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5936165 Easement: Beverly Booster Station Water District 109/22/2010 10:42:41 AM 5936165 Recording Fee $66.0© Page 1 of 5 Easement CITY OF SPOKANE VALLEY Spokane County Washington 1 III 11 111111 III IIII III 1 111111 IIII it IIII VIII I I III III IIII 11 11 IIII IIII Filed at the Request of: City of Spokane Valley, Washington 11707 East Sprague, Suite 106 Spokane Valley, WA 99206 C ) yzun � -U' &Sk \ FOR CONSIDERATION OF THE ACTUAL BENEFITS HEREIN DERIVED by the parties, the undersigned Grantor hereby grants an easement to Grantee for the placement of a waterline pump facility in Grantor's right -of -way. The easement for placement, construction, operation and maintenance of a waterline pump facility to be known as East Spokane Water District No. 1 Beverly Booster Station is described as follows: Commencing at the center of the intersection of S. Highland Drive and S. Center Drive; thence in a generally southeasterly direction along the centerline of the S. Center Drive right of way a distance of 50 feet to the point where the easement begins; thence the easement shall extend the full width of the right of way of S. Highland Drive and for a distance continuing in a generally southeasterly direction a distance of 60 feet where the easement shall terminate. The easement will be rectangular in shape and have dimensions the width of which will be the width of the right of way of S. Center Drive and the length of which will be 60 feet. Situated in the County of Spokane, City of Spokane Valley, State of Washington. Said easement shall be subject to the following conditions: R. E. Excise Tax Exempt Date Cy 6b 201 Spokane County Tress. By L - 12-1 I . Recovery of Costs. Grantee shall be subject to all permit fees associated with activities undertaken through the authority granted in this Easement or under City Code. Where the City incurs costs and expenses for review or inspection of activities undertaken through the authority granted in this Easement or City Code relating to the subject for which a permit fee is not established, Grantee shall pay such costs and expenses directly to the City. In addition to the above, Grantee shall promptly reimburse the City for any and all costs it reasonably incurs in response to any emergency involving Grantee's facilities. 2. Non - Exclusivity, This Easement shall in no way, prevent or prohibit the City from using any of its rights -of -way, roads, streets or other public properties or affect its jurisdiction over them or any part of them. The City hereby retains full power to make all changes, relocations, repairs, maintenance, establishments, improvements, dedications or vacation of same as the City may deem fit, including the dedication, establishment, maintenance, and improvement of all new rights -of- way, streets, avenues, thoroughfares and other public properties of every type and description. 3. Non - Interference with Existing Facilities The City shall have prior and superior right to the use of its roads, streets, alleys, and public properties for installation and maintenance of its facilities and other governmental purposes, and should in the sole discretion of the City a conflict arise with the Grantee's facilities, the Grantee shall, at its own expense and cost, conform to the City's facilities and other government purposes of the City. The owners of all utilities, public or private, installed in or on such public properties prior to the installation of the lines and facilities of the Grantee, shall have preference as to the positioning and location of such utilities so installed with respect to the Grantee. Such preference shall continue in the event of the necessity of relocating or changing the grade of any such public properties. Grantee's system shall be constructed and maintained in such manner as not to interfere with any public use, or with any other pipes, wires, conduits or other facilities that may have been laid in the rights -of -way by or under the City's authority. 4. Right to Roads Not Superseded The City, in the granting of this Easement, does not waive any rights which it now holds or may .hereafter acquire, and this Easement shall not be construed so as to deprive the City of any powers, rights, or privileges which it now has, or may hereafter acquire, including the right of eminent domain, to regulate the use and control of its roads covered by this Easement, or to go upon any and all City roads and highways for any purpose including constructing, repairing, or improving the same in any such manner as the City, or its representatives may elect. The City shall retain full authoritative power in the same and like manner as though this Easement had never been granted. Nothing in this Easement shall be construed to prevent the City from constructing facilities, grading, paving, repairing and /or altering any street, or laying down, repairing or removing facilities or constructing or establishing any other public work or improvement. All such work shall be done, insofar as practicable, so as to not obstruct, injure or prevent the unrestricted use and operation of the facilities of the Grantee under