6030719, 6030720 Easement09/22/2011 02:22:20 PM 6030719
Recording Fee $127.00 Page 1 of 16
Easement GOVERNMENT, CITY OF SPOKANE VALLEY
Spokane County Washington
RETURN NAME and ADDRESS
City of Spokane Valley, Public Works Department
11707 E. Sprague Ave., Ste 304
Spokane Valley, WA 99206
Please Type or Print Neatly and Clearly All Information
09/22/2011 02:22:20 PM 6030720
Recording Fee $62.00 Page 1 of 1
Agreement GOVERNMENT, CITY OF SPOKANE VALLEY
Spokane County Washington
X111111111 III X111111111111111 X111 Id 11111111111111111 �1 X11 Ell IIIII 1111 X111
Document Title(s)
Land Use Easement and Agreement #E476007SPO1
Reference Number(s) of Related Documents
Deed 6148 Deed 357
Grantor(s) (Last Name.. First Name, Middle Initial)
Washington State Parks and Recreation Commission
Grantee(s) (Last Name, First Name, Middle Initial)
City of Spokane Valley Public Works
Legal Description (Abbreviated form is acceptable, i.e. Section/Township -Range /Qtr Section or Lot/Block, /Subdivision)
S W 1/4 of S ection 12, T25N, R 44 East W.M. Spokane County Washington
Assessor's Tax Parcel ID Number
The County Auditor will rely on the information provided on this form. The Staff will not read the document
to verify the accuracy and completeness of the indexing information provided herein.
Sign below only if your document is Non- Standard.
I am requesting an emergency non - standard recording for an additional fee as provided in RCW 36.18.010.
I understand that the recording processing requirements may cover up or otherwise obscure some parts of
the text of the original document. fQe for non - standard processing is $50.
Signature of
STATE OF WASHINGTON
PARKS AND RECREATION COMMISSION
Don Hoch, Director
Spokane Centennial Trail
Land Use Easement and Agreement # E476007SPOI
THIS AGREEMENT is made this i day of �,E i , 2011, between the
State of Washington, acting through the WASHINGTON STATE PARKS AND RECREATION
COMMISSION, as grantor (hereafter "State ") and City of Spokane Valley Public Works, a
division of a Washington State Municipality, (hereafter "Grantee ").
AUTHORITY
State is acting under those authorities granted to State and described under RCW 79A.05.070,
and Washington State Parks and Recreation Commission action of November 30 2006. The
easement granted hereunder is granted subject to and conditioned upon the following terms,
conditions and covenants which Grantee hereby promises to observe and perform faithfully and
fully (collectively, the "Agreement ").
1.0 EASEMENT
1.1 Conveyance State, for the consideration described in Section 1.3 Consideration
below, hereby conveys to Grantee a non - exclusive, non - divisible easement over a
parcel of land in Spokane County legally described as set forth in Exhibit A and
located approximately as shown on Exhibit B (hereafter "Easement Area ").
1.2 Term The easement shall be perpetual unless terminated as set forth hereafter.
1.3 Consideration — Lump Sum Payment
Grantee shall pay the sum of $2,000.00 as consideration for the easement granted
herein. Payment shall be due upon execution of this Agreement by Grantee; this
Agreement shall not be valid until payment is made to State.
1.4 Easement in Gross. The easement granted herein shall be deemed in gross for the
sole benefit of Grantee's use associated with any lands now owned or hereafter
acquired by Grantee. This easement shall not run with the land and is indivisible
and not transferable or assignable without State's prior written approval, which
shall be at State's sole discretion.
1.5 Title/Disclaimer. The rights granted herein are subject to permits, leases, licenses
and easements, if any, heretofore granted by State affecting the property subject to
this Agreement. Further, State does not warrant or imply that the Easement Area
is suitable for Grantee's intended use.
Easement and Agreement # E476007SPOI
Page 1 of 15
R. E. Excise Tax Exempt
Date G1 , a 20 l t
Spokane Go ytun y Treas.
