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Title Insurance Myrtle Point4_ b 1 { TRANSNATION t'ITLE 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 11707 E. SPRAGUE - STE. 106 RE: Order No.: ME- 259384 Customer Ref: P.O. 3075 /MYRTLE POINT SCHEDULE A EFFECTIVE DATE: March 14, 2003 at 8:00 A.M. 1. 2. 3. Michelle Erwin, Title Officer merwin @landam.com 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.. Title to fee simple estate or interest in said land is at the effective date hereof vested in: SPOKANE COUNTY, by Statutory Warranty Deed recorded July 1, 1997 under Auditor's File No. 9107010126. 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 5 Order No. ME- 259384 LEGAL DESCRIPTION Those portions of Sections 3 and 4, Township 2 44 East, W.M., and Lots 8, 9 and 10 in Block 5 ACRES as per plat thereof recorded in Volume Page 12, lying Southerly of the Ordinary High the Left Bank of the Spokane River and lying Easterly of the following described line: 4 North, Range of GRANDVIEW "K" of Plats, Water Line of Northerly and BEGINNING at the quarter corner common to said Section 3 and 4; (Basis of Bearings is North 02 002132" East on the .East line of the Northeast quarter of said Section 4) ; thence South 87 008145" West, 2,623.47 feet to a point on the Ordinary High Water Line on the Left Bank of the Spokane River, scaled from State Parks aerial photos, and the True Point of Beginning; thence South 43 017100" East, 48.70 feet to a 1/2 inch rebar L.S. 13315; thence continuing South 43 017'00" East, 82.28 feet; thence North 65 001116" East, 547.39 feet; thence North 77 013'37" East, 123.86 feet; thence North 73 047'12" East, 126.49 feet; thence North 59 017103" East, 176.53 feet; thence North 43 051135" East, 373.23 feet; thence North 46 059'13" East, 419.89 feet; thence North 85 046146" East, 539.58 feet; thence South 42 023144" East, 803.51 feet; thence South 0105313111 West, 14.23 feet to a found #4 rebar with cap marked L.S. 12904, per Record of Survey filed in Book 37 of Surveys, Page 13, in the Spokane Auditor's Office, lying 0.36 feet West of the Section line, accepted as Cement Plant Boundary, said point being a Point of Curve on a non - tangent curve, concave to the Southwest, the center of which bears South 31 005'42" West, 588.69 feet; thence Southeasterly along the arc of said curve, 174.48 feet, through a central angle of 16 058155" to the Point of Tangency; thence South 41 055124" East, 222.39 feet; thence South 4105614111 East, 493.90 feet to the Point of Curve of a 493.34 foot radius curve to the right; thence along the arc of said curve 256.48 feet, through a central angle of 29 047113" to an intersection with the North line of that parcel deeded to the Washington States Parks and Recreation Commission by deed recorded August 25, 1988 under Recording No. 8808250252, known as Parcel No. 13; thence North 56 °12'19" East (also shown of record as North 52 024118" East) 196.06 feet along said line to the Point of Terminus of this line description and a point on the Ordinary High Water Line of the Left Bank of the Spokane River, said point lying South 55 032112" East, 1,086.42 feet of the quarter corner common to said Sections 3 and 4; Situate in the County of Spokane, State of Washington. END OF SCHEDULE "A" THE FOLLOWING INFORMATION IS PROVIDED FOR CONVENIENCE ONLY: (Parcel No. 45046.9062) [Abbreviated Description: PTN. OF GL7 &8 IN 4- 25 -44; PTN. OF GL5 &7 IN 3- 24-44 & PTN. B5 GRAND VIEW AC] Page 2 of 5 c Order No. ME- 259384 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 45046.9062 2003 $No amounts given (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.: 45046.9062 4. ANY UNPAID ASSESSMENT OR CHARGES, AND LIABILITY FOR FURTHER ASSESSMENTS OR CHARGES BY IRVINE WATER DISTRICT. 5. Conditions and Restrictions contained in Deed imposed by instrument recorded on July 17, 1924 in Volume 407 of Deeds /Page 377, under Recording No. 763262. 6. MATTERS SET FORTH BY SURVEY: RECORDED: June 25, 1986 and December 7, 1990 RECORDING NO.: 8606250287 and 9012070239 DISCLOSES: Boundary lines and other matters Page 3 of 5 r Order No. ME- 259384 7. RIGHTS OF THE STATE OF WASHINGTON to that portion of the land, if any, lying in the bed of Spokane River, if that waterway is navigable. 8. Any change in the boundary or legal description of the land, or title to the estate insured, that may arise due to the shifting and changing in the course of Spokane River. 9. Rights and easements of the public for commerce, navigation, recreation and fisheries. 10. Any restrictions on the use of the land resulting from the rights of the public or riparian owners to use any portion which is now, or has formerly been, covered by water. 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: Myrtle Point. 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 policy to be issued in connection with this commitment will be ALTA 1992 policies, or, in the case of standard lender's coverage, the CLTA Standard Coverage Policy - 1990. The policy committed for or requested may be examined by inquiry at the office which issued the commitment. A specimen copy of the policy form(s) referred to in this commitment will be furnished promptly upon request. Page 4 of 5 " Order No. ME- 259384 NOTE 5: Transfer to be according to statute. ENCLOSURES: Paragraph(s) 5 and 6 Vesting Deed Sketch sac Page 5 of 5 e W P3 13 _ - - - - - - -.il - r(.82'11'10'E -'I 539.58 • .O t 7 9 GOVT. LOT 7 Iy D L \ 9 m 14.23' - m `�� R =588. -8.69' •(.6 3 1.42'06'E. J' L =174.48' 145.70* Gov, 3_- 1 FD. 1/2' R/B 8 R,P'3. PER f LOT 7 S 9 R.O.S. BOOK 28, PAGE 55 I ♦h 1 F / 1'1'1 �B�IZ ;y AREA � 24.14 ACRES VS11• 1 .. 10 ' A3. aE11 . 1 S.73' 10•W ,3. �Fe..P /e 0•Y�. 1, l8 �6 an�.s `'s...., 21 Ggy ' 16 2214' EW. p6S' g X3'31 � 825 9 • ., *fiya\ S.28'40'37' 37,y0 288.8 EW �. 50.W. o. sF 06 CaUNTY AAUDII'gri �WL��tSp -.�7 SFCR1,tiEtEiu5t7, MASN.: e� -af SO;g9 71 °lt N,3�06 44 S 4, o' ;X,�..z 1` I 5 7157 918' - W 1 ti�Y 2 57'2 128 \, 1288 , /s. �.S.16'22'10_E, N _ • Y 8.860 g6, ,JAG 1`40. 22 ti0•W s �gµ•t. 2 sl 72.84' 2 f Ls1g8.oP 6E N h8' p0' 8' GA 1 'A S 13'37'50`.1. 519 \ alt 34• A 153.12 �' A 16' 1 0. R.B ,p L1._ 22 ", 10'W , i S. 16'22.' 10'E�. < REPLAT OF BLOCK 1, N, m 185.85 9 i ' o,N•; N• y ', 2 y/ -. FIRST ADD. TO 07 O ,QaAxOV1EY1 "GaEg 6.p +• 4 1 5T.'teQ6 0A CE or S1Egµ't,.�.. 5173�37'50'W. ORANDVIEW ACRES OIP \k A` 8. n. %8o6. m Lo' . �,•,� 6 �t n\ ^o' 40.00' 0. O 3 1L 8 !� 2Q. • \a 0• to . a1B 220 SURVEYOR'S CERTIFICATE ,a (n FO• Y� EµP ,1 ,4�� C�. � THIS MAO GORRCC TLV REVRESENTS A SUn VEV MADE •.• JJ ME OR UNDER — OInECT'ON IN CONFORMANCE ,{ Rf041REMENTS W 1 SUnVEV ECl)A(11NG ACT q TYF i ^-+ 12 h�'!!.. '� N's.y.•.a .00 t•u•at ./ A./ 24t[f. , ( � � q �� . f Rf'COFin OF SURVEY: A PORTION OF THE N.E. 1/4 OF THE S.E. 1/4 AND GOV' T . LOTS 7 & 8, SEC. 4, AND OF GOVT. LOT 7, "!:C. 3, T. 25 N., R. 44 E.VY:M. S ✓.� ✓ldo.ss .!/orb e , 5r(w /. M ✓ur<r>s. �rf /ss.f EY .C<.e.' " .. P .✓ne � qr O<e .Herr errs ierrc q .o E /✓,ES•' Nirs dsio .fWn D.sf.INe.�E P� � <o �/t err t -af SO;g9 71 °lt N,3�06 44 S 4, o' ;X,�..z 1` I 5 7157 918' - W 1 ti�Y 2 57'2 128 \, 1288 , /s. �.S.16'22'10_E, N _ • Y 8.860 g6, ,JAG 1`40. 22 ti0•W s �gµ•t. 2 sl 72.84' 2 f Ls1g8.oP 6E N h8' p0' 8' GA 1 'A S 13'37'50`.1. 519 \ alt 34• A 153.12 �' A 16' 1 0. R.B ,p L1._ 22 ", 10'W , i S. 16'22.' 10'E�. < REPLAT OF BLOCK 1, N, m 185.85 9 i ' o,N•; N• y ', 2 y/ -. FIRST ADD. TO 07 O ,QaAxOV1EY1 "GaEg 6.p +• 4 1 5T.'teQ6 0A CE or S1Egµ't,.�.. 5173�37'50'W. ORANDVIEW ACRES OIP \k A` 8. n. %8o6. m Lo' . �,•,� 6 �t n\ ^o' 40.00' 0. O 3 1L 8 !� 2Q. • \a 0• to . a1B 220 SURVEYOR'S CERTIFICATE ,a (n FO• Y� EµP ,1 ,4�� C�. � THIS MAO GORRCC TLV REVRESENTS A SUn VEV MADE •.• JJ ME OR UNDER — OInECT'ON IN CONFORMANCE ,{ Rf041REMENTS W 1 SUnVEV ECl)A(11NG ACT q TYF i ^-+ 12 h�'!!.. '� N's.y.•.a .00 t•u•at ./ A./ 24t[f. , ( � � q �� . f Rf'COFin OF SURVEY: A PORTION OF THE N.E. 1/4 OF THE S.E. 1/4 AND GOV' T . LOTS 7 & 8, SEC. 4, AND OF GOVT. LOT 7, "!:C. 3, T. 25 N., R. 44 E.VY:M. S ✓.� ✓ldo.ss .!/orb fi,eornT (errs i Q i.sr Of B .... /, r �ar Fo..r..✓ 6w /rim...' Fce <f No�•� /.✓d..✓isr<r� . N C.�vit 5r(w /. M ✓ur<r>s. �rf /ss.f EY .C<.e.' " .. P .✓ne � qr O<e .Herr errs ierrc q .o E /✓,ES•' Nirs dsio .fWn D.sf.INe.�E P� � <o �/t err I O Fn. [o,✓e. Mo•,t r;'f'/.P� ;'l'P,r i'28'14'E. • FR qs Sre N �R/B • A Intl 2 2 2.10 ,T„Erreo %7[[ /re. ran /i, - ?oI' 3.0'24'30'W, BAS /S AF BEF4/V6% 41.78'- I 7'50'W. '✓•7337.50'E. q�oa'6 Ti+< �.rr L;r( Oi f Sro...rf t_ 09 so < c,rf .e mrf "OF • wnr Ty � B` rw(<✓ T e isrr< Mew ✓.terra <F BY Kfr✓(rM P N e<.( I gssee. / r95� -af SO;g9 71 °lt N,3�06 44 S 4, o' ;X,�..z 1` I 5 7157 918' - W 1 ti�Y 2 57'2 128 \, 1288 , /s. �.S.16'22'10_E, N _ • Y 8.860 g6, ,JAG 1`40. 22 ti0•W s �gµ•t. 2 sl 72.84' 2 f Ls1g8.oP 6E N h8' p0' 8' GA 1 'A S 13'37'50`.1. 519 \ alt 34• A 153.12 �' A 16' 1 0. R.B ,p L1._ 22 ", 10'W , i S. 16'22.' 10'E�. < REPLAT OF BLOCK 1, N, m 185.85 9 i ' o,N•; N• y ', 2 y/ -. FIRST ADD. TO 07 O ,QaAxOV1EY1 "GaEg 6.p +• 4 1 5T.'teQ6 0A CE or S1Egµ't,.�.. 5173�37'50'W. ORANDVIEW ACRES OIP \k A` 8. n. %8o6. m Lo' . �,•,� 6 �t n\ ^o' 40.00' 0. O 3 1L 8 !� 2Q. • \a 0• to . a1B 220 SURVEYOR'S CERTIFICATE ,a (n FO• Y� EµP ,1 ,4�� C�. � THIS MAO GORRCC TLV REVRESENTS A SUn VEV MADE •.• JJ ME OR UNDER — OInECT'ON IN CONFORMANCE ,{ Rf041REMENTS W 1 SUnVEV ECl)A(11NG ACT q TYF i ^-+ 12 h�'!!.. '� N's.y.•.a .00 t•u•at ./ A./ 24t[f. , ( � � q �� . f Rf'COFin OF SURVEY: A PORTION OF THE N.E. 1/4 OF THE S.E. 1/4 AND GOV' T . LOTS 7 & 8, SEC. 4, AND OF GOVT. LOT 7, "!:C. 3, T. 25 N., R. 44 E.VY:M. PROPERTY DESCRIPTION Portions of platted and unplattad land in the NP.k of the .,15PA aid C- ernment Lot 7 an-1 g, Section 4 and portions of Govern-,t ).OL 7, %ecrf un 1„ aft to I -hap 25 North, Rants 44 sac. M.M., Spokane County, Wsahington, AI sc rf Led as Collawa: `:ginning at the most northerly corner of Lnt 1, .Block 1 of Replec of block 1., First Addition to Grandview Acres per plat recorded In Book 16 of Plats, Page 32, said point also being tho Intersection of the s- thwesterly line of the Northern Pacific Railroad Spur with the southerly line of the Spokane InternaLlonal Rstlroad Spur; thence S73 °37'50 "W, along the northerly line of aid plat and along Said southerly line, 212.4' feet to the most - easterly corner of Lot S of said Block 1; thence along tho boundary of said Lot 5 the following four (4) courseal (1) S28.40137 "w, 88.06 feet; (2) S73 037'50'9 157.98 feet; (3) S16.22'30"E, 72.84 feet; (4) S73 °37'50197, 153.12 feet to the northwest corner of Lot 4 of said Block 1 and a point on the easterly line of Cement Lane, a priv. road; thence S16 422'10 "E, along the westerly line of said Lot 4 and along said easterly line, 185.05 feet to the northerly line of Empire Way; thence S73.37150 "W, along said northerly line, 40.00 feet to the westerly line of said Cement Lane and the southeaster: corner of Lot 1, Block 2, First Addition to Grandview Acres per plat recorded in Book "I of Plats, Page 6; thence X16.22'10 "W, along said westerly line and the easterly lin. of said Lot 1 a distance of 286.11 feet to a point on the southerly line of the northerly 34.00 feet of said Lot 1; thence S73 °37'50 "W, along said southerly line, 128.04 feet to point on the westerly line of ea id Lot 1; thence X16 °22'10 "W, along said westerly line, 34.00 Eeec to [he northea: to ray corner of Lot 2 of said Block 2; thence S73 °37'50 "w, ell the northerly line of said Lot 2 a distance of 131.42 feet; thence N35°06104191, 178.21 feet; thence S73 °37'30 "W, 468.83 feet; thence X16.22130 "W, 47.14 feet to the point of eurve'of a nontangent 880.00 foot radius curve to the left, the center of circle of whit bears S23 °04153 "E; thence along the arc of aaid curve through a central angle of 12.57'2011, 198.98 feet to the point of tangent; thence S53 657'47'97, 388.06 feet to a pot on the northerly line of the Spokane International Railroad Spur; thence S73 °37'50 "W, along said .northerly line, 190.24 feet to an existing concrete monument; thence N53 °53.09'IE, 1095.31 feet to an existing concrete monument; thence N16 °20150197,. 