Resolution 03-048 Accepting Conveyance of Easment from Fournier W
CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
RESOLUTION NO. 03-048
A RESOLUTION OF THE CITY OF SPOKANE VALLEY,SPOKANE COUNTY,
WASHINGTON,ACCEPTING THE CONVEYANCE OF AN EASEMENT FROM
THEODORE R. FOUR.NIER AND LORRAINE J. FOURNIER FOR PUBLIC
STREET AND UTILITY PURPOSES.
WHEREAS, Theodore R. Fournier, Jr., and Lorraine J. Fournier are desirous of granting to the
City of Spokane Valley a public street and utilities easement for that property identified in Exhibit A.
WHEREAS, Spokane County has constructed sanitary sewer facilities in the property adjacent to
the property identified in Exhibit A, and the parties desire to transfer an immediate property interest in
the property described in Exhibit A; and
WHEREAS, it is in the best interest of the City to have the ability to extend streets and utilities
into those areas where growth is anticipated.
NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane
County, Washington, as follows:
The City of Spokane Valley accepts from Theodore R. Fournier, Jr., and Lorraine J. Fournier the
easement for the conveyance of the property identified in Exhibit A, for and in consideration of the
matters set forth in the Public Street and Utility Easement, with the intent to use the same for the public
benefit purposes set forth in the Public Street and Utility Easement.
The City agrees to use the easement consistent with conditions, if any, imposed upon the
property through the grant of any previous easements. The City Council hereby accepts the grant of
easement and authorizes the City Manager to execute all necessary documents to complete the
conveyance of the easement including final acceptance of the Deed free and clear of liens and
encumbrances that affect the City's reasonable use of the property.
Adopted this 23'd day of September, 2003.
City of Spokane Valley
\44% .
Mayor Michael DeVleig
AT -1S
M '
City Clerk, Christine Bainbridge
Approved as to Form:
Deputy C Attorney; Irry P. Oriskell
Resolution 03-048 Page I of I
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COPY
E x H t d 1 T ORIGINAL RILED OR RECORDED
1 SEP ' 228G3
1. k E.l .z-� � Ettempi 0.3 S OKAr tE C UGNTY WA
3. Filed for Record at Reauest of: • � ( y N 9/I.4/6-2
4. • By o`t.CIR � t.. .1i& 4/0,
5. JOHN P. MURRAY • COPY 'AR YOUR /f pc, , 7f
6 • Attorney at Law •
3405 South Altamont Street • :4'• x�' <:�r3 �- ,
T Spokane, Washington 99223-4637 • d 9!4.- ad+'5 �
a.9. TITLE ORDER NO. Trermation DS-266690 JOHN
P. tx v
■
• ATTORNEY AT LAW
10. ,
11. • •
12.
• Reference No. (If Applicable): . . Additional Ref. No's on Page_•
• Grantor(s): . FOURNIER, Theodore R.Jr. &Lorraine J. Additional Names on Page: •
13. • Grantee(s): . City of Spokane Valley . . Additional Names on Page: -•
14. •Legal Description(Abbreviated): .A 25'strip of the East 94.2 feet of Tract 34 of OPPORTUNITY. •
15. ■. EXCEPT South 446 feet-, S-16,T-25N, R-44, EWM , Full Legal Description on Page: . 1 . •
16. ■Assessors Property Tax Parcel Account Numbers: . 45161.0620 •
• - •
17.
18.
19.
20. PUBLIC STREET AND
21'
•
UTILITY EASEMENT
22.
23.
24. THIS EASEMENT, is made and executed this 11T" day of September,
25' 2003, by THEODORE R. FOURNIER, JR. and LORRAINE J. FOURNIER, •
26. Husband and Wife, as "GRANTORS", and the CITY OF SPOKANE VALLEY,
27. a Municipal Corporation of the State of Washington, as "CITY" or
28. "GRANTEE", hereinafter jointly referred to as "PARTIES."
29.
30. WHEREAS, GRANTORS are the owners of the following property,
31. hereinafter described; and : -
32. AND WHEREAS, the GRANTORS desire to grant and convey an
33.
34. Easement to the CITY for street and other related utility purposes over and
35. across the following portion of the described property:. .
36. A strip of land 25 feet in width, lying on the South side of and
37. parallel with the center line of said Sinto Avenue, as extended
38. Easterly, over and across the North 25 feet of The East 94.2 feet
- 39. of Tract Thirty-Four (34) of OPPORTUNITY, as per Plat thereof
40. recorded in Volume `K" of Plats, pages 20-23, records of .
41. Spokane County;
42.
PUBLIC STREET AND
JOHN P.MURRAY
UTILITY EASEMENT Page 1 of 3 Pages ATTORNEY ATLAW
3405 SOUTH ALTAAIONT STREET
• SPOKANE,WASHINGTON 932231637
PHONE: (509)5304M
. ri/-M-111:72)V
t. _ .
