5949548 Easement, Grant of Perpetual 11/02/2010 04:32:02 PM 5949548
Recording Fee $0.00 Page 1 of 10
Easement SPOKANE COUNTY ENG OFFICE
Spokane County Washington
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After Recording Return To:
Spokane County Engineer's Office
Attn.: Right of Way Department
1026 West Broadway Avenue
Spokane,WA 99260-0170
Document Title: Grant of Perpetual Easement
Reference Number of Related Documents: Resolution No. 10-0781
Grantor: Government, County of Spokane
Grantee: Government, City of Spokane Valley
Legal Description: NW 1/4 of NE 1/4 of Section 13, Township 25 North, Range 44 East,
W.M., City of Spokane Valley, Spokane County, Washington.
Assessors Tax Parcel ID Number: 45135.9093
The County will rely on the information provided on this form. The Staff will not read the document
to verify the accuracy or completeness of the indexing information provided herein.
After recording,return to: it) 6 7g/
Return to County Engineer
Right of Way Department
QUIT CLAIM DEED
GRANT OF PERPETUAL EASEMENT
Grantor: Spokane County
Grantee: City of Spokane Valley
Abbreviated legal description: (See legal description below)
Parcel No.: 45135.9093
Spokane County(Grantor), a political subdivision of the State of
Washington,having its principal place of business at 1116 West Broadway,
Spokane, WA 99260, in consideration of mutual benefits derived therefrom,
conveys and quitclaims to City of Spokane Valley(Grantee), a municipal
corporation of the State of Washington,having its principal place of business at
11707 East Sprague, Suite 106, Spokane Valley, WA 99206, a perpetual,
nonexclusive easement over and across the real property (Property) situated in
Spokane County, State of Washington, legally described as:
Grant of Perpetual Easement
Page 1 of 9
R.E.Excise Tax Exempt
Date ►b - ci 20 i L)
Spokane County Treas.
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A portion of Burlington Northern Railroad Company's (formerly Great Northern Railway
Company's) Spokane to Greenacres, Washington Branch Line right of way, being a portion
of the property as described in Quit Claim Deed recorded in Volume 1178 of Deeds, Pages
1634 through 1640 under Auditor's File Number 9103270283 records of Spokane County,
now discontinued, being of variable widths on each side of said Railroad Company's Main
Track centerline as originally located and constructed upon, over and across Government
Lots 1, 2, 3, and 4 in the Northwest Quarter of the Northeast Quarter of Section 13,
Township 25 North,Range 44 East,Willamette Meridian, City of Spokane Valley, Spokane
County,Washington,more particularly described as follows;
BEGINNING at the Northwesterly most corner of Lot 1 of the FINAL PLAT OF HANSON
CENTER EAST ADDITION BINDING SITE PLAN BSP-02-09, recorded in Book 3 of
binding site plans,Pages 20 thru 22,said point also being on the Southerly line of the North
30 feet of the 60 foot Right of Way as described in the said Quit Claim Deed; thence
N78°37'56"W along said Southerly line a distance of 193.33 feet; thence N74°25'05"E a
distance of 66.19 feet to the intersection with the Northerly line of said 60 foot Right of
Way; thence S78°37'56"E along said Northerly line a distance of 171.30 feet; thence
S60°00'47"W a distance of 45.41 feet to said Southerly line; thence N78°37'56"W along
said Southerly line a distance of 2.89 feet to the POINT OF BEGINNING.
Containing 5,513 square feet more or less.
A PORTION OF ASSESSOR'S TAX PARCEL NO. 45135.9093
The term of this easement shall be perpetual and shall be for the benefit of the
Grantee and/or its assigns forever.
The easement granted hereby is subject to all existing licenses, easements, deeds,
encumbrances, exceptions and reservations of record. This conveyance is
contingent upon the unqualified acceptance and acknowledgement by Grantee of
all conditions and reservations herein:
Grant of Perpetual Easement
Page 2 of 9
1. The easement shall be used for public road purposes. Grantee is granted
all rights associated with the easement necessary for the construction and
maintenance of a public road within the boundaries of the easement,
subject to all laws and regulations that may govern said construction
and/or maintenance. Grantee assumes any and all responsibility and
liability associated with the construction, maintenance and/or use of the
public road within the boundaries of the easement, and, except as herein
specifically stated, shall indemnify, defend and hold harmless the Grantor
from and against any and all claims, causes of action, demands and
liability associated with the construction,maintenance and/or use of the
public road as described above.
