Title Insurance Mirabeau ParkPrepared for:
ANSNATION 'TITLE INSURANCE COMPANY
105 W. 3RD
SPOKANE, WASHINGTON 99201
(509) 922 -2222
227 -6511 Fax (509) 926 -1519
CITY OF SPOKANE VALLEY
ATTN: BILL
11707 E. SPRAGUE - STE. 106
Michelle Erwin, Title Officer
merwin @landam.com
RE: Order No.: ME- 259383
Customer Ref: P.O. 3075 /MIRABEAU POINT PARK
SCHEDULE A
EFFECTIVE DATE: March 17, 2003 at 8:00 A.M.
1. Policy or policies to be issued: Amount
2.
3.
(a) ALTA Owner's Policy $100,000.00 Premium $500.00
Tax exempt
(Standard)
Proposed Insured: CITY OF SPOKANE VALLEY, a municipal
corporation.
Title to fee simple estate or interest in said land is at the effective
date hereof vested in:
SPOKANE COUNTY PARKS, as to Parcels A, B and C, per Statutory Warranty
Deed recorded October 11, 2000 under Recording No. 4523651 and being a
correction of deed recorded April 19, 2000 under Recording No. 4473173
and SPOKANE COUNTY, a municipal corporation, as to Parcel D, per Quit
Claim Deed recorded November 15, 2002 under Recording No. 4802840.
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 12
LEGAL DESCRIPTION
PARCEL A•
Order No. ME- 259383
A portion of the Northeast quarter of Section 10, Township 25
North, Range 44 East, W.M., being more particularly described
as follows:
The Northerly 300.00 feet of the Northeast quarter of said
Section 10, as measured at right angles to the Northerly line
of the Northeast quarter of said Section 10, lying
Southwesterly of the Southwesterly right of way line of
Mirabeau Parkway as delineated on CRP 2762 as filed in the
Office of the Spokane County Engineering Department;
EXCEPT the Northerly 300.00 feet of the Westerly 200.00 feet
of the Northwest quarter of the Northeast quarter of said
Section 10, as measured at right angles to the Northerly and
Westerly line of said Northeast quarter of said Section 10;
Situate in the County of Spokane, State of Washington.
(Parcel No. 45101.9067 ptn NE 10- 25 -44)
PARCEL-B--:-1
ARCEL B•
A portion of the Northeast quarter of Section 10, Township 25
North, Range 44 East, W.M., being more particularly described
as follows:
BEING the Northerly 300.00 feet of the Northeast quarter of
said Section 10, as measured at right angles to the Northerly
line of the Northeast quarter of said Section 10 lying
Easterly of the Easterly right of way line of Mirabeau Parkway
as delineated on CRP 2762 as filed in the Office of the
Spokane County Engineering Department and Westerly of the
Westerly right of way line of the Inland Empire Paper Company
Railway;
Situate in the County of Spokane, State of Washington.
(Parcel No. 45101.9068 ptn NE 10- 25 -44)
PARCEL C•
Part of the Southeast quarter of Section 10, Township 25
North, Range 44 East, W.M., and being more particularly
described as follows:
legal cont.
Page 2 of 12
Order No. ME- 259383
legal cont.
COMMENCING at the East quarter corner of said section; thence
North 89 056111" West, along the North line of said quarter
section 1663.19 feet of the East right of way line of
Discovery Place; thence South 00 011133" West, along said right
of way line 212.19 feet to the point of beginning; thence
South 8905611111 East, 519.56 feet to the Westerly right of way
line of Mirabeau Parkway; thence South 41 056108" West, along
said right of way line, 403.74 feet to a tangent curve to the
right, the radius of which bears North 48 003152" West, a
distance of 27.50 feet, through a central angle of 84 059141"
an arc distance of 40.79 feet, to the North right of way line
of Mansfield Avenue and the beginning curve to the left, the
radius of which bears 36 05514811, a distance of 227.00 feet;
thence along said right of way line and said curve to the
left, through a central angle of 36 05115911, an arc distance of
146.06 feet to a point of tagency; thence North 89 056111"
West, 49.82 feet to a tangent curve to the right, the radius
of which bears North 00 003149" East, a distance of 27.50 feet,
through a central angle of 90 00714411, an arc distance of 43.26
feet, to the East right of way line of Discovery Place; thence
North 0001113311 East, along said line 231.33 feet to the Point
of Beginning;
Situate in the County of Spokane, State of Washington.
