25589 BSP-75-00
` r
. l` / - '
T.RANSNATION TITLE INSURANCE COMPANY NORTH 7 2 O ARGONNE
S POKANE , WASHINGTON 99212
Prepared for:
Order No.: JM-237887
HANSON INDUSTRIES Charge: $N/C
15102 E INDIANA AVE Tax:
ATTN: BOB BOYLFs Total: $N/C
cc: Pinnacle Realty/Joe Ward
cc: Simpson Engineers/Duane
P L A T C E R T I F I C A T E
Certificate for filing Plat of :
BINDING SITE PLAN 75-00
In the matter of the subdivision to be submitted to Spokane County
for approval, this company has examined the records of Spokane
County Auditor's and Clerk's offices, and the records of the Clerk
of the United States District Court holding terms in said county.
This certificate is made for the purpose herein specified, and is
not to be used as a basis for closing any transaction. Liability
is limited to the amount, if any, paid for this certif icate . From
such examination, the company hereby certifies the title to the
following described land, in said Spokane County, to-wit:
Tracts C and D of SPOKANE COUNTY SHORT PLAT NO. SP-1218-99 as per
plat thereof recorded in Volume 16 of Short Plats, Pages 71 and 72;
TOGETHER WITH that portion of vacated Indiana Avenue adjoining, which,
upon vacation, attached to said property by operation of law;
Situate in the County of Spokane, State of Washington.
VESTED IN: _
MARKET POTNTE""II, L.L.C., a Washington Limited Liability Company.
C '
EXCEPTIONS: 1. Taxes and assessments, if any, no search having been made thereof, as to
Parcel No. 45116.0207 AND 45116.0208.
Parcel Nos. are provided from the latest Assessor'sMaps available to
the Company. Said parcel numbers are not a matter of the public record
therefor, the Company makes no assurance as to -validity or accuracy
relating thereto.
. Page 1 of 5
Order No. JM-237887
2. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR
OTHER SERVITUDES, IF ANY, DISCLOSED BY THE RECORDED DOCUMENTS OF THE
PLAT OF SULLIVAN PARK CENTER, IN VOLUME 19 OF PLATS, PAGES 25 AND 25A.
RIGHTS OR BENEFITS, IF ANY, WHICH MAY BE DISCLOSED BY THE RECORDED
DOCUMENT(S) ABOVE AFFECTING LAND OUTSIDE THE BOUNDARY DESCRIBED IN
SCHEDULE A.
(Covers property herein described and other property.)
3. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR
OTHER SERVITUDES, IF ANY, DISCLOSED BY THE RECORDED DOCUMENTS OF THE
SHORT PLAT OF SHORT PLAT N0. SP-1218-99, IN VOLUME 16 OF SHORT PLATS,
PAGES 71 AND 72.
RIGHTS OR BENEFITS, IF ANY, WHICH MAY BE DISCLOSED BY THE RECORDED
DOCUMENT(S) ABOVE AFFECTING LAND OUTSIDE THE BOUNDARY DESCRIBED IN
SCHEDULE A.
4. Restrictions and easements imposed by instrument recorded on July 10,
1990 under Recording No. 9007100267, and re-recorded on October 11, 1990
under Recording No. 90101100173, including, but not limited to,
liability for assessments levied by the Design Standards Board
Homeowner's Association.
5. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: -
GRANTEE: United State of America, its assigns
PURPOSE: A perpetual easement and right to enter
and erect, operate, maintain and repair
and patrol one or more electric power
transmission lines and appurtenant signal
lines, poles, towers and appliances
necessary in connection
AREA AFFECTED: Portion of South half of Section 11
RECORDED: November 1, 1948
RECORDING NO.: 847007A
6. EASEMENT AND THE TERMS AND CONDITIONS-THEREOF:
GRANTEE: The United States of America, its
successors and assigns PURPOSE: A perpetual right of way and easement to
survey, construct, reconstruct, operate,
. inspect, maintain and remove a water
pipeline or conduit and appurtenances
thereto, or any part thereof ' AREA AFFECTED: See document for full particulars
RECORDED: June 22, 1965
RECORDING NO.: 118205C
Page 2 of 5
~ i Order No. JM-237887
7. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF:
RECORDED: May 8, 1990
RECORDING NO.: 9005080255
REGARDING: Sewer Connection
8. EASEMENT AND THE TERMS AND CONDITIONS THEREOF:
GR.ANTEE: Spokane County, a political subdivision of
the State of Washington
PURPOSE: Installing, operating and maintaining
drainage swales and drainage facilities to
dispose of runoff
AREA AFFECTED : A strip of land 10 f eet in width adj oining
' the Northerly right of way lien of Indiana
Avenue across Lot 2, Block 2, Sullivan
Park Center and a strip of land 10 feet in
width adj oining the southerly right of way
lien of Indiana Avenue across Lot 2, Block
1, Sullivan Park Center
RECORDED: November 29, 1990
RECORDING NO.: 9011290307
9. EASEMENT AND THE TERMS AND CONDITIONS THEREOF:
GR.ANTEE: Pentzer Development Corporation, a
Washington Corporation
PURPOSE: Sewer line
AREA AFFECTED: This and other property
RECORDED: May 13, 1994
RECORDING NO.: 9405130077
10. DECLARATION OF DRAINAGE PIPELINE EASEMENT AND THE TERMS AND CONDITIONS
THEREOF:
RECORDED: June 4, 1997
RECORDING NO.: 4108688
Amendment recorded on January 31, 2000 under Recording No. 4452251.
11. DECLARATION OF STORM WATER DETENTION POND FACILITY AND MAINTENANCE
ACCESS EASEMENT AND THE TERMS AND CONDITIONS THEREOF:
RECORDED: June 4, 1997
RECORDING NO.: 4108689
Amendment recorded on January 31, 2000 under Recording No. 4452251.
12. LICENSE AGREEMENT AND THE TERMS AND CONDITIONS THEREOF:
RECORDED: June 25, 1997
RECORDING NO.: 4115479
Page 3 of 5
Order No. JM-237887
13. Restrictidns as disclosed by Memorandum of Lease recorded on April 15,
1998, under Recording No. 4209468.
14. EASEMENT AND THE TERMS AND CONDITIONS THEREOF:
GR.ANTEE: Public and Spokane County
PURPOSE: Drainage and utility easement
. AREA AFFECTED: This and other property
RECORDED: January 7, 1998
RECORDING NO.: 4175974
RE-RECORDED: July 24, 1998
RE-RECORDING NO.: 424804P
15. TITLE NOTICE AND THE TERMS AND CONDITIONS THEREOF:
GIVEN BY: Spokane County Division of Building and
Planning
REGARDING: Land Use Action
DATED: August 11, 1999
RECORDED: August 11, 1999
RECORDING NO.: 4401073
16. TITLE NOTICE AND THE TERMS AND CONDITIONS THEREOF:
GIVEN BY: Spokane County Division of Building and
Planning
REGARDING: Land Use Action DATED: - February 9, 2000
RECORDED: February 10, 2000
RECORDING NO.: 4454834
17. DEVELOPMENT AGREEMENT AND THE TERMS AND CONDITIONS THEREOF:
RECORDED: March 14, 2000
RECORDING NO.: 4463161
.
Amendment recorded on March 14, 2000 under Recording No. 4463162.
