. `Q FT AVERAGE LOT: 34439. SO FT # OF LOTS: 12 • DED/C A7 7 ON KNOW ALL MEN BY THESE PRESENTS, that ROBERT 0.filEGEL as his separate property hos caused to be platted into Lots,Block and Street, the land shown nereon to be known as RIEGEL HE/GHTS PLANNED UNIT DEVELOPMENT and being more particularly described as follows: Being that portion of the Southwest Quarter of the Southeast Quarter of Section 23, Township25 North, Range43 East WM described as follows; Beginning ot the southeast corner of said Southwest Quarter of said Southeast Quarter; thence NorthO°26 along the east line of said Southwest Quarter 3000 feet; thence North89°48 porolle/ with the south fine of f ? via' Southwest Quarter 28000 feet to the True Point of Beginning of this description; thence continuing North89°48:53' 304/0 feet; thence on o curve concave to the /eft having central angle of /8°08 c radius of 603.00 feet, for o distance of /9/00 feet to the south line of soil Southwest Quarter; Mena North 89 along the south line of said Southwest Quarter 4636 feet; • thence NorthO°23 parolle/ with the west line of said Southwest Quarter 30.00feet; thence North89°48 /7082 feet; thence North 0°// /50.09 feet; thence South69°48 20000 feet; thence North0°// 7/6.6/ feet; thence East 429.90 feet; thence SouthO°2608 53/.5/ feet; thence /Vorth89°33 /3359 feet; thence South57°41/0"West 7120 feet; thence SouthO°0926 299.65 feet to the True Point of Beginning of this description. A',` situated fri Spokane County, Washington. Domestic water and an operative public sewer system acceptable to County and State Health Authorities and Individual services shall be provided each lot prior to sale. No more than one detached dwelling structure shall be-placed on any one /0/, nor shall any lot be further subdivided for the purpose of creating additional' lots or building sites without fi/ing o rep/at. Utdify easements and Rigel Court as shown hereon are hereby dedicated for utility purposes. • - KNOW ALL MEN BY THESE PRESENTS, r iba Hie undersigned owner m fee simple of the property shown hereon declare this pion and dedicate the same for condominium purposes. The drives, walks, streets or 'alleys and Lot /2 there/ i are not deo:toted to the public generally but are specifically dedicoted to the exclusive use and benefit of the property owners as common areas occording to the dee/oration. This plat or any _portion thereof slzall be restricted by the terms of the declaration filed under Spokane County 'Audito( 's Receiving No Volume -_ of Deeds,Poge as recorded this day of 4977 ACKNOWLE GEMENT STATE OF WASilINGTON ) ss COUNTY • OF SPOKANE ) • SUR ORS CERT/FICATE 1, RALPH E. FLAGAN, a Registered Land rue copy of officio/ records and survey made corners and monuments have been set. APPROVALS • Examined and Approved this L da of Examined and. Approved this ■ aoloineo' and Approved /hi • - • Examined and Approved this day of day •f * /97_1. Examined and Apprcved of__L -etee‘i,..'re/g1 I hereby certify that the reohred foxes rn fie klattva 1and have 1k.ef.