(Parcel No. 45104.9071 ptn SE 10- 25 -44)
PARCEL D•
That portion of the East half of Section 10, Township 25
North, Range 44 East, W.M., described as follows:
COMMENCING at the East quarter corner of said Section 10;
thence North 89 056.11" West, along the centerline of said
Section 10, 1013.95 feet to the Westerly right of way line of
Mirabeau Parkway the Point of Beginning of this description;
said Point of Beginning being on a curve to the right the
radius of which bears North 69 010122" West, a distance of
673.00 feet; thence along said Westerly right of way line and
curve to the left, through a central angle of 21 00613011, an
arc distance of 247.94 feet to a point to tangency; thence
South 41 056108" West, along said Westerly right of way line,
3.18 feet; thence North 89 056111" West, 519.45 feet, to the
Easterly right of way line of Discovery Place; thence along
the Easterly and Northerly right of way line of Discovery
Place the following 5 courses: 1) North 0001113311 East, 323.56
feet, to the beginning of a curve to the right the radius of
which bears South 89 048127" East, a distance of 673.00 feet;
2) along said curve to the right, through a central angle of
legal cont.
Page 3 of 12
Order No. ME- 259383
legal cont.
27 052'08 ", an arc distance of 327.35 feet to the beginning of
a curve to the right the radius of which bears South 6105611911
East, a distance of 37.50 feet; 3) along said curve to the
right through a central angle of 2402811711, an arc distance of
16.02 feet to a point of tangency; 4) North 52 031158" East,
75.56 feet, to the beginning of a curve to the left the radius
of which bears North 37 028102" West, a distance of 62.50 feet;
5) along said curve to the left, through a central angle of
201 1129'4211, an arc distance of 219.80 feet to the Easterly
line of the YMCA property; thence North 25 022'25"
West, along said Easterly line, 249.28 feet to the
Northeast corner of the YMCA property; thence North
89 056111" West, along the North line of the YMCA
property; 740.00 feet to the East line of the West 200.00
feet of the Northeast quarter of said Section 10; thence
North 00 006127" East, along said East line 1560.16 feet
to the South line of the North 300.00 feet of the
Northeast quarter of said Section 10; thence South
89 027133" East, along said South line, 693.58 feet to the
Westerly right of way line of Mirabeau Parkway; thence
along the Westerly right of way line of Mirabeau Parkway
the following 8 courses: 1) along a curve to the right
the radius of which bears South 56 054122" West, a
distance of 673.00 feet, through a central angle of
17 °12'18", an arc distance of 202.09 feet to a point of
tangency; 2) South 15 053121" East, 463.38 feet, to the
beginning of a curve to the left the radius of which
bears North 74 006139" East, a distance of 727.00 feet; 3)
along said curve to the left, through a central angle of
08 00911111, an arc distance of 103.45 feet to a point of
tangency; 4) South 24 002132" East, 255.31 feet, to the
beginning of a curve to the right the radius of which
bears South 65 057128" West, a distance of 673.00 feet; 5)
along said curve to the right, through a central angle of
20 02910311, an arc distance of 240.61 feet to the
beginning of a curve to the left the radius of which
bears North 86 026131" East, a distance of 727.00 feet; 6)
along said curve to the left through a central angle of
38 03610811, an arc distance of 489.81 feet to a point of
tangency; 7) South 42 009136" East, 26.61 feet to the
beginning of a curve to the right the radius of which
bears South 47 050124" West, a distance of 673.00 feet; 8)
along said curve to the right, through a central angle of
62 05911411, an arc distance of 739.85 feet to the Point of
Beginning of this description;
legal cont.
Page 4 of 12
legal cont.
Order No. ME- 259383
EXCEPT that portion conveyed to Spokane County for Discovery
Place, Road Rile No. 2666 by deed under Auditor's File No.
447291;
Situate in the,County of Spokane, State of Washington.
END OF SCHEDULE "A"
THE FOLLOWING INFORMATION IS PROVIDED FOR CONVENIENCE ONLY:
(Parcel No. 45105.9096)
[Abbreviated Description: PTN. E1 /2 10- 25 -441
Page 5 of 12
Order No. ME- 259383
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
45101.9067 2003 $25,498.37 $00.00 $25,498.37
(Affects Parcel A)
45101.9068 2003 $8,822.30 $00.00 $8,822.30
(Affects Parcel B)
45104.9071 2003 $14.00 $00.00 $14.00
(Affects Parcel C)
45105.9096 2003 $749.87 $00.00 $749.87
(Affects Parcel D)
(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.: 45101.9067; 45101.9068; 45104.9071;
45105.9096
Page 6 of 12
Order No. ME- 259383
4. Assessments levied by Consolidated Irrigation District No. 19, 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
45104.9071 2003 $77.00 $00.00 $77.00
45104.9096 2003 $286.00 $00.00 $286.00
5. Liability to future assessments by Consolidated Irrigation District No.
19.
