6338342 Easement, No-Build Agreement 10/06/2014 03:21:23 PM 6338342
Easementg FeeGOVERNMENTagCITYoOF9SPOKANE VALLEY
Spokane County Washington
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When Recorded Mail To:
City of Spokane Valley
11707 East Sprague, Suite 106
Spokane Valley,WA 99206
Attn: Douglas Powell
Document Title: NO-BUILD EASEMENTAGREEMENT
Grantor(s): David P. and Wanda L.Jeffries
Grantee(s): David P. and Wanda L.Jeffries
Legal Description: N t(e ✓SRA
See Exhibit A-45134.1768- 16911 East Sprague Avenue, Spokane Valley,WA 99037(Lot X)
See Exhibit B-45134.1767- 16909 East Sprague Avenue, Spokane Valley, WA 99037(Lot Y)
PIN TR 1(o trait
No-Build Easement Area:
The entire south 150 feet of parcel 45134.1768,as described in Exhibit A.
NO-BUILD EASEMENT AGREEMENT
This NO-BUILD EASEMENT AGREEMENT("Easement Agreement")is made and entered into
as of the date of the last execution hereof(the "Effective Date"),by and between David P. and Wanda L.
Jeffries, as owners of Lot X, and David P. and Wanda L. Jeffries, as owners of Lot Y, (individually, a
"Party"and collectively,the"Parties"). fhis Easement Agreement is also made for the benefit of the City
of Spokane Valley,a municipal corporation("City").
A. David P. and Wanda L. Jeffries are the owners of that certain tract of land described in
Exhibit A attached hereto as Lot X.
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R.E.Excise Tax Exempt
Date 10-a 20 I L(
Spokane County Treas.
BY Ci'(.
B. David P. and Wanda L. Jeffries are the owners of that certain tract of land described in
Exhibit B attached hereto as Lot Y.
C. Lot X and Lot Y lie within the jurisdiction of the City.
D. David P. and Wanda L. Jeffries own a commercial building on Lot X, and David P. and
Wanda L. Jeffries are putting an addition on to the commercial building on Lot Y as
shown on the site plan attached hereto as Exhibit C(the"Site Plan").
E. In order to construct the addition to the building, the City is requiring the Parties to enter
into this Easement Agreement in order to prevent a violation of the Washington State
Building Code as adopted and revised by Spokane Valley Municipal Code(SVMC) Title
24.40(as amended from time to time).
NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth and for other
good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged, David P.
and Wanda L. Jeffries agree that Lot X and Lot Y shall be held, sold, and conveyed subject to the
following covenants and restrictions which shall run with Lot X and Lot Y, and shall be binding on all
parties having any right,title, or interest in Lot X and Lot Y and upon their heirs, successors, and assigns
as owner thereof:
1. Grant of Easement. David P. and Wanda L. Jeffries, as owners of Lot X, hereby grant to David
P. and Wanda L. Jeffries, as owners of Lot Y, for themselves, their successors, grantees, and assigns,
subject to the terms and conditions contained herein, a non-exclusive"no-build"easement(the"No-Build
Easement") upon that portion of Lot X as depicted on the Site Plan attached as Exhibit "C", which shall
be appurtenant to and for the benefit of Lot Y, and be a burden upon Lot X. The provisions of the "No-
Build Easement"shall be solely as set forth herein.
2. Acceptance by Grantees. David P. and Wanda L. Jeffries, as owners of Lot Y, do hereby accept
the foregoing grant of the No-Build Easement and do hereby expressly agree to be bound by the terms,
covenants,and conditions contained herein.
3. Agreement Not to Construct. The Parties agree that the No-Build Easement Area shall be
maintained free of any building or structure; provided, however, this Easement Agreement shall not
prevent the No-Build Easement Area from being used for driveways, sidewalks, curbs and gutters,
parking, landscaping, patios, pools, signs and sign supports, fences not more than three feet in height,
enclosures surrounding refuse or trash areas, utility transformers or similar improvements, privacy walls,
and similar uses which would not create a violation of the IBC, IFC, and SVMC 24.40. Nothing
contained herein shall restrict the Parties from constructing water, sewer, gas, or electric utilities and
appurtenances within the No-Build Easement Area.
4. Amendment of Easement Agreement. This Easement Agreement shall not be amended, revoked,
or altered by the Parties without the written consent of the City, which consent shall be recorded with the
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Spokane County Auditor. If the IBC is amended to eliminate the requirement of the No-Build Easement
Area or if the existing buildings or their replacements do not require the establishment of a No-Build
Easement Area, the City shall consent to the termination of this Agreement if all other building, fire, and
land use regulations are satisfied.
5. Code Compliance and Enforcement. The Parties hereby covenant and agree that for the purpose
of the application of SVMC 24.40 (adoption of the State Building Code) or any other applicable local,
state, or federal building or fire code regulations, the properties described in Exhibits A and B shall be
considered as one subject property("Property"). Applications for site or building permits on the Property
which are subject to review and approval under SVMC Titles 17-22 and 24 shall provide the complete
site and construction information that includes all the buildings on the Property. The Parties acknowledge
the authority of the City to enforce the requirements of this Easement Agreement, which power of
enforcement shall be in addition to all other legal and equitable remedies available to the City.
