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HomeMy WebLinkAbout7439793 Easement, Temporary E 11th Ave 09/10/2025 09:30:44 AM 7439793 Recording Fee of 5 EasementSPOKANE, COUNTY�TITLE COMPANY Spokane County Washington 11111111 Hu 11 III 1111 Ililill 11111 1111 IIII 1111111111111111111111 III After recording return document to: City of Spokane Valley Public Works Department 10210 E Sprague Ave. Spokane Valley,WA Document Title: Temporary Easement Reference Number of Related Document: N/A Grantor: The Church of Jesus Christ of Latter-day Saints, a Utah corporation sole, formerly known as Corporation of the Presiding Bishop of The Church of Jesus Christ of Latter-day Saints,a Utah corporation sole n Grantee: City of Spokane Valley Cd Legal Description: PTN LT 1 BLK 1 ROTCHFORD ACRE TRACTS ll0 N-" Additional Legal Description is on Page 4 of Document. ND Assessor's Tax Parcel Number: 45243.0101 Qtv1• w-' N+., oi TEMPORARY EASEMENT [PN 516-9569] l'.77 South Sullivan Road Preservation U' r+. The Grantor(s) THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, A UTAH CORPORATION SOLE, formerly known as CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, A UTAH CORPORATION SOLE, for and in consideration of TEN AND NO/100 ($10.00) DOLLARS, and other valuable consideration,conveys and grants unto the CITY OF SPOKANE VALLEY, and its assigns, 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 lands for the purpose of locating, constructing, improving, grading, and other necessary work associated with the South Sullivan Road Preservation project: For legal description see Exhibit A attached hereto and made a part hereof. Said lands being situated in Spokane County, State of Washington, and described in FA No.NHPP-4103(017) LPA-325 Page 1 of 5 Pages Parcel Number:45243.0101 Rev. 1/2023 4917-0896-8269.v3 TEMPORARY EASEMENT Exhibit A, attached hereto,and made a part hereof. The term of this Temporary Easement shall commence on the date of acceptance of this Temporary Easement by Grantee and shall terminate on June Pt,2027,hereinafter the"Term." It is further agreed that this Temporary Easement may be extended by up to 12 months at the Grantee's option. The rate associated with this extension shall be at the same rate as the original Temporary Easement,or at the newly established rate determined by an updated waiver appraisal; whichever is higher. Grantee shall notify Grantor in writing, and render payment, at least thirty(30) days prior to exercising this option. Grantee and its agents shall enter upon the easement area at its sole risk and hazard and hereby releases Grantor from any claims relating to the condition of the easement area and entry thereupon. Grantee accepts this Temporary Easement and all aspects thereof in their "AS IS," "WHERE IS" condition. Grantee shall promptly repair any damage to easement area and Grantor's improvements located thereon caused by Grantee. Grantee hereby agrees to indemnify, save, defend and hold harmless Grantor, and any entity controlling, controlled by, or under control with Grantor, and its and their affiliates' officers,directors,employees,managers,members,agents and servants("Affiliates")from and against any and all liens,encumbrances,costs,demands,claims,judgments,and/or damage that may be incurred by Grantor or its Affiliates as a result of any liabilities, damages,judgments, costs, expenses, penalties, and/or injuries to persons or property caused by or arising out of, either directly or indirectly, any use of the easement area by Grantee, except to the extent deemed by a court of competent jurisdiction to have been caused solely by Grantor's or its Affiliates' negligence or willful misconduct. 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 Grantor, including its Affiliates, and the Grantee, its officers, officials, employees, and volunteers, the Grantee's liability hereunder shall be only to the extent of the Grantee's negligence. 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. LPA-325 Page 2 of 5 Pages Parcel Number:45243.0101 Rev. 1/2023 4917-0896-8269.v3 TEMPORARY EASEMENT Dated: Ju1t Y ,2025 THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, a Utah corporation sole, formerly known as CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS,a Utah corporation sole By: Julie West Title: AUTHORIZED AGENT STATE OF (.A.,+04. , ) : ss County of s0 J+ 1 O e. ) On this j yam" day of J vy1 ,2025, before me personally appeared lulle West to me known to be an Authorized Agent of the corporation that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute said instrument. GIVEN under my hand and official seal the day and year last above written. (SEAL) S (� ;/Y ? ary blic in and for th e of JONENA B ROWLEY se0 orth Temple St.,12th Floor •`� "r�; ( w� , residing at Salt Lake City,UT 84150-6320 Notary Public State of Utah? My Commission Expires on: �• May 18, 2026o My commission expires 5- / - z 6 " Comm.Number: 724810 LPA-325 Page 3 of 5 Pages Parcel Number:45243.0101 Rev. 1/2023 4917-0896-8269.v3 TEMPORARY EASEMENT Accepted and Approved CITY OF SPOKANE VALLEY By: Robe Blegen,PE Public Works Director Date: e 15 , 20 Z 5 LPA-325 Page 4 of 5 Pages Parcel Number:45243.0101 Rev. 1/2023 4917-0896-8269.v3 TEMPORARY EASEMENT EXHIBIT A EXHIBIT A DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT AREA (PORTION OF SPOKANE COUNTY ASSESSOR'S PARCEL NO.45243.0101) A TEMPORARY CONSTRUCTION EASEMENT OVER LOT 1,BLOCK 1,ROTCHFORD ACRE TRACTS,AS PER PLAT RECORDED IN VOLUME 12 OF PLATS,PAGES 2 AND 3,RECORDS OF SPOKANE COUNTY,DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE NORTH LINE OF SAID LOT 1 AND THE EAST RIGHT-OF-WAY LINE OF SULLIVAN ROAD AS CONVEYED TO SPOKANE COUNTY BY STATUTORY WARRANTY DEED RECORDED NOVEMBER 10, 1982,UNDER AUDITOR'S FILE NO.8211100073; THENCE NORTH 87°39'50"EAST,ALONG SAID NORTH LINE OF LOT 1,A DISTANCE OF 14.50 FEET; THENCE,LEAVING SAID NORTH LINE,SOUTH 38'48'44"WEST,A DISTANCE OF 7.48 FEET TO THE POINT OF BEGINNING; THENCE,CONTINUING SOUTH 38°48'44"WEST,A DISTANCE OF 9.73 FEET TO A POINT BEING 3.00 FEET DISTANT EASTERLY,WHEN MEASURED AT RIGHT ANGLES,FROM SAID EAST RIGHT-OF-WAY LINE OF SULLIVAN ROAD; THENCE SOUTH 03°06'51"EAST,PARALLEL WITH AND 3.00 FEET DISTANT FROM SAID EAST RIGHT-OF-WAY LINE,A DISTANCE OF 14.00 FEET; THENCE NORTH 87°39'50"EAST,A DISTANCE OF 6.50 FEET; THENCE NORTH 03°06'51"WEST,A DISTANCE OF 21.33 FEET TO THE POINT OF BEGINNING; SITUATE IN THE CITY OF SPOKANE VALLEY,COUNTY OF SPOKANE,STATE OF WASHINGTON. EASEMENT CONTAINING:115 SQUARE FEET,MORE OR LESS. 4) pit\NA5/y/.�fCi lC \ • 1 , 1,0s�Cl,� LSIAS°e'N. Grantor's Initials 04/03/2025 LPA-325 Page 4 of 4 Pages Parcel Number:45243.0101 Rev. 1/2023