6. Assessment levied by Spokane County.
For: U.L.I.D. No. 006
Affects: Parcels 45101.9067, 45101.9068
The exact amounts and interest rate may be obtained from the Spokane
County Treasurer at (509) 477 -4713 or (509) 477 -2293.
7. Notice of Assessment RID No. 513 by Spokane County Resolution No. 2-
0617.
8. Reservations contained in Deed recorded under Recording No. 745280. E�z�
9. EASEMENT AND THE TERMS AND CONDITIONS THEREOF:
GRANTEE: The Washington Water Power Company, a
corporation, its successors and assigns
PURPOSE: Erect, construction and maintain an
electric transmission line and telephone
system
AREA AFFECTED: Place 4 poles and 1 anchor, together with
the right of overhang approx. 1 foot
Northerly part of said described property
in the location as now surveyed and staked
thereon
RECORDED: Book 611 /Page 291
RECORDING NO.: 30114B
10. EASEMENT AND THE TERMS AND CONDITIONS THEREOF:
GRANTEE:
The Washington Water Power Company, a
corporation, its successors and
assigns
PURPOSE:
Erect, construction and maintain an
electric transmission line and
telephone
system
AREA AFFECTED:
Place 1 pole and 1 anchor on the
Westerly
part of said described property
together
with right of overhang approx.
700 feet
North of the South line thereof
RECORDED:
Book 611 /Page 293
RECORDING NO.:
301153
Page 7 of 12
Order No. ME- 259383
11. LICENSE AND THE TERMS AND CONDITIONS THEREOF:
RECORDED: April 28, 1953
RECORDING NO.: 167864B
REGARDING: Picnic and recreation area for the general
public
12. 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: This and other property
DATED: January 6, 1964
RECORDED: May 5, 1964
RECORDING NO.: 15237C
13. EASEMENT AND THE TERMS AND CONDITIONS THEREOF:
GRANTEE: The United States of America
PURPOSE: Construct, reconstruct, operate, maintain
a water pipeline
AREA AFFECTED: This and other property
RECORDED: June 22, 1965
RECORDING NO.: 118205C
14. Reservations contained in deed recorded on August 25, 1988 under
Recording No. 8808250250.
15. MATTERS SET FORTH BY SURVEY:
RECORDED:
RECORDING NO.:
DISCLOSES:
16. MATTERS SET FORTH BY SURVEY:
RECORDED:
RECORDING NO.:
March 15, 1990
9003150195
Survey
February 25, 1992 and June 22, 1993
9202250063 and 9306220119
Page 8 of 12
17.
s
EASEMENT AND THE TERMS AND CONDITIONS THEREOF:
Order No. ME- 259383
GRANTEE:
The Nature Conservancy, a District of
Columbia Non - Profit Corporation
PURPOSE:
Access
AREA AFFECTED:
East 50 feet of the West 250 feet of the
North 350 feet of the Northeast quarter
according to U.S. Government subdivision
procedures, Section 10, Township 25 North,
Range 44 East, W.M. and West 50 feet of
the Southeast quarter, according to U.S.
Government subdivision procedures, lying
North of the Northerly right of way line
of the Union Pacific Railroad, in Section
10, Township 25 North, Range 44 East, W.M.
DISCLOSED BY:
Statutory Warranty Deed
RECORDED:
April 2, 1993
RECORDING NO.:
9304020173
18. EASEMENT AND THE
TERMS AND CONDITIONS THEREOF:
GRANTEE:
Spokane County
PURPOSE:
Curbs, sidewalks, drainage, signage and
'
other usage deemed necessary
AREA AFFECTED:
This and other property
QSJj,/'-
RECORDED:
June 18, 1998
RECORDING NO.:
4233841
19. EASEMENT AND THE TERMS AND CONDITIONS THEREOF:
GRANTEE:
PURPOSE:
4'
AREA AFFECTED:
RECORDED:
RECORDING NO.:
Spokane County
Construction, installation, operations,
maintenance and repair of public
utilities, signs and road maintenance
installed or in the future installed
This and other property
June 18, 1998
4233842
20. EASEMENT AND THE TERMS AND CONDITIONS THEREOF:
GRANTEE: Spokane County
PURPOSE: Curbs, sidewalks, drainage, signage and
other usage deemed necessary
G5S AREA AFFECTED: This and other property
RECORDED: November 9, 1998
RECORDING NO.: 4291014
Page 9 of 12
21
22
Order No. ME- 259383
EASEMENT AND THE TERMS AND CONDITIONS THEREOF:
GRANTEE: U.S. West Communications Inc.
