Title Insurance Sullivan ParkTRANSNATION TITLE INSURANCE COMPANY
105 W. 3RD
SPOKANE, WASHINGTON 99201
(509) 922 -2222
Direct Line: (509) 227 -6511 Fax (509) 926 -1519
Prepared for:
CITY OF SPOKANE VALLEY
ATTN: BILL
E. 11707 SPRAGUE - STE. 106
By t GG��
Michelle Erwin, Title Officer
merwin@landam.com
RE: Order No.: ME- 259387
Customer Ref: P.O. 3075 /SULLIVAN PK
SCHEDULE A
EFFECTIVE DATE: March 14, 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, a municipal
corporation.
2. Title to fee simple estate or interest in said land is at the effective
date hereof vested in:
THE COUNTY OF SPOKANE, by Quit Claim Deeds recorded December 18, 1957
under Recording No. 504316B and August 17, 1960 under Recording No.
728210B.
3. The land referred to in this Commitment is situated in the County of
Spokane, State of Washington, and described as follows:
See Legal Description
Page 1 of 6
Order No. ME- 259387
LEGAL DESCRIPTION
The following portions of Government Lots 8 and 9 in Section
11, Township 25 North, Range 44 East, W.M., described as
follows:
BEGINNING at the Southeast corner of Section 11, Township 25
North, Range 44 East, W.M.; thence North 0 047' West 925.08
feet along the East line of Section 11; thence North 55 050'
West, 36.60 feet to the Westerly right of wayiline of Sullivan
Road and the true point of beginning; thence North 55 050' West
916.30 feet; thence North 89 013' East 751.04 feet to the
Westerly right of way line of Sullivan Road; thence South
0 047' East, 524.91 feet along the Westerly right of way line
of Sullivan Road to the True Point of Beginning;
AND a portion of Government Lot 8 in Section 11, Township 25
North, Range 44 East, W.M., described as follows:
BEGINNING at the Southeast corner of Section 11, thence North
0 047' West, a distance of 1520.96 feet along the East line of
said Section 11, thence South 89 013' West, a distance of 30
feet to a point on the West right of way of Sullivan Road and
the true point of beginning, thence North 69 053 -1/2' West, a
distance of 321.12 feet, thence South 0 047' East, a distance
of 164.51 feet, thence North 89 013' East, a distance of 300
feet to a point on the Westerly right of way of Sullivan Road,
thence Northerly along said right of way line to the true
point of beginning;
EXCEPT Sullivan Road;
Situate in the County of Spokane, State of Washington.
END OF SCHEDULE "A"
*************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
THE FOLLOWING INFORMATION IS PROVIDED FOR CONVENIENCE ONLY:
(Parcel No. 45114.9015 AND 9015R)
(Abbreviated Description: PTN. E1 /2 SE1 /4 11- 25 -441
Page 2 of 6
� T,
Order No. ME- 259387
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
45114.9015 2003 $354.00 $00.00 $354.00
(Affects Ptn. L8 &9 11- 25 -44)
45114.9015R 2003 $111.36 $00.00 $111.36
(Affects mobile on leased land)
(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.: 45114.9015 and 9015R
4. ANY UNPAID ASSESSMENT OR CHARGES, AND LIABILITY FOR FURTHER ASSESSMENTS
OR CHARGES BY VERA IRRIGATION DISTRICT NO. 15.
5. RIGHT OF WAY for Sullivan Road, if any, and any easement rights of
adjoining properties or the public to that portion of the land included
within such road, as disclosed by Right of Way Deed recorded on January
21, 1949 under Recording No. 859803A.
Page 3 of 6
7.
E.
0
Order No. ME- 259387
A building line of 100 feet from the center line of Sullivan Road, on
each side, from Trent Road to the Spokane River, in Sections 1, 2, 11
and 12 in Township 25 North, Range 44 East, W.M. by Resolution No. 55-
439.
Restrictions imposed by instrument recorded on December 8, 1957, under
Recording No. 504316B, as follows:
No use which the Spokane County Park and Recreation Department, or their
successors or assigns, may make of this property shall in any way
jeopardize and use of the remaining State owned lands as a pit site or
stockpile site, nor shall any objection be made due to the proximity of
the part to the presence of any crushing plant, asphalt plant, or any
other highway facility being used by the Department of Highways, its
agents, contractors, employees, or assigns.
In the event any portion or portions of the lands herein conveyed for
park and recreational purposes hall be hereafter vacated or abandoned
for further use as a public park or recreational area, all rights herein
granted shall cease and terminate and any such portion shall immediately
revert to and revert in the State of Washington, its successors or
assigns.
ACCESS ROAD EASEMENT AND THE TERMS AND CONDITIONS THEREOF:
GRANTEE: The United States of America
PURPOSE: Easement and right of way approx. 14 feet
wide with additional widths as necessary
for cuts, fills, turnouts and for curves
at the angle points; The right to enter
and clear timber, brush and grade and
level and also maintain and repair as
necessary
AREA AFFECTED: Exact location not disclosed
RECORDED: August 5, 1959
RECORDING NO.: 645248B
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: As described in said instrument
DATED: December 28, 1982
RECORDED: August 31, 1983
RECORDING NO.: 8308310217
Page 4 of 6
Order No. ME- 259387
10. EASEMENT AND THE TERMS AND.CONDITIONS THEREOF:
GRANTEE: The Washington Water Power Company, a
corporation
PURPOSE: Non - exclusive easement to construct,
reconstruct, maintain, repair, improve,
replace, use and operate an overhead power
lines; with right to inspect line and to
remove brush and trees
AREA AFFECTED: Parcel 1
DATED: March 16, 1984
RECORDED: March 27, 1984
RECORDING NO.: 8403270135
11. EASEMENT AND THE TERMS AND CONDITIONS THEREOF:
GRANTEE:
Spokane County, a political subdivision of
the State of Washington
PURPOSE:
Sewer
AREA AFFECTED:
A strip 30 feet in with described as
follows: Beginning at a point on the East
line of said Section that is 1583.89 feet
North of the Southeast corner thereof;
thence North 62 054116" West to a point in
a line parallel with and 30 feet Westerly
of the East line of said Section and the
true point of beginning of the line herein
to be described; thence continuing North
62 054116" West to a point in a line
parallel with and 85 feet Westerly o the
East line of said Section; thence
Northerly to a point that is North 89 013'
East 85 feet from a point on said East
line that is 1848.29 feet North of the
Southeast corner of said Section and the
end of said centerline
RECORDED:
November 18, 1994
RECORDING NO.:
9411180273
12. LEASE AND THE TERMS AND CONDITIONS THEREOF:
LESSOR:. Spokane County, a political subdivision of
the State of Washington
LESSEE: Western Dance Association of Spokane, a
non - profit corporation
FOR A TERM OF: 35 years
DATED: June 1, 1999
RECORDED: July 2, 1999
RECORDING NO.: 4386482
13. Unrecorded leaseholds, if any; rights of vendors and holders of security
interests on personal property installed upon said property; and rights
of tenants to remove trade fixtures at the expiration of the term.
Page'5 of 6
Order No. ME- 259387
14. RIGHT, TITLE AND INTEREST OF ROGER KRAFT AS DISCLOSED BY ASSESSOR'S TAX
ROLLS DISCLOSING MOBILE HOME ON LEASED LAND.
We find no conveyances of record into said party.
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, a municipal corporation. We
find no pertinent matters of record against the name (s) of said
party(ies).
NOTE 3:
Property Address: Sullivan 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:
Unless otherwise requested, the forms of
connection with this commitment will be ALTA
case of standard lender's coverage, the CLTA
1990. The policy committed for or requested
at the office which issued the commitment.
policy form(s) referred to in this commitment
upon request.
NOTE 5
Transfer to be according to statute.
ENCLOSURES: Paragraph(s) 5 - 12
Vesting Deed
Sketch
sac
Page 6 of 6
policy to be issued in
1992 policies, or, in the
Standard Coverage Policy -
may be examined by inquiry
A specimen copy of the
will be furnished promptly
4 Y x' jq Tgg } j OF dpokans County Stock Pile Site No. 61.43.
j TRB; "StATF OF W&Sii NGMN for and in consideration of Mutual Bens-
,
a�,�if�J tits., hereby conveys and quitclaims unto SPOKANE COUNTY, a municipal
,<
corporation., all its right, title and interest, in and to the .follalr
1ng described property situated in Spokane County, State of Washing-
!
tOA!
A portion of Government Lot 8, in Section 11, T25N, Rh14E,
Fy W.M., described as followa!
Beginning at the SE corner of Section 11, thence N 0 *471
W a distance of 1520.96 feet along the F line of said
Section 11, thence S 89131 W a distance of 30 feet to a
point on the k right of way of Sullivan Road " the true
point of beginning, thence N 69053 §1 W a distance of 321.12
feet, thence S 0 71 B a distance of 16!4.51 feet, thence N
89013t E a distance of 300 feet to a point on the W11y right
of way of Sullivan Road, thence N117 along said right of way
i line to the true point of beginning.
