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Avista Easement Brown's ParkDiane'f Evans Contract Right of Way Representative Real Estate Department Avista Utilities 1411 East Mission PO Box 3727 Spokane, Washington 99220 -3727 Telephone 509 - 495 -8488 Toll Free 800- 727 -9170, ext. 8488 Facsimile 509 - 495 -8734 devans@avistacorp.com ,AIVIsra •� ► ►�v�sta Utilities Utilities Washington Water Power Division Washington Water Power Division A division of Avista Corp. cel;;V� December 9, 1999 O Steve Horobioski 1 v 741 Department of Parks and Recreation 404 North Havana Spokane, WA 99202 Dear Steve, Thanks for faxing me the park plan. Here is the easement we will need for the gas service line the Water District has requested. Apparently there is a need to serve a gas heater at the pump station. Please pass this on to Wyn and have him call me or Ty Wick at the District if he has any questions. Thanks again for your help. Sincerely, iane Evans, Real Estate Representative A division of Avista Corp. Return Address Avista Corporation Real Estate Department P.O. Box 3727 Spokane, Washington 99220 -3727 NATURAL GAS PIPELINE RIGHT OF WAY EASEMENT For and in consideration of Mutual Benefits, the receipt of which is hereby acknowledged, Spokane County, a Municipal Corporation, "Grantor" hereby grants, conveys and warrants to, Avista Corporation, a Washington corporation, "Grantee ", a perpetual easement, over, under, along and across real property identified as Assessor Parcel #45273.9036 located in Southwest Quarter of Section 27, T. 25 N, R. 44 E., W.M. Spokane County, State of Washington, and being more particularly described as follows: The South 660 feet of the West 594 feet of the South Half of the Southwest Quarter (S1/2 SW1/4) of Section 27, Township 25 North, Range 44 East, W.M., EXCEPT that portion designated for roadway purposes, in Spokane County, State of Washington. 1. PURPOSE. Grantee shall have the right to construct, reconstruct, operate, maintain, repair, relocate, replace and remove a natural gas pipeline together with all associated fixtures and appurtenances known as "facilities" on, under, along and across the herein described property, together with the right to prohibit the construction of any building laterally within 5 feet of the gas line centerline. This ten feet (10') wide easement is centered over the gas line as constructed as schematically shown on EXHIBIT "A "attached hereto and made a part hereof as page 3 of 3. 2. ACCESS AND DAMAGE Grantee shall have access over and across the above described property and the adjoining property of the Grantor for the purpose of the installation, repair and maintenance of said facilities, provided the Grantee repairs damages or compensates the Grantor for any damage to said properties as a result of such access and repair and maintenance. 3. RIGHT OF WAY CLEARING AND MAINTENANCE. Grantee shall have the right to cut, trim and remove any and all brush , branches and trees, including danger trees, on the above described or adjoining property of the Grantor, that in the opinion of the Grantee, could interfere with the safe and reliable operation of Grantee's facilities as described herein, or that could interfere with the, exercise of Grantee's rights as granted herein. 4. GRANTOR'S USE OF THE PROPERTY. Grantor reserves the right to the use and enjoyment of the property described herein, but such use shall not conflict or interfere with the Grantee's rights herein granted. Grantor shall not construct, place or maintain any building or structures that would interfere with the maintenance or safe operation of said facilities or that are not in compliance with all safety and building codes, regulations and laws. Avista Corporation Document No. Page 1 of 3 5. INDEMNITY. The Grantee agrees to indemnify and hold harmless the Grantor from any and all claims for damages suffered by Grantor including Grantor's agents, guests and employees which may be caused by Grantee's negligence in the exercise of the rights herein granted, provided, that the Grantee shall not be responsible to Grantor or Grantor's agents, guests or employees for any damages or injury to any person or property caused by acts or omissions of Grantor, including Grantor's agents, guests or invitees. 