6312223 Easement, Border: Sidewalk Infill f
06/17/2014 10:22:14 AM 6312223
Easemen(9 FeeCOVEANMENThnCITY OF7SPOKANE VALLEY
Spokane County Washington
AFTER RECORDING RETURN TO:
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City of Spokane Valley
City Clerk
11707 E.Sprague Ave.,Suite 106
Spokane Valley,WA 99206
Document Title: Border Easement
Grantor(s): UNITED STATES POSTAL SERVICE
Grantee: Government, City of Spokane Valley
Abbreviated Legal Description: OPP FOX ADD L1TO10 B2 INC VAC ALLEY WITHIN
Assessor's Tax Parcel No(s): 45211.0409
CITY OF SPOKANE VALLEY
Public Works
Spokane Valley,WA
BORDER EASEMENT
IN THE MATTER OF Sidewalk Infill Project Project File No. 0149
KNOW ALL MEN BY THESE PRESENTS,that the UNITED STATES POSTAL SERVICE,an
independent establishment of the executive branch of the United States Government(39 U.S.C. §201)
having an office at 475 L'Enfant Plaza SW,Room 6670 in Washington,DC 20260-1862 (hereinafter
referred to as the"GRANTOR") for and in consideration of mutual benefits,the receipt of which is
hereby acknowledged, conveys to the City of Spokane Valley,a municipal corporation of the State of
Washington(herein referred to as the "GRANTEE"), a BORDER EASEMENT for road and power and
telephone utility purposes, including and limited to curbs, sidewalks,bus shelter pads,bus shelters,
grading, surface drainage, signage,usage by power and telephone utility companies. The BORDER
EASEMENT may not be used for oil or gas pipelines.
WHEREAS,the Grantor is the owner of certain land known as the Spokane Valley Station whose address
is 11712 East Sprague Avenue, Spokane Valley, WA 99206, as more legally described on Exhibit A
attached hereto and made a part hereof(the"PROPERTY").
WHEREAS,the Grantee,its authorized agents,and the public desire a Border Easement from the Grantor
over the following described real property(herein referred to as the"BORDER EASEMENT AREA"),
situated on the Property in the City of Spokane Valley, Spokane County, State of Washington,as follows:
A BORDER EASEMENT OVER AND ACROSS THE NORTH 11.00 FEET OF THE WEST 12.00
FEET OF THE EAST 24.00 FEET OF LOT 1, BLOCK 2 OF FOX ADDITION TO OPPORTUNITY,
ACCORDING TO PLAT RECORDED IN VOLUME "X" OF PLATS,PAGE 22 IN SPOKANE
COUNTY,WASHINGTON.
R.E.Excise Tax Exempt
Date 09 20 Ili
Spokane County Treas.
By SU
• J
BEGIN AT THE INTERSECTION OF SPRAGUE AVENUE AND BOWDISH ROAD,
WHICH IS THE NORTH QUARTER CORNER OF SECTION 21, TOWNSHIP 25
NORTH,RANGE 44 EAST,W.M.; THENCE N87°14'51"E,ALONG THE NORTH
LINE OF SAID SECTION 21,A DISTANCE OF 971.45 FEET TO THE POINT
OF INTERSECTION WITH THE WESTERLY RIGHT OF WAY LINE OF FOX
STREET PROJECTED TO THE SECTION LINE; THENCE S02°45'18"E,ALONG
SAID PROJECTION,A DISTANCE OF 30 FEET TO THE NORTHEAST CORNER
OF LOT 1,BLOCK 2 OF SAID FOX SUBDIVISION; THENCE S87°14'51"W,
ALONG THE NORTH LINE OF SAID LOT 1,A DISTANCE OF 12.00 FEET TO
THE TRUE POINT OF BEGINNING OF SAID BOARDER EASEMENT; THENCE
CONTINUING S87°14'51"W,ALONG SAID NORTH LINE,A DISTANCE OF
12.00 FEET;THENCE S02°45'18"E,PARALLEL WITH THE WEST RIGHT OF
WAY LINE OF FOX STREET, A DISTANCE OF 11.00 FEET;THENCE
N87°14'51"E,PARALLEL WITH THE NORTH LINE OF SAID LOT 1,A
DISTANCE OF 12 FEET;THENCE NO2°45'18"W,PARALLEL WITH SAID WEST
RIGHT OF WAY LINE OF FOX STREET,A DISTANCE OF 11.00 FEET TO
THE TRUE POINT OF BEGINNING.