The lands being conveyed contain on area of 0.7h acres more or Is a,
and are conveyed pursuant to the provisions of Chapter 381e, Laws -of 1955..
�4x
t+ DATED at Olympia, Washington, this day of ,1960.
8r
�
STATE OF WASAI- }d0T0N
By -t:�...�t
j E+b Governor
flr' ATTEST!
�j
By t
!
AC?1M,Td� 0
of ME*
I
9
A"02%oy
- 2 -
7939
�ak �xS r r
3'
i +F rAStKetiow ahall run with the land 8316
MA
' h
bbA ths:. M+ its swassmo a or assigns. Ths lsnd lgbht'
"Pt" for St"O RigWay �i and a" o� sd
tAs;.pri"oas of Cbsptsr 384, Lom of 1955.
Wtahington, this day of 0f 1957
at Chia,
ST ♦TS OF WASHI00T0N
Al
WZ
14f
F
i� ATMTI
tL
Y
ay�J t
;ST
YAM+ s
- 2 -
7939
' � 1 1( •'� ,, ,j➢ �4 FSM.",+i' ?' i� � > � t' a s n7 t »u n x .r a ; F
-IR ,
gqw q� 4; _����'��.:��7 Wit• gi
ibvW L, sit Sit* yo. C- and Stock
.. a' •
M'11 far sad in Consideration of tb!
1lutoal B.n.tite
to bs d tlhd' ba+� OMTQ rs and quitclaim Hato VM
COQM1' OF 3FKJEAU, a
ccrpac'StIfto all its rigIkWAA
ht, title and interest, mWept as hereinatter
in &M to the following described real estate situated in spokaoe
v Rata at Masktngtee, tar Park and recreational
purpoasss
aL PCfCions of Government lots 8 and
i No, in the 9 la . Tarn-
��' ,,p: � 1�oi�th� bit 1G►at W, ��, , of
d00�� as fblawss state
WINK
,. 0 31, T-M=bdp 25 North, �
4��'5'Oi It, test fast to t Weste�,Erst kiss Of
t tree ,'of �,7 riaht�01-
�F''� f # tbcnor lIor,t Sa�et�[ a8.j tDenoe north
1 t s,at 7�Ob foot to the
fi r ,► t. s them* sontb 0047- East
aQ lids of 9ullfran Road to the
ad'sa` ;7Cs525 ae�ly`�' ;err loan.
beiAg mein contain a total
r�
2Mreoi'y the tolioriag terwa, ooxktitions and lisitations are
e lta. EPCk Ce COW*Y Park &W heaves{ ,a
ant, ex•
UW- sulks of t-bie pr pwty shall is
SW w4
statrrnrsd lands a. a
°t tier � 'OW obs'+otian be a"* duo to the Pit site or stonlq�3le
Pray lAitl of the park to the
,�� t i� bt �1m� � plsnt, asphalt plant er
M , AW other bid facility
� t � ftartment of agbrafs, its agents, eootraetors
' 44PlCyeea,
g. In the
+x4 Portion or Portions of the lands herein conveyed for
P i'earsatlonal Purposes shall be bereattor vacated or
abandoned for ibr-
� t ` -:tore as s public park or recrwtional
area, all rights herein drantad s1
SW aueh portion Shall lou '' t* re, to and rarest
a-8tat0 Of A
1�
Wi n, its Suooessors or assigns. IL is a:pxras>,j intended
._.....
J-1-'11111FOJILE THE '13OARn OF CUUMll COMMI63ISNERS 0_[I
SPOKANE COUNTY, WASHINGTO'N'
11 N THE Lf`ffTER OF REV!310�q
OF THE ZONING ORDINANCE OF
SPOKANE COUNTY, WASHINGTON RESOLUTION
PERTAINING TO SET BACK ON
AUL!lVAN ROAD.
BE IT RESOLVED, by the Board of county
Commissioners of Spokane County, Washington,
that the ZoninE Ordinance of Spokane County,
Resolution #53-199, on recommendation o.,.'
the Spokane County Planning Conuiwsjo.j,,.,,
under thei authority of Sub-para&raph 3
of Paragraph 1, Front Yard, Section 17..
General Provisions, of the Zoning Ordirnnce,
be amended as follows:
WHEREAS it is found necessary to proteut
the public safety.
BE IT RESOLVED, that a building line cj.''
OW-hUndr6d
Aad-
Spokane County, Washington.
PASSED BY THE BOARD THIS 27t11 DAY OF December.
1955.
BOARD OF CUUNTY COMMISSIOd'i
I)w ":"
�;45,248B
BOUNEV%LLE POWEw 0'
ACCESS ROAD EASENITNT
�Z IT T FIVE - - - - - - - - - - - - -
TN
-
FOR tU IN TK N
- - - - - - - - - - - - - - - - - - - - - - - --- - - --- 5.00
to h-cmd "d, re-elPt Of Wton P COUw, Y I
-corporation of the State of Vksbiz.-ton, actinz bv and thrvetgh i t 5 Boa of
W* qrm ted, t)'z 3 ,L ne'! d4W,
the LWITCD 7FAT"
Fcrteiv 14
and tamouts 'I1 Pange 44
pwtion of G<Menjment Lots a and 9 of Section UL Townsh
on
FAst Willamette Meridian, Spokane wi in nit,
ny 'he d big
level, !Jji, Jrjlr ,
I T
mad on, ,vet,
W(IY rng)X F--7! illy I46191, Revision 5, colored in red.
PAP
UNI
TO HAVF AN!,
ind 114,k
it is ftv-icier
(:.j,ipd lik; full
swr[bod.
IN WIT-IMS wJ900ax TH9 COMY OF MMKM2 a mmic-PL' corporation of the
- 1ASto, acting bj And tbrcmgb its Board of ComtY CdWissiOncrs,
State of wth 1 0 1
pw*%*Ut to AL revolution of the boards dely 444 legally adopted AAA entered, hfts
ttA"Sod tb"o "Imut, to be executed In its behalf by A RA3400-ity Of its
of th
C0M,3qj4G;i# aad its corporate seal to be bereanto affixed
19
of
THE Gamy Cw spopim
v,
4P
4 ..-. -
7.
fxrte Tax Paid on :
► p Said Amt. Pd.!'o•? '
D.E " SylV"CHILSERG 8'jo.)2'7(1135 . IT 6$4 FA "E QQ
Spoke /County Tmas. E A S E M. ENT
IN THE MATT�R OF Spokane County Sundry Site Plans, Pit.Site C -144 and Stockpile Site
C- 6143,
KNOW ALL MEN BY THESE PRESENTS, that the STATE OF WASHINGTON, for_and
in. consideration of FIVE HUNDRED AND NO1100 DOLLARS ($500.00) hereby conveys and
grants unto WASHINGTON WATER POWER COMPANY, a Corporation a permanent
F non- exclusive easement to construct, reconstruct,. maintain, repair, improve, replace, use
and operate an overhead power line over, across and upon the following described real
property situated in Spokane County, State of Washington;
i That portion of Government Lot 8, Section 11, Township 25 North; Range 44,
East,.W.M., North of a line bearing N East from a point Which s
i North 00047'00'' West, as measured along the easterly line of said . Section,
925.0.8 teet...and North. 55(150'00" West 952.90 feet from the southeast corner
thereof anal lying within a strip. of land 20 feet In Width, being 10 feet In width
on. each side of' the, following described center line.
Beginning 'at. a paint on the .easterly line of said Government Lot. North
000;7'04" West 1470.96 feet from the southeast corner of said Section; thence
j South 89013131" West 350.12 feet; thence South 6704313411 East 100 feet to the
! true point of beginning of this renter line description; thence - North 67043134"
West 3k3.391 thence North 610 - 2 811 211 West 403,37 feet; thence North 010261491/
East 99.68 feet.to the end of tis center line description....
The property inta►esls heroin descrihed are not required for Sftito highway purposes
and are conveyed pursuant to the provisions of RCW Chapter 47.12.
Oved et. Olympia, .Washington, this _day of 22Z
5TATE; OF WASHINGTON 1/14c
bUA N E RRE0T1'OW —
ecretary of.Transportation
APPROVED AS TO FORM:/
R ..
A ststant Attorney General ESTA lease Mlum 10:
OF WASHINGTON
EX!EW.E .. AS TO FORMS of Trans ;x rtation l{F =Oa 4, 1wkJG�IyII: UlfiCt3
iion Bui;din. fi.yt Wsshtn� to 9 98ashington Water Power Company
STATE OF WASHINGTON )
}: Bs'
County of )
On this �G 1� dayQ� -+ , 19, before me personally appeared
DUANE BERE'NTSON, known to. me as the Secretar .of Transportation, Washington S
Y p , g fate
Department of Transportation, and executed the foregoing instrument; acknowledging said
Instrument to be the free and voluntary a(-t?ind deed of the State of 4ashington, for the
uses and purposes therein mentioned, a. on oath stated that he is authorized to execute
said instrument.' i
Given under my hand and oflici;� sea) tthhe day 5anfor yea o written.
- �_ Cam.
