7279227 Easement, ROW: STV-2022-0001, Ordinance 22-014 04/18/2023 11:00:25 AM 7279227
Recording Fee $207.50 Page 1 of 5
Easement GOVERNMENT, CITY OF SPOKANE VALLEY
Spokane County Washington
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RETURN ADDRESS:
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---� City of Spokane Valley Planning Division
10210 East Sprague Avenue
Spokane Valley, WA 99206
Easement Cover Sheet
Document Title:
ELECTRIC RIGHT OF WAY EASEMENT
Number(s) of Related Documents:
STV-2022-0001 and City of Spokane Valley Ordinance#22-014
Grantor:
City of Spokane Valley
Grantee(s):
AVISTA Corporation
Legal Description:
Quarter NE Section 13 Township 25N Range 43E
(See attached proposed legal description)
All Assessor's Tax Parcel ID Number(s):
No assigned parcel number. The easement is being granted in a portion of un-named
right-of-way as described in the attached legal description.
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Return Address:
Avista Corporation
Real Estate Department MSC-25
P.O.Box 3727
Spokane,Washington 99220-3727
ELECTRIC RIGHT OF WAY EASEMENT
For Mutual Benefits and Good Consideration,the receipt of which is hereby acknowledged,City of Spokane Valley,a
municipal corporation of State of Washington (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 the 20-foot alley right-of-way recorded on the Park Road Addition which is to be
vacated per STV-2022-0001 (Ord.22-014)located in the Northeast Quarter of Section 13,Township 25 North,Range
43 East,Willamette Meridian.,in the, 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 overhead electric and communication lines together with all related appurtenances("Facilities")on,over,
under, along and across the property described herein. The easement being a strip of land ten feet (10') in width
(centered on facilities)running north from poles currently identified as follows: pole#219716 to pole's#219714
& #F06676. The approximate location is shown on the attached map marked EXHIBIT "B" (the "Easement
Area"),and by this reference is incorporated into this easement. The ongoing grant of easement is not dependent
upon the poles maintaining their current numbering and is instead intended to apply to any replacement poles of similar
size and configuration.
2. ACCESS AND DAMAGE.Grantee shall have the right of access on,over and across the Easement Area 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,fence 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.
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 this3/ day of/I/44,264 ,20Z3
GRANTOR'S: CITY OF SPOKANE VALLEY
Signature of:William Helbi Community and Public Works Director)
STATE OF WASHINGTON)
)ss.
COUNTY OF SPOKANE )
I certify that I know or have satisfactory evidence that Bill Helbig is the person who appeared before me, and said
person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the
instrument and acknowledged it as this to be the free and voluntary act of such party for the uses and purposes stated
in the instrument.
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GRANTEE
Avista Cor ration
By:
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EXHIBIT A
Legal Description
Of the Property
THE UNNAMED ALLEY LOCATED BETWEEN AND ADJACENT TO LOTS 1
THROUGH 6, BLOCK 1 PARK ROAD ADDITION RECORDED IN BOOK 1 OF PLATS,
PAGE 38, RECORDS OF SPOKANE COUNTY, WASHINGTON IN THE NORTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 25 NORTH,
RANGE 43 EAST, WILLAMETTE MERIDIAN.
SITUATE IN THE CITY OF SPOKANE VALLEY, COUNTY OF SPOKANE, STATE OF
WASHINGTON.
RESERVING EASEMENTS FOR EXISTING UTILITIES WITHIN SAID UNNAMED
VACATED ALLEY
EXHIBIT B
Easement Area
35124.1401
WVLY SCH
DIST 363
Mission
#F06676
35131.0103
ERVIN THELMA E
#219714 35131.0102
WELSH RANDY L
AND SUSAN K
35131.0104
PETERSON ' -�
JOSEPHINE M I .„,
10' utility easement L
Ofor existing overhead
3 35131.0105 I 35131.0101 electric and
FITZPATRICK, 1 CREVELING, communications
ROBERT M TOMMY service (centered on
' facilities) running
north from pole
#219716 #219716 to pole's
MaX44e. 35131.0106 #219714 &#F06676.
HART 35131.0107
JACQUE RAE POWERS
STEPHEN R
t ti,
35131.0109 Maxwell
N ROUSE JOSEPH 35131.0108
NE % Section 13, T25N, R43E. W.M.
NOT TO SCALE (#111