Loading...
5102759 Easement, Grant ofr , -46 Document Title(s) G>Rai or C , Maw-r Reference Number(s) of Related Documents Graintor(s) Fast Name, First & Middle Initial (2 r r-1 ^o <;>o it & K Grantee(s) past Name, First & Middle Intl 12:FL) N 1 Legal Description (Abbreviated form is acceptable) Le. sedionlTownshipfRango1114 Section Seertiosi S 21 4- 2S • TcujrsN1P z,,S AWLE4 • 61i ll E' sT—' 57ovT%4gA T- iiM2A'pM Assessor's Tax Parcel ID Number: 4 S Z i Ai - `122 Z +- y 52%). 5605 — The County Auditor wll rely on tho inrormation provided on this form. The Staff Will not read the document to verify the Accuracy or completeness of the indexing information provided herein. Sign below only if your document is Non - Standard. I am requo sting an emergency non- standard recording for an additional fee as provided in RCW 36.18.010. 1 understand that the recording processing requirements may cover up or othorvrise obscure some parts of the text of the ariglnal doeumont Foe for non- standard processing is M. J<. L. 1':Hx' 20OCi Signature of Requesting Party jjate % Spt>kawCowayTrcas ply fil 5102759 Page 1 „E l:!111�.Ii1ENT, f:IiY OF Sim 20 44 f!1 :i1jP ..... 7,F1�t rlio }t �i� Lo, WA RETURN ADDRESS C � of IVArL1. W7ill Ib . !�*P1_44vts (0& rELY.,�� tj�4ftc�l. ad- `t'�LoL Please Ty22 or Print Neatly b Clearly All Information Document Title(s) G>Rai or C , Maw-r Reference Number(s) of Related Documents Graintor(s) Fast Name, First & Middle Initial (2 r r-1 ^o <;>o it & K Grantee(s) past Name, First & Middle Intl 12:FL) N 1 Legal Description (Abbreviated form is acceptable) Le. sedionlTownshipfRango1114 Section Seertiosi S 21 4- 2S • TcujrsN1P z,,S AWLE4 • 61i ll E' sT—' 57ovT%4gA T- iiM2A'pM Assessor's Tax Parcel ID Number: 4 S Z i Ai - `122 Z +- y 52%). 5605 — The County Auditor wll rely on tho inrormation provided on this form. The Staff Will not read the document to verify the Accuracy or completeness of the indexing information provided herein. Sign below only if your document is Non - Standard. I am requo sting an emergency non- standard recording for an additional fee as provided in RCW 36.18.010. 1 understand that the recording processing requirements may cover up or othorvrise obscure some parts of the text of the ariglnal doeumont Foe for non- standard processing is M. J<. L. 1':Hx' 20OCi Signature of Requesting Party jjate % Spt>kawCowayTrcas ply fil F 5102759 , ?'712 ? 12-1CN 01:: Ax 60UE%iIMENT, CITY OF M Mmi Spnk, Hr- Oki, 118 Filed at the Request of: City of Spokane Valley; Washington 11707 East Sprague, Suite 106 Spokane Valley, WA 99206 GktAT7T OF EASEMENT FOR CONSIDERATION' OF THE ACTUAL BENEFITS HEREIN' DERIVED by the parties; the undersigned Grantor hereby grants an easement to Grantee for the placement of a water pipe in Grantor's right -of -way. The easement for placement of a water pipe is described as follows: See Attachment A Situated in the County of Spokane, State of Washington Parcel No.: Said easement shall be subject to the following conditions: 1. Recovery of Costs. Grantee shall be subject to all permit fees associated - pith activities undertaken through the authority granted in this Easement or under ordinances of the City. Where the City incurs costs and expenses for review or inspection of activities undertaken through the authority granted in this Easement or any ordinances relating to the subject for which a permit fee is not established, Grantee shall pay such costs and expenses directly to the City. In addition to the above, Grantee shall promptly reimburse the City for any and all costs it reasonably incurs in response to any emergency involving Grantee's facilities. K. E. F: OsO 1 z` f�xcl'" D. me I -a % 20 01: SVok= County Tieas- - 1 - By /i'jci�G�� a fu 5102759 rage 3 oi' 3 GOUFi WENT, CITY OF ISFOM iC., lJH 2. Non- Exclusivity. This Easement shall, in no way, prevent or prohibit the City from using any of its right -of -ways, roads, streets or other public properties or affect its jurisdiction over them or any part of them. The City hereby retains full power to make all changes, relocations, repairs, maintenance, establishments, improvements, dedications or vacation of same as the City may deem fit, including the dedication, establishment, maintenance, and improvement of all new rights -of- way, streets, avenues, thoroughfares and other public properties of every type and description. 