5944758 Easement, No Build Agreement10/21/2010 03:25:17 PM
5944758
Recording Fee $71.00 Page 1 of 10
SpokanetCountyrWashipNE VALLEY
Washing
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Recording Requested By:
Black Enterprises and Lowe's HIW
When Recorded Mail To:
City of Spokane Valley
11707 East Sprague, Suite 106
Spokane Valley, WA 99206
Attn:
Document Title: A'OBUILD EASEMENTAGREE1gENT
Grantor(s): BLACK ENTERPRISES, a Washington corporation and Lowe's HIW
Grantee(s): BLACK ENTERPRISES, a Washington corporation and Lowe's H1W
Legal Description:
Legal Description of the Lowe's HIW Lot:
That portion of the South Half of the North Half of Section 13, Township 25 North, Range 44 East W.M., in the City
of Spokane Valley, Spokane County, Washington, lying Southerly of the Southerly line of Primary State Highway
No. 2, described as follows:
Lot 2 of Binding Site Plan BSP 01 -07
Situate in the County of Spokane, State of Washington.
And except Broadway Avenue.
ii Legal Description of the Black Enterorises Lot:
That portion of the South Half of the North Half of Section 13, Township 25 North, Range 44 East W.M., in the City
of Spokane Valley, Spokane County, Washington, lying Southerly of the Southerly line of Primary State Highway
No. 2, described as follows:
Lot 3 of Binding Site Plan BSP 01 -07
Situate in the County of Spokane, State of Washington.
And except Broadway Avenue.
No Build Easement Area Legal Description:
That portion of Lot 2 and Lot 3 of Binding Site Plan BSP 01 -07, as recorded in Book 2 of Binding Site Plans at
Pages 97 — 99, under Auditor's File No. 5547166, Spokane County, Washington, being more particularly
described as follows:
Beginning at a point on the east line of said Lot 2, said point lies South 00 °09'00" West, a distance of 80.09 feet
from the Northeast Corner of said Lot 2; thence North 90 °00'00" West, a distance of 20.00 feet; thence South
00 °09'00" West, a distance of 379.34 feet; thence South 89 1 51'00" East, a distance of 40.00 feet; thence North
00 °09'00" East, a distance of 379.44 feet; thence North 90 °00'00" West, a distance of 20.00 feet to the Point Of
Beginning;
All situate in the City of Spokane Valley, County of Spokane, State of Washington;
Said described land contains 15,176 Sq. Ft. or 0.35 Acres, more or less.
Assessor's Tax Parcel ID #(s): 45135.9091
R. E. Excise Tax Exempt
Date lb- —a 1 20 t b
Spokane County Treas.
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 , 2010 (the "Effective Date "), by
and between Lowe's HIW, INC., a Washington corporation ( "Lowe's HIW "), and Black Enterprises, a Washington
corporation (individually, a "Parry" and collectively, the "Parties "). This Easement Agreement is also for the benefit
of the City of Spokane Valley, a municipal corporation ( "City ").
A. Lowe's HIW, INC. is the owner of that certain tract of land described above ( "Lot 2 ").
B. Black Enterprise is the owner of that certain tract of land described above ( "Lot 3 ").
C. Lot 2 and Lot 3 lie within the jurisdiction of the City.
D. Lowe's HIW has constructed a commercial building on Lot 2, and Black Enterprise is proceeding
to obtain the necessary permits to construct a new commercial building on Lot 3 (each a "Building" and,
collectively, the `Buildings ") as shown on the site plan attached hereto as Exhibit C (the "Site Plan ").
E. In order to construct the Buildings, the City is requiring the Parties to enter into this Easement
Agreement in order to prevent a violation of the Washington State adoption of the International Building Code as
adopted by Chapter 24 of the Spokane Valley Municipal Code (as amended from time to time, the IBC ").
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, Lowe's HIW and Black
Enterprise agree that Lot 2 and Lot 3 shall be held, sold and conveyed subject to the following covenants and
restrictions which shall run with Lot 2 and Lot 3, and shall be binding on all parties having any right, title or interest
in the Lot 2 and Lot 3, and upon their heirs, successors, and assigns as owner thereof:
1. Grant of Easement Lowe's HI`'V hereby grants to Black Enterprise and Black Enterprise hereby grants to
Lowe's HIW 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 2 and Lot 3 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 (and be a burden upon) Lot 2 and Lot 3, and for the
successors and assigns in the ownership of Lot 2 and Lot 3. 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 2 and Lot 3.
2. Acceptance by Grantees Lowe's HIW and Black Enterprise 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.
1 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 IBC,
Chapter 24 of the Spokane Valley Municipal Code, or Chapter 24 of the Spokane Valley Municipal Code (adoption
of the Washington State Fire Code, (IFC)). 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. The Parties hereby covenant and agree, for themselves, their
successors, grantees, and assigns, that for the purpose of the application of the Spokane Valley Municipal Code
Chapter 24 (adoption of the State amended IBC and adoption of the State amended IFC), or any other applicable
local, state, of federal building or fire code regulations, the properties described n Exhibits A and B shall be
considered one subject property ( "Property ") and the buildings thereon shall be considered one building, regardless
of ownership or tenancy. Applications for site or building permits on the Property which are subject to review and
approval under SVMC Chapter 24 shall provide the complete site and construction information that includes the
entire Property and the buildings on the entire Property. The Parties hereby grant the City the power to enforce the
requirements of this Easement Agreement as if it were a party hereto, which power of enforcement shall be in
addition to all other legal and equitable remedies available to the City.