PURPOSE: Construct, operate and maintain an
underground electric distribution system
and underground natural gas system
AREA AFFECTED: This and other property
RECORDED: August 6, 1999
RECORDING NO.: 4399236
EASEMENT AND THE TERMS AND CONDITIONS THEREOF:
GRANTEE: NextLink, a corporation
PURPOSE: Construct, install, operate and maintain a
communication system; Ingress and egress
and Cut and trim trees
AREA AFFECTED: This and other property
RECORDED: August 18, 1999
RECORDING NO.: 4402901
23. SPECIAL ASSESSMENT AGREEMENT AND THE TERMS AND CONDITIONS THEREOF:
RECORDED:
RECORDING NO.:
June 17, 1999
4380652
24. Covenants, conditions and restrictions imposed by instrument recorded on
December 17, 1999, under Recording No. 4440953, including, but not
limited to, liability for assessments levied by the community
association, and rights or benefits which may be disclosed affecting
land outside the boundary described in Schedule A.
25. TITLE NOTICE AND THE TERMS AND CONDITIONS THEREOF:
GIVEN BY: Spokane County Division of Current
Planning
REGARDING: Land Use Regulation Action
DATED: January 25, 2000
RECORDED: January 27, 2000
RECORDING NO.: 4451501
26. TITLE NOTICE AND THE TERMS AND CONDITIONS THEREOF:
GIVEN BY: Spokane County Division of Current
Planning
REGARDING: Land Use Action
DATED: January 25, 2000
RECORDED: January 27, 2000
RECORDING NO.: 4451502
27. EASEMENT AGREEMENT AND THE TERMS AND CONDITIONS THEREOF:
RECORDED: January 28, 2000
RECORDING NO.: 4451600
Page 10 of 12
Order No. ME- 259383
28. EASEMENT AND THE TERMS AND CONDITIONS THEREOF:
GRANTEE: The Washington Water Power Company, a
corporation, its successors and assigns
PURPOSE: Erect, construction and maintain an
electric transmission line and telephone
system
AREA AFFECTED: Place 4 poles and 1 anchor, together with
the right of overhang approx. 1 foot north
of the South property line and 2 poles and
2 anchor approx. 900 feet West of the East
line and parallel thereto, on said
described property
RECORDED: Book 570 /Page 108
RECORDING NO.: 822076A
AFFECTS: Parcel D and other property
29. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: 5V L
RECORDED: Volume 32 /Page 260
RECORDING NO.: 942025A
REGARDING: Pipeline
AFFECTS: Parcel D and other property
30. 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: This and other property
DATED: April 27, 1973
RECORDED: May 24, 1973
RECORDING NO.: 7305240040
AFFECTS: Parcel D and other property
31. BORDER EASEMENT AND THE TERMS AND CONDITIONS THEREOF:
FAVOR OF: Spokane County, a political subdivision of
State of Washington
-k,-PURPOSE: Sidewalks, driveways and landscaping
45�jREA AFFECTED: Either side of Mirabeau Parkway as
described therein
RECORDED: January 23, 1998
RECORDING NO.: 4181251
32. MATTERS SET FORTH BY SURVEY:
RECORDED: September 11, 2000 and November 16, 2001
RECORDING NOS.: 4514966 and 4655211
DISCLOSES: Road Right of Way
Page 11 of 12
v � �
Order No. ME- 259383
33. TITLE NOTICE AND THE TERMS AND CONDITIONS THEREOF:
GIVEN BY: Spokane County Division of Planning
REGARDING: Land Use Regulation in File No. ZE37A -96
DATED: October 29, 2001
RECORDED: November 1, 2001
RECORDING NO.: 4649290
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:
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 2:
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 3:
Property Address: Not Disclosed. 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) 7 - 33
Sketch
sac
Page 12 of 12
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
n
1 2.9108
TRANS CATION TnU INSURANCE CQMPANv
This sketch is Pmv]dmi, without charge fitr ynur
i'lroml :J0. *_ It is not ffifo l"J to shay" 01 I:wwra
reir,;sd to the Pr pe" ieclt: r;itt�
t but rct Ilntacd to
ana, duncrsb:u, os3nnens, enaawlnn:nfn, er
loca <;: of h and r ea Its not Part o, nor does it
modify, the wn:rnitms .t rr policy to whlat it is
at cched The wmPanY assumes NO LIABILITY
for any matter related to this sketch. Reference
should be made to an accurate Survey for Autha
v
I � I 1.9071 �/� 1.9072
^�
�1 9101
n
— — — — — -
BURLINGTON NORTHERN RAILROAD
-����
_
INDIANA AVE
4.9091
— �— — --
I�
4.9099 4.9095 4.9099
4.9080
I
4.9093 4.9094
I BSP 0 07
49084
390(1
4.9098
SPO
- KANI; CDq pALOUSE
4.9083
L__ -�
1.
