14-161.00 WSDOT Turnback Agreement: Broadway to Pines Washington State
Department of Transportation
City or County and Address
Tu rn back Agreement City of Spokane Valley
11707 East Sprague Ave.
(Construction Completed) Spokane Valley, WA 99206
Agreement Number Section/Location
TB6-0101 SR 90,Broadway to Pines Road
State Route Control Section Region
90 3201 Eastern Region
THIS AGREEMENT is between the WASHINGTON STATE,Department of Transportation,hereinafter the"STATE,"and
City of Spokane Valley ,hereinafter the"LOCAL AGENCY.
WHEREAS,the STATE has completed construction and/or improvement of a section of the state route as identified above,
hereinafter referred to as the"Project,"and
WHEREAS,the STATE acquired 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 right-of-way and Roadway Facilities,as shown on Exhibit A,attached hereto and made a part hereof,
requires maintenance,operation,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
® (City or Town) RCW 36.75.090 and/or RCW 47.52.210,
❑ (County) RCW 36.75.090 and WAC 468-18-040,"Design standards for rearranged county roads, frontage
roads,access-:,.ads, intersections,ramps and crossings,"
❑ (County) RCW 36.75.090 and WAC 468-30-070 "Procedure for transfer of abandoned state highway to counties"
® (City) RCW 36.75.090 and RCW 47.24.010 and WAC 468-30-075 -"Procedure for transfer of abandoned
state highways to cities and towns"
IT IS MUTUALLY AGREED AS FOLLOWS:
1. ACCEPTANCE,AND TRANSFER OF OPERATION AND MAINTENANCE
1.1 The LOCAL AGENCY,by signing this Agreement, immediately accepts responsibility for the right of way and
Roadway Facilities as identified in Exhibit A and relieves the STATE from all responsibilities for the operation,
maintenance,and reconstruction of the right of way and its Roadway Facilities until such time as the full ownership of the
right of way and Roadway Facilities are conveyed by deed pursuant to Section 2.
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 folhuws:
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
DOT Form 224-241 EF Page 1 of 2 Agreement TB6-0101
Revised 03/2014
2. RECORDED CONVEYANCE
2.1 Within one year following the execution of this Agreement,the STATE will furnish the LOCAL AGENCY with 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 AGENCa',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 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 ❑ 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 sho d.ri'the access prohibition symbol and as shaded 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.
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 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.
IN WITNESS WHEREOF,th-04rties hereto have executed this Agreement on the date last written below.
LOCAL AGENCY STATE OF WASHINGTON
DEPARTMENT OF TRANSPORTATION
By 7�����'�-fi A / 1 '•
By
Print Name Mie ✓QG Oil Print Name Keith A.Metcalf,P.E.
Title C, Title Regional Administrator
Date 91/44//7 Date 4/7/
DOT Form 224-241 EF Page 2 of 2 Agreement TB6-0039
Revised 03/2014
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