12-151.00 Montgomery Realty: No-Build Easement re BSP-05-08CITY OF SPOKANE VALLEY
O DEVELOPMENT DEPARTMENT INFORMATIONAL COVER SHEET FOR
DOCUMENTS REQUIRING CITY MANAGER SIGNATURE
Date: October 10 2012
Budget Account No.: N/A
AGREEMENT TOPIC & BACKGROUND:
Central Business Park Binding Site Plan (BSP- 05 -08) is finalizing Phase I creating 6 out of 13
lots to be sold and further developed. The attached No -Build Easement is a form used by the
City (Building Division) to ensure building setbacks between existing structures and new property
lines are being preserved. The International Building Code (IBC) dictates setbacks from
buildings to property lines based on use and type of building construction separate from the
zoning code. The current property owner has signed and entered into the agreement for an
easement to be located on certain lots within the BSP to put any future property owner on notice
of such setback restrictions.
SELECTION PROCESS:
Small Works Roster
❑ Other
❑ RFQ ❑ Consultant Roster
BUDGET /FINANCIAL IMPACTS:
Revenues:
XXX Grant $
City Match $
Other $
Total Funds Available $
D partment Director
❑ Formal Bid
N/A
Expenditures:
PE- $
RW - $
CN - $
Total Est. Ex enditures $
ro�ect Manager
❑
Letter of Credit
❑ Performance & Payment Bond Approval
J� Date Date
Approved: /V `Y U `/ Z � Approved:
Legal jdpplicable only for Original Contract Agreements) Finance (applicable only for Original Contract Agreements)
Contract Language ❑ Selection Process Approval
❑ Funding Source Approval
DISTRIBUTION:
Original to Vendor
Original to City Clerk
Copy to Submitting Department
Copy to Finance Department
ATTACHMENTS:
Original No -Build Easement (7pgs)
KIIA Approved:
Risk Manager
❑ Insurance Certificate Approval
OD 1 2 -t51
When Recorded Mail To:
City of Spokane Valley
11707 East Sprague, Suite 106
Spokane Valley, WA 99206
Document Title: DECLARATION OF NO -BUILD EASEMENT
Grantor(s): Montgomery Realty, LLC, a Washington limited liability company
Grantee(s): Montgomery Realty, LLC, a Washington limited liability company
Legal Description: See attached Exhibit
No -Build Easement Area Legal Description: Complete Legal Description on Exhibit B
Assessor's Tax Parcel ID #(s): Ptn. of 45095.9058
DECLARATION OF NO -BUILD EASEMENT AND RESTRICTIVE COVENANT
This DECLARATION OF NO -BUILD EA §EMENT AND RESTRICTIVE COVENANT (this
"Declaration ") is made and executed as of the le'"day of October, 2012 (the "Effective Date "), by
MONTGOMERY REALTY, LLC, a Washington limited liability company ( "Declarant "). This Declaration is also
made for the benefit of the City of Spokane Valley, a municipal corporation ( "City ").
A. Declarant is the owner of certain real property legally described on Exhibit A, and located
generally at 11006 East Montgomery Avenue, Spokane Valley, Washington (the "Real Property ").
B. Declarant is currently in the process of completing a binding site plan, reference number BSP 05-
08 (the "Plan ") which has been recorded concurrently herewith. Pursuant to the Plan, the Center may be divided
into five separate lots (each a "Lot" or collectively, the "Lots") and two future phases (each a "Phase" or
collectively, the "Phases "). Reference to a specific Lot or Phase herein shall refer to that specific Lot or Phase as
shown on the Plan, as recorded.
C. The Real Property lies within the jurisdiction of the City.
D. Commercial buildings currently exist within the Lots. Declarant, or its successors or assigns may
redevelop portions of the Real Property to construct additional buildings within the Real Property.
E. In connection with any future redevelopment of the Real Property, or the construction of future
buildings on the Property, the City has required the Declarant to provide this Declaration in order to prevent a
violation of the Washington State Building Code as adopted and revised by Spokane Valley Municipal Code
(SVMC) 24.40 (as amended from time to time).
NOW, THEREFORE, Declarant hereby agrees that the Real Property shall be held, sold and conveyed
subject to the following covenants and restrictions which shall run with the Lots, and shall be binding on all parties
having any right, title or interest in the Lots and upon their heirs, successors, and assigns as owner thereof:
I . Declaration of Easement. Declarant hereby reserves unto itself, its successors, grantees, and assigns,
subject to the terms and conditions contained herein, a non - exclusive "no- build" easement (the "No -Build
Easement') upon that portion of Lot 4 and Lot 5 that is generally described as being no closer than 40 feet plus the
setback required in IBC Table 602 for the new structure from the existing building on Lot 2, and that is legally
described in Exhibit B ( "No -Build Easement Area "), which shall be for the benefit of and be a burden upon Lot 4
and Lot 5, and for the successors and assigns in the ownership of Lot 4 and Lot 5. 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 4 and Lot 5.