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 Lowe's HIW, Black Enterprise, and
the City are as follows:
Lowe's: Lowe's HIW, INC.
Post Office Box 1111
North Wilkesboro, NC 28656
(1605 Curtis Bridge Road, REEC Dock, Wilkesboro, NC 28697)
Attention: Property Management Dept. FMN6
Copy to: Black Enterprises
107 S. Howard, Suite 600
Spokane, WA 99201 -0373
Attention: David Black
City: City of Spokane Valley
11707 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
Parry hereto had signed the same document. All counterparts shall be construed together and shall constitute one
Easement Agreement.
S. 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. Lowe's hereby agrees, for itself, 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 attorney fees) to or by any and all persons or entitles, including,
without limitation, their respective agents, licensees, or representatives, arising from, resulting from the negligence
or intentional conduct of Lowe's, its agents, employees, or contractors and arising in connection with this Easement
Agreement.
Black hereby agrees, for itself, its 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 attorney fees) to or by any and all persons or entitles, including, without
limitation, their respective agents, licensees, or representatives, arising from, resulting from the negligence or
intentional conduct of Black, its agents, employees, contractors and arising in connection with this Easement
Agreement.
10. The covenants, conditions and restrictions contained herein shall touch and concern the land and tun 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.
LOWE'S HIW, INC.�
By: ryp
W. Vi vnFi� A � &
Consented and Agreed to By:
City of Spokane Valley
By: m e, dk LBD, ;3 ...[1 3��
(title)
BLACKEN
By:
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(name)
(title)
STATE OF f ,DA-k6a/ � \
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COUNTY OF W , \ Y\-e )
On an 4 a S 2969 J before 1 1(1 �� C i.�tt ids r. notary
me, p�,;3u
public, personally appeared W l�t.L, � ��a.r J 1 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. 1 n
l_J_—
MELISSA RICHARDSON Signature
Notary Public, North Carolina (typed/printed name of notary)
Wilkes County
My Commission Expires Notary Public in and for the State of N.
February 20, 2012 My commission expires -
STATE OF
) Ss
COUNTY OF I
On 200', before me, notary
public, personally appeared �� personally known to me to be the p5f s9 whose
name is subscribed to the within instrument and acknowledged to me thatjbe executed the same in his A orized
capacity and that by l�js;�nature on the instrument the person or the entity upon behalf of which the person acted,
executed the instr nt.
WITNESS my hand and official seal.
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STATE OF 1
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COUNTY OF )
Signature LL (typed/printed name of notary) Notary Public in and for the tate o
My commission expires -
On this day personally appeared before me to me known to be the of the City of
Spokane Valley, a Washington Municipal corporation that executed the 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 /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 day of 2007.
Signature
(typed/printed name of notary)
Notary Public in and for the State of
My commission expires
STATE OF WASHINGTON )
)ss.
COUNTY OF SPOKANE )
On this day personally appeared before
me to me known to be the
of Black Ent prises, a Washington corporation that executed the
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 mention, and on oath stated that
he /she was authorized to execute said instrument. In witness whereof, I have hereunto set my
hand and affixed my official seal the day and year in the certificate first above written.
JULIA A GUINN
Notary Public
State of Washington
My Commisslon Expires
July 27, 2012
Notary P�lic in and for the State of Washington
Print Name
Residing In Washington
My CommisSio Expires 112-112,1
EXHIBIT A
Le-A Description of the Lowe's H1W Lot
LOT 2:
That portion of the South Half of the North Half of Section 13, Township 25 North, Range 44 East W.M., in the City
of Spokane Valley, Spokane County, Washington, lying Southerly of the Southerly line of Primary State Highway
No. 2, described as follows:
Lot 2 of Binding Site Plan BSP 01 -07
Situate in the County of Spokane, State of Washin§ on.
And except Broadway Avenue.
EXHIBIT B
Le--al Description ofthe Black Entertxises Lot
That portion of the South Half of the North Half of Section 13, Township 25 North, Range 44 East W.M., in the City
Of Spokane Valley, Spokane County, Washington, lying Southerly of the Southerly line of Primary State Highway
No. 2, described as follows_
Lot 2 of Binding Site Plan BSP 01-07
Situate in the County of Spokane, State of Washington.
And except Broadway Avenue.
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EXHIBIT D
Legal Description of the 40' No -Build Easement
That portion of Lot 2 and Lot 3 of Binding Site Plan BSP 01 -07, as recorded in
Book 2 of Binding Site Plans at Pages 97 - 99, under Auditor's File No.
5547166, Spokane C..lunty, Washington, being more particularly described as
follows:
Beginning at a poi ht on the east line of said Lot 2, said point Iies South
00 °09'00" West, a distance of 60.09 feet from the Northeast Corner of said Lot
2; thence North 90 °00'00" West, a distance of 20.00 feet; thence South
00 °09'00" West, a distance of 379.34 feet; thence South 89 °51'00" East, a
distance of 40.00 feet; thence North 00 °09'00" East, a distance of 379.44 feet;
thence North 90 °00'00" West, a distance of 20.00 feet to the Point Of Beginning;
All situate in the City of Spokane Valley, County of Spokane, State of
Washington;
Said described land contains 15,176 Sq. Ft. or 0.35 Acres, more or less.
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