754.28 feet{ thence 482611'10"E, 539.58 feed thence S45 °59120 "E, 803.51 feet to an existing concrete monument and a point w the east line of said Government Lot 7, Section 4 as monumented by Kenneth P. Noorie in 1954; thence S01°42'05'T, along said east line, 14.23 feet to a point which bears 1101 °42'05 "W, 145.70 feet from the Ek corner of said Section 4, said point also being on the northeasterly line of the Northern Pacific Railroad Spur and the point of curve of a nontangent 588.69 foot radius curve to the right, the center of circle of which bears S27 °31'51'97; thence along said northeasterly line the following two (2) cuutaesr (1) a1-8 the arc of said curve, through a cencral angle of 13`58'55 ", 174.48 feet to the point of tangent; (2) 545 °29'1419;, 222.10 feet to an existing concrete monument and a point on the northerly line of the Spokane International Railroad Spur; thence S0424130'91, 41.78 feet to the point of beginning. vi 1 s/q EXCEPT that portion, if any, granted for use by the Northern Pacific Railroad Company. SUBJECT TO easements of record. I M dt . \01 �. \N�9/�/ AREA �1 O �' 9y. �,8 2 14 • V �6_. . G'OV'T. LOT 8 _ 1 / N � 3t5 e° Sr f ` o 6 E` a � /' S' yes a o a tt�,y�: •..._ �h 1�5� A 89a pa E "� ti y9 90' 5' `j g T3 ✓ g a _Rj`LLRO l t0 QpA a MJ• i .• PO l0 `` Rj0 ,Tf :2o^Y..;��. g 11 O I ,`; o, 91g• �PIFE %! S 111 �C "Eg C 13.3t Ott �NOVI O ,0 .. I O I O .% --'' -6...p o. 601. o :c 9 .. Oµ PEP o ... p O la . 0'' , ' id t0 r 0�� SID 1a 0 7 0 A39 rn.,:,," u DEC 7 3 41 PH '90 I " t43 S 2563,)6" � � 1vntiiii;iiin;,,ul�e .T Sro Y,nr@• 101111, I7n5 {I, TRAYERSE OF THE ORDINARY HIGH WATER MARK, SPOKANE 2`942°%. �U �r AERIAL PHOTOS. 3 31.0 ACRES �S' �' I 3 to x 'n W to I I.E.P. CO. �- ;fy � PROPERTY s -� 3 ° TRADE WITH IP Cv STATE PARKS/ o o. F Ig N ° h SPOKANE COUNTY 1;� N � • to S 85 o '46'46" IN r` iX y F N v �1 --LL F' 539.58' bt N 72'53'50" E �6 T 600�' s I T 68.01' g5 `L tx ��, ,z CEMENT A�. 9'27" E 10. °` PLANT �o�� 1.89' A� 1^� 00 ��, PROPERTY s,, 5r F I �; 10 ti co `1 ��,� 5:1 �1 NO S 01,54,08" w .1 145.84' �1h 0 = 16'58'55 "� i3c' R = 588.69' \ �' Jro- 00 + T = 87.89' + 1/4 —1 Tr>s ,fl°, E 0g'� ) L_ 174.48• _ _ _ — \ ?r'2 sr'x. 2623.4P N 87'OB'45� E \ �9 s h� �9 123.86 5 1"1'13 37 N X3.41 12 S j •6 5� M S 552'12' E R�• �6'• 108 � Oj 6.42' 'r s6'• ��e / / / +S 1713 3J-- T z °' \ F PROPERTY o I A = 2947'13" 19 S 01'53'31" W p / 14.23' 0.39' R = 493.34' S61� 06 \ T = 131.21' C) N(1110 + 33000 N I A e 16.58.55" 1 L= 256.48' ' FDA 8 C CAP MKD '12904' 0.37' R s 588.69' (TYPICAL) T = 87.89' i S 01'54'08' W L m 174,48' SURVEYOR'S CERTIFICATE 145.84' 1 � THIS AP CORRECTLY REPRESENTS A 1111111Y MADE ^. 1/4 >t) 'Mf M OR VNOER MY DIRECTION IN CONFORMANCE WITH Ti:S _ QOR. �s. RHGUIREMENTS OF THE SURVEY RECORDING ACT AT T }:". \ N 87'08'45' E �>r• / gEOVEST OF W IN WD MEETS Z NOT TO SCALE GRAPHIC SCALE FINAL MAP '1 '°° �° .1 '�° IEP LAND TRADE ( ur Fm Am F. BENTmN t Assocuns I coon - 900 tL CbWUW NNIF"D MI a a.In.•. •DIRE! (509) 325 -4629 WAS MISSION AVE • SUITE 15 • SPOKANE. WA 99201 alovr. PERRON DRA)WW Br. J/M � JEFF DA Mr 8 -8 -90 RTY 1 8 -8 -90 REVISED AND SET FINAL EINDRY. JM . -- f r ,/ /M naD BOOZY ae 8811 r1 :I rn "r y AUDITOR'S CERTIFICATE ' FILED.FOR RECORD THIS DAY OF 19_..AT M. IN BOOK OF AT PAGE AT THE REQUEST OF COUNTY AUDITOR SCALED TRAVERSE OF THE LEFT BANK Oi RIVER AT THE ORDINARY HIGH WATER MF.i PARKS AERIAL PHOTOS. 19 + N72-53-50- E 68.01 c. S 79'29'27" E 350.89 STENGER ROAD AND LOCKWOOD STREET J�' ARE VACATED IN THE AREA OF THIS SURVEY. r ex `st ell �-J e �%K� C _ Is s0- Z� 8 �tk7 59 123.$37" w 48. 0' S 77 -A N 7 . �IP VACATED LOCKWOOD 11 / STREET ✓ T PROPERTY DESCRIPTION IEP LAND TRADE AT Ca(ENT PLANT Those portions of Sections 3 and 4. Township 25 North, Range 44 East, W.M., City and County of Spokane, Washington, lying south - eAy of the Ordinary High Water line of the Left Bank of the Spokane River and lying northerly and easterly of the following described line Beginning at the quarter corner common to sold Sections 3 and 4; (Basle of Bearings Is N 0292'32' E on the east line of the northeast quarter of sold Section 4.) thence S 87'08'45' W, 2623.47 feet to a point on the Ordinary High Water Line on the Lett Bank of the Spokane River, scaled from state pork's aerial photos, to the True Point of Beginning; thence S 4377'00' E. 48.70 feet to a 1/2 Inch rebar L.S. 13315; thence continuing S 4317'00' E, 62.28 feet; thence N 65'01'16' E, 547.38 feet; thence N 77'13'37' E. 123.86 feet; - thence N 73'47'12' E, 126.49 feet; thence N 5917'03" E. 176.53; thence N 4331'35' E, 373.23 feet; thence N 4639'13 E. 419.89 feet; thence N 85'46'48' E. 539.58 feet; thence S 4223'44' E. 803.51 feet; thence S 01'53'31' W, 14.23 feet to a found /4 rebar with cap marked L.S. 12904, per Record of Survey Bled In Book 37, Page 13, In the Spokane Auditors Office, lying 0.38 feel West of the section line, accepted as Cement Plant Boundary, sold point being . a Point on Curve of a non — tangent curve. concave to the southwest, the center of which bean S 31'05'42' W. 588.69 foot thence southeasterly along the are of sold curve 174.48 feet, through a control angle of 1638'55' to the Point of Tanjency, thence S 4135'24' E, 222.39 feet; thence S 4136'41 E, 493.90' feet to the Point of Curve of a 493.34 feet Radius curve to the right thence along the Are of sold ,urve, 258.48 feet, through $.Central Angle of 29'47'13 "; thence N 56o12'19" E, 196.06 feet to the Point of Terminus of this line description and a point on the Ordinary High Water Line of the Left Bank of the Spokane River, said point lying S 55'32'12' E, 1086.42 feet of the quarter comer common to sold Sections 3 and 4; Containing approximately 31.0 acres. LEGEND S 43'17'00 "��11�E -- 82.28' T I.E.P. CO. PROPERTY FD 30' CONC; MON. WITH 3' BRASS CAP MKD. 'WASHINGTON PARKS AND RECREATION .................... 0 AS PER ROS SK 41, PG 35 APPROXIMATE LOCATION OF ORDINARY HIGH WATER WATER LINE OF THE LEFT BANK OF THE SPOKANE RIVER AS TAKEN FROM STATE PARKS AREAL TOPO- GRAPHIC MAPS FOR THE CENTENNIAL TRAIL. ................. ............................... Q SET ¢1 REBAR W /CAP MKD. "BENTHIN 13315' ....................... • FD AS PER ROS BK 37, PAGE13 .................. ............................... SURVEYOR'S NOTES: 1. UNDERGROUND UTILITIES EXIST AND WERE LOCATED BY ABOVE GROUND EVIDENCE ADDITIONAL UNDERGROUND UTILITIES MAY EXIST. 2. CALL (509) 456 -8000 FOR UTIUTIES LOCATION PRIOR TO CONSTRUCTION. DEMO - UTION, OR EXCAVATION. SURVEY PERFORMED WITH TOPCON OTS-3 AND MEETS OR EXCEEDS V IN 20,000'. PURPOSE OF SURVEY TO ESTABLISH PROPERTY BOUNDARY AND SET CORNERS. T w 0 0 N 0 U-) +331 . 8508250252 , . , THIS SPACE P.ROVIIiEtJ FOR RECOHnER''S USE: y y x M,.,. First American Title �a�t �•� „xa r : u E C11g�, t i►F FIRST AMFFOCAN TITLE • E , Insurance Company okOWS72rr � Cli /�V AUG 25 3 34 PH 16 ' Filed for *Record at Request of W 0 E,A jy�3lt1E. SY ILU aka"A Name - -- - - -. f76v SAMPSON Address City and State ___ -- - -- " OFF. MCE Statutory Warranty Deed THE GRANTOR, INLAND EMPIRE PAPER COMPANY, a Washington corporation, for and in consideration of $l0. t}0 and other good and valuable consideration, . in (land paid, conveys and warrants to WASHINGTON STATE PARKS AND RECREATION COMMISSION, the following described real estate, situated in the County of Spokane State of Washinp;ton: Legal description attached hereto as Exhibit "A" and by this reference incorporated herein, including Parcels l through 26.. I SUBJECT TO easements, covenants, restrictions and conditions of record including rights reserved by Grantor to construct, operate and maintain a hydro - electric power plant and a: reservoir pond or pool of.water affecting a portion of the r described lands as appears from instrument executed simultaneously\ \1 with this deed by Grantor on August x,.1988. �J Also subject to a pipeline easement affecting a portion of the described lands as appears from an instrument - Wato:.wcn i•:vlfs t�.r,.,r,. ,. executed simultaneously with this deed by Grantor on August, 1988. Dated August t .—,19-88 88000101 INLAND EMPIRE PAPER COMPANY Sale Amt. P — BY 0.I- "SKIP" CHILrBERG BY -- -- -- - STATE OF WASHINGTON S'PA'CE OF WASHINGTON —�ss. ... CO UNITY OF _- __ -�as. COl1N'I`Y Ol'. Spokane On this day personally appeared before me On Ihis ___ _ —�� _ day of _AuguS t 19 a 8 before me, the undersigned a Notary I'ublic ht and fOr tht Sliunle .d' 1Vashinglon, duly nu- - - - - -- missioned and sworn, personally appuared .c4/ to me known to be the individuul(s) .described in and who - - -- – _ -- -- - - - - -- -- "- "' . . executed- the within and foregoing instrument, and acknowledged that - signed-the same to me known to be th(QIN /__- _Pe'eefdetra andN ?�1�.11lb,� as free and voluntary act at it) rw�of_— INLAND_EMPIRE ,]?APER_COMPANY ,. _ for. the uses and purposes therein mentioned. the corporation that executed the foregoing instrument, slid acknowledged tl:% said msU'u- meat to be the free and voluntary act and deed of said corporation lur the uses uud purposes GIVEN under my hand and official seal (ilia therein mentioned, and on osth•stated dsyof _ 18__._... authorized to execute the said instrument andthat the beat affixed is the curperatesualofsaid corporation. Witness my hand and official I hereto affixed the clay and your first above wrnten. jJopiry public in and for the State of Washington, residatg at lU.� Z )x _ _. . - -_ —_ Notary pu is i'. i d ('ur an .S'laln of Washingwn, rusidiug al A— _ — _ Spokane — My commission expires:, LI'EI -n) W"s Ii ExiunT "A" � 1 VOL. �$ PACE 158 .t PARCEL 1: All that.portion.of Tracts 16, 17,- 18_19, 20 and of the 100 foot 4 strip lying between Tracts 16 and 17, and of that portion of the vacated road adjoining Tract 20. on the North that attaches by operation 'of law, Plat No. 1 of FAST FARMS IRRIGATED TRACTS according to plat recorded n o ume "K" of Plats, Page 4, lying Northerly and Northwesterly of the ordinary High. Water Line of the. Right Bank of the Spokane River, in Spokane County, Washington. PARCEL 2': That portion of Tract Plan Mn_ 1 of 'EAST FARMS IRRIGATED TRACTS according too plat recorded in Volume "K" of plam�; image and of that portion of Tract 128. Plat No._ 3 of EAST FARMS IRRIGATED TRACTS• according to plat recorded n Volume "N" of Plats, Page 28, in Spokane County, Washington, lying North- westerly of the Ordinary High Water Line of the Right Bank of the Spokane. River and Southeasterly of the following described line: Beginning at a point on the East line of said Tract 128,.from which the Northeast corner thereof bears North 1'09' West, 64.02 feet distant; thence South 57'19130" West, 239,.80 feet; thence South 49'11' West, 312.60 feet to an intersection.with the West line of Government Lot 6, said intersection bears South•01 *09' East, 1924.00 feet from the Northwest corner of Government-Lot 6, of Section 2, Township ,25 North, Range 45 East,. W.M.;.thence South 49.11' West, 26.00 feet; thence South 44'38' West; 482.80 feet; thence South 43'23' West, 346.45 feet; thence South 44'21130" West,. 