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Castle Park CASTLE PARK Site Information Location: S 3145 University Rd Donated Date: 1972 Study Area: West Valley Urban Parking: 10 Spaces Size: 2.7 Acres Improved Area: 2.7 Acres Facilities Sports Field Irrigated Lawn Picnic Tables Informal Picnic Area History Castle Park is located in the southern portion of the Spokane Valley and is surrounded by residential developments. The park is open except for evergreen trees adjacent to a centrally located storage building. Originally the site of a small sewage treatment plant serving the area,the land was deeded to the Spokane County Engineering Department in 1972 by the developers. Maintenance was provided by the County Parks Department and an in-ground irrigation system was installed in 1974. The County Parks Department suspended full maintenance in 1982 due to budget cuts. Minimal maintenance was continued,aided by a neighborhood fund raising drive in 1987. The treatment facility was dismantled in 1988 with connection of the surrounding areas to the Valley Sewer System. The property was subsequently transferred to the Parks Department, which brought in fill materials and re-contouring of the site was completed. Installation of an irrigation system and seeding were completed in 1989. Spokane County Parks,Recreation and Open Space Plan-2002 60 06/13/02 Ell. s „ , , 77” Parcel: 45332.1517 /5Z L.- Owner: SPOKANE COUNTY \c3' CoOwner: .►! i 11 . � 1 1 { f i i 1 11 1 S f Owner Address 1,,,_r: 404 N HAVANA SPOKANE WA 99202 ill I Site Address = (1111111101.0m11 L,i, 0 ADDRESS UNKNOWN SPOKANE w,. • Legal Description el all1L1 LL CASTLE ADD LT 17 BLK 6 EXC CO 0 1111 RD *ii .' 11111,� 1 iii ' zumemim L a_ litiellilliiti ME ____ _.....:00.---N mono MII , „tit am ). 111111 c,„ fiame 111111 1 . 1111. 111111111 „, 0 IL 41 ii� • \ 4IP- I L LI Notice: This is not a legal document. Data depicted on this map is general&subject to constant revision. It is intended for reference use only. Legal documents should be obtained from the appropriate agency. 1 I PADAL - Fact Sheet Page 1 of 2 Spokane County Parcel Data Locator A SpoKaneCount� _ _ _ All Data As Of Thursday,January 08,2004 Summary Values Taxes Sales Info Seg/Merge Dwelling/Struct Fact Sheet w/o Taxes Fact Sheet-Taxes Only Fact Sheet with Ta) Fact Sheet with Taxes for Property Number 45332.1517 All Data As Of Thursday, January 08, 2004 Parcel Site Address 0 ADDRESS UNKNOWN, SPOKANE TCA 0144 Status Active Acreage Market Values 2003 Land Sq Feet 117,651 Land 58,800 Taxable Value 0 Property Class Service-Governmental Improvements 700 Personal Property 0 Total Value 59,500 Exemption 2003 Active Yes Year Exemptions Legal Description CASTLE ADD LT 17 BLK 6 EXC CO RD Taxes Year Charge Type Annual Charges Remaining ChE 2003 Irrigation District Principal 168.00 2003 Stormwater Principal Spokane Valley COM1 6.00 Totals 174.00 2002 Irrigation District Principal 168.00 2002 Stormwater Principal COM1 6.00 Totals 174.00 2001 Irrigation District Principal 168.00 2001 Stormwater Principal COM1 6.00 Totals 174.00 2000 Irrigation District Principal 168.00 2000 Stormwater Principal COM1 6.00 Totals 174.00 Improvements http://www.spokanecounty.org/pubpadal/ParcelFactSheet.asp?Type=All 1/9/2004 PADAL - Fact Sheet Page 2 of 2 Improvement Type Description Year Built Size Commercial Light Utility Storage 1972 140 Created on Friday,January 09,2004 at 8:57:49 AM Help New Search Modify Search Print Spokane County Assessor's Office Spokane County Treasurer's Office Mail Stop OCH1-ASSOR PO Box 199 1116 West Broadway Avenue Spokane,WA 99210-0199 County Courthouse,1st Floor Spokane,WA 99260 Hours Monday-Friday 8:30am-5:00pm(excluding holidays) Hours Monday-Friday 8:30am-5:00pm(excluding holidays) Phone (509)477-3698 Phone (509)477-4713 Fax (509)477-3697 Fax (509)477-3674 E-Mail Assessorrspokanecounty_org E-Mall Treasurer @spokanecounty.org http://www.spokanecounty.org/pubpadal/ParcelFactSheet.asp?Type=All 1/9/2004 ADDRES,5 UlyivR5iry i s'.%Crri PERMIT NO. 0.2./ 7 DATE 7/2-9/72AMT. /6-610 — YEAR A.V. BY COMMERCIAL 197 J' 3-6. Es /113 ----- /799 a 0 6-0 0 CASTLE ADD . . LT i7 DLK 6 EXC CO RD if) 4 -...._ //- 30-72 ES its!,,-,,,fr r TYPE—USE INT. WALLS 6,) BASEMENT GEN'L CONDITION 4/4..r33 1 ■,10."../7 Apartment Full / Very Good / Office Size Good .. . 4-..- Warehouse Finished Fair ./ Gas Station FLOOR FINISH Utility Poor Motel Asphalt Tile FLOOR STRUCURE CIL- a- 1 9- ,36 i Garage Fir HEATING Reinf. Conc. Store Linoleum Hot Air v/ Conc. Slab No. Stories Cement Hot Water Joisted Const. No. Rooms Air Cond. No. Apts. EXT. WALLS Gas INT. PARTITIONING Gross Inc. Brick Electric Lin-Feet / v Pu M p 11AUSS Concrete Oil Burner / , CONSTRUCTION Siding Coal Stoker EXTRA FEATURES ■ Frame V Con. Blk. Steam Marquees Steel Frame Central Canopy Reinf. Conc. ROOF COVERING Balcony Brick Asphalt Shingles Insulation V Con. Bik. Corr. Toilets Cold Storage 1 Tar-Gravel Tubs Sound Proofing ■ FOUNDATION Basins ' ■ v Con. Stostretir. ROOF CONSTR. Sinks i Flat Urinals Pitched Showers . ELEVATOR Steel Truss Laundry Trays Kind Wood Truss - H. W. Tanks Sprinkler System ' Sq. Ft. Yr.Built % Fin. Class Sq. Ft. 1st Sq. Ft. 2nd Height Per Rate Life A. V. (--, /972 /00 / 4.c, Q 7e -O Se v A A r — Y c L ON E PEAC E ' Total Land Values E2,/q 72.-73 9 8'0-.1/43 7 3 - eoR 4.,.; Year I/97,? I 1°9'21 J 977 1 I I • / • . �- • • • • j • • • • • • - 42.',;: .`Af c i - K I .is 4 4 .lo?1;1 1 e J 9:c .'qe-'"• '+k ' .�F', sJ"x . ,..�g.,. ., ay,,w„+�S�afiss�..s .'."`�'¢b+ ;_,,,""..�'"# °' -s ,,, 'T tea. *synr'., r ..q�sz"`s *s•n+++�„e;_ / . • • • .e -- _ i�� ' Mme._ " _ s ,RR 'rv�K --, -` ,,,�#„• a.. S '•ti( ate}`,% :-,., ( '� i '� ww r y� rev ,J'A + " 1, _• ' a...tb '4.;1-1.,7:,,i., '"', t'"4 xt ti ,. &1 .' ..�,,,�w f `'- t, ■ `,,., � _._t kw ,�C „�7• T•� ' .lse�• w+``r�' • e .:=J .. .r ;�. ,1.1.;.. ,\��• V,. ,y'}1{"'J f k • fr s+F,x' '- r" � '-7 !,: s-�� 4 '' ', }r. 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Transnation SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, TRANSNATION TITLE INSURANCE COMPANY, an Arizona corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys'fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF,TRANSNATION TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed by its duly authorized officers,the Policy to become valid when countersigned by an authorized officer or agent of the Company. TRANSNATION TITLE INSURANCE COMPANY \\AEE oN• INSp��y�F 4cORPOR,A4, 3 ?4.-Lt-SEPL 16,1991 X2,0 By: Attest: a President Secretary ''kt_ARIIONp _ EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys'fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i)the occupancy, use,or enjoyment of the land; (ii)the character,dimensions or location of any improvement now or hereafter erected on the land; (iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims or other matters: (a) created,suffered,assumed or agreed to by the insured claimant; (b) not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy;or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim,which arises out of the transaction vesting in the Insured the estate or interest insured by this policy,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws,that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer;or (b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer;or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. t NM1 PA10 ALTA Owner's Policy(10/17/92)Face Page ORIGINAL Form 1190-56A Valid only if Schedules A and B and Cover are attached CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS. may pursue any litigation to final determination by a court of competent jurisdiction The following terms when used in this policy mean: and expressly reserves the right,in its sole discretion,to appeal from any adverse (a) "insured":the insured named in Schedule A,and,subject to any rights or judgment or order. defenses the Company would have had against the named insured, those who (d) In all cases where this policy permits or requires the Company to succeed to the interest of the named insured by operation of law as distinguished prosecute or provide for the defense of any action or proceeding,the insured shall from purchase including,but not limited to,heirs,distributees,devisees,survivors, secure to the Company the right to so prosecute or provide defense in the action personal representatives,next of kin,or corporate or fiduciary successors. or proceeding, and all appeals therein, and permit the Company to use, at its (b) "insured claimant":an insured claiming loss or damage. option,the name of the insured for this purpose. (c) "knowledge" or"known": actual knowledge, not constructive knowledge Whenever requested by the Company, the insured, at the Company's expense, or notice which may be imputed to an insured by reason of the public records as shall give the Company all reasonable aid(i)in any action or proceeding,securing defined in this policy or any other records which impart constructive notice of evidence,obtaining witnesses,prosecuting or defending the action or proceeding, matters affecting the land. or effecting settlement,and(ii)in any other lawful act which in the opinion of the (d) "land": the land described or referred to in Schedule A, and Company may be necessary or desirable to establish the title to the estate or improvements affixed thereto which by law constitute real property. The term interest as insured. If the Company is prejudiced by the failure of the insured to "land" does not include any property beyond the lines of the area described or furnish the required cooperation,the Company's obligations to the insured under referred to in Schedule A, nor any right, title, interest, estate or easement in the policy shall terminate,including any liability or obligation to defend,prosecute, abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing or continue any litigation, with regard to the matter or matters requiring such herein shall modify or limit the extent to which a right of access to and from the cooperation. land is insured by this policy. (e) "mortgage": mortgage, deed of trust, trust deed, or other security 5. PROOF OF LOSS OR DAMAGE. instrument. In addition to and after the notices required under Section 3 of these (f) "public records": records established under state statutes at Date of Conditions and Stipulations have been provided the Company,a proof of loss or Policy for the purpose of imparting constructive notice of matters relating to real damage signed and sworn to by the insured claimant shall be furnished to the property to purchasers for value and without knowledge. With respect to Section Company within 90 days after the insured claimant shall ascertain the facts giving 1(a)(iv) of the Exclusions From Coverage, "public records" shall also include rise to the loss or damage. The proof of loss or damage shall describe the defect environmental protection liens filed in the records of the clerk of the United States in, or lien or encumbrance on the title, or other matter insured against by this district court for the district in which the land is located. policy which constitutes the basis of loss or damage and shall state,to the extent (g) "unmarketability of the title": an alleged or apparent matter affecting the possible, the basis of calculating the amount of the loss or damage. If the title to the land, not excluded or excepted from coverage, which would entitle a Company is prejudiced by the failure of the insured claimant to provide the purchaser of the estate or interest described in Schedule A to be released from required proof of loss or damage,the Company's obligations to the insured under the obligation to purchase by virtue of a contractual condition requiring the delivery the policy shall terminate,including any liability or obligation to defend,prosecute, of marketable title. or continue any litigation,with regard to the matter or matters requiring such proof of loss or damage. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. In addition, the insured claimant may reasonably be required to submit to The coverage of this policy shall continue in force as of Date of Policy in examination under oath by any authorized representative of the Company and favor of an insured only so long as the insured retains an estate or interest in the shall produce for examination, inspection and copying, at such reasonable times land,or holds an indebtedness secured by a purchase money mortgage given by and places as may be designated by any authorized representative of the a purchaser from the insured,or only so long as the insured shall have liability by Company,all records,books,ledgers,checks,correspondence and memoranda, reason of covenants of warranty made by the insured in any transfer or whether bearing a date before or after Date of Policy,which reasonably pertain to conveyance of the estate or interest. This policy shall not continue in force in the loss or damage. Further,if requested by any authorized representative of the favor of any purchaser from the insured of either (i) an estate or interest in the Company, the insured claimant shall grant its permission, in writing, for any land,or(ii)an indebtedness secured by a purchase money mortgage given to the authorized representative of the Company to examine, inspect and copy all insured. records, books, ledgers,checks,correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. information designated as confidential by the insured claimant provided to the The insured shall notify the Company promptly in writing (i) in case of any Company pursuant to this Section shall not be disclosed to others unless, in the litigation as set forth in Section 4(a)below,(ii)in case knowledge shall come to an reasonable judgment of the Company, it is necessary in the administration of the insured hereunder of any claim of title or interest which is adverse to the title to the claim. Failure of the insured claimant to submit for examination under oath, estate or interest,as insured,and which might cause loss or damage for which the produce other reasonably requested information or grant permission to secure Company may be liable by virtue of this policy, or (iii) if title to the estate or reasonably necessary information from third parties as required in this paragraph interest, as insured, is rejected as unmarketable. If prompt notice shall not be shall terminate any liability of the Company under this policy as to that claim. given to the Company, then as to the insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;TERMINATION OF provided, however, that failure to notify the Company shall in no case prejudice LIABILITY. the rights of any insured under this policy unless the Company shall be prejudiced In case of a claim under this policy, the Company shall have the following by the failure and then only to the extent of the prejudice. additional options: (a) To Pay or Tender Payment of the Amount of Insurance. 