City Council

SPECIAL CITY COUNCIL MEETING / PUBLIC HEARING TUESDAY, NOVEMBER 10, 2015 CITY HALL 22710 E. COUNTRY VISTA DRIVE 7:30 P.M. 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. CALL TO ORDER 4. ROLL CALL 5. AGENDA APPROVAL 6. PUBLIC HEARING Property Sale between the City of Liberty Lake And Central Valley School District 7. ACTION ITEMS A. General Business i. Approve the Option Agreement and Real Estate Purchase Agreement Addendum No. 2 ii. Approve the Street, Utility and Sidewalk Easement iii. Approve the revised Boundary Line Adjustment 8. ADJOURNMENT The public is invited to attend. Parking and meeting rooms are accessible for persons with disabilities. Contact the City at 755-6700 with 24-hours advance notice for special accommodations.  OPTION AGREEMENT AND REAL ESTATE PURCHASE AGREEMENT ADDENDUM NO. 2 This Option Agreement and Real Estate Purchase Agreement Addendum No. 2 is entered into by and between Central Valley School District No. 356, a Washington state municipal corporation, and the City of Liberty Lake, a Washington state municipal corporation, and made effective this ____ day of November 2015. WHEREAS, the parties previously entered into and executed a Purchase and Sale Agreement in November 2012 for the sale and purchase of certain real property in Liberty Lake, Washington that contained an Option Agreement and Real Estate Purchase Agreement (“Agreement”); WHEREAS, the parties desire to amend the Agreement on the following terms and conditions; and WHEREAS, the parties agree that the Agreement shall remain in full force and effect except for the following modifications. NOW, THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree to amend the Agreement as follows: EXHIBIT B OPTION AGREEEMENT AND REAL ESTATE PURCHASE AGREEMENT Exhibit A DELETE: EXHIBIT “A” LEGAL DESCRIPTION Tax Parcel No. 55412.9013 & 55142.9042 REPLACE WITH: EXHIBIT “A” LEGAL DESCRIPTION REVISED DESCRIPTION FOR PORTION TO BE CONVEYED TO CENTRAL VALLEY SCHOOL DISTRICT Description of a parcel of land being a portion of the Northwest Quarter of Section 14, Township 25 North, Range 45 East, W.M., City of Liberty Lake, Spokane County, Washington, more particularly described as follows: That portion of Lot 2 of said Boundary Line Adjustment described as follows: BEGINNING at the Southwest comer of said Lot 2; Thence North 87°42'37" East along the South line of said Lot 2, a distance of 1099.28 feet; Thence continuing North 87°42'37" East along the South line of said Lot 2, a distance of 9.97 feet to the Southeast comer of said Lot 2; Thence North 05°28'55" West along the East line of said Lot 2, a distance of 668.54 feet; Thence South 87°42'37" West along a line that is parallel with and 667.50 feet North of the South line of said Lot 2, a distance of 468.89 feet; Thence southerly along a 270.00 foot radius curve to the left, through a central angle of 01°47'22" with a radial line in of South 88°09'09" East and a radial line out of North 89°56'25" West (the chord of which bears South 00°57'16" West a distance of8.43 feet) for an arc length of 8.43 feet; Thence South 00°03'35" West, a distance of 51 .62 feet to a point on a line that is parallel with and 607.50 feet North of the South line of said Lot 2; Thence South 87°42'37" West along said line a distance of 86.17 feet; Thence South 00°00'26" West a distance of 606.99 feet to a point that is 1.00 feet North of said South line of said Lot 2; Thence South 87°42'37" West along a line that is 1.00 foot North of and parallel with the South line of said Lot 2, a distance of 490.00 feet to a point on the West line of said Lot 2; Thence South 00°00'26" West along the West line of said Lot 2, a distance of 1.00 feet to the TRUE POINT OF BEGINNING;  CONTAINING: approximate area of 8.89 acres or 387,306.7 square feet, more or less. Revised on November 4, 2015 Prepared for and on behalf of Taylor Engineering Inc. Prepared by David M. Seese, PLS Project Number: 15022 LIBERTY LAKE ELEM BLA 2.3 Closing. Section 2.3(a) DELETE: “but in no event more than forty-five days (45) days after the Option is timely and properly exercised” REPLACE WITH: “but in no event more than ninety days (90) days after the Option is timely and properly exercised” ADD AT THE END OF THE SECTION: “A boundary line adjustment involving the Optioned Property and other contiguous properties owned by the parties shall be completed by the parties and approved by governmental authorities on or before Closing. The costs and fees associated with the boundary line adjustment shall be split evenly between the parties.” Section 2.3(b) ADD AFTER THE FIRST SENTENCE: “At Closing, Seller shall also execute and deliver to Buyer, at Closing, the following: (i) a Street, Utility and Sidewalk Easement in the form attached hereto as Exhibit “C” and (ii) an Option Agreement and Real Estate Purchase Agreement in the form attached hereto as Exhibit “D”. Section 2.3(d) DELETE: “the Purchase Price” in the first sentence of the Section. REPLACE WITH: “five hundred thousand dollars ($500,000)” Section 2.3(e). A new section shall be inserted as Section 2.3(e) and shall read as follows: “Upon Closing, the Option Agreement and Real Estate Purchase Agreement set forth in Exhibit D shall be the sole and exclusive agreement between Seller and Buyer involving the following real property: REVISED DESCRIPTION FOR PARCELB AFTER BOUNDARY LINE ADJUSTMENT Description of a parcel of land being a portion of the Northwest