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
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Additional Legal Description is on Page 4 of Document.
ND Assessor's Tax Parcel Number: 45243.0101 Qtv1•
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TEMPORARY EASEMENT
[PN 516-9569]
l'.77
South Sullivan Road Preservation
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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.
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Grantor's Initials 04/03/2025
LPA-325 Page 4 of 4 Pages Parcel Number:45243.0101
Rev. 1/2023