25591 BSP-75-00
6N impson 1'nqlneers, Inc.
CIVIL ENGINEERS AND LAND SURVEYORS RECEIVED
N. 909 Argonne Road • Spokane, WA 99212
(509) 926-1322 • Fax: 926-1323 D C 2 1 2000
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S ~ O K A N E C O UI-,.T T Y
DNISJON.OF PLANNING A DMS[ON OP THE PUBLIC WORKS DEPARTMENT oI to'I MICHAEL V. NEEDHAM, DIRECTOR GARY OBEItG, DIItECTOR ~
. MEMORANDUM '
TO: io'n o Em~g:~netrimg . ~RRro.ar Sco~ Eng~l~hard, c/o Sand~ . ' ~ ~ ~ ~'at~t
sion of ngineerulg and Roads, Development Services, Bill Hemmings
Division of Utilities, Jim Red
Stormwater Utility, Brenda Sims
Spokane Regional Health District, Steve Holderby
Spokane County Fire District No. 1
Consolidated Irrigation District No. 19 Washington State Department of Transportation; Mark Rowher
Spokane County Division of Building & Code Enforcement; Jeff Forry
FROM: Tamrny Jones, Associate Planner 411
, DATE: November 22, 2000
SUBJECT: Final Binding Site Plan; BSP-75-00
Attached is a copy of the proposed final binding site plan for BSP-75-00. Please review and
forward your comments to me by December 8, 2000. If you have any questions regarding this
matter, please contact me at 477-7225.
Enclosure(s)
, copy without enclosures to: Simpson Engineers
Bob Boyle .
1026 W. BROADWAY • SPOKANE, WASHINGTON 99260-0220
PHONE: (509) 477-7200 • FAX: (509) 477-2243 • TDD: (509) 477-7133
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CIVIL ENGINEERS AND LAND SURVEYORS EGOU~~~~A
N. 909 Argonne Road • Spokane, WA 99212 SpO~
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DIVISIOIV OF ENGIlV-EERING AND ROADS A DIVISION OF THE PUBLIC WORKS DEl'ARTtifENT
William A. Johns, P.E., County Engineer
May 23, 2000
Doug Christenson
Simpson Engineers, Inc. 909 N. ArgorLne Rd.
Spokane, WA 99212
Re: Drainage Plan Acceptance
Market Pointe II@ 15102 E. Indiana
Doug,
The County Engineers have reviewed the revised site &drainage plan and amended
calculations dated 05/03/00. These items are in overall compliance with the Spokane
County `GSM' and are acceptable for construction for the overall Market Pointe II site
development, and towards any building permit for identified Buildings A, C, D, & E.
At a minimum, the drainage facilities will have to be constructed in a fashion
commensurate with the contributing building(s) and required parking & travel areas. As
you know, the anchor swale is now "maxed out" in terms of `208' capacity, and any
additional development needing stormwater treatment will have to meet those treatment
requirements elsewhere. However, the swale could continue to be used for additional
runoff storage & disposal.
No special inspections are required for this conventional system, however Record
Drawings will be requireci fur the "As-Built" systein. The drawing subm;ttal will be
required prior to any Certificate of Occupancy for any contributing building.
Sincerely,
Gary W. Nyberg, .
Plan Review Engineer cc: JeffForry, Permit Center .
gwn1g:/b99021 acceptdoc , •
1026 W. Broadway Ave. 9 Spokane, WA 99260-0170 •(509) 477-3600 FAX: (509) 477-7655 (2nd Floor) 477-7478 (3rd Floor) • TDD: (509) 477-7133
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4463661
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1512000 10,51A
FiAST. AMFRTfAN TiTI F 1NS FAS 313.Qf1 Snekane Ct►. WA
AFTER RECORDING RETURN TO:
Drew M. Bodker
Attomey at Law
1401 S. Grand Bivd. #203 N
Spokane, Washington 99203
RECTPROCAL PARKING AND
STORM WATER DRAINAGE EASEMENT AGREEMENT
/,311 eu
This Reciprocal Parking and Storm Water Drainage Easement Agreement (the
"Agreement') is made and entered into this /4Orday of March, 2000, by and between Market
Pointe II, LLC, a Washington limited liabrlity company, (hereinafter referred to as "Market
Pointe II') and Baney Corporation, an Oregon corporation, (hereinafter referred tv as "Baney'},
and collectively the "Owners",
WITNESSETkI:
WHEREAS, the Owners are fee owners of certain contiguous parcels of real property
located in Spokane County, Washington, (the "Market Pointe II Property" and the "Baney
Property" ; respectively), and the legal description and tax parcel number of which are as follows:
Market Pointe 11 Prnnertv~
Tracts A,C and D, Spokane County Final Short Plat SP-1218-99, according to plat
recorded i.n Volume 16 of Short Plats, Pages 71 and 72, in Spokane County,
Washington
Pin of Parcel No. 45 ] 16.0204,
Ban v Pro=rtv-
Tract B, Spokane County Final Short Plat SP-12I $-99, according to plat recorded in
Volume 16 of Short plats, Pages 71 and 72, in Spokane County, Washington.
