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6738165 Easement, Natural Gas Pipeline • 08/29/2018 10:45:12 911 6738165 Recording fee $103.00 pegs1 of 6 Easement AVISTA CORpORATIO Spokane County Washington Return Address: Avista Corporation Real Estate Department MSC-25 P.O.Box 3727 Spokane,Washington 99220-3727 NATURAL.GAS PIPELINE EASEMENT For Mutual Benefits and Good Consideration,the receipt of which is hereby acknowledged,CITY OF SPOKANE VALLEY,a municipal corporation ("Grantor"), hereby grants,conveys and warrants to AVISTA CORPORATION, a Washington corporation ("Grantee"), a perpetual non-exclusive easement on, aver, under, along and across real propertyidentified as Assessor's Parcel 035243.1080 located in the Southwest Quarter (SWIM) of Section 24, Township 25 North,Range 43 East Willamette Meridian,in Spokane County,State of Washington,legally described in EXHIBIT"A"(the"Property'),and by this reference is incorporated into this easement 1.J URPOSE.Grantee shall have the IW't to construct,reconstruct,operate,maintain,upgrade,repair,remove,retocate and replace a natural gas pipeline i o- with all related communications and appurtenances("Facilities")on,over, under,along and across a 10'wide easement strip adjacent to the westerly parcel line,the approximate location of which Is shown on the attached map marked EXHIBIT"B"(the"Easement Area"),and by this reference is incorporated Into this easement. 2. ACCESS AND DAMAGE.Grantee shall have the right of access over and across the Property and the adjoining property of the Grantor for the purpose of the installation,repair and maintenance of said facilities,provided the Grantee repairs any damage,makes reasonable attempt to restore the affected area to its original or natural state,as close as reasonably possible or compensates the Grantor for any damage to said properties as a result of such access, installation,repair and maintenance. 3. CLEARING AND MAINTENANCE.Grantee shall have the right to cut,trim and remove any brush,branches, landSCaping and trees, including danger trees, within the Easement Area,the Property and on Grantor's adjoining property that in the opinion bf the Grantee,could interfere with the safe and reliable operation of Grantee's Facilities or that could interfere with the exercise of Grantee's rights as granted herein. 4. GRANTOR'S USE OF THE PROPERTY.Grantor reserves the right to use a and boy the Property,to the extent that such use does not conflict or Interfere with the Grantee's rights herein.Grantee shall not construct,place or maintain any building,structure or landscaping within the Easement Area that may Intakes with Grantee's tights or with the safe operation of the Facilities or that are not In compliance with all safety and huiliNng codes,mutations and laws. Page 1 of S,Avista Corporation Document No. 5,55q R.E.Excise'au Exempt Dale $t9 20 t% Spokane County 6Y 5P 6738165 Page 2 of 5 08/29/2018 10:45:12 AM 5. INDEMNITY. Grantee agrees to indemnify and hold harmless Grantor,its employees,agents,guests and invitees from damage to property and personal injury to the extent caused by Grantee's negligence or willful misconduct in the exercise of its rights herein,provided that Grantee shall not be liable for property damage or personal injury that is caused by the acts or omissions of Grantor,its employees,agents,guests and invitees or any other person. 6. GRANTOR'S WARRANTY.Grantor warrants and represents that Grantor has the unrestricted right to grant this easement and the rights described here. ?. SUCCESSORS AND ASSIGNS. The rights granted in this easement run with the Property and shall be binding upon and benefit the parties and their respective successors,heirs and assigns. DATED this bk day of AUtit,2Ol8. GRANTOR(S):CITY OF SPOKANE VALLEY all/141314A— Signature f:Mark Calhoun.City Manager STATE OF WASHINGTON) )ss. COUNTY OF SPOKANE ) On this t day of /T,,v , J;2018,before me, the undersigned, a Notary Public in and for the State of Washington, duly commissilined and sworn, personally appeared, Mark Calhoun, to me known to be the City Manager of the City of Spokane Valley,a municipal corporation of the State of Washington,that executed the within and foregoing instrument, and acknowledged the said instrument to an official act and deed of said municipal corporation for the uses and purposes therein mentioned,and on oath stated that he was authorized to execute said instrument,and that the seal affixed is the seal of the City of Spokane ey. / J la A y r,: . ice 'Cu Name s CHRISTINE M.BAMBREIGE NOTARY PUBLICNotary Public for state f 7'11 STATE CF WASHINGTON COMMISSION EKES ; Residing at AUGUST 29,2019 1,6 . , ..... ..... ....... .. My Commission Exp p _ 9- l t i' Page 2 of 5,Avista Corporation Document No. 5YJq' 6738165 Page 3 of 5 08/29/2018 10:45:12 AM ''Avista GRANTEE Corpo ti By: dak Its: I / Page 3 of 5,Avista Corporation Document No. 5- 9? 6738165 Page 4 of 5 08/29/2018 10:45:12 AM EXHIBIT A Legal Description Of the Property Parcel#35243.1080 Lot 12,Block 9 of Bettman's Addition as per plat thereof recorded in Volume C of Plats,Page 13,records of Spokane County,Washington TOGETHER WITH that portion of Vacated 146 Avenue and that portion of Vacated Dickey Road which attaches by Operation of Law. SITUATE IN THE CITY OF SPOKANE VALLEY,COUNTY OF SPOKANE,STATE OF WASHINGTON. Page 4 of 5,Avista Corporation Document No. 5-3 3 CR 6738165 Page 5 of 5 08/29/2018 10:45:12 AM - EXHIBIT B Easement Area 352430915 j 352430986 352430987 1 852430988 352430989 SW 1/4 Section 24, T2SN,R43E. W.M. Not to Scale Subject Properly Parcel 35243.1030 352431079 852431078 352431077 352431070 Underground ward gas line 10'in width and approschnately 165'in length t So westerly pared line 1 1 . 