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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. Page 1 of 3 0/01`'4- 059 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. Page2of3 • 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 Page 3 of 3