Quarter of Section 14, Township 25 North, Range 45 East, W.M., City of Liberty Lake, Spokane County, Washington, more particularly described as follows: All of Lot 2 per Boundary Line Adjustment recorded under Auditor's File No. 6163709, in Spokane County; EXCEPT that portion of Lot 2 of said Boundary Line Adjustment described as follows: BEGINNING at the Southwest comer of said Lot 2; Thence North 87°42'37" East along the South line of said Lot 2, a distance of 1099.28 feet; Thence continuing North 87°42'37" East along the South line of said Lot 2, a distance of 9.97 feet to the Southeast comer of said Lot 2; Thence North 05°28'55" West along the East line of said Lot 2, a distance of 668.54 feet; Thence South 87°42'37" West along a line that is parallel with and 667.50 feet North of the South line of said Lot 2, a distance of 468.89 feet; Thence southerly along a 270.00 foot radius curve to the left, through a central angle of 01°47'22" with a radial line in of South 88°09'09" East and a radial line out of North 89°56'25" West (the chord of which bears South 00°57'16" West a distance of8.43 feet) for an arc length of 8.43 feet; Thence South 00°03'35" West, a distance of 51 .62 feet to a point on a line that is parallel with and 607.50 feet North of the South line of said Lot 2; Thence South 87°42'37" West along said line a distance of 86.17 feet; Thence South 00°00'26" West a distance of 606.99 feet to a point that is 1.00 feet North of said South line of said Lot 2; Thence South 87°42'37" West along a line that is 1.00 foot North of and parallel with the South line of said Lot 2, a distance of 490.00 feet to a point on the West line of said Lot 2·  Thence South 00°00'26" West along the West line of said Lot 2, a distance of 1.00 feet to the TRUE POINT OF BEGINNING; CONTAINING: approximate area of 8.88 acres or 386,816.7 square feet, more or less. Revised on November 4, 2015 Prepared for and on behalf of Taylor Engineering Inc. Prepared by David M. Seese, PLS Project Number: 15022 LIBERTY LAKE ELEM BLA 5. Property Development/Operation, Maintenance and Repair. Section 5.(a)iii. DELETE: Delete Section 5.(a)iii. in its entirety. SELLER: BUYER: CITY OF LIBERTY LAKE CENTRAL VALLEY SCHOOL DISTRICT NO. 356 Name Name Its Mayor Its Superintendent Date Date Exhibit “C” Exhibit “D”  OPTION AGREEMENT AND REAL ESTATE PURCHASE AGREEMENT THIS OPTION AGREEMENT AND REAL ESTATE PURCHASE AGREEMENT (“Agreement”) is entered into this ____ day of N o v e m b e r , 2015 (“Effective Date”), by and between City of Liberty Lake, a Washington state municipal corporation (“Seller”), and Central Valley School District No. 356, a Washington state municipal corporation (“Buyer”). RECITALS WHEREAS, Seller is the owner of real property located in the County of Spokane, State of Washington, and legally described on Exhibit “A” (“Property”); WHEREAS, Buyer desires to obtain an option to buy the Property for any purpose; WHEREAS, Seller and Buyer previously executed Purchase and Sale Agreements wherein S e l l e r a n d Buyer conveyed the Property via Statutory Warranty Deeds subject to certain covenants, conditions, and restrictions; WHEREAS, Seller and Buyer agree that any improvements shall enhance the Property and facilitate community recreational and athletic activities; WHEREAS, Seller is willing to grant an option t o Buyer to purchase the Property for any purpose on the terms and conditions of this Agreement; and WHEREAS, the parties agree that the purchase and sale transaction contained herein is subject to Buyer’s exercise of an Option and is an intergovernmental disposition of property pursuant to RCW 39.33.010. NOW THEREFORE, in consideration of the foregoing and the promises set forth herein, the Seller and Buyer hereby agree as follows: 1. Option. 1.1 Grant of Option, Optioned Property. Subject to the terms and conditions of this Agreement, Seller hereby grants to Buyer an option (“Option”) to purchase the Property (the “Optioned Property”). 1.2 Term of Option. The term of the Option (the “Option Period”) shall commence on the Effective Date and shall automatically e xpire ninety-nine (99) years from the Effective Date. OPTION AGREEMENT AND REAL ESTATE PURCHASE AGREEMENT – PAGE - 1  1.3 Option Consideration. The consideration for this Option is the payment to Seller by Buyer of Ten Dollars ($10.00), which is payable in cash on the Effective Date (the “Option Fee”) and shall be nonrefundable, except as expressly provided in this Agreement. 1.4 Manner an d T ime i n Wh i ch Op ti on May B e E xercised . At any time or times during the Option Period Seller provides written notice to Buyer that Seller intends to sell the Optioned Property, the Option may be exercised by Buyer giving written notice to Seller within sixty (60) day of written notice from Seller. If the Option is timely and properly exercised, this Agreement shall become a contract for sale of the Optioned Property binding the parties hereto and Seller agrees to convey the Optioned Property to Buyer, and Buyer agrees to purchase the Optioned Property from Seller in accordance with the terms hereof. If Buyer fails to exercise the Option within said sixty (60) days set forth herein or b e f o r e the expiration of the Option Period, the Option Fee shall be retained by Seller as consideration for the granting of the Option. If Buyer does not exercise the Option, Seller shall be free to sell the Optioned Property to any party for up to two (2) years from the expiration of the sixty (60) day written notice to Buyer period. If Seller does not sell the Optioned Property in the two (2) years for any reason, Buyer’s rights under this instrument shall remain in effect. 