147.85 feet to a point on the South line of said Section 2, said point being the Point of Terminus.; EXCEPT County road right -of -way. ALSO all that part of Tracts 124, 125, 126 and 127 in Plat No: 3 of EAST FARMS IRRIGATED TRACTS, according to plat recorded in Volume "N" of, Plats, Page 28,' in Spokane County, Washington, lying Northwesterly of the Ordinary High Water Line of the Right Bank of the Spokane River. PARCEL 3: That portion of Government Lots 10 and 11, Section 3, Township 25 North, Range 44 East, W.M., Spokane County, Washington, lying Southwesterly of the following described line: BEGINNING at a point on the South line of.said section from which the Southeast corner of said section bears South 88'58'30" East, 1265.00 feet; thencq_North 27'22' West, 30.54 feet; thence North,, 30'11030" East, 69.00 feet; thence South 88.39' West, 65.43 feet; thence North 3249'30" West, 173.20 feet, thence North 33103' West, 100.72 feet; thence North 40.08' West, 51.52 feet; thence North 34132' West, 4,4.05 feet; thence North 28.22'30" West, 70.56 feet;, thence. North 40'35130" West, 63.97 feet; thence North 49.26' West, 79.32.feet; thence North 40'18' West, 50.42 feet; thence North 51 °22' West, 143.94 feet; thence North 45'56' West, 247.85 feet;- thence North 52'50' West, 125.64 feet; thence North 57.15' West, 83.30 feet; thence North 62100' West, 77.47 feet; thence North 55'40' West, 65.30 feet; thence North 65.14' West# 110.23 feet; thence North 53'32' West, 55.82 feet; thence North 70.25' West, 45.05 feet; thence North 65.03' West, 72.76 feet;. thence North 62'32' West, 90.80 feet; thence North 69'53' West, 39.60 feet to a point on the North -South centerline of said section, said point being 1415.00 feet Southerly of the East -West centerline of said section and being the Point of Terminus of this line description. -.1- Y 1. • PARCEL 4: All of Government Lot 4 and that portion of Government Lot 1 in Section 10, Township 25 North,. Range 44 East, W.M.,.Spokane County, Washington, lying Southerly and Westerly of the following y. described line: Beginning at the Southeast corner of said Government Lot 1; c thence North 89'24.4' West, along the South line of said Govern - ment Lot. 1, 280.35 feet; thence North 29'40.8' West, 1138.23 i feet; thence North 89'28' West, 150.00 feet; thence North 29'40.8' West, 388.00 feet to a point on the North line of said Government Lot 1, said point being the Point of Terminus of this line. PARCEL 5: That portion of Government Lots 5, 10, and 11 of Section 4, and Government Lots 7 and 8 of.Section 5, Township 25.North, Range 44 East, W.M., Spokane County, Washington, lying Southerly of the following described line: BEGINNING at the intersection of the North right -of -way line of I, Maringo Drive. and the North -South centerline of said Section 5, c, said intersection lying South 00'17049" East, 898.41 feet from the Center Quarter Corner of said Section; thence along the following eleven courses: (1) South 85132122 ".East, 100.55 feet; (2) South 00.17149!' East, 240.00 feet; (3) North 81'36158" East, 1423.55 feet; (4) North 68'19140" East, 464.26 feet; (5) North 51.06011 ". East, 524.34 feet; (6) South 52'41119" East, .361.92 feet to a point lying South 00'00143" East, 683.03 feet from the Quarter Corner common to Sections 5 and 4; (7) South 83.31155" East, 799.43 feet; (8) North 76141105" East, 422.20 feet, (9) North 69.55139" East, 717.18 feet; (10) North 52.50'.29" East, 745.48 feet; (11) North 30.39'57" East, 331.24 feet to the Southeast corner of Upriver Park Addition, recorded in Book 8 of Plats, Page 94, and Point of Terminus of this. line description, said.point lies North 00'40155" West, 299.01 feet from the Center Quarter Corner of Section 4. ALSO, that portion of Government Lots 1, 2, and 6 of Section 4, Township 25 North, Range 44 East, W.M., in Spokane County, Washington, lying Southerly of the following described line: Beginning at the Center quarter corner on the North -South center- . {� line of said Section; thence North 00.45' West along the North -South centerline of said Section 657.83 feet to a point 660.00 feet South of the Northwest corner of Government Lot 6 of said Section 4; thence South 89'42' East, parallel with the North line of said Government Lot 6, 350.,.00 feet; thence to a point lying 250.00 feet, South 0.18' West, from the North line of said l�overnment Lot 6,. when measured at.right angles from said line, (A t a point 837.00 `feet record, and 841.00 feet measured (South 89'42! East) from the Northwest. corner of Government Lot 6; )q ; thence North 0118' East, 250.00.feet thence South 89'42' East, �( 190.20 feet along the common boundary, between.Government Lots 2 and 6 of said Section 4 to the point of intersection with the o' Southeasterly line of Bowie Road (Upriver Drive) ; thence South ' 89.42' East, along the South line of said Lot 2, 11.00 feet to a point on the contour which is 1937.20 feet in elevation above the datum plane now used by the City of Spokane; thence along said contour as follows, North 19'14' East, 192.20 feet; thence North 40'02' East, 348.20 feet; thence North 63.37' East, 174.60 feet; r thence South 70'55' East, 304.60 feet, thence North.87 *331 East, 40.00 feet; thence North 21'25' West, 167.60 feet; thence.North 74'13' East, 120.90 feet; thence South 41'18' West, 90.00 feet; thence South 37100' East, 100.00 feet; thence South 13'05' East, 140.00 feet; thence North 73'58' East, 110.00 feet; thence South .21'03' West, 133.00 feet; thence South 57'42" East, 211.50 feet; -2- OFl. 1 090 VOL. v thence South 53.31' East, 257:,10 feet; thence South 38 °56' East, 258.80 feet; thence South 40140'.East, 248.40 feet to a point on the. East line of said Section 4, from which the East quarter Section corner bears South 1'501 East, 874.50 feet, said point being the Point of Terminus of this line description. EXCEPTING THEREFROM that portion conveyed to Spokane County.for Bowie. Road P.H. No. 42 (now Upriver Drive) by deed recorded January_2.8, 1931 under Auditor's File No. 68214A in Volume 449 of Deeds, Page 22; AND EXCEPTING THEREFROM that certain 40 foot strip of land conveyed to Spokane Valley Land and Water Company by deed recorded July 26, 1913 under Auditor's File No. 398193 in Volume 331 of Deeds, Page 310. PARCEL 6: "An Those portions of Government Lots 1, 2, 3 and 7 of Section 11, Township 25 North, Range 44 East, W.M., Spokane County, Washington, lying Southerly and Westerly of the following f described line: Beginning at a point on the West line of said Section 11, from which the Northwest corner of said Section 11 bears North 0'59' West, a distance 1775.42 feet; thence South 85'07.5' East, 293.95 feet; thence South 73'34' East, 670.00 feet; thence North 67.02' East, 100.00 feet; thence south 23145:5' East, 129.95 feet; thence North 46 °42.5' East, 260.00 feet; thence South 23'29' West, 246.11 feet; thence South 53'48.5' East, 182.89 feet; thence South 89'11' East, 261.20 feet; thence North 19.07' East, 64.10 feet; thence South 60'33" East, 127.06 feet; thence South 83.26' East, 724.80 feet; thence South 72'59' East, 223.12 feet;. thence South 66`03' East, 275.22 feet; thence South.53146' East, . 162.00 feet; thence South 58.48.4' East, 147.00 feet, thence South 85.0.5.4' East, 300.00 feet; thence South 77.40.3' West, 200.06 feet; thence South 32.24.7' East, 446.40 feet; thence .South 47.01.7' East., 120.00 feet, thence South 44110.7' East, 143.00 feet; .thence South 53 °40.7' East, 228.90 feet; thence South 77'11.7' East a distance of 120.20 feet, more or less, to a point on the East line of said Government Lot 7 and the Point of Terminus. EXCEPT that portion deeded to Spokane International Railway. Company by Deed recorded under Auditor's File No. 143821 in -Book 167 of Deeds,. Page 525. oBn Those portions of Government Lots 8 and 9,. Section 11, Township 25 North, Range 44:Zast, W.M., in Spokane County, Washington, lying Southerly and Westerly of the following described line: Beginning at a point on the East line of Section 11, from which point the Southeast corner of Section it bears South 0'47' East, 925.08 feet; thence North 55.50' West, 952.90 feet; thence North 77'39' West, 135.00 feet; thence North 31.35' West, 205.00 feet; thence North 72 °10' West, 330.00 feet; thence North 76 "57' West to the West line of Government Lot 8, and the Point of Terminus of this description.. EXCEPT the East 30 feet of Government;,•Lot 9 for Sullivan Road. -3- Off." 08n MCE PARCEL .7: That part of Section 7, Township 25 North, Range 45 East, W.Mt,:; Spokane County, Washington, lying Northerly and Northeasterly ofAl the Ordinary High Water Line of the Right Bank of the .Spokane River and Southerly and Southwesterly of the following described line.in Descriptions "A" and "B" which follow: "An Beginning at a point on the West line of BARKER ROAD, said point bearing North 40 °16'00" West, 50.28 feet from the East 1/4 corner of said Section (basis of bearings is North 02'59100!' West on the East line of the Northeast 1/4) ; thence North 51'03'00" West, 377.20 feet; thence North 24'52100" West, 844.10 feet to a point on the line common to Tracts 96 and 97 of Plat No. 3, WEST FARMS IRRIGATED TRACTS as filed in Volume T, page 6 of Plats; thence North 28'35130" West, 512.68 feet to I point on the line common to Tracts 96 and 95; thence North 38.07100" West, 188.40 feet; thence. North 43'34100" West, 613.80 feet to a point on the line common to Tracts 95 and 94; thence North 15'01100" West, 326.28 feet to a point on the Southerly right of way line of the Spokane International Railway; thence.Southwesterly, along said right of way line, 1038.75 feet to a point 200.00 feet Northeasterly (along said right of way) from an intersection of the North -South centerline of said section and said right of way, said point being the Point of Terminus -for "A ". nB" Beginning at a point.on the Southerly right of way line of the SPOKANE INTERNATIONAL RAILWAY, said point bearing North 75'08'30!' East,, 200.00 feet from the intersection of the North -South centerline of said Section and the right of way. line (basis of bearings); thence .South 52.27' West, 621.3 feet; thence South 40'38' West, 127.55 feet; thence. South 18'51130" West, 267..77 feet ;.thence South 12'22' West, 319.71 feet; thence South 55'33' West, 15.26 feet; thence South 69'05' West, 343.88 feet; thence South 76'25' West, 264:52 feet; thence South 63'46' West, 468.98 feet;thence South 66.48' West, 535.45 feet; thence South 7014:0' West, 158.55 feet; thence South 77'43' West,.163.84 feet; thence North 0'17' West, 142.70 feet; thence South 89143' West, 115.00 feet to the Easterly right of way line of Flora Road, said point being the Point of Terminus for "B "1 EXCEPT Spokane County road rights of way. PARCEL 8: That part of Government Lots 1, 2, 3 and 4 and rFn_mu_A_CTS`,. � as filed Lon 8, Township 25 Washington, lying in Volume "O" of Plats, Page 38, all` in Sec North, Range 45 Eas'; W.M., Spokane County, Southerly of the following described line: Beginning at the West 1/4 corner of said section; thence North 80'22105 East, 30.21 feet (basis o " f bearings is North.02'52026" West on the West line of the Northwest quarter of said section) to a point on the East right of way•line of Barker Road and the True Point of Beginning; thence South 64'49110" East; 148.14 feet; thence South 83.35'52" East, 151.84 feet; thence North 84'21154" East, 265.91 feet; thence North 75'18102" East, 85.89 feet; thence .North 15.49152 ". West, 49.15 feet; thence North 75.39'31" East, 659.01 feet, thence North 13.14'28" East, 108.09 feet; thence North 67'20'38" East, 203.77 feet; thence North 62'49144" East, 232.06 feet; thence North 60'44128' East, 278.42 feet; thence North 07'36037" West,. 82.43 feet to the Southeast corner of BARKER_ ROAD MOBILE HOMES FIRST ADDITION-as filed in Volume 9, Page 70 of Plats; thence Nortn, 87'04'14,, East, 2.74 -4- F . 