Resolution 04-002 Accpeting Public Access Easement from Walgreens •
CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
RESOLUTION NO.04-002
A RESOLUTiON OF TILE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASiHINGTON,ACCEPTING A PUBLIC ACCESS EASEMENT FROM
WALGREENS COMPANY.
WHEREAS, Walgreens Company, an Illinois corporation, is the owner of certain real property
(hereafter referred to as Walgreens Property) in the City of Spokane Valley, Washington further
described as Parcel Nos. 45222.0408,45222.0409,45222.0410 and 45222.0411; and,
WHEREAS, the City of Spokane Valley, a Washington municipal corporation, is the owner of a
fifteen (15) foot wide public alley right-of-way (hereafter referred to as Public Alley) abutting the
Walgreens Property to the immediate south; and,
WHEREAS, a building permit application to construct a 14,418 square foot Walgreens store on
the Walgreens Property has been submitted to the City of Spokane Valley Building Division; and,
WHEREAS, Walgreens has requested City authorization to use the Public Alley for customer
site access to the Walgreens Property; and,
WHEREAS, during the course of the City's review of the building permit application, City staff
have recommended the establishment of a five (5) foot wide public access easement along the southern
property line of the Walgreens Property abutting the Public Alley to provide increased vehicular
maneuvering area;and,
WHEREAS, Walgreens Company has accepted and supports the City staff recommendation for
the establishment of the public access easement as evidenced in the attached Public Access Easement
document; and,
WHEREAS, RCW 35A.11.010 (Rights, Powers and Privileges) specifies that the City of
Spokane Valley may purchase, lease, receive, or otherwise acquire real and personal property of every
kind and use, enjoy, hold, lease, control, convey or otherwise dispose of it for the common benefit;
NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane
County, Washington, as follows:
Section 1. Acceptance of Public Access Easement. The City Council of the City of
Spokane Valley accepts the Public Access Easement from Walgreens Company attached as Exhibit "A"
pursuant to the provisions of the Easement specified therein.
Section 2. Authorization for City Manager to Sign Easement. The City Council of the
City of Spokane Valley authorizes the City Manager to sign the Public Access Easement agreement as
evidence of the City's acceptance of the Public Access Easement.
Resolution 04-002:Walgreens Public Access Easement Page 1 of 2
Section 3. Effective Date. This Resolution shall be in full force and effect upon adoption.
Adopted this 17i°day of February, 2004.
CITY OF •: 'S KA r - VALLEY
1-414'
.v/� l•st
Michael DeVletning, ayor
Ch Stine Bainbridge, City Clerk -
Approved as to Form:
Cary P.VDriskell, Depu ,City Attorney
Resolution 04-002:Walgrecns Public Access Easement Page 2 of 2
_ • EXHIBIT A
PUBLIC ACCESS EASEMENT
•, THIS PUBLIC ACCESS EASEMENT (the "Easement") is made as of this /7 Lila), of
200 4, by WALGREEN CO., an Illinois corporation ("Walgreens") for the
benefit of T CITY OF SPOKANE VALLEY, a Washington municipal corporation ("City").
Recitals
A. Walgreens is the owner of certain real property located in the City of Spokane
Valley, Washington, more particularly described on Exhibit A, attached hereto (the "Walgreens
Property").
B. The City is the owner of a public right-of-way (alley), more particularly
identified on Exhibit B, which abuts the Walgreens Property immediately to the south.
C. The City of Spokane Valley Community Development Department-Current
Planning Division issued a written Determination of Non-Significance "DNS" dated July 21,
. 2003 for the development of certain real property. Agents of Walgreens have applied for a
building permit (File Number: BLD-03-03173) from the City of Spokane Valley Community
Development Department-Building Division to develop the Walgreens Property as indicated on
the site plan attached as Exhibit C (the"Permit"). The site plan as submitted under SEPA 12306
E. Sprague Avenue and File Number BLD-03-03173 has been approved by the City of Spokane
Valley.
D. In connection with the City's review of the building permit application, the City
has requested that Walgreens grant a five (5) foot access easement over that portion of the
'Walgreens Property abutting the alley, as such area is more particularly described on attached
Exhibit D (the"Easement Area"), and as shown on Exhibit E to improve vehicular circulation on
the alley.
E. Walgreens is willing to grant such easement on the terms set forth herein.
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, Walgreens agrees as follows:
1. Grant of Easement. Walgreens hereby grants and conveys to the City a non-
exclusive easement across the Easement Area to provide public access for vehicles between
Pines Road and Houk Road.