0 5
40034
RR
INTERSTATE 90
NORA AVE
I I
,N41 , AVE
r
4.9055
I SP 94 -950
4.9024
4.9050
4.9070
/
59�
4.9040
49059
II
4.9082
AbE 0�(•
(R� / /
/ 7.902W
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/
OWNER'S POLICY OF TITLE INSURANCE
Issued by Transnation Title Insurance Company
GLandAmerica 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.
TRANSNATION TITLE INSURANCE COMPANY
jN �NCORPOR4PF40 3�7
C� ��i✓L�ir
SEPT. 16, 1991 �� By:
Attest: 4L President
Secretary 4#lzo,010,
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.
NM 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. A 31- 0082300
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.
S. 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 fmal 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 1 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 fumished 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- 259383
Premium: $ 500.00
Date of Policy: October 28, 2003 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:
See "LEGAL DESCRIPTION:"
Authorized OAfter or Agent
t
Owner's Standard Policy
LEGAL DESCRIPTION:
PARCEL A-
Policy No. Z- 259383
A portion of the Northeast quarter of Section 10, Township 25 North,
Range 44 East, W.M., being more particularly described as follows:
The Northerly 300.00 feet of the Northeast quarter of said Section 10,
as measured at right angles to the Northerly line of the Northeast
quarter of said Section 10, lying Southwesterly of the Southwesterly
right of way line of Mirabeau Parkway as delineated on CRP 2762 as filed
in the Office of the Spokane County Engineering Department;
EXCEPT the Northerly 300.00 feet of the Westerly 200.00 feet of the
Northwest quarter of the Northeast quarter of said Section 10, as
measured at right angles to the Northerly and Westerly line of said
Northeast quarter of said Section 10;
Situate in the County of Spokane, State of Washington.
(Parcel No. 45101.9068)
PARCEL B•
A portion of the Northeast quarter of Section 10, Township 25 North,
Range 44 East, W.M., being more particularly described as follows:
BEING the Northerly 300.00 feet of the Northeast quarter of said Section
10, as measured at right angles to the Northerly line of the Northeast
quarter of said Section 10 lying Easterly of the Easterly right of way
line of Mirabeau Parkway as delineated on CRP 2762 as filed in the
Office of the Spokane County Engineering Department and Westerly of the
Westerly right of way line of the Inland Empire Paper Company Railway;
Situate in the County of Spokane, State of Washington.
(Parcel No. 45101.9068)
PARCEL C•
Part of the Southeast quarter of Section 10, Township 25 North, Range 44
East, W.M., and being more particularly described as follows:
legal Cont.
2
Owner's Standard Policy
legal cont.
Policy No. Z- 259383
COMMENCING at the East quarter corner of said section; thence North
89 056111" West, along the North line of said quarter section 1663.19
feet of the East right of way line of Discovery Place; thence South
00 011133" West, along said right of way line 212.19 feet to the point of
beginning; thence South 89 056111" East, 519.45 feet to the Westerly
right of way line of Mirabeau Parkway; thence South 41 056'08" West,
along said right of way line, 403.74 feet to a tangent curve to the
right, the radius of which bears North 48 003'52" West, a distance of
27.50 feet, through a central angle of 84 059'41" an arc distance of
40.79 feet, to the North right of way line of Mansfield Avenue and the
beginning curve to the left, the radius of which bears 36 05514811, a
distance of 227.00 feet; thence along said right of way line and said
curve to the left, through a central angle of 36 05115911, an arc distance
of 146.06 feet to a point of tangency; thence North 89 056'11" West,
49.82 feet to a tangent curve to the right, the radius of which bears
North 00 003'49" East, a distance of 27.50 feet, through a central angle
of 90 00714411, an arc distance of 43.26 feet, to the East right of way
line of Discovery Place; thence North 00 011'33" East, along said line
231.33 feet to the Point of Beginning;
Situate in the County of Spokane, State of Washington.
