specially concurring.
I join in holding that the deed describing the eastern boundary of parcel B is ambiguous. Consequently, I disagree, with due respect, with the contrary view expressed infra by Judge Swanstrom. He finds no ambiguity because he focuses on the phrase, “to a point exactly midway between the Northeast and Northwest corners of Lot 10.” He argues that there can be only one such point. This would be true if the point were located on a straight line connecting the two corners of Lot 10. But such a point would be somewhere in the Spokane River. The deed itself precludes this unlikely result. The deed states that the point is located “along the high water level of the Spokane River____”
Thus, the deed apparently refers to a point on the river bank. The point may be measured halfway along the irregular course of the river between the two corners of Lot 10. Or the point may be located where the river bank would be intersected by the perpendicular bisector of a straight line connecting the two corners. It may even be located where the river bank meets a bisector which is not perpendicular to the line connecting the corners but is parallel to the east and west boundaries of Lot 10. All of these possible points are located “along the high water level of the Spokane River.” Each point arguably is “midway between the Northeast and Northwest corners of Lot 10.” But the points do not coincide. Accordingly, the deed is ambiguous.
*594A remand is required to construe the deed by employing extrinsic principles of construction or by ascertaining the underlying intent. Judge Swanstrom’s opinion, in effect, undertakes such an analysis. For that reason it will be of interest to the district court on remand.