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HomeMy WebLinkAboutZE-96B-80BEFORE THE BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON 1 (, RESOLUTION Np `80 =968 IN THE MATTER OF AUTHORIZING SIGNATURES ON WASHINGTON UTILITIES AND TRANSPORTATION PETITION .,,wfvvr ATTEST: VERNON W. OHLAND .CL"E" OF THE BOARD To' BY 4c,4 , DEPUTY RESOLUTION WHEREAS, The Washington Utilities and Transportation Commission does have juris- diction in authorizing improvements, modifications and /or closures of all highway - railroad intersections; and WHEREAS, The Chicago, Milwaukee, St. Paul and Pacific Railroad has now abandoned and sold the property relative to the 5R SA 5.30 Spur Line connection at and adjacent to the intersection of the Dishman Mica Road; and WHEREAS, There does not presently exist any railroad or public need to keep the existing grade crossing in service; and WHEREAS, The proper petition must be submitted for action by the Washington Utilities and Transportation Commission. THEREFORE, BE IT RESOLVED By the Board of County Commissioners of Spokane Coun- ty, Washington, that the Board is hereby authorized to execute the proper petition to the Washington Utilities and Transportation Commission requesting that the railroad grade crossing at the intersection of the Chicago, Milwaukee, St. Paul and Pacific Railroad Spur Line (5R SA 5.30) and the Dishman Mica Road be closed and that all rail- road roadbed, signing, trackage, signals, etc. 6e authorized to be removed. PASSED AND ADOPTED By the Board of County Commissioners of Spokane County, Wash- ington, this llth day of August, 1980. BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON THI3 13 TO CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF RESOLUTION NO )30 - `1L-ePASSED 9Y THE BOARD THIS /1 .DAY OF BY: ` �,�t n-i ;:tit DEPUTY SPOKANE COUNTY Petitioner Before the Washington Utilities and 'Transportation Commission Street v s. F -202 Railroad (: iSiNg CiWaIrC Respondent Application Is hereby made for an order from the Washington Utilities and Transportation Commission consenting to the abandonment and closure toNiXIKKKde use of a grade crossing located at the point described In the following Interrogatories and answers which are hereby referred to and made a part of this petition. Order to authorize the removal of existing railroad roadbed, trackage, all railroad signing and automatic signals presently BOARD OF COUNTY COMMISSIONERS existing at the spur line intersection with Dishman Mica Road. Existing railway C.r1.ST. P. & P. SPUR Railway mile post (nearest tenth) 5.30 (See Instructions on page 3) INTERROGATORIES I. State name of highway and railway at crossing intersection: Existing highway OISHr1AN MICA ROAD POKRN COUNTY COURTHOUSE P. 0. Box Street SPOKANE, WASHINGTON 99260 ( City State Located in the 1111 4 of the MW 20 of Sec. 2 0 Twp. � , Range kk W. M. Town County (if applicable) (if applicable) Page I No . ..... . . PETITION OF SPOKANE COUNTY, WASHINGTON State Crossing No. 5R SA 5.30 (a) Type of highway at ceu:,Siny (Indicate with X): ( ) State, ( X ) County, (�) City Street Other (b) Type of railroad at crossing (Indicate with X): ( X ) Common Carrier, (__) Logging ( ) Industrial Other (� Main Line, ( ) Branch Line, ( X) Spur 3. RAILROAD State fully the reasons for seeking authority to close and abandon the))i0O7ke<use of the grade crossing described: CHICAGO, MILWAUKEE ST. PAUL AND PACIFIC RAILROAD HAS SOLD THE LAND THROUGH WHICH THE SPUR PASSES TO A PRIVATE DEVELOPER. THE DEVELOPER IS IN THE PROCESS OF REMOVING THE SPUR FROM HIS PROPERTY SO THAT HE MAY BEGIN CONSTRUCTION OF HIS DEVELOPMENT. 