5782922 Easement, Shared Access04/22/2009 04 29 23 PM 5782922
Recording Fee $45 00 Page 1 of 4
Miscellaneous GOVERNMENT, CITY OF SPOKANE VALLEY
Spokane County Washington
1111111111111111111111111111111111111 IN 111111111111111111111111111111111 Hill 111111111 IN
After recording, please return to
City of Spokane Valley, City Clerk
11707 E Sprague Ave, Ste 106
Spokane Valley, WA 99206
AUDITOR'S NOTE:
Document Recorded
Is A Copy
LICENSE FOR SHARED ACCESS - ADJOINING TAX PARCELS
Abbreviated Legal Descriptions of Affected Properties
1 Parcel 45 1 64 0383 OPPORTUNITY PT OF B 125 N61 FT OF S76FT OF E103FT OF S1/2
2 Parcel 45164 0394 OPPORTUNITY PTN OF BLK 125, El00FF OF N61FT OF S 137FT
OF E20OFT OF S 1 /2
PARTIES/LEGAL DESCRIPTIONS OF AFFECTED PROPERTIES
This Agreement is entered into between the following parties, and is intended to
touch upon and affect the below-described properties in which each either owns or claims
a possessory interest in
(A) Pizza Rita, Inc., a Washington Corporation ("Pizza Rita"), and
(B) Premier Operating Properties, LLC, a Washington Limited Liability Company
("Premier Operating")
1 1 Commercial property having a street address of 201 N Pines, Spokane Valley,
Washington, and in which Pizza Rita is Lessee under and pursuant to Commercial Lease
dated January 29, 2009 with Premier Operating as Lessor, which is legally described as
The East 5 00 feet of the West 97 00 feet of the East 200 00 feet of the North
61 00 feet of the South 76 feet of the South Half of Tract 125, OPPORTUNITY,
according to Plat recorded in Volume "K" of Plats, Page 20, in the City of
Spokane Valley, Spokane County, Washington,
Together with that portion of said South Half described as follows
Beginning at a point 15 feet North of the Southeast corner of said Tract 125,
thence North on the East line of said Tract 125, a distance of 61 feet to a point,
thence West on a line parallel with the South line of said Tract, a distance of 103
feet to a point, thence South on a line parallel with the East line of said Tract, a
distance of 61 feet to a point, thence East on a line parallel with the South line of
said Tract, a distance of 103 feet to the point of beginning,
Except that portion appropriated by the State of Washington under Cause
Number 84-2-01334-1 filed in the Superior Court on July 30, 1984 for Pines
Road
Parcel No 45 1 64 0383
(Referred to hereinafter as "Pizza Rita Property")
AND,
12 Residential property having a street address of 209 N Pines, Spokane Valley,
Washington, owned by Premier Operating, which is legally described as
Part of the South half of Tract 125, OPPORTUNITY, more particularly described
as follows
Beginning at the point 76 feet North of the Southeast corner of said Tract 125, to
the True Point of Beginning, thence North 61 feet along the East Line of said
Tract 125, thence West 200 feet along a line parallel with the South line of said
Tract 125, thence South 61 feet along a line parallel with the East Line of said
Tract 125, thence East 200 feet along a line parallel with the South Line of said
Tract to the Point of Beginning,
Except that portion conveyed to the State of Washington for SR 27 (Pines Road)
by Deed recorded December 13, 1983, as Auditor's No 831230024,
Also except the West 100 feet,
Situate in the City of Spokane Valley, County of Spokane, State of Washington
Parcel No 45164 0394
(Referred to hereinafter as "Premier Operating Property")
H
AGREEMENT
By this instrument, the parties intend to memorialize the existence of a prior, tacit,
agreement with respect to shared access and for ingress and egress, for the express
purpose to enable and facilitate vehicular traffic flows between the Pizza Rita Property
and the Premier Operating Property Tn consideration of the mutual benefits to be
realized, the parties agree to create a license for shared access, and not an easement,
subject to the following particulars
21 By virtue of its occupancy and possession as Lessee of the Pizza Rita Property,
Pizza Rita grants to Premier Operating a license for the purposes and uses stated herein,
over and across the East 10 Feet of the Pizza Rita Property
22 Prernier Operating, as owner, hereby grants a license to Pizza Rita for shared
access over and across the South 10 Feet of the Premier Operating Property for the
purposes and uses stated herein
23 Shared access as above described shall be allowed for the use and benefit of the
parties hereto, their invitees, employees, agents, and suppliers, and for no others Pizza
Rita shall be wholly responsible for all cost and expense with respect to maintenance and
repairs to the subject access area over and across the Pizza Rita Property Premier
Operating shall be wholly responsible for all cost and expense with respect to
maintenance and repairs to the subject access area over and across the Premier Operating
Property
24 By execution of this Agreement, the parties hereto acknowledge that no easement
shall be created hereby, nor may such be legally created, by virtue of common ownership
of both parcels in Premier Operating as title owner Nevertheless, the intention of the
parties is to allow shared access for ingress and egress as above described for the use and
benefit of the named parties herein for a period of three (3) years from and after the date
hereof, and to be continued thereafter from month-to-month until terminated by either
party upon sixty (60) days written notice provided to the other Subject to the provision
of this Paragraph, this Agreement shall be binding upon the parties hereto, their heirsL_
executors and assigns
Dated this ' ~ day of y April, 2009
PIZZA RITA, INC.
By
J S BRIAN D/ICKMANN,
Its President
STATE OF WASHINGTON
ss
County of Spokane )
PREMIER OPERATING
PROPERTIES, LLC.
By
J S BRIAN DICKMANN,
Its Manager
On th,s ! 5- day of April, 2009, personally appeared JAMES BRIAN DICKMANN to
me known to be the President of Pizza Rita, Inc, the corporation that executed the within and
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 was
authorized to execute the said instrument
IN WITNESS WHEREOF, I have hereunto set my hand and affixed any official seal the day and
year first above written
M M BLE L NOTARY PUBLIC in and for the
NOTARY PUBLIC
STATE OF WASHINGTON State of Washington, residing at Spokane
COMMISSION ExP~RES My appointment expires LS R
AUGUST! 19, 2011
STATE OF WASHINGTON )
ss
County of Spokane )
On this day of April, 2009, personally appeared JAMES BRIAN DICKMANN to
me known to be the Manager of Premier Operating Properties, LLC, the Company that executed the
within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary
act and deed of said Company, for the uses and purposes therein mentioned, and on oath stated that
he was authorized to execute the said instrument
IN WITNESS WHEREOF, I have hereunto set my hand and affixed any official seal the day and
year first above written
M M SLEEK
`NOTARY PUBLIC
STATE OF WASHINGTON
COMMISSION EXPIRES
AUGUST,19, 2011
NOTARY PUBLIC in and for the
State of Washington, residm at Spokane
My appointment expires