7302870Easement-TemporaryConstructionPortionOf45044.9022After recording return document to:
City of Spokane Valley
10210 E. Sprague Ave.
Spokane Valley, WA 99206
08/17/2023 03:48:03 PM 7302870
Recording Fee $212.60 Page 1 of 10
Easement GOVERNMENT, CITY OF SPOKANE VALLEY
Spokane County Washington
111111"I I1lllll 1111M1 IIIIII It Ills lilt ill IIIIN 11111111 It] IIII IN
TEMPORARY CONSTRUCTION EASEMENT
Document Title: Temporary Construction Easement
q Grantor: East Valley School District No. 361
Grantee: City of Spokane Valley
Reference Number of Related Document: N/A
Abbreviated Legal Description: PTN SE1/4 of 4-25-44 EWM
See Exhibit A for Full Legal Description
Assessor's Tax Parcel Number: A portion of PTN 45044.9022
0 S'P39 o S'
RECITALS
r
A. Grantor, owns a parcel of real property fronting North Pines Road (Parcel Number
45044.9022) where Trent Elementary School is located (the "Property").
B. In connection with Grantee's right of way improvement project called the SR 290/SR 27 Pines
Rd BNSF Grade Separation Project (the "Project"), Grantee will acquire additional right of
way and construct roadway improvements along North Pines Road.
C. In connection with the right of way construction, Grantee will need to make temporary
encroachments from North Pines Road onto Grantor's Property in the area legally described
in Exhibit A, and depicted for illustrative purposes only in Exhibit B, attached hereto and
incorporated by reference.
D. Grantee's proposed temporary use of the Property is for a lawful purpose, complies with
existing local zoning ordinances, and Grantee will put forth reasonable effort to avoid
interfering with the conduct of Grantor's educational program and related activities.
NOW, THEREFORE, the parties agree as follows:
1. Grant of Temporary Construction Easement.
The Grantor, East Valley School District No. 361, which acquired title as School District
No. 118, for and in consideration of THIRTY ONE THOUSAND SIX HUNDRED EIGHTY
LPA-325
Rev. 1 /2023 1 FA No.
Parcel No. 45044.9022
EIGHT AND NO/100 ($31,688.00) DOLLARS, and other valuable consideration, conveys and
grants to Grantee, City of Spokane Valley, and its assigns, under imminent threat of the Grantee's
exercise of its right of Eminent Domain, the temporary right, privilege and easement over, upon,
and across the hereinafter described lands for the purpose of locating, constructing, improving,
grading, landscaping and other necessary work associated with the Project ("Temporary
Construction Easement" or "TCE"):
The lands subject to this TCE are situated in Spokane County, State
of Washington, and legally described in Exhibit "A" and depicted in
Exhibit "B", attached hereto and made a part hereof ("Temporary
Construction Easement Area" or "TCE Area").
2. Limitations on Use.
(a) Upon prior written notice to Grantor, Grantee may enter the TCE Area for the
construction of the Right of Way Improvements (the "Permitted Use"). Grantee shall
provide Grantor written notice no less than 14 days in advance of Grantee's intent to
exercise its rights under this TCE. At that time, Grantee will provide Grantor with a
schedule reflecting the time periods during which Grantee intends to use the TCE Area
for the Permitted Use;
(b) Grantee will maintain at least one access point to the parking area outside the TCE. If
Grantee's use of the TCE Area will restrict school district visitors and staff vehicle access
to a single access point, Grantee will provide a copy of a Traffic Management Plan to
Grantor prior to commencing the use;
(c) Such temporary construction activities shall, at all times, be performed by Grantee
(including its directors, officers, employees, agents, contractors, and representatives) in
a manner so as to prevent injury or death to all persons and damage or destruction to any
property;
(d) Such temporary construction activities shall, at all times, be undertaken by the Grantee
(including its directors, officers, employees, agents, contractors, contractors'
subcontractors, and representatives) in a manner that is in compliance with any and all
applicable federal, state and local laws;
(e) Grantee will take reasonable efforts to avoid disrupting school operations;
(f) Grantee will instruct their contractors to ensure any equipment, supplies, vehicles, or
other items kept or stored in the TCE Area are properly secured or otherwise contained
to ensure the safety of any students or school visitors.