989. P GE 1592 VOL feet'to the West line of said Tract 48; thence North 61 122'18" East, 687.17 feet to the center of platted right of way between Tract 48 and 49; thence North 74.48'38" East, 1061.92 feet; thence North 89152108" East, 300.00 feet to the East line of Tract 49; thence North 00.54141" West, 25.00 feet;. thence South 81'29141" East, 300.00 feet; thence South 77140141" East, 300.00 feet; thence South 70.57141" East, 500.00 feet; thence South 52'2510" East,.375.23 feet to the East line of said Section and the Point of Terminus of this description, said point lying South 01`27115" East, 1828.50 feet from the Northeast corner of.said Section; EXCEPT County road rights of way. PARCEL 9: That portion of Government Lots 1, 2; 3, and 4, Section 9, Township 25 North, Range 45 East, W.M., Spokane County, Washington, lying Southerly of the following described line: Beginning.at a point on the West line of said section from which ° the. Northwest. corner of said section bears North 1.34' West, 1759.80 feet; thence South 58.11130" East, 209.50 feet; thence North 73 °23130" East, 162.40 feet; thence North 45.10' East, a 73..40 feet; thence North 80'14' East, 248.30 feet; thence North 69'34' East, 97.80 feet; thence South 14'56' East, 33.00 feet; thence South 74'19' West, 298.50 feet; thence South 47'08' West, 4 93.60 feet; thence South 62101' West, 71.80 feet; thence South 46'28' West, 83.00 feet; thence. South 47'22' East, 94.10 feet; 1 thence South 55'20' East, 210.00 feet; thence North 26'03' East, i 95.77 feet; thence South 66'46130" East, 654.00 feet; thence South 49'08' East, 473.70 feet; thence South 72'23' East, 326.40 feet; thence South 88.08! East, 183.20 feet; thence. South 01.19' East, 12.00 feet; thence North 48'17' East, 110.00 feet; thence South 64'12' East, 146.00 feet;?thence North 84'54' East, 499.40 i feet; thence North 85'33' East, 204.80 feet; thence North 82'41' East, 199.80 feet; thence North 76121' East, 209.80 feet; thence North 55'51' East, 110.00 feet; thence North 45130' .East, 99.90 feet; thence North 40152' East, 100.00 feet; thence North 33.29, East, 299.70 feet; thence North 38'50' East, 60.30 feet; thence North 27'49' East, 248.40 feet; thence North 39'15' East, 705.55 feet; thence North 42.30' East, 523.05 feet; thence North 51'32' East, 322.10 feet; thence North 60.33' East, 381.01 feet to a point on the East line of said Section 9, and the Point of Terminus, said point lying South 11381.00" East, 553.40 feet from the Northeast corner of said Section. PARCEL 10: That portion of Government Lots l; 2, 3 and 4 in Section 10, Township 25 North,,wRange 45 East; W.M., in Spokane County, > Washington, lying Southerly of the following described line: BEGINNING at a point on the West line of said Government Lot 4 which bears South 01'36130" East, 553.40 feet from the Northwest corner thereof; thence North 60'33' East, 419.14 feet; thence South 11135' East, 35.70 feet to A point on a contour which is ^. 20.38.00 feet in elevation above the datum plane now used by the City of Spokane; thence along the above described contour. as follows: North 61114' East, 83.30 feet; thence North 62'49' East, 100.00 feet; thence North 70.20' East, 100.00 feet; .thence North 11.24' East,_ 100.00 feet; thence .North 70'43' East, 205.00 feet; thence North 62'04' East, 120.00 feet; thence South 61.'42' i East, 67.00 feet; thence North 55'21' East, 92.00 feet; thence South 49.05' East, 58.00 feet; thence North 87'21' East, 111.30 feet to a point on the East boundary line of said Government Lot 4, thence North 1'19' West, along the East line of said Government Lot 4, 114.60 feet to the Northeast corner thereof; thence South 89'45'00" East, along the.North line of Government -5- tia�. 939 ?ACE x.593 Lot 3 of said Section 10,. 1323.60 feet, to the Northwest corner of=-Government Lot 2; thence South 89'37' East, along the North line .of Section 10, 1150.00 feet; thence South 56'39138" West, 576.00 feet; thence South 1'06' East, 332.00 feet; thence South. 70'19' East, 112.00 feet, thence South 63'21'.East, 150.96 feet; thence South 82'57' East, 273.70 feet; thence North 61'48' East, 224.60 feet; thence South 9138' East, 115.85 feet; thence South 46'48' East, 195.37 feet to a point on.a contour which is 2045 feet in elevation above the datum plane now used by the City of Spokane, Washington; thence along said contour, as follows: South 75'08,' East, 239...00 feet; thence North 89'24' East, 285.90 .feet; thence South 80129' East, 167.80 feet; thence South 70.53' East, 352.60 feet; thence North 83136' East, 114..18 feet to a point on the East line of said Government Lot 1, said point being the Point of Terminus and lying South 01'20' East, 1109.00 feet from the Northeast corner thereof. EXCEPTING therefrom that portion which lies within the West 30 feet of Government Lot 4 for Harvard Road; AND EXCEPT: that portion lying within Euclid Avenue on the North line of Section 10. PARCEL 11: That portion of Government Lots 4 and 3, and Tract 66, Plat No. 1, of EAST FARMS IRRIGATED TRACTS as filed in Volume• "K" of Plats, Page 4, and vacated 20.00 feet road West of Tract 66, Section 11, -Township 25 North, Range 45 East, W.M., in Spokane County, Washington, lying Southerly of the following described line: Beginning at a.point on the West line of said Government Lot 4 which bears South 01'20' East, 1109.00 feet from the Northwest corner thereof;. thence North 83.36' East, 123.72 feet; thence yl North 80'38' East, 308.60 feet; thence North 73.43' East, 299.70 feet; thence North 69.20' East, 345.70 feet; thence North 61'18' East, 93.90 feet; thence North 53.58' East, 107.85 feet; thence 0 North 48 *206: East,. 128.05 feet to a point on the East line of said Government Lot 4 from which a stake six inches square, r�1 showing twelve inches above ground, bears South 1'09' East, 19.50 feet; thence North 01'09' West, 12.44 feet along the West line of Government Lot 3, from which the Northwest corner of said. Lot 3 bears North 1'09' West, 639.06 feet; thence Easterly along a contour which is 2050 feet in elevation above the datum plane now used by the City of Spokane, as follows: North 44.21' East, 184.40 feet; thence North 35'29130" East, 94.17 feet; thence North 35'12' West, 140.30 feet; thence South 64'12130" East, 140.05 feet; thence North 4714113011 **East, 85.28 feet; thence North 42'51130" East, 259.50 feet; thence North 38'08' East, 74.45.feet; thence North 45'06130" East, 103.23 feet to the North. line of said Section and the Point. of Terminus; EXCEPT County road right of way. PARCEL 12: Those portions of Government Lots 1, 2, 3, 4 and 5 in.Section 12 And Government Lot l in Section 13, all in Township 25 North, Range 44 East, W.M., in Spokane County, Washington, lying Southerly and Easterly of the fo.11owing.described line: Beginning at the Southwest sdction corner of Section 12; thence North 0'47' West, along the West line of said Section; 925.10 feet to the True Point of Beginning; thence. South 52'44' East, 322.20 feet; thence South 48'20' East, 142.00 feet; thence South 65'50' East, 107..00 feet; thence South 68'06' East, 197.00 feet; thence South 56011' East, 128.00 feet; thence South 66'06' East, 187.00 feet; thence South 60'38' East, 354.00 feet; thence South -6- VOL. JUiJ PAGE �� 59'25' East, 151.00 feet, thence South 71'28' East, 296.00 feet; thence South 79149' East, 276:00 feet') thence South 83.45' East, 196.00 feet; thence North 86'30' East, _130.00 feet; thence South 78'28' East, 303.00 feet; thence South 89'14' East, 278.30 feet, thence South 83 109' East, 64.00 feet; thence North 76101' East, 50.00 feet; thence North 70'14' East, 131.00 feet, to a point on the section line between Sections 12 and 13; thence South 89'55' West, 363.00 feet, to a point on the North -South centerline of Section.12; thence North 0'.00130" West, 35.03 feet; thence North 83'40' East, 235.40 feet; thence North 63'50' East, 233:65 feet; thence North 42'50' East, 214.85 feet; thence North 22120' East, 255.02 feet; thence North 08120' East, 771.00 feet; thence North 15'47' East, 351.02 feet; thence North 26'16' East, 404.05 feet; thence North 39'16' East, 224.30 feet; thence North 52'16' East, 279.25.feet; thence North 58104' East, 286.05 feet; thence North 64104' East, 299.30 feet; thence North 71'35' East, 265.70 feet', thence North 56'16' East, 599.70 feet to a point on the East section line of Section 12 and Point of Terminus of this line description, said point lies North 0.27' West, 294.70 feet from the meander corner on the East line of said Section 12. PARCEL 13: That portion of the Southwest quarter of Section 3, Township 25 -L3 North, Range 44 East, W.M., Spokane County, Washington lying Northwesterly of.S.R. 290 (Trent Avenue) lying Northeasterly of the Northern Pacific Railroad Spur right -of -way line; lying Southwesterly of the Ordinary High Water Line of the Left Bank of i the Spokane River, and Southeasterly of the following described liner Beginning at the West Quarter corner of said Section 3; thence South 00'00118" West, along the West line of said Section, 199.13 feet to a point on the Northerly right -of -way line of the Spokane International Railroad; thence North 73.26118," East, along said right -of -way line, 308.17 feet to the Northeasterly right -of -way line of the Northern Pacific Railroad Spur right -of -way line; thence South 45'44'42" East, along said Northeasterly right-of- way line, 493.90 feet to the Point of Curve of a 493.34 foot Radius curve to the .right; thence along said right -of -way and Arc of said curve,.256.48 feet, through a Central Angle of 29'47113" to a point on curve and the True Point of Beginning; thence North 52.'24118" East, 196.06 feet more or less to said. Ordinary High . Water Line and Point of Terminus of this line description; ALSO, that portion of the West one -half of Section 3, Township 25 / North, Range 44 East, W.M., Spokane County, Washington, lying Northwesterly of S.R. 290 (Trent Avenue), lying Northeasterly of the ordinary High Water Line of the Right Bank of the Spokane River, and Southwesterly and Southerly of the following described line: Beginning at a point: =`on the West line of said Section 3 lying South 01'45029" East, 1349.97 feet from the section corner common to Sections 3, 4, 33 and 34; thence South 40'35154" East, 575.02 feet; thence South 43'22156" East, 1094.48 feet to a point Southerly and 30.00 feet distant from the East -West center line of said Section; thence South 89'41116" East, parallel with and 30.00 feet distant from said center line, 486.41 feet to the Southwest corner of Garland Court right -of -way line; thence along said Southerly right -of -way line the following (7) courses: (1) South 89'41116" East, 20.00 feet; (2).South 00.18144" West, 30.00 feet; (3) South 89'41116" East, 45.00 feet; (4) North 00.18144" East, 30.00 feet; (5) South 89'41'16" East, 224.99 feet to the Point of Curve of a 50.00 feet Radius curve to the right; (6) along the Arc of said curve 57.49 feet, through a Central Angle of 65'52134" to a Point on Curve; (7.) South 21'11118" West, 14.87 feet to a point on the Northwesterly right -of -way line of S.R. 290 (Trent Avenue) and Point of Terminus of this line description; -7- vo .