25-076.00PinesRD/BNSFGSPSettlementAgreement1
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FILED
4/8/2025
Timothy W Fitzgerald
Spokane County Clerk
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF SPOKANE
CITY OF SPOKANE VALLEY, a
municipal corporation of the State of
Washington,
Petitioner,
BNM INVESTMENTS, LLC, a
Washington Limited Liability Company,
Respondent,
And,
LEGACY INVESTMENT GROUP (II),
LLC, a Washington Limited Liability
Company; DELANEY INVESTMENTS,
LLC, a Washington Limited Liability
Company,
Necessary Parties.
Case No. 24-2-00723-32
SETTLEMENT AGREEMENT
Spokane County Assessor
Parcel Numbers 45036.0209 and
45046.0210
Petitioner, the City of Spokane Valley and Respondent BNM Investments, LLC, in the
above -captioned matter, have reached an accord and settlement which will resolve all claims
and causes of action by and between all of the parties and do hereby agree as follows:
A. Petitioner shall pay to Respondent, in consideration of the agreements set forth below,
SETTLEMENT AGREEMENT —Page 1
ETTER, M—CMAHON, LAMBERSON,
VAN WERT & ORESKOVICH, P.C.
618 WEST RIVERSIDE AVENUE. SURE 210
SPOKANE, WASHINGTON 99201 (509) 747-9100
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by depositing in the Registry of Spokane County Superior Court the total sum of
$130,000.00, due within 21 days of the date of approval of this Agreement by the City
of Spokane Valley City Manager.
B. In consideration of said payment, Respondent agrees to grant to Petitioner the portions
of property subject to condemnation as set forth in the Petition for Condemnation.
Respondent shall execute the necessary deeds consistent with the terms of this
agreement, and shall deliver the necessary deeds and any accompanying tax forms to
Petitioner upon signature of this Agreement.
C. Upon signature of this Agreement by the parties, approval of the City of Spokane
Valley City Manager, receipt of the executed deeds, and receipt of full payment as set
forth in this Agreement, Petitioner's counsel shall prepare, and all parties shall sign, a
Stipulated Judgment, Decree of Appropriation, and Order of Dismissal with Prejudice.
D. Each of the parties shall bear their own costs and attorney fees and shall execute such
pleadings or other writings necessary to effectuate the terms of this Agreement.
E. The parties mutually agree and acknowledge that this settlement constitutes a full, final
and complete release of any and all claims or causes of action against one another or
any other party named in the Petition for Condemnation, which was made part of the
Petition for Condemnation, or could have been claimed in any Petition against the
named Respondent as it relates to the underlying cause of action which forms the basis
of this dispute.
F. In any action to enforce the terms of this agreement, the prevailing party shall be
SETTLEMENT AGREEMENT — Page 2
ETTER, MCMAHON, LAMBERSON,
VAN WERT & ORESKOVICH, P.C.
618 WEST RIVERSIDE AVENUE, SUITE 210
SPOKANE, WASHINGTON 99201 (509(747-9100
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entitled to reimbursement of costs and attorneys' fees incurred therein.
SIGNED AND AGREED TO:
ETTER, McMAHON, LAMBERSON,
VAN WERT, & ORESKOVICH, P.C.
By; Dated:
M N C. CLARK, WSBA #46505
Attorney for Petitioner City of Spokane
Valley
PHILLABAUM, LEDLIN, MATTHEWS
& SHELDON, PLLC
By:
R BB E. G N '�� 14OTH, WSBA #31103
Attorney for Respondent BNM Investments,
LLC
STAMPER RUBENS, P.S.
RE
DO
Dated: -17 t20 j'z-�
Dated:
KYLE NOLTE, WSBA 427073
Attorney for Legacy Investment Group (II), LLC
and Delaney Investments, LLC
JOHN HOHMAN
City Manager
City of Spokane Valley
SETTLEMENT AGREEMENT — Page 3
Dated:
ETTER, MCMAHON, LAMBERSON,
VAN WERT & ORESKOVICH, P.C.