18. RECIPROCAL PARKING AND STORM WATER DR.AINAGE EASEMENT AGREEMENT AND THE
TERMS AND CONDITIONS THEREOF:
RECORDED: March 15, 2000
RECORDING NO.: 4463661
19. DRIVEWAY AND WATERLINE EASEMENT AGREEMENT AND THE TERMS AND CONDITIONS
THEREOF: RECORDED: March 15, 2000
RECORDING NO.: 4463662
Page 4 of 5
Order No. JM-237887
20. FIRST RIGHT OF REFUSAL AND RESTRICTIVE COVENANT AGREEMENT AND THE TERMS
AND CONDITIONS THEREOF:
RECORDED: March 17, 2000
RECORDING NO.: 4464597
21. TITLE NOTICE AND THE TERMS AND CONDITIONS THEREOF:
GIVEN BY: Spokane County Division of Planning
REGARDING: Land Use Regulation Actions
DATED: August 21, 2000
RECORDED: August 23, 2000
. RECORDING NO.: 4509979
22. Reservations contained in Resolution Vacation recorded under Recording
No. 4504177.
DATED AS OF December 4, 2000 at 8:00 a.m.
TRANSNATION TITLE INSURANCE COMPANY
. „
BY Q^
Foryservice on this order call:
(509) 922-2222 (FAX) 926-1519
. Judie Mitchell, Title Officer
pds
Page 5 of 5
- 4W511677
~,~~°~e f~~►~, TRAMAnoN TmE INsUR+Wt COMPARY AUDITOR'S CBRTIFICATE
= 9-1
M for ~
Thts sketch is provided, withovt charge,
illed lor record IAI~ day ol~
YI1w
. ~ll~Ottll8tE0f1. lt fs not intended to show e11 malt~Is a00 he reel ol of Plote on Voqe ~j,~,.
oetau •A• but not limkecl to, 44-461fa~Q
~~0 cceea Eosement related to the Oroperty including, ~/~Q,,~ n~/f
\ 1 r.ri.. a« w 4wrn
dlmensions, easements, BIIC~08Cht11E(If S. 9f ~~/'~i/ //~VWTO01
area,
nnt art ot, not does rt
ro
D
eation nf hounAaries. It is EQUIPd~ENT ~4 PROCBDURE
' ~'.0,~~ i . R=1eia, o~ modif, the commitmenl or pnlicy tu which it is A " pjy_1 tod 2~a, oa j rde t~
4A r~~~ ~o y attached. The Comnany essumet NO UA81lITY tor am b~; s,~
~ 11 matter re!ateci to this sketch. Refererrre shoul~+ be
e•~9oro,'~r '
257.89 R• ~ CAA,,,C ICALE „N rEETnrade te an accu►ate sOrveY tor turther intormation. BASIS OF BEARINC
• eo,,e~ ~ i .
T• ~ ' o
1~1~ ~ eo ioo ~oo 1he Deorlnq ol N61'15'38'W alonp Indlano Aronue od)oaeM lo anC We
~o. NA
~ ON. Z,qT!ZIO Sulllvon Rood Per Plot of Sulllron ParA CentK os rocmded In Book t!
~ \ ~ ~ ~~~'r ~ r•~oo' Poqee 25-28
~
/ ` \ I~ ~ ~ , • ~ r
LECEND
~ • .,r o • Sd i f~' ,e0ar aop 14 ~1t f 99p a m roka
rn~ c ~s. r ~ w e~:/M a ~
, iwie L maw. ~'•1 ~ ~ . ~ Ea~ar~e#
BuU,a SeiDocl line
1 ~ a ` t 4 a
o CentatM Streel
a • a~~9or ~ ` ~ 1RA CT ,'qr
1 ,
Aeft/.1.69 ~ 'tlt ~
H~qT
\ a a>a •F ~ ~ ..,-o.r oko c ~0
p0
'a VOl
A . S7t9,D!