3. Compliance with Permits and Clean Up
Grantee shall in all respects comply with any and all permits related to its use of Grantor's
Property. Upon completion of the Permitted Use, Grantee shall (i) remove all debris, materials,
goods, equipment, and construction byproducts or deposits from the Property and (ii) repair any
damage to the Property caused by or arising from the temporary use of the Property.
2 Parcel No. 45044.9022
LPA-325
Rev. 1/2023
4. Obstructions; Landscaping.
Grantee may from time to time remove vegetation, or other obstructions within the TCE
Area, and may level and grade the TCE Area to the extent reasonably necessary to carry out the
purposes set forth in paragraph 1 hereof, provided, that following any such work, Grantee shall,
to the extent reasonably practicable, restore the TCE Area to a condition similar to its condition
prior to such work.
5. Grantor's Use.
This TCE shall be exclusive to Grantee; provided, however, Grantor reserves the right to
use the TCE Area for any purpose not inconsistent with Grantee's rights.
6. Term.
The term of this TCE shall commence on the date of acceptance by Grantee and shall be
for a term of five years and terminate on May 30, 2028, or upon completion of project
construction, whichever occurs sooner, hereinafter the "Term".
7. Assignment; Termination.
(a) This TCE is not assignable.
(b) The Grantee and Grantor shall work together to correct any breaches of the terms or
conditions of this TCE.
(c) Grantee may cause, sanction, or otherwise permit its contractors (and such contractors'
subcontractors, of any tier) to exercise the rights herein granted to Grantee. Grantee shall
obtain from its contractors (or subcontractors if appropriate) proof of insurance and shall
cause the same to identify Grantor as additional insured.
8. Indemnity.
(a) By Grantee.
Grantee does hereby release, indemnify and promise to defend and save harmless Grantor
from and against any and all liability, loss, damage, expense, actions and claims to the extent
asserted or arising directly or indirectly on account of or out of wrongful or negligent acts, errors,
or omissions of Grantee and Grantee's officials, officers, employees, agents, contractors and
volunteers in the exercise of the rights granted herein; PROVIDED, HOWEVER, this paragraph
does not purport to indemnify Grantor against liability for damages arising out of bodily injury to
persons or damage to property to the extent caused by or resulting from the wrongful or negligent
acts, errors, or omissions, or other fault of Grantor or Grantor's officials, officers, employees,
agents, contractors and volunteers.
(b) By Grantor.
Grantor does hereby release, indemnify and promise to defend and hold harmless Grantee
Parcel No. 45044.9022
LPA-325
Rev. 1 /2023
from and against any and all liability, loss, damage, expense, actions and claims to the extent
asserted or arising directly or indirectly on account of or out of wrongful or negligent acts, errors,
or omissions of Grantor and Grantor's officials, officers, employees, agents, contractors and
volunteers in the exercise of the rights granted herein; PROVIDED, HOWEVER, this paragraph
does not purport to indemnify Grantee against liability for damages arising out of bodily injury to
persons or damage to property to the extent caused by or resulting from the wrongful or negligent
acts, errors, or omissions, or other fault of Grantee or Grantee's officials, officers, employees,
agents, contractors and volunteers.
9. Risk Assumption.
Grantee acknowledges that Grantor makes or gives no warranties or representations with
respect to the Property or the TCE Area and, in all respects, Grantee acknowledges that any and
all actions it takes in furtherance of the rights, benefits, and privileges granted to Grantee by this
TCE are taken at Grantee's sole risk and expense.
10. Successors and Assigns.
The rights and obligations of the parties shall inure to the benefit of and be binding upon
their respective successors in interest, heirs and assigns.
