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Easement GOVERNMENT, CITY OF SPOKANE VALLEY
Spokane County Washington
IIIIII 1IU 1 I 1 III IIIIIII III II II E IIIII IIIII III IIIII I II I I IIIII IIII 1IL
After recording return document to:
City of Spokane Valley
Attn: Engineering Services
10210 E. Sprague Ave.
Spokane Valley, WA 99206
Document Title: Temporary Construction Easement
Reference Number of Related Document:
Grantor: City of Spokane Valley
Grantee: AT&T Enterprises, LLC
Legal Description: PTN NE1/4 10-25-44 NLY 300' OF NE1/4 MEAS @ RANG TO
;M` ." NLY LN OF NE1/4 LYG ELY OF ELY ROW OF MIR.ABEAU PKWY & WLY OF WLY
ROW OF INLAND EMPIRE PAPER CO RAILWAY (See full legal description in
Exhibit A)
Assessor's Tax Parcel Number: Ptn. of 45101.9068
sa TEMPORARY CONSTRUCTION EASEMENT
CITY OF SPOKANE VALLEY, a Washington municipal ("Grantor"), for and in
consideration of SEVEN HUNDREAD SEVEN AND 33/100 ($707.33) DOLLARS, and
other valuable consideration, the receipt of which is hereby acknowledged, grants to
AT&T Enterprises, LLC, a Delaware limited liability company, successor to AT&T Corp.
("Grantee"), subject to the terms and conditions set forth hereinafter and incorporated
by reference, a Temporary Construction Easement upon the following described real
property, situated in the City of Spokane Valley, Spokane County, State of Washington,
to wit:
PTN NE1/4 10-25-44 NLY 300' OF NE1/4 MEAS @ RANG TO NLY LN OF NE1/4
LYG ELY OF ELY ROW OF MIRABEAU PKVVY & VVLY OF WLY ROW OF INLAND
EMPIRE PAPER CO RAILWAY (See full legal description of Temporary Easement
Area in Exhibit A incorporated herein by reference)
known hereinafter as the "Temporary Easement Area", a map of which is attached
hereto and incorporated by reference as Exhibit B, for the purpose of constructing and
installing Grantee's telecommunication facilities within the area denoted in the Deed
for Non-Exclusive Utility Easement, Reference Number , until such
construction and installation is complete or December 31 , 2024 whichever occurs first,
after which all rights granted hereunder to the Grantee shall cease.
The foregoing Temporary Construction Easement (hereinafter the "Temporary
Easement") is made subject to and upon the following express conditions, which shall
be binding on the 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 for the purposes described in the Temporary Easement or
December 31S', 2024, 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, Grantee shall have 90 consecutive days to complete any
and all construction work (the "Construction Period"). Upon termination of
the Construction Period or the Term, 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 6 hereof. Notwithstanding
the foregoing, Grantee's liability for acts or omissions occurring prior to
termination of this Temporary Easement shall survive such termination.
2. Grantee's exercise of the easement rights shall be conducted, at all times,
so as to minimize any disruption to the Grantor or members of the public.
3. Grantor reserves the right to use and permit the use of the Temporary
Easement Area 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
Temporary Easement Area, provided such blocking does not unreasonably
and materially interfere with Grantee's rights hereunder.
4. 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 including but not limited
to obtaining any necessary permits for the Grantee's activities. Grantee
shall, at its sole expense, defend, indemnify, and hold harmless Grantor and
its officers, agents, and employees, from any and all claims, actions, suits,
liability, loss, costs, attorney's fees, costs of litigation, expenses, injuries, and
damages of any nature whatsoever relating to or arising out of the wrongful
or negligent acts, errors, or omissions in the exercise of Grantee's rights
granted herein by Grantee, Grantee's agents, subcontractors,
subconsultants, and employees to the fullest extent permitted by law.
PROVIDED, however, in the event of liability for damages arising out of
bodily injury to persons or damages to property caused by or resulting from
the concurrent negligence of the Grantee and the Grantor, its officers,
officials, employees, and volunteers, the Grantee's liability, including the
duty and cost to defend, hereunder, shall be only to the extent of the
Grantee's negligence. It is further specifically and expressly understood that
the indemnification provided herein constitutes the Grantee's waiver of
immunity under Industrial Insurance, Title 51, RCW, solely for the purpose
of this indemnification. This waiver has been mutually negotiated by the
parties. The provisions of this section shall survive the expiration or
termination of this Temporary Easement.
