21-049.00 FNF Investments: Sullivan Wellesley Intersection Improvements bgl
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8 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
9 IN AND FOR THE COUNTY OF SPOKANE
10 CITY OF SPOKANE VALLEY, a
11 municipal corporation of the State of Case No. 2020-3460-32
12 Washington,
SE 1-1'LEMENT AGREEMENT
13 Petitioner,
14 v.
15 Spokane County Assessor
FNF INVESTMENTS, LLC, a Washington Parcel Number 45021.5907 and
16 limited liability corporation, and KEATON 45021.5909
17 FLANIGAN, an individual;
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Respondents,
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20 and,
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22 WASHINGTON WATER POWER CO.,
now known as AVISTA
23 CORPORATION, a Washington State
24 corporation; INLAND POWER AND
25 LIGHT, CO., a Washington State
Cooperative Association; the WTW
26 REVOCABLE LIVING TRUST; and
27 All Unknown Owners and Unknown
28 Tenants,
29 Necessary Parties.
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31 Petitioner, the City of Spokane Valley and Respondents FNF Investments, LLC and
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SETTLEMENT AGREEMENT—Page 1 E'ITER,MCMAHON,LAMBERSON,
• VAN WERT&ORESKOVICH,P.C.
618 WEST RIVERSIDE AVENUE,SUITE 210
SPOKANE,WASHINGTON 99201 (509)747-9100
1 Keaton Flanigan, in the above-captioned matter, have reached an accord and settlement
2 which will resolve all claims and causes of action by and between all of the parties and do
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4 hereby agree as follows:
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6 A. Petitioner shall pay to Respondents, in consideration of the agreements set forth below,
7 by depositing in the Registry of Spokane County Superior Court the total sum of
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9 $46,500.00, due within 21 days of the date of approval of this Agreement by the City of
10 Spokane Valley City Manager.
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12 -B. In consideration of said payment, Respondents agree to grant to Petitioner the portion
13 of property subject to condemnation as set forth in the Petition for Condemnation.
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15 Respondents shall also execute the necessary deeds consistent with the terms of this
16 agreement, including proof of signing authority on behalf of Respondent FNF
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18 Investments, LLC, and shall deliver the necessary deeds and any accompanying tax
19 forms to Petitioner upon signature of this Agreement.
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21 C. Upon signature of this Agreement by the parties, approval of the City of Spokane
22 Valley City Manager,'receipt of the executed deeds, and receipt of full payment as set
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24 forth in this Agreement, Petitioner's counsel shall prepare, and all parties shall sign, a
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Stipulated Judgment,Decree of Appropriation, and Order of Dismissal with Prejudice.
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27 D. Each of the parties shall bear their own costs and attorney fees not expressly set forth in
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29 this Agreement and shall execute such pleadings or other writings necessary to
30 effectuate the terms of this Agreement.
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32 E. The parties mutually agree and acknowledge that this settlement constitutes a full, fmal
SETTLEMENT AGREEMENT—Page 2 E I1'ER,McMAHON,LAMBERSON,
VAN WERT&ORESKOVICH,P.C.
618 WEST RIVERSIDE AVENUE,SUITE 210
SPOKANE,WASHINGTON 99201 (509)747-9100
1 and complete release of any and all claims or causes of action against one another or
2 any other party named in the Petition for Condemnation, which was made part of the
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4 Petition for Condemnation, or could have been claimed in any Petition against the
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named Respondents as it relates to the underlying cause of action which forms the basis
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7 of this dispute.
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9 F. In any action—to enforce—the terms of this agreeit eni; the pevatlitig-party stall be - - ----
10 entitled to reimbursement of costs and attorneys' fees incurred therein.
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13 SIGNED AND AGREED TO:
14 ETTER, McMAHON, LAMBERSON, - - -
15 VAN WERT, & ORESKOVICH, P.C.
16 By: n ! ottu,_ Dated: 5-J 2l 2-4
17 ME G AN ( . CLARK, WSBA#46505
18 Atto - or Petitioner
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20 By: Dated: Z-
21 FNF INV NTS, LLC
22 SBRT N j -i,un
Respondent
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25 ifBy: Dated: 5/ l2 1z
26 N FLANIGAN
Respondent K cl ElCl f1f oat&7
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SETTLEMENT AGREEMENT—Page 3 ETTER,MCMAHON,LAMBERSON,
VAN WERT&ORESKOVICH,P.C.
618 WEST RIVERSIDE AVENUE,SUITE 210
SPOKANE,WASHINGTON 99201 (509)747-9100
1 By: mAti40-1,‘_ Dated: 2, 2 Z
,k� 11� 1
2 CALHO
City Manager
3 City of Spokane Valley •
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SETTLEMENT AGREEMENT—Page 4 E•1TER,MCMAHON,LAMBERSON,
VAN WERT&ORESKOVICH,P.C.
618 WEST RIVERSIDE AVENUE,SUITE 210
SPOKANE,WASHINGTON 99201 (509)747-9100