3. Non - Interference with Existing Facilities. The City shall have prior and superior right to the use of its roads, streets, and alleys, and public properties for installation and maintenance of its facilities and other governmental purposes, and should in the sole discretion of the City a conflict arise with the Grantee's facilities, the Grantee shall, at its own expense and cost, conform to the City's facilities and other government purposes of the City. The owners of all utilities, public or private, installed in or on such public properties prior to the installation of the lines and facilities of the Grantee, shall have preference as to the positioning and location of such utilities so installed with respect to the Grantee. Such preference shall continue in the event of the necessity of relocating or changing the grade of any such public properties. Grantee's system shall be constructed and maintained in such manner as not to interfere with any public use, or with any other pipes, wires, conduits or other facilities that may have been laid in the rights -of -way by or under the City's authority. 4. Rip-ht to Roads Not Superseded. The City, in the granting of this Easement, does not waive any rights which it now holds or may hereafter acquire, and this Easement shall not be construed so as to deprive the City of any powers, rights, or privileges which it now has, or may hereafter acquire, including the right of eminent domain, to regulate the use and control of its roads covered by this Easement, or to go upon any and all City roads and highways for any purpose including constructing, repairing, or improving the same in any such manner as the City, or its representatives may elect. The City shall retain full authoritative power in the same and like manner as though this Easement had never been granted. Nothing in this Easement shall be construed to prevent the City from constructing facilities, grading, paving, repairing and/or altering any street, or laying down, repairing or removing facilities or constructing or establishing any other public work or improvement. All such work shall be done, insofar as practicable, so as to not obstruct, injure or prevent the unrestricted use and operation of the facilities of the Grantee under this Easement. If, however, any of the Grantee's facilities interfere with City projects, Grantee's facilities shall be removed or replaced. Any and all such removal or replacement shall be at the sole expense of the Grantee. Should Grantee fail to remove, adjust or relocate its -2- ' 5102759 J 4 of • iE Cia4q , .i11A i A GOIJEME L CITY 3F � facilities by the date established by through written notice to Grantee, the City may cause and /or effect such removal, adjustment or relocation, and the expense thereof shall be paid by Grantee. 5. Restoration After Construction. Grantee shall, after installation, construction, relocation, maintenance, or repair of facilities within the area of this Easement, restore the surface of the right -of -way or public property to at least the currently adopted City standards or as required by the City Public Works Department through a right -of -way permit, depending upon special circumstances. Grantee agrees to promptly complete all restoration work and to promptly repair any damage caused by such work within the area of this Easement or other affected area at its sole cost and expense. 6. Damage and INjon- Compliance. Any and all damage, or injury, done or caused to City right -of -way, City facilities, or any portion thereof in the construction, operation, maintenance or repair of Grantee's facilities shall be immediately repaired and reconstructed to the satisfaction of the City Public Works Department; and in the event the Grantee shall fail, neglect, or refuse to immediately repair and reconstruct said damage or injury to said City right -of -way or facilities, the same may be done by the City and the cost and expense shall be immediately paid by the Grantee to the City. If it is discovered by the City that Grantee has damaged, injured, or failed to restore the right-of-way in accordance with this Easement, the City shall provide the Grantee with written notice including a description of actions the City believes necessary to restore the right -of -way. If the right -of -way is not restored within ten (10) days' from written notice, the City, or its authorized agent, may restore the right -of -way and facilities. The Grantee is responsible for all costs and expenses incurred by the City to repair and restore the right -of -way and facilities in accordance with this Easement. 