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CA DOCUMENTS AND SETTINGS\SCOTT E.GRAINGER\MY DOCUMENTS\WORD\5POKA,1'EPI ESEASEMENT2.000
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2. liprovements to Easement Area; Maintenance. In conjunction with its
development of the Walgreens Property, Walgreens shall improve the Easement Area to the
same level of required improvements to the abutting public alley identified by the City of'
Spokane Valley Public Works Department-Engineering Division during the required engineering
review process. Walgreens shall be responsible, at its sole cost and expense, for maintaining the
Easement Improvements to ensure consistency with the original level of improvement.
3. Exercise of Rights to Easement Area. The City agrees that public use of the
Easement Area shall be limited to the purposes described herein and the City shall take such
action as is necessary to ensure the Easement Area is riot used for any other purpose. The City
shall not at any time use the Easement Area for any purpose that interferes with business
operations on or access to the Walgreens Property. Notwithstanding anything contained herein
to the contrary, the easement rights granted herein shall not be available for public use until such
time as construction of the improvements on the Walgreens Property are substantially complete
and open for business.
4. Use of Easement Area by Walgreens. Walgreens hereby reserves the right to use
the Easement Area for any purpose deemed reasonably necessary by Walgreens in connection
with its ownership, development or operation of the Waigreens Property provided such use does
not substantially interfere with the easement rights granted herein.
5. Intrusions into Easement Area. Physical intrusions into the Easement Area by
Walgreens shall occur only after the City's review and issuance of written approval authorizing
such intrusion. The City acknowledges that it has authorized a three-foot wide intrusion into the
Easement Area for the screening associated with an outdoor recycler/compactor.
6. Termination. The enactment of the easement is contingent upon completion of
the development of the property inclusive of store opening and use. Failure to complete the
development shall automatically terminate the easement and the rights granted herein. The City
. . shall also release said easement in the following instances: (a) the building improvements
constructed pursuant to such Permit are destroyed; or (b) the City otherwise agrees by written
instrument recorded in the records of Spokane County, Washington to release its rights in the
Easement.
7. City Council Acceptance. The City of Spokane Valley City Council shall, prior
to the recording of the easement, accept said easement by resolution at a regularly scheduled
meeting.
S. Running with the Land. This Easement shall run with the land as evidenced by
recording with the Spokane County Auditor's office and shall be binding upon the owners of the
Walgreens Property and the City and their heirs, successors and assigns until such easement is
terminated pursuant to Section 5.
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- • 9. Attorney Fees. The prevailing party in any action brought to enforce or interpret
the terms of this Easement shall be entitled to recover its costs and reasonable attorney fees
incurred in said action, including on appeal,whether or not suit is commenced.
10. Breach. In the event of any breach or threatened breach of this Easement by the
owner of'either the Easement Area or the alley, the non-defaulting owner shall have the right to
sue for damages and/or for specific performance and/or to enjoin such breach or threatened
breach.
GRANTOR:
WALGREEN CT.-, an Illinois corporation
By: t �:
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GRANTEE:
THE CITY OF SPOKANE VALLEY, a Washington municipal corporation
By:O�
Its: a7.--
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Exhibit A
(Legal Description of Walgreens Property)
PARCEL A: •
THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 22, TOWNSHIP 25 NORTH, RANGE 44 EAST, W,M., AND
THAT PORTION OF LOT 1 OF STEWART'S SUBDIVISION OF BLOCK 164 OF
OPPORTUNITY, ACCORDING TO PLAT RECORDED IN VOLUME "R" OF PLATS,
PAGE 41, IN SPOKANE COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE EAST LINE OF
SECONDARY STATE HIGHWAY NO, 3-H ON THE WEST SIDE OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 22,
WITH THE SOUTH LINE OF PRIMARY STATE HIGHWAY NO. 2, AS THE SAME
EXISTED ON JANUARY 27, 1977 AS REFERRED TO IN AUDITOR'S DOCUMENT
NO, 7701270130;
THENCE SOUTH ALONG THE EAST LINE OF SECONDARY STATE HIGHWAY
NO. 3-H, 90 FEET; THENCE EAST PARALLEL WITH THE SOUTH LINE OF SAID
PRIMARY STATE HIGHWAY NO. 2 TO A POINT ON THE EAST LINE OF SAID
LOT 1;
THENCE NORTH ALONG THE EAST LINE OF SAID LOT 1 TO THE NORTHEAST
CORNER OF SAID LOT;
THENCE WEST ALONG THE NORTH LINE OF SAID LOT, AND ALONG THE
SOUTH LINE OF PRIMARY STATE HIGHWAY NO. 2 TO THE POINT OF
BEGINNING;
EXCEPTING THEREFROM ALL THAT PART OF THE HERETOFORE DESCRIBED
TRACT LYING WEST OF A LINE DESCRIBED AS BEGINNING AT A POINT ON
THE SOUTH LINE OF SAID TRACT AND 38 FEET EAST OF THE SR 27 LINE
• • SURVEY OF SR 27,TENTH AVENUE TO SPRAGUE AVENUE;
THENCE NORTH PARALLEL WITH SAID SR 27 LINE SURVEY TO A POINT 12
FEET SOUTH OF THE NORTH LINE OF SAID TRACT;
THENCE NORTHEASTERLY TO A POINT ON THE NORTH LINE OF SAID TRACT
THAT IS 48 FEET EAST OF SAID SR 27 LINE SURVEY AND THE END OF THIS
LINE DESCRIPTION.