4. Attach a sketch showing the layout of the highway and railway in the vicinity of the crossing as well as the parcels of private property located on both sides of the highway for a distance of 500' from the crossing, including the name and mailing address of each property owner. WAIVER OF HEARING BY RESPONDENT Having investigated the conditions existing at and In the vicinity of the grade crossing described herein and being satisfied that such conditions are substantially as described in the interrogatories and answers thereto, and consent that the grade crossing should be , closed and abandoned to public use. Hearing in this proceeding is hereby waived. Dated at Washington, on the day of , 19 By: Page 2 Respondent t• - INSTRUCTIONS Thu original and one copy of petition with interrogatories fully and correctly answered should be filed with the Washington Utilities and Transportation Cunmiission unless the waiver of hearing form is filled out by the respondent. If waiver of hearing is filled out by the respondent, only the original copy of the petition is required to be filed with the Commission. If waiver of hearing is not executed on the petition filed, the copy will be served upon the respondent for answer within 20 days. Upon receipt of respondent's answer, the application will be investigated. Under the terms of RCW 81.53.060 as amended by the session laws of 1959, the Commission may order the closure of a grade crossing without hearing where: (1) notice of the filing of the petition is posted at, or as near as practical to, the crossing; (2) notice of the filing of the petition is published once in some newspaper of general circulation in the community or area where such crossing is situated, which publication shall appear within the same week that the notice referred to in (1) above is posted; and (3) no objections are received by the Commission within twenty days from the date of the publication of the notice. If an objection is received, the matter will be set for hearing. In those cases involving the relocation of a highway where it is proposed to establish a new grade crossing and close an existing crossing, it will expedite matters to file form F -202 along with form F -201. Petitions submitted by counties must be signed by at least two members of the Board of County Commissioners. P:igc 3 Exhibit "A ". B y .5. furrier, '.t. Cot- i neyr AGREEMENT Whereas the Pring Corporation and Inland Markets contemplate development of certain properties located in Block 245 of Opportunity which will have an impact on the arterial street serving the property (Dishman -Mica Road), and whereas it is necessary that certain understandings be reached prior to the commencement of the development. Therefore to protect the health, safety and welfare of the general traveling public and to provide adequate and safe ingress and egress to the proposed facility, the following off site roadway improvenients are required and are hereby agreed to be constructed by the Pring Corporation and Inland Markets: 1. Remove and replace cement concrete curb, gutter and sidewalk. 2. Place three gutter inlets and connect to existing drywells. 3. Construct pavement widening as required. 4. Upon removal by Spokane County of the existing railroad spur line across the existing Dishman -Mica Road, make the necessary roadway adjustments. (Spokane County to participate 25 percent in the roadway adjustment cost.) 5. Remove existing railroad signal bases. (Spokane County to re- move railroad signals.) In order to accomplish the above the Pring Corporation and Inland Markets agree to dedicate 20 feet of additional right of way on the east side of the present right of way of the Dishman -Mica Road to the south line of the Chicago-Milwaukee- St. Paul & Pacific Railroad right of way. All of the above items to be placed and constructed as shown on the attached Spokane County in consideration of the Pring Corporation and Leland Markets performing