11. Notices. Notices required to be in writing under this Agreement shall be given as follows:
To Grantor: East Valley School District
Attn: Neale Rasmussen, Executive Director of Business Services
and Technology
To Grantee: City of Spokane Valley
Attn: Erica Amsden & Gloria Mantz
Notices shall be deemed effective, if mailed, upon the second day following deposit
thereof in the United States mails, postage prepaid, certified or registered mail, return receipt
requested, or upon delivery thereof if otherwise given. Either party may change the address to
which notices may be given by giving notice as above provided.
12. 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 of Spokane
Valley unless and until accepted and approved hereon in writing for the City of Spokane Valley,
by its authorized agent.
[SIGNATURES ON FOLLOWING PAGE]
4
LPA-325
Rev. 1 /2023
Parcel No. 45044.9022
IN WITNESS WHEREOF, the parties have executed this Temporary Construction
Easement on the date written below.
Dated: July 27 , 2023
East Valley School
District No. 361
By: 0 ,2
Name: Brian Talbott
Title: Superintendent
5 Parcel No. 45044.9022
LPA-325
Rev. 1 /2023
STATE OF WASHINGTON )
) ss.
COUNTY OF SPOKANE )
On this 2701
day of before me personally appeared
1 O and 1A to me known to be the
duly executed qualified and acting V'AA' br and N/A , respectively,
the Superintendent of East Valley Scl ool District No. 361 of City of Spokane Valley,
Spokane County, Washington, that executed the within and foregoing instrument and
acknowledged said instrument to be the free and voluntary act and deed of said School
District for the uses and purposes therein mentioned and each on oath stated that he was
authorized to execute said instrument by resolution of the Board of Directors of said
School District and that the seal affixed is the official seal of said School District.
GIVEN under my hand and official seal the day and year last above written.
.WES
EXP
S.
O
.o
co� NOTARY
�? O PUBLIC O
V O �F•E:
w-•.NO 2?.
WAS %% ``�•
LPA-325
Rev. 1 /2023
,-U
/14/ 4Ak(mAq
(SvAture o notary public)
Ko -C ('c
(Title of offict4
G, ^
My commission expires: ✓� [ /`Lo
(Use this space for notarial stamp/seal)
Parcel No. 45044.9022
Accepted and Approved
City of Spokane Valley
nn
By: I r 1
f �
Title: � ✓ o i Vic"
J Authorized Agent: G-101, M Un
7 Parcel No. 45044.9022
LPA-325
Rev.1/2023
STATE OF WASHINGTON )
) ss.
COUNTY OF SPOKANE )
On this 3� day of A\JC�6.1 } before me personally appeared
G k g,y-� .-A. VtZ rAZ and N A to me known to be the
duly executed qualified and acting and N {} , respectively,
of the City of Spokane Valley, Spoka e County, Washington, that executed the within and
foregoing instrument and acknowledged said instrument to be the free and voluntary act
and deed of said for the uses and purposes therein mentioned and each on
oath stated that5�Newas authorized to execute said instrument and that the seal affixed is
the official seal of said.a�n�_
GIVEN under my hand and official seal the day and year last above written.
CANDICE P HENDERSON
NOTARY PUBLIC #191323
STATE OF WASHINGTON
COMMISSION EXPIRES
APRIL 9.2025
(Use this space for notarial stamp/seal)
LPA-325
Rev. 1 /2023
i �'Vv
(Signature of notary public)
(Title of office)
My commission expires:
Parcel No. 45044.9022
EXHIBIT A
LEGAL DESCRIPTION
That portion of the Southeast Quarter of Section 4, Township 25 North, Range 44 East, W.M., in
Spokane County, Washington, described as follows:
Begin at the Southeast corner of said Section 4; thence Westerly, along the South line of said
Section 4, 30.00 feet to the West right-of-way line of Pines Road; thence NO2"42' 13 "W, along
said right-of-way line, 56.90 feet; thence S87°16' 46"W, 6.75 feet to the True Point of
Beginning; thence NO3°02' 49"W, 353.66 feet; thence N06°20'59"E, 56.35 feet to the West right-
of-way of Pines Road; thence NO2°42'11"W, along said West right-of-way, 63.55 feet; thence
S06020'59"W, 119.93 feet; thence S03°02' 49"E, 354.43 feet; thence N87016' 46"E, 10.00 feet to
the True Point of Beginning;
Situate in City of Spokane Valley, County of Spokane, State of Washington. (Contains 4,422
SF).
