18-188.00 WSDOT: Sullivan Park Right of Entry Permit Document Title: Right of Entry Agreement
Reference Number of Related Document:N/A
Grantor: State of Washington
Grantee: City of Spokane Valley
Legal Description: Ptn. Gov't. L8,Sec. 11,T.25N.,R. 44E., W.M.
Additional Legal Description is on Page 1 and 2 of document
Assessor's Tax Parcel Number:45114.9009
RIGHT OF ENTRY AGREEMENT
SR 90,Spokane to Greenacres
This Right of Entry Agreement (Agreement) is made effective this 5' day of November, 2018,
between the WASHINGTON STATE DEPARTMENT OF TRANSPORTATION (GRANTOR),
and the City of Spokane Valley(GRANTEE).
RECITALS
GRANTOR owns certain real property (Property) described below. GRANTEE wishes to gain
access to the Property in connection with restoring a compromised earth berm on WSDOT
property. GRANTOR is willing to grant to the GRANTEE access to the Property upon the terms
and conditions of this agreement.The Property is described as follows:
Legal Description:
That portion of Government Lot 8, Section 11,Township 25 North,Range 44 East of the
Willamette Meridian, lying South of a line drawn parallel with and 200 feet distant
Southerly,when measured at right angles,from the southerly Spokane International
Railway right of way tine and North of the following described line:
BEGINNING at a point on the East line of said Section from which point the Southeast
corner of Section 11 bears South 0°47'East 925.08 feet distant;
Thence North 55°50' West 952.90 feet;Thence North 77°39'West 135 feet;
Thence North 3°35' West 205 feet;Thence North 72°10'West 330 feet;
Thence North 76°57' West to a point of intersection with the West line of Government Lot 8;
EXCEPT any part thereof lying within the East 100 feet of the North 575 feet of Government Lot 8;
AND EXCEPT any portion lying within Sullivan Road;
AND EXCEPT that portion conveyed to The County of Spokane by Quitclaim Deed recorded under
Auditor's File No. 504316B,described as follows:
BEGINNING at the Southeast corner of Section 11,Township 25 North,Range 44 East,W.M.;
Thence North 0°47'West 925.08 feet along the East line of Section 11;
Thence North 55°50'West 36.60 feet to the Westerly right of way line of Sullivan Road and the True Point
of Beginning;Thence North 55°50'West 916.30 feet;
Thence North 89°13'East 751.04 feet to the Westerly right of way line of Sullivan Road;
Thence South 0°47'East 524.91 feet along the Westerly right of way line of Sullivan Road to the True Point
of Beginning;
AND EXCEPT that portion conveyed to Spokane County by Quitclaim Deed recorded
under Auditor's File No.728210B,described as follows:
BEGINNING at the Southeast corner of Section 11,Township 25 North,Range 44 East,W.M.;
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Thence North 0°47'West a distance of 1520.96 feet along the East line of said Section 11;
Thence South 89°13' West a distance of 30 feet to a point on the West right of way line of Sullivan Road
and the True Point of Beginning;Thence North 69°53.5'West a distance of 321.12 feet;
Thence South 0°47' East a distance of 164.51 feet;Thence North 89°13' East a distance of 300 feet to a
point on the Westerly right of way line of Sullivan Road;Thence Northerly along said right of way line to
the True Point of Beginning;
AND ALSO EXCEPT that portion conveyed to the Union Pacific Railroad Company by Quitclaim Deed
recorded under Auditor's File No.9112310430,described as follows:
BEGINNING at the intersection of the West line of Government Lot 8, Section 11,Township 25 North,
Range 44 East, W.M.,and a line drawn parallel with and 200 feet Southeasterly, when measured at right
angles and/or radially,from the Southeasterly right of way line of the Spokane International Railway;
Thence North 74°53' East along said parallel line a distance of 1275.71 feet;Thence South 00°47'East a
distance of 326.53 feet;Thence North 89°13' East a distance of 70.0 feet, more or less,to a point on the
Westerly right of way line of Sullivan Road, which point is 30.0 feet Westerly, when measured at right
angles,from the East line of said Section 11; Thence South 00°47' East along said Westerly right of way
line a distance of 193.47 feet; Thence South 89°13' West a distance of 130.0 feet; Thence North 00°47'
West a distance of 380.81 feet; Thence South 74°53' West a distance of 1213.78 feet, more or less,to the
said West line of said Government Lot 8;Thence North 00°54' West along said West line to the Point of
Beginning;
Situate in the County of Spokane, State of Washington.
The specific details concerning all of which are to be found on Sheet 9 of that certain plan entitled Spokane
County Sundry Site Plans, SP-C-6112, SP-C-6139, PS-C-144 SP-C-6143, QS-C-109, SP-C-6136, PS-C-
45,QS-C-109 Ext., now of record and on file in the office of the Secretary of Transportation at Olympia,
and bearing date of approval October 5, 1973,revised October 17,2014.
