6521100 Easement, Temporary Construction: Broadway Street Preservation • 07/05/2016 10:42:29 AM 6512127
Recording Fee $76.00 Page 1 of 4
Easement GOVERNMENT, CITY OF SPOKANE VALLEY
Spokane County Washington
08/03/2016 10:43:54 AM 6521100
Recording Fee $76.00 Page 1 of 4
Easement GOVERNMENT, CITY OF SPOKANE VALLEY
Spokane County Washington
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Return To:
Spokane Valley Public Works Dept.
11707 E.Sprague Ave.,Ste. 106
Spokane Valley,WA 99206
Document Title: Temporary Construction Easement
Capital Improvement Project No.: 0233
• Grantor(s): Wal-Mart Stores,Inc. •
Grantee(s): City of Spokane Valley
Location: SW1/4,Section 13, R44 E,T25N,WM Meridian -See Exhibit A
Assessor's Tax Parcel Number: 45132.9090
TEMPORARY CONSTRUCTION EASEMENT
IN THE MATTER OF
BROADWAY STREET PRESERVATION PROJECT
The Grantor(s), Wal-Mart Stores, Inc., a Washington business, for and in consideration of
allowing the City access to Grantor's property to construct the public portion of this project, the
City will reconstruct the portion of the ramp lying outside of the existing right-of-way on Grantor's
adjacent property, convey(s) and grant(s) unto the CITY OF SPOKANE VALLEY (City), a
municipal corporation of the State of Washington, the right, privilege, and temporary easement
over, upon, and across the hereinafter described lands situated in the City of Spokane Valley,
County of Spokane, State of Washington for the purpose of reconstruction of existing sidewalk
and pedestrian ramps on either side of a driveway approach on the north side of Broadway Avenue
within the limits shown on the attached Exhibit A. The temporary rights herein granted shall
terminate on December 31,2016.
It is understood and agreed that delivery of this temporary easement and Addendum to Temporary
Construction Easement is hereby tendered and that the terms and obligations hereof shall not
become binding upon the City unless and until accepted and approved hereon in writing for the
City,by its authorized agent.
The City shall defend, indemnify, and hold the Grantor harmless from any and all claims, injuries,
damages, losses, or suits including attorney fees, arising out of the negligent conduct of City in
performance of the activities or operations performed by the City or arising out of issuance of this
easement,except for injuries and damages caused by the negligence of the Grantor.
Page 1 of 2
R.E.Excise Tax Exempt R.E.Excise Tax Exempt
Date 3 20 K Date r
1,
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Spokane County Treas. Spokane CountyTreas.
By ail By t/L
f � e
IN WITNESS WHEREOF, the undersigned have caused this instrument to be executed on
this 5 day of :D�in� , 2016.
Grantor(s): Wal-Mart Stores, Inc. Grantee: City of Spokane Valley
By: .:y:,./ / By:
Derry 1pi
Title: Senior Realty Manager, II Title: Public Works Director
1�Gtc�s a 5
STATE OF )
en�� ) ss
County of Spokane__ )
On this day ofU.1fN.9L , 2016, before me
personally appeared alisy i . �.�` 'known to me to be the ,,lri+kri i-Q0.E}y RoActrir=
of Wal-Mart Stores, Inc., a Washington business, that executed the foregoing instrument, and
acknowledged said instrument to be the free and voluntary act and deed of said limited liability
company, for the uses and purposes therein mentioned, and on oath stated that On"( j R *Ar
authorized to execute said instrument.
Notary Public in and for the State of
Was i on residing at CO-W147
My commission expires: I I / ?-b I Cv
Tessa Garrison
NOTARY PUBLIC
Benton County,Arkansas
Myy Commission Expires t 11112019
COtnmission Number 123 .580®
Page 2 of 2
#2539 Spokane Valley,WA
Addendum to Temporary Construction Easement
Notwithstanding anything to the contrary in the attached document:
Grantee agrees to use due care in any use of the easement herein granted and in the construction,
installation, repair,replacement and maintenance either Grantee's improvements or the easement area as
provided for herein so as not to unreasonably disturb Grantor's use of its property. Grantee agrees to
return the easement area to its condition which existed prior to the installation of any of its improvements
in the easement area, including but not limited to the replacement of any sod, landscaping, paving or
other improvements that existed within the easement area prior to such installation or repair.
Grantee will forever waive and hold Grantor harmless for, and defend Grantor against, any claims,
losses, causes of action, and suits which arise from Grantee's, its agents', employees'or invitees'acts or
omissions,including but not limited to the use of the easement herein granted and will indemnify Grantor
for any losses suffered due to any such claims,losses,causes of action or suits.
Grantor shall have the right at its expense to relocate said easement upon Grantor's property. In
exercising any rights and privileges under this easement, Grantee agrees to comply with all applicable
laws. In the event any provision of this Addendum is contrary to the Easement, the terms of this
Addendum shall control.
Grantee further agrees that Grantee will at all times during the duration of this easement maintain
and pay for commercial general liability insurance and property damage insurance against claims
for personal injury, death or property damage occurring upon, in or about its property, such
insurance to afford protection to the limit of not less than$5,000,000.00 for injury or death of a
single person, and to the limit of not less than$5,000,000.00 for any one occurrence, and to the
limit of not less than $5,000,000.00 for property damage affording protection to Wal-Mart and
Grantee, and naming Wal-Mart as an additional insured on the policy or policies. Grantee further
agrees, upon request to deliver to Wal-Mart a certificate(s) from an insurance company or
companies satisfactory to Wal-Mart evidencing the existence of such insurance with Wal-Mart
named as an additional insured on such certificate(s).
•
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SW1/4,Section 13, R44 E,T25N,WM Meridian
EXHIBIT A • . •
TEMPORARY CONSTRUCTION EASEMENT
PROJECT NO. SCALE: DATE: TYPE OF IMPROVEMENT
City of Spokane Valley 0233 1” = 20' SIDEWALK
Department of Public Works DESIGNED BY: CHECKED BY: DRAWING NO.
11707 East Sprague Avenue, Suite 106 C. ALDWORTH
SPOKANE VALLEY, WA. 99206 1 OF 1
(509) 921-1000 DRAWN BY: REVIEWED BY:
JGC C. ALDWORTH