Notary Public in the State 0f WaghinKtan, re nx at Ofyrnpia.
11npn 1 of 1 1.C, N6- 32-04081
j
IL
00
q
Z by
37 Z..
654 fAE1726
830S3102'17
RIGHT OF WAY EASEMENT
SPOKME COUNTY
in consideration . of _------One and No/100 --------- --------------------------------------
Dollars E^ 1_00
in hand paid, convey S and warrant S to THE WASHINGTON WATER
PO'NER COMPANY, a corporation, its successors and assigns, the right to erect, construct, reconstruct and
maintain an electric distribution lifie to be located over, along and across the following described property in
Spokane Washington
County. State of to wit:
That portion of Government Lots.Eight (8) and Nine (9) in Section Eleven (11), Town-
*6*8 45' `X.f-bJAQZRXe_Forty -Four (44) EWM, Spokane County, Washington,
described as: Beginning at the Southeast corner of.said Section 11; thence N.0 0 471w.
925.08 feet along the East -line of said Section 11; thence N.55 0 50'W. 36.60 feet to
the westerly right oj_kwa�line of Sullivan Road and the true Point-of,Beginning,
thence N.550 50'W. 916.30 feet; thence N.89 013'E. 751.04 feet to the westerly right
..................... ... . .
of way line of Sullivan Road; thence S.0 0 47E. *524.91 feet along the westerly right
of way line of Sullivan Road to the true Point of Beginning.
It is understood and agreed that said easement covers the right to place one (1)
pole and one (1) anchor with downguy, together with the right of conductor overhang
across the northeasterly portion of the above described property, in the location
as more definitely shown outlined in red on the print attached and by this reference
!made a t)art hereof.
The Grantee, by accepting the herein grant of easement agrees that if the installa-
tion herein authorized interferes with the future use or improvement'of the park
site: said installation will be removed or relocated at Grantee's expense as
designated by SDokane County.
togeiher with the right to inspect said line.
IN WITNESS WHEREOF, the said
—has caused its corporate name and seal to be here-
unto subscribed andaffixed; and these presents to be exec ted by its officers thereunto duly authorized,
this day of
SPOKANE COUNTY
Eimse Tax Est mo 3 to n, Boar f ount
_2X ommissioners
Attest:
rk of the Board ard
*I- A 1017 Q MN if
- '* *A
;;;V
o
e /
rl Deer^ a'•. nn I, en ri �irS f � .._. _.._..._..._.___ 1� � / , t^ ,
a
cr <:
7 I H
eoei � j t WI ec•
0
e
3
cam'
�1
0�
9411180273 YOL _% 7 3 PAGE 313
AFTix RECORDING AiE`I•URN'TO:
ATTN: REAL ESTATE SERVICES
REA<985- RVICES DEPARTMENT OF TRANSPORTATION IES
DEPAR PORTATION P.O. BOX 47338
P.O. B03 OLYMPIA, WA 98504 -7338
OL IA, W
EASEMENT DEED FILEOORHF,: ,'nf
REQUEST t;r
IN THE MATTER OF Spokane County Sundry Site Plans
tlov Iii
KNOW ALL MEN BY THESE PRESENTS, that the STATE OF WASHINGTpN, for
r• ;cu
and in consideration of providing for the availability of a future sewer connection on. subject
land, hereby conveys and grants unto SPOKANE COUNTY, a political subdivision of the
State of Washington, that certain easement situated in the County of Spokane, State of
Washington, more fully described in EXHIBIT "A ", hereto attached, which, by this reference,
is incorporated herein and made a part hereof.
The specific details concerning all of which may be found on sheet 9 of that certain
plan entitled Spokane County Sundry Site Plans, now of record and on file in the office of the
Secretary of Transportation at Olympia, Washington, bearing date of approval September 22,
1953.
Restoration. Upon completion of the installation of the sewer line, and after any other
activities by Grantee, or its successors, which may disturb the surface of the easement area,
Grantee, or its successors, shall remove all debris and restore the property to its original grade
and condition.
Non - Exclusivity. Grantee's rights under this Agreement are non - exclusive and Grantor
may use, and may grant rights to others to use the easement area for any purpose not
inconsistent with Grantee's rights hereunder. Grantor shall have the right to landscape and/or
surface the area of the easement with gravel, asphalt, concrete, or other similar materials.
However, grantor shall not constrict any other permanent or temporary structures, fences, or
other improvements that would hinder or interfere with the sewer line or access thereto or with
manholes and other appurtenances thereto.
The grantee as part consideration herein does hereby agree to comply with all civil
rights and anti - discrimination requirements of RCW Chapter 49.60, as to the lands herein
described.
The grantee, its successors or assigns, will protect, save, and !:old harmless the
Washington State Department of Transportation, its authorized agents and employees from all
claims, actions, costs, damages, or expenses of any nature whatsoever by reason of the acts or
omission of the grantee, its agents, contractors, licensees, invitees, employees, or any person
whomsoever arising out of or in connection with any acts or activities authorized by this deed.
The grantee further agrees to defend the Washington State Department of Transportation, its
agents, or employees in any litigation, including pay.nent of any costs or attorney's fees, for
R. E Exelse Tax Exempt
D -IS:k7arnOunly e
g 19 Pagel of 3 I.C. N6 -32 -04412
/ Treas..
r' • '
VOL. 16 i 3 pw 3-1 4
any claims or actions commenced arising out of or in connection with acts or activities
authorized by this deed. This obligation shall not include such claims, costs, damages, or
expenses which may be caused by the sole negligence of the Washington State Department of
Transportation or its authorized agents or employees; provided that if the claims or damages
are caused by or result from the concurrent negligence of (a) the grantor, its agents or
employees and (b) the grantee, its agents or employees, and involves those actions covered by
RCW 4.24.115, this indemnity provision shall be valid and enforceable only to the extent of
the negligence of the grantee or grantee's agents or employees.
The property interests herein described are not required for State highway purposes and
are conveyed pursuant to the provisions of RCW Chapter 47.12.08 .
ated at Olympia, Washington, this _eday of ,
STATE OF WASHINGTON
APPROVED AS TO FORM:
By:
Assistant Attorney Gene► 1
REVIEWED AS TO FORM:
By:
Spokane County
STATE OF WASHINGTON)
) ss
COUNTY OF THURSTON )
of Transportation
On this day of N�bll� , 194, before me personally
:►ppeared SID MORRISON, know to me as the Secretary of Transportation, Washington State
Department of Transportation, and executed the foregoing instrument. acknowledging said
instrument to be the free and voluntary act and deed of the State of Washington, for the uses
and purposes therein mentioned, and on oath stated that he was authorized to execute said
instrument.
Given under my hand and official seal the day and year last above written.
? .... . SioN j
•�'••.6'
No ary Publ in and for the ate of
Win
residing at
puet.
My Commission Expires 19 0
+c
y ob R�
..25t -W v
Page 2 of 3 I.C. f/6 -32 -04412
VOL. 1673PAGE 3 i 5
EXHIBIT "A"
A permanent non - exclusive easement to construct, reconstruct, maintain,
alter, protect, patrol, repair, improve, replace, remove, use and operate,
a sewer line and for ingress and egress as may be necessary for any of
the above purposes, over, under, upon, and across a strip of land 30 feet
in width, described as that portion of Government Lot 8, Sectio�_n 17 =
Township 25 North, Range 44 East Willamette Meridian, lying 15 feet on
each side of a centerline described as follows:
Beginning at a point on the East line of said Section that is
1583.89 feet North of the Southeast corner thereof; thence North 620 54' 16"
West to a point in a line parallel with and 30 feet Westerly of the East
line of said Sectfon and the true point of beginning of the line herein to
be described; thence continuing North 620 54' 16" West to a point in a line
parallel with and 85 feet Westerly of the East line of said Section; thence
Northerly to a point that is North 890 13' East 85 feet from a point on said
East line that is 1848,.29 feet North of the Southeast corner of said Section
and the end of said centerline.
I. C. N6 -32 -04412
-5-Y-11
Retum to:
Daniela Erickson
Deputy Clerk of the Board
Commissioners' Office
I 4386482 028A
SPOKANE CO COMMISSIONfAS IF $0.00 Sookane Co. TA
SULLIVAN PARK DANCE HALL LEASE AGREEMENT
R.E. Excl" Tax ExOmpt
Reference numbers of related documents: Dac °•-L -- t�
On page one of document :pnkvie Count rr.�urer
Grantor(s): SPOKANE 1COUNTY, dAve., pokane, WA State 99260�1 subdivision
Grantee(s): WESTERN DANCE ASSOCIATION, a non -profit organization
PO Box 3052
Spokane WA 99220
Legal Description:
A portion of land, being approximately one and one half (1 %) acres, located South
and West of a point approximately 175 feet South of the North property line of the
property hereinafter described and approximately 250 feet West of the center line of
Sullivan Road, said above portion located within the following described property:
The following portions of Government Lots 8 and 9 in Section 11, Township 25
North, Range 44 East, W.M., in the County of Spokane and State of Washington,
described as follows:
Beginning at the Southeast comer of Section 11, Township 25 North, Range 44
East, W. M., thence North 0047'West 925.08 feet along the East line of Section 11;
thence North 55 °50' West 36.60 feet to the Westerly right -of -way line of Sullivan
Road and the We point of beginning; thence North 55 °50' West 916.30 feet;
thence North 89 013' East 751.04 feet to the Westerly right -of -way line of Sullivan
Road; thence South 0 047' East 524.91 feet along the Westerly right -of -way line of
Sullivan Road to the True Point of Beginning.