` 89 `r.;c� "9" yot. 1 ALSO, that portion of the South one -half of Section 3, Township 2.5 North, Range 44 East, W.M., Spokane County, Washington, lying Northerly of Euclid Avenue, lying Southwesterly of the Ordinary High Water Line of the Left Bank of the Spokane River and North- easterly of the following described line: Beginning. at the South Quarter Corner of said Section 3; thence South 89'27155" East, along the South line of said Section, 1064.99 feet to the Meander Corner; thence North 78.53117" West, 217.91 feet to a point on the North right -of -way line of Euclid Avenue and the Southwesterly right -of -way line (20.00 feet from, centerline). of the Inland Empire Paper Co. Railroad, said point being the True Point of Beginning and a point on curve of 2272.75 feet radius curve concave to the Southwest from which the center lies South 52'54139" West; thence Northwesterly, along said Southwesterly right -of -way line and arc of said curve, 826.39 feet to the Point of Tangency; thence North 57'55120" West, along said right -of -way line, 1338.37 feet; thence North 73. 11'13" West,. 74.03 feet to the Southeast corner of a tract of land conveyed to Washington Water Power and recorded in Book 765 of Deeds; Pages 354 -356; thence North 48'08'00" West, 169.93 feet to the Southerly right of way line of the Northern Pacific Railway; thence North 73'25011" East, along said right of way to the Ordinary High Water Line of the Left Bank of the Spokane River and the Point of Terminus. PARCEL 14: ' That portion of the Northeast quarter of Section 10, Township 25 North, Range 44 East, W.M., Spokane County, Washington, lying Southerly of Euclid Avenue, lying Southerly and Westerly of the Ordinary High.Water Line of the Left Bank of the Spokane River, and Northerly and Easterly of the following described line.: Beginning at a point on the North line of said Section 10 lying South 89'27055" East, 887.12 feet from the North Quarter Corner of said section, said.point being on the Southwesterly right -of- way line (15.00 feet from centerline) of the Inland Empire Paper Co. Railroad and a point on a 2277.75 feet radius curve, concave to the Southwest, from which the center lies South 54'15151" West; thence Southeasterly along said.Southwesterly right -of -way line the following six (6) courses:, (1) along the Arc of said curve, 408.32 feet, through a Central Angle of 10.16116" to the Point of Tangency; (2) South 25'27147" East, 834.12 feet to the Point of Curve of a 462.47 feet Radius curve to the right; (3) along the Arc of said curve, 244.97 feet, through a Central Angle of 30'21100" to the Point of Tangency; (4) South 04153113" West, 223.79 feet to the Point of Curve of a 492.47 feet Radius curve to the left; (5) along the Arc of said curve, 622.22 feet, through a Central Angle of 72'23130" to the Point of Tangency; (6) South 67'30117" East, 941.67 feet to a point on the East line of said section, per.Simms' 1927 Survey for Inland Empire Paper Co., said point being the Point of-Terminus of this line descrip- tion and lying North 00'18'13" East, 224.00 feet from the East Quarter Corner of Section 10. PARCEL 15: ,R That portion of Section 11, Township 25 North, Range 44 East, W.M., in Spokane County, Washington, lying Westerly of Sullivan Road, lying Southerly of the Ordinary High Water Line of the Left Bank of the Spokane River, and Northerly, of the following described line: Beginning at the Section corner common to Sections 11, 12, 13 and 14; thence North 00140142" West, along the East line of said Section 11, 133.20 feet; thence North 60.54147" West, 34,56 feet to a point on the Westerly right -of -way line of Sullivan Road and the Southerly right -of -way line (20.00 feet from centerline) of —a- YDt. 9819 ?t.CE 1 596 the .Inland Empire Paper Co. Railroad and the True Point of Beginning; thence along said Southerly right -of -way line the following fifteen (15). courses:, (1) North 60.54147" West, 8.07 feet to the point of curve of.a 5749.58 feet radius curve to the ` right;..(2) along the arc of said curve, 622.16 feet, through a. central angle of 6.12100" to the Point of Tangency; (3) North 35'17'13" East, 10.00 feet; (4) North 54'42147" West, 588.09 feet to` the point of curve of a 2874.805 feet radius curve to the right; (5) along the arc of. said curve, 592.48 feet, through a central angle of 11'48'30" to the Point of Tangency; (6) North 42154117" West, 912.03 feet to the point of curve of a 964.955 feet radius curve to the right; (7) along the arc of said curve 167.29 feet, through a central angle of 9'56100" to the Point of Tangency; (8) North 32,58117" West, 60.27 feet; (9) South 57'01143" West, 10.00'feet to a point on a non - tangent curve to the left with a radius of 552.96 feet, the center of which lies South 57 °01143" West;, (10) along the arc of said curve, 309.48 feet, through a central angle of 32104100!' to the Point of Tangency; (11) North 65'02117" West, 34.88 feet to the .point,of curve of a 1617.03 feet radius curve to the left; (12) along the arc of said curve, 705.56 .feet, through a central angle of 25100100" to the Point of Tangency; (13) South 89'57143" West,. 438.19 feet to the point of curve of a 2884.80 feet radius curve to the right; (14 ) along the arc of said curve, 1134.54 feet, through a central angle of 22'32100" to the Point of Tangency; (15) North 67. 30117" West, 621.28 feet to a point on the West line of said Section;, per Simms' 1927 Survey for Inland Empire Paper Co. and 20.00 feet distant from the center line of the Inland Empire Paper Co. Railroad, said point being the Point of Terminus of this line description and lying North 00.18'13" East, 218.60 feet from the West quarter corner. of Section 11; EXCEPT that certain 100 foot strip conveyed to The Spokane International Railway Company (Union Pacific Railroad), by Deeds recorded May 25, 1906, under Auditor's File No. 143819 and 143820, in Volume 117 of Deeds, Pages 523 and. 524; AND EXCEPT that portion of Government Lot 10, conveyed to Spokane County for Sullivan Road by Deed recorded January 21, 1949, under. Auditor's File No. 859802A, in Volume 578 of Deeds, Page 370. PARCEL 16: rs -- , - - - - Y That.portion of Government Lot 6, Section 12, and Government Lots 2, 3, and 4 of Section 13, Township 25 North, Range 44 East, w.M., Spokane County, Washington, lying Easterly of Sullivan Road, lying Southerly of Mission Avenue, lying Northerly and Westerly of the following described line: Beginning at the Southeast corner of said Section 12; thence North 89'57144" West, along the South' line of said Section, 1413.62 feet; thence South 18.56119 0. West, 31.71 feet to the. Southerly right -of -.way line of Mission Avenue and the Easterly right -of -way line (1,,0.00 feet from centerline) of Inland Empire Paper Co. Railroad and the True Point of Beginning; thence South 40'35135" West, 382.89 feet; thence South 54153130" West, 250.74 feet; thence South 61.18126" West, 179.63 feet; thence South 07'47'31" West, 233.94 feet to a point on the Northerly right -of- way line of Burlington Northern Railroad ;'thence North 78 °37'56" West, along said right -of -way line, 593.70 feet to a point on the North -South centerline of said Section; thence North 00.33121" West, along said North -South centerline, 20.44 feet to a point which lies South 00.33121" East, 646.24 feet from the North Quarter Corner of said Section, said point being on the Southerly right -of -way line of Inland 'Empire Paper Co. Railroad; thence along said right -of -way line the following six courses: (1) North 78'37156" West, 1318.40 feet; (2) South 00'18'08" East, 3.64 feet; (3) North 78'37056" West, 365.00 feet; (4) North 72'49.'11" West, 232.60 feet; (5) North 60.28102" West, 247.76 feet; (6) North 60'55.042" West, 481.56 feet to a point on the East right -of -way line of.Sullivan Road and Point of Terminus of.this -9- Y" 989 ?iCE 1597 'line description; said point lying the following two courses from `-'the Section corner common to Sections 11, 12., 13, and 14: (1) North 00.40142" West, along the West line of.said Section 12, 133.20 feet;, (2) South 60.55142" East, 86.39 feet, to the Point -'of Terminus. PARCEL 17 • �r' - Tha.t..portion of the Southeast quarter of Section 12, Township 25 North, Range 44 East, W.M., Spokane County, Washington, and of Tracts 12, 13, 31 and 32,. Plat "A" of GREENACRES IRRIGATION DISTRICT according to plat recorded in Vo ume 'E" of Plats, Page 21",Spokane "County, Washington, lying Easterly and Southerly of the Ordinary High Water Line of the Left Bank of the Spokane River and Westerly and Northerly of the following described fine: Beginning at 'the Southeast corner of said Section 12; thence North 89'57144" West, along the South line of said section, 1473:62 feet; thence North 18'56119" East, 35.43 feet, to the Northerly right -of -way line of Mission Avenue and the Easterly right -of -way line (10.00 feet from centerline) of Inland Empire Paper Co. Railroad and the True Point of Beginning; thence along said Easterly right -of -way line the..following eight (8) courses per Record of Survey #8108240197: (1) North 18'56119" East, 49.25 feet.to the Point of Curve of a 1442.85 feet Radius curve.to the left; '(2) along the Arc of said curve, 341.61 feet, through a Central Angle of 13'33156" to the Point of Tangency; (31 North 5.22123" East, 599.85 feet to the Point of Curve of a 1422.80 feet Radius curve to the right; (4) along the Arc of said curve, 270.24,feet, through a Central Angle of 10'52157" to the Point of Tangency; (5) North 16'15120" East, 309.20 feet to the Point of Curve of a 9.45.35 feet Radius curve to the right; (6) along the Arc of said curve, 920.46 feet, through a Central Angle of 55.47115" to the Point of Tangency; (7) South 17'57125" East, 5.00 feet; (8) North 12.02135" East, 499.79 feet to the Westerly right -of -way line of Flora Road and Point. of Terminus. of this line description, said point lying North 02'08110" West, 2358.98 feet from the Southeast corner of Section 12., EXCEPTING therefrom that portion lying within Indiana (Clarke) Avenue as dedicated in the plat of Plat "A" of GREENACRES IRRIGATION DISTRICT; AND ALSO EXCEPTING therefrom the following described property: That part of the North 500.00 feet of Tract 31, Plat "A ", GREENACRES IRRIGATION DISTRICT, as filed in Plat Book "E", Page 21, and being part of the Southeast quarter of Section 12, Township 25 North, Range 44 East, W.M., Spokane County, Washington, described as follows: Beginning at the.inte.rsection of the South line of said Tract 31 and the East eight -o;t -way line of the Inland Empire Paper Company Railroad as shown on record of survey filed under Auditor's No. 8108240197.; thence North 05.22123" East, along said right -of -way line, 137.89 feet to the True Point of Beginning and to the intersection of the South line of a Perk Randall Survey as found by monuments consisting of #5 rebar and concrete, encroaching into the Inland. Empire Paper Company Railroad right -of -way; thence . along the boy,ndary of said Perk Randall Survey the follow- ing six (6) courses: (1) South 89.47'18" West, 12.39. feet; (2) North 05.17119" Nast, 218.15 feet to the point of a non - tangent curve to the right, the center of which bears South 84'56020" East, 1286.91 feet; (3) along the arc of said curve 100.04 feet, through a central angle of 4127014 "; (4) continuing along said arc 71.13 .feet, through a central angle of 3'1010001, to the point of curve of a non- tangent curve to the right, the center of which bears South 77'57149" East, 1286.91 feet; (5) along the arc of said curve 100.15 feet through a central angle of 4'27132 "; (6) North 16.06154" East, 17.81 feet to the -10- YGI. 989 PhGE�� Northwest corner of said Perk Randall Survey; thence North 79.53'29" East, 13.36 feet to the. intersection of the Easterly right -of -way line of said Inland Empire Paper Company Railroad and the.South right -of -way line of Indiana Avenue; thence along •� the said Easterly right -of -way line the following three (3) courses: (1) South 16.15120" West, 20.47 feet to the point of curve of a 1422.80 feet radius curve to the left, the center of which bears South 73'44'40" East; (2) along the arc of said curve 270.24 feet to the point of tangent, through a central angle of 10'52''57' "; (3) South 05'22123" West, 218.93 feet to the True Point of Beginning. PARCEL 18: That part of Section 7, Township 25 North, Range 45 East, W.M.