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED To pay or tender payment of the amount of insurance under this policy CLAIMANT TO COOPERATE. together with any costs, attorneys' fees and expenses incurred by the insured (a) Upon written request by the insured and subject to the options contained claimant, which were authorized by the Company, up to the time of payment or in Section 6 of these Conditions and Stipulations, the Company, at its own cost tender of payment and which the Company is obligated to pay. and without unreasonable delay, shall provide for the defense of an insured in Upon the exercise by the Company of this option,all liability and obligations to the litigation in which any third party asserts a claim adverse to the title or interest as insured under this policy, other than to make the payment required, shall insured, but only as to those stated causes of action alleging a defect, lien or terminate,including any liability or obligation to defend,prosecute,or continue any encumbrance or other matter insured against by this policy. The Company shall litigation,and the policy shall be surrendered to the Company for cancellation. have the right to select counsel of its choice(subject to the right of the insured to (b) To Pay or Otherwise Settle With Parties Other than the Insured or object for reasonable cause)to represent the insured as to those stated causes of With the Insured Claimant. action and shall not be liable for and will not pay the fees of any other counsel. (i) to pay or otherwise settle with other parties for or in the name of The Company will not pay any fees,costs or expenses incurred by the insured in an insured claimant any claim insured against under this policy,together with any the defense of those causes of action which allege matters not insured by this costs, attorneys'fees and expenses incurred by the insured claimant which were policy. authorized by the Company up to the time of payment and which the Company is (b)The Company shall have the right, at its own cost, to institute and obligated to pay;or prosecute any action or proceeding or to do any other act which in its opinion may (ii) to pay or otherwise settle with the insured claimant the loss or be necessary or desirable to establish the title to the estate or interest,as insured, damage provided for under this policy,together with any costs,attorneys'fees and or to prevent or reduce loss or damage to the insured. The Company may take expenses incurred by the insured claimant which were authorized by the any appropriate action under the terms of this policy, whether or not it shall be Company up to the time of payment and which the Company is obligated to pay. liable hereunder,and shall not thereby concede liability or waive any provision of Upon the exercise by the Company of either of the options provided for in this policy. If the Company shall exercise its rights under this paragraph, it shall paragraphs(b)(i)or(ii),the Company's obligations to the insured under this policy do so diligently. for the claimed loss or damage, other than the payments required to be made, (c) Whenever the Company shall have brought an action or interposed a shall terminate, including any liability or obligation to defend, prosecute or defense as required or permitted by the provisions of this policy, the Company continue any litigation. Conditions and Stipulations Continued Inside Cover B 1190-56A CONTROL NO. .A3 -1- 0081002 SCHEDULE A Amount of Insurance : $100, 000 . 00 Policy No. Z-259381 Premium: $ 500 . 00 Customer Ref : PO 3075/Castle Pk Date of Policy: January 13 , 2004 at 8 : 00 A.M. 1 . Name of Insured: CITY OF SPOKANE VALLEY, a municipal corporation. 2 . The estate or interest in the land described herein and which is covered by this policy is : FEE SIMPLE 3 . The estate or interest referred to herein is at Date of Policy vested in: THE NAMED INSURED 4 . The land referred to in this policy is described as follows : Lot 17 in Block 6 of CASTLE ADDITION as per plat thereof recorded in Volume 1.0 of Plats, Page 25; EXCEPTING THEREFROM that portion of said Lot 17 dedicated for road purposes by Resolution No. 90-0185, recorded February 26, 1990 under Auditor' s File No. 9002260309; Situate in the County of Spokane, State of Washington. Countersigned: Gaki-'91/4'-' Authorized Officer or Agent Owner' s Standard Policy Policy No. Z-259381 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of : STANDARD EXCEPTIONS 1 . Taxes or assessments which are not now payable or which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records . 2 . Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession, or claiming to be in possession, thereof . 3 . Easements, liens or encumbrances, or claims thereof, which are not shown by the public records . 4 . Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey of the land would disclose, and which are not shown by the public records . 5 . Any lien, or right to a lien, for labor, material , services or equipment, or for contributions to employee benefit plans, or liens under Workmans' Compensation Acts, not disclosed by the public records . 6 . (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) Indian treaty or aboriginal rights, including, but not limited to, easements or equitable servitudes; or, (d) water rights, claims or title to water, whether or not the matters excepted under (a) , (b) , (c) or (d) are shown by the public records . 7 . Right of use, control or regulation by the United States of America in the exercise of powers over navigation; any prohibition or limitation on the use, occupancy or improvement of the land resulting from the rights of the public or riparian owners to use any waters which may cover the land or to use any portion of the land which is now or may formerly have been covered by water. 8 . Any service, installation, connection, maintenance or construction charges for sewer, water, electricity, or garbage collection or disposal , or other utilities unless disclosed as an existing lien by the public records . 2 Owner' s Standard Policy Policy No. Z-259381 SPECIAL EXCEPTIONS 1 . Taxes for the year 2004 are not yet available or due, but are payable February 15, 2004 . 2 . The land herein described is carried on the tax rolls as exempt, however, it will become taxable from the date of execution of a conveyance to a taxable entity and subject to the lien of real property taxes for the balance of the year 2003 . Tax Account No. : 45332 . 1517 3 . Liability to future assessments by Model Irrigation District No. 18 . 4 . ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE RECORDED DOCUMENTS OF THE PLAT OF CASTLE ADDITION, IN VOLUME 10 OF PLATS, PAGE 25 . RIGHTS OR BENEFITS, IF ANY, WHICH MAY BE DISCLOSED BY THE RECORDED DOCUMENT (S) ABOVE AFFECTING LAND OUTSIDE THE BOUNDARY DESCRIBED IN SCHEDULE A. 5 . Covenants, conditions and restrictions imposed by instrument recorded on July 29, 1971, under Recording No. 565875C, including but not limited to rights or benefits which may be disclosed affecting land outside the boundary described in Schedule A. 6 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF : GRANTEE : Pacific Northwest Bell Telephone Company, a Washington corporation PURPOSE : Underground communication lines and above ground closures and other appurtenances; with right to keep clear and right of ingress and egress AREA AFFECTED: This and other property DATED: August 29, 1964 RECORDED: September 9, 1964 RECORDING NO. : 46974C 3 Owner' s Standard Policy Policy No. Z-259381 7 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE : The Washington Water Power Company, a corporation PURPOSE: Electrical distribution line and associated fixtures; with right to inspect line and to remove brush and trees AREA AFFECTED: Place 1 anchor on East line of Southeast corner of following described property: South half o the Southeast quarter of the Northwest quarter of the Northwest quarter of Section 33 , Township 25 North, Range 44 East, W.M. DATED: August 29, 1964 RECORDED: September 9, 1964 RECORDING NO. : 46974C 8 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE : The Washington Water Power Company, a corporation PURPOSE : Electrical distribution line and associated fixtures; with right to inspect line and to remove brush and trees; Place 1 anchor on the East line in the Southeast corner of herein described property AREA AFFECTED : Exact location not disclosed DATED: July 25, 1967 RECORDED: August 18 , 1967 RECORDING NO. : 313395C 9 . BEFORE THE BOARD OF DISTRICTS OF MODEL IRRIGATION DISTRICT NO. 18 AND THE TERMS AND CONDITIONS THEREOF: RECORDED: October 1, 1971 RECORDING NO. : 578378C REGARDING: Furnishing water to properties 10 . This property may be subject to a charge by Spokane County for sewer construction, referred to as a Capital Facilities Rate (CFR) . This charge is in addition to the monthly charge for sewer services . END OF EXCEPTIONS cmb 4 14332 • CONDITIONS AND STIPULATIONS (Continued) . 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. (b) When liability and the extent of loss or damage has been definitely This policy is a contract of indemnity against actual monetary loss or fixed in accordance with these Conditions and Stipulations, the loss or damage sustained or incurred by the insured claimant who has suffered loss damage shall be payable within 30 days thereafter. or damage by reason of matters insured against by this policy and only to 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. the extent herein described. (a) The liability of the Company under this policy shall not exceed the (a)The Company's Right of Subrogation. least of: Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by (i) the Amount of Insurance stated in Schedule A; or, any act of the insured claimant. (ii) the difference between the value of the insured estate or interest as The Company shall be subrogated to and be entitled to all rights and insured and the value of the insured estate or interest subject to the defect, remedies which the insured claimant would have had against any person or lien or encumbrance insured against by this policy. property in respect to the claim had this policy not been issued. If (b) In the event the Amount of Insurance stated in Schedule A at the requested by the Company, the insured claimant shall transfer to the Date of Policy is less than 80 percent of the value of the insured estate or Company all rights and remedies against any person or property necessary interest or the full consideration paid for the land, whichever is less, or if in order to perfect this right of subrogation. The insured claimant shall subsequent to the Date of Policy an improvement is erected on the land permit the Company to sue, compromise or settle in the name of the which increases the value of the insured estate or interest by at least 20 insured claimant and to use the name of the insured claimant in any percent over the Amount of Insurance stated in Schedule A, then this transaction or litigation involving these rights or remedies. Policy is subject to the following: If a payment on account of a claim does not fully cover the loss of the (i)where no subsequent improvement has been made, as to any partial insured claimant, the Company shall be subrogated to these rights and loss, the Company shall only pay the loss pro rata in the proportion that remedies in the proportion which the Company's payment bears to the the amount of insurance at Date of Policy bears to the total value of the whole amount of the loss. insured estate or interest at Date of Policy; or If loss should result from any act of the insured claimant, as stated (ii) where a subsequent improvement has been made, as to any partial above, that act shall not void this policy, but the Company, in that event, loss, the Company shall only pay the loss pro rata in the proportion that shall be required to pay only that part of any losses insured against by this 120 percent of the Amount of Insurance stated in Schedule A bears to the policy which shall exceed the amount, if any, lost to the Company by sum of the Amount of Insurance stated in Schedule A and the amount reason of the impairment by the insured claimant of the Company's right expended for the improvement. of subrogation. The provisions of this paragraph shall not apply to costs, attorneys' fees (b)The Company's Rights Against Non-insured Obligors. and expenses for which the Company is liable under this policy, and shall The Company's right of subrogation against non-insured obligors shall only apply to that portion of any loss which exceeds, in the aggregate, 10 exist and shall include, without limitation, the rights of the insured to percent of the Amount of Insurance stated in Schedule A. indemnities, guaranties, other policies of insurance or bonds, (c) The Company will pay only those costs, attorneys' fees and expenses notwithstanding any terms or conditions contained in those instruments incurred in accordance with Section 4 of these Conditions and Stipulations. which provide for subrogation rights by reason of this policy. 8. APPORTIONMENT. 