Resolution 03-038 Accepting Conveyance of Easement from Fournier CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
RESOLUTION NO. 03-038
A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, ACCEPTING THE CONVEYANCE OF AN EASEMENT
FROM THEODORE R. FOURNIER AND LORRAINE .1. FOURNIER FOR
STREET AND UTILITY PURPOSES.
WHEREAS, Theodore R. Fournier, Jr., and Lorraine J. Fournier are desirous of granting
to the City of Spokane Valley a street and utilities easement for that property identified in Exhibit
A with the further understanding that upon reconveyance of certain liens on the property
described in Exhibit A, the City will accept delivery of a Deed conveying full right, title and
interest in the property;
WHEREAS, Spokane County is in the planning phase to construct 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 Exhibit A; and
WHEREAS, it is in the best interest of the City to have sewer facilities extended 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 Easement and Deed, with the intent to use the
same for the public benefit purposes set forth in the Public Easement and Deed.
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 10'1' day of June, 2003.
Citx of Spo : se V `lley
Michael DeVleming, Mayor
S:l cbainbridgelResalutions120031Resolution 03-038 Fournier accepting casement_DOC
ATT 'T
Christine Bainbridge, City Clerk -
Approved as to Form:
y M. Interim ty Attorney
S;chainbridgcUtcsolutions12003 1Rcsolution 03-038 Fournier accepting easemcnt,DOC
"EXHIBIT A" TO RESOLUTION NO.d 3 -d 3 J
PARCEL A: A strip of land 25 feet in width, lying on the North side of and parallel with
the center line of said Sinto Road, as extended Easterly, over and across the South 25 feet
of Lot 12, Block 4, MISSION-PINES SUBDIVISION, as per plat thereof recorded in
Volume 2 of Plats, page 70, in Spokane County, Washington.
Spokane County Assessor's Property Tax Parcel number 45161.0152
PARCEL B: A strip of land 25 feet in width, lying on the South side of and parallel with
the center line of said Sinto Road, as extended Easterly, over and across the North 25 feet
of the two hereinafter described tracts of real estate:
1. The North half of the East half of Tract 34 of OPPORTUNITY, as per plat
there of recorded in Volume "K"of Plats, page 20; EXCEPT the West 155
feet thereof; AND EXCEPT the East 94.2 feet thereof;
2. ALSO, the North 200 feet of the East 77.5 feet of the West 155 feet of the
East half of said Tract 34;
Spokane County Assessor's Property Tax Parcel numbers 45161.0613 and 45161.0619.
ALL said property situate in Section 16, T25 North, Range 44, E.W.M., Spokane County,
Washington.
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PUBLIC STREET AND UTILITY EASEMENT
- City of Spokane Valley, As Grantee -
This easement, is made and executed this 5th day of June,2003, by Theodore R. Fourier, Jr.
and Lorraine J. Fournier, as "Grantor", and the CITY OF SPOKANE VALLEY, a municipal
corporation of the State of Washington, as "City" or "Grantee", hereinafter jointly referred to as
"Parties".
WHEREAS, Grantor is the owner of that property described in Exhibit"A"attached hereto;
and
WHEREAS, the Grantor desires to grant and convey an easement to the City for street and
other related utility purposes.
NOW, THEREFORE, in recognition the mutual benefits derived by the Parties and the
mutual covenants and purposes herein stated,as well as other and good consideration the receipt of
which is acknowledged, the Grantor hereby grants and conveys to the City of Spokane Valley, its
successors and assigns, for. City street,public and private utility purposes,including but not limited
to the development of street, curb and sidewalk plus sewer, water and other utility or franchised
services, a perpetual easement in, over, under, through, and across the entire area of the property
described in Exhibit "A.", attached hereto (hereinafter "Easement").
THE PARTIES HERETO COVENANT AND AGREE AS FOLLOWS:
1. No structures or other obstructions shall be erected or placed within the Easement without
the prior written approval of the City Engineer.
2. The improvements constructed within the Easement shall in every respect be public
property(or permitted by Franchise)and shall be available to serve any property abutting,adjacent or
near the Easement upon such conditions as the City may establish including paying all fees or
charges.
3. The City (or Franchisee) shall have the right at all times to enter the Easement for the
purpose of installation, maintenance, repair, removal and replacement of the improvements or •
property as deemed necessary. All work performed in the Easement shall be done with due care and
caution returning the Easement area to the condition in which it was found,reasonable wear and tear
excepted.
4. This grant of easement shall apply to all interests.now owned or hereinafter acquired by
Grantor in Exhibit "A" attached hereto. .
5. This easement and the covenants herein shall be binding upon the Grantor, and the
Grantor's successors and assigns, and shall run with the land benefited by the construction of the
public improvements or other facilities and be perpetual in duration.
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6. Grantor will not grant or convey any interest that conflicts with the interest of the City,or
allow others to obstruct, impair or interfere with the Easement. The City may through contract,
license, permit or franchise allow use of the Easement for public service purposes.
7. The street and/or utility service lines placed within the Easement shall remain City (or
Franchisee)property with the City retaining authority over the line(s),meter(s),valve(s)and related
appurtenances.
