7385559Easement-TemporaryLaBerryMobileHomePark 11/21/2024 03:22:03 PM 7385559
Recording Fee $312.50 Page 1 of 10
Easement SPOKANE, COUNTY TITLE COMPANY
Spokane County Washington
111111110111 II IIIII III,111111I111111IIII IIII1111 III11111111111 III 1111 III
After recording return document to:
City of Spokane Valley
Attn: Engineering Services
10210 E. Sprague Ave.
Spokane Valley,WA 99206
Document Title: Temporary Easement
Reference Number of Related Document:
Grantor: Mangalam Assets,LLC
Grantee: City of Spokane Valley
Legal Description: Ptn. of Lot 3 Blk 7 La Berry Mobile Home Park
Additional Legal Description is on Page 4 of Document.
c.. Assessor's Tax Parcel Number: Ptn. of 55173.3801
rri ^s..
1'e^
TEMPORARY EASEMENT
• It,. Barker Road Improvements Project
MANGALAM ASSETS, LLC, a Washington limited liability company ("Grantor"),
for and in consideration of SEVEN THOUSAND FIVE HUNDRED TWENTY AND NO/100
($7,520.00) DOLLARS, and other valuable consideration, conveys and grants unto the CITY
OF SPOKANE VALLEY, a Washington municipal corporation, and its assigns
f.;
("Grantee"),under the imminent threat of the Grantee's exercise of its right of Eminent Domain
the right, privilege and easement over, upon, and across the hereinafter described Easement
Area for the purpose of temporary construction by Grantee and/or its contractor(s)in connection
with construction work on the South Barker Road Corridor Project (the "Temporary
Easement"). In no event may Grantee use the Easement Area for the storing of any equipment.
Grantor is the owner of certain lands being situated in Spokane County, State of
Washington, and described as follows (the"Property"):
For legal description and additional conditions
See Exhibit A attached hereto and made a part hereof.
Grantor grants Grantee the Temporary Easement over a portion of the Property more
Project No.0351
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TEMPORARY EASEMENT
particularly described in Exhibit B attached hereto, and depicted in Exhibit C attached hereto
(the"Easement Area").
The following apply to this Temporary Easement and are binding on Grantor and
Grantee:
1. This Temporary Easement shall commence upon mutual execution of this
Temporary Easement and shall terminate on the earlier of completion of all construction work
on the above-described Easement Area or May 1st, 2029, whichever event first occurs,
hereinafter the "Term". Notwithstanding the foregoing and/or anything to the contrary in this
Temporary Easement, upon the date Grantee commences work within the Easement Area (the
"Commencement Date"), Grantee shall have one hundred twenty (120) consecutive days to
complete any and all construction work (the "Construction Period"). Upon termination of the
Construction Period,any and all rights Grantee has under this Temporary Easement shall cease.
Within thirty (30) days of termination of this Temporary Easement, Grantee shall clear the
Easement Area and restore the Property in accordance with Section 7 hereof. Notwithstanding
the foregoing, Grantee's liability for acts or omissions occurring prior to termination of this
Temporary Easement shall survive such termination.
Notwithstanding anything to the contrary in this Temporary Easement, this Temporary
Easement shall automatically terminate in the event that (i) Grantee has lost funding for the
project,or(ii)Grantee does not complete the Temporary Laberry Access as provided in Section
2 below.
2. Grantee shall provide Grantor and Grantor's tenant at least ninety (90) days prior
written notice of the anticipated Commencement Date and any closure of Barker Road. Prior to
the Commencement Date and any closure of Barker Road, Grantor shall, at Grantor's sole cost
and expense, complete or cause to be completed the creation of a temporary paved access road
connecting East Laberry Drive to East Appleway Avenue, as shown on Exhibit D attached
hereto and made a part hereof (the "Temporary Laberry Access"). The completion of the
Temporary Laberry Access shall be performed in a good, workmanlike manner in accordance
with all necessary approvals, permits, licenses, and authorizations necessary for the applicable
work. The parties and acknowledge and agree that the completion of the Temporary Laberry
Access is a material inducement for Grantor to enter into this Temporary Easement,and without
such commitment,Grantor would not have entered into this Temporary Easement.Grantee shall
not close or obstruct Barker Road until the Temporary Laberry Access is completed. Nothing
herein shall be construed as limiting the Temporary Laberry Access to the Grantor. The public,
including the Grantor, shall be allowed to utilize the Temporary Laberry Access.
