Resolution 10-017 Extinguish Easement Grant CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
RESOLUTION NO. 10-017
A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON,EXTINGUISHING AGREEMENT AND GRANT OF EASEMENT FROM
THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR
RIGHT-OF-WAY PURPOSES,AND OTHER MATTERS RELATED THERETO.
WHEREAS, the City of Spokane Valley, Washington is the successor in interest to an easement
that was granted to Spokane County prior to the City's incorporation, which burdens property owned by
the United States Department of Health and Human Services; and
WHEREAS, the easement in question is located on Spokane County Assessor's parcel numbers
35234.9076 and 35234.9083, located immediately south of and adjoining 8th Avenue, with a residential
address of 5600 East 8th Avenue. The easement was recorded June 18, 2002, Spokane County Auditor's
recording number 4739718;and
WHEREAS,the easement was originally requested by Spokane County to provide access to then-
vacant property south of the property owned by the Department of Health and Human Services. Two
separate roads, South Kahuna Drive and East 14th Avenue, were later constructed to provide this
necessary access; and
WHEREAS, City staff has analyzed the request in terms of future need for access to the parcels
south of the subject property, and determined that the easement is not necessary for public needs.
NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane
County,Washington,as follows:
Section 1. Relinquishment of Agreement and Grant of Easement Burdening Spokane
County Assessor's parcel numbers 35234.9076 and 35234.9083. The City Council of the City of
Spokane Valley, as the successor in interest, hereby relinquishes that Agreement and Grant of Easement
granted by the United States Department of Health and Human Services to Spokane County for public
right-of-way purposes, over a portion of Spokane County Assessor's parcel numbers 35234.9076 and
35234.9083, Spokane County Auditor's recording number 4739718. The Agreement and Grant of
Easement are set forth as Exhibit A to this Resolution, and includes the full legal description. The
Relinquishment of Agreement and Grant of Easement are set forth as Exhibit B to this Resolution.
Section 2. Authorization for City Manager to Execute Relinquishment of Agreement
and Grant of Easement. The City Council of the City of Spokane Valley authorizes the City Manager to
execute the Relinquishment of Agreement and Grant of Easement, attached as Exhibit B to this
Resolution,and all other documents necessary thereto.
Section 3. Effective Date. This Resolution shall be in full force and effect upon adoption.
Resolution 10-017 Relinquishment of Easement—Department of Health and Human Services Page 1 of 2
Adopted this 9th day of November, 2010.
CITY OF SPOKANE VALLEY
AT ' omas E. Towey, Mayor
Kristine Bainbridge, City Clerk,
Approved as to Form:- •
Office M t e City Attorney
Resolution 10-017 Relinquishment of Easement—Department of Health and Human Services Page 2 of 2
4739718 4177003
• ' • Pale: 3 of 13 31109/1998 8
06118!2002 48:41A 0911998 04:318
• Spokane Co. 11
rnuury curTUren orw Cap en M cww4ewe M W1
Unnamed County Road-RF No.2565
Portion of Assessors Parcel Nos.:
35234.9076 & 35234.9083
AGREEMENT AND GRANT OF EASEMENT
THIS AGREEMENT AND GRANT OF EASEMENT made and entered into this
fWK day of --Cic tx E 2 , 1997, by and between the UNITED
STATES OF AMERICA, acting by and through the Department of Health
and Human Services, Indian Health Service, hereinafter referred
to as the Grantor, and Spokane County, a political subdivision of
the State of Washington, hereinafter referred to as the Grantee.