2. Grantor reserves to its self and/or to its assigns the right to enter upon the
Property to operate, repair, construct, and reconstruct its sanitary sewer
lines,together with any and all necessary appurtenances thereto, over,
across and under the Property. Spokane County anticipates that a
reclaimed water line may need to be constructed through the Property in
the future. In the event that such a line is constructed,the Grantee, (City
of Spokane Valley), agrees to pay a portion of the associated road
restoration costs. The City of Spokane Valleys' share of the road
restoration costs shall be the value of$5,000.00 on March 1, 2010,
adjusted to current value on the last day of the month in which the road
Grant of Perpetual Easement
Page 3 of 9
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restoration work is completed, using the Seattle Area Construction Cost
Index as published by Engineering News Record.
Grantee agrees to designate and preserve an easement twenty(20)feet in
width for the reclaimed water line. Said waterline easement shall be in a
location that provides a minimum horizontal separation of ten(10)feet
between the reclaimed water line and any other water and sanitary sewer
lines crossing Indiana Avenue within the former railroad right of way.
Grantee agrees to waive the restrictions on pavement cuts established by
the "Pavement Cut Policy" in the event that Spokane County must proceed
with the installation of the reclaimed water line during the period in which
said policy would prohibit pavement cuts. Pavement cuts for the
reclaimed water line shall be allowed to run parallel to the alignment of
the pipeline.
3. The perpetual easement granted by this instrument shall be subject to and
subordinate to a perpetual easement from Grantor for the benefit of
Consolidated Irrigation District No. 19 for the installation, operation and
maintenance of a sixteen(16) inch water main and appurtenances and
Consolidated Irrigation District No. 19 and or its assigns shall have the
perpetual right and privilege to install, reinstall,replace, operate, inspect
and maintain a water pipeline and that no permanent structures be
Grant of Perpetual Easement
Page 4 of 9
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constructed on said strip of land that would interfere with the exercise of
the easement granted to Grantee herein. Additionally,there shall be no
activity over said easement which will result in there being less than five
(5) feet of cover over the pipeline.
4. Grantor makes no representation whatsoever regarding the condition of
the Property, including but not limited to its environmental condition as
that term is defined in any applicable federal, state or local ordinance,
code, regulation or court order,without limitation.
Grantor shall indemnify, defend and hold harmless the Grantee from and
against any and all claims, causes of action, demands and liability
associated with the existence, removal or remediation of any Hazardous
Substance located within or that leach or migrate into the boundaries of
the easement,which are the result of activities solely of Grantor and/or its
licensees/invitees.
Grantee shall indemnify, defend and hold harmless the Grantor from and
against any and all claims, causes of action, demands and liability
associated with the existence,removal or remediation of any Hazardous
Substance located within or that leach or migrate outside of the boundaries
of the easement,which are the result of activities other than the activities
solely of Grantor and/or its licensees/invitees.
Grant of Perpetual Easement
Page 5 of 9
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This condition shall also apply to both parties regarding any liability
arising from the off-site disposal, handling,treatment, storage or
transportation of Hazardous Materials removed from the boundaries of the
easement or that leach or migrate outside of the boundaries of the
easement.
5. Grantor shall retain the right of free and open ingress and egress to and
from the Property for access to the sewer system and to other parcels
owned by Grantor abutting the Property for the aforementioned purposes.
6. Grantee will not cause or allow to be caused any damage to the sanitary
sewer lines,water pipeline, and appurtenances thereto. Grantee
understands that any such damage is the sole responsibility and liability of
the Grantee.
7. Wherever referred to herein,the term Grantee shall apply to Grantee, its
successors, assigns or designees, who shall be severally and collectively
liable for any and all performance hereunder.
Wherever referred to herein,the term Grantor shall apply to Grantor, its
successors, assigns or designees, who shall be severally and collectively
liable for any and all performance hereunder.
Grant of Perpetual Easement
Page 6 of 9
8. The terms,conditions and requirements of this Quit Claim Deed are
enforceable by either party through an action for specific performance in
Spokane County Superior Court.
Dated this //1+! day of Ze1e,Yl , 2010
BOARD OF COUNTY COMMISSIONERS
OF SPOKANE COUNTY,WASHINGTON L;%
MARK RICHARD,Chairman
ATTEST: f3ONNIE MAGER,Vice- hairman
S(kai( 6 W2W7
Daniela Erickson /D - d 9 g/ TO D D MIELKE, ommissioner
Clerk of the Board
STATE OF WASHINGTON )
) ss.
County of Spokane/�` i�
On this Iday of Sep ¢ , 2010, before me, the
undersigned, a Notary Public in and for the State of Washington, duly
commissioned and sworn, personally appeared, MARK RICHARD, BONNIE
MAGER, and TODD MIELKE that executed the within and foregoing
instrument, and acknowledged the said instrument to be the free and voluntary act
and deed of said political subdivision, for the uses and purposes therein
mentioned, and on oath stated that they were authorized to execute said
instrument.