#7 fully pale this .E.Ly cf ge • 1571. . • Robert D. Riegel • On this bfeelieeec--,1977,-before Me persona/ peared Robert D. Riegel to me know' to be the individual thc# executed the wiThin and forgoing 'instrument and acknowledged said instrument to be the free and voluntary act GNI deed of said individual for the uses and purposes therein mentioned and states under oath that he was authorized to execute said instrument. IN WITNESS WHEREOF, / have hereunto set my hand agd affixed my officio/ seal the day and yeor first above Written. Notary Public in and torthe State of . residing at Surveyor, do hereby certify that this plot represents a under •my supervision in October, /976, and that lot RALPH E FLAGAN Registered Land Surveyor g e l :54L&` e?) S okone Co. Assessor day cern Spa one Co. Health Officer "'awl ••• . 96/ Spokane Co. F;an g mmissicn Cho/ by Planning firecter Chair Board Ccuety CemmissionerS •, zr) „ Wutatlis4.444k1,11.aull,W- R/EGEL HE/G'/ , lee 2.7 Spokane Cc. Treasere Pepety • • • . • • • • • t, • • . • • • • • • • .• • • • • • • • • . • F/NAL PLAT Being a subdivision of a SPOKANE COUNTY, WA Center Section Eboasa Mgr?, Per cou. Record s iM . 29418' 'owed o 0.7 PLA Unplotted 495_Q' 6 N 8,9 '33' /3/3.6/' fer Reco / 5 Unplatted ""`"*N89 11 200.00' o „ // tr) = /70.82' WW1 -...1211■7go 0 1t UNIT DEVELOPME T portion of SW//4 SE//4 Section 23, Township 25 North, Range 43 East W.M., SH/NGTON. SCALE l N 8 9° 54'/6" W 13/2.44' 0 429.90' ;■/ t■ • N = ,••• „,/, = -,.4) • , 9•'0 a 7 8 5°39419" N89 2 N89 33%120000' Boos 56 A/03.0 R° 91,0 £' 4 19°59 N89 22080' /0 . ts% 103 0 52 '07"E 176 /66. at* N89°48 th 0 tp \ itc;\ 202.2 24 24. C. o • •t•Q \ • \\ 1 1 4 9 \ frf ; 1 N \ \\\ \\\ ( - 31 6' i t R20' 4170i o N MI) ( 1) '■ 9 '6°44W" 28331'72c 'co I R1 a l . 7 20 L30.60' p T 19,20 I - 6, 6; $ 4. 1 6 4 . 9 ( e . 1 ./ 11 1,31 83 14 ..... 4 : 1 ;5 Va ; ;. ,496 as fie 2 ' 273. 64' ‘, 0 4 5°25'3" A 56°25:9; cj 2°49 it ' eozil ;79°33152"E " /33. 00 Ars' 48.60'\\ \\e, .77.93 0 _ /2 52 3 I I \I 3 /..34' 89'4833 I * /59.35' 1:01 " 0 T es, 2 \ .._..... ...,,..........."`"P'-' 1 ,,, .'S/ ....----- . ■ li e .. 1 r LA 87 t ot , "2. A 90°00 0/" L OfX0 7 20 Droinfie/d .Easement s ? " N c Unp/atted -C4 1\1 : 0 i'",ei• co v . t s 1 • / \ 2 g • /24.99' N69°48:33' rio 239.42' A/89°4833 „, W 3 04/0 N80.48`33"W 564.74' Al/ENU,E 1 fl _ v 3o .0 14 **.P37 2.44` _ '53,44 - - N 7' 5 t 30 /313.61' Poi d • (t, t 90 • 't::•": . • A argIS 1441*, County Rec.oris eee o = Pipes or P/ found or set 0 Monuments set \ -\ch) • • , • i do 11■,1106.■3,11,1o, ..? • .....uly171,,,4,7•1,,Iiidill.ilL•Ittili,,,,,,i11,041.144,6114141haiLiJII1,11016k111,1111114.21LiOWW11,1.7,?J;uli41:1:11,V11161/4111A1171111,,,i' •111011.1,:li•li,•11,61L1■1■Al 1,1,i:110 11 ■11,111,11,10111,1■11141,1Y_•• ■ou .• , li•44■.11,117J as a r® . 4) r.i q z s -14 llS•cse w4 s' a..' br s 7 D /> — — — — _ 2, _. o fi f3 °'$'4:4-e..44•,` . - 4.