4399236 Easement, Right of Way Mirabeau PointReturn Address:
Avista Corporation
Real Estate Department
P.O. Box 3727
Spokane, Washington 99220 -3727
(Mirabeau)
UNDERGROUND UTILITY
RIGHT OF WAY EASEMENT
018106jigH 0113F
EAS $9.00 Spokane Oo. WA
For Mutual Benefits, the receipt of which is hereby acknowledged, INLAND EMPIRE PAPER COMPANY, a
Washington corporation, "Grantor" hereby grants, conveys and warrants to AVLSTA CORPORATION, a
Washington corporation and to US WEST COMMUNICATIONS, INC., a Colorado corporation, "Grantee ", a
perpetual easement on, over, under, along and across real property identified as Assessor Parcel #45104.9066,
#45105.9072 and #45104.9051, located in Section 10, Township25 North, Range 44 Fast, W.M. in Spokane County,
State of Washington, and being more particularly described as follows:
A ten foot (10) wide strip of land lying westerly of and adjoining the fourteen foot wide Border Easement that is
coincident with the westerly right of way line of Mirabeau Parkway, from Engineer Station 33+96.64 to the Union
Pacific Railroad Right of Way, said Border Easement granted and described in that certain document as recorded in the
office of the Spokane County Auditor under Auditor's File No.4233841; said property being located in the East Half
(El/2) of Section 10, Township 25 North, Range 44 East. W.M., in Spokane County, State of Washington.
1. PURPOSE Grantee shall have the right to construct, reconstruct, operate, maintain, repair, relocate and replace an
underground electric distribution system, an underground natural gas system, and underground
communication lines, "facilities', on, over, under, along and across the herein described property, together with all
necessary appurtenances.
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.
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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 within the herein described easement area, nor shall Grantor install any
structures within said easement area that would interfere with the maintenance or We operation of said facilities or that
are not in compliance with all safety and building codes, regulations and laws.
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.
DATED this -_day of 199t.
GRANTOR(S)
By. 6Jfle_ cetG2e✓
Attest:
STATE OF:
ss.
COUNTY OF: �y-/cCo�4i� }
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On this A3 day of , 1999, before me personally appeared
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/� _ and
to me known to be the/ '4- .Y.. /*�9 s and respectively, of the
corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and
voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that _
he I'l authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said
corporation.
`,0`jR� �P��s�,� hereof I have hereunto set my hand and affixed my official seal the day and year first above written.
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