AND
That portion of the Southeast Quarter of Section 4, Township 25 North, Range 44 East, W.M., in
Spokane County, Washington, described as follows:
Begin at the Southeast corner of said Section 4; thence Westerly, along the South line of said
Section 4, 30.00 feet to the West right-of-way line of Pines Road; thence NO2°42' 13"W, along
said right-of-way line, 551.16 feet to the True Point of Beginning; thence S87°17' 47"W, 50.00
feet; thence NO2°42'13"W, parallel with the West right-of-way line of Pines Road, 70.00 feet;
thence N87°17' 47"E, 50.00 feet to the West right-of-way of Pines Road; thence S02°42'13"E,
along said West right-of-way, 70.00 feet to the True Point of Beginning;
Situate in City of Spokane Valley, County of Spokane, State of Washington. (Contains 3,500
SF).
For information purposes only: Portion of Parcel No. 45044.9022
Parcel No. 45044.9022
LPA-325
Rev. 1/2023
EXHIBIT B
DEPICTION OF TCE AREA
DOC. 36555
TEMPORARY CONSTRUCTION
EASEMENT, 3,500 SF
50'
APN 4504-4.9022
EAST VALLEY SD. a,
of
0 100 20 400 10' UTILITY
EASEMENT, DO,
SCALE: 1 "=100' 542920C, 1971
TEMPORARY CONSTRUCTION_
EASEMENT, 4,422 SF
io
tn
M
RIGHT-OF-WAY
3,08 SF
-L--1
�y N8713'51-'t � O.Ov>
j 100.31,
s .�
'
i�
G 53.83
4' BORDER
=56'11'2g", EASEMENT
l I
L=26.97' TO SPOKANE
R=27.50 VALLEY
03
DOC.
#'5531549
10' UTILITY
EASEMENT
PARCEL NO.
45033.5009
I
10' DRAINAGE
EASEMENT
DOC. #4406974
1
I
10' WATER
ih ap
—
EASEMENT
d co
o k
,
PARKING AND DRAINAGE
LO
z
EASEMENT DOC. 5623922
N8716'15"E
l,
237.50'
rn
V r
z Ili PARCEL NO. 04
SC3 42 5' a'
COSV EASEMENT
45033.9120
DOC. 6521099
30'
EASEMENT, PER SH.5
OF 30' ` 7 &-90'01'55',
5 OF WSDOT PLANS,
SR 6 7 I R=54. 0• 183,4T
27, SR 90 TO SR 290
i `L _
�
Lu Prypy
WSDOT SEWER & ACCESS
4 � N87 W52"E
EASEMENT, AFN 4587584
�
13 79' 72.03 ! - _ — — --
"
9! 10 1'35.61'
S8Y2—dO W S44-37'44"W
RB3 __�_
24' BORDER
27.89'
_.._
EASEMENT
W. TEMPORARY CONSTRUCTION EASEMENT
yi.......?
mow. o�«..
EXHIBIT
Founded 1946
6impson E ineers Inc.
+., 34151
`�r'rsT
CIVIL ENGINEERS & LAND SURVEYORS
ARGONNE ROAD, SPOKANE VALLEY WA., 99212-2789
N, 909
+� LAtro
PHONE (509) 986-1322 FAX (509) 926-1323
10