11
2.0 PURPOSE AND SCOPE OF EASEMENT
2.1 Permitted Use The easement granted pursuant to this Agreement is for the
purpose of and is limited to constructing, installing, operating, maintaining,
repairing, replacing, and using Easement Area for drainage swale ( "Facilities"
herein) subject to Grantee obtaining and at all times possessing all applicable
federal, state and local permits. Grantee may not expand, change or modify the
purpose or scope of the easement granted herein without State's prior written
consent, which shall be at its sole discretion and shall be subject to applicable fees
according to State's fee schedule. Any unauthorized use of the Easement Area
shall be considered a material breach of this Agreement and may be the basis for
termination pursuant to paragraph 6.9 Breach or Default. No use will be deemed
authorized unless approved in advance in writing by State.
2.2 Grantee's Use and Activities. Grantee shall exercise its rights under this
Agreement so as to minimize, and avoid if reasonably possible, interference with
State's use of the Easement Area and adjoining park property for park purposes.
Grantee shall at all times conduct its activities on the Easement Area so as not to
interfere with, obstruct or endanger the public or State's operations or facilities.
3.0 RESERVATIONS
3.1 Reservations to State State reserves all ownership of the Easement Area and
resources thereon (including timber) and the right of use for any purpose
including, but not limited to, the right to remove resources within the Easement
Area; the right at all times to cross and re -cross the Easement Area at any place on
grade or otherwise; and the right to use, maintain, patrol, reconstruct or repair the
Easement Area so long as any such action by State does not unreasonably
interfere with Grantee's rights. Control of park gates, roads and lands shall
remain with State at all times. State may grant to third parties any and all rights
reserved, including easements and leases, so long as any such right granted to any
third party, or the exercise thereof, does not unreasonably interfere with the
Grantee's rights. In the event State elects to exercise rights provided by this
reservation, including future grants to third parties, State shall give written notice
to Grantee of such election.
3.2 Use of Area by State. Grantee has been advised and is aware that (a) State is
using or intends to use the Easement Area and adjoining park property for
recreational park purposes; (b) new park facilities may be constructed in addition
to or in replacement of such facilities already existing; and (c) construction of
such new facilities may require the installation of roads and other fixtures or
improvements over, upon, across and under the Easement Area, and, in addition,
may require the location of structures with permanent foundations within the
Easement Area.
Easement and Agreement # E476007SPOI Page 2 of 15
Nothing herein prevents or precludes State from undertaking construction,
installation and use of the Easement Area and adjoining park property, and State
will not be liable to Grantee or any other party for loss or injury resulting from
any damage or destruction of Grantee's Facilities directly or indirectly caused by
State's use of the Easement Area, adjoining park property, or State's facilities on
the Easement Area or adjoining park property, excepting for loss or injury which
results solely from State's failure to exercise reasonable care not to damage or
destroy Grantee's Facilities.
Further, State shall not be liable to Grantee for any increased cost to Grantee of
maintenance, repair or replacement of its Facilities due to State's use and
development of the property.
4.0 INSURANCE, WASTE AND ENVIRONMENTAL LIABILITY
4.1 Self- Insurance. In lieu of the coverage required under Sections 4.1 and 4.2, the
State, at its sole discretion, may accept evidence of self - insurance by the Grantee,
provided the Grantee provides a statement by a CPA or actuary, satisfactory to the
State, that demonstrates the Grantee's financial condition is satisfactory to self -
insure any of the required insurance coverages. The State may require the
Grantee to provide the above from time to time to ensure the Grantee's continuing
ability to self - insure. If at any time the Grantee does not satisfy the self - insurance
requirement, the Grantee shall immediately purchase insurance as set forth in
Sections 4.1 and 4.2. Notwithstanding any self - insurance by the Grantee, it is the
responsibility of the Grantee to ensure that its contractors and agents operating
within the Easement Area on behalf of the Grantee carry the required insurance.
