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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 11111111111111111111111111111111111111111111111111111111111111 IIII IIII RETURN ADDRESS: > ,< ---� 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. Pt.E.Exe1MTe Da* Books +Qi re lift �z 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. ,,`o `,,,,, '4/� tiI Signature v Oi` 20ZA } 'A�'•� �dr�.e_-s_ �P zcx-s-v� 191236 ,, \, p ; Print Name Ot -In'h„°I"0""\s _ Notary Public for the State of //IIII OF w AS? `` Residing at ke a o Ski . My Commission Expires �` � ' Z 5 GRANTEE Avista Cor ration By: Its: / E-Shrie. r , 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