2. Agreement Not to Construct. Declarant agrees that the No -Build Easement Area shall be maintained free
of any building or structure; provided, however, this Declaration 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 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 Washington State
Building Code, IFC, and SVMC 24.40. Nothing contained herein shall restrict the Declarant, its successors, or
assigns, from constructing water, sewer, gas or electric utilities and appurtenances within the No -Build Easement
Area.
3. Amendment of Declaration. This Declaration shall not be amended, revoked or altered by Declarant, or its
successors or assigns, without the written consent of the City, which consent shall be recorded with the Spokane
County Auditor. If the Washington State Building Code is amended to eliminate the requirement of the No -Build
Easement or if the existing building or its replacements do not require the establishment of a No -Build Easement,
the City shall consent to the termination of this Declaration if all other building, fire, and land use regulations are
satisfied.
4. 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 SVMC 24.40 (adoption and amendment
of the State Building Code) or any other applicable local, state, of federal building or fire code regulations, Lot 1,
Lot 2, and Lot 3 shall be considered as one subject property and the buildings thereon shall be considered one
building, regardless of ownership or tenancy. Applications for site or building permits on Lot 1, Lot 2, and Lot 3
which are subject to review and approval under SVMC Titles 17 -22 and 24 shall provide the complete site and
construction information that includes all the buildings on Lot 1, Lot 2, and Lot 3. Declarant hereby grants unto the
City the power to enforce the requirements of this Declaration 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.
5. 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. Any party owning a Lot may change from time to time their
respective address for notice hereunder by like notice to the other parties. The notice addresses of Declarant and the
City are as follows:
Declarant: Montgomery Realty, LLC
c/o Leavitt Capital Companies
202 Lake Washington Blvd.
Seattle, WA 98122
Attention: Thomas E. Leavitt
City: City of Spokane Valley
11707 East Sprague Avenue
Suite #106
Spokane, Valley, WA 99206
6. This Declaration 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
Declaration.
7. Declarant 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 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 the negligence or intentional misconduct of Declarant, its agents, employees, or contractors in connection with
this Declaration.
8. 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.
Signature Page Follows
IN WITNESS WHEREOF, this Declaration has been executed as of the Effective Date.
MONTGOMERY REALTY, LLC, a Washington
limited liability company
By: Q—P
Alvin J. Wolff, Jr., Manager
Agreed to By:
City of Spokane Valley
By:
STATE OF WASHINGTON )
) ss
COUNTY OF SPOKANE )
On this day personally appeared before me Alvin J. Wolff, Jr., to me known to be the Manager of
MONTGOMERY REALTY, LLC„ a Washington limited liability company that executed the foregoing instrument,
and acknowledged the said instrument to be the free and voluntary act and deed of said company, for the uses and
purposes therein mentioned, and on oath stated that he was authorized to execute said instrument on behalf of said
company.
GIVEN my hand and official seal this day of C , 2012.
\$Bf4/y ah� s2�i, lLX Cil /w J
QTgy, N Signa re
y' — • - A (typed /printed name of notary)
,p G% Notary Public in and for the State of II n 1')
Vol yi GBL \C' = = My commission expires d'(�—
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M,
STATE OF WASHINGTON )
) ss
COUNTY OF SPOKANE )
On this day personally appeared before me f kj i lCf S- ac t(96yto me known to be the City Manager 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 municipal corporation, for the
uses and purposes therein mentioned, and on oath stated that he 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 16 day of � ) �7VI�k , 2012.
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Signature
(typed /printed name of notary)
Notary Public in and for the State of
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EXHIBIT A
Legal Description of Real Property
Lots 1, 2, 3, 4, and 5 of Binding Site Plan, Central Business Park BSP 05 -08, according to plat recorded in Volume
_ of Binding Site Plans, pages , records of Spokane County, Washington.
Situated in the County of Spokane, State of Washington
EXHIBIT B
Legal Description of No -Build Easement Area
Legal Description:
That portion of Lots 4 and 5, Binding Site Plan, Central Business Park BSP 05 -08, according to plat recorded in
Volume _ of Binding Site Plans, pages , records of Spokane County, Washington, being more
particularly described as follows:
Commencing at the Southeast Corner of Lot 4 of said BSP, said point also being the POINT OF BEGINNING;
thence N82'27'1 8"W, along the southerly line of said Lot 4, a distance of 19.74 feet; thence N07 °34' 10 "E, a
distance of 333.30 feet; thence S82 °25'50 "E, a distance of 15.40 feet to the intersection with the easterly line of said
Lot 5; thence S01'49'1 9"W, along the easterly line of said Lot 5, a distance of 42.46 feet to the intersection with the
Northeast Corner of said Lot 4; thence S07 °33'06 "W, along the easterly line of said Lot 4, a distance of 291.05 feet
to the POINT OF BEGINNING;
TOGETHER WITH any setback required in IBC Table 602, as the same may be amended from time to time.
Situated in the County of Spokane, State of Washington