2. Purchase Price/Payment and Closing. 2.1 Purchase P r i c e . The purchase price of the Optioned P r o p e r t y (“Purchase Price”) shall be Ten Dollars (U.S. $10.00) plus the fair market value of any Property improvements as set forth in Section 5 of this Agreement . 2.2 Payment of Purchase Price. The Purchase Price, shall be paid in cash at the Closing. 2.3 Closing. (a) Closing on the sale of the O p t i o n e d Property shall be held in Spokane County, at the office of First American Title, or if First American Title is no longer in business at such time, any other title company reasonably acceptable to Seller (“Title Company”) as soon as reasonably practicable, at a mutually acceptable date and time, but in no event more than ninety (90) days after the Option is timely and properly exercised. The terms “Closing Date” and “Closing” are used herein to mean the time the Statutory Warranty Deed is filed for record in the real property records of Spokane County, Washington, and the Purchase Price and closing costs are disbursed. (b) At Closing, Seller shall execute and deliver to Buyer, at Closing, a Statutory Warranty Deed (“Deed”), conveying fee simple title to the Optioned Property, free and clear of all liens and encumbrances excepting a street, utility and sidewalk easement previously entered into and executed by Seller and Buyer. The parties shall also execute and deliver at Closing any other documents reasonably necessary or appropriate to complete and evidence the transactions contemplated herein. (c) Seller shall pay owner’s title insurance charges and Seller’s OPTION AGREEMENT AND REAL ESTATE PURCHASE AGREEMENT – PAGE - 2 attorneys’ fees. Buyer shall pay Buyer’s attorneys’ fees. Escrow fees, if any, shall be split equally between the parties. (d) Within twenty-four (24) hours of Closing, the Title Company shall record all required documents and, within a reason able time thereafter, issue the title insurance policy to Buyer in the amount to be determined by the parties and in accordance with the terms and conditions of the title commitment. The title insurance policy shall insure good and marketable title in Buyer, subject only to the standard exceptions customarily included in commercial title insurance policies (other than exceptions for liens, which shall be deleted) and those exceptions permitted by this Agreement. 2.4 Taxes and Assessments. (a) Pre-Closing. Seller shall be responsible for the pa yment of (i): all real property taxes and general assessments for all years prior to the year in which Closing occurs; and (ii) all special assessments for improvements which have been completed or substantially completed as of the Closing Date. (b) Post-Closing. Real property taxes and general assessments for the year in which the Closing occurs and utilities for the current period shall be prorated between Buyer and Seller to the date of Closing. 3. Title. 3.1 Evidence of Title. If Buyer shall exercise the Option, Seller shall order the examination of title, at its expense, and shall cause to be delivered to Buyer a commitment for an owner’s title insurance policy issued by a Title Company covering title to the Optioned Property (“Title Commitment”). The state of the title shall be free and clear of all encumbrances or defects, except for: (i) any existing easements, encumbrances, restrictions or conditions approved by Buyer; (ii) general exceptions contained in a Washington state owner’s title insurance policy; and (iii) building or use restrictions general to the area. 3.2 Title Objections. If the condition of title as set forth in the Title Commitment is not as set forth in Section 3.1 above, Buyer shall give Seller written notice of its objections to title (“Title Objections”) within ten (10) days of receipt of the Title Commitment (“Review Period”); provided however, Buyer shall not be require d to object to any monetary liens or encumbrances, all of which shall be automatically deemed Title Objections. In the event that Buyer does not make any Title Objections within the Review Period, Buyer shall be deemed to have approved the condition of title as shown in the Title Commitment. If Buyer makes any Title Objections, Seller shall cure or remove any Title Objections, whereupon the Closing Date shall be extended, at no cost to Buyer, for a reasonable period not to exceed ninety (90) days. 4. Representations and Warranties, Property Inspection. (a) Representations and Warranties. Seller represents and warrants to Purchaser, OPTION AGREEMENT AND REAL ESTATE PURCHASE AGREEMENT – PAGE - 3 as of the date of this Agreement and as of the Closing Date, as follows: (i) The execution and delivery of this Agreement by Seller and the consummation of the transaction contemplated hereby, has been duly authorized by all necessary action on the part of Seller, and such documents constitute valid and enforceable obligations of Seller legally enforceable in accordance with their terms; (ii) Seller has received no notice from any governmental authority that the Property, or any part thereof, is in violation of any law or regulation applicable to the Property, and Seller has no knowledge of any facts which might be a basis for any such notice; (iii) There are no actions, suits, claims