WITNESSETH
WHEREAS, the Grantor is in need of road access for it's Youth
Primary Regional Treatment Center which it is required by law and
the public interest to operate; and
WHEREAS, the Grantee has requested the grant of a certain
easement in, under, upon, and across real property of the United
States under the custody and control of the Department of Health
and Human Services, located in the County of Spokane,- State of
Washington, hereinafter more particularly described, said
easement site to be used as a right of way, in lieu of a right of
way vacated by the Board of County Commissioners of Spokane
County, Washington, in proceedings on May 16, 1995, on County
Engineer' s Road File No. 2565 which vacated right of way filed as
Document No. 9105030173, Volume 1187, Page 1928 in the Office of
the Spokane County Auditor in accordance with County
Commissioners ' Document No. 92-0352, the Findings of Fact,
Decision and Conditions adopted in County Zone Reclassification
File No. ZE-33-91 which required vacation of a road right of way
subject to the dedication of a replacement road right of way; and
WHEREAS, the Portland Area Indian Health Service of the
Department of Health and Human Services has made an environmental
assessment of this project in accordance with Section 102 of the
National Environmental Policy Act of 1969 (42 U.S.C. § 4332) , and
has found there would be no significant impact on the quality of
the human environment; and
WHEREAS, the Department of Health and Human Services has custody
and control of the aforesaid property and the undersigned, acting
pursuant to delegated authority under 40 U.S.C. § 319, has
determined that the grant of said easement will not be adverse to
the interest of the United States, but will promote and enhance
the ability of the United States to provide health services.
R.agicise Tax Ex( R.E.Excise Tax Exe;tpt IMAGED
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NOW THEREFORE WITNESSETH THAT:
The Grantor in consideration of the premises and other good and
valuable consideration, receipt of which is hereby acknowledged,
does hereby grant, bargain, sell, and convey unto the Grantee,
its successors and assigns, subject to the terms and conditions
hereinafter stated, an easement for a right of way and related
purposes, including utilities as authorized by R. C. W. 36.55,
in, on, over, under, and across real property of the Grantor
situated in Spokane County, State of Washington, and more
particularly described as follows and as shown on the attached
site plan, exhibit 1, which is hereby attached and incorporated
by reference:
A 60 foot wide strip of land 30.00 feet wide on either
side of the following described centerline, lying
within the Northwest Quarter (NW 1/4) of the Southeast
Quarter (SE 1/4) of Section 23, Township 25 North,
Range 43 East, W. M. , Spokane County, Washington, more
particularly described as follows:
COMMENCING at the Northeast corner of the Southeast
Quarter (SE 1/4) of Section 23, Township 25 North,
Range 43 East, W. M. ; thence 8.89°52'48"W. , 937. 02 feet
along the North line of said Southeast Quarter (SE
1/4) , said line also being the centerline of 8th
Avenue; thence S. 0°33156 8E. , 30.00 feet to a point on
the Southerly right of way of said 8th Avenue, said
point being the Point of Beginning; thence S.
0°33 ' 56"E. , 790 .03 feet to a point of curvature; thence
506 .78 feet along a curve to the right having a radius
of 738.18 feet and an included angle of 39°20' 05, said
curve being concave to the Northwest, to a point of
tangency; thence S.38°46' 09"W. , 47.18 feet to the Point
of Terminus, said point lying N. 89°58'28"E. , 177.33
feet from the Southeast 1/16 corner of said Section 23,
and coincident with the centerline of an unnamed county
right of way in the West 22 rods of the North Half (N
3f) of the Southeast Quarter (SE 1/4) of Section 23, as
shown on Record of Survey recorded in Book53 , Page 94.
Said parcel contains 1.851 acres more or less.
TO HAVE AND TO HOLD the same, unto the said Grantee for the
purposes of a public road subject to the terms and conditions
below.
SUBJECT TO all easements, liens, reservations, exceptions of
interest of record now existing on the above-described easement
site.
91687
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Page 3
ENVIRONMENTAL COVENANT
Pursuant to section 120 (h) of the Comprehensive Environmental
Response, Compensation and Liability Act of 1980 (CERCLA) , 42
U.S .C. section 9620 (h) , the Indian Health Service advises that a
search of agency files shows that no known hazardous substance
activity within the meaning of 40 C.F.R. part 373 has taken place
on the Property subject to the easement described herein. If,
after transfer to Grantee, it is found that such hazardous
substance activity occurred during the time the Property subject
to the easement has been owned by Grantor, Grantee shall
terminate its use of the easement, and cease the admission of
any and all persons into or upon all affected portions of the
easement for any purposes until Grantor conducts any and all
additional remedial actions, in accordance with applicable laws
and regulations. Grantee covenants and agrees on behalf of it,
its successors and assigns, that Grantor shall have access to the
Property that is subject to the easement in any case in which
remedial action is found to be necessary after the date of such
transfer.