�� ` -Fu's ''�O f O . _ -r-±'_ •^°�' � a s . O ..,...i. G... O o . \ ate " W �.` t 3 , , ' 4 ` � - O Q . _._,_ _ _ : .....� r / ' 1 L rr 1 ti 7 0 0 I° 0 I .0 i -: RNER xla '"X�"e;; vitr11dt.YKX IldUIdh".'1 „m un aw.N, a1.1 i, d I d / '111 ' 1' � p' i 21,0'73 %AI. f u "'d wIIN „',”' ?ri' Y "�IRIMiI'Y @1 "i! ✓lI - �f/hf/t nl,'+ril 144 1u., 1d' A ^1fl'l,' DED /CAS /oN KNOW ALL MEN BY THESE PRESENTS that Lynn L. Mohler and Meridell L. Mohler, Garry D. Chamberlain and Linda M Chamberlain, Robert W O'Brien and Maureen A. O'Brien, - Cecil F Johnson and Loa J Johnson, Robert D. Riegel, Terry M. Thompson and Marilynn A. Thompson, Donald L. Wolfe, Jack Moselli and Lynda Mosel /i and The Kahan° Lond Company, : Dory / Heirnbigner, with Joseph G. Word os Attorney-in-fact and Agent, have rep/atted Lot /2 RIEGEL HEIGHTS PLANNED UN/T DEVELOPMENT and a port/on of the Southwest Quarter of the Southeast Quarter of Section 23, Township 25 North, Range 43 East W M., Spokane County, Washington, o// being more por. t/cu/ar/y described as follows: g Beg inning at the southwest _corner of Lot 1/ RIEGEL HE /G/YTS PANNED UN/T DEVELOPMENT as recorded /n. Volume /3 of Plot in Spokane' County, N'oshln s, Page 79 gtbn; thence North 0 °//'28 "Eats along the west /Me of said Lot 11 a distance of /50.09 feet to the northwest corner of said Lot t/; thence South 89°48'33 East along the . north line of said Lot 1/ o distance of 200.00 feet to the west line of Lot 9 in said DEVELOPMENT; thence North .0 °I/ 1 28 "East along the ,west line of Lots 9, 8 and 7 o.distance of /94.9/ feet; thence along the northwesterly line of Lot 7, North 38° /2 49• East 230.23 feet, thence South 28 ° 06` /8"Eost 178.82 feet; thence on a non - tangent Curve, concave to the right, having a :tangent bear/ago, North 50° 2/'2 /" East, o central angle of 23 04'2 " a radius of 50 00 feet for a distance of 20. /4 feet to the southwest corner of Lof `: in said development; :thence North 28 ° 06'%8" West along the west line of s air/ Lot 6, o "distance of. /77 82 feet to the northwest darner of sold - Lot 6, thence along the north line of said Lot 6, South 89 273.64 feet; thence North 0 °26'08" West 163 /g feet, thence South 63 °00'00" West 425.00 feet; thence South 39 ° 10'00" West 592.43 feet; then South` 0 West /43.37 feet to o line 30.0 feet northerly of the South Line of of said Southwest Quarter of said Southeast Quarter; thence South 89 ° 48'33 "East /20.00 feet to the Faint . ofBe Beginning. g Utility easements shown an RE /GEL HE /GHTS PLANNED UN /T OEVELOPMENT are hereby dedicated for utility purposes. IN W /TNESS WHEREOF we : have set our :hands and seals Lynn L. Mohler" Garry . D. Chomizer /ain Robert W O'Brien Cecil. E Johnson,/ Robert D. Riege/t/ Terry M. Thompson / . dock . P. Mose//i of The ifohuna Land Comp any J ACKNOWLEDGEMENT STATE OF WASH /NGTON COUNTY OF SPOKANE APPROVALS Examined and Approved this Examined and Approved this Examined and 'Approved this Examined and Approved this