this Easement. Grantee agrees to construct, operate and maintain its pump station such that the pump station does not impair the functionality of the Grantor's drainage and flood control facilities which are also located in the subject right of way. If, however, Grantee's pump station interferes with City drainage and flood control facilities and /or City's maintenance or improvement of its drainage and flood control facilities, and Grantee fails to remedy such interference to City's satisfaction, Grantee's facilities shall be moved, removed or replaced. Any and all such moving, removal or replacement shall be at the sole expense of the Grantee. Should Grantee fail to remove, adjust or relocate its pump station by the date established through written notice to Grantee, the City may cause and /or effect such removal, adjustment or relocation, and the expense thereof shall be paid by Grantee. 5. Restoration After Construction. Grantee shall, after installation, construction, relocation, maintenance, or repair of facilities within the area of this Easement, restore the surface of the right -of -way or public property to at least the currently adopted City standards or as reasonably required by the City Public Works Department through a right -of -way permit, depending upon special circumstances. Grantee agrees to promptly complete all restoration work and to promptly repair any damage caused by such work within the area of this Easement or other affected area at its sole cost and expense. 6. Damage and Non - Compliance Any and all damage or injury, done or caused to City right -of -way, City facilities, or any portion thereof in the construction, operation, maintenance or repair of Grantee's facilities shall be immediately repaired and reconstructed to the satisfaction of the City Public Works Department as set forth in Section 5, above; and in the event the Grantee shall fail, neglect, or refuse to immediately repair and reconstruct said damage or injury to said City right -of -way or facilities, the same may be done by the City and the cost and expense shall be immediately paid by the Grantee to the City. If it is discovered by the City that Grantee has damaged, injured, or failed to restore the right -of -way in accordance with this Easement, the City shall provide the Grantee with written notice including a description of actions the City believes necessary to restore the right -of -way. If the right -of -way is not restored within ten days from written notice, the City, or its authorized agent, may restore the right -of- way and facilities. The Grantee is responsible for all costs and expenses incurred by the City to repair and restore the right -of -way and facilities in accordance with this Easement. 7. Inspections and Fees. All work performed by Grantee shall be subject to inspection by and approval of the City as required in City Code. 8. City Ordinances and Regulations. Nothing herein shall be deemed to direct or restrict the City's ability to adopt and enforce all necessary and appropriate ordinances regulating the performance of the conditions of this Easement, including any reasonable ordinances made in the exercise of its police powers in the interest of public safety and for the welfare of the public. The City shall have the authority at all times to control by appropriate regulations the location, elevation, and manner of construction and maintenance of any facilities by Grantee, and Grantee shall promptly conform with all such regulations, unless compliance would cause Grantee to violate other requirements of law. Dated this day of 2010. Grantor: CITY OF SPOKANE VALLEY: C STATE OF WASHINGTON ) ss. County of Spokane ) On this / day of J A01z - , 2010, before me, the undersigned, a Notary Public in and for the State of Washington, personally appeared Mike Jackson a rm-1?3 I -PH to me known to be the individualywho executed the within and foregoing instrument, and acknowledged the said instrument tom their free and voluntary act and deed for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. M. U = o "�. �+ i -A '4 vg LAG = 2 9.29 -J1 O - �'��� OP WASNt��: Notary Public in and for the tate f Washington, residing at My commission expires — Grantee: EAST SPOKANE WATER DISTRICT NO. 1 Rick tt, C r on oard of Commissioners Ed Peck, Secretary Board of Commissioners STATE OF WASHINGTON ) ss. County of Spokane ) On this _ day of 2010, before me, the undersigned, a Notary Public in and for the State of Washington, personally appeared Rick Scott, Chairperson Board of Commissioners for East Spokane Water District No. 1 and Ed Peck, Secretary, Board of Commissioners for East Spokane Water District No. 1, to me known to be the individuals who executed the within and foregoing instrument in their capacity as Commissioners for said Water District, and acknowledged the said instrument to be the free and voluntary act and deed of said Water District for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set and and official seal the day and year first above written. ' Nota Pu i n and for the State of Washington , residing at sc-4�6V'4"'Q VAI 7ires � ' l My commission ex = 1 ! > 3 �� eGOa� H L, SON i �p • &0 wy '