Assessors Property Tax Parcel Account Number(s): NA
IIIIIIIIII IIII III 4386482 � 2U
IIII Snnkane fn. WA
SP(1KlAF fD IY1tYliSS10NFAS i F SO•(Yl
SULLIVAN PARK DANCE HALL LEASE AGREEMENT
99 0454
THIS AGREEMENT, made and entered this /,5'/ day of -�11Z� 1999, by and
between Spokane County, a political subdivision of the State of Washi. gton, having offices for the
transaction of business at 1116 West Broadway, Spokane Washington 99260, hereinafter referred to
as "COUNTY," and Western Dance Association of Spokane, a non - profit organization having
offices for the transaction of business at PO Box 3052, Spokane, Washington 99220, hereinafter
referred to as "LESSEE," jointly hereinafter referred to as the "PARTIES."
WITNESSETH:
WHEREAS, pursuant to the provisions of RCW Section 36.32.120(6), the Board of County
Commissioners of Spokane County has the care of County property and the management of County
funds and business; and
WHEREAS, pursuant to RCW Section 36.68.010, a county may lease or dell any park
property, buildings or facilities surplus to its needs, or no longer suitable for park purposes provided
that such park property shall be subject to the requirements and provisions of notice, hearing, bid or
intergovernmental transfer as provided in chapter 36.34 RCW; and
WHEREAS, Spokane County is the owner of a recreational dance hall at Sullivan Park,
located at 1901 North Sullivan Road, Spokane, Washington; and
WHEREAS, the recreational dance hall was originally constructed by the Western Dance
Association of Spokane, pursuant to a Lease Agreement executed on the 30d' day of September,
1958, however such facility vested in the County upon termination of said Agreement on the 29'' day
of September, 1993; and
WHEREAS, pursuant to the provisions of Spokane County Code Section 1.56.140, the
Western Dance Association of Spokane has made application to lease the recreational dance hall for
an additional time frame.
NOW THEREFORE for and in consideration of the mutual promises set forth hereinafter
and as provided for in the above - referenced recitals, the Parties do hereby mutually agree as follows:
SECTION NO. 1:, SUBJECT AND PURPOSE
The COUNTY leases to the LESSEE, subject to the terms and conditions herein contained, certain
real property located in Sullivan Park, Spokane, Washington and legally described as follows:
A portion of land, being approximately one and one -half (1 '/2) acres, located South
and West of a point approximately 175 feet South of the North property line of the
Page I of 10
Illlllillllllllllllllllllll F4386482 �
Iiillll
IIIII IIIII 1111111 III I
SpOK6NF fA C(X91TSS10NFAS IF 40.1X1 Snnkane fo. Wd
property hereinafter described and approximately 250 feet West of the center line of
Sullivan Road, said above portion located within the following described property:
The following portions of Government Lots 8 and 9 in Section 1 1,
Township 25 North, Range 44 East, W.M., in the County of Spokane
and State of Washington, described as follows:
Beginning at the Southeast comer of Section 11, Township 25 North,
Range 44 East, W.M., thence North 0° 47'West 925.08 feet along the
East line of Section 11; thence North 55° 50' West 36.60 feet to the
Westerly right -of -way line of Sullivan Road and the true point of
beginning; thence North 55° 50' West 916.30 feet; thence North 890
13' East 751.04 feet to the Westerly right -of -way line of Sullivan
Road; thence South 00 47' East 524.91 feet along the Westerly right -
of-way line of Sullivan Road to the True Point of Beginning.
Hereinafter referred to as the "Premises" for the purposes of western dance activities put on by the
LESSEE or sponsored by the LESSEE and related to western dance activities, during daytime and
evening hours on weekends and ONLY after 6:00 p.m. on weekdays. Provided, it is understood that
the continuance by the LESSEE of the support and sponsorship of activities set forth in Attachment
"A" by the various clubs that make up the LESSEE, scheduling them for certain times and dates with
them contributing to the expenses of maintenance and upkeep, heat, lights, etc., of the Premises, is a
proper use of the Premises.
The LESSEE agrees that the County may administer and conduct any activities on the Premises
during daytime hours of 6:00 am. to 6:00 p.m. on weekdays. County agrees that such activities will
be restricted to those that will assure maintenance, care, and safeguarding of the dance floor. The
Premises include the recreational dance hall, storage building at the rear of the hall and the attached
carport on the south side of the hall. The LESSEE shall additionally be entitled to the non - exclusive
use of the parking lot east of the hall and the natural landscape areas around the perimeter of the
structures, during the term of this'Agreement. The County will insure that the Premises are left in
neat, clean and orderly condition and that the recreational dance hall is secure at the conclusion of
each such activity session.
SECTION NO. 2: TERMS AND CONDITIONS
The term of this Agreement shall commence on the /s/ day of � 1999, and shall run for ten (10)
years, terminating on the Is-1- day of ' -7009 • Y,,,.
Page 2 of 10
111111111111111111111111111111111111111-1111111111111111 4386482
, �28A
PUANF 01 CfYtt1ISO NFAS IF SA. (M1 Snahne Co. WA
For and in consideration of the use of the Premises as set forth herein, the LESSEE shall pay the
following amounts on or before the'56 of each month for that month:
First year .......................$300.00 per month
Second year ...................$400.00 per month
Third year to end
of Lease ........................$500.00 per month
All late payments shall be subject to a $25.00 late fee due with the following months payment.
Payments shall be considered late if they are not received by the Spokane County Parks Department
having offices at 404 N. Havana, Spokane WA 992024663. Payments post marked before such
date shall be considered received.
SECTION NO. 3; INSURANCE
During the period of this Agreement, the LESSEE shall cant' and keep in force, at its sole expense, a
commercial general liability insurance policy with the minimum limits of $1,000,000 per occurrence
with a $2,000,000 aggregate for bodily injury and $1,000,000 per occurrence for property damage.
Said policy shall be written by a reliable insurance company or companies and shall provide that said
policy shall not be canceled, materially changed or not renewed without thirty (30) days prior notice
thereof to the COUNTY. The COUNTY reserves the right to approve the LESSEE's insurance
carrier(s). The COUNTY shall be named as an additional named insured in all such policies and the
LESSEE shall provide the COUNTY with certified copies of said coverage prior to commencement
of use of the Premises.
The LESSEE shall provide all fire insurance on personal property that the LESSEE moves onto the
Premises and an casualty insurance desired by LESSEE both at the sole,expense of LESSEE and the
COUNTY shall have no responsibility whatsoever therefore.
The COUNTY assumes responsibility for property damage to building roofs, walls, and foundations
of the recreational dance hall. In addition, the COUNTY agrees to indemnify and hold harmless the
LESSEE from any liability for bodily injury occurring to any participants in those activities directly
administered by the COUNTY during its weekday sessions.
SECTION NO. 4: INDEMNIFICATION
(a) The LESSEE agrees to indemnify the COUNTY from any loss, cost or expense claimed by third
parties for property damage and bodily injury, including death, caused solely by the negligence or
willful misconduct of the LESSEE, its employees or agents in connection with the use of the
Premises or obligations of the LESSEE under the terms of this Agreement.
(b) The COUNTY agrees to indemnify the LESSEE from any loss, cost or expense claimed by third
parties for property damage and bodily injury, including death, caused solely by the negligence or
willful misconduct of the COUNTY, its employees, or agents in connection with the obligations of
the COUNTY under the terms of this Agreement.
Page 3 of 10
illlllllllllll
III
BID o 1021,% � 10 zM
c wa
SDfIrdNG f11 flVY1TS�10NGAS I G SO.fYI .fnnkane n
(c) If the negligence or willful misconduct of both the LESSEE and COUNTY (or a person
identified above for which each is liable) is a cause of such damage or injury, the loss, cost of
expenses shall be shared between the LESSEE and the COUNTY in proportion to their relative
degrees of negligence or willful misconduct and the right of indemnity shall apply to such
proportion.
SECTION NO. 5: OWNERSHIP Or IMPROVEMENTS
Any improvements and permanent fixtures made or placed on the Premises by LESSEE during the
term of this Agreement shall be and remain the property of the COUNTY.
SECTION NO. 6: TERMINATION
In addition to all other rights and remedies which the parties may have herein or at law, the Parties
may terminate this Agreement as follows:
A By LESSEE:
This Agreement may be terminated by the LESSEE upon 180 days written notice to the COUNTY
without cause.
B. By COUNTY:
(1) This Agreement may be terminated by Spokane County upon one (1) year written notice to the
LESSEE without cause.