6. Notices. Notices or other communications hereunder shall be in writing and shall be sent by
United States certified mail, return receipt requested or personal delivery. A notice by mail shall be
deemed given three days after it is mailed or refusal to accept delivery. Each Party may change from
time-to-time their respective address for notice hereunder by like notice to the other Party. The notice
addresses are as follows:
David P. and Wanda L.Jeffries
525 South Cavalier Court
Spokane Valley,WA 99016
City of Spokane Valley
11707 East Sprague Avenue
Suite#106
Spokane, Valley, WA 99206
7. Counterparts. This Easement Agreement may be executed in any number of counterparts with
the same effect as if each Party hereto had signed the same document. All counterparts shall be construed
together and shall constitute one Easement Agreement.
8. Duration. Except as amended herein,the Parties agree that the Easement Agreement shall remain
in full force and effect in perpetuity and shall run with the land.
9. Indemnification/Hold harmless. The Parties hereby agree to indemnify, defend, and hold the
City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims,
demands,losses, actions, and liabilities(Including costs and all attorney fees)to or by any and all persons
or entities, including, without limitation, their respective agents, licensees, or representatives, arising
from, resulting from, or connected with the negligence or intentional misconduct of the Parties, their
agents, employees,or contractors in connection with this Easement Agreement.
10. Effect on Successors/Assigns. The covenants, conditions, and restrictions contained herein shall
touch and concern the land and run with the land, and the rights and obligations granted herein shall inure
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to the benefit of and be binding upon the parties' respective successors in interest, heirs, grantees, and
assigns.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date first written
above.
Agre-• to B .
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STATE OF WASHINGTON )
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COUNTY OF SPOKANE )
On this c day ofpile.03 , 2014, personally appeared before me
DAVID P. JEFFRIES, personally known to me to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his authorized capacity and that by his
signature on the instrument the person or the entity upon behalf of which the person acted, executed the
instrument.
GIVEN my hand and official seal this 24day of eTc\beC-4-2— , 2014.
DL1111imuu mu111iIUtlllrHll 11{1UO70
Notary Public - Signature
F. State of WaBhigton Printed Name: CYl
MELISSA M. DEHN e • Notary Public in and for the State of Washington.
E.` MY COMMISSION EXPIRE§ z My commission expires t O'tTy - 11 ,2i I
October 11,20-5
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STATE OF WASHINGTON )
)ss
COUNTY OF SPOKANE )
On this s=21 day of Y),A, , 2014, personally appeared before me
WANDA L. JEFFRIES,personally known to me to be the person whose name is subscribed to the within
instrument and acknowledged to me that she executed the same in her authorized capacity and that by her
signature on the instrument the person or the entity upon behalf of which the person acted, executed the
instrument.
GIVEN my hand and official seal this ,day of Ija./i. !_, ,2014.
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Notary Public = ignature /
State of Washington = Printed Name: �kis,. 49 4.4,7
Notary Public in and for the State of Washington.
MELISSA M. DEHN My commission expires df? 6,r /11
MY COMMISSION EXPIRES
October 11,2015
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STATE OF WASHINGTON )
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COUNTY OF SPOKANE )
On this 3 1 day of S�(� EK1 t5EK. , 2014, personally appeared before me
DOUG POWELL, to me known to be the Building Official of the City of Spokane Valley, a Washington
municipal corporation, that executed the foregoing instrument, and acknowledged the said instrument to
be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein
mentioned, and oath stated that he was authorized to execute said instrument and that the seal affixed, if
any, is the corporate seal of said corporation.
GIVEN my hand and official seal this day of SS ( I, , 2014.
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Printed Name( T\Ni `J -lk\IsSEY'J
N ary Public iroapd for the State of Washington.
My commission expires •
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EXHIBIT A
The Real Property or its address is commonly known as 16911 East Sprague Avenue,Spokane Valley,
WA 99037.The Real Property tax identification number is 45134.1768
VERA,PORTION OF BLOCK 16,INCLUDING THE EAST 112 FEET OF THE WEST 212 FEET OF
THE WEST HALF OF THE SECTION,LESS THE HIGHWAY EXCLUDING THE WEST 75 FEET
OF THE SOUTH 175 FEET AND EXCLUDING THE NORTH 210 FEET.THEREOF RECORDED IN
VOLUME"0"OF PLATS,PAGE 30.
AND EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON FOR PRIMARY
STATE HIGHWAY NO.2
SITUATE IN THE COUNTY OF SPOKANE, STATE OF WASHINGTON.
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EXHIBIT B
The Real Property or its address is commonly known as 16909 East Sprague Avenue, Spokane Valley,
WA 99037.The Real Property tax identification number is 45134.1767
THE SOUTH 175 FEET OF THE WEST 75 FEET OF THE EAST 112 FEET OF THE WEST 212 FEET
OF TRACT 16 IN VERA AS PER PLAT THEREOF RECORDED IN VOLUME"0"OF PLATS,
PAGE 30;
EXCEPT THAT PART DEEDED TO THE STATE OF WASHINGTON FOR STATE ROAD NO. 2
LYING SOUTH OF A LINE PARALLEL WITH AND DISTANT 55 FEET NORTH MEASURED AT
RIGHT ANGLES FROM THE CENTER LINE OF SAID HIGHWAY;
SITUATE IN THE CITY OF SPOKANE VALLEY,COUNTY OF SPOKANE, STATE OF
WASHINGTON.
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EXIIIBIT C
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