the items setforth above agree to provide the necessary engineering design drawings, field engineering and inspection during the construction of the above oifsite improvements. Construction of Items 1, 2,and 3 to be com- pleted prir,r to issuance of an occup:ai y permit.. August 21, 1980 Spokane r c/o Everett-Hite E. 4323 Broadway ! Spokane, WA 99206 J.M. Drier, Superintendent :Box 8979 Portland, Oregon' 97208 • ' l 1 1 1 1 1 1 1 1 1 1 1 - r - DISHMAN PARK COMME'CIAL H- fi D /s/-/MA '- /L4 ROAD 1 1 _ I U.P. R.R.1 I 11 1 1 1 I,I 1 1 1 1 11 f PRING CORP I I P.O. Box 14558 Spokane, WA 99214 !SPUR I L //)/ t - rIs . `'0 Whereas the Pring Corporation and Inland Markets contemplate development of certain properties located in Block 245 of Opportunity which will have an impact on the arterial street serving the property (Dishman -Mica Road) and, whereas it is necessary that certain understandings be reached prior to the commencement of the development. Therefore to protect the health, safety and welfare of the general traveling public and to provide adequate and safe ingress and egress to the proposed facility, the following off site roadway improvements are required and are hereby agreed to be constructed by the Pring Corporation and Inland Markets: 1. Remove and replace cement concrete curb, gutter and sidewalk. 2. Place three gutter inlets and connect to existing drywells. 3. Construct pavement widening as required. 4. Remove existing railroad spur line across the existing, Dishman -Mica Road and adjust roadway as necessary. 5. Remove existing railroad signals and bases. In order to accomplish the above the Pring Corporation and Inland Markets agree to dedicate 20 feet of additional right of way on the east side of the present right of way of the Dishman -Mica Road to the south line of the Chicago - Milwaukee - St.Paul & Pacific Railroad right of way. All of the above items to be placed and constructed as shown on the attached Exhibit "A ". Spokane County in consideration of the Pring Corporation and Inland Markets performing the items setforth above agree to provide the necessary engineering design drawings, field engineering and inspection during the construction of the above off site improvements. Said construction is to be completed prior to issuance of an occupancy permit. Spokane County By R.S. Turner, P.E. County Engineer AGREEMENT SPC:iArr tCUNTY Project Des e,7 m _ /£ft/ N _ /L4 ^_ Title � ✓f 2a o . Project No`- 2 ///r— 4,C ECE ?7.4 /%G_Qer r Date c /6 Chackad By Date C.alculatianh j Refcienee -r- li CALCULATION S': EE"i GVeE,v�. 0, _7 7z 7 I L i FiYC_v_¢ - tid.o.,_,„auc «ma S1 ' &336 9_ o - . J Zp J �Z i . o_o_ / AY -1 ho the SS 'O _ to S9;boo - {?fr> z7 OFFICE OF COUNTY ENGINEER dv Z 4/ s49 0a S6 Z_.S Ce. 3 0 1 it co. - c z z ' � o ac z s sv 6X Zo O 2 jfBo I qL s B 2/9 z 3 2 /310 1 0 226, 8, 4 f 6 o 7 I 6, ery — 7A 7.1 CL _ (74.4 I t 7--- • ' , - I t • • . . , ! 1 . $ . ! ‘7:2 / f /74.;_, ,i . C • . ji .e.7c-le-ce4 t cp , // 41° j? / .--...3 Z. SI' 7: 6 1 0/Lic - /Lc- A- /A . i 8 .// /6.; 6 .6 7,e1/2Lc-4. 7 I 6, / Oti --1 07 1 1: 1,97w 7 59 /00 (/‘-/ 1 • /o zaLO, 1 1 0,e (437 " • : I (' • ■:/ 1.) tieP /7 te" (3C(2) 0 r-) 0 Z o 1 62 0 6 I /712, 477-7( I ' I • . , 3. 00' 42 on . 0 c: ; • ; ; 1 _,• . 7 7.