or legal proceedings or any other proceedings affecting the Property, at law or equity, before any court or governmental agency. Should any of the foregoing representations or warranties prove to be untrue or inaccurate, Seller hereby agrees, to the fullest extent permitted by applicable law, to release, defend, indemnify and hold harmless Purchaser (and Purchaser’s officers, directors, agents, employees, and representatives) and their successors and assigns from and against any and all claims, demands, costs, penalties, fees, expenses, harm, injury, damages or liability (including, but not limited to, attorneys’ fees) arising directly or indirectly on account of or in connection with the facts and circumstances giving rise to the untruth or inaccuracy of such representations and warranties. (b) Buyer’s Inspections. Buyer shall have the right to enter the Optioned Property at any time before Closing at its own risk and expense in order to make or cause to be made any and all inspections, tests, studies (including, without limitation, such inspections, tests and studies requiring the taking of samples or otherwise disturbing the physical characteristics of the Optioned Property), analyses or other inquiries with respect to the Optioned Property as Buyer shall desire. Such studies may include, without limitation, Buyer’s determination of development costs, construction costs, zoning, comprehensive planning, soil structure, topography, drainage, access, and availability of utilities. Buyer shall repair any damage caused by its investigations. 5. Property Development/Operation, Maintenance and Repair. (a) Property Development. i. Seller and Buyer agree that all improvements to the Property shall be consistent with community recreational and athletic activities during Seller’s ownership of the Property. ii. Seller shall provide the necessary funding to install, complete and pay for Property improvements during the time of its Property ownership. Upon Buyer’s exercise of the Option herein and the closing of the transaction contemplated by Buyer’s Option , Buyer shall, in addition OPTION AGREEMENT AND REAL ESTATE PURCHASE AGREEMENT – PAGE - 4  to the Option Fee, reimburse Seller for the fair market value of the Property improvements. The reimbursement for the Property improvements shall be the fair market value of the improvements as of the effective date that the Option is exercised (“Exercise Date”) as provided for herein. For the purposes of this Agreement, the fair market value shall be determined by MAI appraisal, conducted by an MAI qualified appraiser with a minimum of ten (10) years’ experience in appraising similar property improvements in Spokane County, Washington. This appraisal shall occur as soon as practical after the Exercise Date. In the event the parties are unable to agree on an appraiser to conduct the appraisal of the improvements within ten (10) days of the Exercise Date, each party, within (20) days of the Exercise Date, shall name an appraiser of its choice and notify the other party of said choice. The two appraisers so chosen shall then conduct an appraisal of the improvements within sixty (60) days of the Exercise Date. If the difference between the appraised values determined by the parties’ appraisers are less than five percent (5%) of the lower figure, the reimbursement for the improvements shall be the average of the two appraisals. If the difference between the appraised values determined by the appraisers is greater than five percent (5%) of the lower figure, then the two appraisers shall choose a third appraiser who will select one of the figures proposed by the first two appraisers as most nearly equal to the fair market value of the improvements. The fair market value of the improvements determined by the foregoing appraisal process shall be the reimbursement amount, which shall be final and binding on the parties. Each party shall pay one half (1/2) of the fees charged by the appraisers, excepting that each party shall be fully responsible for the fee of the appraiser chosen by it. (b) Operation, Maintenance and Repair. (i) Seller, during its period of ownership, shall be responsible for the operation, maintenance and repair of the Property and its improvements, including any and all costs associated therewith. At such time as Buyer exercises its Option herein and thereafter takes possession of the Property upon closing, Buyer shall be responsible for all operation, maintenance and repair of the Property and its improvements, including any and all costs associated therewith. (ii) The Property shall require certain water service connection(s), which Seller agrees, during its period of ownership, shall be obtained by Seller through the Liberty Lake Sewer and Water District at its sole cost and expense. OPTION AGREEMENT AND REAL ESTATE PURCHASE AGREEMENT – PAGE - 5  Seller agrees, at its sole cost and expense, to provide for the construction, extension and connection of all other utilities, including, but not limited to, sanitary sewer, electrical, gas, to the Property. Seller shall be responsible and pay for all water, sewer, electricity, gas, refuse, and any and all other utilities in connections with the Property during its period of ownership until such time as Buyer exercises its Option and the closing of the sale of the Property from Seller to Buyer (unless otherwise agreed by the parties in writing). Upon closing, Buyer shall be responsible for any and all water, including but not limited to any water service connection(s) that Buyer may be required to obtain from the Liberty Lake Sewer and Water District, sewer, electricity, gas, refuse, and any and all other utilities in connections with the Property. Further, under the terms of this Agreement, Seller is not agreeing to sell, transfer, or convey any rights or interests it may have obtained in its water service connection(s) to or from the Property during its ownership. 