`, Spokane County, Washington, and Tracts "C" through "Z" of Plat A, GREENACRES IRRIGATION DISTRICT, as filed in Volume "E" of Plats, Page 21, and vacated Eden Place, lying Southerly of the Ordinary High Water Line of the .Left Bank of, the Spokane River, Westerly of the Wast right -of -way line of Barker Road, East of the Easterly 'right -of -way line of Flora Road, and Northerly of the following described line: Beginning t the East quarter corner, of said Section 7; .thence South 03 .8107" West, 394.61 feet (basis of bearings is South A^ °34149" East on the East line of the Southeast quarter of said ection 7) to the East line of Tract "C" of Plat "A ", GREENACRES IRRIGATION DISTRICT as filed in Book "E", Page 21, in Spokane County.Auditor's Office and the Southerly right -of -way line of the Inland Empire Paper Company Railroad; thence along said railroad right -of -way and through Tracts "C" thru "Z" of said plat the following thirty -two (32) courses: (1)' North 78.31'01" West, 276.65 feet to the line common to Tracts "C" and "D "; (2) North 62'11'55" West, 170.01 feet to the line common to Tracts "D" and "E "; (3) North 53'4313318• West, 56.89 feet; (4) North 42'34149" West, 30.00 feet; (5) South 47 °35140" West, 69.00 feet; (6) North 65 °31148" West, 32.50 feet to the East line. of Tract "F "; (7) North 56'31'11" West, 226.54 feet..to the line common to Tracts "F" and "G "; (8) North 45'44106" West, 159.05 feet to the line common to Tracts "G" and "H "; (9) North 36'39'35" West, 251.89 feet to the line common to Tracts "H1' and "I "; (10) North 26 °08022" West, 250.34 feet to the line common to Tracts "I" and "J "; (11) North 11 *22138" West, 262.49 feet to'the line common to Tracts "J" and "K"; (12) North 27116125" West, 183.82 feet to the line common to Tracts "K" and "L ." (13) North 1.8'.32120" West, 250.07 feet to the line common to Tracts "L!' and "M "; (14) North 21 149'44" West, 363.25 feet to the line common to Tracts "M" and "N "; (15) North 51'49149!' West, 377.24 feet to the line common to Tracts "N" and "O"; (16).North 74'53116" West, 196.58 feet; (17) South 88122133" West,'168.13 feet; (18) South 78'13110" West, 39.98 feet to the line common to Tract "P" and Eden Place; (19) South 42 106154" West, 435.62 feet to the line common to Tracts "P ".':and "Q "; (20) South 18'43157" West, 254.82 feet to the line common to Tracts "Q" and "R"; (21) South 30'09118" West,. 250.15 feet to the line common to Tracts "R" and "S "; (22) South 30 °09'18" West, 2501 feet to the line common to Tract "S" and "T "; (23) South 46'4i' 7" West, 164.93 feet to the Tracts line common to Tracts "T" and "U "; (24) South 55'51126" West, 251.40 feet to the line common to Tracts "U" and 11V "; (25) South 63'07124" West, 111.92 feet to the line common to Tracts "V" and "W "' (26) South 68'081371' West, 268.83 feet to the line common to Tracts "W" and "X"' (27).North 00'00119" West, 4.85 feet, (28) South 70.4911.0" West, 140.49 feet; (29) South 72'00051" West, 518.00 feet to the line common to Tracts "X" and "Y "; (30) North 00'00'19" West, 21.00 feet; (31) South 72'00'51" West, 467..43 feet to the line common to Tracts "y" and "Z"; (32) South 72'01148" West, 610.48 feet to a point on the East right -of -way line of Flora Road and the Point of Terminus of said line description, said point lying South 12'43'57" East, 368.32 feet -11- 11f 1. .t'",E _ 599 YCI. from the Meander corner on thet(West line of said Section .7 on the right bank of the Spokane River; t EXCEPT that part of the East 30.00 feet of Tract "C" lying within this description; SUBJECT TO public easement, not right of way, over vacated Eden Place. PARCEL 19: That portion of .Government Lots 5, 6, 7, and 8, Section 8, Township 25 North, Range 45 East, W.M., in Spokane County, Washington, lying Easterly of Barker Road, and Northerly of the following described line; Q� Beginning at the West Quarter Corner.,.of said Section 8; thence iv South 00.35'03" East, along the West line of said section, 450.00 feet; thence North 89'24'57" East, 30.00 feet to the East right- ? of -way line of Barker Road and the True Point of Beginning$ thence along the following nine (9) courses representing the Inland Empire Paper Co. Railroad right -of -way line and /or owner- ship boundary per Record of Survey #8205030155: (1) North 89'24157" East, 300.00 feet; (2) North 80'40157" East, 990.50 �t feet; (3) North 63.13157" East, 685.80.feet; (4) North 56'21'15" East., 763.63 feet; (5) North 1'31'58" West, 1.19 feet to a point on the Southerly right -of -way line of.the Inland Empire Paper Co. Railroad and a Paint on a Non- tangent Curve to the right with a Radius of 2112.26 feet, the center of which lies South 32`34'00" East, said non - tangent point also lying 10.00 feet from the centerline of said railroad; (6) along said right -of -way line and Arc of said curve, 1585.70 feet, through a Central Angle of 43'00146" to the Point of Tangency; (7) South 791,33114" East, 177.26 feet to the Point of Curve of a 1627.28 feet Radius curve to the right; (8) along the Arc of said curve, 548.62 feet, through a Central Angle of 19'19,00" to the Point of Tangency; (9) South 60'14014" East, 107.72 feet; thence leaving.said right -of -way line South 42'09132" East, 578.37 feet to the East Quarter Corner of Section 8 and Point of Terminus of this-line description. PARCEL 20: That portion of Government Lots 5, 6, 70 8 and 9, in Section 9, Township 25 North, Range 45 East, W.M., in Spokane County, Washington, lying Westerly of Harvard Road, and Northerly and Westerly of the following described line: Beginning at the East Quarter Corner of said Section 9; thence North 01'32'28" West, along the East line of said section, 1195.55 feet; thence -South 88'27132" West, 72.00 feet to the West right -of -way line o Harvard Road and the True Point of Beginning; thence South 81'16122" West, 58.84 feet; thence South .66'02135" West, 256.60 feet; thence South 53'04133" West, 75.73 f feet; thence South 41'13156" West, 246.24 feet; thence South . 30'400211! West, 131.63 feet; thence South 25'1914.5" West, 250..41 II feet; thence South 09123145" West, 408.51 feet to a point on the Southerly right -of -way line (10.00 feet from centerline) of Inland Empire.Paper Co. Railroad; thence South 56.25154" West, 508.02 feet to a point on a non - tangent curve to the right with a radius of 3045.71 feet.the center of which lies North 31'18144." West, .said non- tangent point also lying 30.00 feet from the 1 centerline of said railroad; thence along the following five (5) courses 30 feet distant from and parallel with said centerline of Inland Empire Paper Co. Railroad: (l)-along the Arc of said curve 1806.92 feet, through.a central angle of 33'59'30" to the point of tangency; (2) North 87'19114" West, 127.12 feet to the point of curve of 'a 2894.93 feet radius curve to the right; ( h ) g the arc of said curve, 446.31 feet, through a central angle of -12- Y . .FACE16CO 8.50100" to the point of tangency; (4) North 781291.14" West, 6" .69 feet to the point of curve of a 1176.28 feet radius curve. to the right, (5) along the arc of said curve, 502.30 feet, through a central angle of 24'28100" to a point on curve; thence North 65`24123" West, 671.26 feet to the West Quarter Corner of Section 9 and Point of Terminus of this line. description. PARCEL 21: That portion of Government Lots 5, 6, 7, and 8, Section 10, Township 25 North, Range 45 East, W.M., in Spokane County, Washington; lying Northerly of the following described line: Beginning at a point on the East line of said section, from which the East quarter corner lies South 1'15107" East, 863.26 feet, said point being a point on the Northerly right -of -way line of I -90, and said point also being a point on a 5619.58 feet radius / curve concave to the Northwest, from which the center bears North 16.5.5159" West; thence Southwesterly along.!said right -of -way line and Arc of said curve, 70.74 feet, through a Central Angle of 00'43117" to a Point. on Curve; thence South 88.10110" West, 563.65 feet; thence North 76'10117" West, 451.74 feet; thence North 65'39127" West, 1036.04 feet; thence North 62'13124" West,. 753.39 feet; thence North 66'54123" West, 471.44 feet; thence North 78'12113" West, 423.12 feet; thence South 85'05025" West, 666.55 feet; thence South 60152003" West, 1244'.68 feet to a point.. on the East right -of -way line of Harvard. Road and Point of Terminus.of this line description; said Point of Terminus lies North 1'32128" West, 1301.89 feet and North 60'52103" East, 22.57 feet from the West quarter corner of said Section 10. ,4 PARCEL 22: i The Northwest.quarter of Section 8, Township 2.8 North, Range 45 East, W.M., in.Spokane County, Washington. PARCEL 23• Y �+4 The South half of the South half of Section. 26, Township 28 GIB North, Range 45 East, W.M., in Spokane County, Washington; ALSO, U S the Northeast quarter of the Southeast quarter of Section 27, �II Township 28 North, Range 45 East,' W.M., in Spokane County, . Washington. PARCEL 24: The East half of the.Southeast quarter of Section 34, Township 28 North, Range 45 East, W.M., in Spokane County, Washington. PARCEL 25: Kol -13- 1 ij All of Fractional Section 31, Township 28 North, Range 46 East, W.M., in Spokane County, Washington. Lying South of existing ' Q O , road W -4. PARCEL 26: That portion of the Southeast quarter of Section 12, Township 27 North, Range 45 East, W.M.., in Spokane County, Washington, lying Northeasterly of a line drawn from the Northwest corner thereof / to the Southeast corner thereof.. oe Kol -13- 1 ij 763262 D PH A IS INDENTU,r'. Made this 23rd driy of D' June 1924. b (national Portland Cement International Portland Cement Co. Company, Ltd, a corporation of the state of Wash - T0, ington, part of the :'irst Inland Empire 11a par Co, y part, and tats,, Empire Filed p p Paper Company, a corporation of tie State,��o f ( 10-50 -`July 17. 1924.[ Washington, party of the second part, {' _ _ WITI1ESS'ETH: Req. voorhees & Camfield Elmer H. Bartlett .,ud. A" ^� K� That the said party of the first' pYfr'} for and J Lloyd Dep, in consideration of the sum of Sixteen hundred seventy seven Dollars to it in hand paid'by the !led. July 24. 1 Said party of the second part, the receipt wi•ereof B. Petterly yep. . is 7ereby aexnow edged, and in furt)er conuideration Mail Req. Spoku na & Eastern Tra.Co. of the provisions t:ereinafter set forth, does Spokane wasl:iugton• hereby grant, uargain. sail, coj.ve;. and confirm unto the said party of the second part, its succeseore and asaigns forever, that certain real property eitur;te and being in the County of Spokane. State of Washington and described as follows, to -wit: A tract o_ land in lot seven (7), section four (4), township twenty -five (26) north. range forty -four (4t) E.W.M. now owned by the'Yn e onaiwlWnand Cement Company. particularly described as follows, to -wits p IIl. Ltd•• and more iieginniug on the east (E) lino of said Lot seven (7), one hundred and sixty fact (160 it.) north• from thc east quarter (EJ) corner of said *action four (4), thence north (II) 46 degreee Rest (N) nine hundred feet (900 ft.) to a point, thence south (3) 81: degrees 10' Woo t (W four hundred ninety -Siva ad nine - tenths feet (495.9 ft.) to a concrete monument, thence gout)- (3) 73 degrees- 37' - 60e West two hundred sevon and two tenths feet (207.2 ft.) to a concrete monument, thence north (14) 4 degrees - 55' West (W) one hundred sixty -seven and six- tenthe feet (167.6 ft.) more or leas to a point, thence north (N) O degrees - 17' west (W) two hundred I, xteen and throe- tenths feet (216.3 ft.) thence north (R) 0 degrees - 56 ' West (11) two 'andred five Find six - tenths foot (205.6 ft.) thence north (I1) 17 degrees 391 , east (E) sixty and three tentia feet (60.3 ft.) thence North (N) sixty eight degrees (68 degrees) 43' east (E) one hundred tt.irty and three - tenths feot (130.3) ft, thence north (Ii) 69 degrees -04' Ea,t (E) ninety three and Seven- tenths feet (93.7 ft.) thence south (3) 76, degrees, - 08' Eaet (E) one hundred sixty -five feet (165 ft.) thence south (8) 70 degrees - 05' east (E) one hundred thirty -one and two tcnti's feet (131.2 ft.) thence south (3) 48 degrees. 