14. ARBITRATION If the land described in Schedule A consists of two or more parcels Unless prohibited by applicable law, either the Company or the insured which are not used as a single site,and a loss is established affecting one or may demand arbitration pursuant to the Title Insurance Arbitration Rules more of the parcels but not all, the loss shall be computed and settled on a of the American Arbitration Association. Arbitrable matters may include, pro rata basis as if the amount of insurance under this policy was divided but are not limited to, any controversy or claim between the Company and pro rata as to the value on Date of Policy of each separate parcel to the the insured arising out of or relating to this policy, any service of the whole, exclusive of any improvements made subsequent to Date of Policy, Company in connection with its issuance or the breach of a policy unless a liability or value has otherwise been agreed upon as to each parcel provision or other obligation. All arbitrable matters when the Amount of by the Company and the insured at the time of the issuance of this policy Insurance is$1,000,000 or less shall be arbitrated at the option of either the and shown by an express statement or by an endorsement attached to this Company or the insured. All arbitrable matters when the Amount of policy. Insurance is in excess of$1,000,000 shall be arbitrated only when agreed to 9. LIMITATION OF LIABILITY. by both the Company and the insured. Arbitration pursuant to this policy (a) If the Company establishes the title, or removes the alleged defect, and under the Rules in effect on the date the demand for arbitration is lien or encumbrance, or cures the lack of a right of access to or from the made or, at the option of the insured, the Rules in effect at Date of Policy land, or cures the claim of unmarketability of title, all as insured, in a shall be binding upon the parties. The award may include attorneys' fees reasonably diligent manner by any method, including litigation and the only if the laws of the state in which the land is located permit a court to completion of any appeals therefrom, it shall have fully performed its award attorneys' fees to a prevailing party. Judgment upon the award obligations with respect to that matter and shall not be liable for any loss rendered by the Arbitrator(s) may be entered in any court having or damage caused thereby. jurisdiction thereof. (b) In the event of any litigation, including litigation by the Company The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of A copy of the Rules may be obtained from the Company upon request. competent jurisdiction, and disposition of all appeals therefrom, adverse to 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE the title as insured. (c)The Company shall not be liable for loss or damage to any insured CONTRACT. for liability voluntarily assumed by the insured in settling any claim or suit (a) This policy together with all endorsements, if any, attached hereto without the prior written consent of the Company. by the Company is the entire policy and contract between the insured and 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION the Company. In interpreting any provision of this policy, this policy shall n be construed as a whole. OF LIABILITY. (b) Any claim of loss or damage, whether or not based on negligence, All payments under this policy, except payments made for costs, and which arises out of the status of the title to the estate or interest attorneys' fees and expenses, shall reduce the amount of the insurance pro covered hereby or by any action asserting such claim, shall be restricted to tanto. this policy. 11. LIABILITY NONCUMULATIVE (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the It is expressly understood that the amount of insurance under this President, a Vice President, the Secretary, an Assistant Secretary, or policy shall be reduced by any amount the Company may pay under any validating officer or authorized signatory of the Company. policy insuring a mortgage to which exception is taken in Schedule B or to 16. SEVERABILITY. which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provi- estate or interest described or referred to in Schedule A, and the amount sion and all other provisions shall remain in full force and effect. so paid shall be deemed a payment under this policy to the insured owner. 17. NOTICES, WHERE SENT. 12. PAYMENT OF LOSS. All notices required to be given the Company and any statement in writing (a)No payment shall be made without producing this policy for endorsement required to be furnished the Company shall include the number of this of the payment unless the policy has been lost or destroyed,in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. policy and shall be addressed to: Consumer Affairs Department,P.O.Box NM 1 PA 10 27567,Richmond,Virginia 23261-7567. ALTA Owner's Policy(10-17-92) Cover Page Form 1190-58 ORIGINAL Valid Only If Face Page, Schedules A and B Are Attached V 1 A WORD OF THANKS I As we make your policy a part of our permanent records, we want to express our appreciation of I this evidence of your faith in Transnation Title Insurance Company. OWNER'S POLICY There is no recurring premium. _ OF TITLE INSURANCE = This policy provides valuable title protection and (10_1 -92) = we suggest you keep it in a safe place where it will be readily available for future reference. If you have any questions about the protection i provided by this policy, contact the office that AMERICAN LAND TITLE ASSOCIATION = issued your policy or you may write to: Consumer Affairs Department Transnation . Title Insurance Company = P.O. Box 27567 • ISSUED BY = Richmond, Virginia 23261-7567 TRANSNATION TITLE INSURANCE COMPANY = TOLL FREE NUMBER: 1-800-446-7086 Transnation A LANDAMERICA COMPANY 3 = HOME OFFICE: I 101 Gateway Centre Parkway,Gateway One Richmond,Virginia 23235-5153 B 1190-58 1 `t »u»»»»»»»»»»»»»»»»»»»»»»»»»»»,»»»»» »» »»»»»»»»»»,.»»,»»,»»,»»»,» »»»,»»»»,»»,»»»» »»»»m»»,»,»»»»b�»yip `` 32 J I _ - , /� 4 REVENUE REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt PLEASE TYPE OR PRINT -- CHAPTER 82.45 RCW-CHAPTER 458-61 WAC when stamped by cashier. SEE BACK PAGE • FOR USE AT COUNTY TREASURER'S OFFICE (Use Form No.84-0001B for Reporting Transfers of Controlling Interest of Entity Ownership to the Department of Revenue) THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS 1-7 ARE FULLY COMPLETED 111-Name Spokane County Name City of Spokane Valley :r ce O n. 404 N Havana r z 11707 E Sprague, Ste 106 m < Street D < Street• cn C4 U City/State/Zip Spokane, WA 99202 m( City/State/Zip Spokane, WA 99206 ® ADDRESS TO SEND ALL PROPERTY TAX RELATED CORRESPONDENCE ALL TAX PARCEL NUMBERS COUNTY TREASURER PLACE ASSESSED VALUE IF TAX EXEMPT Name City of Spokane Valley 45332.1517 Street 11707 E Sprague, Ste 106 /-` !C Spokane, WA 99206 - City/State/Zip , © LEGAL DESCRIPTION OF PROPERTY SITUATED IN ❑UNINCORPORATED Spokane COUNTY ❑OR IN CITY OF Street Address(if property is improved): Lot 4 in Block 6 of CASTLE ADDITION AC pEr plat thereof recorded in Volume 10 of Plats, page 25; . EXCEPTING THEREFROM that portion of said Lot 17 dedicated for road purposes by Resolution No. 90-0185, recorded February 26, 1990 under Auditor's File No. 9002260309; Situate in the County of Spokane, State of Washington. ® Is this property currently: YES NO 6 Description of personal property included in gross selling price,both tangible(eg; furniture,equipment,etc.)or intangible(eg;goodwill, Classified or designated as forest land? ❑ ❑t( agreement not to compete, etc.) .4,---... Chapter 84.33 RCW .. Classified as current use land(open space,farm ❑ ❑' and agricultural,or timber)?Chapter 84.34 RCW '; If exemption claimed,list WAC number and explanation. (If claiming a Exempt from property tax as a nonprofit El ❑ gift transfer, see instructi heet. organization?Chapter 84.36 RCW g ) 7. Seller's Exempt Reg.No. _ WAC No. (Sec/Sub) 358-61--420 Receiving special valuation as historic ❑ ❑' Explanation Government Transfer property?Chapter 84.26 RCW Property Type: ❑ and only El land with new building quit f.;iaU 11 ueed ❑land with previously used building ❑land with mobile home Type of Document ❑timber only El building only ,--- F...- L Date of Document t Principal Use: ❑Apt.(4+unit) ❑residential _0 ❑timber ❑agricultural ❑commercial/industrial Gross Selling Price $ .. ❑(other Park Personal Property(deduct) $ fl (1)NOTICE OF CONTINUANCE(RCW 84.33 OR RCW 84.34) Taxable Selling Price $ If the new owner(s)of land that is classified or designated as current use Excise Tax: State $ or forest land wish to continue the classification or designation of such Local $ land,the new owner(s)must sign below.If the new owner(s)do not desire -Delinquent Interest: State $ to continue such classification or designation,all compensating or additional tax calculated pursuant to RCW 84.33.120 and 140 or RCW Local $ 84.34.108 shall be due and payable by the seller or transferor at the time Delinquent Penalty $ . X'.1. e.r.. r. -, nn L.Y.a.iV V.Y d.� - - of sale.The county assessor must determine if the land transferred Total Due $ qualifies to continue classification or designation and must so indicate below.Signatures do not necessarily mean the land will remain in A MINIMUM OF$2.00 IS DUE AS A PROCESSING FEE AND TAX. classification or designation.If it no longer qualifies,it will be removed II AFFIDAVIT and the compensating taxes will be applied.All new owners must sign. I Certify Under Penalty of Perjury Under The Laws of The State of This land ❑does ❑does not qualify for continuance. Washington That The Foregoing Is True And Correct.(See back page of this form). ,- Date r �, / _�.. •Si ature of DEPUTY ASSESSOR � `��- x 1.q-y!� 1 e�� t�< :�'�_ Grantor/Agent% - (2) NOTICE OF COMPLIANCE(Chapter 84.26 RCW) ......-/ .- ' Name(print) i - ,1 11 ; t 2eil t v; i ,c.-.I Y-V:_ If the new owner(s)of property with special valuation as historic property (p ) wish to continue this special valuation the new owner(s)must sign below. 1; Lam-. 1 --,-1......) 1 A'' i /W�, If the new owner(s)do not desire to continue such special valuation,all Date and Place of Signing: 1 additional tax calculated pursuant to Chapter 84.26 RCW,shall be due and payable by the seller or transferor at the time of sale. Signature of y W Grantee/Ageni ''"'"1:1 (3) OWNER(S)SIGNATURE Name(print) -"-"`6' Date&Place of Signing: 4•cX `U ( . Perjury:Perjury is a class C felony which is punishable by imprisonment in the state con-ectional institution for a maximum term of not more than five years,or by a fine in an amount fixed by the court of not more than five thousand dollars($5,000.00),or by both imprisonment and fine(RCW 9A.20.020(IC)). REV 84 0001a(12-I0-02)(PD 4-18-03) FOR TREASURER'S USE ONLY TAXPAYER -../. .' - - -f f, 1 i / i i .�.=t3C3-- Cat; 'IP.. Li0 OO4 435 5' ` - • INSTRUCTIONS Transfers of Controlling Interest Does this transfer of real property reflect the transfer or acquisition of the controlling interest in an entity with an interest in real property in this state? If the answer is yes, this transfer of controlling interest must also be reported to the Department of Revenue within five days of the sale on Form No. 84-0001B. (This is applicable only if 50%or more of corporation stock,partnership, association,trust, or other entity interest, is transferred or acquired within a 12 month period. Please refer to WAC 458-61-025, which appears on the reverse of Form No. 84-0001 B). Gift Transfers Question: Is there an underlying debt on the property being assumed by Grantee? Answer: The transfer is taxable to the extent of relief of liability received by the Grantor and%or being assumed by the Grantee. Example: Grantor owns property that is valued at$100,000 and has an underlying debt of$25.000. Grantor wishes to transfer the property to the Grantee as a gift,and Grantee will assume the remaining debt on the property.Real Estate Excise Tax is due on the$25,000 debt;the equity of$75,000 is not taxable. Question: is the Grantor being removed from the title and loan? Answer: The transfer is taxable to the extent of relief of liability the Grantor has received. Example: Grantor obtained a loan in his/her name to purchase property for Grantee,who is unable to obtain financing. Grantor has no written agreement with Grantee pursuant to WAC 458-61- 550(2)(b),Nominee. Grantee provided all the funds for the purchase of and payments on the property. Grantee now wishes to refinance the debt into his/her own name and Grantor is being removed from loan and title. Real Estate Excise Tax is due on the amount of the underlying debt being paid off by the refinanced loan. Question: Is the Grantee being added to the title and loan? Answer: The transfer is taxable to the extent of liability assumed by the Grantee. Example: Grantor owns property that has an underlying debt of$40,000. Grantee moves onto property and starts contributing to the payment of debt and%or refinances the underlying debt with the Grantor. Grantor gifts a 50%interest in the property to Grantee. Real Estate Excise Tax is due on 50%of the underlying debt,$20,000. Question: Is the Grantor a co-signer or guarantor on a loan received by the Grantee? Answer: The transfer is exempt, as long as the Grantor has not contributed to the purchase of or payments made on the debt of the property. Example: Grantor co-signed on a loan with Grantee.Grantor has contributed no money to the payment of debt on the property. Grantee is now refinancing the remaining debt and removing the Grantor from title.Real Estate Excise Tax is not due on the property transfer. Interest and Penalties The Real Estate Excise Tax is due on the date of sale(date of the deed or contract of sale). Per RC W 82.45.100,interest is charged for delinquent tax payment. This is not charged if the tax is paid within one month of the date of sale. A five,ten, and twenty percent penalty on the state taxes is due from the seller if the tax is paid more than I month,2 months or 3 months of the date due. There is a 50 percent penalty for intentionally evading payment of the tax. Audit The Department of Revenue will conduct audits of the transactions and, if necessary, determine any underpayment of the tax. (\VAC 458-61-130) For tax assistance,visit hnp: `dor.wa.gov or call(S00) 647-7706. To inquire about the availability of this document in an alternate format for the visually impaired,please call(360)486-2342. Teletype(TTY)users please call(800)451-7985. REV S4 0001a inst.(12-10-02)(PD 4,18-03) VOL. 117 6 PAGE 111.U 8 0756 9102180229 No iuZ IU 3 31 BEFORE THE BOARD OF COUNTY COMMISSIONERS E r;i ia,luE `-1 4110110i: OF SPOKANE COUNTY, WASHINGTON SPOKANE.COUNTY,WASH. nxK IN THE MATTER OF EXECUTING ) AN AGREEMENT TO ABANDON INTERIM) R E S O L U T I O N SEWERAGE FACILITIES FOR ALOHA ) AND CASTLE ADDITIONS ) Attic, WHEREAS, pursuant to the provisions of the Revised Code of Washington, Section 36.32.120(6) , the Board of County Commis- sioners of Spokane County has the care of County property and the management of County funds and business; and WHEREAS, pursuant to the provisions of Chapter 36.94 RCW, Spokane County has the ability to construct, operate and maintain a system of sewerage within Spokane County consistent with the adopted Comprehensive Waste Water Management Plan; and WHEREAS, Leavitt Brothers caused certain tracks of land to be platted into lot, blocks and streets, known as the "Aloha Addition" and the "Castle Addition"; and WHEREAS, on July 15, 1971, Spokane County and Leavitt Brothers entered into an agreement whereby Leavitt Brothers installed extensive systems of sewerage collection and treatment in said subdivisions to provide sewer service to the residents thereof, and Spokane County agreed to assume maintenance and operation responsibility of the sewerage system,on certain terms and conditions; and WHEREAS, Leavitt Brothers conveyed certain real property in said subdivisions, set aside for sewerage treatment and disposal, to Spokane County, pursuant to the Deed of Gift dated December 11, 1972; and WHEREAS, the County is in the process of intercepting and connecting the subdivisions' sewer collection systems to the County's general sewerage system, and abandoning the subdivision treatment facilities, all pursuant to the above referenced agreement; and WHEREAS, Leavitt Brothers has agreed to relinquish all claims to the personal property now situated on the real estate described in the Deed of Gift, including the collector lines, disposal facilities, treatment facilities, and the like; and NOW, THEREFORE, BE IT RESOLVED by the Board of County Commis- sioners of Spokane County, that the attached agreement between Leavitt Brothers and Spokane County, respecting abandonment of the sewerage treatment and disposal facilities installed in the "Aloha Addition" and "Castle Addition" and relinquishing said facilities and certain personal property to Spokane County, be executed. NOW, BE IT BE FURTHER RESOLVED, by the Board of County Commissioners of Spokane County, that the Board finds that execution of the attached agreement does not constitute an "action" under the State Environmental Policy Act or the local SEPA ordinance, thereby rendering said regulations inapplicable. VOL. 1176 PAGE 1116 6 ) 056 PASSED AND ADOPTED this ^ day of , 1988. BOARD OF COUNTY COMMISSIONERS OF SPO i E COUNTY, WASHINGTON If —.4. . /i i . 