6938001 Easement, Temporary: Barker/BNSF GSP Project•
07/02/2020 09:10:42 AM 6938001
Recording Fee $113.50 Page 1 of 11
Easement GOVERNMENT, CITY OF SPOKANE VALLEY
Spokane County Washington
I IIIIIII IIIIII III IIIII IIII IIIIIII IIIIII IIII IIII IIIII IIIII IIIIIII III IIIII IIIII IIIII IIII IIII
After recording return document to:
City of Spokane Valley
City Clerk
10210 E. Sprague Ave.
Spokane Valley, WA 99206
Document Title: Temporary Easement
Reference Number of Related Document:
Grantor(s): AVISTA CORPORATION
Grantee(s): Government, City of Spokane Valley
Legal Description: Ptn Gov. Lots 4 & 5, Sec. 6, T25N, R45E and
SE% NE`/4, Sec. 1, T25N, R44E, W.M.
Additional Legal Description is on Page 4 of Document
Assessor's Tax Parcel Numbers: 55052.9023, 55052.9024, 55052.9025, 55052.9032
TEMPORARY EASEMENT AGREEMENT
Barker Road/BNSF Grade Separation Project No. 0143
ZwE
THIS TEMPORARY EASEMENT AGREEMENT ("Agreement") is dated as of May
2, , 2020 and is made by and between AVISTA CORPORATION, a Washington corporation
("Grantor"), and the City of Spokane Valley, a municipal corporation of State of Washington
("the City"). For and in consideration of Grantor's intention to donate use of the real property
as set forth herein without cash consideration, but including the City's construction of an
improved roadway and installation of gates at termination of this Agreement, Grantor hereby
conveys and grants unto the City, and its assigns, the temporary right, privilege and temporary
easement ("Easement") as more particularly depicted and described in Exhibit B, attached
hereto and incorporated herein by this reference, over, upon, and across Grantor's real property
("Grantor's Property") more particularly described in Exhibit A, attached hereto and
incorporated herein by this reference. The Easement is being granted for the purpose of the City
constructing a paved roadway ("Easement Roadway") for temporary public use during the
construction of the Barker Road/BNSF Grade Separation Project.
NOW, THEREFORE, in recognition of the donative intent of Grantor and for good and
FA No. REP-4123(005)
Project No. 0143
LPA-325 Parcel Nos. 55052.9023, 55052.9024
10/2014 Page 1 of(6) Pages 55052.9025, 55052.9032
R. E. Excise Tax Exempt
Dale (20
Spokane y
By
TEMPORARY EASEMENT AGREEMENT
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and in
further consideration of the mutual covenants, terms, and conditions set forth herein, the parties
agree as follows:
1. Term. The Easement and the temporary rights granted to the City in this Agreement
will commence on the date of this Agreement and shall automatically terminate upon the earlier
of either (a) completion of the project, or (b) December 31, 2025 (the "Term"). No written
termination of easement shall be required to terminate the Easement, however, the City shall,
upon request by Grantor, execute any and all instruments necessary to document termination of
the Easement.
2. Description and Use of the Easement. The Easement granted by the Grantor to the
City consists of a temporary easement, with the right, privilege, and authority to construct,
reconstruct, extend, repair, replace, maintain, operate, inspect, and patrol, the Easement
Roadway for public use upon, over, and across that portion of the Grantor's Land described in
Exhibit B, attached hereto and incorporated herein by this reference (the "Easement Area").
City shall construct the Easement Roadway according to the standards detailed and depicted on
Exhibit C. The City's construction of the Easement Roadway shall include bollards and
protection around Grantor's poles, facilities, and equipment as detailed on Exhibit C. The City
shall ensure that the Easement Roadway is engineered and constructed according to applicable
City, County, and State laws and regulations, and to endure wear and tear caused by travel of
heavy trucks. Throughout the Term, the City shall install and maintain traffic control signs on
the Easement Roadway, including but not limited to signage establishing a maximum speed
limit of 25 miles per hour and signage indicating that the Easement Roadway is not a through
street. 3. Maintenance. The City shall maintain and repair, including snow removal, the
Easement Roadway during the entire duration of the Term. Upon termination of the Easement,
the City shall be responsible for the costs of placing a permanent gate at each end of the
Easement Roadway, with such permanent gate to be of the type and quality mutually agreed
upon by the parties. Upon expiration of the Easement's Term, the City shall surrender the
Easement Roadway to Avista in a condition free of any defects in the surface, subsurface or
bed, and will perform repairs to repair any defects. Repairs may include, but shall not be limited
to: filling in and patching of holes and depressions, repairing cracks, and resurfacing.. The
Easement Roadway restoration and the permanent gate installation provided for in this
paragraph shall be completed by the City within three (3) months of expiration of the Term.