1. EXCEPT the South 446 feet thereof; -
2. SUBJECT TO Covenants, Conditions, Easements, Restrictions,
3' - Reservations and Agreements of Record. •
'
s. Situate in Section 16, Township 25 North, Range 44, E.W.M., in_
6. the City of Spokane Valley, County of Spokane, State of
7, Washington. . . -- •
- - 8. (`Spok• ne County Assessor's Property tax Parcel Numb er 45161.0620. ) .
9. .
10. NOW, THEREFORE, in recognition••of the mutual benefits derived by
11 the PARTIES and the mutual covenants and purposes herein stated, as well -
12 as other and good consideration the receipt of which is acknowledged, the •
13. • GRANTORS hereby grant and convey to the CITY OF SPOKANE VALLEY, .
•
14 its successors and assigns, for City street, public and private utility purposes •
. 15 including, but not limited to, the development of street, curb and-sidewalk•plus •
16. • sewer, water and other utility or franchised services, a perpetual easement in, -
over, under, through, and across.the entire 25 foot strip area of the property
• 17., above described. -
18. •
19• ,THE PARTIES HERETO COVENANT AND AGREE AS FOLLOWS: - .. ..
20.
21.. 1. No structures or other obstructions shall be erected or placed within
22 •the Easement without the prior written approval of the City Engineer.
23. 2. The improvements constructed within the Easement shall in every
24. respect be public property (or permitted by FranchisQ) and shall. be available to -. • .
25. serve any property abutting, adjacent or near the Easement upon such
26. conditions as the City may establish including paying all fees or charges. • •. •
27. . - - - - .
28. 3. The City (or Franchisee) shall have the right.at all times to enter the
29. Easement for-The purpose of installation, maintenance, repair, removal and
30. replacement of the improvements or property as deemed necessary. . All work • • _
31. performed in the Easement shall be done with due care and,caution returning
32. the Easement area to the condition in which it was found, reasonable wear:and •
33. tear excepted: .
34. 4. This Grant of Easement shall apply to all interests now owned oT .
3s,.• -- hereinafter acquired by GRANTORS 1n the property above'described. - . .. • , - • . .",•: •
36.
37. 5. This Easement and the covenants herein shall be binding upon the' . S
38. GRANTORS, and the GRANTORS' ,successors -and. assigns, and shall run'
• 39. • With the land benefited by the construction of-the public�improvements or-•other . -
40. .facilities and be perpetual in duration. - • . - - • • . • • •
•
41.
42. . , -
2. - • . . • ,
•
PUBLIC STREET AND S .
JOHN P.MURRAY
UTILITY EASEMENT • Page 2 of 3 Pages .ATTORNEY ATLAW •
3405 SOUTH ALTAMO T STREE r •
- SPOKANE,WASHINGTON 99221.4637
.. - - PHONE': • - • (505)514-873
• .. - -g
. 'i9
•
1, 6. GRANTORS will not grant or convey any interest that conflicts with
2. the interest of the CITY, or allow others to obstruct, impair or interfere with the
3, Easement. The CITY may through contract, license, permit or franchise allow
4, use of the Easement for public service purposes.
5. 7. The street and/or utility service lines placed within the Easement
6. shall remain CITY (or Franchisee) property with the CITY retaining authority over
7' the lines(s), meter(s), valve(s) and related appurtenances.
9. 8. Nothing in this instrument or any action or inaction by the CITY shall
10. create any obligation.on the part of the CITY to pay for any improvements, to
11. provide public utility services, or to pay for any service connections, or
12. installations near or adjacent to the Easement.
13.
14. DATED this 1111 day of September, 2003.
15. 2
17. LORRAINE J. FOURNIER HEODORE R. FOURNIER, Jr.
18. GRANTORS •
19.
20.
21. STATE OF WASHINGTON )
22. ) ss.
23. County of Spokane )
24.
25 On this 111H day of September, 2003, before me, the undersigned, a Notary
26 Public in and for the State of Washington, personally appeared THEODORE R.
FOURNIER, Jr. and LORRAINE J. FOURNIER, Husband and Wife, to me known to
27. be the individuals described in and who executed the within and foregoing instrument
26. and acknowledged that they signed and sealed the same as their free and voluntary
29. act and deed for the uses and purposes therein mentioned.
30. -
31. GIVEN under my hand and official seal the d_ and year last above written.
32.33. _ NOTARY PUBLIC
34. STATE OF WASHINGTON JOHN P. MURRAY
35. JOHN P.MURRAY N• RY PUBLIC in and for •:State
36. 4pOrtsfd E ••Antkal IL MOS - of • ashington, residing at Spokane
Commission Expires: Aug. 28, 2005
37.
38.
CJRoaI Esti Ensements1498 Fournier Street Easament Revs'd.WPS
39. A:Aieal Esti Easernen sf493 Foamier Street Easement Rovs'd.WPS
JPMfnsy (52003-12498)
40.
41.
42.
PUBLIC STREET AND
P.
UTILITY EASEMENT Page 3 of 3 Pages JOHN EYAuTLAW
3405 SOUTH ALTAAIONT STREET
SPOKANE.WASHINGTON 992234637 -
PHONE: (509)534.9573