6. Possession of the Property. Possession of the Optioned Property shall be delivered to Buyer at Closing. 7. Listing Agent/Broker. Seller will be solely responsible for the cost and payment of any broker or listing agent engaged by Seller with respect to the Optioned Property. Buyer will be solely responsible for the cost and payment of any b r o k e r or purchase agent engaged by Buyer with respect to the Optioned Property. 8. Default/Remedies. (a) Seller. If Seller should fail to comply with its obligations to convey the Optioned Property at the time and in the manner herein provided, Buyer’s remedy shall be to seek to compel Seller’s specific performance. (b) Buyer. If Buyer should fail to comply with its obligations to purchase the Optioned Property at the time and in the manner herein provided, Seller’s sole remedy shall be to seek to compel Buyer’s specific performance. 9. General Provisions. 9.1 Assignment. Buyer may not assign this Agreement. Seller may not assign this Agreement. 9.2 Time of the Essence. Time is of the essence with respect to all time periods set forth in this Agreement. Any period specified herein which ends on Saturday, OPTION AGREEMENT AND REAL ESTATE PURCHASE AGREEMENT – PAGE - 6 Sunday or a legal holiday shall be extended to 5:00 p.m. Pacific Time of the next business day. 9.3 Entire Agreement. This Agreement and the Exhibit hereto constitute the entire agreement between the parties and no waiver or modification of any of the terms and conditions hereof shall be valid unless in writing and signed by authorized representatives of all parties hereto. The Exhibit hereto i s i ncorporat ed herein by this reference. 9.4 Severability. If any provision of this Agreement or the application of such provision to any persons or circumstances shall, to any extent, be held to be invalid or unenforceable, neither the remainder of the Agreement nor the application of such provision or provisions to persons or circumstances other than those as to whom or which it is held to be invalid or unenforceable shall be affected thereby, and every provision of this Agreement shall be v a l i d and enforceable to the fullest extent permitted by law. 9.5 Further Instruments. Each party shall execute and deliver such other instruments and take such other actions as are reasonably required in order to carry out the transactions contemplated by this Agreement. 9.6 Notice. Any notice under this Agreement shall be either delivered in person or sent by nationally recognized overnight courier with payment for next day delivery, as follows: To Purchaser: ATTN: Superintendent Central Valley School District No. 356 19307 E. Cataldo Ave. Spokane Valley, WA 99016-9489 To Seller: City of Liberty Lake Mayor 22710 E. Country Vista Drive Liberty Lake, WA 99019 or to such other addresses as the parties may designate by written notice served upon the other party. Any notice given under this paragraph shall be effective and deemed served on the earlier of (a) actual receipt or (b) one (1) day after being deposited with a nationally recognized overnight courier with payment made for next -day delivery. 9.7 Applicable Law. This Agreement shall be governed by, construed and enforced in accordance with the laws of the state of Washington, and any suit hereon may be had solely in the state courts of Washington situated in Spokane County. 9.8 A t t o r n e y s’ F e e s . In the event any suit or action is brought by either party under this Agreement to enforce any of its terms, it is agreed that the prevailing party shall OPTION AGREEMENT AND REAL ESTATE PURCHASE AGREEMENT – PAGE - 7 be entitled to reasonable attorneys’ fees and costs to be fixed by the court, including such fees and costs as may be incurred in any appellate proceeding. 9.9 Counterparts. This Agreement may be signed in multiple counterparts which shall, when executed by all parties, constitute a single binding agreement. 9.10 Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the heirs, successors, administrators, executors and lawful assigns of Seller and Buyer. Seller shall execute and acknowledge a memorandum of this Agreement to be recorded against the Property. 9.11 Execution. This Agreement shall not become effective and binding until fully executed by both Seller and Buyer. 9.12 Survival. The p r o v i s i o n s o f t h i s A g r e e m e n t shall s u r v i v e t h e execution of this Agreement, the Closing and the conveyance of the Deed from Seller to Buyer. 