4. Waiver of Compensation. Grantor's donation of the temporary use of portions of
Spokane County Parcels 55052.9023, 55052.9024, 55052.9025, and 55052.9032 to the City is
made voluntarily and with full knowledge of our entitlement to receive just compensation
FA No. REP-4123(005)
Project No. 0143
LPA-325 Page 2 of (9) Pages Parcel No. 55052.9023, 55052.9024,
10/2014 55052.9025, 55052.9032
TEMPORARY EASEMENT AGREEMENT
therefore. Grantor hereby waives the City's requirement of obtaining an appraisal for the
acquired temporary easement.
5. Indemnification. The City shall defend, indemnify, and hold Grantor harmless from
and against any and all claims, injuries, damages, losses, fines, charges, penalties,
administrative proceedings, judgments, suits, costs, and expenses (including attorney fees and
court costs), arising out of or related to the City's and the public's access to, or use of the
Easement. The City's obligation to defend, indemnify, and hold Grantor harmless shall survive
termination of this Agreement and the Easement as provided in Section 9 of this Agreement.
The City recognizes and agrees that the Grantor maintains facilities and equipment adjacent to
the Easement Roadway and the Easement Area. The City's obligation to defend and indemnify
Grantor, does not apply to injuries and damages caused by the negligence of the Grantor.
6. Notices. Unless specifically stated otherwise in this Agreement, all notices, waivers,
and demands required or permitted hereunder shall be in writing and delivered to the addresses
set forth below, by one of the following methods: (a) hand delivery; (b) a nationally recognized
overnight courier company; (c) registered United States mail, signature required and postage -
prepaid; or (d) email transmission provided that the transmission is completed no later than
4:00 p.m. Pacific Standard Time on a business day with the original sent via first class US Mail
the same or following day.
To Grantor:
with a copy to:
To the City:
Name: Rod Price
Address: 1411 E. Mission Avenue, MSC-25, Spokane,
WA, 99252
Telephone: 509-495-2436
Facsimile: 509-495-8734
Email: rod.price@avistacorp.com
Name: Todd Colton
Address: 1411 E. Mission Avenue, MSC-8, Spokane,
WA, 99252
Telephone: 509-495-2344
Facsimile:
Email: todd.colton@avistacorp.com
Name: Bill Helbig, City Engineer
Address: 10210 East Sprague Avenue
Spokane Valley, WA 99206
Telephone(509) 720-5320
FA No. REP-4123(005)
Project No. 0143
LPA-325 Page 3 of (9) Pages Parcel No. 55052.9023, 55052.9024,
10/2014 55052.9025,55052.9032
TEMPORARY EASEMENT AGREEMENT
Facsimile:
Email: bhelbig@spokanevalley.org
with a copy to: Name: Cary Driskell, City Attorney
Address: 10210 East Sprague Avenue
Spokane Valley, WA 99206
Telephone (509) 720-5150
Facsimile:
Email: cdriskell@spokanevalley.org
Any party may change its address for purposes of this Section 6 by giving written notice
as provided in this Section 6. All notices and demands delivered by a party's attorney on a
party's behalf shall be deemed to have been delivered by said party. Notices shall be valid only
if served in the manner provided in this Section 6.
7. Amendment. This Agreement may not be modified, amended, or terminated except
in a writing signed by each party hereto.
8. Counterparts. This Agreement may be executed by the parties hereto in separate
counterparts, each of which when so executed and delivered shall be deemed an original for all
purposes, and all such counterparts shall together constitute but one and the same instrument.
A signed copy of this Agreement delivered by [facsimile/email] shall be deemed to have the
same legal effect as delivery of an original signed copy of this Agreement.
9. Survival. The City's obligations to execute instruments reasonably necessary to
document termination of the Easement, to pay for installation of gates at both ends of the
Easement Roadway at termination of the Easement, and to defend, indemnify, and hold Grantor
harmless shall survive the termination of this Agreement for the duration of the applicable
statutes of limitation pursuant to Washington law.
It is understood and agreed that delivery of this temporary 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.