(2) This Agreement may be terminated by the COUNTY upon five (5) days written notice to the
LESSEE on the happening of any one of the following events:
a. The default of the LESSEE in the performance of any terms, conditions or
covenants herein required to be performed by the LESSEE and the failure of the
LESSEE to remedy such default in a period of thirty (30) days after receipt from the
COUNTY of written notice to remedy the same. Provided, however, that no notice of
termination as herein provided shall be of any force or effect if the LESSEE shall
have remedied the default prior to the expiration of such thirty-day period, or if the
nature of such default is such that a period in excess of thirty (30) days is necessary in
order for the LESSEE to cure such default, and the LESSEE shall have commenced
to cure the default and shall diligently continue its efforts to correct such default. In
such event, the LESSEE shall have such time as is reasonably required to cure the
default.
SECTION NO.7 WASTE AND NUISANCE PROHIBITED
Page 4 or to
438648-2
illllilllllllllllllll
?a e- zk
IIIIIIIillllllll
IIIIIIIillllilli
II Senkana to. WA
Spf1KINF r11 r116Yli��T(IAFAS I G SO.IYI
During the term of this Agreement, the LESSEE shall comply with all applicable laws affecting the
premises, the breach of which might result in any penalty on the COUNTY or forfeiture of the
COUNTY's title to the premises. The LESSEE shall not commit, or suffer to be committed, any
waste on the premises or nuisance. '
SECTION NO. 8: NOTICES
All notices, demands, or other writings in this Agreement provided to be given or made or sent, or
which may be given, or made or sent by either party hereto to the other, shall be deemed to have
been fully given, or made or sent when made in writing and deposited in the United States Mail,
certified, postage prepaid and return receipt requested, and addressed as follows:
To COUNTY:
Board of County Commissioners of Spokane County
1116 West Broadway
Spokane, Washington 99260
To LESSEE:
WESTERN DANCE ASSOCIATION OF SPOKANE
PO Box 3052
Spokane, Washington 99220
The address to which any notice, demand or any other writing may be given, or made ,or sent to any
party as provided for herein above, may be changed by written notice given by such party as provided
for herein above.
SECTION NO. 9: REPAIRS
The LESSEE shall, throughout the term of this Agreement, at its own cost and without any.expense
to the COUNTY, keep and maintain the premises, including the recreational dance hall, storage
building and carport, all improvements and fixtures of every kind which may be a part thereof, and
all appurtenances thereto, including sidewalks adjacent thereto, in good, sanitary and neat order,
condition and repair, except as provided for to the contrary herein. The COUNTY shall not be
obligated to make any repairs, replacements, or renewals of any kind, nature, or description,
whatsoever to the premises, or any buildings or improvements thereon.
Any alterations, replacements or renewals, the total cost of which exceeds $1000.00, shall receive
prior written approval of the COUNTY.
The LESSEE shall provide for snow removal from the walking areas which the LESSEE has the
right to use under the terms of this Agreement. The COUNTY shall additionally remove snow
accumulation from the roofs of the recreational hall, attached carport ad storage building as
necessary to prevent structural damage and ice dams.
pages or io
IIIIIIIIIIIIII111111111111111111111101021, 082 28A
IIIIIIIIIIllllllll
Onallr ill UNIMAHrM If 166 Smhu.fo. W1
The COUNTY may inspect the Premises at any reasonable time: for the purpose of reviewing
compliance by the LESSEE with the terms of this Agreement.
SECTION NO. 10: LIENS
The LESSEE shall keep the Premises free and clear form all mechanics' and materialmens' and
other liens from work or labor done, services performed, materials, appliances, teams or power
contributed, used or furnished or to be used in or about the Premises for or in connection with any
operations of the lessee, or any alteration, improvement, repairs, or additions which the LESSEE
may make or permit or cause to be made, or any work or construction by, for or permitted by the
LESSE on or about the Premises.
SECT_ ION 11: UTILITIES
The LESSEE shall initiate, contract for and obtain in its own name and fully and promptly pay for all
electricity, heat, lights, power, telephone service, garbage and all other public and private utilities of
every kind famished to the Premises throughout the term hereof. LESSEE shall be responsible for
the purchase of building supplies for janitorial rest rooms kitchen and similar uses.
SECTION 12: COMPLIANCE WITH LEASEHOLD EXCISE TAX
The LESSEE hereby acknowledges that it is responsible for paying the "Leasehold Excise Tax," as
set forth by chapter 82.29A RCW, as now or hereinafter amended, which is applicable to this
Agreement. The LESSES shall be not only be solely responsible for paying such tax, but shall also be
responsible for representing itself in any challenge to the amount of such tax that the Washington
State Department of Revenue determines is due or any penalty associated with the tax.
The LESSEE agrees to promptly pay when due all taxes, rates, charges and assessments, special or
otherwise and public charges of every kinds and nature which may be lawfully imposed or assessed
in any way on the LESSEE with reference to the Premises.
The LESSEE shall also comply with and abide by all federal, state, county, municipal and other
governmental statutes, ordinances, laws and regulations affecting the premises, the improvements
thereon, or any activity conducted on or in such Premises.
SECTION NO. 13: NON - LIABILITY Or COUNTY
The COUNTY shall not be liable in any manner for any loss, injury or damage incurred by the
LESSEE from acts of theft, burglary, or vandalism, committed by either identified or unidentified
parties. The LESSEE shall be responsible for providing, and all expenditures relating thereto, any
security precaution that the LESSEE deems necessary to protect the premises and all improvements
thereon. The LESSEE shall be solely responsible for providing, and all expenditures relating to, any
safety and security precautions that the LESSEE deems necessary for the safety of the personnel,
guests, employees, patrons, or users of the premises, or property of the LESSEE located on the
Page 6 of 10
i 111111 IIIII Ilill III
111111111 lit o102 ��?o:2U
unaur rn munIMANFGq IF Sn m Snnkano rn wt
premises. The LESSEE shall implement security measures sufficient to secure the Premises after
hours and prevent unauthorized use.
SECTION NO. 14-. INSPECTION
The LESSEE shall make available to the COUNTY or its duly authorized representative at any time
from Monday through Friday, during normal business hours, all records, books or pertinent
information which the LESSEE shall have kept in conjunction with this Agreement and which the
COUNTY may be required by law to include or make part of auditing procedures or audit trails.
SECTION NO. IS: VENUE STIPULATION
This Agreement has been and shall be construed as having been made and delivered within the State
of Washington and it is mutually understood and agreed by each party thereto that this Agreement
shall be governed by the laws of the State of Washington, both as to interpretation and performance.
Any action at law, suit in equity, or judicial proceeding for the enforcement of this Agreement or any
provision hereof shall be instituted and maintained only in any of the courts of competent jurisdiction
in Spokane County, Washington.
SECTION NO. 16: ASSIGNMENT
Each party to this Agreement binds themselves, their partners, successors, executors, administrators,
and assigns to the other party of this Agreement and to the party's successors, executors,
administrators and assigns of each other party with respect to all terms, conditions and covenants set
forth herein. The LESSEE may not sublet the Premises, allow its use by any other person or entity,
nor assign, transfer in whole or in part its interest in this Agreement without the same being first
authorized in writing by the COUNTY. In the event of an assigmment, the assignee shall assume all
liability of the assignor. Any unauthorized voluntary or involuntary assignment or sub -lease shall be
void, and shall terminate this Lease at the COUNTY's option. Provided, that it is understood that the
continuance by the LESSEE of the support and sponsorship of activities pursuant to Attachment "A"
by the various clubs that make up the Association, scheduling them for certain times and dates with
them contributing to the expenses of maintenance and upkeep, heat, lights, etc., of the Premises, does
not amount to or consist of subletting as provided in this Section.
SECTION N0.17: WAIVER
No officer, employee, agent or otherwise of the COUNTY has the power, right of authority to waive
any of the conditions or provisions of this Agreement. The waiver of any breach of this Agreement
shall not be held to be a waiver of any other or subsequent breach. All remedies afforded in this
Agreement or at law shall be taken and construed as cumulative, that is, in addition to every other
remedy provided herein or by law. The failure of the COUNTY to enforce, at any time, any of the
provisions of this Agreement or to require, at any time, performance by the LESSEE of any of the
provisions hereof, shall be in no way construed to be a waiver of such provisions, nor any way affect
the validity of this Agreement or any part hereof or the right of the COUNTY to thereafter enforce
each and every such provision
Page 7 of 10
..
SECTION NO. 18: MODIFICATION
IV�I��NID��I�I�IINI�fl�VV �,'� °�.
There shall be no modification of this Agreement, except in writing, executed with the same
formalities of this present instrument.
SECTION NO. 19: SEVERABILPTY .
It is understood and agreed by the Parties that if any part, term or provision of this Agreement is held
by the court to be illegal, the validity of the remaining portions or provisions shall not be affected,
and the rights and obligations of the parties shall be construed and enforced as if this Agreement did
not contain a particular part, term or provision held to be invalid.