Subject to Easement for overhead power line granted to Washington Water Power Company, recorded
March 27, 1984 under Auditor's File No.8403270135.
Subject to Easement Deed for sewer line granted to County of Spokane,recorded November 18, 1994 under
Auditor's File No.9411180273.
Subject to letter dated October 17, 1958 granting to U.S Department of Interior, Bonneville Power
Administration, Tract VT-AR-1-1, P2,a permit to occupy and use the existing road,or such roads as may
hereafter be relocated.
Also subject to all other existing encumbrances, including easements,restrictions and reservations,if any.
AGREEMENT
Access.
GRANTOR grants to GRANTEE a non-exclusive right of reasonable access to the Property for
the purpose of restoring a compromised earth berm to keep nuisance activities off the adjacent
properties. GRANTEE's right of access shall include the right, but not obligation,to improve the
existing earth berm. Such use may include, but is not limited to a visual walk through of the
Property to identify archaeological and environmental conditions associated with respective
activities. The earth berm is depicted generally on Exhibit A attached and incorporated into this
Agreement. GRANTEE will not permit any other party, except GRANTEE's duly authorized
representatives, employees, agent and independent contractors to enter or use the Property. This
Agreement will be in effect for two(2)calendar weeks from the effective date hereof.
See Exhibit A attached hereto and made a part jiereof:
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Indemnity.
GRANTEE, its successors, or assigns, will protect, save, and hold harmless GRANTOR, its
authorized agents,and employees, against all claims,actions, costs, damages,or expenses of any
nature whatsoever,to the extent arising by reason of the negligent acts or omissions of GRANTEE,
its assigns,agents,contractors, licensees, invitees,employees arising out of or in connection with
acts or activities authorized by this right of entry. GRANTEE, further agrees to defend
GRANTOR, its agents,or employees in litigation to the extent arising out of the negligent acts or
omissions of the GRANTEE, in connection with acts or activities authorized by this right of entry.
This obligation shall not include such claims, costs, damages, or expenses, including payment of
any costs or attorney's fees resulting from any claim(s) or action(s) commenced, which may be
caused by the negligent acts or omissions of GRANTOR, its agents, contractors, licensees,
invitees, or employees; provided that, if the claim or damages are caused by or result from
concurrent negligence of(a) GRANTOR, its agents, or employees and (b) involves those actions
covered by RCW 4.24.115, this indemnity provision shall be valid and enforceable only to the
extent of the negligence of GRANTEE, its agents,or employees.
Environmental.
In connection with any work undertaken under this agreement,GRANTEE, its agents or
employees shall (i) install silt fence on the river side of the roadway (south)to prevent spread of
dross further onto Grantor's property from wind or stormwater runoff; (ii)provide for dust
control as necessary to meet applicable air quality standards; (iii)notify Grantor of any spills or
accidental contamination on Grantor's site;(iv)provide a cleanup plan for any spills or
accidental contamination from Grantor's site after haul completed; (v)diligently pursue such
work to completion,so as to minimize any disruption to the then-existing use(s) of Grantor's
property; (vi)not damage any portion of the remainder of the Grantor's property or any personal
property thereon and(vii)diligently repair/replace in kind,at its sole cost and expense, any
improvements which may be damaged or destroyed by reason of such work.
Governing Law/Captions.
The validity,meaning,and effect of this agreement shall be determined in accordance with the
laws of the State of Washington.
No Third Party.Rights/Assignment.
Nothing in this agreement,express or implied, is intended to confer any rights or remedies upon
any person,other than the parties and their respective employees and representatives.
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STATE OF WASHINGTON
DEPART •F TRANSPORTATION-GRANTOR
Name: 5 �...w0_^�
/Timothy P.G.lden
Title: Real Estate Services Manager
Date: //' g'f
Accepted and Approved-GRANTEE
Name: f'/Ija11? )
Title: ( :( i
Date: t\AS720(3
WSDOT ACKNOWLEDGMENT
STATE OF WASHINGTON )
)ss
COUNTY OF SPOKANE )
On this i day of /(10Ucr b-er ,201k before me personally
appeared Timothy P.Golden,to me known to be the duly appointed Real Estate Services Manager,
and that he executed the within and foregoing instrument and acknowledged the said instrument
to be the free and voluntary act and deed of said State of Washington, for the uses and purposes
therein set forth,and on oath states that he was authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hind and affixed my official seal the
day of (t)th)e t bar .20 /
X.
s.`s����, gEA ,,,
Ss,ON...... ,. 'P%�c'' Notary Public in and for the State of Washington,
NOTARI- N': residing at 3P(9 kA
v, pUBL1C _,- My commission expires 77/2d
WASY\
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