4.4 Waste Grantee shall not cause or permit any filling activity to occur in or on the
Easement Area, except as approved in advance in writing by State. Grantee shall
not deposit refuse, garbage, or other waste matter in or on the Easement Area.
4.5 Hazardous Substances Grantee shall not, without State's prior written consent,
use, store, generate, process, transport, handle, treat, release, or dispose of any
hazardous substance or other pollutants in or on the Easement Area. The term
hazardous substance means any substance or material as those terms are now or
are hereafter defined or regulated under any federal, state, or local law including
but not limited to the Comprehensive Environmental Response, Compensation
and Liability Act (CERCLA, 42 U.S.C. 9601 et. seq.), or the Washington Model
Toxic Control Act (MTCA, RCW 70.105D). Grantee shall immediately notify
State if Grantee becomes aware of any release or threatened release of a
hazardous substance or other pollutant on the Easement Area or adjoining
property. If a release of hazardous substance or other pollutant occurs in, on,
under, adjacent to or above the Easement Area or adjacent property arising out of
any action of Grantee, its contractors, subcontractors, invitees, agents, employees,
Easement and Agreement # E476007SPOl Page 3 of 15
licensees, or permitees, Grantee shall, at Grantee's sole expense, promptly take all
actions necessary or advisable to clean up, contain, and remove the hazardous
substance or other pollutant in accordance with applicable laws. Any cleanup
shall be performed in a manner approved in advance in writing by State, except in
emergency situations Grantee may take reasonable and appropriate actions
without advance approval.
5.0 CONSTRUCTION, OPERATION AND MAINTENANCE
5.1 Plan of Development At least thirty (30) days prior to any development or the
construction of any and all Facilities, Grantee shall submit a completed Plan of
Development to the Capital Projects Program Manager at State for his/her written
approval and verification. State's approval will be contingent upon acceptance of
the Plan of Development by the applicable authorities. The Plan of Development
shall include, without limitation, the following:
a) Map showing areas to be developed, file reference # E476007SPO1, location
of Facilities and location of utility and other easements;
b) Land clearing, leveling and erosion control plans;
c) Specific physical characteristics, technical specifications and components of
Facilities;
d) Schedule of completion dates for Facilities components; and
e) Detailed description of activities to be conducted in the Easement Area.
No construction, reconstruction or development of any kind may take place within
the Easement Area prior to State's written approval of the Plan of Development
and verification that Grantee has obtained all applicable permits. State will notify
Grantee in writing of its verification of permits and approval of the Plan of
Development. Nothing in this Agreement shall be deemed to impose any duty or
obligation on State to determine the adequacy or sufficiency of Grantee's Plan of
Development or to ascertain whether Grantee's construction is in conformance
with the Plan of Development and Facilities Specifications approved by State.
During construction and maintenance, Grantee shall minimize soil erosion and
damage to soil. Grantee's equipment shall not be operated when ground
conditions are such that excessive soil damage or erosion will occur.
In case of incomplete improvements or development, Grantee shall restore the
Easement Area to its original condition, if State determines it to be in the best
interest for managing the Easement Area.
Easement and Agreement # E476007SPOI Page 4 of 15
5.2 Unauthorized Improvements. All improvements not included in the original
permitted use of the Easement Area, or as otherwise approved in advance in
writing by State, are prohibited and may be cause for termination under paragraph
6.9 Breach or Default. Improvements placed within the Easement Area without
State's prior written consent shall immediately become the property of State or at
State's option, may be required to be removed by Grantee at Grantee's sole cost.
5.3 Timber and Vegetation Removal Except as required by paragraph 5.8, Weed
Control, no timber or other vegetation may be cut or removed without the prior
written consent of and compensation to State according to the policies of the
Washington State Parks and Recreation Commission. If Grantee cuts or removes
timber or vegetation, all subsequent growth shall belong to State. Grantee shall
not eradicate by broadcast brush spraying, or other methods of removal, any
timber or vegetation on the Easement Area. Grantee shall take all reasonable
precautions to protect timber and vegetation. Any damage to timber or vegetation
not previously authorized by State shall be paid for by Grantee at triple the
appraised value as determined by State. In the event Grantee injures or damages
timber or vegetation while responding to an emergency such as, but not limited to,
a fire, flood, or Facilities failure, or necessary repair to the Facilities, Grantee
shall immediately thereafter restore the ground to its prior condition, including but
not limited to replacement of any such timber or vegetation to State's reasonable
satisfaction.