If it should appear that any part, term or provision hereof is in conflict with any statutory provisions
of Washington, then the part, term, or provision hereof which may conflict therewith shall be
deemed inoperative, null and void insofar as it may be in conflict therewith, and shall be deemed to
modify to conform to such statutory provisions.
SECTION NO.-20: NON - DISCRIMINATION
The LESSEE specifically agrees that no person shall, on the grounds of race, creed, color, sex or
national origin, be excluded from full participation in, or be denied the benefits of, or be otherwise
subject to, discrimination under any program or activity conducted by the LESSEE on the Premises.
SECTION NO. 21: IIEADINGS
The section headings appearing in this Agreement have been inserted solely for the purpose of
convenient and ready - reference. In no way do they purport to, and shall not be deemed to define,
limit or extend. the scope or intent of the sections to which they are pertaining.
SEMON NO. 22: TIME OF THE ESSENCE
Time is of the essence of each and every provision herein.
SECTION NO. 23: ALL WRITINGS CONTAINED HEREIN
This Agreement contains all the terns and conditions agreed upon by the Parties. No other
understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to
exist or to bind any of the Parties.
Page 8 of 10
IIII 1111111/1/ o 02�>� 20 8A iiiiiii 1111
PnK!>WF rD f1KdNi.SInmrn IF Sn -M %ftiAnP. Co. W11
The LESSEE has red and understands the whole of the above Agreement and now sates that no
representation, promise or agreement not expressed in this Agreement has been made to induce the
LESSEE to enter it.
IN WITNESS WHEREOF, the Parties have caused this amendment agreement to be
executed on date and year set forth herein above.
. sue:. • •. ag'
ATTEST:
VICKY M. DALTO
CLERK OF THE BOARD
BOARD OF COUNTY COMMISSIONERS
OF SPOKANE COUNTY, WASHINGTON
M. KATE Mc LTN, C air
J Vice -Chaff
STATE OF WASHINGTON )
) ss.
County of Spokane )
On this _2„_ day of, 1999, before me, the undersigned, a Notary
Public in and for the State of W s rgton, duly co mmissioned and sworn, personally appeared
M. KATE McCASLIN, JOHN RO Y, and PHILLIP D. HARRIS, to me known to be the
Commissioners of the Board of County Commissioners of Spokane County, a political
subdivision of the State of Washington, that executed the within and foregoing instrument, and
acknowledged the said instrument to be the free and voluntary act and deed of said political
subdivision , for the uses and purposes therein mentioned, and on oath stated that they were
authorized to execute said instrument, and that the seal affixed is the seal of said County.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day
and year first written above.
•! ;;��,�qT,,,::�' N '
Y P B and th State
r :` ? tv 1 i4, f W hingto re ding at S
.,A kane.
oA
r;
n My commission expires:
.FE,Ae1,�..
Page 9 of 10
a
1 11111 1111111 11111 1111
Bill lll�llll9 P 102 �8 128A
IIIIIIIIIII
svnrauc M MIMANPq IF SM grhan► ci. ra
ATTACHMENT "B"
WESTERN DANCE CENTER LEASE
(1) Individuals desiring to partake in dance/social activities sponsored by t11e
Western Square Dance Center may do so by contacting the Association's Board
of Directors at (509) 926 -1717 or by obtaining a quarterly schedule of activities
for the center which is available at the County Parks & Recreation Office,
located at 404 North Havana, Spokane, Washington 99202 -4663. Introductory
sessions are open to the general public, however, membership in the Association.
may be required to participate in on -going activity. The Association does not
discriminate on the basis of sex, age, race, color or religion for the purpose of
granting/maintaining membership.
(2) Groups /organizations desiring to use the Dance Center for square, round and
folk dancing and dance - related activities shall contact the Association's Board
of Directors at (509) 926 -1717.
(3) The Board of Directors will provide the County with a listing of accepted and
denied use applications for the Dance Center and t11e criteria used for making
the decisions.
(4) The Parks & Recreation Director, or his designee, shall meet with the Board of
Directors annually to discuss common matters pertinent to the functioning of the
Dance Center.
Page 11 of 10
I
11111111111111111111111IIi111111111111111IIillIIlllfll o102��s o 8A
VAUNF (Yl C(YWiS¢if1NFAS I F SO A Spokane Co. WA
WESTERN DANCEi ASSOCIATION
OF SPOKANE:.
C'
By: `}
(Title)
STATE OF WASHINGTON )
ss.
County of Spokane )
On this day personally appeared before me to me know to be the
individual(s) described in and. who executed the within and oregoing instrument, and
acknowledged that he/she/they signed the same as his/her /their free and voluntary act and deed, for
the uses and purposes therein mentioned. 141 n,1999.
GIVEN under my hand and official seal this _ _ day of C .1A Y
NOTARY PU�11 n and for he State
of Washington, residing at Spokane.
My commission expires: G V
(agrecNdanceha1199.d0c)
Page 10 of 10
TRANSNATION TTII,E INSURANCE COMPAPIY
This sketch is provided, without d rgc, for your
information. It is nbt intended to show all matters
related to the property including. but not limited to
area, dimensions, easements, ��oaolanentc, or
location of boundaries, It is not part of, nor does it
n1Odif5', the commitr ant or policy to which it is
attached Ilre company assumes NO LIABILITY'
for — matter related to this sketch. Reference
should be made to an accurate survey f or fiutlJ�
infOrroatiO[L
OWNER'S POLICY OF TITLE INSURANCE
Issued by Transnation Title Insurance Company
IM LandAmerica Transnation Title Insurance Company is a member of the LandAmerica family of title insurance underwriters.
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.
Attest:
Secretary
TRANSNATION TITLE INSURANCE COMPANY
1EE IIiS//,�4�F
SEPT 16, 1991 e1 By. U
4RIZONp *�
EXCLUSIONS FROM COVERAGE
President
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.
NM1 PA 10
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.
The following terms when used in this policy mean:
(a) "insured ": the insured named in Schedule A, and, subject to any rights or
defenses the Company would have had against the named insured, those who
succeed to the interest of the named insured by operation of law as distinguished
from purchase including, but not limited to, heirs, distributees, devisees, survivors,
personal representatives, next of kin, or corporate or fiduciary successors.
(b) "insured claimant ": an insured claiming loss or damage.
(c) "knowledge" or "known ": actual knowledge, not constructive knowledge
or notice which may be imputed to an insured by reason of the public records as
defined in this policy or any other records which impart constructive notice of
matters affecting the land.
(d) "land ": the land described or referred to in Schedule A, and
improvements affixed thereto which by law constitute real property. The term
"land" does not include any property beyond the lines of the area described or
referred to in Schedule A, nor any right, title, interest, estate or easement in
abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing
herein shall modify or limit the extent to which a right of access to and from the
land is insured by this policy.
(e) "mortgage ": mortgage, deed of trust, trust deed, or other security
instrument.
(f) "public records ": records established under state statutes at Date of
Policy for the purpose of imparting constructive notice of matters relating to real
property to purchasers for value and without knowledge. With respect to Section
1(a)(iv) of the Exclusions From Coverage, "public records" shall also include
environmental protection liens filed in the records of the clerk of the United States
district court for the district in which the land is located.
(g) "unmarketability of the title ": an alleged or apparent matter affecting the
title to the land, not excluded or excepted from coverage, which would entitle a
purchaser of the estate or interest described in Schedule A to be released from
the obligation to purchase by virtue of a contractual condition requiring the delivery
of marketable title.
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE.
The coverage of this policy shall continue in force as of Date of Policy in
favor of an insured only so long as the insured retains an estate or interest in the
land, or holds an indebtedness secured by a purchase money mortgage given by
a purchaser from the insured, or only so long as the insured shall have liability by
reason of covenants of warranty made by the insured in any transfer or
conveyance of the estate or interest. This policy shall not continue in force in
favor of any purchaser from the insured of either (i) an estate or interest in the
land, or (ii) an indebtedness secured by a purchase money mortgage given to the
insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT.
The insured shall notify the Company promptly in writing (i) in case of any
litigation as set forth in Section 4(a) below, (ii) in case knowledge shall come to an
insured hereunder of any claim of title or interest which is adverse to the title to the
estate or interest, as insured, and which might cause loss or damage for which the
Company may be liable by virtue of this policy, or (iii) if title to the estate or
interest, as insured, is rejected as unmarketable. If prompt notice shall not be
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;
provided, however, that failure to notify the Company shall in no case prejudice
the rights of any insured under this policy unless the Company shall be prejudiced
by the failure and then only to the extent of the prejudice.
4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED
CLAIMANT TO COOPERATE.
(a) Upon written request by the insured and subject to the options contained
in Section 6 of these Conditions and Stipulations, the Company, at its own cost
and without unreasonable delay, shall provide for the defense of an insured in
litigation in which any third party asserts a claim adverse to the title or interest as
insured, but only as to those stated causes of action alleging a defect, lien or
encumbrance or other matter insured against by this policy. The Company shall
have the right to select counsel of its choice (subject to the right of the insured to
object for reasonable cause) to represent the insured as to those stated causes of
action and shall not be liable for and will not pay the fees of any other counsel.
