Underground Utility ROW Easement Avista •
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Return Address; AY[SEA liTIL111CS EAS $9413 S&aki<nt Co,IA
Avista Corporation
Real Estate Department
P.O.Box 3727 •
Spokane,Washington 99220-3727
(Mirabeau)
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UNDERGROUND UTILITY •
RIGHT OF WAY EASEMENT
For Mutual Benefits,the receipt of which is hereby nknowledged,INLAND EMPIRE PAPER COMPANY, a
Washington corporation, "Grantor" hereby grants, conveys and warrants to AYLSPA CORPORATION, a
Washington corporation and to US WEST COMMUNICATIONS, INC„ a Colorado corporation, "Grantee", a
perpetual easement on, over, under, along and across real property identified as Assessor Parte! #45104.9066,
#45105.9072 and W5E04.9051,located in Section 10,Township25 North,Range 44 East,W.M.in Spokane County,
State of Washington,and being more particularly described as follows:
A ten foot(10)wide strip of land lying westerly of and adjoining the fourteen foot wide Border Easement that is
coincident with the westerly right of way line of Mirabeau Parkway, front Engineer Station 33+96.64 to the Union
Pacific Railroad Right of Way,said Border Easement granted and described in that certain document as recorded in the
office of the Spokane County Auditor under Auditor's File No,423384I; said property being located in the East Half
(E1tZ)of Section 10,Township 25 North,Range 44 East,W.M,,In Spokane County,State of Washington.
I. PURPOSE. Grantee shall have the right to construct,reconstruct,operate,maintain,repair,relocate and replace an
underground electric distribution system, an underground natural gas system, and underground
communication lines,"facilities",on,over,under,along and across the herein described property,together with all
necessary appurtenances.
2. ACCESS AND DAMAGE Grantee shalt have access over and across the above described property and the
adjoining property of the Grantor for the purpose of the installation,repair and maintenance of said facilities,provided
the Grantee repairs damages or compensates the Grantor for any damage to said properties as a result of such access •
and repair and maintenance,
3. RIGHT OF WAY CLEARING AND MAINTENANCE. Grantee shall have the right to cut,trim and remove
any and all brush ,branches and trees, including danger trees,on the above described or adjoining property of the
Grantor,that In the opinion of the Grantee,could interfere with the safe and reliable operation of Grantee's facilities as
described herein,or that could interfere with the exercise of Grantee's rights as granted herein.
R.E.Egc1614 Tax DOMpt•
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Avista Corporation Document No.,i `� ,f�i 7 spat( cfa.iny Tr...Ktw •
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Description: Spokane,WA Document—Year.DocID 1999.4399236 Page: 1 of 2 — Order: WDA-4 Comment:
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OSA UTILITIES EAS $9,07 Spakot Ga, Ser
4. GRANTOR'S USE OF TICE PROPERTY. Grantor reserves the right to the use and enjoyment of the property
described herein,but such use shall not conflict or interfere with the Grantee's rights herein granted.Grantor shall not
construct, place or maintain any building within the herein described easement area, nor shall Grantor Install arty
structures within said easement area that would interfere with the maintenance or safe operation of said facilities or that
are not in compliance with all safety and building codes,regulations and laws.
5. TNDEMNII'Y. The Grantee agrees to indemnify and hold harmless the Grantor from any and all claims for
damages suffered by Grantor including Grantor's agents,guests and employees which may be caused by Grantee's
negligence in the exercise of the rights herein granted,provided,that the Grantee shall not ha responsible to Grantor or
Grantor's agents,guests or employees fur anydamages or injury to any person or property caused by acts or omissions •
of Grantor,including Grantor's agents,guests or invitees
6, SUCCESSOR$ AND ASSIGNS, The rights and obligations of the parties shall be for the benefit of and be
binding upon their respective successors,heirs and assigns.
DATED this .2 3 day of }- . .1992-.
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GRANTOR(S)
By: L ikt.... J. l i',,otrfe✓
Attest: .
STATE OF: .,44 e i
COUNTY OF; WX :
61.7Q1 I
On this day of fit,1999,before me personally appeared 104.1. .11.1 i{_ () { //01/..0,29-s...)2
and ,(!
to me known to be tho8a ,. 9- ,f b.,. '11..and respectively,of the
corporation that executed the within and foregoing instrument,and acknowledged said Instrument to be the free and
voluntary act and deed of said corporation,for the uses and purposes therein mentioned,and on oath stated that_
he_„1,4 authorized to execute said instrument and that the seal affixed,if any,is the corporate seal of said
corporation.
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`,�`In iG. 69�s Whereof I have hereunto set my hand and affixed my official sealthe day year first above written,
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NO ARY PUBT IC in and for the Stat
C01Al2}. of LLT t�t�e� ,residing at /!j11? ' 3U.',,
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Print name:
`'?'',,, arW orionn0`..., , Mywrrrissure r�rj L 4/A0;Z
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Avisia Corporation Document No. y 7 S,' 7- I
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Description: Spokane,WA Document✓-Year.DoaID 1999.9399236 Parre: 2 of 2 - Order: WDA-d eon,onf':