5.4 Damage Grantee, when exercising the rights granted herein, shall repair or cause
to be repaired, at its sole cost and expense, all damage to improvements on State
lands occasioned by it, which is in excess of that which it would cause through
normal and prudent exercise of such rights.
5.5 Restoration Upon completion of the work authorized herein, Grantee shall
immediately restore the surface of the Easement Area as required by State.
5.6 Survey Markers Grantee shall not destroy or disturb any survey markers
(including but not limited to corner markers, witness objects, or line markers)
without State's prior written approval. Markers that must necessarily be disturbed
or destroyed during construction shall be adequately referenced and replaced in
accordance with all applicable laws of the state of Washington, including but not
limited to RCW 58.24, and all State regulations pertaining to preservation of such
markers. Grantee shall re- establish such markers using a licensed land surveyor
or public official as prescribed by law according to U.S. General Land Office
standards at Grantee's sole cost.
5.7 Response to an Emergency Nothing contained herein shall prevent Grantee from
responding to an emergency relating to the Facilities on the Easement Area,
provided Grantee immediately provide written notice to State of said action.
Easement and Agreement # E476007SPOl Page 5 of 15
5.8 Weed Control Grantee shall control, at its own cost, all noxious weeds on the
Easement Area. Such weed control shall comply with county noxious weed
control board rules established under RCW 17.10. Grantee shall be responsible,
and shall immediately reimburse State, for any weed control cost incurred as a
result of Grantee's failure to control weeds on the Easement Area. All methods of
weed control shall be approved in writing by State prior to beginning such
activities. Aerial spraying is not permitted.
5.9 Aerial Application The aerial application of pesticides, insecticides and
herbicides is prohibited.
5.10 Wetlands Grantee shall not cause damage to or conduct any filling of any
wetlands without the proper written authorization from the appropriate
government agency and without receiving prior written approval from State.
5.11 Archaeology In the event archaeological, cultural or historic resources are found
or unearthed during any work or construction, Grantee shall comply with the
provisions of RCW 27.44 and RCW 27.53 and the rules of the Office of
Archaeological and Historic Preservation. Upon discovery of any such resources,
Grantee shall stop work and notify State.
5.12 Appearance of the Property Grantee shall keep the Easement Area in a neat,
clean, sanitary and safe condition, and shall keep the Easement Area, the
Facilities and all items therein installed by Grantee in good condition, except only
for reasonable wear and tear. Grantee shall store all trash, refuse and waste
material so as not to constitute a nuisance, in adequately covered containers,
which are not visible to the general public.
6.0 GENERAL TERMS AND CONDITIONS
6.1 Compliance with Laws and Regulations Grantee shall comply with all applicable
laws, including all federal, state, county and municipal laws, ordinances, and
regulations in effect, both current and future, for the design, construction,
maintenance, operation or improvement of the Facilities and use of the Easement
Area. Grantee shall so comply in a timely manner and at its sole expense.
In addition to compliance with those laws of the state of Washington pertaining to
forest protection, Grantee shall comply with any requirements pertaining to
burning procedure, blasting, watchman, extra patrol, pumpers, tankers, fire hose,
fire tools, etc., which State deems necessary for prevention and suppression of fire
resulting from construction operations.
6.2 Ownership and Maintenance of Facilities The facilities authorized herein shall
be continuously owned and maintained by Grantee at Grantee's sole expense.