8. Nothing in this instrument or any action or inaction by the City shall create any obligation
on the part of the City to pay for any improvements, to provide public utility services or to pay for
any service connections, or installations near or adjacent to the Easement.
9. If Grantor is a corporation, each individual executing this easement on behalf of said
corporation represents and warrants that he/she is duly authorized to execute and deliver this
Easement on behalf of said corporation in accordance with a duly adopted resolution of the board of
directors of said corporation or in accordance with the bylaws of said corporation, and that this
Easement is binding upon said corporation in accordance with its terms.
Dated this L- day of June, 2003.
GRANT OR(S)
By:
Theodore R. Fournier, Jr. Lorraine J. Fournier
STATE OF WASHINGTON
ON )
) ss.
County of Spokane )
On this 69-H4 day of June,2003,before me,the undersigned,a Notary Public in and for the State
of Washington,personally appeared Theodore R.Fournier,Jr.andtorraine J.Fournier,husband and
wife, to me known to be the individuals who executed the within and foregoing instrument, and
acknowledged the said instrument to be their free and voluntary act and'deed for the uses and
purposes therein mentioned.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first
above written.
NN` Notary Public in and for the State
/; Q• i s'p��ll of Washington, residing at Spokane
47- �, My commission.expires a2. 0.3
ROTARY ,
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"EXHIBIT A" TO FOURNIER PUBLIC EASEMENT
PARCEL A: A strip of land 25 feet in width, lying on the North side of and parallel with
the center line of said Sinto Road, as extended Easterly, over and across the South 25 feet
of Lot 12, Block 4, MISSION-PINES SUBDIVISION, as per plat thereof recorded in
Volume 2 of Plats, page 70, in Spokane County, Washington.
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Spokane County Assessor's Property Tax Parcel number 45161.0152
PARCEL B: A strip of land 25 feet in width, lying on the South side of and parallel with
the center line of. said Sinto Road, as extended Easterly, over and across the North 25 feet
of the two hereinafter described tracts of real estate:
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1. The North half of the East half of Tract 34 of OPPORTUNITY, as per plat
there of recorded in Volume "K" of Plats, page 20; EXCEPT the West 155
feet thereof; AND EXCEPT the East 94.2 feet thereof;
2. ALSO, the North 200 feet of the East 77.5 feet of the West 155 feet of the
East half of said Tract 34;
Spokane County Assessor's Property Tax Parcel numbers 45161.0613 and 45161.0619.
ALL said property situate in Section 1 6, T25 North, Range 44, L.W.M., Spokane County,
Washington.
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AFTER RECORDING MAIL TO:
Name: City of Spokane Valley
Attn: City Clerk
Address: 11707 E. Sprague Avenue
City/State: City of Spokane Valley, WA 9921 ff
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Quit CI I
OF SINTO ROAD NO. ' /�
IN THE MATTER 0 IN
THE GRANTORS, Theodore R. Fournier, Jr. in
consideration of One Dollar ($1.00) and other v .to
The City of Spokane Valley, a Washington Stal ing
described parcels of real estate, situated in
together with all after acquired tide of the grantors therein:
PARCEL A: A strip of land 25 feet in width, lying on the North Side of and parallel with the
center line of said Sinto Road, as extended Easterly, over and across the South 25 feet of Lot 12,
Block 4, MISSION-PINES SUBDIVISION, as per plat thereof recorded in Volume 2 of Plats,
page 70, in Spokane County, Washington.
PARCEL B: A strip of land 25 feet in width lying on the South side of and parallel with the
center line of said Sinto Road, as extended Easterly, over and across the North 25 feet of the
two hereinafter described tracts of real estate:
1. THE North half of the of the East half of Tract 34 of OPPORTUNITY, as per plat
thereof recorded in Volume of"K" of Plats,page 20; EXCEPT the West 155 feet thereof;
AND EXCEPT the East 94.2 feet thereof;
2. ALSO, the North 200 feet of the East 77.5 feet of the West 155 feet of the East half of
said Tract 34;
ALL said property situate in Sec. 16, 125 North, Range 44, E.W.M., Spokane County,
Washington.
TO HAVE AND TO HOLD this 50 foot wide strip of land unto the said City of Spokane Valley .
for the purposes of a public roadway, installation of utilities,and other lawful purposes, forever.
Assessor's Property Tax Parcel/Account Number(s):
For Parcel A, 45161.0152; and
For Parcel B, 45161.0613 and 45161.0619
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Dated this ,27e Z.___.47_ day of May, 2003
• cZeill-2416
Theodore R. Fournier, Jr. Lorraine J. Fournier
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State of Washington )
County of Spokane )
On this day personally appeared before me both Theodore R. Fournier, Jr. and Lorraine J.
Fournier, Husband and Wife, to me known to be the individuals described in and who executed
the within and forgoing instrument, and acknowledged that they signed the same as their free
and voluntary act and deed, for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this of 7M day of May, 2003.
(1,h eiti ,1
Notary Public iiiiand for the State
Alf of Washington,residing at 1'I FO` U,►'..i._,
JUNE
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2pT o WAS`r�:= �� PrintedTFy ed name above.
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• My Commission expires L:20 .oI
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