Ptn of Parcei No. 45116.0204
.
WHEREAS, Baney intends #o construct a hotel on the Baney Property and Market Pointe II
intends to construct and develop a shopping center on the Market Pointe II Property, and
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WHEREAS, the Owners desire to create a iimited reciprocal easement for thirty (30)
vehicle parking spaces, as designated from time to time by the Owners, on the parking lot facilities
located on their respective properties, (the "Parking Lot Areas'), conditioned upon the terms and
covenants of this Agreement, as set forth hereinafter, and
WHEREAS, Hanson Industries, Inc., the predecessor in interest of Market Pointe II, has
recorded that certain Amendment of Easements and Maintenance Agreement under Spokane
County Recorder No. 4452251, (the "Amendment"), which document establishes easements for
storm water drainage pipes, (the "Drainage Pipe Easement storm water treatment and disposal
pond (the "Storm Water Pond Easement'), and an easement for access to the storm water treatment
and disposal pond (the Access Easement'), all as set forth and shown in the Amendment.
NOW, THEREFORE, in consideration of the premises and the mutual benefits to be
derived by the parties hereto, the adequacy and sufficiency of which is hereby acknowledged by
each of the parties, it is agreed as follows:
1. All the recitals set forth hereinabove are incorporated herein by reference as though fully
set forth below.
2. Each Owner hereby grants and conveys to the other Owner and to their respective
customers, tenants, employees and other business invitees, a perpetual, non-exclusive and
appurtenant easement for the purpose of ingress and egress to and parking upon a maximum of
thirty (30) vehicle parking spaces on the Parking Lot Areas of Tract C of the Market Pointe II
Property and a maximum of thirty (30)vehicle parking s aces on the Parkin Lot Areas of the
Baney Property.
~ • m~, e parking easements shall further be limited to vehicles used for
passenger use, and no buses, commercial irucks or construction vehicles or equipment of either
Owner or that Owner's customers, tenants, employees or other business invitees shall be allowed to
use the Pazking Lot Areas of the other Owner. The parking easements conferred herein shall be
appiicable only to those portions of each Owner's Parking Lot Areas expressly designated as sueh
by Owners from time to time and which aze marked or designated as arkin stalls but not those
areas designated for loading. ~ A ~ ar The 4wners
shall not exercise their arking easement ri hts on the other Owner's Parking Lot Areas ,Immo'
r '
. i ~ (~l raa ~ ~ ~ , ~ The
wners further agree that this parking easement is intended for overflow parking, and therefore the
first parry shall not use the second party's Parking Lot Areas unless and until at leas.*
;
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F1qST. bYFpi(`,AN T1TI F W1151200 10.51A
TNS FAS 413.M Snnkarn► N. Nb
3. Each Owner sha11 cause its respective Parking Lot Areas to be operated and
maentained in a clean, attractive and functional condition, and in a reputable manner.
cam
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Notwithstanding anything to the contrary contained in this Agreement, neither Owner shall,
in any way, be liable to the other for failure to perform its obligations under this Agreement, unless
the complaining Owner has previously notified the other Owner in writing of the need for such
work and the defaulting Owner has failed to perform its obligations within a reasonable period of
time following receipt of said written notification.
Each Owner may, but shall not be required to:
(a) Close any portion of its Parking Lot Areas to whatever extent required, in the
opinion of its legal counsel, to prevent a public dedication of any of the Parking Lot Areas.
(b) Close temporarily any portion of its Parking Lot Areas for operation, maintenance,
repair and/or replacement purposes.
4. @aehpa
► ~ur►~ •~1Ra ► ~ - . , V~~ r ~ ~i~'aas'e~ r► ~ ~i~~ - ~ e ~ ~ e
~~'b~`'d • ' n • ~ ' - '~~te ~ ~ cd- A eement recorded under
Spokane County Auditor's No.4452251, and as shown on Fina! Short Plat SP-1218-99.
5. Ugon request of Market Pointe II, Baney further agrees to grant to Market Pointe II
an easement for any other utility purposes reasonably necessary for Market Pointe II in developing
~ar~~~~l~~~~~~~t,~i►m~~~
other property owned by Market Pointe H.
sft . lINOW~'1 or WPM i ewfi"W~~
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6. Baney has the right to use the Storm Water Pond Easement for its storm water
disposal per the Amendment, and Baney sha11 pay a proportion of CAM charges for the "Facilities"
(as described in the Amendment) and a proportion of real estate taxes on Tract A, also as set forth in
the Amendment. In addition to these costs for C_ - s-geVVa''n'!r'r a estate taxes, Baney shall
initially install - ent and disposal pond at Baney's sole cos#
and expe ffl, per the landsca e 1 b Market Pointe II and as required by Spokane
Q~~ ~ H91 n anisposa pond.