4 I'AMft° P.,,v • ATTEST: WILLIAM DONAHUE, C erk • he Board/ • :f' , / IV ......s.�t_ Deputy Clerk • 'c:is t; X ,j f VOL. 11 to rapt 1 1.1 , • �-�_ 88 i r-,«b AGREEMENT ? Y of This Agreement made this ,Z 3 day l9 by and between �� Leavitt Brothers, a Washington co-partnership, eat e, Washington, hereinafter referred to as the "Developer", and Spokane County, a municipal corporation of the State of Washington, hereinafter referred to as the "County", to-wit: WHEREAS, the Developer caused to be platted into lots, blocks and streets, certain tracts of land known as,"Aloha Addition" and "Castle Addition" hereinafter referred to as "Subdivisions", and WHEREAS, an extensive system of sewage collection and treatment was installed in order that sewer service be available to the residents of the Subdivisions as they occupied the houses therein, and WHEREAS, the Developer needed a governmental agency to assume responsibility for the continuous and satisfactory operation and maintenance of the sewage system, and WHEREAS, the County was willing to assume the responsibility of operation and maintenance of the sewage systems on the terms and conditions set forth in the Agreement dated July 15, 1971, and WHEREAS, the Developer conveyed and quit claimed to the County the real estate set aside for the Subdivisions' sewage treatment and disposal and described a Q � t 10_ Block 4 of Aloha Addition to Spokane County, State of Washington, and Lot 17, Block 6 of Castle Addition to Spokane Ctiunty, State of Washington, as set forth in the DEED- IF GIFT dated December 11, 1972, and WHEREAS, the County is intercepting and connecting the Subdivisions' sewer collection systems to the County general sewer system and abandoning the Subdivisions' sewage treatment and disposal facilities and WHEREAS, the County is willing to assume the responsibility of taking the Subdivision sewer treatment and disposal systems out of service on the terms and conditions hereafter set forth, and NOW ' VOL. 1176 PAGE 1118 •• 1. The Developer agrees to relinquish all claims to the personal property now situated on the real estate described in the DEED OF GIFT dated December 11, 1972, including the collector lines or trunk sewers, disposal facilities, treatment facilities and pumping stations together with all equipment and installations appurtenant thereto. 2. The County agrees to take the Subdivisions' treatment and • disposal facilities out of service, remove the necessary personal property, remove sewage from the abandoned tanks • and level and fill the abandoned tank areas. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. • Robert S. Leavitt 'a�'• o , f i,tt Iona • H. eavi t • • SPOKANE C'• TY ATTEST: _l d ram E 14444_ , l-elk of the Board Furman of t :oar. o ounty ommissioners of Spokane County, Washington BY::[Ll1.1/v /,,1r.i ' ./• • leputy • Approved as to form: Deputy Prosecuting Attorney • • .�7/,.4.:x4-, . 565875C • r VD DIXIAMTION or RGSCPVATIa15, CccroITIOIGS AND RE.SPRICTIavw : /y, CASTLE ADDITION TD THE COUNTY OF SPOKANE, STATE OF 4RIS1ING'1 ��♦) 0� • 2 WHEREAS I£AVITI worn S, a Partnership, is owner in fee ■ 0 simple of certain real property, described as follows: �/ The Northwest quarter of the Northwest quarter 0° �v Township 25 North, Range 44, W,.W.M., ` of Section 33, N except the N 30 ft, except the West 30 ft and except that portion of Dishman Mica Highway through this /� property, Spokane County, Washington. D WHEREAS, the owner is desirous to declare of public record its intentions to create certain restrictive conditions and covenants to 7 the ownership of said property. NCFJ, THEREFORE, the first party does hereby certify and declare that the following reservations, conditions and covenants shall be- ca a and are hereby made a part of all conveyances of property witlhin the plat of CAME, as the same appears on the nap and plat thereof, recorded Sialy..2.,f/ 7/ , at page .,. , Book /c) , of Plat Records of,Spo,ane County, Washington, and that the following reservations and coven- ants shall by reference become a part of any such conveyances and shall apply thereto as fully and with the same effect as if set forth at large therein. A. The area covered by these reservations, conditions and covenants is the entire area described above. B. No noxious or offensive trade or activity shall be carried on upon ' any lot, nor shall anything be done thereon which may be or may . became an annoyance or nuisance to the neighborhood. C. No dwelling shall be erected, placed or permitted on any residential lot in said addition if the ground floor area of the main structure, exclusive of one-story open porches and garages, is less than eight . hundred square feet in case of a one-story structure, nor less than eight hundred c-care feet and a second story area of two hundred . ' fifty square feet in the case of ore.and one-half or two story • structure, nor shall any single family dwelling costing less than $24,000.00, including land cost, be permitted on any lot. • . . • L c P. No fence or hedge exceeding five feet in height shall be r- erected or placed or permitted to remain on any lot in said co addition. E. Na animal or fowls of any kind shall be raised or kept on any of said lots, excepting only dogs, cats or birds as household pets, if not raised or kept for sale. F. No signs or other advertising devices, except for rent or for sale signs shall be erected, maintained or displayed on any of said lots. G. No old buildings or structures shall be moved, placed or mainr • tained on any of said lots. H. No lot shall be used or maintained as a dumping ground for s rubbish, trash, garbage, or other waste shall not be kept, :. except in sanitary containers. All incinerators or other .. equipment shall be kept in a clean sanitary condition. • 1` f I. No structure of a temporary character, trailer, basement. tent, shack, garage, barn or other outbuildings shall be �_. used on any lot at any time as a residence, either tempos arily or permanently. • • J. All buildings shall be erected upon continuous concrete • foundations. All plumbing facilities shall comply with the requiranents of the Building Code of the County of Spokane, and no outside toilets shall be permitted. All • electrical wiring to pass Building Code of the State of • Washington. K. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them until • June 30, 1990, at which time said covenants shall be automat ically extended for successive periods of ten years, unless, • `ICED OP P.ECCROEO Jul. 23 1 25 PH 1311 -2- VEs' �NL�\D.A�9i•.'vi' SPOKASE C1/.O T5WASI& DEPUTY // /G�;� /2/;/ ?/ho! - f‘ie by vote of a majority of the then record owners of the lots, it is agreed to change the said covenants in whole or in part. L. If the parties hereto, or any of them, or their successors, heirs or assigns shall violate or attempt to violate any of the coven- ants herein, it shall be lawfull for any other person or persons owning any real property situate in said development or subdivision to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenants, and either to prevent his or them from so doing or to recover damages or other dues for such violation. M. Invalidation of any of these covenants by judgment or Court Order shall in no wise affect any of the other provisions which shall remain in full force and effect. • • N. No storm waters shall be discharged into the sanitary sewer system. • 7fikr Donald H. riaavitt, Partner STATE OF WASHINGTON e,•„- ) ss. COUNTY aF s On this day personally appeared before me, Donald H. Leavitt, to me known to be a general partner of-Leavitt Brothers, who executed the within and foregoing instrument and acknowledged the same instrument to be the free and voluntary act of said partnership for the uses and purpocc3 therein mentioned and on oath stated that he was authorized to execute said instrument for and in behalf of said partnership. Given under my hand and official seal this 7f day of April, 1971. IZT Public o.,1 Notary Publi c in and for the State of Washington, residing at Speiaeee • -3- i ' ? , .� N ) .L.1'171 CA 1:� AI. . ) 1 ,A; FI' DEPARTMENT OF PARKS AND RECREATION _,ice ,;, TELEPHONE 456-4730 rr tillsl' �1 �"" P���` 1 WEST 1115 BROADWAY AVENUE - .---) , f li,„„,„ •� ( ,J`,;. ',4 SPOKANE,WASHINGTON 99260 . 5 w SPOKANE COUNTY COURT.HOUSE August 8, 1988 Cox Cable Spokane East 1717 Buckeye Spokane, WA 99207 , To whom it may concern: Permission to run a television transmission line across Cast♦ l park; a Spokane County property, is granted to Cox Cable Spokane. It is my understanding that the line will be laid 18 inches deep, along the Park' s northern border, _just inside our chain link fencing, between University and Van Marter Roads. The line should be staked to provide us with specific location information so that we may install an irrigation system in the near future. (AS- rely,�/� (/ / _ D:Ango�re & Recreation Director _`�'-:1 AA:s r • • • it)/ Ptn. of 33542-1517 Parcel No. 19 . Project No. CRP 2299 Eng. Sta. From 16+66 • To 19+55 SPOKANE COUNTY ENGINEERING DEPARTMENT Spokane County, Washington INTER .DEPARTMENTAL AGREEMENT SIN THE::MATTER OF CASTLE PARK/UNIVERSITY ROAD, ROAD NO 1504, SPOKANE COUNTY PARKS 'DEPARTMENT, Grantor(s) of Right of Way in Spokane County, Washington. Documents for a Right of Way for Public Works purposes over property described in said documents have been delivered to Sherman Johnson, Right of Way Agent, as escrow agent, with instructions to deliver said documents to the County Engineer's Department.- On delivery to the Spokane County Engineer's Department, a copy of this agreement properly executed by the duly authorized representative will be returned to the Director of the Spokane County Parks Department. In consideration of the foregoing. and other considerations hereinafter set forth, it is- mutually agreed by the parties hereto as follows: 1. All work performed under this agreement shall conform to all applicable laws, ordinances, and regulations relating to such work, and shall be done in a good and:workmanlike manner. 2. All structures, improvements, or other facilities when removed and relocated or reconstructed by the Department, its Contractors and/or Assigns shall be left in as good a condition as found. • 3. NO ' work, improvements, alteration, .or maintenance by the Department, its Contractors and/or Assigns will be performed other than that provided for in this.agreement. 4. In full, complete, and final payment and settlement for the title or interest conveyed or granted, as fully set forth in the aforementioned documents dated J�c. ry -34), 19g , Spokane County, its Agents and Assigns agree to the following: 5. Spokane County Road Department agrees to compensate Spokane County Parks Department for 3,215.14 square feet of grass sod @ $.20 per square foot totaling $643.03. 6. . Spokane . County Road Department agrees to compensate Spokane County Parks Department for the _loss of eight (8) mature evergreen trees @ $275.00 a piece. 7. Spokane County Road Department agrees to initiate vacation proceedings on that por'tion 'of Greenleaf Drive No. 2365 lying Easterly of and adjacent to Greenleaf • County:..'Park, that will -be considered excess right of way by the Spokane County Engineer after completion of Greenleaf Drive CRP 2237 and Greenleaf Drive . Bridge Project No. 3715 in their entirety. This will be in exchange for Spokane County Parks Department donating 1,484.75 square feet of right of way and -.593.90 feet of permanent utility easement to the Spokane County Road Department in conjunction with University Road CRP 2299 improvement project. 8. Spokane.County Road Department agrees to install a minimum of four (4) inches of:> sand over the fill areas after the area has been fine graded and contoured. The: fill areas covered in this agreement' and shown on the official right of way plan contain a total area of 3,215.14 square feet. 9. Spokane County Road Department agrees to install a concrete curb drop and apron fourteen' (14) feet in width near and opposite 'Engineers .Station 19+25 on the .right side. All other existing driveway access areas will be abandoned as per the Spokane County Parks Department request. 10. Spokane County Road Department agrees to provide the Spokane County Parks Department 21`days: notice prior to any construction work and also agree to stake the slope areas sothe .Parks Department can relocate their sprinkler heads prior to the construction work. _Sp.okane County Road Department will not be responsible for the relocation of any sprinkler equipment existing on the premises. N ' • Grass sod 3,215.14 sq. ..ft. @ $.20 = $ 643.03 Evergreen trees: 8 @ $275.00 each = $ 2,200.00 TOTAL $ 2,843.03 • Total .CashSettlement $ 2,843.03 Distribution of Compensation: Payable within thirty (30) days after acceptance of offer -and 'approval by the Board of County Commissioners. The Grantor hereby agrees to allow Spokane County, its Agents, and/or Assigns permission:to perform work outside the Right of Way, as necessary, to perform any of the` aforementioned items. The parties have here set out the whole of their agreement. The performance of this agreement constitutes the entire consideration for the gran `'.of said Right of Way and shall' relieve the Department of further obligations or claims resulting from planning and ' construction of the : propo:sed project... IN WITNESS: WHEREOF; • I have hereunto set my hand(s) and seal(s) this 30th day of January, 1990. SPOKANE-- :. ' Y PA' . S DEPARTMENT e,- • Sam Ango e, Director .APPROV By _ ., • - c4., i�64..A,J Date /.