9.13 Additional Acts. Seller and Buyer hereby agree to perform, execute, and/or deliver or cause to be performed, executed, and/or delivered at closing or thereafter, any and all such further acts, documents and assurances as Buyer or Seller, as the case may be, may reasonably require to consummate the transaction contemplated hereby IN WITNESS WHEREOF, the parties hereto have executed this A g r e e m e n t as of the Effective Date. SELLER: PURCHASER: CITY OF LIBERTY LAKE CENTRAL VALLEY SCHOOL DISTRICT NO. 356 Name Name Its Its Date Date OPTION AGREEMENT AND REAL ESTATE PURCHASE AGREEMENT – PAGE - 8 STATE OF WASHINGTON) :ss County of Spokane ) On this day of , 2015, before me personally appeared City of Liberty Lake Mayor, Steve Peterson to me known to be the individual described in and who executed the within and foregoing instrument and acknowledged that they/he/she signed the same as their/his/her free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN UNDER MY HAND AND OFFICIAL SEAL the day and year in this certificate first above written. Notary Public (Signature) (Print Name) My Commission Expires: STATE OF WASHINGTON ) :ss County of Spokane ) On this ____ day of ____________________, 2015, before me personally appeared Ben C. Small to me known to be the individual described in and who executed the within and foregoing instrument and acknowledged that they/he/she signed the same as their/his/her free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN UNDER MY HAND AND OFFICIAL SEAL the day and year in this certificate first above written. _______________________________________ Notary Public (Signature) _______________________________________ (Print Name) My Commission Expires:___________________ OPTION AGREEMENT AND REAL ESTATE PURCHASE AGREEMENT – PAGE - 9  EXHIBIT “A” LEGAL DESCRIPTION REVISED DESCRIPTION FOR PARCELB AFTER BOUNDARY LINE ADJUSTMENT Description of a parcel of land being a portion of the Northwest Quarter of Section 14, Township 25 North, Range 45 East, W.M., City of Liberty Lake, Spokane County, Washington, more particularly described as follows: All of Lot 2 per Boundary Line Adjustment recorded under Auditor's File No. 6163709, in Spokane County; EXCEPT that portion of Lot 2 of said Boundary Line Adjustment described as follows: BEGINNING at the Southwest comer of said Lot 2; Thence North 87°42'37" East along the South line of said Lot 2, a distance of 1099.28 feet; Thence continuing North 87°42'37" East along the South line of said Lot 2, a distance of 9.97 feet to the Southeast comer of said Lot 2; Thence North 05°28'55" West along the East line of said Lot 2, a distance of 668.54 feet; Thence South 87°42'37" West along a line that is parallel with and 667.50 feet North of the South line of said Lot 2, a distance of 468.89 feet; Thence southerly along a 270.00 foot radius curve to the left, through a central angle of 01°47'22" with a radial line in of South 88°09'09" East and a radial line out of North 89°56'25" West (the chord of which bears South 00°57'16" West a distance of8.43 feet) for an arc length of 8.43 feet; Thence South 00°03'35" West, a distance of 51 .62 feet to a point on a line that is parallel with and 607.50 feet North of the South line of said Lot 2; Thence South 87°42'37" West along said line a distance of OPTION AGREEMENT AND REAL ESTATE PURCHASE AGREEMENT – PAGE - 10  86.17 feet; Thence South 00°00'26" West a distance of 606.99 feet to a point that is 1.00 feet North of said South line of said Lot 2; Thence South 87°42'37" West along a line that is 1.00 foot North of and parallel with the South line of said Lot 2, a distance of 490.00 feet to a point on the West line of said Lot 2 Thence South 00°00'26" West along the West line of said Lot 2, a distance of 1.00 feet to the TRUE POINT OF BEGINNING; CONTAINING: approximate area of 8.88 acres or 386,816.7 square feet, more or less. Revised on November 4, 2015 Prepared for and on behalf of Taylor Engineering Inc. Prepared by David M. Seese, PLS Project Number: 15022 LIBERTY LAKE ELEM BLA OPTION AGREEMENT AND REAL ESTATE PURCHASE AGREEMENT – PAGE - 11 After Recording Return Address: STREET, UTILITY AND SIDEWALK EASEMENT GRANTOR: CITY OF LIBERTY LAKE, a Washington state municipal corporation GRANTEE: CENTRAL VALLEY SCHOOL DISTRICT NO. 356, a Washington state municipal corporation LEGAL DESCRIPTION OF GRANTOR’S PROPERTY (BURDENED PROPERTY): Complete legal description on Exhibit A Assessor’s Parcel No. 55142.9044 LEGAL DESCRIPTION OF STREET, UTILITY, AND SIDEWALK EASEMENT: Complete legal description on Exhibit B LEGAL DESCRIPTION OF GRANTEE’S PROPERTY (BENEFITTED PROPERTY): Complete legal description on Exhibit C Assessor’s Parcel No. 55142.9043  This Street, Utility and Sidewalk Easement is made and executed this ____ day of November, 2015 by CITY OF LIBERTY LAKE, a Washington state municipal corporation, “Grantor”, and CENTRAL VALLEY SCHOOL DISTRICT NO. 356, a Washington state municipal corporation, “Grantee”, hereinafter jointly referred to as “parties”. WHEREAS, the Grantor is the owner of the real property described on Exhibit A attached hereto; WHEREAS, the Grantee is the owner of real property described on Exhibit C attached hereto; and WHEREAS, the Grantee has requested that Grantor grant a street, utility and sidewalk easement to Grantee. NOW THEREFORE, the parties agree as follows: 1. The Grantor, for and in consideration of the recitals, mutual benefits, the covenants and terms herein, and other good and valuable consideration, hereby conveys and grants to the Grantee, a perpetual easement for street, utility and sidewalk purposes on, over, under, through, across, and upon the real property described in Exhibit A, and generally described in Exhibit B, both exhibits attached hereto and made a part hereof. 2. The Grantee shall have the right, at its cost and expense, to enter the easement area for the purpose of installation, maintenance, repair, removal and replacement of the street, utilities and sidewalk as Grantee deems necessary. 