6444651 Special Use Permit - ROW 10/16/2015
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MiscellaneGOVERNMENT, CITY OF SPOKANE VALLEY6444651
Spokane County Washington
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AFTER RECORDING RETURN TO:
City of Spokane Valley
Attn: City Clerk
11707 East Sprague Ave.,Suite 106
Spokane Valley,WA 99206
Document Title: Special Use Permit for Right-of-Way
Legal Description: A portion of Tract 361 of Opportunity Plat No. 2 as per plat recorded
in Volume "Q" of Plats, page 41, Spokane County, Washington.
Additional Legal Description is attached on Exhibit of Document.
Assessor's Tax Parcel Number: 45083.0262
SPECIAL USE PERMIT FOR RIGHT-OF-WAY
THIS SPECIAL USE PERMIT FOR RIGHT-OF-WAY ("this Permit") is issued by City of
Spokane Valley ("City") to Travis W. Garske, dba 2302 N Argonne Building ("Permittee")for
the express purposes set forth herein.
Recitals
A. Permittee is the owner of certain real property located in Spokane Valley, Spokane
County, Washington, as legally described on Exhibit "A", attached hereto and
incorporated by this reference (the "Property") and improved with a drywell. A portion of
the drywell and associated stormwater piping is/are presently located in the right-of-way
(ROW) adjacent to the Property.
B. During construction of its Argonne Corridor Project (the "Project"), the City discovered
the drywell and piping, which neither the City nor the Permittee knew existed, and which
encroach into the ROW).
C. In order for the Permittee to continue to use the drywell in its present location, the City
must either (i) issue a special use permit authorizing the continued encroachments or (ii)
relocate the drywell to eliminate the encroachment.
D. Permittee desires to obtain the special use permit.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
Permit
1. Grant of Permit. The City grants to Permittee the right to retain the drywell and piping
their present locations and configurations, upon that portion of the ROW depicted on Exhibit"B",
attached hereto and incorporated by this reference (the"Permit Area"). The drywell and piping
R.E.Excise Tax Exempt
Date 9/16 20 03
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shall be permitted to encroach upon the ROW as a permitted nonconformance. Permittee's
permitted use of the Permit Area shall be restricted to the uses set forth herein and shall be
subject to all applicable federal, state and local laws and regulations relating to such use. This
Permit authorizes only the location and configuration of the present drywell and piping in the
Permit Area and such drywell shall not be expanded or altered unless Permittee first obtains all
necessary permits and approvals from any state, or local agency having jurisdiction over the
Permit Area.
2. Duration of Permit. The Permit shall commence as of the Effective Date, and shall
continue until such time that the respective encroachments, as applicable, are forfeited or
discontinued as a nonconformance. Notwithstanding the foregoing, this Permit may be
terminated earlier by the City upon the occurrence of any of the following:
2.1. Permittee's breach of any of the terms and conditions set forth in this Permit,
other than Permittee's failure to pay the Permit Fee required pursuant to Paragraph 5 below, if
Permittee fails to cure such breach within 30 days following delivery of the City's written notice
of such breach, or if such breach cannot be reasonably cured within said 30 day period,
Permittee fails to commence a cure within said 30 day period and to diligently pursue such cure
to completion.
If Permittee fails to cure any breach of this Permit within the time periods set forth in this Permit,
City may immediately terminate the Permit upon written notice to Permittee.
3. City's Use of Permit Area. The City reserves the right to use the Permit Area for any
purpose not inconsistent with the permit rights granted herein.
5. Permit Fee. There will be no permit fee for this Permit.
• 6. Maintenance of Permit Area. Permittee shall, at its sole, expense maintain all structures
or facilities located within the Permit Area.
7. Indemnification and Hold Harmless. Permittee agrees to indemnify and hold harmless
City and its officers, employees, agents, representatives, successors, assigns and consultants
from and against any losses, liabilities, claims, damages or causes of action (including costs
and attorneys' fees incidental to defense thereof by City), for deaths or injuries to, or loss of or
damage to property sustained by, any person or entity, arising out of, resulting from, or in
connection with the location and existence of the drywell and piping within the Permit Area,
and/or the installation, maintenance and repair thereof, except for losses, liabilities, claims,
demands, or causes of action caused solely by the gross negligence or willful misconduct of
City, or its officers, employees, agents, representatives, successors, assigns or consultants. In
the event any such loss, liability, claim, demand or cause of action is caused by the joint
negligence of Permittee and City, Permittee's indemnification of the City shall be enforceable to
the extent of the Permittee's negligence. If any action or proceeding is brought against City by
reason of such claim, Permittee, upon notice from City, shall defend the same at Permittee's
expense through legal counsel reasonably satisfactory to City. Permittee shall give City prompt
notice of any claims covered by this Paragraph 7.
8. Non-Assignability. Permittee shall not transfer, sell, assign or otherwise convey to any
third party the Permit or any rights hereunder without the express written consent of City, which
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shall not be unreasonably withheld; provided, that this Permit shall be deemed to "run with the
land"for the benefit of Permittee's successors in interest to the Sign.
9. Non-Waiver. The waiver by the City of a breach of any provision of the Permit by the
Permittee shall not operate or be construed as a waiver by City of its rights to strictly enforce the
terms and conditions of the Permit.
10. Severability: If any section, subsection, paragraph, sentence, clause or phrase of the
Permit is declared unconstitutional or invalid for any reason, such decision shall not affect the
validity of the remaining portions of the Permit.
11. Modification of Terms and Conditions: The terms and conditions of the Permit shall not
be altered, amended or modified except upon written agreement of both parties to such
alteration, amendment or modification.
12. Notice: Any notice or information required or permitted to be given to the parties under
the Permit shall be sent to the following address unless others are specified in writing:
PERMITTEE CITY OF SPOKANE VALLEY
P.O. Box 18040 11707 East Sprague Ave#106
Spokane, WA 99228 Spokane Valley, WA 99206
IN WIT WHEREOF, the_parties have executed the Permit as of this c3 d day of
, 20/
PERMITTEE: CITY OF SPOKANE VALLEY
2302 N ARGONNE BUILDING PUBLIC WORKS
P.O. Box 18040 11707 EAST SPRAGUE AVE#106
Spokane, WA 99228 SPO ' VALLEY, WA 99206
By: til
Travis W. Garske "04-
Printed Na e: t -7
Its: c- /
Date: 1` j l 1-S---
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Exhibit"A"
Parcel 45083.0262
The North 67 feet of the South 448 feet of the West 145 feet of Tract 361,
OPPORTUNITY PLAT TWO, according to plat recorded in Volume "Q" of Plats,
page 41, Spokane County, Washington;
EXCEPT those portions conveyed to Spokane County for Argonne Road CPH
No. 58 and CRP No. 696 by deeds under Auditor's file Nos. 23083C and
124727C; and those portions conveyed to the City of Spokane Valley for
Argonne Road Corridor Upgrades CIP #0060 by deed under Auditor's file No.
6098453.
Along with
The North 87 feet of the South 381 feet of the West half of tract 361 of
OPPORTUNITY PLAT TWO, according to plat recorded in Volume "Q" of Plats,
page 41, Spokane County, Washington;
EXCEPT those portions conveyed to Spokane County for Argonne Road CPH
No. 58 and CRP No. 696 by deeds under Auditor's file Nos. 23083C and
124727C; and those portions conveyed to the City of Spokane Valley for
Argonne Road Corridor Upgrades CIP #0060 by deed under Auditor's file No.
6098453.
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