r~ eoi +o
700,0)
I YIII T"l p~~ ~~1 p~y •
`%~h , 100 r1 MbA1I Mh rOM
' 0 - 307p'3Y rRA
017.00 7.04 Cr C• /
~l • 1E160 13310
~qI'3 ~r.rµa~•
24QI6 ~ aejoa '
~ ~ ~ \ N Mwl~r Dw N., NLll1 '~f ~ ~M • • 10
! : ' ~ \ / ` 1u1~1Y Mr U• ~i ~b -'1'{ wrrawn
~ \ ~6
• ~~/y~ )Rb~T •D,
~,a y~ `w' 11~1~~ 1~ [ ; I
~
c ~7', a+
w. ,~Apo~ :
, l~~~d`, 1 • \ ~ Q~ o _ ~ ~ _ ~Nyi a03i4 91 » I
3 , ~,',,~°j~•'.'4„w i1 i ~i e:rc
~ ~4r' I ' 1~~ '°,~tn~»~~O ' a .im a,oo
~ •
~ . tae~
eur~ S.wa u■ ea.n ► - 4e.ot
~ I 0`
1 ~
X,
11,\ ~~,t~G
DETAIL 'A' SPOKANE COUNTY FINAL SHORT PLAT
\ SP - 1218- 99 ianao019rE
ACCESS EASEMENT SHEET 2 OF 2
_ 6s impson Bngineers, Inc.
IN TNE SE 1/4 OF pVil ENCINEERS dc l1~ND SURVEYORS
SEC110N 11 T.28N„R,44 E.W.M. N. 909 ARGONNE RDAD, SPOKANE YA„ 99212-
. PHONE (509) 926-1322 fAN (509) 926-I3
' C~17✓ei Pi t~A 1~ 1 D
\ I Office of the County Engineer
Spokane County, Washington
January 4, 2001
To: Simpson Engineers, Inc.
1
From: Development Engineeriag Services, 3
Bill Heamiings, P.E.
RE: BSP-75-00
A non exclusive blanket drainage easement for construction, maintenance, repair and
- roennetri.rtinn nf _ctormwater facilities- that serve Tracts 1, 2, 3, and 4 is hereby granted to
; - - - - ~_~_.r
~ ,en~ --L
FAX COVER SHEET
SPOKANE COUNTY ENGINEER' S OFFICE
1026 W. Broadway Avenue, Spokane, WA 99260 Phone: (509) 477-3600
Second Floor Fax # (509) 477-7655
DATE : I lqlg~bo I FAX g~ G - 3
-
TO. C(~-~rl e!IL ~l-wl ~>~^l D r I C~~I
COMPANY: ~
CITY/STATE: Number of pages (including cover sheet): ~ .
,
FROM:
MESSAGE:
,e ~lJ I L.U✓~'~ fL y 1=~~~J ,B
-
Ill'All'AgCIlIC1Il Pt V~rAia~~tnu'~ar-NsaJ-va.v-.,r-.-.,.....,-----a - - ~ - - ` - /
hearings for service or benefit obtained by the planning, design, constructing, maintaining
or operation of stormwater control facilities.
The property owners within this plat shall maintain all water quality swales ("208" swales),
drainage inlets and drainage pipes situated on their respective properties, and any portion
of a`208' swale situated in a public right-of-way adjacent to their respective properties,
with a permanent ground cover as specified in the currently approved and accepted plans
on file at Spokane Couoty's Engineer's Office. No structures, including fences, shall be
constructed directly over or within a`208'swale without the expressed written consent of
the Spokane County Engineer. Spokane County does not accept the responsibility to
inspect and/or maintain the drainage easements or drainage swales, nor does Spokane
County accept any liability for any failure by the lot owner(s) to properly maintain such
areas.
Should the Amendment of Easements and Maintenance Agreement as referenced in
Auditor's Document No. 4452251 be terminated without the permission of Spokane County
and the stormwater system and facilities serving these tracts is still needed to satisfy
applicable regulations, the successors in interest shall be the individual tract owners, or
their successors in interest, who are the property owners of all tracts legaily described in
said Amendment of Easements and Maintenance Agreement. The successors in interest
shall share equally in all maintenance and replacement costs for the treatment and disposal
pond in Tract A of Short Plat No. 1218-99 and associated stormwater facilities, based on
the volume of stormwater runoff discharged to said Tract A from the respective properties.