3. The covenants, terms, conditions and provisions herein shall extend to and be binding upon the successors and assigns of the parties hereto. 4. Each individual executing this instrument represents and warrants that they are duly authorized to execute and deliver this instrument on behalf of said party and that this instrument is binding upon said party in accordance with its terms. DATED this ____ day of November, 2015. GRANTOR: CITY OF LIBERTY LAKE By: Steve Peterson, Mayor GRANTEE: CENTRAL VALLEY SCHOOL DISTRICT NO. 356 By: Ben Small, Superintendent  ) STATE OF WASHINGTON )ss. COUNTY OF SPOKANE ) I certify that I know or have satisfactory evidence that Steve Peterson is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledge it as the Mayor of Liberty Lake to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated: November ____, 2015 Notary name printed or typed: Notary Public in and for the State of Washington Residing at ____________________ My appointment expires: ____________________ ) STATE OF WASHINGTON )ss. COUNTY OF SPOKANE ) I certify that I know or have satisfactory evidence that Ben Small is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledge it as the Superintendent of Central Valley School District No. 356 to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated: November __, 2015 Notary name printed or typed: Notary Public in and for the State of Washington Residing at ____________________ My appointment expires: ____________________  (EXHIBIT A I REVISED DESCRIPTION FOR I PARCEL B AFTER BOUNDARY LINE ADJUSTMENT Dcscri ption of a parcel of land being a portion of the Northwest Quarter of Section 14, Township 25 North, Range 45 East, W.M. , City of Liberty Lake, Spokane County, Washington , more pat1icularly described as follows: All of Lot 2 per Boundary Line Adjustment recorded under Auditor's File No. 6163709, in Spokane County; EXCEPT that portion of Lot 2 of said Boundary Li ne Adjustment described as follows: BEGINNING at the Southwest corner of said Lot 2; Thence North 87°42 ' 37" East along the South line of said Lot 2, a distance of 1099.28 feet; Thence continuing North 87°42 ' 37" East along the South line of said Lo t 2, a di stance of 9.97 feet to the Southeast corner of said Lot 2; Thence North 05°28' 55" West along th e East line of said Lot 2, a distance of 668.54 feet; Thence South 8r42 ' 3T West along a line that is parallel with and 667.50 feet North of the South line of said Lot 2, a distance of 468.89 feet ; Thence southerly along a 270.00 foot radius curve to th e left, through a central angle of 01"47 22" with a rad ia l line in of South 88°09'09" Eas t and a radial line out ofN01th 89°56'25 " West (the chord of which bears South 00°57' 16" West a distance of8.43 feet) for an arc length of 8.43 feet ; Thence South 00°03 ' 35" West, a distance of 5 1.62 fee t to a point on a line that is parallel with and 607.50 feet North of the South line of said Lo t 2; Thence South 87°42 ' 3 T ' West along said line a distance of 86. 17 feet; Thence So uth 00°00' 26" West a distance of 606.99 feet to a point that is 1.00 feet North of said South line of said Lot 2; Thence South 8r42 ' 3T' West along a line that is 1.00 foot North of and parallel with the South line of said Lot 2, a distance of 490.00 feet to a point on the West line of said Lot 2; Thence South 00°00'26" West along the West line of said Lot 2, a distance of 1.00 feet to the TRUE POINT OF BEGINNlNG; CONTAINING: approx imate area of 8.88 acres or 386,8 16.7 square feet, more or less. Revised on November 4, 20 15 Prepared for and on behalf or Taylor En gineering Inc. Prepared by David M. Seese, PLS Project Number: 15022 LIBERTY LAKE ELEM BLA L:\15022 L.I13ERTY LAK E ES\DOCS\15022 LIB ERTY LAKE 13LA- PARCEL 13-R EV 110415 . d oc~  EXHIBIT FOR LIBERTY LAKE ELEMENTARY SCHOOL I r ~-----EAsT AVENUE~-~ BOiE PARCEL B ~NEW SCALE PARCEL A 1"=300' 0 <( LOT LINE ! 0 cr:: cr:: l ~ _J 0 :::;; i!= PARCEL A cr:: 0 z SE sw CORNER CORNER LOT 2 " " LOT 2 ---, ,- 1 I EAST COUNTRY YISJ. - - - - -- I I I ( I I I I THIS MAP IS FOR EXHIBIT PURPOSES ONLY AND DOES NOT CONSTITUTE A PROPERTY BOUNDARY SURVE Y  (EXHIBIT /j DESCRIPTION OF I ACCESS EASEMENT An Access ease ment, located in a portion ofNorthwest Quarter of Section 14, Township 25 North , Range 45 East, W.M. , City of Liberty Lake, County of Spoka ne, State ofWashington, sa id easement being 60 feet in width, 30 feet each side of the follow ing described centerline: COMMENCING at the Northwest corner of Lo t 2 per Boundary Line Adjustment recorded under Auditor's File No. 6163709, in Spokane County, said point also being in the South Right of Way line of East Boone Avenue; Thence North 86°5 5'24" East along the South Right of Way line of said Road , a distance of 218 . 