Signatures and Notaries Follow
FA No. REP-4123(005)
Project No. 0143
LPA-325 Page 4 of (9) Pages Parcel No. 55052.9023, 55052.9024,
10/2014 55052.9025, 55052.9032
TEMPORARY EASEMENT AGREEMENT
Date: 3.woE 2- , 2020
AVISTA CORPORATION, a Washington corporation
By:
Title: , PP (,' i0E2AL C -*i EL Ce 2Po2A7-6 SCz¢e1 RX
Cu er & ISES f CoMMA4us o TL
STATE OF WASHINGTON
ss
SPOKANE COUNTY
I certify that I know or have satisfactory evidence that C�rcq 1.4e
is the individual(s) who appeared before me, and said individual(s) acknowledged that
he signed this instrument, on oath stated that Lie. was authorized to
execute the instrument and acknowledged it as the lips G�, &de. . d Ccz of Avista
Corporation, a Washington corporation, to be the free and voluntary act of such party for the
uses and purposes mentioned in the instrument.
Dated this 2 day of Ju-0--4' , 2020
RAEAN CORNELL
Notary Public
State of Washington
My Appointment Expires
Jan 30.2022
gie, es,
itx.CP
NOTARY PUBLIC
In and for the State of Washington
Residing pots-e Vki1
My appointment expires: I " 3O ' 202 Z
LPA-325 Page 5 of (9) Pages
10/2014
FA No. REP-4123(005)
Project No. 0143
Parcel No. 55052.9023,55052.9024,
55052.9025,55052.9032
TEMPORARY EASEMENT AGREEMENT
Date:
, 2020
CITY OF SPOKANE VALLEY a municipal corporation of the State of Washington
By: By:
Title: 6,r £LI<o /,It72 Title:
STATE OF WASHINGTON
ss
SPOKANE COUNTY
I certify that I know or have satisfactory evidence that LLD
is the individual(s) who appeared before me, and said individual(s) acknowledged that
signed this instrument, on oath stated that �*>z was authorized to
execute the instrument and acknowledged it as the - ZY T27"4 . of the
City of Spokane Valley, a municipal corporation of the State of Washington, to be the free
and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated this `k day of , 2020
NOTARY PUBLIC
In and for the State of Washington
Residing \03k0
My appointment expires:
LPA-325 Page 6 of (9) Pages
10/2014
FA No. REP-4123(005)
Project No. 0143
Parcel No. 55052.9023, 55052.9024,
55052.9025, 55052.9032
TEMPORARY EASEMENT AGREEMENT
EXHIBIT A
Legal Description of the Grantor's Property
[SEE ATTACHED]
FA No. REP-4123(005)
Project No. 0143
LPA-325 Page 7 of (9) Pages Parcel No. 55052.9023, 55052.9024,
10/2014 55052.9025,55052.9032
EXHIBIT A
REFERENCE: Parcel 55052.9025, 55052.9024, 55052.9023 & 55052.9032 Temporary Construction
Easement Barker Detour Road
All that portion of Government Lot 4 and SW1/4 NW1/4 Section 5, Township 25 North, Range 45 East,
Willamette Meridian more particularly described as follows:
Beginning at a point opposite Highway Engineer's Station (hereinafter referred to as HES) 1024+17.63 on
the DT line survey of SR 290, Barker Road Intersection Vicinity and 73.09 feet easterly therefrom; thence
southerly to a point opposite HES DT 1020+53.12 on said DT line survey and 71.19 feet easterly
therefrom; thence easterly to a point opposite HES DT 1020+52.91 on said DT line survey and 111.19
feet easterly therefrom; thence southerly to a point opposite HES DT 1019+75.87 on said DT line survey
and 110.79 feet easterly therefrom; thence westerly to a point opposite HES DT 1019+76.08 on said DT
line survey and 70.79 feet easterly therefrom; thence southerly to a point opposite HES DT 1017+62.35
on said DT line survey and 69.68 feet easterly therefrom; thence southerly to a point opposite HES DT
1013+74.14 on said DT line survey and 164.35 feet southeasterly therefrom; thence westerly to a point
opposite HES DT 1000+40.54 on said DT line survey and 74.72 feet southerly therefrom; thence
northerly to a point opposite HES DT 1000+40.54 on said DT line survey and 75.29 feet northerly
therefrom; thence easterly to a point opposite HES DT 1013+80.98 on said DT line survey and 49.40 feet
northwesterly therefrom; thence northerly to a point opposite HES DT 1017+65.53 on said DT line
survey and 80.31 feet westerly therefrom; thence northerly to a point opposite HES DT 1021+05.76 on
said DT line survey and 78.53 feet westerly therefrom; thence northerly to a point opposite HES DT
1024+20.80 on said DT line survey and 76.89 feet westerly therefrom; thence easterly to the Point of
Beginning.
