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Home My WebLink About7446068 Easement, Border N Sullivan10/09/2025 10:19:34 AM 7446068 Easementg Fee GOVERNMENT, CITY OF SPOKANE VALLEY Spokane County Washington IIIIIII IIIHI III IIII IIIIIII (IIIII IIII IIII IIIII IIIII IIIII IIIIIII III IIIII IIIII IIIII IIII IIII After recording return document to: City of Spokane Valley Attn: Community and Public Works Department 10210 E. Sprague Ave. Spokane Valley, WA 99206 Document Title: Border Easement Reference Number of Related Document: Grantor: CPM Development Corporation Grantee: City of Spokane Valley Legal Description: Portion of Section 12, Township 25 North, Range 44 East of the Willamette Meridian .5W Full Legal Description is in Exhibit A — Page 1 of 3, attached hereto Assessor's Tax Parcel Numbers: Portion of 45123.9007 Portion of 45123.9008 CITY OF SPOKANE VALLEY Public Works Department Spokane Valley, Washington BORDER EASEMENT The Grantor, CPM Development Corporation, for and in consideration of mutual benefits, conveys and grants unto the CITY OF SPOKANE VALLEY, and its assigns, Grantee, a BORDER EASEMENT over, under, upon and across the hereinafter described lands for the purpose of allowing construction, maintenance, and use of the easement area for public streets, sidewalks, and traffic equipment, facilities, conduit, and signage, and their associated facilities. Traffic equipment, facilities, conduit, and signage shall hereinafter be referred to as "traffic devices". Said lands being situated in Spokane County, State of Washington, and described as follows: 1. A portion of Assessor's Tax Parcel Number 45123.9007 as described in the legal description in Exhibit A — Pages 1 and 2 of 3, titled Boarder Easement A, attached hereto and made a part hereof. 2. A portion of Assessor's Tax Parcel Number 45123.9008 as described in the legal description in Exhibit A — Pages 1 and 3 of 3, titled Boarder Easement B, attached hereto and made a part hereof. 0 A T IZdNAt EXENPPTSP81fTY TREAS. &):'-f— Page 1 of (4) Pages BORDER EASEMENT The Grantor(s) or their successors in interest hereby agrees to provide continuous vehicle and truck access to, over or on the above -described lands to the Grantee in order to construct, maintain, clean, repair, and replace streets, sidewalks and traffic devices at the will and pleasure of the Grantee. Grantee, at its sole cost and expense, shall promptly repair any damage to the Grantor's above -described lands caused by Grantee's vehicle and truck access. Grantee, its successors, assigns, employees, contractors, subcontractors, and agents shall not block the ingress and egress of the Grantor's property during operating hours. The Grantee accepts complete and total responsibility for the installation or modification of the streets, sidewalks, traffic devices and associated facilities located within said Border Easement. Grantee shall also be responsible to complete future reasonable repairs and/or improvements, if any, that are needed to ensure the streets, sidewalks, traffic devices and associated facilities within said Border Easement meet minimum performance standards, but only to the extent the need for such repairs and/or improvements does not arise out of Grantor's use of Grantor's own property in violation of applicable law. The Border Easement described herein shall run with the land. No modification of the boundaries of said Border Easement can be made without the prior approval of the Grantee. The substantially prevailing party in any lawsuit brought to enforce or interpret the terms of this Easement shall be entitled to recover its reasonable attorneys' fees and costs incurred in said suit, including on appeal. The Grantee, as a part of the consideration hereof, does hereby agree as a covenant running with the land that in the event facilities are constructed, maintained, or otherwise operated on the property described in this Border Easement for a purpose for which a U.S. Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the Grantee will maintain and operate such facilities and services in compliance with all requirements imposed by all current laws, rules and regulations such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. The Grantor(s) or their successors in interest hereby release the Grantee, and all of its officers, employees and agents from any responsibility from any claim for inverse condemnation. Grantee has inspected the easement area and accepts and takes the easement area in an "AS IS - WHERE IS" condition with all faults apparent or latent. Grantee acknowledges that it has knowledge of the condition and suitability of the easement area for Grantee's use of the easement area. Grantor makes no representations or warranties of any nature whatsoever regarding the condition of the easement area or its suitability for Grantee's use of the easement Page 2 of (4) Pages BORDER EASEMENT area. To have and to hold the Border Easement unto the Grantee, subject to (a) easements, restrictions, conditions, and covenants of record; (b) all legal highways; (c) zoning and building laws, ordinances, rules, and regulations; and (d) any and all future liens for taxes and assessments not yet due and payable. Except as otherwise expressly provided for herein, expressly excluded from this grant are any and all rights of way for access, ingress or egress, whether by way of necessity, implication or otherwise, across, under or over adjoining properties