5872483 Easement, No Build Agreement4
When Recorded Mail To:
City of Spokane Valley
11707 East Sprague, Suite 106
Spokane Valley, WA 99206
Attu: Cary Driskell
Deputy City Attorney
02/02/2010 12 :19:58 PM
Recording Fee $70.00
Easement CITY OF _P 1 of s 5 872483
Spokane County Washington VALLEY
III
Document Title: NO -BUILD EASEMENTAGREEMENT
Grantor(s): Folkins Family Partnership
Grantee(s): Carstens Company, a Washington corporation
Legal Description: * Property commonly known as N. 509 Ella Road, Spokane Valley, Washington. A complete
legal description is attached.
No Build Easement Area Legal Description: Complete Legal Description on Exhibit D
Assessor's Tax Parcel ID#(s): 45183.9173 and 45183.9143
*Parcel D of S.P. 748 -92, Vol 8 of S.P, Pgs 81 -82
and Ptn Gov't Lot 3, 18 -25 -44 ;'w 1 14
NO BUILD EASEMENT AGREEMENT
This NO -BUILD EASEMENT AGREEMENT (this "Easement Agreement ") is made and entered into as of
the date of the last execution hereof, which date is the day of , 2009 (the "Effective Date "), by
and between Folkins Family Partnership and Carstens Company, a Washington corporation (individually, a "Party"
and collectively, the "Parties "). This Easement Agreement is also for the benefit of the City of Spokane Valley, a
municipal corporation ( "City").
A. Folkins Family Partnership is the owner of that certain tract of land described in Exhibit A
attached hereto ( "Lot A ").
B. Carstens Company is the owner of that certain tract of land described in Exhibit B attached hereto
( "Lot B ").
C. Lot A and Lot B lie within the jurisdiction of the City.
D. Folkins Family Partnership owns Lot A, and Carstens Company is proceeding to obtain the
necessary permits to construct a new commercial building on Lot B (the "Building ") as shown on the site plan
attached hereto as Exhibit C (the "Site Plan ").
R. E. Excise Tax Exempt
Date - 20 b
Spokane County Treas.
]lsy�� n
E. In order to construct the Building, the City is requiring Carstens Company to obtain this Easement
Agreement in order to prevent a violation of the Washington State building code as adopted by Chapter 24 of the
Spokane Valley City Code (as amended from time to time).
NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth and for other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Folkins Family Partnership
and Carstens Company agree that Lot A and Lot B shall be held, sold and conveyed subject to the following
covenants and restrictions which shall run with Lot A and Lot B, and shall be binding on all parties having any right,
title or interest in the Lot A and Lot B, and upon their heirs, successors, and assigns as owner thereof-
1. Grant of Easement Folkins Family Partnership hereby grants to Carstens Company and Carstens Company
hereby grants to Folkins Family Partnership for themselves, their successors, grantees, and assign, subject to the
terms and conditions contained herein, a non - exclusive "no- build" easement (the "No -Build Easement ") upon that
portion of Lot A and Lot B that is legally described in Exhibit "D" ( "Legal Description of No -Build Easement ") and
as depicted on the Site Plan attached as Exhibit "C ", which shall be for the benefit of the Parties, and for the
successors and assigns in the ownership of Lot A and Lot B. The provisions of the "No -Build Easement' shall be
solely as set forth herein. Additionally, the No -Build Easement shall benefit and be appurtenant to Lot A, Lot B,
and the City of Spokane Valley, a municipal corporation ( "City").
2. Acceptance by Grantees Folkins Family Partnership and Carstens Company do hereby accept the
foregoing grant of the No -Build Easement and do hereby expressly agree to be bound by the terms, covenants and
conditions contained herein.
3. Agreement Not to Construct. The Parties agree that the No -Build Easement Area shall be maintained free
of any building or structure; provided, however, this Easement Agreement shall not prevent the No Build Easement
Area from being used for driveways, sidewalks, curbs and gutters, parking, landscaping, patios, pools, signs and sign
supports, fences not more than three (3) feet in height, enclosures surrounding refuse or trash areas, utility
transformers or similar improvements, privacy walls and similar uses which would not create a violation of the
International Building Code ( "IBC "), International Fire Code, and Chapter 24 of the Spokane Valley City Code.
Nothing contained herein shall restrict the Parties from constructing water, sewer, gas or electric utilities and
appurtenances within the No -Build Easement Area.
4. Amendment of Easement Agreement. This Easement Agreement shall not be amended, revoked or altered
by the Parties without the written consent of the City, which consent shall be recorded in the Official Records of
Spokane County, Washington. If the IBC is amended to eliminate the requirement of the No Build Easement Area
or if the Buildings or their replacements do not require the establishment of a No Build Area, the City shall consent
to the termination of this Agreement if all other building, fire, and land use regulations are satisfied.