Easement and Agreement # E476007SPOl Page 6 of 15
6.3 Assignment This Agreement, or any of the rights granted herein, shall not be
assigned without the State's prior written consent, except that the rights granted
herein may be used by any employee, contractor, or representative of Grantee
while engaged in Grantee's operations. In processing a request for assignment,
State shall charge Grantee its administrative costs and require additional
compensation for any additional use or user. In the event the State consents to the
assignment of Grantee's interest in this Agreement, the State reserves the right to
unilaterally amend, or terminate and replace, this Agreement to accommodate any
change in circumstances, conditions or parties. These rights are in addition to and
not a limitation upon State's discretionary authority under this Section.
6.4 Forfeiture In the event that any portion of the Easement Area is not used by
Grantee for the purpose for which it was granted within a period of two (2) years
from the day and year first above written, Grantee's rights within the Easement
Area shall revert to State, and the Easement Area shall be freed from the easement
as fully and completely as if this Agreement had not been entered into; provided,
however, an extension of time may be granted upon written request prior to the
expiration date of said two (2) year period and upon such additional terms and
conditions as may be specified by State; such terms and conditions shall include
State's right to modify the consideration due State which shall include, but not be
limited to, additional charges for administrative costs and appreciation of land and
valuable material.
Should Grantee cease to use the Easement Area for the purposes specified herein
for a period of two (2) years, it shall notify State of such nonuse; and the rights
granted herein shall revert to State.
6.5 Termination. In the event that this Agreement is terminated for any reason,
Grantee's rights within the Easement Area shall immediately revert to State, and
the Easement Area shall be freed from the easement as fully and completely as if
this Agreement had not been entered into.
6.6 Release and Indemnity Grantee does hereby release, indemnify and promise to
defend and save harmless State from and against any and all liability, loss,
damage, expense, actions and claims, including costs and reasonable attorneys'
fees incurred by State in defense thereof, asserted or arising directly on account of
or out of acts or omissions of Grantee and Grantee's servants, agents, employees
and contractors in the exercise of the rights granted herein; PROVIDED,
HOWEVER, this paragraph does not purport to indemnify State against liability
for damages arising out of bodily injury to persons or damage to property caused
by or resulting from the sole negligence of State or State's agents or employees.
PROVIDED, that if the claims or damages are caused by or result from the
concurrent negligence of (a) State, its authorized agents, officers or employees
and (b) Grantee, its authorized agents, contractors or employees, or involves those
Easement and Agreement # E476007SPOl Page 7 of 15
actions covered by Ch. 4.24.115 RCW, this indemnity provision shall be valid and
enforceable only to the extent of the negligence of Grantee or Grantee's
authorized agents, contractors or employees.
6.7 Attorney Fees and Venue. In the event the State is required to incur attorney fees
and costs to enforce Grantee's obligations under the terms of this agreement, in
addition to any other relief to which the State may be entitled, Grantee shall pay
to the State its costs and reasonable attorney fees. Venue for any action shall be
in Thurston County Superior Court. The laws of the state of Washington shall
govern any dispute and the interpretation of this Agreement.
6.8 Notices and Submittals. All notices, demands, and requests required under this
Agreement shall be in writing sent by United States registered or certified mail,
postage prepaid, and shall be addressed as follows:
If to State:
If to Grantee:
Washington State Parks and Recreation Commission City of Spokane Valley
Lands Program ATTN: Public Works Director
P.O. Box 42650 11707 Sprague Avenue
Olympia, WA 98504 -2650 Suite 106
Ph: (360) 902 -8500 Spokane Valley, WA 99206
Fax: (360) 902 -8840
With a Copy to:
Riverside State Park
ATTN: Park Manager
9711 West Charles Road
Nine Mile Falls, WA 99026
Or at such other place as either party may from time to time designate by written
notice to the other.
Notices, demands, and requests served upon State or Grantee as provided in this
Section in the manner aforesaid shall be deemed sufficiently served or given for
all purposes hereunder three (3) days after such notice, demand, or request shall
be so mailed in any post office in the state of Washington.
All notices served upon the State shall refer to file # E476007SPOI in the subject
line of the correspondence.