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TEMPORARY EASEMENT
3. Grantee's exercise of the easement rights shall be conducted, at all times, so as to
minimize any disruption in the business activities of the tenant occupant of the Property. The
foregoing shall include, without limitation, ensuring that both East Appleway Avenue and the
Temporary Laberry Access are unobstructed at all times during construction, proper signage,
and marking of the Easement Area. Grantor shall put up directional signage along East
Appleway Avenue, the Temporary Laberry Access, and East Laberry Drive to show the
rerouted ingress and egress to the Property.
4. Grantor reserves the right to use and permit the use of the Property so long as such
use does not unreasonably and materially interfere with Grantee's rights hereunder. Nothing
herein shall prohibit Grantor from periodically and temporarily blocking all or some portion of
the Property, provided such blocking does not unreasonably and materially interfere with
Grantee's rights hereunder.
5. Grantee shall exercise its rights under this Temporary Easement in accordance with
the requirements of all applicable statutes,orders,rules,and regulations of any authority having
jurisdiction. Grantee agrees to defend, indemnify and hold harmless Grantor, and Grantor's
tenant, from and against any loss, cost (including attorney's fees), claim, damage, lien, or
liability to Grantor or Grantor's tenant arising in any manner out of Grantee, its agents,
contractors, and permitees' exercise of the easement rights herein granted. Grantee's
obligations under this indemnity shall not apply to the extent that any such loss, cost, claim,
damage, lien, or liability arises from the negligence or willful misconduct of Grantor, or
Grantor's employees, agents, and contractors. Grantor and Grantor's tenant shall have no
liability to Grantee or any third parties arising out or related to Grantee's exercise of these
easement rights.
6. This Temporary Easement is granted subject to all prior easements,exceptions and
other matters of record on title with respect to the subject property. Grantee accepts the
Easement Area in its "as is" condition and acknowledges that Grantor makes or gives no
warranties or representations with respect to the Property (including, but not limited to, the
condition of the Easement Area or existence or absence of conditions upon or within the
Easement Area). Grantee expressly releases Grantor from liability for injuries by any defect
(whether known or unknown) to person(s) using the Temporary Easement before the
Temporary Easement expires.
7. All costs of maintenance and repair to Grantor's property required as a result of
Grantee's access and uses of this Temporary Easement shall be the sole responsibility and cost
of Grantee, the same to be completed within a reasonable time after completion of the South
Barker Road Corridor Project and in a good and workman-like manner. Subject to Section 1
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TEMPORARY EASEMENT
above,in the event any of the Property is disturbed or damaged by any of Grantee's work,upon
completion of Grantee's work, Grantee shall promptly restore the Property to a condition that
is as good as or better than that which existed prior to Grantee's use. During the Term, Grantee
shall maintain the Easement Area in a safe and sanitary condition.
8. Grantee shall not suffer or permit to be enforced against the Property any
mechanics, materialmen's or contractors liens or any judgment or claim for damage arising
from Grantee's work or its exercise of its rights hereunder (collectively, the "Liens"). If any
such Lien is claimed, Grantee shall cause the same to be removed from title to the Property
within thirty(30) days after receiving notice of such Lien and in all events before any action is
brought to enforce the same against the Property.
9. Grantor (including Grantor's successors and assigns) shall have the following
remedies against Grantee for violations of this Temporary Easement:
a. If Grantee fails to observe or perform any of the terms, conditions,
obligations, restrictions and covenants contained in this Temporary
Easement and such noncompliance continues for more than ten (10) days
after notice thereof from Grantor, then such noncompliance shall be
considered an event of default ("Default"). For purposes of clarity, any
Default shall not extend the Term of this Temporary Easement.
b. Grantor shall be entitled to all remedies in law or in equity against Grantee,
including without limitation the right: (1)to compel specific performance by
Grantee of its obligations under this Temporary Easement, (2)to restrain by
injunction the actual or threatened commission or attempt of a breach of this
Temporary Easement; and(3)to obtain an award of damages resulting from
violation of this Temporary Easement.
10. During the Term of this Temporary Easement, Grantee and Grantee's contractors
and subcontractors (working on behalf of Grantee within the Easement Area) must maintain
commercial general liability insurance with reasonable limits of liability covering Grantee,
Grantee's tenant, and their officers, directors, agents, and employees as to the exercise of
Grantee's rights under the Temporary Easement within the Easement Area. Grantee must
provide Grantor, on request, certificates of insurance evidencing such coverage. Grantee may
provide the coverage required herein under blanket policies provided that the coverage is not
diminished as a result. The insurance described in this Section shall be endorsed to name
Grantor as an additional insured and contain a waiver of subrogation by its insurance carrier
against Grantor and Grantor's insurance carrier.
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TEMPORARY EASEMENT
11. If either the Grantor or Grantee commence any litigation or other proceedings to
enforce or interpret this Temporary Easement grant, then the prevailing party in such
proceedings will be entitled to recover from the other party their reasonable attorney fees and
other costs incurred by the prevailing party in such proceedings, including any appeal thereof.