Grant of Perpetual Easement
Page 7 of 9
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IN WITNESS WHEREOF,I have hereunto set my hand and affixed my
seal the day and year first written above.ale/6 -6& A:et&r)
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••••1°N xA���,�.� NOTARY PUBLIC in and or the State of
k* 9•• O Washington,residing at .4,•P___4_4
F•
'U NOTARY �•' - My commission expires: J, •�I
u,? PUBLIC
''' W„ss‹\�‘‘` ACCEPTENCE
The terms and conditions stated above in this instrument are binding upon
Grantee and/or its assigns and are hereby agreed to and accepted by Grantee as
witnessed by the signatures affixed below.
DATED: /( /c / ?O' O CI Y I F SPOKANE VALLEY
r
ATTEST,: I
"' /i/,
�� Mike Jacilon, City Manager
hristine Bainbridge, City Clerk
APPROVED AS TO FORM ONLY:
.--;)! • (
Officf the City lorney
STATE OF WASHINGTON )
) ss.
County of Spokane )
Grant of Perpetual Easement
Page 8 of 9
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On this 26/ day of C/e. e , 2010, before me, the
undersigned, a Notary Public in and for the State of Washington, duly
commissioned and sworn, personally appeared MIKE JACKSON, CITY
MANAGER, that executed the within and foregoing instrument, and
acknowledged the said instrument to be the free and voluntary act and deed of
said political subdivision, for the uses and purposes therein mentioned, and on
oath stated that he was authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
seal the day and year first written above.
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NOTARY PUBLIC in and ft the/State / ,,
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#,,=-4.�N EXpn,��c /// My commission expires: -� #
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Grant of Perpetual Easement
Page 9 of 9
After Recording Return to: Spokane County Engineer
Attn: Engineering Administration,
1026 W. Broadway Ave.,
Spokane WA 99260
RESOLUTION NO. 'D — O 7j
BEFORE THE BOARD OF COUNTY COMMLSSIONERS OF SPOKANE COUNTY,WASHINGTON
IN THE MATTER OF AMENDING THE LEGAL )
DESCRIPTION FOR THE DEDICATION OF )
COUNTY GENERAL OWNED PROPERTY FOR ) AMENDING
RIGHT OF WAY PURPOSES TO THE CITY OF ) RESOLUTION
SPOKANE VALLEY BEING A PORTION OF THE )
FORMER BURLINGTON NORTHERN RAILWAY )
BRANCH LINE RIGHT OF WAY AND A PORTION )
OF ASSESSOR'S TAX PARCEL NO.45135.9093 )
WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board of County
Commissioners of Spokane County(hereinafter sometimes referred to as the`Board")has the care
of County property and the management of County funds and business;and
WHEREAS,pursuant to the provisions of RCW 36.34.290 and RCW 36.34.300 the Board
of County Commissioners may dedicate any county land to public use for public streets and alleys
in any city or town;and
WHEREAS, the Board of County Commissioners of Spokane County did approve the
dedication of County General owned property for right of way purposes by Resolution No.10-0203
on March 2n1,2010 and executed a Quit Claim Deed,Grant of Perpetual Easement. This easement
was for a portion of Indiana Avenue proposed to bisect the former Burlington Northern Railroad
Company's Spokane to Greenacres,Washington Branch Line right of way,being a portion of the
property described in Quit Claim Deed recorded in Volume 1178 of Deeds,Pages 1634 through
1640 under Auditor's File Number 9103270283 has been funded for construction within the City of
Spokane Valley under City of Spokane Valley Indiana Avenue Extension Project No.0112;and
WHEREAS,the City of Spokane Valley determined that additional dedication of a portion
of the former Burlington Northern Railroad Company property aforementioned which bisects the
extension of Indiana Avenue within the City of Spokane Valley this roadway to be constructed
with Indiana Avenue Extension Project No. 0112 is needed for construction purposes and to
provide for legal access for the traveling public;and
constructed,the City agrees to pay a portion of the associated road restoration
costs. The City's share of the road restoration costs shall be $5,000.00 in
March,2010 dollars,inflated to the month in which the road restoration work
is completed,using the Seattle Area Construction Cost Index as published by
Engineering News Record.
(2) A perpetual is easement is retained for the benefit of Consolidated Irrigation
District No.19 for the installation,operation,and maintenance of a sixteen(16)
inch water main and appurtenances and Consolidated Irrigation District No. 19
and or its assigns shall have the perpetual right and privilege to install,
reinstall, replace, operate, inspect and maintain a water pipeline and that no
permanent structures be constructed on said strip of land that would interfere
with the exercise of the easement granted herein additionally,that no activity
over said easement which will result in there being less than five(5)feet of
cover above the pipeline;and
(3) Spokane County shall retain the right of free and open ingress and egress to
and from the Property for access to the sewer system and to other parcels
owned by Spokane County abutting the Property for the aforementioned
purposes;and
(4) The City of Spokane Valley will not cause or allow to be caused any damage to
the sanitary sewer lines,water pipeline,and appurtenances thereto. The City of
Spokane Valley understands that any such damage is the sole responsibility
and liability of the City of Spokane Valley.