618 WEST RIVERSIDE AVENUE, SUITE 210
SPOKANE, WASHINGTON 99201 (509) 747-9100
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entitled to reimbursement of costs and attorneys' fees incurred therein.
SIGNED AND AGREED TO:
ETTER, McMAHON, LAMBERSON,
VAN WERT, & ORESKOVICH, P.C.
By; Dated:
M G N C. CLARK, WSBA#46505
V
Attorney for Petitioner City of Spokane
Valley
PHILLABAUM, LEDLIN, MATTHEWS
& SHELDON, PLLC
By:
_ 4—Zrx
R BB E. G UNdAOTH, WSBA #31103
Attorney for Respondent BNM Investments,
LLC
STAMPER RUBENS, P.S.
Dated: Z!l'LOr�
.- 51aq tab
By: Dated: 3 21 ZOZS
LE NOLTE, WSBA #27073
Attorney for Legacy Investment Group (I1), LLC
and Delaney Investments, LLC
ME
JOHN HOHMAN
City Manager
City of Spokane Valley
SETTLEMENT AGREEMENT — Page 3
Dated:
ETTER, MgMAHON, LAMBERSON,
VAN WERT & ORESKOVICH, P.C.
618 WEST RIVERSIDE AVENUE. SUITE 210
SPOKANE. WASHINGTON 99201 (509(747-9100
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entitled to reimbursement of costs and attorneys' fees incurred therein.
SIGNED AND AGREED TO:
ETTER, McMAHON, LAMBERSON,
VAN WERT, & ORESKOVICH, P.C.
By: Dated:
M • G N C. CLARK, WSBA 446505
Attorney for Petitioner City of Spokane
Valley
PHILLABAUM, LEDLIN, MATTHEWS
& SHELDON, PLLC
By: •
R BB E. GR N O'I H, WSBA 431103
Attorney for Respondent BNM Investments,
LLC
STAMPER RUBENS, P.S.
Dated: 2! %'LO j
By: Dated:
KYLE NOLTE, WSBA #27073
Attorney for Legacy Investment Group (II), LLC
and Delaney Investments, LLC
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27 By: Dated: 4/ �- � - e
28 HN HOHMAN
29 City Manager
City of Spokane Valley
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SETTLEMENT AGREEMENT — Page 3 ETTER, M�:MAHON, LAMBERSON,
VAN WERT & ORESKOVICH, P.C.
610 WEST RIVERSIDE AVENUE, SUITE 210
SPOKANE, WASHINGTON 9MI J509) 747-9100
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CERTIFICATE OF SERVICE
I, Joanie Sjostrom, hereby declare and say as follows:
1. I am a citizen of the United States and resident of the state of Washington,
over the age of 18 years, not a party to the above -entitled action, and am competent to be
a witness herein. My business address is 618 W. Riverside Avenue, Suite 210, Spokane,
Washington 99201-5048, and telephone number is (509) 747-9100.
2. On April 2025, I caused to be served the foregoing on the
individual(s) named below in the specified manner indicated:
Robb E. Grangroth
Phillabaum, Ledlin, Matthews &
Sheldon, PLLC
1235 N Post St, Ste 100
Spokane, WA 99201
Kyle Nolte
Stamper Rubens
720 W. Boone Avenue, #200
Spokane, WA 99210
Dated this � day of April, 2025.
SETTLEMENT AGREEMENT — Page 4
❑ U.S. Mail, postage prepaid
❑ Facsimile
® E-Mail
® Via Hand Delivery
❑ U.S. Mail, postage prepaid
❑ Facsimile
® E-Mail
❑ Via Hand Delivery
Joanie stro
ETTER, MC—MAHON, LAMBERSON,
VAN WERT & ORESKOVICH, P.C.
618 WEST RIVERSIDE AVENUE, SUITE 210
SPOKANE, WASHINGTON 99201 (509) 747-9100