—,i( i 0 , 1990. .Spokan ounty Engineer • STATE OF WASHINGTON ) COUNTY OF SPOKANE ) ss On this day personally appeared before me Sam Angove, personally known to me to be the individual(s) who executed the-foregoing instrument and acknowledged the said instrument -to be the free and voluntary act and deed of said individual(s), for the uses and purposes therein mentioned. i Given under my hand and seal this 30th day of January, 1990. // • • • ary 'ublic .,-Jj • In and for the Stat- of Washington, residing at Spokane, Washington. • N . • . ---- II'-- ---- .., .......... ........ ., ... ......, ...•... ,.. ,,.. ....... 5 ,... •• STA.14+19.55 = I.P. OF ..2. ---- b-112 UNIVERSITY,DISHMAN- .- ---- MICA & SCHAFER RD.S _..: , • cl 41,v. ..-- 1 STA.13+17.27 ./ r- / 1 ../ / STA.13+57.09 / N STA.1 '+44.94 7 TA 20 . .25 = / '" UNIVERSITY RD. I P. RAYMO i L. / -.---- .. To.. . CURVE DATA / • ../ 0 / R = 151.28' / ,.• \- -1&_ / A = • •.- 8'1 2- / 1 / .-.N 47 P. . STA714.90 . --11.061 A 0 4 . _5 i / STA. 0+9 r ....4 :(7+855* ST' 5+58.04 ....--•-•1- = 69-96' .T ritunii 25 0 25 0 .• "-- .TA.1.9 50.3: L 4•0 . - -A.:16+64.33 I A.A1 pi Pr' 8,r1 ° + •a3 0 .P1 I • ., 7 4s... 1 ...1.11mhi ,T, -,::: Alai - . - ‘14,1, , r- •.•,,„ —?‘5,, 0 1 74.. + ‘4 :amIroiAturimmi'isr 1 to - _ \_a i I ui -in o l'utb.-- u PI I iz. — N.2'4.9"57"W "..; lf,' . 1,, ■-) P.) LO —12.777.: it_ ..,==--„:7-7.,;,.;„-,.1-:,-::,;..-,4--; 7 = ..----:--.....----t--.-.... ,,R",r,i.g..■■1/4 x - /aff.--:- • L., . 0.,,. 0 milerl4 4 25 25' . .. -....... ::, - 00 . ., =rail <p ''19"E. ST' 20+72.17 19 Id rt ,,,- . .. STt-N 20+87.13 2504 STA. _____4A. • , . , .-'-' " ' ' '- : . ' ' to ..- 1'. . • ' , . (....---. ,,' '-J.. . /----- -- , - - , ... , Right of way acquisition area. .... 1 1:. Construction fill area. 1 I.: , . ..... _ : a j ( . _. . .......... , .. . \-. 1 1 --- \ 0 0 0 , I I , 0 0 F ISSUED BY TRANSNATION TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE • Transnation A LANDAMMERICA CO IPANY , lens,encumbrances,artverse claims or omer maaefs' (a)whether or not recorded in the public records at Date of Policy,but created,suffey (b)not known to the Company,not recorded in the public records at Date of Policy,C prior to the date the insured claimant became an insured under this policy; (c)resulting in no loss or damage to the insured claimant; (d)attaching or created subsequent to Date of Policy;or r (e)resulting in loss or damage which would not have been sustained if the insured clai' Unenforceability of the lien of the insured mortgage because of the inability or failure o; comply with the applicable doing business laws of the state in which the land is situater. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof,wI consumer credit protection or truth in lending law. Any claim,which arises out of the transaction vesting in the insured the estate or inter operation of federal bankruptcy,state insolvency or similar creditors'rights laws._, Transnation Title Insurance Company, an Arizona Corporation, herein called the Company, for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the exceptions and conditions and stipulations shown herein,the Exclusions from Coverage,the Schedule B exceptions, and the conditions and stipulations of the policy or policies requested. (See reverse side of this cover and inside of back cover for printed Exclusions from Coverage and Schedule B exceptions contained in various policy forms.) This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsements and is subject to the Conditions and Stipulations on the back of this cover. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. IN WITNESS WHEREOF, TRANSNATION TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. NOTE:THE POLICY COMMITTED FOR MAY BE EXAMINED BY INQUIRY AT THE OFFICE WHICH ISSUED THE COMMITMENT,AND A SPECIMEN COPY OF THE POLICY FORM (OR FORMS) REFERRED TO IN THIS COMMITMENT WILL BE FURNISHED PROMPTLY UPON REQUEST. TRANSNATION TITLE INSURANCE COMPANY. 4.,,,,t. ,- By: U/�-�-/ t-t ���I� _ �NCORPOR�Tfp w- /1111 n� President y f SEPT 16,1991 !0 Attest: RIZONt` j' WIN110•1 Secretary Commitment-WA Cover Form 1004-250 (3/93) ORIGINAL L"a ''t-- Parcel: 45332.1517 Owner: SPOKANE COUNTY Nc3CoOwner: 00. J IS UM 4 I I 1 4 - f 1 L 1 f Owner Address I 404 N HAVANA SPOKANE WA 99202 oil Site Address 0 ADDRESS UNKNOWN SPOKANE Q C____ I ii, • 33td NEC Legal Description CASTLE ADD LT 17 BLK 6 EXC CO RD �itrrrM 1011 0 41 itti'�� i+�9%%`i+ii�Oi a. g+�,s�9p (.' f !j- u) iir \ . • Notice: This is not a legal document. Data depicted on this map is general&subject to constant revision. It is intended for reference use only. Legal documents should be obtained from the appropriate agency. TRANSNATION TITLE INSURANCE COMPANY 105 WEST 3RD AVENUE SPOKANE, WASHINGTON 99201 (509) 922-2222 /FAX 926-1519 PREPARED FOR: CITY OF SPOKANE VALLEY ATTN: BILL 11707 E SPRAGUE STE 106 CC: JOHN RILEY, ATTY ORDER NO: ME-259351 RE: CASTLE PARK(P03075) SUPPLEMENTAL TITLE COMMITMENT NUMBER: 1 ATTENTION: This Supplemental contains changes which impact title to property set forth in the above - referenced commitment. SCHEDULE "A " : X The legal description is amended as follows: Lot 17 in Block 6 of CASTLE ADDITION, as per plat thereof recorded in Volume "10" of Plats, page 25; Excepting therefrom that portion of said lot 17 dedicated for road purposes by Resolution No. 90-0185, recorded February 26, 1990 under Auditor's File No. 9002260309. Situate in the County of Spokane, State of Washington. Except to the matters reported hereinabove, the title to the property covered by this order has NOT been re-examined. Dated as of April 28, 2003 at 8:00 A.M. TRANSNATION TITLE INSURANCE COMPANY By Michelle Erwin , Title Officer TRANSNATION TITLE INSURANCE COMPANY 105 W. 3RD SPOKANE, WASHINGTON 99201 (509) 922-2222 Fax (509) 926-1519 Prepared for: / CITY OF SPOKANE VALLEY Michelle Erwin, Title Officer ATTN: BILL merwin @landam. com 11707 E. SPRAGUE - STE. 106 RE: Order No. : ME-259381 Customer Ref : P.O. 3075/CASTLE PK SCHEDULE A EFFECTIVE DATE: March 11, 2003 at 8 : 00 A.M. 1 . Policy or policies to be issued: Amount (a) ALTA Owner' s Policy $100, 000 . 00 Premium $500 . 00 Tax exempt (Standard) Proposed Insured: CITY OF SPOKANE VALLEY. 2 . Title to fee simple estate or interest in said land is at the effective date hereof vested in: SPOKANE COUNTY, a municipal corporation, per Deed of Gift recorded February 23, 1973 under Recording No. 7302230114 . 3 . The land referred to in this Commitment is situated in the County of Spokane, State of Washington, and described as follows : �*� Lot 16 in Block 6 of CASTLE ADDITION as per plat thereof lU recorded in Volume 10 of Plats, Page 25; EXCEPTING THEREFROM that portion of said Lot 17 dedicated for ( �1 road purposes by Resolution No. 90-0185,recorded February 26, b 1990 under Auditor' s File No. 9002260309; ' Situate in the County of Spokane, State of Washington. END OF SCHEDULE "A" ********************************************************** THE FOLLOWING INFORMATION IS PROVIDED FOR CONVENIENCE ONLY: (Parcel No. 45332 . 1517) [Abbreviated Description: L17/BLK2 CASTLE ADD] Page 1 of 4 A Order No. ME-259381 SCHEDULE B REQUIREMENTS . Instruments necessary to create the estate or interest to be insured must be properly executed, delivered and duly filed for record. EXCEPTIONS . Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. A. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment . B. Standard exceptions set forth in inside of back cover. C. Special exceptions : 1 . Real Estate Excise Tax pursuant to the authority of RCW Chapter 82 .45 and subsequent amendments thereto. As of the date herein, the tax rate for said property is 1 . 78% . 2 . General taxes, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent on May 1; 2nd half delinquent on November 1) Tax Account No. Year Amount Billed Amount Paid Principal Balance 45332 . 1517 2003 $174 . 00 $00 . 00 $174 . 00 (The above taxes include Aquifer Protection and Stormwater fees) 3 . The land herein described is carried on the tax rolls as exempt, however, it will become taxable from the date of execution of a conveyance to a taxable entity and subject to the lien of real property taxes for the balance of the year 2003 . Tax Account No. : 45332 . 1517 4 . Liability to future assessments by Model Irrigation District No. 18 . 5 . ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE RECORDED DOCUMENTS OF THE PLAT OF CASTLE ADDITION, IN VOLUME 10 OF PLATS, PAGE 25 . RIGHTS OR BENEFITS, IF ANY, WHICH MAY BE DISCLOSED BY THE RECORDED DOCUMENT (S) ABOVE AFFECTING LAND OUTSIDE THE BOUNDARY DESCRIBED IN SCHEDULE A. 6 . Covenants, conditions and restrictions imposed by instrument recorded on July 29, 1971, under Recording No. 565875C, including but not limited to rights or benefits which may be disclosed affecting land outside the boundary described in Schedule A. Page 2 of 4 A Order No. ME-259381 7 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE : Pacific Northwest Bell Telephone Company, a Washington corporation PURPOSE : Underground communication lines and above ground closures and other appurtenances; with right to keep clear and right of ingress and egress AREA AFFECTED: This and other property DATED: August 29, 1964 RECORDED: September 9, 1964 RECORDING NO. : 46974C 8 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE : The Washington Water Power Company, a corporation PURPOSE: Electrical distribution line and associated fixtures; with right to inspect line and to remove brush and trees AREA AFFECTED: Place 1 anchor on East line of Southeast corner of following described property: South half o the Southeast quarter of the Northwest quarter of the Northwest quarter of Section 33 , Township 25 North, Range 44 East, W.M. DATED: August 29, 1964 RECORDED: September 9, 1964 RECORDING NO. : 46974C 9 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: The Washington Water Power Company, a corporation PURPOSE : Electrical distribution line and associated fixtures; with right to inspect line and to remove brush and trees; Place 1 anchor on the East line in the Southeast corner of herein described property AREA AFFECTED: Exact location not disclosed DATED: July 25, 1967 RECORDED: August 18, 1967 RECORDING NO. : 313395C 10 . BEFORE THE BOARD OF DISTRICTS OF MODEL IRRIGATION DISTRICT NO. 18 AND THE TERMS AND CONDITIONS THEREOF: RECORDED: October 1, 1971 RECORDING NO. : 578378C REGARDING: Furnishing water to properties Page 3 of 4 J Order No. ME-259381 END OF EXCEPTIONS INVESTIGATION SHOULD BE MADE TO DETERMINE IF THERE ARE ANY SERVICE, INSTALLATION, MAINTENANCE OR CONSTRUCTION CHARGES FOR SEWER, WATER OR ELECTRICITY. IN THE EVENT THIS TRANSACTION FAILS TO CLOSE, A CANCELLATION FEE WILL BE CHARGED FOR SERVICES RENDERED IN ACCORDANCE WITH OUR RATE SCHEDULE. NOTE 1 : This property may be subject to a charge by Spokane County for sewer construction, referred to as a Capital Facilities Rate (CFR) . This charge is in addition to the monthly charge for sewer services . Please contact the Division of Utilities Billing Section for information (509) 477-3604 . NOTE 2 : According to the application for title insurance, the proposed insured (s) is/are City of Spokane Valley. We find no pertinent matters of record against the name (s) of said party(ies) . NOTE 3 : Property Address : Castle Park. For verification of address, please call the City Public Works Department at 625-6300 or the County Public Works Department at 477-3675 . NOTE 4 : Transfer to be made pursuant to statute . NOTE 5 : Unless otherwise requested, the forms of policy to be issued in connection with this commitment will be ALTA 1992 policies, or, in the case of standard lender' s coverage, the CLTA Standard Coverage Policy - 1990 . The policy committed for or requested may be examined by inquiry at the office which issued the commitment . A specimen copy of the policy form(s) referred to in this commitment will be furnished promptly upon request . ENCLOSURES : Paragraph (s) 4 - 10 Vesting Deed Sketch sac Page 4 of 4 4.. 1 n Ai ' k� _ ,,, T{ ' *` ._ rasp I Y7,/a IMIf/VYY !`;44s., x..._.._ 4 Y'v..„44.'.N.41.4'. f t: ..a'•r•`1...',A.,0`� ••" __....._• 4,.- r•, •. L ,L- �x s 2 { •: ,4, r t �. y ;‘,,E'',•• ,. ,:V,,. ,1,43‘, '� •-� �� ; `" �... yoi. 153 PAGE 1854 J�. nh>; JT � 4?..-.4••, •r y t ...'. r _ ,,0 C .y . 1£ r 't ''e}i,/,, °a 4•. . =�C 4. .:1 ~'1 . .-- ..7 f+,y: i •: : Tg, r ' 'The Grantors, FAVI'IT'BAOR , a W�shirx�bogiY P 430�- . it si$tinq;of Aobert S. Leavitt, Hax4 rd.J.r lea<ritt`�,may.{ eav tt and • \lc Doal$ . Le$vitt pf405 Pin , Seattle,lgotimty. df Rj ae o fW :' *9.' 1 _ � Y $ cn c SpOtOo�. '4 a ,pel,c poratib of e vey and diit a : k ., • n• .. '• •Staii:V.of ;;ashingtOny all',interest now owned!for•rlElr •r T lC 1 1 • as ,hereaf ` 'reset ed,.c. •the la.': ig descx ied r "estate'" itu • t R n Ca thQaty-le•spokane �t re of ash1ngtOn h..i. , :Y i e .State of W -1 • ° -17, glai ;.•6 t�f i e j i ;; " ,,, : - .•r . .•.Addition•.to 4 •o m ;state'of,' - -,....L. } f 'r 4i 1 '• `'I#�a Grarit ra Lve•t0 , i t 'D. `°tight,-4 title 1 ^ .•44• f � f M ^yam'+ �•:. fmpzoir mit8 TfoWys3;tl ....CO the. 'a12Ov-dOscribed lx?h8tliet ,1'' : . with all' pment andi installatians ap tenant t2 to, ,flier ' 14d1$, 4,14 Wye lii-inn 3]!S if if &j,r tErkli1t Ltlw.Ct3, the'CbU{3Ctor'.131ms• the .acs up to the site of fhe treatnt ad n disospal .facili7•it tim erected land;tes aid e n r 1 ' .7.....:.i'''....,:;;; ;:-;•• 'S ., .: i t, -• r. •4 # tr { x 5 > .•yh.""i. " � it 'abe fs ± t� '__lveS a . n he . • ti The Grantors I I . described real.•estate ! t-of:3x)gresIV: • egress hereto .. x• s •, ,i • �'`J b'' 4' ery t stit k re.quF • poe 1 f•;iiispg a Ctiter. bassavi e „..• fk ' X C r `.-4 ' •'!'....' S ,..:.:''.,:‘,.,.*••�. G a , I L `*hiQ Dee i$ tQ Lpa e a ltilp a r• tie tot @•Grantee p ; ailtOri�Y pr •1 v „ 11tL1L I1tQI-3t fT- L• ,,;,31t�..h1u`r ` •• • •1 • •w •-•' , I .x. 1•. ti ,v; -.1Crp� n • _ '.1 Tf'�t}H.7 .• ',.Pi •_ .'j • tr I r • _1 • r ` ry + kc. rl. '`•r At t`' if 1 �! 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Irr ? _ t :1.7,:e..'", T - r t ;' �,4 t y.`g :SIiZ Qt .:::: \ ';•:' >Ir f J,• ,pe.- 1 ijF.. +.,;i ...• ::'Ys.+ws 3''+ - •A i Jj ? ,.k • ;.1,,=3k.-s �.4 Y,tl •t't^ r Yk^ f ,�p� :: ki• A '� ? 1 °a.t�) .y t}.h s~�,r ♦ •4G' y.r^ Y;' f'l 2 iii i:••. l• �c t: t V ' .•( •qr• .'• °', j y, y ti ,}Ja f • 7yF'.t • x Y a �i'•• ... • t,Nt .� i. rf Y ♦ :Z • t f uo.o p'•,s DEO- w y .y w a M1 *•• A „..k.....� 1y > r x•• •• • • • ' rtv i y`; s < ,,� ..t 'l� ti j.n; y i „.