The Company will not pay any fees, costs or expenses incurred by the insured in
the defense of those causes of action which allege matters not insured by this
policy.
(b) The Company shall have the right, at its own cost, to institute and
prosecute any action or proceeding or to do any other act which in its opinion may
be necessary or desirable to establish the title to the estate or interest, as insured,
or to prevent or reduce loss or damage to the insured. The Company may take
any appropriate action under the terms of this policy, whether or not it shall be
liable hereunder, and shall not thereby concede liability or waive any provision of
this policy. If the Company shall exercise its rights under this paragraph, it shall
do so diligently.
(c) Whenever the Company shall have brought an action or interposed a
defense as required or permitted by the provisions of this policy, the Company
B 1190 -56A'
may pursue any litigation to final determination by a court of competent jurisdiction
and expressly reserves the right, in its sole discretion, to appeal from any adverse
judgment or order.
(d) In all cases where this policy permits or requires the Company to
prosecute or provide for the defense of any action or proceeding, the insured shall
secure to the Company the right to so prosecute or provide defense in the action
or proceeding, and all appeals therein, and permit the Company to use, at its
option, the name of the insured for this purpose.
Whenever requested by the Company, the insured, at the Company's expense,
shall give the Company all reasonable aid (i) in any action or proceeding, securing
evidence, obtaining witnesses, prosecuting or defending the action or proceeding,
or effecting settlement, and (ii) in any other lawful act which in the opinion of the
Company may be necessary or desirable to establish the title to the estate or
interest as insured. If the Company is prejudiced by the failure of the insured to
furnish the required cooperation, the Company's obligations to the insured under
the policy shall terminate, including any liability or obligation to defend, prosecute,
or continue any litigation, with regard to the matter or matters requiring such
cooperation.
5. PROOF OF LOSS OR DAMAGE.
In addition to and after the notices required under Section 3 of these
Conditions and Stipulations have been provided the Company, a proof of loss or
damage signed and sworn to by the insured claimant shall be furnished to the
Company within 90 days after the insured claimant shall ascertain the facts giving
rise to the loss or damage. The proof of loss or damage shall describe the defect
in, or lien or encumbrance on the title, or other matter insured against by this
policy which constitutes the basis of loss or damage and shall state, to the extent
possible, the basis of calculating the amount of the loss or damage. If the
Company is prejudiced by the failure of the insured claimant to provide the
required proof of loss or damage, the Company's obligations to the insured under
the policy shall terminate, including any liability or obligation to defend, prosecute,
or continue any litigation, with regard to the matter or matters requiring such proof
of loss or damage.
In addition, the insured claimant may reasonably be required to submit to
examination under oath by any authorized representative of the Company and
shall produce for examination, inspection and copying, at such reasonable times
and places as may be designated by any authorized representative of the
Company, all records, books, ledgers, checks, correspondence and memoranda,
whether bearing a date before or after Date of Policy, which reasonably pertain to
the loss or damage. Further, if requested by any authorized representative of the
Company, the insured claimant shall grant its permission, in writing, for any
authorized representative of the Company to examine, inspect and copy all
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
information designated as confidential by the insured claimant provided to the
Company pursuant to this Section shall not be disclosed to others unless, in the
reasonable judgment of the Company, it is necessary in the administration of the
claim. Failure of the insured claimant to submit for examination under oath,
produce other reasonably requested information or grant permission to secure
reasonably necessary information from third parties as required in this paragraph
shall terminate any liability of the Company under this policy as to that claim.
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF
LIABILITY.
In case of a claim under this policy, the Company shall have the following
additional options:
(a) To Pay or Tender Payment of the Amount of Insurance.
To pay or tender payment of the amount of insurance under this policy
together with any costs, attorneys' fees and expenses incurred by the insured
claimant, which were authorized by the Company, up to the time of payment or
tender of payment and which the Company is obligated to pay.
Upon the exercise by the Company of this option, all liability and obligations to the
insured under this policy, other than to make the payment required, shall
terminate, including any liability or obligation to defend, prosecute, or continue any
litigation, and the policy shall be surrendered to the Company for cancellation.
(b) To Pay or Otherwise Settle With Parties Other than the Insured or
With the Insured Claimant.
(i) to pay or otherwise settle with other parties for or in the name of
an insured claimant any claim insured against under this policy, together with any
costs, attorneys' fees and expenses incurred by the insured claimant which were
authorized by the Company up to the time of payment and which the Company is
obligated to pay; or
(ii) to pay or otherwise settle with the insured claimant the loss or
damage provided for under this policy, together with any costs, attorneys' fees and
expenses incurred by the insured claimant which were authorized by the
Company up to the time of payment and which the Company is obligated to pay.
Upon the exercise by the Company of either of the options provided for in
paragraphs (b)(i) or (ii), the Company's obligations to the insured under this policy
for the claimed loss or damage, other than the payments required to be made,
shall terminate, including any liability or obligation to defend, prosecute or
continue any litigation.
Conditions and Stipulations Continued Inside Cover
CONTROL NO.
A31-008100S
14329
CONDITIONS AND STIPULATIONS
7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE.
This policy is a contract of indemnity against actual monetary loss or
damage sustained or incurred by the insured claimant who has suffered loss
or damage by reason of matters insured against by this policy and only to
the extent herein described.
(a) The liability of the Company under this policy shall not exceed the
least of:
(i) the Amount of Insurance stated in Schedule A; or,
(ii) the difference between the value of the insured estate or interest as
insured and the value of the insured estate or interest subject to the defect,
lien or encumbrance insured against by this policy.
(b) In the event the Amount of Insurance stated in Schedule A at the
Date of Policy is less than 80 percent of the value of the insured estate or
interest or the full consideration paid for the land, whichever is less, or if
subsequent to the Date of Policy an improvement is erected on the land
which increases the value of the insured estate or interest by at least 20
percent over the Amount of Insurance stated in Schedule A, then this
Policy is subject to the following:
(i) where no subsequent improvement has been made, as to any partial
loss, the Company shall only pay the loss pro rata in the proportion that
the amount of insurance at Date of Policy bears to the total value of the
insured estate or interest at Date of Policy; or
(ii) where a subsequent improvement has been made, as to any partial
loss, the Company shall only pay the loss pro rata in the proportion that
120 percent of the Amount of Insurance stated in Schedule A bears to the
sum of the Amount of Insurance stated in Schedule A and the amount
expended for the improvement.
The provisions of this paragraph shall not apply to costs, attorneys' fees
and expenses for which the Company is liable under this policy, and shall
only apply to that portion of any loss which exceeds, in the aggregate, 10
percent of the Amount of Insurance stated in Schedule A.
(c) The Company will pay only those costs, attorneys' fees and expenses
incurred in accordance with Section 4 of these Conditions and Stipulations.
8. APPORTIONMENT.
If the land described in Schedule A consists of two or more parcels
which are not used as a single site, and a loss is established affecting one or
more of the parcels but not all, the loss shall be computed and settled on a
pro rata basis as if the amount of insurance under this policy was divided
pro rata as to the value on Date of Policy of each separate parcel to the
whole, exclusive of any improvements made subsequent to Date of Policy,
unless a liability or value has otherwise been agreed upon as to each parcel
by the Company and the insured at the time of the issuance of this policy
and shown by an express statement or by an endorsement attached to this
policy.
9. LIMITATION OF LIABILITY.
(a) If the Company establishes the title, or removes the alleged defect,
lien or encumbrance, or cures the lack of a right of access to or from the
land, or cures the claim of unmarketability of title, all as insured, in a
reasonably diligent manner by any method, including litigation and the
completion of any appeals therefrom, it shall have fully performed its
obligations with respect to that matter and shall not be liable for any loss
or damage caused thereby.
(b) In the event of any litigation, including litigation by the Company
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
competent jurisdiction, and disposition of all appeals therefrom, adverse to
the title as insured.
(c) The Company shall not be liable for loss or damage to any insured
for liability voluntarily assumed by the insured in settling any claim or suit
without the prior written consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION
OF LIABILITY.
All payments under this policy, except payments made for costs,
attorneys' fees and expenses, shall reduce the amount of the insurance pro
tanto.
11. LIABILITY NONCUMULATIVE
It is expressly understood that the amount of insurance under this
policy shall be reduced by any amount the Company may pay under any
policy insuring a mortgage to which exception is taken in Schedule B or to
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
estate or interest described or referred to in Schedule A, and the amount
so paid shall be deemed a payment under this policy to the insured owner.
12. PAYMENT OF LOSS.
(a) No payment shall be made without producing this policy for endorsement
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.
NM PA 10
ALTA Owner's Policy (10- 17 -92)
Cover Page
Form 1190 -58
(Continued)
(b) When liability and the extent of loss or damage has been definitely
fixed in accordance with these Conditions and Stipulations, the loss or
damage shall be, payable within 30 days thereafter.
13. SUBROGATION UPON PAYMENT OR SETTLEMENT.
(a) The Company's Right of Subrogation.
Whenever the Company shall have settled and paid a claim under this
policy, all right of subrogation shall vest in the Company unaffected by
any act of the insured claimant.