The lands herein described contain an area of 367,858.07 square feet, more or Tess, the specific details
concerning all of which are to be found on sheet 4 of that certain plan entitled SR 290, Barker Road
Intersection Vicinity, now of record and on file in the office of the Secretary of Transportation at
Olympia, and bearing date of approval June 12, 2020.
TEMPORARY EASEMENT AGREEMENT
EXHIBIT B
Legal Description of the Easement
[SEE ATTACHED]
FA No. REP-4123(005)
Project No. 0143
LPA-325 Page 8 of (9) Pages Parcel No. 55052.9023, 55052.9024,
10/2014 55052.9025, 55052.9032
0 100 200
SCALE IN FEET
(55052.9027)
STAUDACHER
INVESTMENTS,
LLC
(55052.0202)
LC EAGLE,
LLC
GOV'T LOT 4
In
U
W
r,J
ri
I�
(55052.0201; 1
LC EAGLE, I 1
LLC i
EXHIBIT "B"
T.25N. R.45E. W.M.
�55052.9025)
AVISTA CORPORATION DT 1019+75.87
DT 1020+52.91
I (111.19' RT.)
DT 1024+17.63
DT 1020+53.12((70.79' RT.)
(73.09' RT.) (71.19' RT.) �
----------
---------------
-T-
DT 1021+05.76
(78.53' LT.)
DT 1024+20.80
(76.89' LT.)
DT 1024+55.03 P.O.E.
ACCESS AND
UTILITIES
EASEMENT
�55061.9048)
SPW-DIST, LLC.
SECTION CORNER
FOUND 1/2" DIA.
IRON ROD
150'
1020
TEMPORARY
CONSTRUCTION
EASEMENT AREA
367,858.07 SQ.FT.
(110.79' RT.)
DT 1019+76.08
(5052.902� I SHEET 1 OF 2
AVISTA
CORPORATION
TEMPORARY
CONSTRUCTION
EASEMENT
DT 1017+62.35
(80.31' LT.)
44' INGRESS / EGRESS
AND UTILITY
EASEMENT
(55052.9030)
SUBSURFACE INVESTMENT
PARTNERS, LLC
Ir,w
N. BARKER RD.
85
N
171
w
w
w
w
z
2
U
Q
Z
U
en
(55052.903'
SUBSURFACE
INVESTMENT
PARTNERS, LLC
vw
S03°50_00"E 2662.20:�
A,w
_ --1— —' QUARTER CORNER
'� FOUND RAILROAD SPIKE
(49.40' LT.)
1\--
150'
91
DT 1000+40.54
(75.29' LT.)
�55052.9023)
0 100 200 AVISTA
SCALE IN FEET CORPORATION
DT 1013+74.14
J(164.35' RT.)
DT 1015+09.85 P.T.1
1. 1
1015 -i
44 INGRESS / EGRESS
DT 1013+80.98� AND UTILITY EASEMENT
• LOT 28
N
0
0
10'
�10' UTILITY EASEMENT
DT 1012+29.90 P.C. 5.9 ACRES
TEMPORARY
CONSTRUCTION
EASEMENT
1
I TEMPORARY CONSTRUCTION
EASEMENT AREA 367,858.07 SQ.FT.
1
I 1
I DT 1007+09.07 P.T.
I (55052.9032)
AVISTA
',CORPORATION
I \ I
in
DT 1006+66.82 P.C. W
1 \
I co
I
I
I
DT 1003+47.37 P.T.
I DT 1002+27.40 P.C.
I �
1
50'-
I
DT 1000+40.54
(74.72' RT.) r
SECTION CORNER
FOUND 1/2" DIA.
IRON ROD
RAY
N. BARKER., RD.
(,55052.908)
CENTENNIAL
PROPERTIES, INC
•LOT 27
8.0 ACRES
EXHIBIT "B"
T.25N. R.45E. W.M.
SHEET 2 OF 2
• QUARTER CORNER
FOUND RAILROAD SPIKE
• PRELIMINARY BINDING SITE PLAN
GARLAND AVENUE BINDING SITE PLAN