`. F La' �+ nr /►1� V " a r ...:; '".,0'1.1 ;d tt t ' 4 rt4 t( . 1SJ � r. • • ff i .1 r M..641 _ ii.0. 100/-360.4-8. .. __. ' — —t — 313395C �'/ / • -RIGHT OF WAY EASEMENT F' oo . Ii _ JaeabOlsen_and Moira Olsen,_husband and ,rife___ __ ; 40 icn _ _....»_._E: B. Schulr� as his sole and separate property _„ , ,,,_ ,..__ ..._..»_ ~ hereby grant convey....—. and warrant....—. to THE WASHINGTON WATER POWER COMPANY, ; a corporation, its successors and assigns,the right to erect,construct,reconstruct and maintain an electrical ti distribution tine consisting of wires, poles and associated fixtures, to be located over, along and across the ! i I t following described property in..._....__......»$.Pang.._....•»_»..»..County, State of Willb ll&t,9a._......-. ; . Ff to•wit: ..........»»». »»_......».....»..._.».» ».......»........ : .!? .asnaIb t ...d...tha..muth suLt_qualm oL..thfua2r..thmoit.quart• r..t.th9 ..».x. ztktwesG.QeAr er...iSLr llia—g_action Tki lCtrz t•hree...D.W.a..Toung .»»»»., eiit. ',i v (25 Vart1 ze 'o}ty_four E.W.M.},»S„pokan.?,Count:+a__ — Va q})i nztsm., _ _ ................ . .......... __ _.. . ---................A0 It. is understood and need that said easement covers the right to place one (1) anchor on the oast line in the southeast corner of the above described � t i » .. »._...»_...._...._.». ».». i » _ .»...... ._.»......»...._..-._» ......_..........._...........»..» l together with the right to inspect said line and to remove brush and trees that may interfere with the con- struction,maintenance and operation of the same. ■•• No monetary consideration or consideration of monetary value has been given for the rights herein conveyed. .. .. . ��, r — hand.:44his .:_.... .... 19.1x.. ' . , Witness.._»..,.._.»_.. .».. .. day of ...... y i STATE OF__..........: —. County of • 1 . On this day,before me,the undersigned,a notary public in and or said ty and state, personally i appeared �-P-'.. :» ..... ..,r�l!„ •• »._.,, .— -.�',�"r Q'rs..4-i 1 ,... i fi to me known be the individual.c2 descri. d in and who ed the within instrument,and acknowledged 1 Itt that......._......___. ----signed and sealed the same as execut e4�free and voluntary act and deed,for the i uses and pu sea therein mentioned. • . _given under my hand and official seal this........-...>3..4 of ..»....r.'c D..1942 ; 1 + P PECDE4 • FILED 0 UR 57t3378Cr pEC� , :T .:•�w . I.` Qe 1 1 03 PM 111• E8 BEFORE THE BOARD OF DIRECTORS OF “ ht MODEL IRRIGATION DISTRICT NO. 18 51.0x411E COUNTY.WASH.;,. DE4UTr ./!%ill<l,v ...h./.acre mrefd1. In the Matter of Petition ) ORDER INCLUDING LANDS AND fl'• for. Change of Boundaries ) REDEFINING BOUNDAIRES OF ) THE DISTRICT This matter coming on regularly for hearing on the petition of Jacob K. Olsen and Moira C. Olsen, husband and wife, forinclusion within the boundaries of Model Irrigation District of a certain body of land described in said petition, and the Board of Directors of said district having considered said petition and the evidence introduced in support thereof and being fully advised, now, therefore, IT IS BY THE BOARD OF DIRECTORS OF SAID DISTRICT FOUND: 1 . That said petition was filed with the Board of Directors of said district January 8, 1971 and said petition is regular and sufficient on its face. 2. That said petitioners , Jacob K. Olsen and Moira C. Olsen, husband and wife, are the holders of title or evidence of title to the body of lands described in said petition executed by them, and hereinafter described in this petition. Said body of land is adjacent to the boundaries of Model Irrigation District and the lands are contiguous and constitute one tract of land. Also interested in said lands as developers thereof and eventual purchasers from said petitioners, Jacob K. Olsen and Moira C. Olsen, are Leavitt Brothers, a co-partnership, two partners of whom are Donald H. Leavitt and Leroy J. Leavitt, and said Leavitt Brothers has heretofore indicated their approval of said petition and their desire that said lands be annexed to Model Irrigation District. 3. That upon the filing of said petition with the Board of Directors of this district, this board caused Notice of Intention as to Change of Boundaries to be filed with the Spokane County Boundary Review Board on January 13, 1971 . The Spokane County Boundary Review Board thereafter invoked the Board's jurisdication and hearings were held by the Spokane County Review Board on said proposed annexation on April 14, 1971 and June 23, 1971 . On June 23, 1971 the Spokane County Boundary Review Board entered an order approving the annexation to this district of said lands hereinafter described in this order. 4. That on June 22, 1971 , a resolution was made and entered herein accepting the filing of said petition, and subject to approval of said annexation by the Spokane County Boundary Review Board, setting this time and place, Tuesday, July 27, 1971 , at 7:00 P.M. at the office of the district, S. 1506 Pierce Road, Spokane, Washington, for hearing said petition, and directing that notice of said hearing be given. m..w�.4. e•MRry'ww1i+'ww.+an°a'w*w"""i*1!"."_,., ......,.. ,....+..--,.,.+^•.-.e-• �e^a•�•s•'•�, +t k9"rc+' , - ...—.... C-3 -4 Pursuant to said resolution notice of this hearing of said petition has been published in the manner and form and for the time required by law as shown by the affidavit of publication on file as part of these proceedings. 5. That this hearing has been held at the regular meeting of the Board of Directors of said district next after the expiration of the time for the publication of said notice of hearing. 6. That no objections in writing or otherwise have been ,presented t0 the board at this hearing or at any time whatsoever showing cause why the prayer of said petition should not be granted or why the proposed change of boundaries of this district as prayed for In said petition should not be made. 7. That said lands described in said petition can be furnished with water from the same source as the lands already in the district and it is to the best interests of the district that the lands des- cribed in said petition and hereinafter described in this order be included in the boundaries of this district under the conditions herein specified and that the boundaries of said district be changed to include within the district the lands described in said petition. NOW, THEREFORE, IT IS BY THE BOARD OF DIRECTORS OF MODEL IRRIGATION DISTRICT NO. 18, RESOLVED AND DETERMINED: 1 . That said petition of Jacob K. Olsen and Moira C. Olsen, .. husband and wife, is hereby granted and the lands described in said e' petition is included within the district subject to the following terms and conditions, to-wit: (a) The district shall have no obligation to furnish separate irrigation water service to said lands or any part thereof, and any irrigation water service to said lands shall be solely through an underground. pipeline distribution system and all water service to • said lands shall be delivered through said pipeline distribution system and metered and charged for at the rates for domestic water service charged generally by the district. (b) In order to provide for water service to said lands petitioners, at their expense, will be required to install the following: (1) A 12-inch main connecting to the district's wellsite at 30th and Pierce Road, and thence extending south -on Pierce Road to 32nd and connecting there to the district's existing main on 32nd. (2) A 10-inch main on Pierce Road connecting with the district's existing 10-inch main on Pierce Road at its present point of termination near the southwest corner of Aloha Addition, thence ex- •• tending south to the southeast corner of the lands hereinafter des- cribed being annexed to the district by this order. -2- t-1 (3) . All interior pipelines and mains within the lands w hereinafter described in this order, together with all exterior looping pipelines and mains around said body of lands, as may be required for the proper utilization of the 10-inch main on Pierce Road and for proper distribution and circulation of water within the body of lands herein described. (c) All of said mains and pipelines referred to in the preceding subparagraph shall be installed according to the standards of the district and shall comply with specifications established by the district and shall meet the inspection and testing of the district' s representatives prior to being covered and installation completed. Installation of all of said mains and pipelines shall include such fittings, including valves and tees, as may be specified by the district, and none of the mains and pipelines shall be less than six inches in diameter. All costs pertaining to the installation of said mains and pipelines, including pipe, fittings and labor, shall be paid by petitioners or Leavitt Brothers as the developers of said lands forthwith upon installation and petitioners and developers shall permit no charges to be unpaid pertaining to the installation of said mains and pipelines and shall furnish evidence to the district that all charges pertaining to said installation of all of said mains and pipelines described in subparagraph (b) have been paid. All of said mains and pipelines described in subparagraph (b) must be installed as a condition precedent to any part of said lands receiving water servic and until all of said mains and pipelines have been installed free and clear of liens, obligations and encumbrances, no part of said lands shall be entitled to water service. Upon the installation of said mains and pipelines and the furnishing of proof to the district that all costs have been paid and that the same are free and clear of all liens, obligations and encumbrances, and upon compliance by petitioners and the developers with all other conditions of this order, all of said lands described in this order thereupon shall be entitled to water service from the district and all of said mains and pieplines there- upon, without the necessity of further instruments of conveyance being executed, shall become the sole property of the district and subject to this district's exclusive jurisdiction and control , without any obligation on thepart of the district to make reimbursement to any person or persons whomsoever for any part of said mains or pipelines and thereafter all of said mains and pipelines shall be maintained by this district at its expense. (d) Individual service connections to provide domestic water service within said annexed lands must be made in accordance with the specifications and rules of the district. All service lines -3 - - r..,J.+.,r:rM...,,.:.,.��.�c ...,'a.....�i.raw..�r4�...i.)...r W7il•4r+i�1w•T.+1tl�►aMi.+wrl, iY .r.�w... 7e1; 7,Key { n --1 likewise must be installed in accordance with the specifications and 4 • rules of the district. Each individual water user having a connection made for service to his property will be required to pay all costs of the connection and of the installation of the service line for the connection, including labor and materials. In addition, for the purpose of placing the annexed lands on a basis of equality with lands already in the district and in addition to the contribution being made by said lands through the installation by the petitioners or the developers of the mains and pipelines described in subparagraph (b), each individual owner having the connections made will be required to pay a connection fee to the district at the time of the making of each domestic water connection within said lands herein described. Said connection fees shall be at the following rates: (1) For single family residences, $75.00. (2) For duplexes, $75.00 if only one tap Is made for the connection and $150.00 if two taps are made for the connection. (3) For fourplexes, $150.00. (4) For each of the three apartment houses to be constructed. on Lot 1 , Block 1 of Castle Addition, eachapartment house being allowed a 3-inch service line and a 3-inch meter, a connection fee of $675.00. Said meters shall be of such make as designated by the district. (e) For each connection referred to in subparagraph (d) the actual cost of the connection and the connection fee specified shall be paid in advance before the connection may be made. Except for the apartment houses referred to in subparagraph (d)(4) the maximum size connection which any landowner will be allowed to make to the annexed area will be a 1-inch connection. (f) Petitioners shall pay all costs of these proceedings, including filing fees, publication fees, recording fees and attorney's fees re- lating to these proceedings and to the proceedings before the Spokane County Boundary Review Board and to the negotiation and execution of a water service agreement between the district and the developers of said lands, as a condition precedent to this order becoming effective. All of said costs shall be paid before any of the lands herein des- cribed shall be entitled to receive water service. (g) Effective upon the installation of said mains and pipelines as referred to in subparagraph (b) and the payment of said costs as referred to in subparagraph (f) , the lands hereinafter described shall be a part of the district, subject to the same obligations, assessments and charges and entitled to the same rights as lands already in the district, subject to the conditions of this order and subject to the provision that the district shall not be required at any time to increase its mains for the purpose of providing greater quantities and pressure of water to said lands than may be furnished through the mains to be installed by the petitioners and -4- t m iiiW. .._. . .i... . .. .... � .. ....:! .. .. .. • // t • • developers as referred to in subparagraph (b), and with the further provision that said lands shall not be subject to assessment on an • acreage basis for irrigation water service inasmuch as all water to be received by said lands will be metered and paid for at domestic water rates. Such rates shall be as established by the district for services generally throughout the district, including a special schedule for apartment house useage. (h) That said lands shall be entitled only to water service from the district and no other service, it being understood that the district will not be responsible for furnishing or providing for the operation of any sewage disposal system to serve the lands in said Castle Addition.; 2. That the lands hereby includedin the district are situated in Spokane County and are described as follows: / The Northwest Quarter of Northwest Quarter of Section 33, Township 25 North, Range 44 E.W.M. "1 Spokane County, Washington. 