48' east (E) four hundred sixty six and three - tenths feet (456.3 ft.) thence south (3) 43 degrees. 25' eaot (E) two hundred seventy rive and two tent's feet (275.2 ft.) thence south (8) 51 degrees 10' seat (E) two hundred twenty one and five tenths feet (221.6 ft.) thence south (3i 40 degrees. 41' East (E) one hundred aixty -one and eivtt tenths feet (161.8 ft.) more or lees to the east (E) line of said lot seven (7) thence soutl (S) 1 dertree 34' east ( &) along said east (E) line to a point one hundred and ,iixty fe,-t (160 ft.) north (1) from the east quarter (Et) corner of said section four (4) township twenty :'ive (25) north, ranee forty four (44) E.A.g. containing thirteen and forty two One hundredths (15.42) acres more or less as shown in red lines on the map hereto attached and :aide a part hereof_ and on oath stated that be Is a official seal the is the of said I2havetlereu"ito sct my Mind and affixed my day and year first above written. *Chas F Sechrist I'Wulic inr.id for the State of - - - - - - - Ii:?tar} .-1 -- 14.,sh. 378 This dead is made and delivered inconeideratip of and auojeet to the following conditions. { to -wit: SS (a) The party of the first purt, in carrying on its usual and ordinary manufacturing operations upon grounds adjoining and to the South of the said property herein conveyed, shall not ue prevent- ed from depositing cement Oust and other like particles that may travel through the air and fall upon the land auove described, and if any such duet and particles are so deposited and damage occurs because thereof, the said party of the second part expressly waivee all claims for damagee because of such deposits, 3/ (b) The said lands ehail never ce used for dwelling house or agricultural purposes, (o) If, in carrying on its business on its own land adjoining ti:alanda herein conveyed, the party of the first part shall damaf_;e the said lands lerein conveyed, and thus caune a loss to the partyof t,:e second part, any claim for such damage and lose is hereby waived. (d) It is understood that the party of the Second part may, amoung other purpoaae.use said land ,eroln co..vayea for water ov'o -r -flow by raising the natural level of the 3pokt,ne River for power purposes and thus flood said land or a part thereof, and if, in oarrying out and on such undertaking, the works of the party of the first part, or any or all thereof, on its own said adjacent land, shall be damaged by disturbing, undermining, injuring or placing out of allKnment. or in any other manner, any of the buildings, foundations, structures, parts, machinery or otherwise, used in carrying on the first pa,rty'e business upon adjoining lands to the south then and thereupon, the party of the second part shall be responsible for and pay to the first party, all dumagea so sustained with costs and rossona'ule attorneyis attaim"Sy'a fees, (e) Trat the conditions (a) (b) (c) (d) hereinabove set forth shall extend to and :e binding upon the successors and assigns of the parties hereto. .0 H:'_VF „'1, TO HOLD THE same.togeth r wit, all the hereditaments and appurtenances there- unto uelonn; ;inq or in anywise appertaining to said party of the second part. its successors and au -igns forever, and the said Inter - national Portland Cement Company, Ltd, party of t)e first part, :'or itself, its successors and assi,ms. dose covenant with the said party of the second part, its successors and assigns, that it is we;.l seized in fee of the lands and premises aforesaid, ann it has good right to sell and convey same in the manner and form aforesaid; that the same are free `rum a::l encumbrances. And the auove oargriined and granted Lands and premises, in the quiet and peaoable possession of said party of the second part, its successors and assigns, against all peruone lawfully claiming, or to claim, tie wrole or any part thereof, the said party of t're first part will warrant and forever defend. In Testimony Whereof tl:e said party of the first part has caused its naMS to Le hereunto signed and its seal affixed by its vice- president and secretary, duly authorised thereto, the day and year first above written. IIITERHl.TIOIIAL PORTL. -1111) CE1:1iHT tOLIP,M,.LTD., By ii.K, Neill AS its Vice- President. REYEiIUE 1.00 - ttest: - - - - - - - - - - - - - - - - - - - - - - - - - John P. Hartman. INTERNATIONi,L PORTl,:I11) Ci.L ::i'f ,.OhiPhTTY. LIMITED.; As its Secretary, SPOKi.!!E Ct;,;i ii. - - - - - - - - - - - - - - - - - - - - - - - --- ! :TATE OF WASHI- ITOH, COUNTY OF SPOT ,111E Ss, On t)-ie 8th. day of Jul;, 1924, before me personally appeared it. . Neill to me k, ow'! to i;a the Vice president of International Portland Cement Company, Ltd, the corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and dead of said corporation. for the uses and purposes thereir, mentioned, and on oath stated that he is authorized to execute said instrurunt, and that the seal affixed is the corporate seal of said corporation.. In Witness Whereof I have hereunto set my Frond and affixed my official seal the dray and year first above written. 'Chas F Sechrist - - - - - - - - - - - - - - - - - - - - - - - Notar,, Piiulic inai.d for the State of CFas F Seohrist. Waahi„i -ton. Residing at Spokane,+ +ash. Notary Public, state of daah.inoton. Corimiusion expires Feb, 15. 1926. - - - - - - - - - - - - - - - - - - - - - - - -- ST,iTB uF WLtiHI...,TUl1. COUI1'1'i �1? 1,1NI, 68, I, the undersigned, a Notary Public in and for the county and state aforesaid, do hereby oerta.y ti�at on tits ::3rd day of June, 1924. before me personally appeared Joi.n P Hartman, to me known: to be the Secretary of the International Portland Coment Company, Ltd, the corporation that exeoutud .:he within and foregoing instrument a:d acknowledged the said instrument to be the free and eoluritury act and deed of s:.:rd corporation for the uses and purposes therein mentioned. and on oath stated that he is authorized to execute said instrument and that the seal affixed is tae corporate seal of said corporation. In 4iltneSe Whereof, I lave i,ereunto set my Yw .d and affixed my official seal the day andyear first in this my oertinieate auove written. - - - - - - - - - - - - - - - - - - - - - - r dward W Hart. Edward 'a Bart, Rotary Publ.in in find for the State Notary Public, estate of Waalington. of Wastington.residing at Seattle, Commission expires Alec 21.19:7. i ( SET PLAT BOOS NO. . _,PAGE Mfr . u RETURN TO: Duane M. Swinton WITHERSPOON, KELLEY, DAVENPORT & TOOLE, P.S. 1100 Old National Bldg. Spokane, WA 99201 11103 _ , _Q\, J Y0L 12 2 PAGE J :► ' 910' 010126 !.. JUL 1 9 la Gil '91 WILLI,.H F. DONAIME AUUrrOR SPOKAIHE. COUNTY. WASH. &JEW kX�C STATUTORY WARRANTY DEED THE GRANTOR, INLAND EMPIRE PAPER COMPANY, for and in consideration of ten dollars (110) and other valuable con- sideration tendered by the County of Spokane following the County's threat of condemnation, conveys and warrants to the COUNTY OF SPOKANE the real estate, situated in the County of Spokane, State of Washington, described in Exhibit "A" attached hereto and by this reference made a part hereof. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed by its proper officers this day of 1991. 000009517 INLAND EMPIRE PAPER COMPANY txcue tax Paid o.. Sale Amt. Pd.,,'jsGxc 01 "SKIP" CHILBEAG Spokane County Tre.w BY .TAMES P. COWLES Its President • BY_�r %.c MICHAEL K. NIELSEN Its Secretary Y0L. 12 0 2 PAGE 15 STATE OF WASHINGTON ) ) ss. County of Spokane ) I certify that I know or have satisfactory evidence that JAMES P. COWLES and MICHAEL K. NIELSEN signed this instrument, on oath stated that they were authorized to execute the instrument, and acknowledged it as President and Secretary, respectively, of INLAND EMPIRE PAPER COMPANY to be the free and voluntary act of such corpora- tion, for the uses and purposes mentioned in the instrument. DATED: (\.....A a`, , 1991. w 14RY� k N PUDt\� ti � " NOTARY PUBLIC in and for the State of Washington, residing at Spokane My Appointment Expires: �ti•a i -2- Assessors Tax Parcel No.s EX111BIT "A" PARCEL "A"• 45033.9076 Ptn. 45045.9009 Ptn. 45045.9010 110L. 12 0 2 PAGE 15 G 1 Page L of 2 Those portions Qf SECTIONS 3-AND 4, TOWNSHIP 25 NORTH, RANGE 44 .- itrl4� -and ots 8, 9 and 10, Block 5, GRANDVIEW ACR 8, according to pla recorded in Volume�RRTM 0f a s, and 13, in Spokane County, Washington lying Southerly of the Ordinary High Water Line of the Left Bank of the Spokane River and lying Northerly and Easterly of the following described line: Beginning at the quarter corner common to said Section 3 and 4; (Basis of Bearings is North 02.02132" East on the East line of the Northeast quarter of said Section 4) ; thence South 87 008145" West 2,623.47 feet to a point on the Ordinary High Water Line on the Left Bank of the Spokane River, scaled from / State Parks aerial photos, and the True Point of Beginning; thence South 43 017000" East 48.70 feet to a h inch rebar L.S. 13315; thence continuing South 43 °17100" East 82.28 feet; (/ thence North 65 001'16" East 547.39 feet; thence North 77 013137" East 123.86 feet; thence North 73 047112" East 126.49 feet; thence North 59 017' 03" East 176.53 feet; thence North ' 43 051135" East 373.23 feet; thence North 46 059113" East 419.89 feet; thence North 85 046146" East 539.58 feet; thence South 42 °23144" East 803.51 feet; thence South 01 053131" West 14.23 feet to a found 14 rebar with cap marked L.S. 12904, per 13, in the Record of Survey filed in Book 37 of Surveys, Page Spokane Auditor's Office, lying 0.36 feet West of the Section line, accepted as Cement Plant Boundary, said point being a Point on Curve of a non - tangent curve, concave to the Southwest, the center of which bears South 31 005142" West 588.69 feet; thence Southeasterly along the arc of said curve, 174.48 feet, through a central angle of 16 °58'55" to the Point South 41 °55124" East 222.39 feet; thence of Tangency; thence South 41 056141" East 493.90 feet to the Point of Curve of a 493.34 foot radius curve to the right; thence along the arc of said curve 256.48 feet, through a central angle of 29 °47113" to an intersection with the North line of that parcel deeded to the Washington States Parks and Recreation Commission by deed recorded August 25, 1988 under Recording No. 8808250252, known as Parcel No. 13; thence North 56 012119" East (also shown of record as North 52 024118" East) 196.06 feet along said line to the Point of Terminus of this line description and a point on the Ordinary High Water Line of the Left Bank of the Spokane River, said point lying South 55 °32112" East 1,086.42 feet of the quarter corner common to said Sections 3 and 4. Assessors Tax Parcel No.s 45032.9079 Ya�.120 2P&cE 15 G 2 45032.9082 45032.9083 EXHIBIT "A" Page 2 of 2 Legal Description Continued: PhRCEL• 'B"s That portion of the West half Of SECTION 3 IP 25 HORTII, RANGE 44 PART H., in Spokane Ounty, Washington, more particularly described as follows: Beginning at the North quarter corner of said Section 3; thence South 89036154" West along the North line of said section, 1038.06 feet to a point which is 1038.00 feet at right angles from the East line of the Northwest quarter of said section; thence South 01.00'06" East parallel to the said East line, 30.00 feet to the South right of way line of Wellesley Avenue and True Point of Beginning; thence `( continuing South 01 °00106" East, 2535.25 feet to the South line of the Northwest quarter and Northwest corner of Garland Court right of way; thence South 00 °18'44" West along Westerly right of way line Garland Court, 30.00 feet to the Southwest corner of Garland Court right of way and being a point on the State Parks Department boundary as shown on Record of Survey filed in Book 41, Page 35; thence along said State Parks �( Boundary the following three courses: (1) North 89 041116" West parallel with the South line of said Northwest quarter, 486.41 feet; (2) North 43 °22'56" West 1094.48 feet; (3) North 40 °35' 54" West 575.02 feet to a point on the West line of said Northwest quarter; thence North 01 045029" West along said West line, 335.84 feet; thence North 20 050101" East 811.94 feet; thence North 31 907'01" West-, 132.00 feet; thence North 50 022101" West 149.82 feet to the Southerly right of way line of Wellesley Avenue and a Point on Curve of a 328.10 feet Radius curve to the right, the center of which bears South 18 °59117" East; thence Easterly along said right of way line and Arc of said curve, 106.53 feet, through a Central Angle of 18 °36'11" to the Point of Tangency; thence continuing North 89 °36154" East along said right of way line, 1368.81 feet to the True Point of Beginning. TRANSNA7TON =E INSURAN� this sketch is provided, ��"✓4out chatg r1alters information. It is ;tat Ltttx:ed to Show relatied to the pro v ty inclu iu,v but n area, dimensions, ea �mc ,s, en r ,c;r location of boundaries. It is not par ci; it modify, the commiLt.: -t Cr ;n::c: to G,, qt attached. Th,cor:ra•w T'lY for an maker related i t h 5' o ti:.iS .,rtc4. i�� W should be made to an accurate suj-,o s:' 1ni9`f1ai30tL , 4' ourerra� .m.ms GOVT LOT'? I GOVT LOT 1 36,51) AC a..; 4riA 0N 'j 1 G7`i�:)::.v 32.75 AC \i y> 1.9027 , 5:995A 10'-r DR 1.903 1.9057 \ , 1.9001 2.9 J GOV'T LOT 7 GOT LOT 43._0 AC V 19.00 A(' 1 Q iry 8.9082 t�5,�� Aij%�ftl t'} µj °]f 1 i \'• .9049 cy� ,' •�6Y1,�,',fs` J +,�� 2.9048 1.9008 J4 ' R �a5 `T \` 2.9047 3.9058 - ;1 is r. sir `� <. s'•'` �� J a {'. 1 1 �r QU e,Q 8.9 (45045. ) 2.905 - I.a � 5.9083 5.9088 . 4.90 -25-44 pt✓A . o CK L ` R R PARCE[ QdTknSA1R TI r r J 4.9019 4.9085 SIRFi "` - u Y RR. Of PAR I US / s 1 4.9023 i J TRANSNATION TITLE INSURANCE COMPANY 105 WEST 3RD AVENUE SPOKANE, WASHINGTON 99201 (509) 922 -2222 / FAX 926 -1519 PREPARED FOR: CITY OF SPOKANE VALLEY ATTN: BILL 11707 E SPRAGUE STE 106 CC: JOHN RILEY, ATTY ORDER NO: ME- 259384 RE: MYRTLE POINT(PO3075) SUPPLEMENTAL TITLE COMMITMENT NUMBER: 1 ATTENTION: This Supplemental contains changes which impact title to property set forth in the above - referenced commitment. SCHEDULE "A "• X The legal description is corrected to read as follows: See exhibit "A" attached hereto. Except to the matters reported hereinabove, the title to the property covered by this order has NOT been re- examined. Dated as of April 28, 2003 at 8:00 A.M. TRANSNATION TITLE INSURANCE COMPANY By Michelle Erwin , Title Officer 44o A Order No. ME- 259384 LEGAL DESCRIPTION Those portions of Sections 3 and 4, Township 25 North, Range 44 East, W.M., and Lots 8, 9 and 10 in Block 5 of GRANDVIEW ACRES as per plat thereof recorded in Volume "K" of Plats, Page 12, lying Southerly of the Ordinary High Water Line of the Left Bank of the Spokane River and lying Northerly and Easterly of the following described line: BEGINNING at the quarter corner common to said Section 3 and 4; (Basis of Bearings is North 02 002'32" East on the East line of the Northeast quarter of said Section 4) ; thence South 87 008145" West, 2,623.47 feet to a point on the Ordinary High Water Line on the Left Bank of the Spokane River, scaled from State Parks aerial photos, and the True Point of Beginning; thence South 43 017100" East, 48.70 feet to a 1/2 inch rebar L.S. 13315; thence continuing South 43 017100" East, 82.28 feet; thence North 65 001116" East, 547.39 feet; thence North 77 013137" East, 123.86 feet; thence North 73 047'12" East, 126.49 feet; thence North 59 017103" East, 176.53 feet; thence North 43 051135" East, 373.23 feet; thence North 46 059113" East, 419.89 feet; thence North 85 046146" East, 539.58 feet; thence South 42 023144" East, 803.51 feet; thence South 0105313111 West, 14.23 feet to a found #4 rebar with cap marked L.S. 12904, per Record of Survey filed in Book 37 of Surveys, Page 13, in the Spokane Auditor's Office, lying 0.36 feet West of the Section line, accepted as Cement Plant Boundary, said point being a Point of Curve on a non - tangent curve, concave to the Southwest, the center of which bears South 31 005142" West, 588.69 feet; thence Southeasterly along the arc of said curve, 174.48 feet, through a central angle of 16 058155" to the Point of Tangency; thence South 41 055124" East, 222.39 feet; thence South 4105614111 East, 493.90 feet to the Point of Curve of a 493.34 foot radius curve to the right; thence along the arc of said curve 256.48 feet, through a central angle of 29 047113" to an intersection with the North line of that parcel deeded to the Washington States Parks and Recreation Commission by deed recorded August 25, 1988 under Recording No. 8808250252, known as Parcel No. 13; thence North 5601211911 East (also shown of record as North 52 024118" East) 196.06 feet along said line to the Point of Terminus of this line description and a point on the Ordinary High Water Line of the Left Bank of the Spokane River, said point lying South 55 032112" East, 1,086.42 feet of the quarter corner common to said Sections 3 and 4; Situate in the County of Spokane, State of Washington. END OF SCHEDULE "A" *************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** THE FOLLOWING INFORMATION IS PROVIDED FOR CONVENIENCE ONLY: (Parcel No. 45046.9062) [Abbreviated Description: PTN. OF GL7 &8 IN 4- 25 -44; PTN. OF GL5 &7 IN 3- 24-44 & PTN. B5 GRAND VIEW AC] OWNER'S POLICY OF TITLE INSURANCE Issued by Transnation Title Insurance Company aLandAmerica 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: Z aa,4` Secretary TRANSNATION TITLE INSURANCE COMPANY E INC "Y,0 o SEPT. 16, 1991 �� By: s� BIzo0 *� 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. 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 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 B 1190 -56A CONTROL NO. A31-0.081000 14334 CONDITIONS AND STIPULATIONS (Continued) 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 1 PA 10 ALTA Owner's Policy (10- 17 -92) Cover Page Form 1190 -58 (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- 259384 Premium: $ 500.00 Customer Ref.: PO 3075 /Myrtle Point 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: See "Legal Description" on Page 2. Countersigned: Authorized Officer or Agent Owner's Standard Policy LEGAL DESCRIPTION Policy No. Z- 259384 Those portions of Sections 3 and 4, Township 25 North, Range 44 East, W.M., and Lots 8, 9 and 10 in Block 5 of GRANDVIEW ACRES as per plat thereof recorded in Volume "K" of Plats, Page 12, lying Southerly of the Ordinary High Water Line of the Left Bank of the Spokane River and lying Northerly and Easterly of the following described line: BEGINNING at the quarter corner common to said Section 3 and 4; (Basis of Bearings is North 02 002132" East on the East line of the Northeast quarter of said Section 4); thence South 87 008145" West, 2,623.47 feet to a point on the Ordinary High Water Line on the Left Bank of the Spokane River, scaled from State Parks aerial photos, and the True Point of Beginning; thence South 43 017100" East, 48.70 feet to a 1/2 inch rebar L.S. 13315; thence continuing South 43 117'00" East, 82.28 feet; thence North 65 001116" East, 547.39 feet; thence North 77 013'37" East, 123.86 feet; thence North 73 047112" East, 126.49 feet; thence North 59 017'03" East, 176.53 feet; thence North 43 051135" East, 373.23 feet; thence North 46 059113" East, 419.89 feet; thence North 85 046'46" East, 539.58 feet; thence South 42 023144" East, 803.51 feet; thence South O1 053'31" West, 14.23 feet to a found #4 rebar with cap marked L.S. 12904, per Record of Survey filed in Book 37 of Surveys, Page 13, in the Spokane Auditor's Office, lying 0.36 feet West of the Section line, accepted as Cement Plant Boundary, said point being a Point of Curve on a non - tangent curve, concave to the Southwest, the center of which bears South 31 005'42" West, 588.69 feet; thence Southeasterly along the arc of said curve, 174.48 feet, through a central angle of 16 058155" to the Point of Tangency; thence South 41 055124" East, 222.39 feet; thence South 41 056141" East, 493.90 feet to the Point of Curve of a 493.34 foot radius curve to the right; thence along the arc of said curve 256.48 feet, through a central angle of 29 047113" to an intersection with the North line of that parcel deeded to the Washington States Parks and Recreation Commission by deed recorded August 25, 1988 under Recording No. 8808250252, known as Parcel No. 13; thence North 56 012119" East (also shown of record as North 52 024'18" East) 196.06 feet along said line to the Point of Terminus of this line description and a point on the Ordinary High Water Line of the Left Bank of the Spokane River, said point lying South 55 032112" East, 1,086.42 feet of the quarter corner common to said Sections 3 and 4; Situate in the County of Spokane, State of Washington. 2 Owner's Standard Policy Policy No. Z- 259384 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. 9 Owner's Standard Policy SPECIAL EXCEPTIONS Policy No. Z- 259384 1. Taxes for the year 2004 are not yet available or due, but are payable February 15, 2004. 2. The land herein described is carried on the tax rolls as exempt, however, it will become taxable from the date of execution of a conveyance to a taxable entity and subject to the lien of real property taxes for the balance of the year 2003. Tax Account No.: 45046.9062 3. ANY UNPAID ASSESSMENT OR CHARGES, AND LIABILITY FOR FURTHER ASSESSMENTS OR CHARGES BY IRVINE WATER DISTRICT. 4. Conditions and Restrictions contained in Deed imposed by instrument recorded on July 17, 1924 in Volume 407 of Deeds /Page 377, under Recording No. 763262. 5. MATTERS SET FORTH BY SURVEY: RECORDED: June 25, 1986 and December 7, 1990 RECORDING NO.: 8606250287 and 9012070239 DISCLOSES: Boundary lines and other matters 6. RIGHTS OF THE STATE OF WASHINGTON to that portion of the land, if any, lying in the bed of Spokane River, if that waterway is navigable. 7. Any change in the boundary or legal description of the land, or title to the estate insured, that may arise due to the shifting and changing in the course of Spokane River. 8. Rights and easements of the public for commerce, navigation, recreation and fisheries. 9. Any restrictions on the use of the land resulting from the rights of the public or riparian owners to use any portion which is now, or has formerly been, covered by water. 10. This property may be subject to a charge by Spokane County for sewer construction, referred to as a Capital Facilities Rate (CFR) This charge is in addition to the monthly charge for sewer services. cmb END OF EXCEPTIONS 4