(Parcel No. 45104.9071)
PARCEL n!
That portion of the East half of Section 10, Township 25 North, Range 44
East, W.M., described as follows:
COMMENCING at the East quarter corner of said Section 10; thence North
89 056.11" West, along the centerline of said Section 10, 1013.95 feet to
the Westerly right of way line of Mirabeau Parkway the Point of
Beginning of this description; said Point of Beginning being on a curve
to the right the radius of which bears North 69 010122" West, a distance
of 673.00 feet; thence along said Westerly right of way line and curve
to the left, through a central angle of 21 00613011, an arc distance of
247.94 feet to a point to tangency; thence South 41 156'08" West, along
said Westerly right of way line, 3.18 feet; thence North 89 056111" West,
519.45 feet, to the Easterly right of way line of Discovery Place;
thence along the Easterly and Northerly right of way line of Discovery
Place the following 5 courses: 1) North 00 011'33" East, 323.56 feet, to
the beginning of a curve to the right the radius of which bears South
89 048127" East, a distance of 673.00 feet; 2) along said curve to the
right, through a central angle of
legal cont.
Owner's Standard Policy
legal cont.
Policy No. Z- 259383
27 05210811, an arc distance of 327.35 feet to the beginning of a curve
to
the right the radius of which bears South 61 056119" East, a distance
of
37.50 feet; 3) along said curve to the right through a central angle
of
24 02811711, an arc distance of 16.02 feet to a point of tangency;
4)
North 52 131'58" East, 75.56 feet, to the beginning of a curve to
the
left the radius of which bears North 37 028102" West, a distance of 62.50
feet; 5) along said curve to the left, through a central angle
of
201 02914211, an arc distance of 219.80 feet to the Easterly line of
the
YMCA property; thence North 25 022125"
West, along said Easterly line, 249.28 feet to the Northeast corner
of the YMCA property; thence North 89 056'11" West, along the North
line of the YMCA property; 740.00 feet to the East line of the West
200.00 feet of the Northeast quarter of said Section 10; thence
North 00 006'27" East, along said East line 1560.16 feet to the
South line of the North 300.00 feet of the Northeast quarter of
said Section 10; thence South 89 027133" East, along said South
line, 693.58 feet to the Westerly right of way line of Mirabeau
Parkway; thence along the Westerly right of way line of Mirabeau
Parkway the following 8 courses: 1) along a curve to the right the
radius of which bears South 56 054122" West, a curve distance of
673.00 feet, through a central angle of 17 °12'18", an arc distance
of 202.09 feet to a point of tangency; 2) South 15 053'21" East,
463.38 feet, to the beginning of a curve to the left the radius of
which bears North 74 006139" East, a distance of 727.00 feet; 3)
along said curve to the left, through a central angle of 08 00911111,
an arc distance of 103.45 feet to a point of
tangency; 4) South 24 002132" East, 255.31 feet, to the beginning of
a curve to the right the radius of which bears South 65 157'28"
West, a distance of 673.00 feet; 5) along said curve to the right,
through a central angle of 20 129'03 ", an arc distance of 240.61
feet to the beginning of a curve to the left the radius of which
bears North 86 026131" East, a distance of 727.00 feet; 6) along
said curve to the left through a central angle of 3803610811, an arc
distance of 489.81 feet to a point of tangency; 7) South 42 009'36"
East, 26.61 feet to the beginning of a curve to the right the
radius of which bears South 47 050124" West, a distance of 673.00
feet; 8) along said curve to the right, through a central angle of
62 05911411, an arc distance of 739.85 feet to the Point of Beginning
of this description;
legal cont.
4
Owner's Standard Policy
legal cont.
Policy No. Z- 259383
EXCEPT that portion conveyed to Spokane County for Discovery Place, Road
File No. 2666 by deed under Auditor's File No. 447291;
Situate in the County of Spokane, State of Washington.
(Parcel No. 45105.9096)
k
Owner's Standard Policy Policy No. Z- 259383
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.
Owner's Standard Policy
SPECIAL EXCEPTIONS
Policy No. Z- 259383
1. Liability to future assessments by Consolidated Irrigation District No.
19.