SITUATE IN THE CITY OF SPOKANE VALLEY, COUNTY OF SPOKANE, STATE OF
WASHINGTON. Additional Legal Description and Drawing is provided as Attached Exhibit B.
The Border Easement as shown hereon is hereby granted to the City of Spokane Valley and its authorized
agents, and to the public for road and power and telephone utility purposes, including and limited to
curbs, sidewalks,bus shelter pads,bus shelters,grading, surface drainage, signage,usage by power and
telephone utility companies. Utility easements may not cross the Border Easement and must be entirely
located within the Border Easement.
Grantor will not construct a fence or portion thereof within said Border Easement without permission of
the Grantee,nor will any objects be placed in said Border Easement that would obstruct the sight distance
necessary for safe and efficient vehicular movement.
THIS BORDER EASEMENT is executed and delivered and said Border Easement is granted upon the
following conditions to wit:
1. Grantee is to have and to hold the above described land for the uses and purposes
hereinabove set forth forever.
2. The Grantee or its successors in interest agrees to and shall maintain in good repair all
drainage inlets,grates,pipes, catch basins,drywells and other drainage structures and
appurtenances used for the disposal of public road drainage,bus shelters, sidewalks,
driveways and landscaping to be installed within the Border Easement. Grantee further
agrees that such drainage inlets, grates,pipes, catch basins, drywells and other drainage
structures and appurtenances used for the disposal of public road drainage,bus shelters,
sidewalks,driveways and landscaping to be installed within the Border Easement shall not
drain onto the Property. In the event the Grantee fails in its responsibilities set forth
above, upon reasonable notice and opportunity to cure, Grantor shall have the right to
perform such maintenance or repair, and shall further have the right to recover its
costs from the Grantee.
3. The rights granted herein shall not be construed to interfere with or restrict the Grantor its
heirs, executors, administrators, successors and assigns from the use of the premises with
respect to the construction and maintenance of property improvements adjacent to the Border
Easement Area so long as the same so constructed as not to impair the strength or interfere
with the use and maintenance of the drainage inlets,grates,pipes, catch basins, drywells and
other drainage structures and appurtenances used for the disposal of public road drainage,bus
shelters, sidewalks,and driveways.
4. Grantee, its successors and assigns shall be responsible for maintenance and repair of the
Border Easement Area,which includes but is not limited to Grantee's equipment and
facilities,and any and all costs related thereto. Such maintenance and repairs shall include
but are not limited to repair, snow removal, landscaping, grading, paving and removal of all
trash and debris caused by Grantee's exercise of its rights under this Border Easement. In
the event the Grantee fails in its responsibility to maintain and repair the Easement
Area as set forth above, upon reasonable notice and opportunity to cure, Grantor shall
have the right to perform such maintenance or repair, and shall further have the right
to recover its costs from the Grantee.
5. The Grantee,by acceptance of this Border Easement,agrees for and on behalf of itself, its
agents, servants, employees, invitees, and contractors who may at any time use, occupy,visit,
or maintain said Border Easement herein created that the Grantor, its successors and assigns,
shall not be responsible for damage or loss to property, injuries,or death which may arise
from or be incident to the use and occupation of the Border Easement as granted herein to
Grantee, its agents, servants,employees, invitees,and contractors.
6. The Grantee,by acceptance of this Border Easement, agrees to defend, indemnify and hold
the Grantor, its successors,and assigns harmless against any and all claims,demands,
damages, costs, expenses, and legal fees for any loss, injury, death,or damage to persons or
property which at anytime is suffered or sustained by Grantor, its employees,the public,or
by any person whosoever may at any time be using, occupying,visiting, or maintaining the
property that is the subject of said Border Easement, or be on or about the property that is the
subject of said Border Easement,when such loss, injury, death,or damage is asserted to have
been caused by any negligent act or omission or intentional misconduct of the Grantee or its
agents, servants, employees, invitees,or contractors. In case of any action or proceeding
brought against the Grantor,by reason of such a claim,upon notice from the Grantor, Grantee
covenants to defend such action or proceeding. The Grantor shall not be liable and the
Grantee waives and releases the Grantor from all claims for damage to persons or property
sustained by the Grantee or its employees, agents, servants, invitees,contractors,or
customers resulting by reason of the use of the Border Easement, except to the extent
proportionately caused by Grantor's negligent act or omission, as may be determined by an
appropriate court of law.