14 feet; Thence continuing along said South R ight of Way, along a tangent curve to the left with a rad ius of 745 .00 feet , through a central angle of21 °50'51" (the lon g chord of which bears North 75°59'58" East a distance of282.36 feet) , for an arc len gth of 284.08 feet to the TRUE POINT OF BRINGING of this centerline description; Thence along a non-ta ngent curve to the right having a radius of 150.00 feet, throu gh a central angle of 35°02'25" (the lon g chord of which bears So uth 02°33'14" West a distance of 90.31 feet) with a radial line in of South 75°02'02" West and a radial lin e out of South 69°55 '33 " East for an arc length of 9 1.74 feet; T hence South 20°04'27" West a distance of I 31 .16 feet; T hence along a tangen t curve to the left with a radius of 300.00 feet, through a central angle of 20°00'52 " (the lon g chord of which bears South 10°04'0 I " West a distance of I 04.26 feet), for an arc length of I 04.79 feet; Thence South 00°03'35 " West a distance of 52.86 feet to the termi nus of th is ce nterline description . The side lines of said easement to begi n at the south right of way lin e of East Boone Avenue and to terminate at a line that is 607.50 feet North ofthe South line of sa id Lot 2. Prepared on : September 17, 20 15 Prepared for and on behal f of Taylor Engineerin g Inc.  'EXHIBIT B DESCRIPTION OF PEDEST R IAN ACCESS EASEMENT An Access casement, located in a po t1i on of North wes t Quat1erof Sect ion 14. Townshi p 25 Not1h, Range 45 East, W.M., City of Liberty Lake, Co unty of Spokane, State of Washington, being more parti cul arly described as fo llows: COMMENCING at the North west corner of Lot 2 pe r Boundary Line Adjustment recorded under Auditor' s Fil e No. 6 163709, in Spokane Co unty, said point also being in the South Ri ght of Way line of East Boone Avenu e; Thenc e South 00°00' 26'' West along the West line of said Lot 2, a di stance of 144.69 feet to the TRUE POINT OF BEGI NNI NG ; Thence South 53° 13 ' 46'' East a di stance of 70.15 fee t; Thence North 86°5 0'24" East a di stance of 195 .08 fee t; Thence Not1h 82°23 '5 1" East a di stance of79 .30 l·ect; Thence South 88°5 6'2 8'' East a di stance ot72.3 7 feet; T hence So uth~:este rl y along a 330.00 foot radius curve to the left, through a central angle of 0 I0 50' 0 I,. with a rad ial line in of South 77°49'38" East and a rad ial line out of North 79°39 ' 39'' West (the chord of whi ch bea rs South 11 °15 '2 1'' West a distance of I0.56 feet) for an arc length of I0.56 feet; Thence South 86°59 '24" West a distance of 136.02 feet; Thence South 82°23 '5 1" West a distan ce of 12. 14 feet; T hence So uth 86°5 0' 24'' West a distance of 202.34 fee t; T hence North 53° 13'46'' West a di stance of 62.43 fee t to a poi nt on the \Vest li ne of said Lot 2· ' Thence along said West line No rth 00°00 '26'' East a di stance of 14.98 feet to th e POINT OF BEGIN NING ; Prepared on : Nove mber 4, 201 5 Prepared for and on behalf of Taylor Engineerin g Inc. L;\1 5022 1. 111ERTY l.i\K E ES\ DO  EXHIBIT FOR PEDESTRIAN ACCESS EASEMENT -=---- ---EASTBOONE AVE-------- --~~ _.....;::.::::- r= POINT OF COMMENCEMENT PROPOSED NUE PEDESTRIAN ACCESS EASEMENT PROPOSED PARCEL B SCALE 1"=300' 0 PARCEL A <{ 0 0:: a:: I ~ 5:::::;: PROPOSED ¢: PARCEL A 0:: 0 z , b I EAST >QUNTRY I ·~~[lllJ~----- I I ( ---~ I I ' I I I I 1 THIS MAP IS FOR EXHIBIT PURPOSES ONLY AND DOES NOT CONSTITUTE A PROPERTY BOUNDARY SURVEY  REVISED DESCRIPTION FOR PARCEL A AFTER BOUNDARY LINE ADJUSTMENT Description of a parcel of land being a portion of the Northwest Quarter of Sect ion 14, Township 25 North, Range 45 East, W.M., City of Liberty Lake, Spokane County, Washington, more particularly descri bed as follows: All of Lot 1 per Boundary Line Adjustment recorded under Auditor' s File No. 6163709, in Spokane County, together with that portion of Lot 2 of said Boundary Line Adjustment described as follows: BEGINNING at the Southwest comer of said Lot 2; Thence North 87°42 3T' East along the South line of said Lot 2, a distance of J 099.28 feet ; Thence continuing North 87°42 ' 37" East along the South line of said Lot 2, a distance of 9.97 feet to the Southeast corner of said Lot 2; Thence North 05 °28 '55" West along the East line of said Lot 2, a distance of 668.54 feet ; Thence South 87°42 ' 37" West along a line that is parallel w ith and 667.50 feet North of th e South line of said Lot 2, a distance of 468.89 feet; Thence so utherly along a 270.00 foot radius curve to the left, through a central angle of 01°47'22' with a radial line in of South 88°09'09'' East and a radial line out ofNorth 89°56' 25" West (the chord of which bears South 00°57' 16" West a distance of 8.43 feet) for an arc length or 8.43 feet ; Thence South 00°03 ' 35" West, a distance of 51.62 feet to a point on a line that is parallel with and 607.50 feet North of the South line of said Lot 2; Thence South 87°42' 3 7" West along said line a distance of 86.17 feet ; T he nce South 00°00 '26" West a distance or 606.99 feet to a point that is 1.00 feet NOI1h of said South line of said Lot 2; Thence South 87 °42'37" West along a line that is 1.00 foot N011h of and parallel with the So uth line of said Lot 2, a distance of 490.00 feet to a point on the West line of said Lot 2· ' Thence South 00°00'26'' West alon g the West line o f said Lot 2, a di stance o r 1.00 feet to th e TRUE POI NT OF BEGINNING; CONTA IN ING: approximate area of 2 1.02 acres or 9 15,544.9 square feet, more or less. Revised on November 4, 201 5 Prepared for and on beha lf or Taylor Engineering Inc. Prepared by David M. Seese, PLS Proj ect Number: 15022 LIBERTY LAKE ELEM BLA I. :\ 15022 1.1B ERTY LAKE ES\DOCS\ 15022 LIA ERTY LI\Kl: ULA - PA RCEL A-R EV 1104 15.uul:X  EXHIBIT FOR LIBERTY LAKE ELEMENTARY SCHOOL I r ~~~~-~EAsT AVENUE~-::~ BOT PARCEL 8 SCALE ~NEW PARCEL A 1"=300' 0 < LOT UNE 0 e::: a::: I w I- -' 0 :::;; ~ PARCEL A e::: 0 z SE sw CORNER CORNER LOT 2 " " - LOT 2 -- - ~ ~- -- EAS~COUNTRY YISJ I II ' - - - - - - - ~~~ ~ I ( I I I I THIS MAP IS FOR EXHIBIT PURPOSES ONLY AND DOES NOT CONSTITUTE A PROPERTY BOUNDARY SURVEY