2. Assessment levied by Spokane County.
For: U.L.I.D. No. 006
Affects: Parcels 45101.9067, 45101.9068
The exact amounts and interest rate may be obtained from the Spokane
County Treasurer at (509) 477 -4713 or (509) 477 -2293.
3. Notice of Assessment RID No. 513 by Spokane County Resolution No. 2-
0617.
4. Reservations contained in Deed recorded under Recording No. 745280.
5. EASEMENT AND THE TERMS AND CONDITIONS THEREOF:
GRANTEE: The Washington Water Power Company, a
corporation, its successors and assigns
PURPOSE: Erect, construction and maintain an
electric transmission line and telephone
system
AREA AFFECTED: Place 4 poles and 1 anchor, together with
the right of overhang approx. 1 foot
Northerly part of said described property
in the location as now surveyed and staked
thereon
RECORDED: Book 611 /Page 291
RECORDING NO.: 3011413
6. EASEMENT AND THE TERMS AND CONDITIONS THEREOF:
GRANTEE: The Washington Water Power Company, a
corporation, its successors and assigns
PURPOSE: Erect, construction and maintain an
electric transmission line and telephone
system
AREA AFFECTED: Place 1 pole and 1 anchor on the Westerly
part of said described property together
with right of overhang approx. 700 feet
North of the South line thereof
RECORDED: Book 611 /Page 293
RECORDING NO.: 30115B
7. LICENSE AND THE TERMS AND CONDITIONS THEREOF:
RECORDED: April 28, 1953
RECORDING NO.: 167864B
REGARDING: Picnic and recreation area for the general
public
7
Owner's Standard Policy Policy No. Z- 259383
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: This and other property
DATED: January 6, 1964
RECORDED: May 5, 1964
RECORDING NO.: 15237C
9. EASEMENT AND THE TERMS AND CONDITIONS THEREOF:
GRANTEE: The United States of America
PURPOSE: Construct, reconstruct, operate, maintain
a water pipeline
AREA AFFECTED: This and other property
RECORDED: June 22, 1965
RECORDING NO.: 118205C
10
11
12
Reservations contained in deed recorded on August 25, 1988 under
Recording No. 8808250250.
MATTERS SET FORTH BY SURVEY:
RECORDED:
RECORDING NO.:
DISCLOSES:
MATTERS SET FORTH BY SURVEY:
RECORDED:
RECORDING NO.:
March 15, 1990
9003150195
Survey
February 25, 1992 and June 22, 1993
9202250063 and 9306220119
13. EASEMENT AND THE TERMS AND CONDITIONS THEREOF:
GRANTEE:
The Nature Conservancy, a District of
Columbia Non - Profit Corporation
PURPOSE:
Access
AREA AFFECTED:
East 50 feet of the West 250 feet of the
North 350 feet of the Northeast quarter
according to U.S. Government subdivision
procedures, Section 10, Township 25 North,
Range 44 East, W.M. and West 50 feet of
the Southeast quarter, according to U.S.
Government subdivision procedures, lying
North of the Northerly right of way line
of the Union Pacific Railroad, in Section
10, Township 25 North, Range 44 East, W.M.
DISCLOSED BY:
Statutory Warranty Deed
RECORDED:
April 2, 1993
RECORDING NO.:
9304020173
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Owner's Standard Policy Policy No. Z- 259383
14. EASEMENT AND THE TERMS AND CONDITIONS THEREOF:
GRANTEE: Spokane County
PURPOSE: Curbs, sidewalks, drainage, signage and
other usage deemed necessary
AREA AFFECTED: Parcels A through D
RECORDED: June 18, 1998
RECORDING NO.: 4233841
15. EASEMENT AND THE TERMS AND CONDITIONS THEREOF:
GRANTEE: Spokane County
PURPOSE: Construction, installation, operations,
maintenance and repair of public
utilities, signs and road maintenance
installed or in the future installed
AREA AFFECTED: Parcels A, B and D
RECORDED: June 18, 1998
RECORDING NO.: 4233842
16. EASEMENT AND THE TERMS AND CONDITIONS THEREOF:
GRANTEE: Spokane County
PURPOSE: Curbs, sidewalks, drainage, signage and
other usage deemed necessary
AREA AFFECTED: Parcel C
RECORDED: November 9, 1998
RECORDING NO.: 4291014
17. EASEMENT AND THE TERMS AND CONDITIONS THEREOF:
GRANTEE: U.S. West Communications Inc.