of Grantor. Grantee shall use the easement only for the purpose described above. Grantor reserves the right to use the easement for any purpose and in any manner which does not interfere with Grantee's use of the easement. Grantee shall not use, store or dispose of hazardous chemicals upon the easement area. Grantee assumes any and all risk in its use and enjoyment of this Border Easement and agrees to release, indemnify, and hold Grantor, its officers, directors, employees and agents harmless against any and all claims, suits, losses, costs, demands, damages, liabilities, expenses, and causes of action of any kind, including the amount of any judgment, court cost, or legal fee ("Loss") incurred by one or any of them, when such Loss (a) is caused by the negligent or otherwise legally culpable action(s) of Grantee, or Grantee's employees, officers, or agents, and (b) arises out of or is related to either the rights and obligations under this Border Easement, or the Grantee's use and enjoyment of, and or activities on, the easement area; provided, however, Grantee shall have no obligation to defend, indemnify, or hold Grantor or its affiliates harmless pursuant to this paragraph for claims or liabilities to the extent the same are caused by the negligence or otherwise legally culpable action(s) of Grantor or Grantor's officers, directors, employees, agents or contractors. Moreover, Grantee is a body corporate and politic of the State of Washington, and may have rights and defenses available under the Washington law. Therefore, notwithstanding any other provision herein, Grantor agrees that Grantee shall only be liable for damages to the extent permitted under the Washington law. Nothing contained in this Border Easement shall be construed in any way to modify the rights and defenses afforded to governmental entities set forth under Washington law. No provision in this Border Easement shall supersede the protections contained under Washington law or this paragraph. This provision shall survive any termination of this Border Easement. This Easement and the agreements and duties provided for herein shall run with the land and shall be binding on and shall inure to the benefit of the parties referenced herein, their heirs, successors and assigns. No modification of the boundaries of this Easement can be made without prior approval of the City of Spokane Valley. Page 3 of (4) Pages BORDER EASEMENT IN WIVESS WHEREOF, the undersigned has caused this instrument to be executed on this of — day of �Op 4e o Grantor(s):GP�41 :o �) ✓A M JJQvi Grantee: CZ't!j or- SNyoa vje V*-t_t-CFY By: By: Title: - / V - �•• Title: P%4oLz e, WOM-VCS 0z1Lec-f0 STATE OF WASHINGTON ) ) ss CITY OF SPOKANE VALLEY ) I certify that I know or have satisfactory evidence that 7:Y011"n : Y f y\CJLA_ e.n , Grantor, is/are the individual(s) who appeared before me, and who acknowledged that he/she/they signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in this instrument. Dated this �S date of Se }� �m b2X , 20 NOTARY PUBLIC STATE OF WASHINGTON WHITNEY OLSON COMMISSION NO.22025616 COMMISSION EXPIRES 05/02/2026 Page 4 of (4) Pages NOTARY PUBLIC In and for the ate of Washington, Residing at Q OkCts"L W - My appointment expires: all Exhibit A Page 1 of 3 BORDER EASEMENT A An easement for permanent curbing, sidewalk and traffic facilities over, across and through a portion of Northwest Quarter of the Southwest Quarter of Section 12, Township 25 North, Range 44 East, Willamette Meridian, described as follows: Commencing at the Northwest corner of the Southwest Quarter of said Section 12; thence South 03°22'43" East, along the West line of the Southwest Quarter. a distance of 1,346.57 feet; thence North 86'37'17" East, a distance of 71.00 feet to the East right of way of Sullivan Road as described by right of way deed (auditor's file number 9205260432), thence North 03°22'43" West, a distance of 37.98 feet to the South line of said Northwest Quarter and the Point of Beginning of said easement; Thence North 87°31'40" East, a distance of 10.00 feet: Thence North 03°22'43" West, a distance of 57.23 feet: Thence South 86'37'17" West, a distance of 10.00 feet to the East right of said Sullivan Road: Thence South 03'22'43" East, on said right of way, a distance of 57.07 feet to the Point of Beginning. Containing 571 square feet, more or less. BORDER EASEMENT B An easement for permanent curbing, sidewalk and traffic facilities over, across and through a portion of Southwest Quarter of the Southwest Quarter (Government Lot 5) of Section 12, Township 25 North, Range 44 East, Willamette Meridian, described as follows: Commencing at the Northwest corner of the Southwest Quarter of said Section 12, thence South 03°22'43" East, along the West line of the Southwest Quarter, a distance of 1,346.57 feet; thence North 86'37'17" East, a distance of 71.00 feet to the East right of way of Sullivan Road as described by right of way deed (auditor's file number 9205260432), the Point of Beginning of said easement; Thence South 03°22'43" East, on said right of way, a distance of 72.50 feet; Thence North 87°31'40" East, a distance of 20.00 feet: Thence North 03°22'43" West, a distance of 110.17 feet: Thence South 86'37'17" West, a distance of 20.00 feet: Thence South 03°22'43" East, on said right of way, a distance of 37.98 feet to the Point of Beginning: Containing 2205 square feet, more or less. 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