22-072.00 WSDOT TB 6-0036 AgreementAdw
� Washington State
�I/ Department of Transportation
Turnback Agreement
Local Agency and Address
(Construction Complete)
City of Spokane Valley
10210 E. Sprague Ave.
Spokane Valley, WA 99206
Agreement Number
Location
TB 6-0036
Spokane to Greenacres
State Route Number
Control Section
Region
090
3201
Eastern
This Agreement is between the Washington State Department of Transportation, hereinafter "WSDOT," and
City of Spokane Valley , hereinafter the "Local Agency;" collectively hereinafter the "Parties."
Recitals
1. WSDOT constructed or improved a section of the state route as identified above, hereinafter referred to as the "Project."
2. WSDOT has acquired right-of-way needed to construct, reconstruct, or rearrange the state route and/or certain streets or
roads, frontage roads, access roads, intersections, ramps, crossings, and /or other roadway features, hereinafter referred to as
"Roadway Facilities."
3. Certain right-of-way and Roadway Facilities, as shown on Exhibit A, attached hereto and made a part hereof, will require
maintenance, operation, and ownership transfer from WSDOT to the Local Agency.
4. WSDOT and Local Agency enter into this Agreement to identify the process of Roadway Facilities and right-of-way maintenance,
operation, and ownership transfer.
Now, Therefore, pursuant to
Z✓ (City or Town) RCW 36.75.090 and/or RCW 47.52.210,
❑ (County) RCW 36.75.090 and WAC 468-18-040, "Design standards for rearranged county roads, frontage
roads, access roads, intersections, ramps and crossings,"
(County) RCW 36.75.090 and WAC 468-30-070 — "Procedure for transfer of abandoned state highway to
counties"
❑✓ (City) RCW 36.75.090 and RCW 47.24.010 and WAC 468-30-075 - "Procedure for transfer of abandoned
state highways to cities and towns"
It Is Mutually Agreed As Follows:
1. Acceptance, and Transfer of Operation And Maintenance
1.1 The Local Agency, by signing this Agreement, immediately accepts responsibility for the right of way and Roadway Facilities as
identified in Exhibit A and relieves WSDOT from all responsibilities for the operation, maintenance, and reconstruction of the right
of way and its Roadway Facilities until such time as the full ownership of the right of way and Roadway Facilities are conveyed
by deed pursuant to Section 2.
1.2 The Local Agency agrees to accept ownership of the right of way and Roadway Facilities as shaded, where applicable, on Exhibit
A, as follows:
Red Indicates access control and access rights to be retained by WSDOT
Blue (light) Indicates Roadway Facilities and right of way to be conveyed in fee to the
Local Agency
Yellow Indicates easements to be conveyed to the Local Agency
Green Indicates Roadway Facilities and right of way to be conveyed in fee to the Local
Agency subject to easements(s)
2. Recorded Conveyance
DOT Form 224-241
Revised 01/2020
2.1 Within one year following the execution of this Agreement, WSDOT will furnish the Local Agency with a recordable conveyance
of right of way, including the Roadway Facilities constructed thereon, as shown on the plans marked Exhibit A. The conveyance
will be recorded pursuant to RCW 65.08.095. The Parties agree that sections 2.2, 2.3, 2.4 (if checked), and 2.5 herein shall be
included in the conveyance document.
❑ 2.2 The Local Agency understands and agrees that the above -referenced property is transferred
for road and street purposes only. The Local Agency shall not vacate, sell, rent or use the
property (or any portion thereof) for non -transportation uses without first obtaining WSDOT's
prior written approval. The Local Agency agrees on behalf of itself and its successors or
assigns, not to revise either the right of way lines or the access control without first obtaining
WSDOT's prior written approval. Should WSDOT authorize the vacation, sale, rental or use of
the property (or any portion thereof) for non -transportation uses, the Local Agency agrees at its
cost to determine by appraisal the fair market value/economic rent of the property (or any
portion thereof), and the Local Agency and state of Washington agree to proportionally share in
the value of the property in the same proportion as the purchase costs were shared.
❑✓ 2.3 The Local Agency agrees to comply with, and require its successors or assigns to comply with,
all civil rights and anti -discrimination requirements of chapter 49.60 RCW, as to the right of way
and Roadway Facilities to be conveyed.
❑✓ 2.4 Limited Access Highway - The Local Agency understands and agrees that WSDOT is retaining
ownership of all rights of ingress and egress, to, from and between the above referenced state
highway route and/or Roadway Facilities and the properties abutting said state highway route
and/or Roadway Facilities, including all rights of access, light, view and air, and access control
as shown by the access prohibition symbol and as shaded pursuant to Section 1.2, above,
along the above referenced state route and/or Roadway Facilities right of way and along
abutting properties on the right of way access plans marked as Exhibit A. The Local Agency,
its successors or assigns, shall have no right of ingress or egress between the above
referenced state route and abutting properties, or the state route and the lands herein conveyed
that show the access prohibition symbol and as shaded pursuant to Section 1.2, above. The
Local Agency, its successors or assigns, shall not be entitled to compensation for any loss
of access, light, view, or air occasioned by the location, construction, reconstruction,
maintenance, or operation of the above referenced state route and/or Roadway Facilities.
2.5 The Local Agency, on behalf of itself and its successors or assigns, waives and/or releases WSDOT from any past, present,
or future claims for damages directly or indirectly caused by highway drainage or runoff, and further the Local Agency, its
successors or assigns, shall have no right of compensation for damages to the property herein conveyed caused directly or
indirectly by highway drainage or runoff.
2.6 The Local Agency agrees to accept the deed transferring ownership to the Local Agency subject to all matters of record.
�✓ 2.7 Limited Access Highway - The Local Agency understands and agrees that WSDOT is retaining ownership of all
rights of ingress and egress, to, from and between the above referenced state highway route and/or Roadway
Facilities and the properties abutting said state highway route and/or Roadway Facilities, including all rights of
access, light, view and air, and access control as shown by the access prohibition symbol and as shaded pursuant to
Section 1.2, above, along the above referenced state route and/or Roadway Facilities right of way and along abutting
properties on the right of way access plans marked as Exhibit A. The Local Agency, its successors or assigns, shall
have no right of ingress or egress between the above referenced state route and abutting properties, or the state
route and the lands herein conveyed that show the access prohibition symbol and as shaded pursuant to Section 1.2,
above. The Local Agency, its successors or assigns, shall not be entitled to compensation for any loss of access,
light, view, or air occasioned by the location, construction, reconstruction, maintenance, or operation of the above
referenced state route and/or Roadway Facilities.
2.8 The Local Agency, on behalf of itself and its successors or assigns, waives and/or releases WSDOT from any past,
present, or future claims for damages directly or indirectly caused by highway drainage or runoff, and further the
Local Agency, its successors or assigns, shall have no right of compensation for damages to the property herein
conveyed caused directly or indirectly by highway drainage or runoff.
2.9 The Local Agency agrees to accept the deed transferring ownership to the Local Agency subject to all matters
of record.
DOT Form 224-241
Revised 01/2020
In Witness Whereof, the Parties hereto have executed this Agreement as of the Party's date last written below.
Washington State
Local Agency
Department of Transportation
Digitally signed by Mike Gribner
Signature: ��
Signature: /� Date: 2022.04.2207:43:01-07'00'
By: John Hohman
By: Mike Gribner P.E.
Print Name
Print Name
Title: City Manager
Title: Regional Administrator
Date: Y -r?- ZZ
Date: 4/22/2022
DOT Form 224-241
Revised 01/2020
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