6.9 Breach or Default. If Grantee breaches or defaults on any undertaking, promise
or performance called for herein, State may terminate this Agreement after
Grantee has been given thirty (30) days' written notice of the breach or default
and (1) such breach or default has not been corrected within such time; or (2) if
Easement and Agreement # E476007SPOl Page 8 of 15
such breach or default cannot be reasonably corrected within such thirty (3 0) day
period, Grantee has not commenced such correction and thereafter continued
same with reasonable diligence. Upon such termination, all Facilities on the
Easement Area shall be forfeited and become the property of State subject only to
any previously approved waiver of interest or security interest. In addition to the
right of termination, State shall have any other remedy available in law or equity.
Any Grantee obligations not fully performed upon termination will continue until
fully performed. The failure of State to exercise any right at any time will not
waive State's right to terminate for any future breach or default. The failure by
State to provide notice to Grantee shall not relieve Grantee of its obligations
under this Agreement.
By way of specific illustration and not limitation, the occurrence of any of the
following events shall be deemed a breach of this Agreement, namely: if Grantee
makes an assignment for the benefit of creditors or files a voluntary petition under
any bankruptcy act or other law for the relief of debtors; or if an involuntary
petition is filed under any bankruptcy act or other law for the relief of debtors; or
an order for relief is entered for or against Grantee under any bankruptcy act or
other law for the relief of debtors; or if any department of any government or any
officer thereof shall take possession of Grantee's business or property. Upon any
such occurrence State, at its option, may, in addition to any other remedy
available at law or equity or hereunder, terminate this Agreement by notice to
Grantee and upon such termination Grantee shall quit and surrender the Easement
Area to State, but Grantee shall remain liable as provided by this Agreement.
6.10 Force Majeure. Grantee's failure to comply with any of the obligations under this
Agreement shall be excused only if due to causes beyond Grantee's control and
without the fault or negligence of Grantee, including acts of God, acts of the
public enemy, acts of any government, fires, floods, epidemics and strikes.
6.11 Amendments. Any amendments, revisions, supplements, or additions to this
Agreement or the attached exhibits shall be made in writing, executed by the
parties hereto, and neither State nor Grantee shall be bound by verbal or implied
agreements.
6.12 Discrimination. Grantee shall not conduct or suffer any business upon the
Easement Area which unlawfully discriminates against any person on the basis of
race, color, creed, religion, sex, age, or physical or mental handicap.
6.13 Emergency Action. State may take such emergency action as is necessary to
protect the public health, safety and welfare, including, but not limited to,
temporary closing or otherwise restricting Grantee's use of the Easement Area.
Grantee understands that it shall have no recourse against State for any losses
incurred as a result of State's taking such action.
Easement and Agreement # E476007SPOI Page 9 of 15
6.14 Interpretation. This Agreement has been submitted to the scrutiny of all parties
hereto and their counsel if desired, and shall be given a fair and reasonable
interpretation in accordance with the words hereof, without consideration or
weight being given to its having drafted by any party hereto or its counsel.
6.15 Non - Waiver. No failure of State to insist upon the strict performance of any
provision of this Agreement shall be construed as depriving State of the right to
insist on strict performance of such provision or any other provision in the future.
No waiver by State of any provision of this Agreement shall be deemed to have
been made unless expressed in writing and signed by State.
6.16 Remedies Cumulative. The specified remedies to which State may resort under
this Agreement are cumulative and are not intended to be exclusive of any other
remedies or means of redress to which State may lawfully be entitled in case of
any breach or threatened breach by Grantee.. In addition to the remedies provided
in this Agreement, State shall be entitled to the restraint by injunction of the
violation, or attempted or threatened violation, of any of the terms and conditions
of this Agreement.
6.17 Severability. If any term of this Agreement or the application thereof to any
person or circumstance is found to be to any extent invalid or unenforceable, the
remainder of this Agreement, or the application of such term or provision to
persons or circumstances other than those as to which it is invalid or
unenforceable, shall not be affected thereby, and each term of this Agreement
shall be valid and be enforced as written to the fullest extent permitted by law.