3. That the boundaries of said lands hereby included in the aistrict are the exterior boundaries of the said lands described in paragraph 2, and the boundaries of Model Irrigation District, and specifically that- portion of the existing boundaries Which reads . as follows: ". . thence south to southwest corner of said Section 28; thence east to northwest corner of North Half of Northeast Quarter of Northwest Quarter of Section 33, Township 25 North, Range 44 E.W.M. ; thence south to the southwest corner of the North Half of the Southeast Quarter of .the Northwest Quarter of said Section 33; thence east to the northwest corner of the Southeast Quarter of the Southeast Quarter of the Northwest Quarter of .said Section 33; thence south/tlie east-west center line of said Section33; thence east to the north-south center line of said Section 33; thence north along the north-south center lines of Sections 33 and 28 to point east of point of beginning." be, and the same are hereby changed, amended and established to include within the boundaries of Model Irrigation District, the body of lands hereinabove described, and the new boundaries of Model Irrigation District at the point in question and so as to include within the district the said body of lands, be and the same are hereby described as follows: " . thence south to the southwest corner of said Section 28 and continuing south to the southwest corner of the Northwest Quarter of the Northwest Quarter of Section33, Township 25 North, Range 44 E.W.14. ; thence east to the southeast corner . of the Northwest Quarter of the Northwest Quarter of said Section 33; thence south to the southwest corner of the North Half of the Southeast Quarter of the Northwest Quarter of said Section 33; thence east to the northwest corner of the Southeast Quarter of the Southeast Quarter of the Northwest Quarter of said Section 33; .thence south to the east-west center lines of said Section 33; thence east to the north-south center line of said Section 33; . thence north along the north-south center lines of Sections 33 and 23 to point east of point of beginning." -5- • • J 0. �_,•__•r .. .. ... ..• . a 7A., i1e_.% . o 4. That nothing herein contained shall be held or construed to 4 modify or amend the existing and established boundaries of Model 2 Irrigation District except to include within said boundaries the body of land hereinabove described in paragraph 2. Done at the regular meeting of said board this 27th day of July, 1971 . _..4/t'Ct=:t C e. -l2-1-t, 0-e--7) L 1T.f! 71.GZ 1 lov.-01-eirir>a tors aaf sir Model Irrigation District No. 18 L/I!tte • Secretary / STATE OF WASHINGTON ) .ss. CERTIFICATE . County of Spokane ) We, the undersigned, ELDEN C. WIGEN and KERMIT M. RUDOLF, the president and secretary, respectively of the board of directors of Model Irrigation District, Spokane County, Washington, do hereby certify that the foregoing Order and Resolution Including Lands and Redefining Boundaries of the district was duly and regularly passed and adopted by said board at a regular monthly meeting of said board held at the regular meeting place of the district and of the board of directors of the district on the 27th day of July, 1971. l� . L (�c%�E .2: t F.res e 2141 s cre a Copy of the foregoing Order and Resolution Including Lands and Redefining Boundaries of Model Irrigation District received this day of , 1971 . upefvisor of Appraisals - . Copy .of the foregoing Order and Resolution Including Lands and Redefining Boundaries of Model Irrigati •n 'is rict received this i / day of / _ , 1971 . ilir Ale ._<� � ►-r o :oar. o ounty omm ss oners Spokane County t t B • -6- • CASTLE ADDITION Restrictive covenants, reservations and conditions referred to in Policy No. of the Transamerica Title Insurance Company, which are imposed by the dedication of the plat of CASTLE ADDITION, as per plat thereof recorded in Volume 10 of Plats, page 25, and by Reservations, Conditions and Restrictions, Castle Addition to the County of Spokane, State of Washington, dated April 29, 1971, recorded July 29, 1971, as Document No. 565875C, are as follows: No more than one single family detached dwelling structure or one duplex 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, except Lot 1, Block 1, which is hereby dedicated for multi- family structures. Lot 17, Block 6, shall be used primarily for a sewage treatment plant and appurtenances, to serve only the properties in "Castle Addition." Additional uses not conflicting with this primary use are acceptable to the plattors. Lot 11, Block 7, Lot 12, Block 7, and Lot 6, Block 8, being one foot wide and lying as shown hereon are hereby dedicated to Spokane County as general county property to be deeded for road purposes forever when road is continued as full width right of way or remaining half of street is dedicated for road purposes. Lot 1, Block 1, Lots 4, 5, 11, 12, Block 2, shall not have direct access to 32nd Ave. Domestic water shall be provided to each lot prior to sale. Domestic sewage disposal service shall be provided each lot prior to sale. A. The area covered by these reservations, conditions and covenants is the entire area described above. B. No noxious or offensive trade or activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. C. No dwelling shall be erected, placed or permitted on any residential lot in said addition if the ground floor area of the main structure, exclusive of one-story open porches and garages, is less than eight hundred square feet in case of a one-story structure, nor less than eight hundred square feet and a second story area of two hundred fifty square feet in the case of one and one-half or two- story structure, nor shall any single family dwelling costing less than $24,000, including land cost, be permitted on any lot. D. No fence or hedge exceeding five feet in height shall be erected or placed or permitted to remain on any lot in said addition. E. No animal or fowls of any kind shall be raised or kept on any of said lots, excepting only dogs, cats or birds as household peLS, if “.,C raised :,r kcrt for sale. Page 2' CASTLE ADDITION • F. No signs or other advertising devices, except for rent or for sale signs, shall be erected, maintained or displayed on any of said lots • G. No old buildings or structures shall be moved, placed. or maintained on any of said lots. H. No lot shall be used or maintained as a dumping ground for rubbish, trash, garbage, or other waste shall not be kept, except in sanitary containers. All incinerators or other equipment shall be kept in a clean sanitary condition. I, No structure of a .temporary character, trailer, basement, tent, shack, garage, barn or other outbuildings shall be used on any lot at any time as a residence, either temporarily or permanently. J. All buildings shall be erected upon continuous concrete foundations. All plumbing facilities shall comply with the requirements of the Building Code of the County of Spokane, and no outside toilets shall be permitted. All elec- trical wiring to pass Building Code of the State of Washington. K. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them until June 30, 1990, at which time said covenants shall be automatically extended for successive periods of ten years, unless by vote of a majority of the then record owners of the lots it is agreed to change the said covenants in whole or in part. L. If the parties hereto, or any of them, or their successors, heirs or assigns shall violate or attempt to violate any of the covenants herein, it shall be lawful for any other person or persons owning any real property situate in said development or subdivision to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such cove- nants, and either to prevent him or them from so doing or to recover damages or other dues for such violation. M. Invalidation of any of these covenants by judgment or Court Order shall in no wise affect any of the other provisions which shall remain in full force and effect. N. No storm waters shall be discharged into the sanitary sewer system. J • ailliir S..I• 14•.41 SAM.$MT-SNOUT POo. t • I/ • • 4691740 , • ..•.4' en H • ;v •KNOW 'AIX.-MEN BY THESE PRESENTS: f %i--} � • • foe 0000 moo VALUASLS C*NSLOSRATIOM. RV.111T w$SACOI Is MLasa. ACIiNOWLSOGIO. TMs VhOiMIMKO /110s0Y ORANTS A rCRPCTU•L EASCNCMT TO I•ACIIIC MORTNWCST SCLL TOLPH0N[ COYPA4t. A WA+1t1N/TON COL OORATION. ITS SUCCLASORS AMP ASSIGNS. WsTN TMs RIGHT TO.�m Cs.CON}YRUCT.Or(1t*TS AKA MGYITi1N,MIS/eCT A OSCOMSTRUCT. RUrA1/1. RSPLACO AND UIUP CLLAA-..�j barlld_Q�1� —. WITS WIAS1. CASLSO."IATURSS AM0 Y►YRTIPIAMCO ATTACNSO TMSOC O. AS ?Kg ORAoTSI MA% "ROM TIN{S,TO TIMC RSOUIRI. HIOM. ACROSS.°VIM AMO.00tU�.NDDI*VMS INALOM/NS Dl_Ci10C POOICRTY SITUATSO IM soian. cowers,. era's or 's 1 tip. (5) toot vide strip of lard parallel and ad�ao.nt to the. . _ easterly right of way line of University load and the easterly (I' °,tiT • • }1 I: • right of way line of Dishaun•Mioa Road C.P.H. #53 and the . • • southerly right of clay lino.af 32n1 3tre.t in the northwest .9 21 quarter of the northwest quarter (R14-114) Section 33, Tomaship R a n g e 1/2 4 • a 1f Est 41 Tae RsltalE.i.N t ? &kr it�s.�j 1 ry . • . t, r 71, ' yes Al. ro Daft 6637 ,-.-, ...,7-,,......., YE7 Co.Tress 1 / ` r . ' swam SMALL AT ALL MISS NAYS 'SS A/ONT Or PULL AMO Sass NISa1SO TO AMS miaow"ROM OATS rsOrgaTT /ea ALL IURPOSSS NCRSIN MSNTIONSO. Also TO MOOTS AT Nov TINS.ANT 00 ALL Or rms. ,..-.�...... buried cable t Y/0/00 IN/ASS. CASUAL IQITURA AND ASIUITSMANCSO IIOM TMe sass IRO/saTY. wiTM TAW OMOOSTAMWMO TOOT SNANTAS SMALL Og 111111•001111111.4 1011 ALL UMNCCS1s T/ aK IT COMM" SAAMTO* ST TOO OSSRCIOO N TIN ON/MTS NM MIVILSGY Mum*SOANTIS• . TOO MSNTS. CONNTIONS ONO IROVIIIONO OI THIS OASp4CMT Soma& moms to was O •ir/T O• moo se wow INS woo TMs NIJOS. IAICUTOM. Acoomm SraATORS. GUCCI ONO *T MOS 1111, TMO 1141 .'IVO s+aav'i•M7os TS► be WITMSSS wasbio. TAI UNOrssISMsO 'ems I OCUTSD, sof INSTOUMSNT ions---- von,.... -' / / .. rllY 1 C ` COUNT,a a.S.eL.KR tie- i . • ` +'.• I { •• WI .Tq1 SAY rSUSONALLY ANSARCO 511001 on---,-._.4f�__S 4.� �„_BI�O • ���� �1a^a.T7j1r_E_�._.S.r Er 1.L I -3.a.s112__tIII L• ••V� m!;t iCttA .fl7i. S.S INOIVIOUAL,51*.Oi/case/0 IN MD•woo OiICUVIS TM1 •a.TNMI Amor /OOS5011W moms., m A!N Ni IItJ$l0,NAT.ZJs _..._.vomits TMs smog as _T.k' s.11C,,__. rug Air va..0 0T ACT • aMo.$ -.rth4iil(hjU ANO wOP*L0 TNIRCIM MSNJTIONIO. 0 r' /'Q '`4ig11► �+VwR o Aso concuss... L.this ` I L. 0mV w.--r lemee 1•1.i.2r .s..-.iSL<. ' ,w. .. — S.--3'5 '4 ' ' - -- ' -Ili-X1'1 :i ---'''--'; - '-','••r •'-,. _ . FwaHr OF WAY DUO -- o....fiv, r;".,A 1-1, •. 10 I I N THE MATTER of the...-1311TIRS../.11...ROAD-,. ! i t -.:...;;.•. - -, ., .- . i i .,•-•T,'.,- KNOW ALL MEN BY THESE PRESENTS, That.......-AL-24,-.1140.12. •; '',:sii, - ' 1- .• ' , , •-; ! i •=r,",,, and Eattiit..1.4aNde........--....................-.----.-...--....-..., his wife, of the County of Sixikade .. i ',:;•;,- ; • , .. : in the State of Washington, in consideration of the benefits and other valuable considerations, ESEMEnta=la 1 i •,.-... ,, . receipt whereof is hereby acknowledged, tuci...sttnatary.....acuud.d.erktion..hamizir,..been.-grants&o.t....r.teetimeet.) • ii r: ......_....- - . , have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell and convey unto said Spokane County, the following described parcel of land, situated in Spokane County, in the State of 1`,ashington, • : i I to-wit: • li 1 cwirmiciacir. _ zlizacixarm.....zigiaothunc.. ... ...... emcknisi ".. zer=rincrxecricaxwa—Tha....iukt....10.1.e..et...str.....thcliuLt...31.1,0 ..eLilkt s! /1/4 9f.the St 1/4 . I Of Sogli.04, 29 'Ike Vest 10 feet of the last 30 feet of the712-.1/14of the TT 1/4 -.— . .. :-. of..§ac.t.ioz-32....lxize,...utzth.-Cd_DIAbomaisiLlia.e.A. 4.,.44,. 1.11,.....Y..I.S.t....1c1._feet of tile ww 1/4 of . .., . ... .., 1 tha. n...I.A...._4 .uortluaLA■lus71(isA1121!-.4.....a.a11....1 •_...- __ . .........._. . , ' zatatalsoeccoar____,.... Towaship_---25.---.North, Range.--1-4.11.------;E.W.M.',1ii-,- ' - TO HAVE AND TO HOI,D the same, tun* the said Spokane County far the purposes of a public road torcver. In witness wberreof.--;.wat...._ .have hereunto set.......tretr...„.._.....-handa.:and teak-. this...26th._...... ...... . ,Lay of . Istirsusry....-...._.-..1_—_.. , i952.... - • . - -. 't I (SZAi.1 .? .'!' i i • • . i i f ' V.:ig:- ..':-,..sZ.. .C, i•II-(1, I:'4.E:,,L, , Nrfrf., t! .7,.,:'ri.d. Inuit...b.* sismoo to, bath ti,:labilaal 411+1 W114. ... „ ,,,...• d :: - -. -7-77-----7=---7---:::-- .----.------ -.-77":":... . 7 ::::7::::-.7. . --. ,..:. T T .-- -• - -----,- - -,i '-•'.. ".',.:•,`,' ,-,- • . •- --.-..-- -- , . , ., - .-",. , - ' . .:?. ' ' . . • , -• . , . . ' , • ., • , , , . . • . . . ` - `,''',' ' - - f• , ,.. • , :: • . , . . . . • — — T. T.Grant Attest:Frank J. Glover Carl W.Rudolf - County Auditor and Clerk H.A.Raymond of the Board of County Commissioners County Commissioners of Spokane County, Wash. BEFORE THE BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON No. '52-51 Cc-� Ol •In The Matter Of University Road County ) put.. CA,fj'./`o S jG yv/tom J Engineer's Road File No . 1504,Spokane ) • County,Washington ) Resolution of Establishment' ben Op „� S� �I ff� WHEREAS, University Road as hereinafter described has been continuously used for a term of more than -10 years and . - the.same is'now in general use by the public and has been'maintained by the public.officers, .and WHEREAS, it is deemed a public necessity and it hereby so declared, that the said hereinafter described University Road be established as a county road and public record made thereof in order that it may be maintained in a safe condition for public use and travel with public funds as prescribed by law, and WHEREAS, all right of way necessary therefor has been dedicated to the public by the filing of plats adjacent thereto or by right of way deeds obtained from the abutting property owners, THEREFORE BE IT RESOLVED, By the Board of County Commissioners of Spokane County, Washington that the University Road No. 1504 as surveyed by the County Engineer on February 15, 1932 hereinafter described to-wit: Beginning at Station 0+00 the same being a point in the center line in the Mica-Dishman Road on the west line of and • 1438. 1 feet north of the Southwest corner of the NW 1/4 of . 'o, . ; ' • W.M. and running thence north along section lines to Station 65+06.9 at the NW Corner of_,Se ion 28, T. 25 N.,R.44 E.W.M. a distance of 1.23 miles. be and the same hereby is'established as a county road and of a width of 60 feet, and that the road supervisor of the road district in which the said road is located is hereby authorized to maintain and improve the same as provided by law. - .