14-055.00 WSDOT: I-90 Evergreen Interchange ;
a
WWashington State
Department of Transportation
TURNBACK AGREEMENT Organization and Address:
City of Spokane Valley
Eric Guth,Public Works Director
11707 East Sprague Avenue
Spokane Valley, WA 99206
Agreement Number: Section/Location:
TB 6-0116 I-90/Evergreen Road Interchange
State Route Control Section Region
MP 291.04
90 3201 Eastern
This Agreement is between the STATE OF WASHINGTON, Department of Transportation, hereinafter
the "STATE," and City of Spokane Valley, hereinafter the "LOCAL AGENCY," collectively hereinafter
the"Parties."
WHEREAS, the STATE has completed the improvement of a section of I-90, "I-90/Evergreen Road
Interchange,"hereinafter referred to as the "Project," and
WHEREAS, the STATE acquired the right-of-way needed to construct, reconstruct, or rearrange the
state route and/or certain streets or roads, frontage roads, access roads, intersections, ramps, crossings,
and/or other roadway features, hereinafter referred to as "Roadway Facilities," and
WHEREAS, the Project is complete, and certain right-of-way and Roadway Facilities, as shown on
Exhibit A, attached hereto and made a part hereof, will require operation,maintenance, and ownership
transfer from the STATE to the LOCAL AGENCY, and
WHEREAS, the STATE and LOCAL AGENCY enter into this Agreement to identify the process of
Roadway Facilities and right-of-way maintenance, operation, and ownership transfer,
NOW, THEREFORE, pursuant to RCW 36.75.090 and RCW 47.52.210,
IT IS MUTUALLY AGREED AS FOLLOWS:
1. COMPLETION,ACCEPTANCE,AND TRANSFER OF
OPERATION AND MAINTENANCE
1.1 The Project is complete and has been reviewed and accepted by the Parties; therefore, the
STATE hereby transfers to the LOCAL AGENCY and the LOCAL AGENCY hereby accepts the
responsibility for the operation and maintenance of the Roadway Facilities and right -of-way as of the
execution of this Agreement until such time as the full ownership of the right of way and Roadway
Facilities are conveyed by deed pursuant to Section 2.
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1.2 The LOCAL AGENCY agrees to accept ownership of the right-of-way and Roadway Facilities
as shaded, where applicable, on Exhibit A, as follows:'
Red Indicates access control and access rights to be retained by the STATE
Blue(light) Indicates Roadway Facilities and right-of-way to be conveyed in fee to the
LOCAL AGENCY
Yellow Indicates easements to be conveyed to the LOCAL AGENCY
2. RECORDED CONVEYANCE
2.1 Within one year following the date of execution of this Agreement, the STATE will furnish the
LOCAL AGENCY a recordable conveyance of right of way, including the Roadway Facilities
constructed thereon, as shown on the plans marked Exhibit A. The conveyance will be recorded
pursuant to RCW 65.08.095. The PARTIES agree that sections 2.2, 2.3, 2.4 (if checked), and 2.5 herein
shall be included in the conveyance document.
2.2 The LOCAL AGENCY understands and agrees that the above-referenced property is transferred
for road and street purposes only. The LOCAL AGECY shall not vacate, sell, rent or use the property
(or any portion thereof) for nontransportation uses without first obtaining the STATE's prior written
approval. The LOCAL AGENCY agrees on behalf of itself and its successors or assigns, not to revise
either the right of way lines or the access control without first obtaining the STATE's prior written
approval. Should the STATE authorize the vacation, sale, rental or use of the property(or any portion
thereof)for nontransportation uses, the LOCAL AGENCY agrees at its sole cost to determine by
appraisal the fair market value/economic rent of the property (or any portion thereof), and the LOCAL
AGENCY and state of Washington agree to proportionally share in the value of the property in the same
proportion as the purchase costs were shared.
2.3 The LOCAL AGENCY agrees to comply with, and require its successors or assigns to comply
with, all civil rights and anti-discrimination requirements of chapter 49.60 RCW, as to the right of way
and Roadway Facilities to be conveyed.
2.4 n Limited Access Highway - The LOCAL AGENCY understands and agrees that the STATE is
retaining ownership of all rights of ingress and egress,to, from and between the above referenced state
highway route and/or Roadway Facilities and the properties abutting said state highway route and/or
Roadway Facilities, including all rights of access, light, view and air, and access control as shown by the
access prohibition symbol and as shaded in pursuant to Section 1.2, above, along the above referenced
state route and/or Roadway Facilities right of way and along abutting properties on the right of way
access plans marked as Exhibit A. The LOCAL AGENCY, its successors or assigns, shall have no right
of ingress or egress between the above referenced state route and abutting properties, or the state route
and the lands herein conveyed that show the access prohibition symbol and as shaded pursuant to
Section 1.2, above. The LOCAL AGENCY, its successors or assigns, shall not be entitled to
compensation for any loss of access, light, view, or air occasioned by the location, construction,
reconstruction, maintenance, or operation of the above referenced state route and/or Roadway Facilities.
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2.5 The LOCAL AGENCY, on behalf of itself and its successors or assigns, waives and/or releases
the STATE from any past,present, or future claims for damages directly or indirectly caused by
highway drainage or runoff, and further the LOCAL AGENCY, its heirs, successors or assigns, shall
have no right of compensation for damages to the property herein conveyed caused directly or indirectly
by highway drainage or runoff.
3.0 RIGHT OF ENTRY
3.1 Where applicable, the LOCAL AGENCY hereby grants to the STATE and its authorized agents,
contractors, subcontractors, and employees, a right of entry upon all land in which the LOCAL
AGENCY has an interest for the STATE to construct, operate, maintain and/or reconstruct signal loop
detectors and appurtenances for signals belonging to the STATE, if any, that are constructed within the
LOCAL AGENCY's right of way. The terms of this Section 3.0 shall survive the termination of this
Agreement
IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement on the date last written
below.
LOCAL AGENCY STATE OF WASHINGTON
® DEPARTMENT OF TRANSPORTATION
r
By: !/r 19140-rj By:
Print name: ckcSa, Print name: Keith A. Metcalf,P.E. /
Title: r/f ri JJt is a /�7_ Title: / i -/ 1614'VM
Date: y° �l ng Date: ida09
APPROVED AS TO FORM APPROVED AS TO FORM
FOR CITY OF SPOKANE VALLEY
Date: • al "( Date: 0 '20 — / (.4
By: /CI* By: 102--"--t---`1
Ann E. Salay
Assistant Attorney General
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