- Inter - office Communication Verril Smale From Diok Hoover gp Subjer+' First Ave. Road File No. 2274. OFFICE OF COUNTY ENGINEER SPOKANE COUNTY, WASHINGTON Date December 10 19 79 I received the attached letter from the Pring Corporation requesting that we proceed with the vacation of a portion of the subject road. This is in accordance with the Right of Way Agreement sign in connection with Sargent Road No. 1980. A copy of the agreement is attaohed together with some other information. I met with representatives of the Pring Corporation on Deo. 5, 1979 and we discussed this matter. They do not have any understanding with Mr. Richardson, however still want to proceed on the matter. Will you please take the necessary steps to start this action. Thanks. Form 327 -C R )cfr, 110 t go, G \ " h�' Lflin1' rolOcialion Mr. Dick Hoover Spokane County Engineer's Office N. 811 Jefferson Spokane, Washington 99201 Re: Right of Way Agreement, Sargent Road No. 1980 Dear Mr. Hoover: Pursuant to the above mentioned Right of Way Agreement we have with the County of Spokane, we hereby request that the County proceed with the second phase of our agreement relative to the vacation of First Avenue between Sargent and Sipple. Thank you. JP:jc Very truly yours, PRING CORPORATION John A. Pring E. 8500 SPRAGUE (Mailing Address - P. 0. BOX 14558) SPOKANE, WASH. 99214 Phone (509) 924 -1150 December 5, 1979 I RECEIVED SPOKANE COUNT! ISMMNEER 1 DEC -61979 ih. u. ::icharu3un, Pr_uicient t tiollu: For Sale::, Inc. L300 Cast Sprague tip c kane, he. 99213 uear _lr. Richardson: au: _ro;josed Closure of First Avenue Your letter dated Auuust 15, 1978 in regard to the abov_! subject has been referred to me for response. Pursuant to your reL,ue.t Spokane County will notify you or ::oy 3. Luse of any propose.: vacation of First Avenue near or a;ijLicent to your property commonly known as accollul.l Ford. As you ar.: aware, any proposed action to vacate must be heard by the County Commissioners at a public hear - ing in whic:i all affected parties will be given an opportun- ity to ;resent testimony. J,1: is Jerry :.eal Chief Civil ': puty cc: Ir. da] :ry :1r. :oh _.,r_l.;r "AIL 45330 Very truly yours, atr tlr. Jerry Kopet, Chairman County Commissioners Spokane, County Courthouse West 1116 Broadway Spokane, Washington 99201 Dear Jerry; HDR:cs ltlC;. iJ Ii 45033 11 f l��cs — n1 Fits <1NO Fie YOUR "EXTRA EFFORT" FORD DEALER 8300 EAST SPRAGUE — SPOKANE, WASH. 99213 — PHONE 924 -1000 July 8, 1977 I understand that a petition is being circulated to close or vacate First Avenue from Sargent to Sipple. In my opinion, the public interest would be severely harmed if this important segment of First Avenue were closed. It would substantially increase traffic on already over - burdened Sprague Avenue; and would greatly inconvenience motorists who currently use First Avenue. If this petition is filed, I would very much aoureciate the oonor.tunity to testify a:;ain;t the closing of this street as I am sure it would have a devastating effect upon our business which, as you know collects and pays a lot of taxes for the county.. Sincerely, McCOLLUM FORD SALES, INC. RECEIVED ,it i i .; 1977 H. D. Richardson President RECEIVED spot. r.« n FNGINEER JUL 2 5 1977 d& 11 • ItIGU III' WAY DEED ii•o,,� tai r i 3S:i '�; 919 INF r1r: 41A'I II'lt of 11. • Sk]40ND AyF,NI1F. N 22 KNtIW ALL All ?N by THESE PRESENTS, That 41TRHMAN 411 rtflTN(. s. RFAT TY (l nnrrnratinn ••d *ie4- . -44:+, il' Up; County of Spokane, hi the Slate of Washington, 1n cousidorat iull 01' the bcuel'it.s and other vallutblL: considerations, told the stun of One and no /100 Dol lass, paid by the County of Spokane, the receipt whereon' is hereby aclatowlniged, have granted, bargained, sold and conveyed, w.1 by these presents do grant, bargain, sell and convey unto said Spokane County, the following described parcel of land, situat.sI in Spokaw County, 111 tho St.at,e of Washington, to-wit: Nee Ch.. .I'we rwrttiom..l ,.,....}t .... „Is -i.. 66< 1'..1.1 ...,. ._ ..,... -$4.4 ,.1,.1. 