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Home My WebLink About25-166.00 Shari Austin - Settlement Agreement09/30/2025 11:37:33 AM 7444112 Recording Fee $612.00 Page 1 of 6 Multi -Title GOVERNMENT, CITY OF SPOKANE VALLEY Spokane County Washington 11111111111111 I I 1111111111111111111111 I I N 1111111111111111111111 I I 11111111111 I I I 111 RETURN NAME and ADDRESS City of Spokane Valley c/o City Attorney 10210 E. Sprague Avenue Spokane Valley, WA 99206 Please Tyne or Print Neatly and Clearly All Information Document Title(s) Settlement Agreement and Release Reference Number(s) of Related Documents Not applicable Grantor(s) (Last Name, First Name, Middle Initial) City of Spokane Valley Grantee(s) (Last Name, First Name, Middle Initial) Austin, Shari Legal Description (Abbreviated form is acceptable, i.e. SectionfFownship/Range/Qtr Section or Lot/Block/Subdivision) ORCHARD AVENUE ADD, REPLAT OF BLKS 151-154, 178 & 179, & 225; W 60 FT OF E 160 F OF TRACTS 258 & 265 EXC N 147.5 FT OF SD TRT 258 Assessor's Tax Parcel ID Number 45072.4816 The County Auditor will rely on the information provided on this form. The Staff will not read the document to verify the accuracy and completeness of the indexing information provided herein. Sign below only if your document is Non -Standard. I am requesting an emergency non-standard recording for an additional fee as provided in RCW 36.18.010. I understand that the recording processing requirements may cover up or otherwise obscure some parts of the text of the original document. Fee for non-standard processing is $50. Signature of Requesting Party 7444112 Page 2 of 6 09/30/2025 11:37:33 AM SETTLEMENT AGREEMENT AND RELEASE THIS SETTLEMENT AGREEMENT AND RELEASE ("Agreement") is entered into by and between SHARI AUSTIN, a single individual, and THE CITY OF SPOKANE VALLEY, a Washington municipality (hereinafter referred to as the "City") and is effective on the last date of execution established below. Shari Austin and the City are sometimes hereinafter referred to collectively as the "Parties." I. RECITALS A. The Parties enter into this Agreement to settle and resolve the Parties' dispute as whether the real property legally described as ORCHARD AVENUE ADD, REPLAT OF BLKS 151-154, 178 & 179, & 225; W 60 FT OF E 160 FT OF TRACTS 258 & 265 EXC N 147.5 FT OF SD TRT 258, and bearing Spokane County Tax Parcel No. 45072.4816 (hereinafter "Subject 1roperty"), qualifies as a legal lot pursuant to Spokane Valley Municipal Code 20.20.030(E). B. The Subject Property is located in an R-3 Residential Zone along the 7000 block of East Marietta Avenue, Spokane Valley, Washington. Ms. Austin purchased the Subject Property on or about July 14, 2011, and is the current owner thereof. - C. On or about June 16, 2025, Ms. Austin asked the City, among other things, whether building permits could be issued for improvements to the Subject Property. On or about August 8, 2025, the City responded that building permits cannot be issued for the Subject Property because it is not a legal lot as defined by the Spokane Valley Municipal Code. D. Ms. Austin disputes the City's determination. E. The Parties desire to resolve the above dispute in order to avoid the time, expense, and uncertainty of litigation. II. AGREEMENT NOW THEREFORE, in consideration of the foregoing and the mutual promises set forth below, and other good and valuable consideration the parties therefore agree: 1. Recitals Incorporated by Reference. The Parties incorporate the above Recitals as part of their Agreement as if fully restated herein. 2. Duties of the City. The City agrees to the following: a. The City shall recognize the Subject Property to be a legal lot for all purposes under the Spokane Valley Municipal Code as of the date this Agreement is fully executed by the Parties. Such recognition shall be valid unless and until modified by a future tax parcel segregation, binding site plan, subdivision, boundary line adjustment, or other action that alters the legal description or property lines of the Subject Parcel. Upon such modification, whether the Subject Property or any portion thereof is a legal lot shall be determined in accordance with applicable provisions of the Spokane Valley Municipal Code and Washington law as they exist at the time of said modification. 7444112 Page 3 of 6 09/30/2025 11:37:33 AM b. If and when asked by real estate escrow companies, title companies, or others whether the Subject Property is a legal lot or a lot for which building permits can legally be issued under Spokane Valley Municipal Code, the City shall respond in the affirmative unless either (1) a modification referenced in Section 2.a. above has occurred rendering the Subject Property or a portion thereof to no longer constitute a legal lot, or (2) the inquiry relates to the Subject Property's status prior to the date this Agreement was executed by both Parties. C. If and to the extent allowed by Washington law, the Spokane County Code, and the Spokane County Auditor's Office, the City shall cause a notice to be recorded with the Spokane County Auditor's Office on the Subject Property's title, which notice shall identify the Subject Property to be a legal lot that may be improved as allowed by the Spokane Valley Municipal Code and other applicable law. The Parties agree that recording a copy of this Agreement (with or without a cover sheet) with the Spokane County Auditor's Officer shall satisfy this obligation of the City. Such notice shall be recorded within a reasonable time after both Ms. Austin and the City have signed this Agreement. 3. Binding on Future Purchasers. Sections 2.a. and 2.b. of this Agreement shall apply to all future transferees and/or purchasers of any interest in the Subject Property. 