5. 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 Temporary 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 Temporary Easement Area or existence or absence of
conditions upon or within the Temporary Easement Area). Grantee
expressly releases Grantor from liability for injuries by any defect (whether
known or unknown) to person(s) using the Temporary Easement for its
intended purpose before the Temporary Easement expires.
6. All maintenance and repair of the Grantor's property, including the
Temporary Easement Area, 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 thirty (30) days of termination of
this Temporary Easement, whether by the reaching the end of the Term or
the Construction Period. Notwithstanding the foregoing, Grantee's liability
for acts or omissions occurring prior to termination of this Temporary
Easement shall survive such termination. Grantee's duty to maintain and
repair at its own cost includes but is not limited to any event where the
Grantor's property, including the Temporary Easement Area, is disturbed or
damaged by any of Grantee's work. During the Term, Grantee shall maintain
the Temporary Easement Area in a safe and sanitary condition.
7. Grantee shall not suffer or permit to be enforced against the Grantor's
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 Grantor's 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 Grantor's property.
8. 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.
9. Anytime notice is required to be given, notice shall be in writing and is
deemed to have been given three days after mailing. The Grantee and
Grantor may agree to accept notice by email on a case-by-case basis, where
the recipient affirmatively acknowledges receipt, and affirmatively waives
notice by mail. Any notice required to be given shall be given to the following:
TO GRANTOR: TO GRANTEE:
Name: Marci Patterson, City Clerk Name: Christopher J. Och
Phone: (509) 720-5000 Phone: 678-627-5335
Address: 10210 East Sprague Avenue Address: 3450 Riverwood Parkway SE
Spokane Valley, WA 99206 Email: co1471@att.com
10.Insurance. Grantee, and any of its contractors, or subcontractors doing work
pursuant to this Temporary Easement shall procure and maintain for the
duration of the Temporary Easement, insurance against claims for injuries
to persons or damages to property which may arise from or in connection
with the exercise of the rights, privileges and authority granted hereunder to
Grantee, its agents, representatives or employees.
Grantee's maintenance of insurance as required by this Temporary
Easement shall not be construed to limit the liability of the Grantee to the
coverage provided by such insurance, or otherwise limit the Grantor's
recourse to any remedy available at law or in equity.
A. Automobile Liability insurance with limits no less than $1,000,000
Combined Single Limit per accident for bodily injury and property damage.
This insurance shall cover all owned, non-owned, hired or leased vehicles
used in relation to this Temporary Easement. Coverage shall be written on
Insurance Services Office (ISO) form CA 00 01 or a substitute form
providing equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage; and
B. Commercial General Liability insurance shall be written on
Insurance Services Office (ISO) occurrence form CG 00 01, or a substitute
form providing equivalent liability coverage acceptable to the Grantor, and
shall cover products liability. The Grantor shall be named as an insured
under the Applicant's Commercial General Liability insurance policy using
ISO Additional Insured-State or Political Subdivisions-Permits CG 20 12 or
a substitute endorsement acceptable to the Grantor providing equivalent
coverage. Coverage shall be written on an occurrence basis with limits no
less than $2,000,000 Combined Single Limit per occurrence and $2,000,000
general aggregate for personal injury, bodily injury and property damage.
Coverage shall include but not be limited to: blanket contractual;
products/completed operations; broad form property; explosion, collapse
and underground (XCU); and Employer's Liability.
The insurance policies are to contain, or be endorsed to contain, the
following provisions for Commercial General Liability insurance:
1. The Grantee's insurance coverage shall be primary insurance with
respect to the Grantor. Any insurance, self-insurance, or insurance pool
coverage maintained by the Grantor shall be in excess of the Grantee's
insurance and shall not contribute with it.
2. The Grantee's insurance shall be endorsed to state that coverage shall
not be cancelled, except after 30 days prior written notice has been given
to the Grantor.
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than A:VII.
Grantee shall furnish the Grantor with original certificates and a copy of any
amendatory endorsements, including the additional insured endorsement,
evidencing the insurance requirements of the Grantee prior to the adoption
of this Temporary Easement.
Any failure to comply with the reporting provisions of the policies required
herein shall not affect coverage provided to the Grantor, its contractors,
subcontractors officers, officials, employees or volunteers.