1:._. - - - - - -' 1t1- 44w- n4- ci- et --444 ' L,,.4:tosioern, 4' 4 r ..... . .. .. . A portion of the Northwest Quarter (NW34) of the Northeast Quarter (NE*) more particularly described as follows: Beginning at the intersection of the south line of Block 6. West Dishman Addition and the west line of Sargent Road: thence south along said west line of Sargent Road a distance of 60 feet: thence west parallel with the south line of said Block 6. to a point lying 242 feet south of the intersection of the west line of Sipple Road with the south line of First Avenue: thence north on a line to the intersection of said west line of Sipple lined and Rnvth line of First Aver thence pest elnng the math line of First Avenue to the intersection with the west line of Block 5. West Dishmen Addition; Block 5. to -the sou Block 5. and 6. to the Point of Beginning. 111$ R FF.rte / o C Onouty an _T r of Section 1 9 , Township 25 North, Hatge 44 I {.IV.11. '1'11 IIAVI•: ANt '1'11 111111) the stuln', norm the said Spokane Cannily for the purposes of a piddle road I'ortrvr. r. Form 655H In niln,ss whoreul' i5Q31.. WICi : I Clay of May - 19 78 . INUIT:: If married, must be signed by both husband have hereunto set._ htuid and seal this 3rd DTSBMAN RIJTT.OTNG A RRAT,TY CO, (SEAI ) President (Si:/11,) Exhibit "A ". 3 3 Spokane County By R.S. Turner, P.R. County Engineer AGREEMENT Whereas the Pring Corporation and Inland Markets contemplate development of certain properties located in Block 245 of Opportunity which will have an impact on the arterial street serving the prapetty (Cashman-Mica Road) and, whereas it is necessary that certain understandings be reached prior to the commencement of the development. Therefore to protect the health, safety and welfare of the general traveling public and to provide adequate and safe ingress and egress to the proposed facility, the following off site roadway improvements are required and are hereby agreed to be constructed by the Pring Corporation and Inland Markets: lace cement concrete curb, 9�y 1. Remove and ra P gutter and sidewalk. 2. Place three gutter inlets and connect to existing drywalls. (9 e,- . 4 ".. 9 f- L.i J , L -, 33. Construct pavement widening as required.' ` ii/ sd !t i � ) - p 4 - . Remove existing railroad spur, line across the existing 3 " "`'' Dishman-Mica Road an adjust roadway as necessary]) . • - �� C /� ^ ' 5 / Remove existing railroad signals, - =an base .� J , , „( a t, ' / z ( In order to accomplish the above the Pring Corporation and Inland Markets G at `� agree to dedicate 20 feet of additional right of way on the east side of the present right of way of the Dishman -Mica Road "co the south line of the ChicagoMilwaukee-st.Paul & Pacific right of way. All of the above items to be placed and constructed as shown on the attached Spokane County in consideration of the Pring Corporation and Inland Markets performing the items setforth above agree to provide the necessary engineering design drawings, field engineering and inspection during the constpuctton of the above off site improvements. Said Ai to be completed prior • to issuance of an occupancy permit. 1 V VC) cc.r;v. LeirAt / cot Thi "," F ;■!C NUT; CALCULATION S::STi: ot__Z__ _ _ P. I 02 Stri:l'ir 1 /..-r/S'W.e_oV_ fi ,e .__. . _ I ilI9 Col:. 2y 0 Gi.: C5? 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G,_ /N - G - li ! I I .� /Teey ! II 4' .04'?,-we / _�.detee;: � I I r %. t�11t /_,o� ¶-'ff't T 1 I ' / I.trc tH I Isar I f ■i_ L h F _Trt_i - -. - _T T + , i_. -1 rt— . I - 1 _ __ ; -- _ - - -- - -- --± , ; i I - -- T I T - -- _ - - ; i --a -- r - -- - t _; - - -- I I I L I - J 1 - 1 I } I f H 1 1 L J 1 -I -- - - � L � _ . - SPOY ' COUNTY CALCULATION SHEET Project Description _a sH" - / /e".45 Project No. Cale. By Cheched Sy Refevence II Calculat Titlo OFFICE OF COUNTY ENGINEER Sheet Z of Z Date a -Z9 -ego _ note Exhibit "A ". AGREEMENT Whereas the Pring Corporation and Inland Markets contemplate development of certain properties located in Block 245 of Opportunity which will have an impact on the arterial street serving the property (Dishman -Mica Road), and whereas it is necessary that certain understandings be reached prior to the commencement of the development. Therefore to protect the health, safety and welfare of the general traveling public and to provide adequate and safe ingress and egress to the proposed facility, the following off site roadway improvements are required and are hereby agreed to he constructed by the Pring Corporation and Inland Markets: 1. Remove and replace cement concrete curb, gutter and sidewalk. 