552431071 M2431054 Page 5 of 5,Avista Corporation Document No. 11' Return Address: Avista Corporation Real Estate Department MSC-25 P.O.Box 3727 Spokane,Washington 99220-3727 NATURAL GAS PIPELINE EASEMENT For Mutual Benefits and Good Consideration, the receipt of which is hereby acknowledged, CITY OF SPOKANE VALLEY,a municipal corporation ("Grantor"), hereby grants,conveys and warrants to AVISTA CORPORATION, a Washington corporation ("Grantee"), a perpetual non-exclusive easement on, over, under, along and across real property identified as Assessor's Parcel #35243.1080 located in the Southwest Quarter (SW1/4) of Section 24, Township 25 North,Range 43 East Willamette Meridian,in Spokane County, State of Washington,legally described in EXHIBIT"A"(the"Property"),and by this reference is incorporated into this easement. 1. PURPOSE.Grantee shall have the right to construct,reconstruct,operate,maintain,upgrade,repair,remove,relocate and replace a natural gas pipeline together with all related communications and appurtenances("Facilities")on, over, under,along and across a 10'wide easement strip adjacent to the westerly parcel line,the approximate location of which is shown on the attached map marked EXHIBIT "B" (the "Easement Area"), and by this reference is incorporated into this easement. 2. ACCESS AND DAMAGE.Grantee shall have the right of access over and across the Property and the adjoining property of the Grantor for the purpose of the installation, repair and maintenance of said facilities, provided the Grantee repairs any damage, makes reasonable attempt to restore the affected area to its original or natural state, as close as reasonably possible or compensates the Grantor for any damage to said properties as a result of such access, installation,repair and maintenance. 3. CLEARING AND MAINTENANCE.Grantee shall have the right to cut,trim and remove any brush,branches, landscaping and trees, including danger trees, within the Easement Area, the Property and on Grantor's adjoining property that in the opinion of the Grantee,could interfere with the safe and reliable operation of Grantee's Facilities or that could interfere with the exercise of Grantee's rights as granted herein. 4. GRANTOR'S USE OF THE PROPERTY.Grantor reserves the right to use and enjoy the Property,to the extent that such use does not conflict or interfere with the Grantee's rights herein.Grantor shall not construct,place or maintain any building,structure or landscaping within the Easement Area that may interfere with Grantee's rights or with the safe operation of the Facilities or that are not in compliance with all safety and building codes,regulations and laws. Page 1 of 5,Avista Corporation Document No. 5. INDEMNITY. Grantee agrees to indemnify and hold harmless Grantor,its employees,agents,guests and invitees from damage to property and personal injury to the extent caused by Grantee's negligence or willful misconduct in the exercise of its rights herein, provided that Grantee shall not be liable for property damage or personal injury that is caused by the acts or omissions of Grantor,its employees,agents,guests and invitees or any other person. 6. GRANTOR'S WARRANTY.Grantor warrants and represents that Grantor has the unrestricted right to grant this easement and the rights described here. 7. SUCCESSORS AND ASSIGNS. The rights granted in this easement run with the Property and shall be binding upon and benefit the parties and their respective successors,heirs and assigns. DATED this b day of Aur-t- ,2018. GRANTOR(S):CITY OF SPOKANE VALLEY 1" WI�L Signature of:Mark Calhoun,City Manager STATE OF WASHINGTON) )ss. COUNTY OF SPOKANE ) On this 6 day of /41( j4'S T , 2018, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared, Mark Calhoun, to me known to be the City Manager of the City of Spokane Valley,a municipal corporation of the State of Washington,that executed the within and foregoing instrument, and acknowledged the said instrument to an official act and deed of said municipal corporation for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument,and that the seal affixed is the seal of the City of Spokan alley. -4/.)A4 M gra144 ignature CHRISTINE M.BAINBRIDGE Prlrlt Name NOTARY PUBLIC Notary Public for t 7 7 - State o �, ' - '`� STATE OF WASHINGTON COMMISSION EXPIRES , Residing at �� / / AUGUST 29,2019 . 9 My Commission Expires A "• i Page 2 of 5,Avista Corporation Document No. GRANTEE Avista Corpora to• By: Its: ka/16-bk litosei9Mke Page 3 of 5,Avista Corporation Document No. EXHIBIT A Legal Description Of the Property Parcel#35243.1080 Lot 12,Block 9 of Bettman's Addition as per plat thereof recorded in Volume C of Plats,Page 13,records of Spokane County,Washington TOGETHER WITH that portion of Vacated 14th Avenue and that portion of Vacated Dickey Road which attaches by Operation of Law. SITUATE IN THE CITY OF SPOKANE VALLEY,COUNTY OF SPOKANE,STATE OF WASHINGTON. Page 4 of 5,Avista Corporation Document No. EXHIBIT B Easement Area f 352430915_1 N 352430986 352430987 352430988 352430989 SW 1/4 Section 24, T25N,R43E. W.M. Not to Scale Subject Property ° Parcel 35243.1080 352431079 352431078 352431077 352431070 352431071 Underground natural gas line 10'in width and approximately 165'in length adjacent to westerly parcel line 1 1 11 352431054 Page 5 of 5,Avista Corporation Document No.