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Ma 1512004 o 10, 51A
F1AS?. AMfAiC4N 11TIF TNS FdS 511.M Sonkanp Cn. Wb
7. Each Owner shall hold the other Owner harmless from any liability for personal
injuries, property damage or for loss of life or property resulting from or arising out of the use of the
Parking Lot Areas by the other Owner, its emptoyees, customers, tenants, or other business invitees,
not occasioned by an act of misfeasance, and each Owner agrees to maintain not less than two
million ($2,000,000.00) dollars of public liabiIity insurance, which insurance shall name the other
Owner and their respective lenders as additional named insureds thereon. Each Owner shall
provide the other Owner with a certificate of insurance evidencing the fore$oing, insurance coverage
on an annual basis, as may be reasonably increased from time to time, , benefi ~ t,~ i- . , • , ~ , ~y ma_0
o e et Po' ' t . ~ NN& aney shall includq,
-.raklffl r ' M. , 0 , M N-~M ~ ~,t . '"~t~c~h~~e~n~^" -
8. In the event Iegal action is instituted to enforce or interpret the terms of this
Agreement, the prevailing Owner in such action shall be entitled to recover its reasonable attorneys
fees and costs incurred in such action, as determined by ihe court(s). In the event of any appeals
from such actions, the prevailing Owner sha11 be entitled to recover its reasonable attorneys fees
and costs incurred in such appeals, detennined by the court(s). The term "costs" shall include, in
addition to statutory costs and disbursements, all costs associated with discovery depositions, expert
witness fees, and out-of-pocket costs incurred by the prevailing Owner in the prosecution or
defense of the action. For the purpose of this Paragraph 8, the tertn "action" shall be deemed to
include any proceeding commenced in any court of general or limited jurisdiction, including any
proceeding commenced in the bankruptcy courts of the United States. Venue and jurisdiction for
any action sha11 lie in Spokane County, Washington, and this Agreement shall be construed and
enforced in accordance with the laws of the State of Washington.
9. All notices, requests, demands, elections, offers, acceptances and other
communications required or permitted to be delivered under this Agreement sP. g
deemed given or received, as the case may be, upon the earlier to occur of (a) actual receipt by the
addressee thereof, including facsimile receipt, (b) three (3) days after deposit in the United States
mail, postage prepaid, registered or certified mail, return receipt requested, or (c) on the date the
notice is delivered by a reputable professional courier services (including Federal Express, Emery,
Airborne, DAL or similar operalion) addressed to the Owner to whom given at the address set forth
below or such other address as may be designated by written notice delivered to the other Owner.
Market Pointe II C B Corporation
. oyle A~ .''aney
E. Indiana Ave. 1550 N.E. Williamson Blvd.
Spokane, WA 99216 Bend, Oregon 97701
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F1AST. AMfATfAN T1TIF INS FdS~J15j200Q 10;51A
3t3.(xi Snnkane Ce. Wd
10. This Agreement shall inure to thc benefit of, and be binding upon, the successors in
interest to Market Pointe TI and Baney, and their respective heirs, executors, administrators,
representatives, successors and assigns.
Dated as of the day and year first above-written.
Market Pointe U. LLC Baney Corporation
By • • ~
R.A. Hanson - Manager Curtis A. Baney - President
STATE OF WASHINGTON )
) ss.
County of Spokane )
On this _7104 day of March, 2000, before me, the undersigned, a Notary Public in and for
the State of Washington, duly commissioned and sworn, personally appeared R.A. Hanson to me
known to be the Manager of Market Pointe II, LLC, the limited liability company that executed the
foregoing instrument and acknowledged the said instrument to be the free and voluntaiy act and
deed of said limited liability company for the uses and purposes therein mentioned, and on oath
stated that he is authorized to execute the said instrument.
_ Witness.my hand and official seal hereto affixed th ay and ar fi t above written.
UREW
;
STATE O`~
~OjN~~• C.~;',
Notary Public in and for the State of
Washington, residing at Spokane~ ~
My ~lppointment Expires: Sy `
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4463661
03~15I2004 o 10 51A
FTRT 11eFAMIN TTTI F 11K FAS S13 nl Cnnkana C(i. U
STATE OF )
) ss. County of ,f )
On this _Jeday of March, 2000, before me, the undersigned, a Notary Public in and for
the State of Washington, duly commissioned and sworn, personally appeared Curtis A. Baney to me
known to be the President of Baney Corporation, the corporation that executed the foregoing
instrument and acknowledged the said instrument to be the free and voluntary act and deed of said
corporation for the uses and purposes therein mentioned, and on oath stated that he is authorized to
execute the said inshvment.
Witness my hand, and official seai hereto affixed day e irst above written.
;
DPEw M. B G D KER I
No Public in and for the State o
ST4j,~„JX.# A rH!NG (0 N Residing at
N 0 t AFo'' My Appointment Expires • r-/
mY CJMMISS10's R►'ijrS ~ i
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