~ ,----1
~ ! (
FAX COVER SHEET
SPOKANE COUNTY ENGINEER' S OFFICE
1026 W. Broadway Avenue, Spokane, WA 99260 Phone: (509) 477-3600
Second Floor Fax # (509) 477-7655
DATE: ~'j K4 a f 9AI-a I FAX#:
TO: `s~2eL.J Zoo Xa? . .
COMPANY:
CITY/STATE :
Number of pages (including cover sheet):
FROM:
,
NffiS SAGE: ~ r ~ P~a ~as ,ol~-~-c v~-~ ~ ~~.oe u•~c3
A-ai
OfF'ice of the Cou.nty Engineer
Spokane County, Washington
January 4, 2001
To: Simpson Engineers, Inc.
From: Development Engineering Services,
Bill Hemmings, P.E.
Rfi: BSP-75-00
A non exclusive blanket drainAge easement for construction, maintenance, and
reconstruction of stormwater facilities that serve Tracts 1, 2, 3, and 4 is hereby granted to
Tracts 1, 2, 3 and 4. No buildings may be constructed over the stormwater facilities
without the express written permission of the Spokane County Engineer.
There may exist properties located uphill and adjacent to this subdivision which
periodically discharge stormwater runoff onto individual tracts within this plat. Runoff
from nearby uphill properties should be expected, and during snowmelt periods or wet
seasons the tracts may be subjected to higher amounts of stormwater runoff that what is
normally observed or anticipated. Because stormwater runoff from adjacent properties has
discharged onto this plat prior to development, stormwater runoff will likely continue to do
so after development. It is the responsibility of the individual lot owners to maintain
existing surface paths of runoff of natural or man-made drainage flow over and across their
respective properties and to grade the lots in accordance with applicable rules and
regulations, so as to prevent property damage. _
~~D »+c c~~ h~-~e o~C~
c.l w. t r09 r'- g v+ 4p»•t 6 SIVI:Z1.
Any building that is constructed on a tra 5n this plat shall be set at such an elevation so as
to provide positive drainage away from • '
b_ut ow wefi, or a aoorway j.-
S e ° fr-em the building for a
dis e-of-at! ' ' . c,ti shal ,k)tg~ade"o-that-ekher-wj-aff°
r =~-~~ay.-ftppreved f ir-om fhe ~uil~in~g,~aAd-c~,uveyec# over the lot to a natural drainag
o'' , ~a.g'e_uLterce tD C(I on
' The approved drainage facility shall be
constructed in accordance with any applicable accepted plans on file at the County
Engiaeer's Office. Any revisions to the accepted drainage plans must be accepted by the
County Engineer's Office prior to construction of said revisions. Spokane County does not accept the responsibility of maintaining the drainage course on
private lots or floodplain areas within private lots, nor the responsibility for any damage
wnatsoever, including, but not limited to, inverse condemnation to any properties due to
deficient construction and/or maintenance of drainage courses in drainage easements on
private property.
The owner(s) or successor(s) in interest agree to join in any County-approved stormwater
management program and to pay such rates and charges as may be fixed through public
hearings for service or benefit obtained by the planning, design, constructing, maintaining
or operation of stormwater control facilities.
The property owners within this plat shall maintain all water quality swales ("208" swales),
drainage inlets and drainage pipes situated on their respective properties, and any portion
of a`208' swale situated in a public right-of-way adjacent to their respective properties,
with a permanent ground cover as specified in the currently approved and accepted plans
on file at Spokane County's Engineer's Office. No structures, including fences, shall be
constructed directly over or within a`208'swale without the expressed written consent of
the Spokane County Engineer. Spokane County does not accept the responsibility to
inspect and/or maintain the drainage easements or drainage swales, nor does Spokane
County accept any liability for any failure by the lot owner(s) to properly maintain such
areas.
