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4917020 Public Street & Utility Easement-Fourier II 4917020 .r • 1111 1111 I ei of 4 III III II II 11 II Pa 0612:aJ20Q3 05:02P RETURN ADDRESS: rnkICCA .Ew MTV Ar twin eeo :il M Cnnb,nn r, re City of Spokane Valley 11707 E. Sprague Ave, Suite 106 Spokane Valley, WA 99206 Attn: Chris Bainbridge, City Clerk Please Type or Print Neatly&Clearly All Information Document Title(s) Public Street and Utility Easement Reference Number(s) of Related Documents Grantor(s) (Last Name, First& Middle Initial) Theodore R. Fournier, Jr. and Lorraine J. Fournier Grantee(s) (Last Name, First& Middle Initial) City of Spokane Valley Legal Description(Abbreviated form is acceptable)i.e.Section/Township/Range/1/4 Section Parcel A and Parcel B as shown on Exhibit A of Fournier Public Easement 1(0 .Z _ q NEIN 451(p1 _ oma CO3-54 •• ' •, � •-..�' 4917020 ml.ratt Ll}T !! i!!JIUIII����� I IIII I rAc nn Cnnb:nc Nn WA PUBLiC STREET AND UTILITY EASEMENT - City of Spokane Valley, As Grantee - This easement; is made and executed this 5th day of June, 2003, by Theodore R. Fourier,Jr. and Lorraine J. Fournier, as "Grantor", and the CITY OF SPOKANE VALLEY, a municipal corporation of the State of Washington, as "City" or "Grantee"; hereinafter jointly referred to as "Parties". WHEREAS,Grantor is the owner of that property described in Exhibit "A"attached hereto; and WHEREAS, the Grantor desires to Brant and convey an easement to the City for street and other related utility purposes. NOW, THEREFORE, in recognition the mutual benefits derived by the Parties and the mutual covenants and purposes herein stated,as well as other and good consideration the receipt of which is acknowledged, the Grantor hereby grants and conveys to the City of Spokane Valley, its successors and assigns,for City street, public and private utility purposes,including but not limited to the development of street, curb and sidewalk plus sewer, water and other utility or franchised services, a perpetual easement in, over, under, through, and across the entire area of the property described in Exhibit "A", attached hereto (hereinafter "Easement"). THE PARTIES HERETO COVENANT AND AGREE AS FOLLOWS: 1. No structures or other obstructions shall be erected or placed within the Easement without the prior written approval of the City Engineer. 2. The improvements constructed within the Easement shall in every respect be public property(or permitted by Franchise)and shall be available to serve any property abutting,adjacent or near the Easement upon such conditions as the City may establish including paying all fees or charges. 3. The City (or Franchisee) shall have the right at all times to enter the Easement for the purpose of installation, maintenance, repair, removal and replacement of the improvements or property as deemed necessary. All work performed in the Easement shall be done with due care and caution returning the Easement area to the condition in which it was found,reasonable wear and tear excepted. 4. This grant of easement shall apply to all interests now owned or hereinafter acquired by Grantor in Exhibit "A" attached hereto. . 5. This easement and the covenants herein shall be binding upon the Grantor, and the Grantor's successors and assigns, and shall run with the land benefited by the construction of the public improvements or other facilities and be perpetual in duration. C:lcpd work filestiproperty transfer to Ciry\foumierwuhlic Utilities Easement-Fournier-stan revisions.doc 1 R.E EX;zse Tax Exempt [ate (1,4V(, 20 0 Spdscop y' - • r 4917020 111111111111111111 ILII 06126/2003 of05:02P =AWE riri AP 0).An Snnkanp Ce. WA 6. Grantor will not grant or convey any interest that conflicts with the interest of the City,or allow others to obstruct, impair or interfere with the Easement. The City may through contract, license, permit or franchise allow use of the Easement for public service purposes. 7. The street and/or utility service lines placed within the Easement shall remain City (or Franchisee)property with the City retaining authority over the line(s),meter(s),valve(s)and related appurtenances. 8. Nothing in this instrument or any action or inaction by the City shall create any obligation on the part of the City to pay for any improvements, to provide public utility services or to pay for any service connections, or installations near or adjacent to the Easement. 9. If Grantor is a corporation, each individual executing this easement on behalf of said corporation represents and warrants that he/she is duly authorized to execute and deliver this Easement on behalf of said corporation in accordance with a duly adopted resolution of the board of directors of said corporation or in accordance with the bylaws of said corporation, and that this Easement is binding upon said corporation in accordance with its terms. Dated this C 14- day of June, 2003. GRANTOR(S) By: sit ��L/..L ' _ 1% ,By: Theodore R. Fournier, Jr. Lorraine J. Fournier STATE OF WASHINGTON ) ) ss. County of Spokane ) On this (5144 day of June,2003,before me,the undersigned,a Notary Public in and for the State of Washington,personally appeared Theodore R.Fournier,Jr.and Lorraine J.Fournier,husband and wife, to me known to be the individuals who executed the within and foregoing instrument, and acknowledged the said instrument to be their free and voluntary act and deed for the uses and purposes therein mentioned. [N WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. d f \� Notary Public in and for the State co Q• loNetc,p�ltl of Washington, residing at Spokane • ►, My commission expires /0/�7 03 tiOTARY / — * - 5j Ql PUBLiC q C:krd ?� $ �i ipcm n a IDornierlf'utlie Utilities Easement-foumier-stan revisions.duc 'el A., at-Ros c. 2 11%\ WAS \ • MMS 4917020 *. r ILI! iii iii 1�I111faoe: i 4 of 4 .•' tflJPAtsgr. CITY AF SPfiKA FAS 5»1.8(1 Snckane,Co. wa5.Q2P "EXHIBIT A" TO FOURNIER PUBLIC EASEMENT PARCEL A: A strip of land 25 feet in width, lying on the North side of and parallel with the center line of said Sinto Road, as extended Easterly, over and across the South 25 feet of Lot 12, Block 4, MISSION-PINES SUBDIVISION, as per plat thereof recorded in Volume 2 of Plats, page 70, in Spokane County, Washington. Spokane County Assessor's Property Tax Parcel number 45161.0152 PARCEL B: A strip of land 25 feet in width, lying on the South side of and parallel with the center line of said Sinto Road, as extended Easterly, over and across the North 25 feet of the two hereinafter described tracts of real estate: 1. The North half of the East half of Tract 34 of OPPORTUNITY, as per plat there of recorded in Volume ``K" of Plats, page 20; EXCEPT the West 155 feet thereof; AND EXCEPT the East 94.2 feet thereof; 2. ALSO, the North 200 feet of the East 77.5 feet of the West 155 feet of the East half of said Tract 34; Spokane County Assessor's Property Tax Parcel numbers 45161.0613 and 45161.0619. ALL said property situate in Section 16, 125 North, Range 44, E.W.M., Spokane County, Washington.