2. Place three gutter inlets and connect to existing drywells. 3. Construct pavement widening as required. 4. Upon removal by Spokane County of the existing railroad spur line across the existing Dishman -Mica Road, make the necessary roadway adjustments. (Spokane County to participate 25 percent in the roadway adjustment cost.) 5. Remove existing railroad signal bases. (Spokane County to re- move railroad signals.) In order to accomplish the above the Pring Corporation and Inland Markets agree to dedicate 20 feet of additional right of way on the east side of the present right of way of the Dishman -Mica Road to the south line of the Chicago- Milwaukee- St. Paul & Pacific Railroad right of way. All of the above items to be placed and constructed as shown on the attached Spokane County in consideration of the Pring Corporation and Inland Markets performing the items setforth above agree to provide the necessary engineering design drawings, field engineering and inspection during the construction of the above off site improvements. Construction of Items 1, 2 and 3 to be com- pleted prior to issuance of an occupancy permit. August 21, 1980 Spokane ou By . urner, P. 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C. cG n s s ,C /o / z• « $ S Construction Total Engineering and Contingencies T Dated this day of OFFICE OF THE COUNTY ENGINEER SPOKANE COUNTY SPOKANE, WASHINGTON Approximate + nrn Opan IInU ENGINEER'S ESTIMATE OF COST ., 19, Unit Prira Amnur t ,? 7sb0 z - ,C -/s I/ 9 72. Sa .0 Y. / / oOS;o0 6-A. /5 d/ 6 G 0a X 0 0 .04' G • /o- 8 Scl O a B ° = zz SZ.ao q, Z® °- • A3064.06 /o../ Ze �oZO -00 Robert S. Turner, P.E. Spokane County Engineer �3 7.0zS,S6 / Whereas the Pring Corporation and Inland Markets contemplate development of certain properties located in Block 245 of Opportunity which will have an impact on the arterial street serving the property (Dishman -Mica Road), and whereas it is necessary that certain understandings be reached prior to the commencement of the development. Therefore to protect the health, safety and welfare of the general traveling public and to provide adequate and safe ingress and egress to the proposed facility, the following off site roadway improvements are required and are hereby agreed to be constructed by the Pring Corporation and Inland Markets: 1. Remove and replace cement concrete curb, gutter and sidewalk. 2. Place three gutter inlets and connect to existing drywells. 3. Construct pavement widening as required. 4. Upon removal by Spokane County of the existing railroad spur line across the existing Dishman -Mica Road, make the necessary roadway adjustments. (Spokane County to participate 25 percent in the rcadway adjustment cost.) 5. Remove existing railroad signal bases. (Spokane County to re- move railroad signals.) In order to accomplish the above the Pring Corporation and Inland Markets agree to dedicate 20 feet of additional right of way on the east side of the present right of way of the Dishman -Mica Road to the south line of the Chicago- Milwaukee- St. Paul & Pacific Railroad right of way. All of the above items to be placed and constructed as shown on the attached Exhibit "A ". AGREEMENT Spokane County in consideration of the Pring Corporation and Inland Markets performing the items setforth above agree to provide the necessary engineering design drawings, field engineering and inspection during the construction of the above offsite improvements. Construction of Items 1, 2 and 3 to be com- pleted prior to 1.suance of an occupancy permit. August 21, 1980 Spokane Coun By R. S. Turner; Y. County Engineer PHONE 535 -2978, P.O. BOX 4219 STATION "B" -- County Engineers 811 N..Jefferson Street Spokane, WA 99260 ATTENTION: Mr. Finney S S / c Pti r?