6. SUCCESSORS AND ASSIGNS. The rights and obligations of the parties shall be for the benefit of and be binding upon their respective successors, heirs and assigns. State of Washington ) : ss County of Spokane ) IN WITNESS WHEREOF, The said SPOKANE COUNTY, a Municipal Corporation, has caused it's corporate name and seal to be hereunto subscribed and affixed: and these presents to be executed by its officers thereunto duly authorized this day of , BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WA ATTEST: Chairman Clerk of the board GIVEN under my hand and official seal this day of , Notary (signature) Notary (print name) NOTARY PUBLIC in and for the State of Washington, residing at My commission expires Avista Corporation Document No.. Page 2 of 3 AVISTA CORPORATION EXHIBIT " A " Not to Scale on o W Spokane County — Browns Park Section 27, Township 25 N, Range 44 E., W.M. Parking ar? Spokane County •���. Water District #3 0 1 Pump Station fence / gate /,0 C Centerline 10' wide Natural Gas Easement � I a� U N I �1 32 Avenue Avista Corporation Document No Page 3 of 3 Return Address Avista Corporation Real Estate Department P.O. Box 3727 Spokane, Washington 99220 -3727 NATURAL GAS PIPELINE RIGHT OF WAY EASEMENT For and in consideration of Mutual Benefits, the receipt of which is hereby acknowledged, Spokane County, a Municipal Corporation, "Grantor" hereby grants, conveys and warrants to, Avista Corporation, a Washington corporation, "Grantee ", a perpetual easement, over, under, along and across real property identified as Assessor Parcel #45273.9036 located in Southwest Quarter of Section 27, T. 25 N, R. 44 E., W.M. Spokane County, State of Washington, and being more particularly described as follows: The South 660 feet of the West 594 feet of the South Half of the Southwest Quarter (SI /2 SW1 /4) of Section 27, Township 25 North, Range 44 East, W.M., EXCEPT that portion designated for roadway purposes, in Spokane County, State of Washington. 1. PURPOSE. Grantee shall have the right to construct, reconstruct, operate, maintain, repair, relocate, replace and remove a natural gas pipeline together with all associated fixtures and appurtenances known as "facilities" on, under, along and across the herein described property, together with the right to prohibit the construction of any building laterally within 5 feet of the gas line centerline. This ten feet (10) wide easement is centered over the gas line as constructed as schematically shown on EXHIBIT "A" attached hereto and made apart hereof as page 3 of 3. 2. ACCESS AND DAMAGE Grantee shall have access over and across the above described property and the adjoining property of the Grantor for the purpose of the installation, repair and maintenance of said facilities, provided the Grantee repairs damages or compensates the Grantor for any damage to said properties as a result of such access and repair and maintenance. 3. RIGHT OF WAY CLEARING AND MAINTENANCE. Grantee shall have the right to cut, trim and remove any and all brush , branches and trees, including danger trees, on the above described or adjoining property of the Grantor, that in the opinion of the Grantee, could interfere with the safe and reliable operation of Grantee's facilities as described herein, or that could interfere with the exercise of Grantee's rights as granted herein. 4. GRANTOR'S USE OF THE PROPERTY. Grantor reserves the right to the use and enjoyment of the property described herein, but such use shall not conflict or interfere with the Grantee's rights herein granted. Grantor shall not construct, place or maintain any building or structures that would interfere with the maintenance or safe operation of said facilities or that are not in compliance with all safety and building codes, regulations and laws. Avista Corporation Document No. Page I of 3 5. INDEMNITY. The Grantee agrees to indemnify and hold harmless the Grantor from any and all claims for damages suffered by Grantor including Grantor's agents, guests and employees which may be caused by Grantee's negligence in the exercise of the rights herein granted, provided, that the Grantee shall not be responsible to Grantor or Grantor's agents, guests or employees for any damages or injury to any person or property caused by acts or omissions of Grantor, including Grantor's agents, guests or invitees. 6. SUCCESSORS AND ASSIGNS. The rights and obligations of the parties shall be for the benefit of and be binding upon their respective successors, heirs and assigns. State of Washington ) : ss County of Spokane) IN WITNESS WHEREOF, The said SPOKANE COUNTY, a Municipal Corporation, has caused it's corporate name and seal to be hereunto subscribed and affixed: and these presents to be executed by its officers thereunto duly authorized this day of , BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WA ATTEST: Chairman Clerk of the board GIVEN under my hand and official seal this day of , Notary (signature) Notary (print name) NOTARY PUBLIC in and for the State of Washington, residing at My commission expires Avista Corporation Document No. Page 2 of 3 AVISTA CORPORATION EXHIBIT " A " Not to Scale �s ao Q W i v1 Spokane County — Browns Park Section 27, Township 25 N, Range 44 E., W.M. Parking area Spokane County Water District #3 Pump Station fence gate / 0 0 C — 0 Centerline 10' wide Natural Gas Easement 1 J i N I cz 32 Avenue Avista Corporation Document No. Page 3 of 3