5. Code Compliance and Enforcement. N/A
6. Notices. Notices or other communications hereunder shall be in writing and shall be sent by certified mail,
return receipt requested, a nationally - recognized courier company, or personal delivery. A notice shall be deemed
given upon receipt or refusal to accept delivery. Each Party may change from time to time their respective address
for notice hereunder by like notice to the other Party. The notice addresses of Folkins Family Partnership, Carstens
Company, and the City are as follows:
Folkins Family Partnership 7622 Valleyway
Spokane Valley, WA 99212
Attention: Lee Folkins
Carstens Company 1202 E. Sprague Avenue, Suite 202
Spokane, WA 99202-2111
Attention: Peter Carstens, President
City: City of Spokane Valley
1 ] 707 East Sprague
Suite #106
Spokane, Valley, WA 99206
7. This Easement Agreement may be executed in any number of counterparts with the same effect as if each
Party hereto had signed the same document. All counterparts shall be construed together and shall constitute one
Easement Agreement.
8. Except as amended herein, the Parties agree that the Easement Agreement shall remain in full force and
effect. All capitalized terms not defined herein shall have the meaning ascribed thereto in the Easement Agreement.
9. The Parties hereby agree, for themselves, their successors, grantees, and assigns to indemnify, defend and
hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims,
demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities,
including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or
connected with this Easement Agreement.
10. The covenants, conditions and restrictions contained herein shall touch and concern the land and run with
the land, and the rights and obligations granted herein shall inure to the benefit of and be binding upon the parties'
respective successors in interest, heirs, grantees and assigns.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date first written above.
Carstei
LIM
Peter Carstens
Consented and Agreed to By:
City of Spokane Valley
By: IMe. me
President
l
Folkin amity Partne • '
By:
(signature)
Lee Folkins
Partner
STATE OF WASHINGTON )
) ss
COUNTY OF SPOKANE )
On c -��,/U , 2009, before me, S , notary
public, personally appeared Peter Carstens, personally known to me to be the person whose name is subscribed to
the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his
signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal. Q
Signature
(typed/printed name of notary)
uw Y l'ulalie Notary Public in and for the State of �
I�(�tda►
Sitad e ()f Wa, 'pot(In
My commission expires
ROBE v COOS ..
�^ 1VY C01\1' ISSION EXPIRES j "iablic
*� auruary 19, 1013 sftl� gton
`,ODD FM
my(. , . • I EXPIRES
2013
55 STATE OF WASHINGTON ss COUNTY OF SPOKANE
On �i�.�rc� 7 2009, before me, �--�,_ 7G ~� S , notary
public, personally appeared Lee Folkins, personally known to me to be the person whose name is s scribed to the
within instrument and acknowledged to me that be executed the same in his authorized capacity a t
signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Nol lYv
Skat <°
ROBER
(y
Signature
(typed/printed name of notary)
Notary Public in and for the State of /w �-•
<.1
My commission expires
5 Notary Public
State of Washington
ROBERT N CODD
MY COMMISSION EXPIRES
February 19, 2013
STATE OF WASHINGTON )
) ss
COUNTY OF SPOKANE )
��yy Qln`
On this day personally appeared before me1��L1 e known to be the .tob ff t� of
Spokane Valley, a Washington Municipal corporation that executed the foregoing instrument, an 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 /she was authorized to execute said instrument and that the seal affixed, if any
is the corporate seal of said corporation.
GIVEN my hand and official seal this 10
v
pV V .�
day of f) �1 orrt� 2009.
Signature
(typed/printed name of notary)
Notary Public in and for the tat of
My commission expires q —1-/
EXHIBIT A to No -Build Easement Agreement
Legal Description of Lot A
LOT A:
Legal Description: 15- 28-44, Parcel D of Short Plat 748 -92, according to Short Plat recorded in Volume 8 of Short
Plates, pages 81 and 82 in Spokane County, State of Washington, also known as Parcel number 45183.9173.
EXHIBIT B to No -Build Easement Agreement
Legal Description of Lot B
LOT B:
That portion of the North 150' and the East 100' of the East 383' of Gov't Lot 3, in Section 18* Range 44, E.W.M.,
except the North 675.5' thereof and except the South 359', and except the East 25' for Ella Road in Spokane
County, State of Washington, also known as Parcel number 45183.9143.
*Township 25
EXHIBIT D to No -Build Easement Agreement
Legal Description of No -Build Easement Area
Legal Description: The No Build Easement Area consists of the 40' x 363.04' existing roadway located between
Lot A and Lot B, as described on Exhibits A and B hereto and as depicted on Exhibit C hereto.
Situated in the County of Spokane, State of Washington