The Company shall be subrogated to and be entitled to all rights and
remedies which the insured claimant would have had against any person or
property in respect to the claim had this policy not been issued. If
requested by the Company, the insured claimant shall transfer to the
Company all rights and remedies against any person or property necessary
in order to perfect this right of subrogation. The insured claimant shall
permit the Company to sue, compromise or settle in the name of the
insured claimant and to use the name of the insured claimant in any
transaction or litigation involving these rights or remedies.
If a payment on account of a claim does not fully cover the loss of the
insured claimant, the Company shall be subrogated to these rights and
remedies in the proportion which the Company's payment bears to the
whole amount of the loss.
If loss should result from any act of the insured claimant, as stated
above, that act shall not void this policy, but the Company, in that event,
shall be required to pay only that part of any losses insured against by this
policy which shall exceed the amount, if any, lost to the Company by
reason of the impairment by the insured claimant of the Company's right
of subrogation.
(b) The Company's Rights Against Non - insured Obligors.
The Company's right of subrogation against non - insured obligors shall
exist and shall include, without limitation, the rights of the insured to
indemnities, guaranties, other policies of insurance or bonds,
notwithstanding any terms or conditions contained in those instruments
which provide for subrogation rights by reason of this policy.
14. ARBITRATION
Unless prohibited by applicable law, either the Company or the insured
may demand arbitration pursuant to the Title Insurance Arbitration Rules
of the American Arbitration Association. Arbitrable matters may include,
but are not limited to, any controversy or claim between the Company and
the insured arising out of or relating to this policy, any service of the
Company in connection with its issuance or the breach of a policy
provision or other obligation. All arbitrable matters when the Amount of
Insurance is $1,000,000 or less shall be arbitrated at the option of either the
Company or the insured. All arbitrable matters when the Amount of
Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to
by both the Company and the insured. Arbitration pursuant to this policy
and under the Rules in effect on the date the demand for arbitration is
made or, at the option of the insured, the Rules in effect at Date of Policy
shall be binding upon the parties. The award may include attorneys' fees
only if the laws of the state in which the land is located permit a court to
award attorneys' fees to a prevailing party. Judgment upon the award
rendered by the Arbitrator(s) may be entered in any court having
jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the
Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE
CONTRACT.
(a) This policy together with all endorsements, if any, attached hereto
by the Company is the entire policy and contract between the insured and
the Company. In interpreting any provision of this policy, this policy shall
be construed as a whole.
(b) Any claim of loss or damage, whether or not based on negligence,
and which arises out of the status of the title to the estate or interest
covered hereby or by any action asserting such claim, shall be restricted to
this policy.
(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
President, a Vice President, the Secretary, an Assistant Secretary, or
validating officer or authorized signatory of the Company.
16. SEVERABILITY.
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-
sion and all other provisions shall remain in full force and effect.
17. NOTICES, WHERE SENT.
All notices required to be given the Company and any statement in writing
required to be furnished the Company shall include the number of this
policy and shall be addressed to: Consumer Affairs Department, P.O. Box
27567, Richmond, Virginia 23261 -7567.
ORIGINAL Valid Only If Face Page, Schedules A and B Are Attached
SCHEDULE A
Amount of
Insurance:
$100,000.00
Policy No. Z- 259387
Premium:
$ 500.00 Customer No.:
PO 3075 /Sullivan 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:
The following portions of Government Lots 8 and 9 in Section 11,
Township 25 North, Range 44 East, W.M., described as follows:
BEGINNING at the Southeast corner of Section 11, Township 25 North,
Range 44 East, W.M.; thence North 0 047' West 925.08 feet along the East
line of Section 11; thence North 55 050' West, 36.60 feet to the Westerly
right of way line of Sullivan Road and the true point of beginning;
thence North 55 050' West 916.30 feet; thence North 89 013' East 751.04
feet to the Westerly right of way line of Sullivan Road; thence South
0 047' East, 524.91 feet along the Westerly right of way line of Sullivan
Road to the True Point of Beginning;
AND a portion of Government Lot 8 in Section 11, Township 25 North,
Range 44 East, W.M., described as follows:
BEGINNING at the Southeast corner of Section 11, thence North 0 047'
West, a distance of 1520.96 feet along the East line of said Section 11,
thence South 89 013' West, a distance of 30 feet to a point on the West
right of way of Sullivan Road and the true point of beginning, thence
North 69 053 -1/2' West, a distance of 321.12 feet, thence South 0 047'
East, a distance of 164.51 feet, thence North 89 013' East, a distance of
300 feet to a point on the Westerly right of way of Sullivan Road,
thence Northerly along said right of way line to the true point of
beginning;
EXCEPT Sullivan Road;
Situate in the County of Spokane, State of Washington.
Countersigned:
Authorized Officer or Agent
Owner's Standard Policy
SCHEDULE B
EXCEPTIONS FROM COVERAGE
Policy No. Z- 259387
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.
S. 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
SPECIAL EXCEPTIONS
Policy No. Z- 259387
1. 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.: 45114.9015 and 9015R
2. ANY UNPAID ASSESSMENT OR CHARGES, AND LIABILITY FOR FURTHER ASSESSMENTS
OR CHARGES BY VERA IRRIGATION DISTRICT NO. 15.
3. RIGHT OF WAY for Sullivan Road, if any, and any easement rights of
adjoining properties or the public to that portion of the land included
within such road, as disclosed by Right of Way Deed recorded on January
21, 1949 under Recording No. 859803A.
4. A building line of 100 feet from the center line of Sullivan Road, on
each side, from Trent Road to the Spokane River, in Sections 1, 2, 11
and 12 in Township 25 North, Range 44 East, W.M. by Resolution No. 55-
439.
5. Restrictions imposed by instrument recorded on December 8, 1957, under
Recording No. 504316B, as follows:
No use which the Spokane County Park and Recreation Department, or their
successors or assigns, may make of this property shall in any way
jeopardize and use of the remaining State owned lands as a pit site or
stockpile site, nor shall any objection be made due to the proximity of
the part to the presence of any crushing plant, asphalt plant, or any
other highway facility being used by the Department of Highways, its
agents, contractors, employees, or assigns.
In the event any portion or portions of the lands herein conveyed for
park and recreational purposes hall be hereafter vacated or abandoned
for further use as a public park or recreational area, all rights herein
granted shall cease and terminate and any such portion shall immediately
revert to and revert in the State of Washington, its successors or
assigns.
6. ACCESS ROAD EASEMENT AND THE TERMS AND CONDITIONS THEREOF:
GRANTEE: The United States of America
PURPOSE: Easement and right of way approx. 14 feet
wide with additional widths as necessary
for cuts, fills, turnouts and for curves
at the angle points; The right to enter
and clear timber, brush and grade and
level and also maintain and repair as
necessary
AREA AFFECTED: Exact location not disclosed
RECORDED: August 5, 1959
RECORDING NO.: 645248B
3
Owner's Standard Policy
Policy No. Z- 259387
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: As described in said instrument
DATED: December 28, 1982
RECORDED: August 31, 1983
RECORDING NO.: 8308310217
8. EASEMENT AND THE TERMS AND CONDITIONS THEREOF:
GRANTEE: The Washington Water Power Company, a
corporation
PURPOSE: Non - exclusive easement to construct,
reconstruct, maintain, repair, improve,
replace, use and operate an overhead power
lines; with right to inspect line and to
remove brush and trees
AREA AFFECTED: Parcel 1
DATED: March 16, 1984
RECORDED: March 27, 1984
RECORDING NO.: 8403270135
9. EASEMENT AND THE TERMS AND CONDITIONS THEREOF:
GRANTEE:
Spokane County, a political subdivision of
the State of Washington
PURPOSE:
Sewer
AREA AFFECTED:
A strip 30 feet in with described as
follows: Beginning at a point on the East
line of said Section that is 1583.89 feet
North of the Southeast corner thereof;
thence North 62 054116" West to a point in
a line parallel with and 30 feet Westerly
of the East line of said Section and the
true point of beginning of the line herein
to be described; thence continuing North
62 054116" West to a point in a line
parallel with and 85 feet Westerly o the
East line of said Section; thence
Northerly to a point that is North 89 013'
East 85 feet from a point on said East
line that is 1848.29 feet North of the
Southeast corner of said Section and the
end of said centerline
RECORDED:
November 18, 1994
RECORDING NO.:
9411180273
rd
Owner's Standard Policy Policy No. Z- 259387
10. LEASE AND THE TERMS AND CONDITIONS THEREOF:
LESSOR: Spokane County, a political subdivision of
the State of Washington
LESSEE: Western Dance Association of Spokane, a
non - profit corporation
FOR A TERM OF: 35 years
DATED: June 1, 1999
RECORDED: July 2, 1999
RECORDING NO.: 4386482
11. Unrecorded leaseholds, if any; rights of vendors and holders of security
interests on personal property installed upon said property; and rights
of tenants to remove trade fixtures at the expiration of the term.
12. 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.
cmb
END OF EXCEPTIONS
5