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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. • 2 CA DOCUMENTS AND SETTINGS\SCOTT E.GRAINGER\MY DOCUMENTS\WORD\5POKA,1'EPI ESEASEMENT2.000 • • • 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. 3 C:1000UMENTS AND SETTINGSLSCOTT E.GRAINGERLMY DocuMENTS1WORDS SPOKANEPINESE.ASEME.\'T2.DOC - • 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 �: t.11 � Its: ____ 5 t„)1i4 .V f. • GRANTEE: THE CITY OF SPOKANE VALLEY, a Washington municipal corporation By:O� Its: a7.-- r •� • 4 C:VDOCUMEgTS AND S£'ITTN GAS COTT F.0RA INC ER',MY DOCUMENTSI WOR.DISPOKANEPINESEASEI.IENT2.DOC 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; • 5 C:ID000MEN TS AND SETTINGSISCOTT E.GRAINGEMMY DOCUMF.NTSI WORD\SPO}:AN£PINESEASEvIENT2.00C • 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. • 6 C:\DOCUMENTS AND SIDMNGSLSCOTT E.GRAINGERVv1Y DOCUMENTS1WORDISPO KANEP1NESEASENIENT2.DOC • Exhibit B (Engineer's Map of Public Alley) • I � I • 4J g g 0 i g g I `.2I I 1 m 0 2 °I I I I � I I I I so.oo' I ± N89•55'54"W I � I .y.',1 -15 rouND 5/8" REBAR N LS 87544 N -5' (0.09' N) DL H T I ( (1000 R1) (109' SRI) 30 loo.ao' _L . Qw RB in SMH IN) C P N r 226.29' (226.3' SRI) I . ii •,,‘! C Phi O 1J I � C,1 I J • . .._. _ ..-7 C'3D000MET TS AND SErrr os.SCOTr E.GRANGER\MY DOCVMENTSIWORDISPOKANEPNE SEASEmENT2.DOC 3 'Lilt; I t t �til,,. "(E)CHAN=LIZATION - _ -(E)TRAFFIC ~ _ 1- LIGHT _._ _ _ SPRAGUE AVENUE _ . - • ' I o r 23,150 VPD / 35 MPH J O - -y WALGRE NS ERB -- - -PYLON I N - STORMWATI -. -t.,: - - 30, -RETENTOOF T - -- -STORMW TER - - _ RETENTION BASIN US BUFFER,TYP. �� ��_ __ 1. P L1.01Z I� 1' -- ?, '�'r - ., .. wt�Ilr 4jj1 1 1 I t h "' ' a 1 4 -?i -<1 4 I . o -r -' 0. � d� mo � -_ � �11 - "s EH_ 153TALlSI 9 P I \� - �4 ---4 , � ./4•;17"' '' iffrtraismaistamareamingrool• a) t: It i?k, Ar FOP STOP . . 3 i I ,rll a m�u Ell , . „ /�/ '^ ,.., 0 =II 1 1t: S� , rtaruwar �j _I/ / /14,418S. / a rn•uu7.5 3 a� a 1 `A-J'y n FFE=2006. >I I ,/ G all � ����/ e w a g 38. 5'-2" �. + 7' 4 138' 3 1 I H R.O.W 15 _�� z / � I Q5 - :sprit .k / in `` b �r►\ II- 1... ' .fir■ "� �R e '!. i iII i u ��' f i `I�� I / /J/// //.1d ,////I19/�-/// A,'...••er /I•///�f/"d: i Q'' I\ sr r1 ALLEY o. PL 239.9 ' o a� • k.! - - _ ---- _ _- c/7 I .4 ••js 5'ACCESS EASEMENT I I F �� I DEDICATED TO THE CITY ' I I (COMPACTOR ENCLOSUR� \ z ENCROACHMENT AP PROVD BY CITY) I I I Watgreens #01993 y.y. D Spokane Valley, WA .n 1 \\________ _ __ _ _____-= r • l --- --- -- - njH LEASE EXHIBIT " A " SITE PLAN ,. SCALE: 1" = 60' -0" ;JANUARY 20TH 2004 :I • . r Exhibit D (Legal Description of Easement Area) • LEGAL DESCRIPTION Proposed Non-Exclusive 5' Easement January 23, 2004 • 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. 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