PURPOSE: Construct, operate and maintain an
underground electric distribution system
and underground natural gas system
AREA AFFECTED: This and other property
RECORDED: August 6, 1999
RECORDING NO.: 4399236
18. EASEMENT AND THE TERMS AND CONDITIONS THEREOF:
GRANTEE: NextLink, a corporation
PURPOSE: Construct, install, operate and maintain a
communication system; Ingress and egress
and Cut and trim trees
AREA AFFECTED: This and other property
RECORDED: August 18, 1999
RECORDING NO.: 4402901
19. SPECIAL ASSESSMENT AGREEMENT AND THE TERMS AND CONDITIONS THEREOF:
RECORDED:
RECORDING NO.:
June 17, 1999
4380652
9
Owner's Standard Policy
Policy No. Z- 259383
20. Covenants, conditions and restrictions imposed by instrument recorded on
December 17, 1999, under Recording No. 4440953, including, but not
limited to, liability for assessments levied by the community
association, and rights or benefits which may be disclosed affecting
land outside the boundary described in Schedule A.
21. TITLE NOTICE AND THE TERMS AND CONDITIONS THEREOF:
GIVEN BY: Spokane County Division of Current
Planning
REGARDING: Land Use Regulation Action
DATED: January 25, 2000
RECORDED: January 27, 2000
RECORDING NO.: 4451501
22. TITLE NOTICE AND THE TERMS AND CONDITIONS THEREOF:
GIVEN BY: Spokane County Division of Current
Planning
REGARDING: Land Use Action
DATED: January 25, 2000
RECORDED: January 27, 2000
RECORDING NO.: 4451502
23. EASEMENT AGREEMENT AND THE TERMS AND CONDITIONS THEREOF:
RECORDED:
RECORDING NO.:
January 28, 2000
4451600
24. EASEMENT AND THE TERMS AND CONDITIONS THEREOF:
GRANTEE: The Washington Water Power Company, a
corporation, its successors and assigns
PURPOSE: Erect, construction and maintain an
electric transmission line and telephone
system
AREA AFFECTED: Place 4 poles and 1 anchor, together with
the right of overhang approx. 1 foot north
of the South property line and 2 poles and
2 anchor approx. 900 feet West of the East
line and parallel thereto, on said
described property
RECORDED: Book 570 /Page 108
RECORDING NO.: 822076A
AFFECTS: Parcel D and other property
25. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF:
RECORDED: Volume 32 /Page 260
RECORDING NO.: 942025A
REGARDING: Pipeline
AFFECTS: Parcel D and other property
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Owner's Standard Policy Policy No. Z- 259383
26. 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: This and other property
DATED: April 27, 1973
RECORDED: May 24, 1973
RECORDING NO.: 7305240040
AFFECTS: Parcel D and other property
27. BORDER EASEMENT AND THE TERMS AND CONDITIONS THEREOF:
FAVOR OF: Spokane County, a political subdivision of
State of Washington
PURPOSE: Sidewalks, driveways and landscaping
AREA AFFECTED: Either side of Mirabeau Parkway as
described therein
RECORDED: January 23, 1998
RECORDING NO.: 4181251
AFFECTS: Parcel D and other property
28. MATTERS SET FORTH BY SURVEY:
RECORDED: September 11, 2000 and November 16, 2001
RECORDING NOS.: 4514966 and 4655211
DISCLOSES: Road Right of Way
29. TITLE NOTICE AND THE TERMS AND CONDITIONS THEREOF:
GIVEN BY:
REGARDING:
DATED:
RECORDED:
RECORDING NO.:
30. BORDER EASEMENT:
Spokane County Division of Planning
Land Use Regulation in File No. ZE37A -96
October 29, 2001
November 1, 2001
4649290
In Favor of: Spokane County a Political subdivision of
the State of Washington
PURPOSE: Mirabeau Parkway Road File No. 2179 & 2666
AREA AFFECTED: Parcels A through D
RECORDED: November 29, 2000
RECORDING NO.: 4537224
11
Owner's Standard Policy
31. BORDER EASEMENT:
ekh
GRANTEE: Spokane C,
the State
PURPOSE: Discovery
AREA AFFECTED: Parcels C
RECORDED: April 17,
RECORDING NO.: 4472491
Policy No. Z- 259383
Runty a Political subdivision of
of Washington
Place Road File No. 2666
and D
2000
END OF EXCEPTIONS
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