-17 August 19, 1980 REFERENCE: GROCERY MARKET LOCATED AT: S. 311 DISHMAN MICA ROAD, SPOKANE, WASHINGTON Please see the attached site plan S -1 for the project. We have laid out the existing sidewalk, fire hydrant, power poles, rail arms at their approximate location. We need to know .the county's plan ibihto properly layout our ingress, egress, new sidewalks, and landscape area. Sincerely, THE HASKINS COMPANY iv Skip 53ndeno Sales Representative /�O/.2 O Sr 1J c,v E9 / E f / Quit G FF j�C / � U ! / / lif T Co C /!mac/ 7` /e' � / ,,c/UteieS ,97-7D 9,/lo - & -Zo g E. 3613 MAIN, SPOKANE, WASH. 99202 11 I1it;i1 li4 1$A1 HEED IN THE NUTTER of the Oishman -Mica Road KNOW ALL MEN BY THESE PRESENTS, That S31mn 0303 1Lt 662 rrrt1145 No. 2627 Prino Corporation of the County of Spokane, in the State of Washington, in consideration of the benefits and other valuable considerations, and the s,m or One and no /100 Dollars, paid them by the County of Spokane, the receipt thereof is hereby acknonledged, have granted, bargained, sold and conveyed, and by these presents do grant., bargain, se11 and convey ,alto said Spokane County, the follooing described parcel of land, situated in Spokane County, in the State of' Washington, to-ii it: The West 20 feet of the following described Parcel "A" abutting and lying iuisuedidceiy i.0 Line East ui the ulsnmarl -Mica LOunty Road, as existing on August 21, 1980. PARCEL "A ": That portion of Block 240, Plat of Opporturit;', lying Southerly of a line parallel to and 55 feet Southerly, as measured at right angle to track centerline of Chicago, Milwaukee, St. Paul and Pacific Railroad Company's Coeur d'Alene Branch. ALSO, that portion of Lots 4 and 5, Block 243, and that portion of Lot 6, Block 239, and that portion of Willow Road, Plat of Opportunity, lying Easterly of Dishman -Mica Road and lying Southerly of a line parallel to and 55 feet Southerly, as measured at right angles to track centerline of said Coeur d'Alene Branch. xy . R. E. Excise ;iax Exempt • Date 10- - 11' -'is `49 Spokane County Trsas, By -CA W1 �i ? 13 of Section 20 , Toonship 25 North, Range 44 , E.W.M. TO HAVE AND TO HOD the sane, unto the said Spokane County for the purposes of a public road forever. IN WITNESS WHEREOF, said corporation has caused this instrument to be executed by its proper officers and its corporate seal to be hereunto affixed this D 4/- dsy ot'CC( Preridear. Secretary. r S1 )rANE CU1flliY ECAIIN'L:u':; L1 'UKAIf•: COUNTY, UA::I11LJG'CUj1 WIGHT OV tIAY AGl6:i::11aP f1A'1"1'ER OF SARGENT ROAD 5 1 -1 , (90( /` 1 5if-Ipp NO. 1980 Pring Corp., E. 8500 Sprague Ave., Spokane, Wa_ Grantor of Right of Way n Spokane County, Washington. k,curents for a right of way for Public Uorkb purposes over property debcribed in said tocunents have been delivered to w B preecs , Right of Way Agent, an tow agent, with instructions to deliver said documents to the County Engineer's 4•partment. On delivery to the Spokane County Engineer's Department, a copy of this ttreement properly executed by the duly authorized representative will be returned to he undersigned Grantor. n,coau;ideration of the foregoing and other considerations hereinafter set forth, it is utually agreed by the parties hereto as follows: all liens and encumbrances and furnished to the Spokane County cash settlement