Should the Amendment of Easements and Maintenance Agreement as referenced in
Auditor's Document No. 4452251 be terminated without the permission of Spokane County
and the stormwater system and facilities serving these tracts is still needed to satisfy
applicable regulations, the successors in interest shall be the individual tract owners, or
their successors in interest, who are the property owners of all tract ,wA#m-thP hnundaries
The successors in interest shall share equ lly in all maintenance
and replacement costs for the treatment and disposal pond in act A of Short Plat No.
1218-99 and associated stormwater facilities, based on the ume of stormwater runoff
discharged to said Tract A from the respective properties
C 9;6,ktc,~
`~90,4P 6rc ~~o-eaq-P e);:-'
af-- At fl'sat'r
12-20-200 10:21AM FROM DREW 60DKER ATTORNEY 456 5114 P.1
DREW M. BODKER
Actorney and Counselor iit x:aw
1401 S. Grand Blvd. Suite 203 Nort.h
Spokane, Washington 99243
(509) 45&5 !OQ ,
_ Fax: (509) 45&5I 14
e•tnaif: lwdkrdaw (J 1ot.c0111
. TELEFAX TRANSMITT'AL
DATE: December 20, 2000
TO: Bill Hemmings PHONE: Spokane County Enginccrs FAX: 477-7655
FROM: Drew M. Bodker PHONE: (509) 456-5 l00 .
FAX: (509) 456•5I 14
SUBJECT: BSP-75-00
DOCUtVENT'(5) TRANSMITTED: .
Declaration of Storm Water Drainage Facilities Easein.ent
CUPY TO: Maxket Pointe ti FAX: 922-5757
Simpson Engineers FAX: 926-1323
Joc VVazd FA.X: 625-1800
Number of pages including this covex sheet: 5 Uxiginal being mailed Yes No X
MESSAGE: BiII: per our earlier conversations regarding the drainage easement for BSP-75-00,
I have drafted the above Easement for yotu review. VVc were going to incoxporatc this easement
language into and as -pazt of a Iaeclaration of Reciprocal Easements with Covenants and
Restxictions for iVlarket pointe II Shopping Center, but in thc interest of timc, we are now oti'the
opinion that it is more expedzent to record thas Eascment and then simply reference it in the
Declaration of Reciprocal Eaaements..... Please call me as soan as possible w that vve can
praceed to obtain the proper signatures and cord this F.asemcnt. Thank you for your
coopcration.
iF PROBLEMS ARISE WITN rHIS TRAndSMISSION, PIEASE CALL (509) 4%5100
niOTtCE TO ALL RECIplENTS: unless othenai5e ind~cated. itie tntormation oontained in this iacsimite message is proiected hy the attomey-cfient and/or
attomey-work producig prrvlleges. Ttiis fBCSimife mess2ge Is cOnfiderrtiai and is injended for tha use of the indiviGual or entiry named above, and the priv►tegos
ac+e not waived by viruie of 1Ns haviag been sent by tacs1mtte, h tJtie reader of this message is not me intended recipient, ot the employee or agent responsibte to
deliver it to the int;ended recipienL you are hereby natiftC thai any d'sseminebfln. OisMbuGon os ovpying of this cOmmunicaWn is sUictly prohibiied_ If you have
reaemed th6 `dcsimile communiqAOn in error, piease immeCiately notity us try tejepttQne and retum " or►g+nel message to vs at the abova address via the tJ.S-
Postal Servim: we w►u promptiy reimburse pou fot the telephons and posta$e e;cpense.
DEC-20-2000 10123 456 5114 9?% P.01
12-20-200 10:22AM FROM DREW BODKER ATTORNEY 456 5114 P•2
AF'1'ER RECORDING RETURN TO:
Dxew M. Bodker
Attoxney at Law
1401 S. Graiid Blvd. #203 N Spokane, Washington 99203
Dacument T;tle: . Declaration of Storm Water Drainage Facilities Easement
Grantor: Market Pointe II, LLG, a Washiiigton limited liability conipany
Grantee: Martcet Pointe II, LLC, a Washington limited liability cocnpany
Abbreviated Legal: Tracts C and D SP-12I8-99 (full legal attachcd as Exhibit "A")
.