11.If either the Grantor or Grantee commence any litigation or other
proceedings to enforce or interpret the grant of or terms of the Temporary
Easement, 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. The venue and the commencement of any litigation related to this
Temporary Easement or its terms shall be in the Superior Court for the
County of Spokane.
IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed
on this zyr"day of S,_,, , 202ye.
Grantor: c ,ryc.bc so,,.e4...; ,.4«:y Grantee: A : rprises, LLC
By: i/. By:
Title: c.,-,. „G, Title: Pri cipal
[NOTARY BLOCKS ON FOLLOWING PAGE]
STATE OF WASHINGTON )
) ss.
COUNTY OF SPOKANE )
On this a1 day of Sal-Lin&De. 2024 before me, the
undersigned, a Notary Public in and for the State of Washington, duly commissioned
and sworn, personally appeared .�O}+n! j1vt-H✓v1Ar7 , Grantor, to me know to
be the C I IA( I A&— of C.iii OF S9oK4i'- V4gC--y
the municipal corporation that executed the foregoing instrument, and acknowledged
the instrument to be the free and voluntary act and deed of such party for the uses
and purposes therein mentioned, and on oath stated that he/she is authorized to
execute the instrument.
WITNESS my hand and official seal hereto affixed the day and year in this
certificate above wjt �\""‘‘Iit
stlERS,L ir� Dated: Si T. K, )0aY
`Sg�ONF+�,y4, �j/
e114-
5 �NIIjr j 240 23457 Gi
N TARY PUC
y �9` o : Residing at SPoK A,Li V4L L y, LJA
na1� -Z��` Print Name: 'W .IE iM (EYS 77/M.
cs-021‘m\‘•
WASV" �.�' My Commission Expires: v z/pc >.00
STATE OF IV )
ss.
COUNTY OF )
On this 010 day of V 2024 before me, the
undersigned, a Notary Public i and r the State of , duly
commissioned and sworn, personally appeared Christopher J. Och , Grantee, to me
know to be a Principal of AT&T Enterprises, LLC, the person that executed the
foregoing instrument, and acknowledged the instrument to be the free and voluntary
act and deed of such party for the uses and purposes therein mentioned, and on oath
stated that he is authorized to execute the instrument.
WITNESS my hand and official seal hereto affixed the day and year in this
certificate above written. nn
D ed: U OCQ
OTAR UBLIC
THERESA A PISCIOTTI Residing at
Notary Public,State of New Jersey
My Commission Expires4R6/2029 Print Name:
My Commission Expires:
EXHIBIT A
A 10 Foot wide Easement over a portion of the Northeast quarter of Section 10,
Township 25 North, Range 44 East, W.M., described as follows:
The South 10.00 feet of the North 20.00 feet of the Northerly 300.00 feet of the
Northeast quarter of said Section 10, as measured at right angles to the Northerly
line of the Northeast quarter of said Section 10, lying Easterly of the Easterly right of
way line of Mirabeau Parkway as delineated on CRP 2762 as filed in the office of the
Spokane County Engineering Department and Westerly of the Westerly right of way
line of the Inland Empire Paper Company Railway;
Situate in the County of Spokane, State of Washington.
(CONTAINS 2517 SF)
EXHIBIT B
Map
N
10' AT&T EASEMENT
\ /
N88'08'40'E 274.68' \
,
S88'08'40W .. ���
NW Wall 611.08' . �� 53'16"
A=8'
10' o -92, R=2277.75
sr 1p 7-L=353.33
I S 1/4 CORNER s7o cF\
SECTION 3 •9 ,y
NOT FOUND. 10' AT&T TEMPORARY /0E Q `J'
CALC. PER CONSTRUCTION N / 8 \ -o
BSP-03-03 EASEMENT \ \ \ ���
=36'53'13' -P
R=727.00 \ 111.95' -56
L=468.04
N88'08'40"E \
\30
Y
—
-- --"\-
CENTERLINE OF 60' WIDE— \
INLAND EMPIRE PAPER 54
CO. EASEMENT, PER \
RECORD OF SURVEY a \
BOOK 51, PAGE 69.
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NIL LAB Founded 1946
% ' timpson Engineers, Inc.
CIVIL ENGINEERS & LAND SURVEYORS
N, 909 ARGONNE ROAD, SPOKANE VALLEY WA., 9921E-2789
PHONE (509) 926-1322 FAX (509) 926-1323