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.
Date: toll 8 L2 D 24
MANGALAM ASSETS,LLC
a Washington limite li ty company
Its: VCA))<Pr'T 'L-SR.-A 74 3fA-A11 4ANM 'AtC% MEm1)EL
Accepted and Approved
CITY OF SPOKANE VALLEY
By: �G'`J
Title: i✓l ►rv\ Pw19iC 141°P DI R dwr
Date: i0- 31^21
1
LPA-325 Page 5 of 10 Pages Parcel No.5.5173.3801
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TEMPORARY EASEMENT
STATE OF L\6Sk 4in )
�rr : SS
County of L,t( (L— )
ch VtaacttaActio S cola r aYY\ah to v1
I certify that I know or have satisfactory evidence that (name of person) is
the person who appeared before me, and said person acknowledged that(he/she) signed this
instrument, on oath stated that(he/she)was authorized to execute the instrument and
acknowledged it as the nlrulao�'hqder(type of authority, e.g., officer,trustee, etc.) of
MANGALAM ASSETS, LLC fo be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
(SEAL) _ -
Notary Public i and for the State of 11
Washington, residing at Nj.)..Ir 1 - ` t.tif
PATRICIA GASTINEAU
State
Noof Washintary gton c ( My commission expires , ,�� 7 ,
Commission# 186158
My Comm. Expires Jul 7, 2028
LPA-325 Page 6 of 10 Pages Parcel No.55173.3801
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•
TEMPORARY EASEMENT
EXHIBIT"A"
LOT 3. BLOCK 7. LA BERRY MOBILE HOME PARK. AS PER PLAT RECORDED IN VOLUME 8 OF
PLATS. PAGE 63, RECORDS OF SPOKANE COUNTY:
EXCEPT THE EASTERLY 38.00 FEET THEREOF:
AND EXCEPT THAT PORTION OF LOT 3. BLOCK 7, DEEDED TO THE CITY OF SPOKANE VALLEY
BY RIGHT OF WAY DEED RECORDED UNDER AUDITOR'S FILE NO. 7238137, RECORDED
SEPTEMBER 09, 2022. LYING SOUTHERLY AND WESTERLY OF THE FOLLOWING DESCRIBED
LINE:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 3:
THENCE SOUTH 00'18'32" EAST 153.78 FEET ALONG THE EAST LINE OF SAID LOT 3 TO THE
BEGINNING OF 20.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY:
THENCE ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 63°35'11" AN ARC LENGTH OF
22.20 FEET TO THE NORTH LINE OF THE SOUTH 3.00 FEET OF SAID LOT 3:
THENCE ALONG SAID NORTH LINE OF THE SOUTH 3.00 FEET THE FOLLOWING TWO COURSES:
1) NORTH 84'18'59" EAST 126.15 FEET TO THE BEGINNING OF A 157.99 FOOT RADIUS CURVE.
CONCAVE NORTHERLY:
2) THENCE ALONG SAID CURVE,THROUGH A CENTRAL ANGLE OF 32'34'25" AN ARC LENGTH
OF 89.82 FEET TO THE WEST LINE OF THE EAST 38.00 FEET OF SAID LOT 3:
THENCE SOUTH 33'39'53" EAST 3.01 FEET ALONG SAID WEST LINE OF THE EAST 38.00 FEET TO
THE SOUTHERLY LINE OF SAID LOT 3 AND THE TERMINUS OF THE LINE DESCRIPTION:
SITUATE IN THE CITY OF SPOKANE VALLEY, COUNTY OF SPOKANE, STATE OF WASHINGTON.