Parcct Nos. 45116.0207 and 45116.0209
DECLAR.ATYON OF STORM W ATER
DRAINAGE FACILITIES EASEMEN`I' .
This Declaration -of Storm Water Drainage Facilities Easemetit (the "Easement')
is made an.d entered into this 20th day of DccGmber, 2000, by Market Pointe 11, LLC, a ~
VVashington linizted Iiability eompany ac both Grantor anci Gxantee (hereincrfier referred
to czs "GranlOr'),
wIxNEssErH: ~S
WHEREAS, Grantor is the owner of certain real property (thc "Property') locatcd
in Spolcane County, th,e legal description oi' wliich is legally described on Exhxbit "A"
attached hereto and incvrpoxated herein by this refexence as though fiiIly sct fortli, and
WHEREAS, Grantor wishes tv further subdiviae the property into four (4) Iots by -
means of binding site plan and Grantor has filed an application for a binding site plan
under Binding Site Plan BSP-75-00, and
WHEREAS, a condition of approval of said BSP-75-00, Spokanc County requires
that Graiitot• pToviar an easenient fox the construction, rcpair, replacement AiICI
Page - 1 .
H:tMPI110eCtarat0n oi FBcili6es E$Sement.daG DEC-Z!0-2800 10:23 456 5114 99% P.02
Q. 3
12-20-280 10: 22Ah1 FRnm,~ ~REW 60DKER ATTORNEY d56 S1141
f l
1 J '
maintenance of storm water drainage pipelines and facilities (the "Fucilities') t'ronn the
Property to the storm water dCtention pand facility which is located primarily on Tract A.
of SP•121A-99, all of which will benefit the Prop" and which will enable Crantor and
Gxantor's successozs in interest to enjoy the henefits of the Faciiities, and
WHEREAS, a portiou of the Facilities have been construc:ted prior to the date oF
tius Easemeni and xnore facilities wiil be constructed in the #'uture and the Grantor desixes
to establish a general or "blanket" easement for the construetion, repair, replacement,
relocatian and nczaintenance of the Facilities, NOW, THEREFORE, in consideration of the premises and the mutual benefiis to
be derived by the parixes hereto, it is agzeed as foltows:
l. Grantor hereby declan:s, grants and conveys an easemeni f'or the
construetion, repair, replaeement, xelocation and maintenance of the Facilities over,
un.der, on and across the Progerty. Each easement shall be twenty (20') feet in width, the
centerline of which sbali be the midpoint of the actual location of each storzn water _
drainage pipeline, as constructed.
. 2. The Facilities shall be constructed, repaired, rclocated, maintai»ed and
replaeed at the solc eost anc3 expense of Grantor and/or Grantor's suc;c;essors in interest.
E3y allowing development hased upon this Easement, Sgokanc County is not accepting
xesponsibility for maintaining the Facilities descxibed heraiii nor is Spokane County
a4cepiing any responsibility for any damage whatsoever, includicag, but npt limitecl to,
invcrse condewation to the Pxoperty due to deficient construction or inaintenance of the
Facilities. If the Facilities arc not properly maintained by Crantor or Grantpr's succcssors-
in interest, then Spokame County may, upon thirty (30) days prioz written notice to all lot
ownezs of the Praperty in Market 1?ointe lY on which the improperly maintained or
defective Facilities are located, perform such maintenance, repair or replacemelit work
and the cost of such wozk shall bc a lieii on said lots within the Praperty, which lien may
be foreclosed as a mortgage. '1`he provisions of thas Paragraph 2 and the easemcnis
granttd herein cannot be removed or altered so long as the Facilities are bcing used for
storm water treatment and disposal pwrposes as required by Spokane County,
PROYIDED HOWEVER, that the terms of this Paragraph 2 nnay be ititered during the
time in which the Facilities are in use if the express written permission and conscnt of
Spolcane County is obtained. 3. The Easeznents and Faciiities descrxbed hereinabove shall be for the
benetit of all the real property owned by the Grantor as legally described on F,xhibit "A",
however, except as set forth hereinafter regarding the rights accruing to Spokanc Cvunty,
the same shall not create any rights in, xlor shall it be for the benrfit of, the general public,
or for the owners of any areas located outsidc of the Property described on Exhibit "A". ,
page - 2 H:tMPittDeclaration o! Fapl,bes EasemenGdoc .