- PASSED AND ADOPTED By the Board of County Commissioners of Spokane County, .Washington this 29th day of • February, 1952. . . • • , BOARD OF COUNTY COMMISSIONERS • • - • - • - • OF SPOKANE COUNTY, WASHINGTON • . . ' • Attest:-. . , . . • T.T.Grant • Frank J.Glover - : Carl W.Rudolf.: • • ' Clerk•of the.Board . • .: • H.A.Raymond • •- • - , By L.Friedland,Deputy ,• • - -•• No. 5252) . . BEFORE:.THE.-BOARD.OF COUNTY COMMISSIONERS OF.SPOKANE COUNTY, WASHINGTON • • - In The Matter Of The.Approval-Of the Final ) .. . Plat of Bascetta's Addition. 1, )Resolution BE IT RESOLVED,:by the Board of County Commissioners of Spokane County; Washington, that the Final.Plat of , Bascetta's Addit;ipin,being the south half (S 1/2) of NE1/4 of NW 1/4.of Section. 18, Township 25 North, Range 44, E.W.M., except the South 25' and the E.20' thereof, is hereby approved. • _ ;; ; , . PASSED BY THE BOARD, the 3rd day of March, 1952. • __ J , a 9oo226O3O9 vat. 10 9 3 PAGE 988 RESOLUTION NO. JO OILS BEFORE THE BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON IN THE MATTER OF DEDICATING GENERAL ) COUNTY PROPERTY FOR ROAD PURPOSES ) UNIVERSITY ROAD - CRP 2299 - ROAD FILE 1504 , ) RESOLUTION PORTION OF PARCELS 33542-1517 A 29541-0109 ) WHEREAS, Spokane County is proposing the improvement of University Road between 16th Avenue and Dishman-Mica Road; and WHEREAS, Spokane County is owner of property adjacent to University Road; and WHEREAS, a portion of the County property is needed for the proposed road improvement; and WHEREAS, the County Engineer recommends the dedication of a portion of the County property for County road purposes. THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Spokane County, Washington, that the following described property be and is hereby dedicated for County road purposes: Portion of 33542-1517 - (Castle Park) The West 5 feet of Lot 17,.111.ock 6 _of_CAST E__ADDITIOI'I,_ as recorded in Volume 10 of Plats, Page 25, located in the Northwest Quarter (NW 1/4) of Section 33, Township 25 North, Range 44 East, W.H., in Spokane County, State of Washington. Portion of 29541-0109 AND/ALSO; the East 5 feet of_Lot 9,_B1ock"A"_of_.CHESTER_NILLS ADDITION, as recorded in Volume 1 of Plats, Page 92, located In the Northeast Quarter (NE 1/4) of Section 29, Township 25 North, Range 44 East, W.H., in Spokane County, State of Washington. • IN ADDITION, the East 2 feet of the West 7 feet of Lot 17,__Block 6 of CASTLE ADDITION, and the West 2 feet of the East 7 feet of_Lot 9. Block "A" of Ci1ESTLR HILLS ADDITION wi Lt, be reserved for utility easement purposes. BE IT FURTHER RESOLVED that the County Engineer is directed to cause a copy of this resolution to be recorded in the Office of the County Auditor. PASSED AND ADOPTED by the Board of County Commissioners of Spokane County, this 20th day of February, 1990. RFCFIVED BOARD OF COUNTY COMMISSIONERS FILED UR RECORD OF SPOKANE COUNTY, WASHINGTON REQUEST Or Cp D C'-s" Petri is A. Mummey, Chair 1AIIUE '1'nr '.COUNTY,WASH. . H Bride SAMr: N cj',^'It li l' C• • lien Hasson ATTEST: MILLI . DONAHUE Clei/ the Board 0 Deputy Clerk 1 J • . `l/ ✓ • t. -'i BEFORE THE BOARD CF COUNTY COMMISSIONERS OF SPOKAt;E COUNTY, icAail;;(3T;.'; t.,, Resolution No. 72 - k;;' i CO N IN THE MATTER OF ) ESTABLISHMENT OF ) Resolution — Es bl hment 33RD AVENUE. 34TH AVE.. 35TH AVE.. ) • GLENN ST, GLENN CT., GILLIS ST., • ) . . 111))1L ' • GILLIS CT. PIERCE ST. ) • COUNTY ENGINEER'S ALA) FILE NO. 2436 ) • This being the day set for the hearing on Spokane County Engir. ar's Report on proposed establishment of 33RD AVE.. 34TH AVE., 35TH AVE., GL '"J S . GL,`:' pT., GILLIS ST.. GLENN CT.. PIERCE ST. proceadines for ;.hicit core inittA• d by Preliminary Resolution No. 72-542 , a"a it app,::ar- ing to the uoard on proof duly made that Notice of Hearing was purl i'rhed :ond r:ust•:•d in the manner and for the time required by law, and the ikoz_rd after exxcu:.,in- the • report and maps of the Spokane County Engineer and all clair:s and papers ,,n file and after hearing all other evidence adduced at the hearing, and ' IT FURTHER APPEARING That the right_l of way have already been de:licetc as• • • a public road, 50 & 60 feet wide — and that said road S are a pt..,l is necessity and the same should be opened and established as a County road,•. THEREFORE BE IT RESOLVED By the Board of County Commissioners of Sp.Lena C unty, . )iashington that the hereinafter described read_s-• as r'p rtod by the 3pok77.r.o t'unt'y • { Engineer on the 24th day of August , 19.22__*_, bcin;• r,cre par ti(.:.,larly described as follows: 33RD AVE. - From the center line of Van Marter St. east to the center line of P;erce St. 34TH AVE. - From the center line of Glenn St. east to the center line of Gillis St. 35TH AVE. - From the center line of Van Marter St. east to the center line of Pierce. St. i! GLENN ST., - From the center line of 35th Ave. north to the center line of 33rd Ave. •GLENN CT. - From the center line.of 33rd Ave. north to and including the culdesac. GILLIS ST. -From the center line of 35th Ave. north to the center line of 34th Ave. GILLIS CT. -From the center line of 33rd Ave. north to and including the culdesac. PIERCE ST. -From the center line of 34th Ave. north to the center line of 32nd,Ave. As shown and dedicated in the Plat of Castle Addition. Located in the Northwest Quarter (NW 1/4) of Section 33, Township 25 North, Range. 44 E.;W.M. and as shown by the records and maps on file in the itr r ice of tr c 5ao,ane c,-•,`~.,y Engineer be and the same hereby are_ established as a County read I__ and same shall be known as 33rd Ave., 34th Ave., 35th Ave., Glenn St.) Glenn Ct. , Gillis St., Gillis Ct. & Pierce St. fro. 2436 The read rupervis r of the road district in which the said react-1 are located is hereby directed to open and maintain the same for public use and travel. PASSED AND ADOPTED By the Board of County Commissioners of Spokane County, ihashinnton this , 5th day of Oct9ber , 19_72.-• WARD (F CCON TY CO!.7:1551 C': !3S OF SECKA. t•ui :Tl, 7 i;.:, v:t.Y o63,.E . • lhai rman' ATTEST: VERNON `:1. OHLAMD I•-4',OF THE BEARD BY ,�'.r-i:/i i.. ��0. j' • Deputy • ..i a. , 1 ) W BEFORE THE 3C ARD OF COUNTY MM I SS 10NERS OF SPOKANE COMITY, WASHINGTON r; Resolution No. , 72 E-i� IN THE MATTER OF ) 1:1.72 '7..'iT OF ). ) ' Resolution - Establishment . T.) ::77.77,"' AND 35TH A'TIM ) 7A7'.7"7. 37.71:T ) • OCAS+TY EI:GPEER'S MAD FILE WO.. 245b ") This being the day set for the hearing on Spokane County Engineer's Report on the proposed establishment of 33rd Avr:nue and 35th Avenue and Tan Harter Street proceedings for which were initiated by . F_r.111-:ar.ary Reso_itiOf:No. 72-1:?' , and it appear- ing to the Joard on proof duly made that Notice of Hearing was published and posted in the manner and for the time required by law, and the Board after examining the report and maps of the Spokane County Engineer and all.claims and papers on file and after hearing all other evidence adduced at.the hearing, and IT FURTHER APPEARING That the ri gh U of way' have already been dedicated.as a public read_s, , 50 Peet wide are and that said roads_ a public necessity and the same should be opened and established as a County road. THEREFCRE BE IT RESOLVED By the Board of County Commissioners of Spokane County, Washington that the hereinafter described road= as reported by the Spokane County Engineer on the 3r1 day of Anril , 19_22_, being more particularly described as follows: ,3RD .417;77 4 -, from the center line of University Road northeasterly to the center line of Van garter Street. • 35TH A7 72'2 - from the center line of University Road southeasterly to the center line of Van tarter Road. . VAN MAR TER ROAD - from the center line of 33rd Avenue southerly to the south ' line of Castle Addition. . As shown and dedicated by the plat of� as le Addition] All 6—"e ' ' located in the Northwest Quarter (NW a) of Section ),, _ Township 25 North, Rance 44 r.`.1.1•�.... ...st556::;Ei . • and as shown by the records and maps on file in the office of the Spokane County Engineer be and the same hereby are established as a County road -,s. and the sane shall be known as 33rd Avenue, 35th Avenue and Van Yarter Street No. 2t3G _ . The road supervisor of the . road district in which the said roads.. are located is hereby directed to open end maintain the same for public use and travel. PASSED AND ADOPTED By the Board of County Commissioners of Spokane County, Washington this 27th day of Anril , 19 72 . MARC OF COUNTY CORM SSIONERS OF SPOKANE UNTY, :iASHINGTON • Chairman ATTEST: VERNON W. OHLAW 0G ":- 4_6 ` OF THE 'UCARD • . z' . Rditoiti edits...S....s . . Deputy -__---.......r. .._. i /I_ 565875C ' J �' r . t.,. MO • Du AMTlas OF REscwATIas, as/Draws AND RE'S1 ICr1( , g • a■senE ADOITICV TO TEE aXRfY OF SPOKANE, STATE OF WSHIN6''1al • O RHEIMS, IE�1Vi'IT BPS, a partnership, is owner in fee 1 - simple of certain real property, described as follows: (/ The Northwest quarter of the Northwest quarter • O �v of Section 33. Township 25 North, Range 44, �.W:M., l except the N 30 ft, except the West 30 ft and except that portion of Dishman Mica Highway through this ' property, County, Washington. . 0 WAS, the owner is desirous to declare of public record f its intentions to create certain restrictive conditions and covenants to 1. the ownership of said property. • It NOW, THEREFORE, the first party does hereby certify and declare that the following reservations, conditions and covenants shall be- cane and are hereby made a part of all conveyances of property within the plat plat thereof, recorded 1.. CASTLE,3CASTLE, as the same appears on the map and p Prdifi4Pd2.4" -- , at p �_6 Dock Ze , of Plat Records I. of Spokane County, Washington, and that the following reservations and coven- • ants shall by reference became a part of any such conveyances and shall apply thereto as fully and with the same effect as if set forth at large therein. • A. The area covered by these reservations, conditions and covenants 1 is the entire area described above. �•• B. No noxious or offensive trade or activity shall be carried on upon • • • any lot, nor shall anything be done thereon whit#: may be cs may .• % • became an annoyance or nuisance to the neighborhood. t; • C. No dwelling shall be erected, placed or permitted on any residential lot in said addition if the ground floor area of the main structure,' exclusive of one-story open porches and garages, is less than eight • . !< hundred square feet in base of a aye-story structure, nor less than eight hundred a:ware feet and • second story area of two hundred s` fifty squares feet in the case of one,and one-half ar two story i1 structure, nor'shall any single family dwelling costing less that • $24,000.00, including lend cost, be psriRittsd on any lot. . i ; 1 i • • _ a M p :'.. r. C 1 D. No fence or hedge exceeding five feet in height shall be ass i erected or placed or permitted to remain on to addition. Y lot in said • � . : E. Na animal or fouls of any kind shall be raised or kept on • any of said lots, excepting only dogs, cats or birds as household pets, if not raised or kept for sale. P. No signs or other advertising devices, except for rent or for ' . sale signs shall be erected, maintained or displayed an any of said lots. G. No old buildings or structures shall be moved, placed ar maim•. . tamed cn any of said lots. • • H. No lot shall be used or maintained as a dumping Around for • S ash, trash, garbage, or other waste shall not bake/pt. • except in sanitary containers. All incinerators oc other .. equipment shall be kept in a clean sanitary condition. • N I. No structure of a tanporasy character, trailer, ..:,..r.:�..;....>.:`,A. ,.^ ::.µ tent, shack, garage, barn or other outbuildings shall be . used ca any lot at any time as a residence, either tempor- arily or permanently. J. All buildings shall be erected upon continuous concrete • • . foundations. All plumbing facilities shall oQnply with_ l the requirements of the Building Code of the County of r• Spokane, and no outside toilets shall be permitted. All . • alactriell wiring to pass Building Code of the State of wssttingtoR• z• The covenants are to run with the land and shall be binding on all parties and all persons claiming under then until • June 30, 1990, at which time said covenants shall be automat- , ically extended for successive periods of ten years, unless, • rim OP RECORDED �4a ? ,lug is 1 $ Pty t911 . -2- vfRV.r 4Hi.:.%D.1.431TDR SPOKASES1 f j51r1�SIL DEPUTY J , 9/24/ 2/lei ii,-.0 . ....... E< • J „ - • •- • • • * ` ■ • by vote of a majority of the then record owners of the lots, it is agreed to change the said covenants in whole or in part. L. If the parties hereto, or any of then, or their successors, heirs or assigns shall violate or attempt to violate any of the amen- ants herein, it shall be lawfull for any other person or persons owning any real property situate in said develapaent or subdivision to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenants, • and either to prevent his or than from so doing or to recover damages or other dues for such violation. • M. Invalidation of any of these covenants by judgment or Court Order shall in no wise affect any of the other provisions whits shall • remain in full force and effect. , N. No store waters shall be discharged into the sanitary sewer system. t Dona r H. ►.• itt, Partner • STA1E CF VIA ) On this day personally appeared before me, Donald H. Leavitt, to ne known to be a general partner of-Leavitt Brothers, who executed the within and foregoing instrument and acknowledged the some instrument to be the free and voluntary act of said partnership for the uses and purposes therein mentioned and on oath stated that he was authorized to execute said instrument for and in behalf of said partnership. Given under my hand and official seal this 7f Say of 3pril, 1971. Public ho Publi in and for the State of Washington, residing at Slookrht` � -3- U � \J°T 8 � " f4 2 / v E 00,4. t- u ... .1 ERR∎ r - 1, 33rd �_>a 590..0 8f I 3Y 9s g, t..rge ra a• ,...14 ■ l8 . � I 5 � q j 2 I �5� ° :x.. p..? (6 c8). - ! 2 3 4 6 $I',e 2a fe .� J Ode c 'TN ( ; a .1. t 2'. �,�. 7 d8. 9 gl �J� I fie` :7 �j Ui 04 119 4a JS ! 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Z(I) 2 s ©' • '• �J \ ` . / ✓ 3 • TRANSNATION TITLE INSUTANCI COMPANY 7 as. 8o g0 This sketch is propided,without charge,for your �/• ' al information It is hot intended to show all matters related to the property including,but not limited to \ C area,dimensions, ts,encroaclunents,or location of boun 'es.It is not part of nor does it modify,the com itment or policy to which it is attached.The ccn pany_assumes NO LIABILITY �/'i kt?r any matter related to this sketch.Reference �.• shnuld be made to-an accurate survey for further \ infOrttlatioti, \ •\ I 1 \ .