6.18 State's Consent. Except in the case of assignment and purpose of the easement,
State shall not unreasonably withhold its consent where such consent is expressly
provided for in this Agreement.
Easement and Agreement # E476007SPOI Page 10 of 15
6.19 Recording. Upon full execution, Grantee shall promptly record this Agreement in
Spokane County and shall provide a copy of the recorded Agreement to State.
IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the date
first above written.
GRANTEE
By
Name
A 2 ::: 2 z4 a
Title f aj . 4 tdz �y _
WASHINGTON STATE PARKS AND
RECREATION COMMISSION
By L
Larry Fairleigh, Direc or Parks
Development
Under Commission delegated authority of
November 30, 2006
Approved as to form only:
ROB MCKENNA
Attorney General
By /s/Mark Schumock 8/28/2003
MARK SCHUMOCK
Assistant Attorney General
Easement and Agreement # E476007SPOI Page 11 of 15
GRANTEE'S ACKNOWLEDGMENT
STATE OF WASHINGTON )
) ss.
County of )
THIS IS TO CERTIFY that on this day, before me the undersigned Notary Public in and
for the State of Washington, duly commissioned and sworn, personally appeared
to me known to be the re- d�(nT of
that executed the foregoing instrument and acknowledged the said
instrument to be the free and voluntary act and deed of said e
c= a , for the uses and
purposes therein mentioned, and on oath stated that r � v was a thorized to execute the said
instrument.
WITNESS my hand and official seal this day of t '20k.
40
No Public i
residing at
My commission
for the State
Tashington
Easement and Agreement # E476007SPOI Page 12 of 15
•a
WASHINGTON STATE PARKS & RECREATION COMMISSION
ACKNOWLEDGMENT
STATE OF WASHINGTON )
) ss.
County of THURSTON )
THIS IS TO CERTIFY that on this day, before me the undersigned Notary Public in and
for the State of Washington, duly commissioned and sworn, personally appeared
to me known to be the r, j jk Y.: U U .c 14.
the Wash gton State Parks and Recreation Commission that executed the foregoing
instrument and acknowledged the said instrument to be the free and voluntary act and deed of
said Commission, for the uses and purposes therein mentioned, and on oath stated that
was authorized to execute the said instrument.
WITNESS my hand and official seal this -1 day of 20 A.
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Notary �Iiin and for the State of Washington
residing at k
My commission expires Lg
Easement and Agreement # E476007SPOI Page 13 of 1 <
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EXHIBIT A
LEGAL DESCRIPTION OF EASEMENT AREA
That portion of Government Lot 5, according to U.S. Government subdivision procedures, of
SW 1/4 of Section 12, Township 25 North, Range 44 East, W.M., Spokane County, Washington,
lying easterly of Sullivan Road right of way, CRP 1204 per Deed 614840C, southerly of Flora Pit
Road right of way per Deed 357750B and northerly and westerly of the following described line:
Commencing at the Southwest Corner of said Section 12; thence North, along the west line of
said section, 634.00 feet; thence East, perpendicular to said west line, 90.00 feet to the easterly
right of way line of said CRP 1204 and Point of Beginning; thence continuing East, 177.00 feet;
thence North, parallel with said west line, 80.37 feet to the south right of way line of said Flora
Pit Road and Point of Terminus of this description.
Situate in Spokane County, WA
Easement and Agreement #E476007SO1
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PROFESSIONAL LAND SURVEYING AND PLANNING
1004 N. ATLANTIC AVENUE • SPOKANE, WA 99201
(509) 325 -4529 • (FAX) 325 -4520
( IN FEET ) SW 1/4 SEC 12, TWP. 25 N., R. 44 E., W.M.
1 INCH = 40 FT . W.O. NUMBER: 11 -04 F.B. NUMBER: 2011 LL PRINT DATE: 03 -09 -2011