7. Inspections and fees. All work performed by Grantee shall be subject to inspection by and approval of the City. The Grantee shall reimburse the City for all expenses incurred by the City in the examination, inspection, and approval of Grantee's work. Such reimbursement shall be in addition to any other fees or charges levied by the City. 8. City Ordinances and Regulations. ?nothing herein shall be deemed to direct or restrict the City's ability to adopt and enforce all necessary and appropriate ordinances regulating the performance of the conditions of this Easement, including any reasonable ordinances made in the exercise of its police powers in the interest of public safety and for the welfare of the public. The City shall have the authority at all times to control by appropriate regulations the location, elevation, and manner of construction and maintenance of any facilities by Grantee, and Grantee shall promptly conform with all such regulations, unless compliance would cause Grantee to violate other requirements of law. 1 51027 Dated this -9V!—day of June, 2004. r i�.�Eh1 {IIEFFT! i,ITY iiF .�i v • F� �'7t� 1r50i•!(i ; Grantor: ItA CITY OF SPOKANE VALLEY: BY: DAVID AIIERCIER City Manager J Attest: � �- ? " - CARY P. RISKELL, l Deputy City Attorney STATE OF WASHINGTON ) ss. County of Spokane ) On this day of 2004, before me, the undersigned, a Notary Public in and for the State of Washington, personally appeared David Mercier and Cary P. Driskell, 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 «FITNESS WHERE -OF, I have hereunto set my hand and official seal the day and year first above written. �•sE ���,h�f diary Public in and for the State of 'L�...••...�/,y� Washington, residing at Spokane Valle/ My commission expires tiOT 4 M s � ...... 0� KASNN -4- 5102759 Nje; F C& i Grantee: GOVEf391_PIT, CITY OF sFCU;fi <i?okane icy, WA OpZIALLACOPLOWun ery Associxt'i BY MAY President STATE OF WASHTNIGTON ) ss. County of Spokane ) On this day of 2004, before me, the undersigned, a Notary Public in and for the State of Washington, personally appeared Wallace Plo,Aman, 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 VdHEREOF, I have hereunto set my hand and official seal the day and year first above written. , Notary Public in and for the State of Washington, residing at Spokane'Valley. My commission expires l lUZh d.r, d60(- Kahrp Public SW& of Washington REBECCA E. QWDLAKE Oily Appolntmsnt Expires Mar 25, 2006 -S - 5102759 fi7412/ a?04 of : ?6P GUVEF,WF1Et ?, CITY TY 117E PQKA ti:: L _ . rlti 4 --4ane Co, IIA Attachment A PINES CEMETERY EASEMENT DESCRIPTION: FOR IRRIGATION WATER UNE An easement for on irrigation water line, over, across and through a portion of 116th Avenue right of way, located in the Southeast Quarter of Section 21 and the Northeast Quarter of Section 28, according to US Government subdivision procedures, Townshio 25 North, Range 44 East, W.M., City of Spokane Valley, Spokane County, Washington, described as follows: Beginning at the Southeast Comer of said Section 21; thence N90'00`00" W, along the centerline of 16th Avenue, 952.00 feet to the True, Point of Beginning; thence N00'00'00'W, 30.00 feet to the north right of way line of 16th Avenue; thence N90'00'00 "Y1, along said north right of way line, 20.00 feet; thence SOD'00'00 "W, 10.00 feet; thence N90'00'00 "E, 10.00 feet; :hence S00'00'O0 "W, 40.00 feet; thence N90'00'00 "1V, 40.00 feet; thence S00'00'00 "W, 10.00 feet to the south right of way line of i6th Avenue; thence N90'00'00 °E, along said south right of way line, 50.00 feet; thence 000'00'00 "W, 30.00 feet to the True Point of Beginning. PINES GAr. 5 CEMETERY 13' N920.0'00 "V' CHAIN LIN1K FENCE DPJVE 20.00' � S0O'OO'00 "W MOW LI OI N9( 0G "OO�c 10.00' 16TH o I I AV. ea op° O 3 G O ? N90-00'00'w J; 952.DO' 21 22 IRRIGATION ',YAT'J2 LIKE IS DEPICTED FROM I I�- 28 27 ABOVE GROUND LOCATIONS SHOWN' TO US ° 1\\-e Point of Beginning SEC. COR. BY PINES CEMETERY PERSONNEL 1tiE DID �° F0. B0d SPIKE. NOT SEE THE ACTUAL WATER LINE. °° I I o. 3 1 090'00'00 "W � II o °4 �.�_ J I0° f% d LRRICAliON WATER UNE A ��j ORIVE ( N90- 00'00"E z I I'IT�TES 13 50.00' Ch, 'iETERY R 0. I ... GATE 6 WALT R D.A1 P.L.S. #29270 '•. 3 EXPIRES 1 p f0 20� 40 BEA1I`m & ASSOCIATES Q PFOI i3401YA_ !A'tD SbSZt�NL• .W? !'!N+'•NL^ `''� -fit. 4001 N, An,N.mc A%o'Ur . TONA.K, N MC; R ��"1' ) _ lsuit Ji5 -1521 (F&n —=-412D 1. INCH = 20 PT. NY. 0. NUMBER: 04-34 PRINT DATE: 6- 24 -2DD4 sCITY OF jUalley September 3; 2004 Mr. Wallace Plowman Opportunity Cemetery Association 1402 S Pines Road Spokane Valley, NOVA 99206 RE: Grant of Easement Dear Mr. Plowman: 11707 E. Sprague Ave. • Suite 106 - Spokane Valley, WA 99206 (509) 921 -1000 • Fax (509) 921 -1008 • cityhall @spokanevalley.org Enclosed for your records; please find a copy of the recorded Grant of Easement for the Opportunity Cemetery Association. Sincerely c-, Chris Bainbridge, CMC Spokane Valley City Clerk /cb rnc.