DEC-20-2000 10:24 456 5114 95% P.03
.
12-20-200 10: 23AM FRP-t-A DREW BODKER ATTORNEY a56 511 a P- d
- 4. The o«+ner of a.ny portion of the Property shall have the right to build ovcr,
under and upon any portion of the Facilities only with the express written consent of the
Spokane Cvunty Engineer, and only if proper pxecautions are taken to ensure the saiety
of the Faczlities, inelieding the ability to perforn,a repairs upon or replacement of that
portion of'the Facilities which may lie beneath a building or other improvernCnts.
5. In the event of legal action by any of thc parties hereto to entorce the
terms of this Agreement, then the prevailing party shail be awatded their reasonable costs
and attorneys fets. Ve,nue and jurisdiction for aiiy sueh legal action shall lie in Spwkaaie
_ County, Washington.
6. All the pronnises, covenants, terms and conditions of this Agreement shall
survive any conveyance and this flgreement shall extend to and bind the successors, heirs
and assigns of the parties hereio. .
IN WITNESS W14EREOF, the undersigned has exec:uted this Agxeement as of the
day and year first above-written. iViA►RKET FOINTE 11, LLC
By
R.A. Hanson - Manager
STA►TE OF WASHINGTON ) ) ss. . .
County of Spokane } On this day of TJecembcr, 2004, before m.e, the undersxgned, a Notary Public in
and for the State of Washington, duly commissioncd and sworn, personally appeax'ed R.A.
Hanson, to me known to be the Man,ager of Market Pointe II, the limited liability connpany
uiat cxec;utecl the foregoing iinstrumeiu, and aeknowledged the said instnunent to be the free
and voluntary act and deed of said limited liability eompany, for thc uses aild purposcs
therein mentioned, and on oath stated that he is authorizeci to execute the said instrLunent.
Wirness my hand and official seal hereto affixed the day and year first above written.
Notary Public in and for the State of
Washington, Residing at Sgokane
My Appointment Expires: Page - 3 .
HAMPUMDedaration ot Faci1'rtiES Easementdoc
DEC-20-2000 10=24 456 5114 95% , P.04
12-20-200 10: 23AM FR7 v'• .~?REW BODKER ATTORNEY 456 51 14' P. 5
EXHIBTT „A,,,
TRAGTS "C" AND "D" OF SPOKAN"E COIJNT'Y SHORT PLAT Np. SP-12l $799,
ACCORDING TO PLAT RECORDED ~EBRUARY 9, 2000, TN VOLUMF, 16 OF
SHORT PLA,TS AT PAGE(S) 71 AND 72, UNDER RECORDING NO. 4454677, IN
SPOK:ANE COUNTY, WASHINGTON.
TOGF.THER WITH THA1' PORTION OF VACATED INDIANA AVENUE
ADJOINING OR l1BUTTING '1'HEREQN, WHICH UPON VACATION, ATTACHED
TO SAID PREMYSES BY OPER.ATION QF LAW.
Page - 4 ti:l(t4PI11DeClaration at Farilitie5 Easementdoc
DEC-20-2000 10:24 456 5114 984% P.05