SS. SC/RVEYORS CER T/F /GATE day -of day of day of. day of Meridel/ L. Mohler,/ Linda M. Chomber /aln- Maiureen A. O'Brien Loa J Johnson° Donald L. Wolfe✓ Marilynn A. Tho/nvso, Lynda Mosel /I 1 Dory/ He/mbigner. By.' Joseph O. Word, Attorney -in --fact and Agent On this day of - /97 , before me personally appeared Joseph G. Word to me known to be the individual that executed the within and foregoing instrument and acknowledged said instrument to be the free and • voluntary act and deed of individual for the uses and purposes therein mentioned and states under oath t/iot he was outhorizelf to execute said instrument. IN WITNESS WHEREOF, / hove hereunto set my hand and affixed my official sea/ the day and year first written. • Notery Public in and for the State of residing at /, RALPH E FLAGAN, o Registered. Professional Lond Surveyor, do hereby certify that plot represents . o /rue copy of officio/ records and survey made under my supervision in September, /979, and that lot corners and monuments hove been set_ Examined and Approved this day of /97 . /97. /97_. /97._ /97 . Examined and Approved this day of /97 / hereby do certify that the required taxes on the hereon platted land have been fu/ /y paid this . day of /97 RALPH E..FLAGAN Registed Professional Lond Surveyor Spokane Co. Assessor Spokane Co. Engineer Spokane Co. Health Officer Spokane Co. Panning Com/nission. Chairman by P /onning Director Chairman, Board of County Commissioners Spokane Co. Utilities Officer Spokane . Ca Treasurer by Deputy FouN 0 Br,* ss Mow / 74./8 REPEAT OF LOT /2 P/FGEL / PL ,q/I//I/ED t//V// DEVELOP4IF N/ Being o subdivision of o portion of SW //4 SE //4 Section 23, Township 25North, Range 43 East W.M. Spokane County, Washington Scale /" = /00' 1r) /20. 00 4 95: 00 N °4S .33"14/ N 89 : S 4 / 4 / . 1 4 / /3/2. 44 a =' 1 ' � p � itt -! cx &_ '0; . 200.00 At 0 113.34 1/ 3 0 0 � ry _ e I 82 k �.83� w"-'? -- 't 1 O�` 1 `6..5�.� X55 R"6a3 / H- - I�"r4b.3G ' 76111C-S- � '" t 4;,s r4. 240 e2 .Sic /3//. 2 8 0 i b Es= 429. p3 %�`4 °��'0 ,.... , t; /✓S4 °4539•'. � . - .i 2/. /7 ) " 78 °00- /3 . x• 4 N 9 03.6 N 89'4B" 33 "W . \ /8 ° O8'54"' R GQ3 -00 ' L /9/.00 Tice: .00 .087 ° 90"/7% / 20.00 ity COL 30.60 t4 S 89 ° 48 :'3.3 E 273.10 4 M 1 0 2 � N I o• 4 90 °ao O ,.. Q` �. 2 20.00 L31.42 . 239.42 oa 0 9 G .1.544 / 53.4. N e 0 4a .v 8 9 °48 133%c/ /3/3.6/ V N CIA 0. I 1!9°33 sz' /33.59 2 --, AL .A 1� 1 a.7Z "•l`� � E,� 710 i \p 0 a / Q 49 ° 59 4.4- M I • A . 2o.a �7 a.s 4 9 0 ? 41 ' r � -- - - -- S 3 -422-F 0� 4 M o t o 2 54 4.7 16 to AVE. o. A/89 °S4 W 250.00 0• a /3/2,644 NB9 544 /0 - t4/ ro 0 /311. 28 3/3 .`/ /V 89 4833" Fourvo 2 T BrA53 MON. FOVNp P;pz S /e / "= /00 Basis of Bearing North line Southwost Quorfer.East r'J r1 i,1,,,nlJll4IL1IIf I1IdWI I, ILI, PI 111 AI MM tl W itn+u nry +Wd '1 Y11 un WiPwwiW 11,JAbm,md++ 2030 • 200.,00 2050 I Y 1 I llii,i „1J 11 Yil IJW iWLiJL 11 IiIWIPi YJ 411 /1111 0W1,I4W {41'.11 IYLJLYW 11,'1 w1u11yWi + +nu, 21',w 9; °” `4:8:33