PASSED AND ADOPTED my the Board of County Commissione of e County,
Washington thisr,✓ „I�ij'•y of _41 441v 2010.
,400,
Mark •'chard,Chair
<=3
Al EST:
Bonnie Mager,Vice-Chair
Al II _ 1 /
DanielaErickson d —Crjg/ , i`
Clerk of the Board To.. ielke,Commiss'oner
After Recording Return to: Spokane County Engineer
Attn: Engineering Administration,
1026 W. Broadway Ave.,
Spokane WA 99260
RESOLUTION NO. / — el
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY,WASHINGTON
IN THE MATTER OF DEDICATION OF )
COUNTY GENERAL OWNED PROPERTY FOR )
RIGHT OF WAY PURPOSES TO THE CITY OF ) RESOLUTION
SPOKANE VALLEY BEING A PORTION OF THE )
FORMER BURLINGTON NORTHERN RAILWAY )
BRANCH LINE RIGHT OF WAY AND A PORTION )
OF ASSESSOR'S TAX PARCEL NO.45135.9093 )
WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board of County
Commissioners of Spokane County(hereinafter sometimes referred to as the`Board") has the care of
County property and the management of County funds and business;and
WHEREAS, pursuant to the provisions of RCW 3634.290 and RCW 3634.300 the Board of
County Commissioners may dedicate any county land to public use for public streets and alleys in any
city or town;and
WHEREAS,that portion of Indiana Avenue proposed to bisect the former Burlington Northern
Railroad Company's Spokane to Greenacres,Washington Branch Line right of way,being a portion of
the property described in Quit Claim Deed recorded in Volume 1178 of Deeds,Pages 1634 through 1640
under Auditor's File Number 9103270283 has been funded for construction within the City of Spokane
Valley under City of Spokane Valley Indiana Avenue Extension Project No.0112;and
WHEREAS,the City of Spokane Valley has formally requested the dedication of a portion of the
former Burlington Northern Railroad Company property aforementioned which bisects the extension of
Indiana Avenue within the City of Spokane Valley this roadway to be constructed with Indiana Avenue
Extension Project No.0112 which is needed for construction purposes and to provide for legal access for
the traveling public;and
WHEREAS,the Spokane County Engineer,consistent with the request of the City of Spokane
Valley referenced in the immediately preceding recital deems it in the best interests of the public that the
property described in the immediately following recital be dedicated to the City of Spokane Valley for
streets and recommends approval of this dedication for roadway purposes;and
WHEREAS,following is the legal description of said right of way dedication:
(3) Spokane County shall retain the right of free and open ingress and egress to and from
the Property for access to the sewer system and to other parcels owned by Spokane
County abutting the Property for the aforementioned purposes;and
(4) The City of Spokane Valley will not cause or allow to be caused any damage to the
sanitary sewer lines,water pipeline,and appurtenances thereto. The City of Spokane
Valley understands that any such damage is the sole responsibility and liability of the
City of Spokane Valley.
PASSED AND ADOPTED by the Board of County Commissioners of Spokane County,
Washington thi iE j/ 2010.
"" .):tiE GO f (11, �l /
ar '>l' �'1` d,Chan
ar
Al'1'EST: `‘ /!e ' W 1 4
Bonnie Mager,Vice-Chair
1( . ( i• /
Daniela Erickson /O D Alb 3 . '
Clerk of the Board Tod-7''elke,Co-
mmis '.ner
STATE OF WASHINGTON )
ss.
County of Spokane )
On this-?O,d day ofm,( t ,2010,before me,the undersigned,allotary Public in and for
the State of Washington,duly commissioned and sworn,personally appeared Mark Richard,Bonnie Mager
and Todd Mielke to me known to be the Commissioners of the Board of County Commissioners of Spokane
County,a political subdivision of the State of Washington,that executed the within and foregoing instrument,
and acknowledged the said instr anent to be the free and voluntary act and deed of said political subdivision,
for the uses and purposes therein mentioned,and on oath stated that they were authorized to execute said
instrument,and that the seal affixed is the seal of said County.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my seal the day and year first
written above. �Q�
`putntttutgryrq ��,"�`�lo,Ut �` V 1.�
NOTARY PUBLIC in and 'srtheS .1-of
y��gte Washington,residing at Spo .•e.
6'• way # , My commission expires: (,4U/1"
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