4. Release and Discharge of Claims Against the City. In consideration for the City agreeing to the terms of Section 2 above, Ms. Austin (on her own behalf and on behalf of her heirs, successors, assigns, and transferees) hereby waives, releases, and forever discharges the City from any and all past, present, or future claims, demands, obligations, actions, causes of action, claims, rights, damages, costs, attorneys' fees, consultants' fees, experts' fees, losses of services, expenses and compensation of any nature whatsoever, whether based in tort, contract, civil rights law, constitutional provisions, statutory rights, local laws, the common law, equity, or any other theory of recovery, which have or which may hereafter accrue based on operative events that occurred prior to the date this Agreement was executed and which are related to the Subject Property (hereinafter "Claims"). This release and discharge of Claims shall also release the City's past, present, and future officers, attorneys, agents, servants, representatives, employees, predecessors and successors in interest, and assigns, and all other persons, firms, or corporations with whom any of the former have been, are now, or may hereafter be affiliated. The release granted herein is a full and general release of Ms. Austin's Claims. This release and the terms of this Agreement are fully binding and constitute a complete settlement by the Parties, and the heirs, assigns, and successors of each. 5. No Admission of Liability. The Parties acknowledge and agree that this Agreement is a compromise of a dispute, and the terms contained herein are not to be construed as an admission of liability on the part of any Party. No concession or release made by a Parry to this Agreement shall be construed or asserted as an admission of liability, wrongdoing, or fault. 6. Authori1y. By executing this Agreement, each Party represents and warrants that it has authority to execute this Agreement, and that its execution of this Agreement is valid and binding for all purposes articulated herein. Each signatory to this Agreement represents and warrants that he or she has full power and authority to execute and deliver this Agreement on behalf of the Party for which he or she is signing, and that he or she will defend and hold 4 7444112 Page 4 of 6 09/30/2025 11:37:33 AM harmless the other Parties and signatories from any claim that he or she was not fully authorized to execute this Agreement on behalf of the person or entity for whom he or she signed. 7. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original, but all of which shall constitute one (1) instrument. Delivery of the executed counterpart of this Agreement via facsimile or electronic mail in portable document file format (.pdf) shall be as effective as delivery of an originally signed executed counterpart of this Agreement. 8. Notices. All notices, demands, statements, and requests (collectively, the "notice") required to be given under this Agreement must be in writing and shall be deemed to have been properly given or served as of the date hereinafter specified: (i) on the date of personal service upon the person to whom the notice is addressed or if such person is not available the date such notice is left at the address of the person to who it is directed, (ii) on the date the notice is postmarked by the United States Post Office, provided it is sent prepaid, registered or certified mail, return receipt request, (iii) on the date the notice is delivered by a courier services (including Federal Express, Express Mail, UPS or similar operation) to the address of the person to whom it is directed, provided it is sent prepaid, return receipt requested, or (iv) on the date sent via email to the email address of the person to whom it is directed, provided it is sent prior to 5:00 p.m. Pacific time on the day of submission (otherwise, it shall be deemed received the next business day). The appropriate physical or email address of each signatory to this Agreement is set forth below: City of Spokane Valley: c/o City Manager City of Spokane Valley 10210 E. Sprague Avenue Spokane Valley, 99206 Shari Austin: 2602 N Gary -Laurie Ct Spokane Valley, WA 99206 or libmcitygirl@hotmail.com Each Party shall have the right at any time, upon at least ten (10) days' prior written notice, thereof in accordance with the terms, provisions and conditions hereof, to change its respective address and to specify any other address within the United States of America; provided however, notwithstanding anything herein contained to the contrary, in order for the notice of address change to be effective it must actually be delivered. Refusal to accept delivery of a notice or the inability to deliver a notice because of an address change which was not properly communicated shall not defeat or delay the giving of a notice. 9. Headings. The headings used in this Agreement are for convenience only and shall not be used to interpret the terms of this Agreement. 3 7444112 Page 5 of 6 09/30/2025 11:37:33 AM 10. Severability. This Agreement does not violate any federal or state statute, rule, regulation, or common law known; but any provision which is found to be invalid or in violation of any statute, rule, regulation, or common law shall be considered null and void, with the remaining provisions remaining viable and enforceable to the extent permitted by law. 11. No Waiver of Right to Demand Performance. No failure on the part of any Party to exercise and no delay in exercising any right or remedy under this Agreement shall operate as a waiver thereof; nor shall any single or partial exercise by any Party of any right or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right. 12. Full Understanding. The Parties each acknowledge, represent and agree that they have read this Agreement; that they fully understand the terms thereof, that they have had the opportunity to be fully advised by their legal counsel and any other advisors with respect thereto; and that they are executing this Agreement after sufficient review and understanding of its contents. 13. Final and Complete Agreement. This Agreement is integrated and constitutes the final and complete expression of the Parties on all subjects included herein. This Agreement may be modified, interpreted, amended, waived, or revoked only by a writing signed by all Parties. This Agreement supersedes and replaces all prior agreements, discussions and representations on all subjects discussed herein, without limitation. No Party is entering this Agreement in reliance on any oral or written promises, inducements, representations, understandings, interpretations, or agreements other than those contained in this Agreement. IN WITNESS WHEREOF, the Parties have signed this Agreement as set forth by the signatures appearing below. SHARD%STIN ri Ausfin/. Date:(DoC CITY OF SPOKANE VALLEY, a Washington municipal corporation J n Hohman, City Manager Date:F- 3 0— Z3 0— Z--s 4 RECEIVED C17Y OF spo01YE VALLF Y 7444112 Page 6 of 6 09/30/2025 11:37:33 AM APPROVED AS TO FORM Offig,"X the City