7. The Grantee,on behalf of itself, its agents, servants, employees, invitees, and contractors who
may at any time use,occupy,visit, or maintain said Border Easement herein created, agrees
to:
a. comply with applicable Occupational Safety and Health Standards,title 29 Code of
Federal Regulations(CFR)(including but not limited to Parts 1910 and 1926),
promulgated pursuant to the authority of the Occupational Safety and Health Act of
1970(OSHA);
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b. comply with any other applicable federal, state, or local regulation governing
workplace safety to the extent they are not in conflict with a; and,
c. take all other proper precautions to protect the health and safety of
i. any laborer or mechanic employed by the Grantee in performance of this
agreement;
ii. Postal Service employees; and,
iii. the public.
8. Grantee agrees throughout the duration of this Border Easement to provide the Grantor, its
employees, customers, and the public with continual use of and uninterrupted access to the
Grantor's Property. In the event Grantee fails to provide continual and uninterrupted access
to the Grantor's Property,the Grantor has the option of terminating this Border Easement by
providing written notice to the Grantee that the Border Easement is terminated at no cost to
the Grantor. Upon receipt of said notice, Grantee has one (1)business day to remedy the
situation. In the event Grantee fails to provide access to the Grantor's Property within one(1)
day, said notice of termination shall become final and the Border Easement is terminated.
9. Upon termination of the Border Easement,Grantee shall restore any affected portion of the
property to the condition it existed prior to Grantee's access within a reasonable amount of
time.
10. Any claim, controversy or dispute arising out of this Border Easement shall be governed by
applicable federal law.
11. The Grantor does not warranty that the Border Easement Area is suitable for the purpose of
installation of said utility and Grantee hereby waives any express or implied warranty on the
part of Grantor. Grantor has no knowledge of subsurface conditions and makes no
representations as to soil types,existence of underground utilities,or any other latent
conditions that may impact Grantee's use and enjoyment of said Border Easement.
12. This Border Easement is granted subject to any and all restrictions, covenants,other
easements,encumbrances, liens of any kind, leases,and interests of others, including rights of
way for roads,pipelines,railroads, and public utilities,whether or not matters of public
record.
The Border Easement and the agreements and duties provided for herein shall run with the land and shall
be binding on, and shall inure to the benefit of the parties referenced herein,their heirs, successors and
assigns. It shall be filed of record with the County Assessor's Office, Spokane County,Washington.
IN WITNESS REOF,the undersigned has caused this instrument to be executed on this I
day of zene ,2014.
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Grantor:UNITED STATES POSTAL SERVICE
By:
Its: C-Co-.\ a-c-S\v" C-t•C Q 0. l
DISTRICT OF COLUMBIA
On this 1/ day of n , 2014,personally appeared before me
,Contracting Officer who being by me duly sworn,did say that he/she
represents the United States Postal Service,and acknowledged to me that,acting under a delegation of
authority duly given and evidenced by law and presently in effect,he/she executed said instrument as the
act and deed of the United States Postal Service for the purposes therein mentioned.
SEAL NOTARY U&IC
,Y,:••... oz, My commission expires• ?• 4 1 d
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ANASTASIA BARTHOLOMEW
d' NOTARY PUBLIC DISTRICT OF COLUMBIA
z•d-\ : v t t - My Commission Expires February 28.2018
r'tier OF Gtr
Grantee: City of Spokane Valley
By: kle (MC /F4A7-/-1
Its: Pd8L1c ant1(5 7/RECDa2
STATE OF )
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COUNTY OF )
On this Z Z /day of PI a ,2014,personally appeared before me
Ert c. I G � ,who being by me duly sworn, did say that he/she represents the City of
Spokane Valley, and acknowledged to me that, acting under a delegation of authority duly given and
evidenced by law and presently in effect,he/she executed said instrument as the act and deed of the City
of Spokane Valley for the purposes therein mentioned.
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SPRAGUE 12_ 12
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PARCEL: 45211.0409
USA
BORDER EASEMENT
AREA=132 SF 0
TOTAL AREA=81,667 SF U..
1ST
Spokane
RIGHT OF WAY
11712 E SPRAGUE AVENUE
45211.0409
60 30 0 60 120 DRAWN BY: DATE:
RPB 5/21/2014
SCALE FEET CHECKED BY: DATE:
EKA 5/21/2014