4917020 Public Street & Utility Easement-Fourier II 4917020
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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
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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.
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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.
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\� Notary Public in and for the State
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Q• loNetc,p�ltl of Washington, residing at Spokane
• ►, My commission expires /0/�7 03
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"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.