PARCEL B:
THE SOUTH 40 FEET OF LOT i OF STEWART'S SUBDIVISION OF BLOCK 164 OF
OPPORTUNITY,ACCORDING TO PLAT RECORDED IN VOLUME "R" OF PLATS,
PAGE 41, IN SPOKANE COUNTY, WASHINGTON;
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C:ID000MEN TS AND SETTINGSISCOTT E.GRAINGEMMY DOCUMF.NTSI WORD\SPO}:AN£PINESEASEvIENT2.00C
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AND THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 22, TOWNSHIP 25 NORTH, RANGE 44 EAST, W.M., AND
THAT PART OF LOT 1 OF STEWART'S SUBDIVISION OF BLOCK 164 OF
OPPORTUNITY,ACCORDING TO PLAT RECORDED IN VOLUME "R" OF PLATS,
PAGE 41, IN SPOKANE COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EAST LINE OF SECONDARY STATE HIGHWAY
NO. 3-H ON THE WEST SIDE OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION 22, WHICH POINT IS 90 FEET
SOUTH OF THE INTERSECTION OF THE EAST LINE OF SAID HIGHWAY WITH
THE SOUTH LINE OF PRIMARY STATE HIGHWAY NO. 2;
THENCE EAST PARALLEL WITH THE SOUTH LINE OF SAID PRIMARY STATE
HIGHWAY NO. 2 TO A POINT IN THE EAST LINE OF SAID LOT 1;
THENCE SOUTHERLY ALONG THE EAST LINE OF SAID LOT 1 TO THE POINT
OF INTERSECTION OF SAID EAST LINE WITH A LINE DRAWN PARALLEL WITH
AND 40 FEET NORTH OF THE SOUTH LINE OF SAID LOT 1;
THENCE WESTERLY PARALLEL WITH THE SOUTH LINE OF SAID LOT 1 TO A
POINT ON THE EAST LINE OF SAID SECONDARY STATE HIGHWAY NO. 3-H;
THENCE NORTH ALONG THE EAST LINE OF SAID HIGHWAY, 60 FEET TO THE
POINT OF BEGINNING.
EXCEPT THAT PORTION ACQUIRED BY THE STATE OF WASHINGTON FOR
PINES ROAD BY DECREE OF APPROPRIATION ENTERED OCTOBER 30, 1984,
UNDER SPOKANE COUNTY SUPERIOR COURT CASE NO. 842013359.
PARCEL C:
LOT 2, EXCEPT THE EAST 10 FEET THEREOF, STEWART'S SUBDIVISION OF
BLOCK 164 OF OPPORTUNITY, ACCORDING TO PLAT RECORDED IN VOLUME
"R" OF PLATS, PAGE 41, IN SPOKANE COUNTY, WASHINGTON.
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Exhibit B
(Engineer's Map of Public Alley)
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Exhibit D
(Legal Description of Easement Area)
•
LEGAL DESCRIPTION
Proposed Non-Exclusive 5' Easement
January 23, 2004
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The South 5.00 feet of Lots 1 and 2, STEWART'S SUBDIVISION OF BLOCK 164 OF
OPPORTUNITY, per plat thereof recorded in Volume "R" of Plats, Page 41, City of
Spokane Valley, Spokane County, Washington;
EXCEPT the East 10.00 feet thereof;
AND EXCEPT that portion acquired by the State of Washington for Pines Road by
Decree of Appropriation entered October 30, 1984, under Spokane County Superior
Court Case No. 942013359.
C:\DOCUMENTS AND SETr[NGSISCOTT E.G RANGER\MY DOCUMEt."r51WORD\SPOKANEPMESEASEMENT2.DOC
Exhibit E
(Specific Area Site Plan for Easement)
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