shall be paid the Grantor may assign to a . • Said right of way is granted free and clear of partial release for said right of way shall be Engineer's Department, and the total amount in to the Grantor, Except such portion thereof as lienholder in obtaining the partial release. All work done under this agrcment shall conform to all applicable laws, ordinances, and regulations relating to ouch work, and shall be done in a good and workmanlike manner. S. All structures, improvements, or other facilities when removed and relocated '" or reconstructed by the Department, its Contractors, and Assigns shall be in as good a condition as found. I. No work, improvements, alteration, or maintenance by the Department, its 'Contractors and Assigns, will be performed other than that provided for in this agreement. ). In full, complete, and final payment and :.ettle;nent for the title or interest conveyed or granted, as fully bet forth in the aforementioned documents dated `.{o.r</ XE,_/ , Spokane County, its Agents and Assigns agree to the following: A. Spokane County agrees to initiate vacation proceedings for the portion of Bessie Road lying between the south line of Sprague Avenue and the north line of First Avenue. b. Spokane County agrees to relocate fence on the new right of way line of Block 6 of West Dishman Addition, at such time an the right of way is improved. • ,c. The Grantor agreea to inatall curb and sidewalk along the west right of way line of ;argent Road, upon lands conveyed this date, as delineated by the County Engineer. Grantor duo agrees to pave Sargent Road from the new curb to the existing pavement. ,d. Upon vacation of Bessie Road Grantor will remove existing radii at corners of Bessie Road and Sprague Avenue and install standard driveway. )e. It 1s the desire of the Grantor that First Avenue between Sargent and Sipple, as presently established, be vacated. In connection therewith the Grantor agrees, within 5 years of the date of thie agreement, to secure for ultimate conveyance to Spokane County a strip of land, of sufficient width, to provide a 60 foot roadbed at an elevation equal to the exiettng elevation of First Avenue. The Grantor also agrees to construct said roadway in accordance with County Standard Specifications. Said strip of land being south of and adjoining Block 5 and 6, West Dishman Addition extending westerly from the west right of way line of Sargent Road to • point 383 feet net of the center eection line. Spokane County agrees to initiate the vacation upon notification by the Grantor that he ie prepared to convey said strip to the County free and clear - or all encumbrances. )istribution of Compensation: Total Cash Settlement done :The Grantors hereby agree to allow Spokane County, its Agents, and Assigns permission to perform work outside the right of way,, as necessary,to accomplish any of the aforementioned items. 6, The parties have here set out the whole of their agreement. The performance of this agreement constitutes the entire consideration for the grant of said right of way and shall relieve the Department of further obligations or claims resulting from planning and construction of the proposed project. //) w�.rL IN WITNESS WHEREOF we have hereunto set our hands this a. day of // �a 7-- APPROVED By County Engineer. HIGUT tuF WAY AcumniErrr N0. 1980 STATE OF WASHINGTON ) COUNTY OF SPOKANE ) se John A. Pring, President On this day personally appeared before me F'ring Corporation, known to me to be the individual described helq�n executed the within and foregoing instrument and acknowledge that he ss. s igneii same as his free and voluntary act and decd for the uses and pure mentioned. Given under my hand and seal this 22nd day of__ March 19 Notary P'O . is in n <<•e State of Washington. • :;noka . ..un.