Resolution 10-015 Granting Water District 1 Easement CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
RESOLUTION NO. 10-015
A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, GRANTING AN EASEMENT TO EAST SPOKANE WATER DISTRICT 1
FOR PLACEMENT AND MAINTENANCE OF WATER FACILITIES.
WHEREAS, the City of Spokane Valley, Washington is the owner of right-of-way known as
Center Road in that area of the City known as Hollywood Hills. A portion of that right-of-way is not
usable as roadway due to the steep grade; and
WHEREAS, East Spokane Water District 1 (ESWD 1) is the water purveyor for the Hollywood
Hills area; and
WHEREAS, ESWD 1 would like to increase the water pressure in that area, and has requested
that the City grant an easement for placement of the necessary water pump facilities and outbuildings on
an unused portion of Center Road; and
WHEREAS, City staff has analyzed the proposed placement and determined there is no conflict
between this request and the existing storm water facilities currently occupying another portion of this
right-of-way; and
WHEREAS, the proposed easement language specifies that in the event the City storm water
facilities need to be maintained, repaired, replaced or otherwise modified, the ESWD 1facilities will be
moved at the District's cost; and
WHEREAS, granting this easement is in the best interest of customers of ESWD 1,who are also
residents of the City.
NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane
County, Washington, as follows:
Section 1. Grant of Easement For Placement and Maintenance of Water Facilities.
The City Council of the City of Spokane Valley hereby grants an easement for the placement and
maintenance of water facilities as set forth in the proposed Easement, attached as Exhibit "A" to this
Resolution, and subject to the conditions therein.
Section 2. Authorization for City Manager to Sign Easement. The City Council of the
City of Spokane Valley authorizes the City Manager to execute the Grant of Easement for placement and
maintenance of water facilities.
Resolution 10-015 Grant of Easement,Water Facilities Page 1 of 2
Section 3. Effective Date. This Resolution shall be in full force and effect upon adoption.
Adopted this 14th day of September,2010.
CITY OOF'OKANE VALLEY
/ /
i F
Thomas E. Towey, Mayor
ATTEST:
/C2 .
Christine Bainbridge, City Clerk
Approved as to Form:
Cl&--*I .
Office bt the Ci ttorney
Resolution 10-015 Grant of Easement,Water Facilities Page 2 of 2
EXHIBIT A
Filed at the Request of:
City of Spokane Valley, Washington
11707 East Sprague, Suite 106
Spokane Valley, WA 99206
G' • NT OF EASEM NT
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 waterline pump facility in Grantor's right-of-way.
The easement for placement, construction, operation and maintenance of a
waterline pump facility to be known as East Spokane Water District No. 1 Beverly
Booster Station is described as follows:
Commencing at the center of the intersection of S.Highland Drive and S. Center
Drive; thence in a generally southeasterly direction along the centerline of the S.
Center Drive right of way a distance of 50 feet to the point where the easement
begins; thence the easement shall extend the full width of the right of way of S.
Highland Drive and for a distance continuing in a generally southeasterly
direction a distance of 60 feet where the easement shall terminate. The easement
will be rectangular in shape and have dimensions the width of which will be the
width of the right of way of S. Center Drive and the length of which will be 60
feet.
Situated in the County of Spokane,City of Spokane Valley,State of Washington.
Said easement shall be subject to the following conditions:
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1. Recovery of Costs. Grantee shall be subject to all permit fees associated with
activities undertaken through the authority granted in this Easement or under City
Code. Where the City incurs costs and expenses for review or inspection of
activities undertaken through the authority granted in this Easement or City Code
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.
2. Non-Exclusivity. This Easement shall in no way, prevent or prohibit the
City from using any of its rights-of-way, 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, 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. Right 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
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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. Grantee agrees to
construct, operate and maintain its pump station such that the pump station does
not impair the functionality of the Grantor's drainage and flood control facilities
which are also located in the subject right of way. If, however, Grantee's pump
station interferes with City drainage and flood control facilities and/or City's
maintenance or improvement of its drainage and flood control facilities, and
Grantee fails to remedy such interference to City's satisfaction, Grantee's facilities
shall be moved, removed or replaced. Any and all such moving, removal or
replacement shall be at the sole expense of the Grantee. Should Grantee fail to
remove, adjust or relocate its pump station by the date established 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 reasonably 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 Non-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 as set forth in Section 5, above; 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
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 as required in City Code.
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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.
Dated this /(p day ofk,e3 2010.
Grantor:
CITY OF SPOKANE VALLEY:
BY: /L ida �i�Y�-� —
Mike Jacks•
City Man.
STATE OF WASHINGTON )
) ss.
County of Spokane )
On this /kQ day of ,�. � .0‹._. , 2010, before me, the undersigned, a
Notary Public in and for the State of Washington, personally appeared Mike
Jackson aruleally , to me known to be the individual,/who executed the
within and foregoing instrument, and acknowledged the said instrument to 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. %^\
. , , :,t otary Public in and for the`.tate"f
\`\‘‘""%% Washington, residing at A A,
My commission expires i d
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Grantee:
EAST SPOKANE WATER DISTRICT NO. 1
ce fir
(2A-ek ,
Rick acrItt, f irperson :oard of Commissioners
t
Ed Peck, Secretary Board of Commissioners
STATE OF WASHINGTON )
) ss.
County of Spokane )
On this 7 day of -5e --0wbeK , 2010, before me, the undersigned, a
Notary Public in and for the State of Washington, personally appeared Rick Scott,
Chairperson Board of Commissioners for East Spokane Water District No. 1 and
Ed Peck, Secretary, Board of Commissioners for East Spokane Water District No.
1, to me known to be the individuals who executed the within and foregoing
instrument in their capacity as Commissioners for said Water District, and
acknowledged the said instrument to be the free and voluntary act and deed of said
Water District for the uses and purposes therein mentioned.
IN WITNESS WHEREOF, I have hereunto set, and and official seal the
day and year first above written.
/
Nota (Pu• i/n and for the State of
Washingto / residing at
My commission expires - /1 113
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