LPA-325 Page 7 of 10 Pages Parcel No.55173.3801
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TEMPORARY EASEMENT
EXHIBIT B
LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT:
That portion of Lot 3,Block 7,La Berry Mobile Home Park,as per plat recorded in Volume 8 of Plats,
page 63,records of Spokane County described as follows;
Commencing at the Northwest corner of said Lot 3;
Thence North 69°18'06"East,on the North line of said Lot 3,a distance of 23.08 feet to a point
22.00 feet east of the West line of said Lot 3 and the Point of Beginning;
Thence South 3°06'24"East,parallel with said west line,a distance of 150.23 feet to the
beginning of a 21.50 foot radius curve,concave to the northeast;
Thence southeasterly on said curve,through a central angle of 90°00'00',an arc distance of
33.77 feet;
Thence North 86°53'36"East,a distance of 41.31 feet to a point 3.00 feet north of the South line
of said Lot 3;
Thence North 81°31'07"East,parallel with the South line of said Lot 3,a distance of 3.69 feet;
Thence North 8°28'53"West,a distance of 5.00 feet;
Thence South 81°31'07"West,parallel with the South line of said Lot 3,a distance of 3.45 feet;
Thence South 86°53'36"West,a distance of 41.07 feet to the beginning of a 16.50 foot radius
curve,concave to the northeast;
Thence northwesterly on said curve,through a central angle of 90°00'00',an arc distance of
25.92 feet to a point 27.00 feet east of the West line of said Lot 3;
Thence North 3°06'24"West,parallel with the West line of said Lot 3,a distance of 66.00 feet
Thence North 86°53'36"East,a distance of 15.00 feet;
Thence North 3°06'24"West,parallel with the West line of said Lot 3,a distance of 50.00 feet;
Thence South 86'53'36"West,a distance of 15.00 feet;
Thence North 3°06'24"West,parallel with the West line of said Lot 3,a distance of 35.82 feet to
the North line of said Lot 3;
Thence South 69°18'06"West,on said North line,a distance of 5.25 feet to the Point of
Beginning;
Situate in the City of Spokane Valley, 'ZT,1i'
County of Spokane,State of Washington. , ?.•at▪ wAsti.. �
Containing 1880 square feet,more or less. :I.
- ....
24
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LPA-325 Page 8 of 10 Pages Parcel No.55173.3801
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TEMPORARY EASEMENT
EXHIBIT C
P�F�AI Py% 55173.2901
PP/ ' SPOKANE COUNTY /
F T1Asy �'y\
/ � joA
\ \-
LEGAL DESCRIPTION ;y I z;
�J POINT OF BEGINNING :_
,6 27329 _C 'rt/
f NORTH UNE /- ' s, Gin ES''.•"¢�j
OF LOT �� P�� �� AL t xNSi�'l,
6"
1-A\ ...•.�.«.«.F.,gar
r169' 8%
f /
1 30.0' 2300 5.25' NO3'06'24"W 3‘b \\
30.0' 35.82' \
15.00' $86'53'36"W \\
RIGHT OF NJAY 22.0 TEMPORARY \
DEDICATION CONSTRUCTION \
1 1 20.0' EASEMENT \
o N�p ±1680 SOFT �0 OC�cx�1 \
m N O O �.\- gF' q
\.;" _
Q Z
�A 55173.3801 ` 4''
3 3 W 15.00' N86'53'36"E MANGALAM
I z 3 NO3'06'24"W 66.00' ASSETS, LLC
N
P x
n CC �} ,� R-16.50'
L=25.92' N
z m ) o a=90'0O'00"
J 1 S86'53'36"W 41.07'
22.0' S81'31'07"W 3.45'
�__..- N08'28'53"W i
PJ' 130.0' 5.00' _.-
�� LA
R=20.00' -.' _ _�._ 1/1
- O
A=63'35'11" _- N81'31'07"E 3.69' - i
CHORD:
R=21.50' N86'53'36"E 41.31'
N34'53'59"W S81'31'07"W
--- DRIVE
A=90'00'00"
_ __61'31'07"E LaBERR /
30.0' SOUTH 3 J)
OF LOT
3
i ' V AttEY WAY
-
TEMPORARY CONSTRUCTION EASEMENT
R1= N23'18'25"E (RADIAL)
sr JF• NtS EXHIINT E AWN BY:DZ
DATE:DEC.15,2022 J08 is WA-4046
BARKER ROAD AND LABERRY DRIVE
0 25 50
100 Horrocks.
SCALE: 1" = 50'
714 N. IRON BRIDGE, 0201, SPOKANE, WA (509) 747-6790
LPA-325 Page 9 of 10 Pages Parcel No.55173.3801
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1
TEMPORARY EASEMENT
EXHIBIT D
Temporary Laberry Access
i CCcaCe TEMPORARY LABERRY ACCESS
IY
ILI
Y
m � P.IE `\r � Pve
PQQ4gvy P 30'--'.\ ,, gER�
1
•••i•i•i^xARBOR CIR
r-•.• . PARCEL �� . ._..__fie
1 i•.st%* 55Pr• 173.3801 '1 � j]Qy.
n 0iA,e,�4 — '" PIE' BARKERQ• r
t P s1p• 01R.� SPRAGUE T• OLA
god �. APPLEWAY 1
Y EXHIBIT 0
P. TEMPORAY LABERRY
♦, BARKER ROAD ACCESS
CLOSURE AREA
PROJECT NO.0351
VALLE` NAY Cl SCALE:r=80
u f DRAWN BY: RPB 10116/24
CHECKED BY:RAL 10/16/24
LPA-325 Page 10 of 10 Pages Parcel No.55173.3801
Rev.5/2021