By acceptance of this easement, Grantee further acknowledges and
agrees that Grantee, it successors or assigns, shall be solely
liable for all costs relating to any damage to property, personal
injury, illness disability or death, of the Grantee, or of the
Grantee ' s successors, assigns, employees, invitees, or any other
person, including members of the general public, arising from or
incident to the purchase, transportation, handling, storage, use,
release, or disposal or other activity by Grantee causing or
leading to contact of any kind whatsoever with hazardous or toxic
substances, as defined by CERCLA and applicable regulations,
during use of the property subject to the easement by said
Grantee, its successors or assigns .
PROVIDED, however, that the said easement is granted under and
subject to the following terms and conditions which the Grantee
hereby accepts:
.1. The said easement shall be utilized for the purposes of a
public road, including the right, privilege and authority to
install, operate and maintain a public road and to grant
franchises for public utilities as authorized by R. C. W.
36 .55 and for no other purpose.
2 . The Grantee will neither conduct mining operations nor
remove any mineral substances from the easement area.
3 . The Grantee will, at its own expense, construct, keep and
maintain in good condition and repair, any improvements it
makes or causes to be made on the property, and will at its
own expense keep and maintain in good condition and repair
iMAGED
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Page 4
any improvements made by the Grantor which are now
designated a private road if and when such private road
becomes a public road.
4 . The Grantor reserves the right to use and enjoy that
property which is the subject of this easement for other
purposes which will not interfere with the Grantee 's full
enjoyment of the rights hereby granted, and which will serve
the Grantor' s facility (such as, for example, additional
utility lines) , and reserves the right to enter on occasion
the premises which are the subject of the grant to assure
that the terms of the grant are being complied with.
5 . The Grantee shall give written notice to Grantor prior to
the onset of construction, renovation, or any extensive
maintenance work in said easement site and shall cooperate
in scheduling and locating such activities so as to cause
the minimum possible disruption to Grantor's health service
activities. Routine maintenance and emergency repairs are
excluded from advance notice requirements.
6. The Grantee accepts full responsibility for operation and
maintenance of the roadway upon acceptance as a public road.
The Grantee will indemnify and save the United States
harmless from any liability or responsibility what ever
arising directly or indirectly from the Grantee's use of the
easement and activities on the premises.
7. The Grantee will minimize damage to the scenic and aesthetic
values of the premises and otherwise protect the
environment.
8. The Grantee will comply with air and water quality standards
established by or pursuant to Federal or State Law.
9. The Grantee will otherwise protect Federal property and
economic interests and the public interest in the lands
traversed by the right-of-way or lands adjacent thereto.
10. The Grantee will comply with State standards for public
health and safety, environmental protection, and the siting,
construction, operation, and maintenance of or for rights-
of-way for similar purposes, if those standards are more
stringent than applicable Federal standards.
11. Upon termination or forfeiture of the grant, the Grantee, if
so requested by the Grantor, will remove from the premises
all structures or other improvements belonging to the
Grantee and otherwise restore the premises to the
satisfaction of, and at no cost to, the United States.
IMAGED
91685
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Page 5
12 . The Grantor is constructing the necessary drainage retention
basins for this right of way on the Grantor' s property
outside of the easement hereby granted, and the Grantee
agrees that its use of the right of way will not adversely
affect the Grantor's drainage retention basins. The Grantor
agrees that the use of its drainage retention basins for the
purpose of containing drainage from the right of way hereby
granted is not an adverse affect . The Grantee will correct
at no expense to the Grantor any other drainage conditions
adversely affecting the Grantor' s land or improvements
thereon resulting from the Grantee' s use and enjoyment of
the easement, within a reasonable time after the occurrence
thereof, to the satisfaction of the Grantor.
- 13 . Any notice required by this easement shall be sent to the
following persons:
Gary J. Hartz, P.E. Director
Indian Health Service, DHHS Youth Primary Regional
Twinbrook Metro Plaza, #600 Treatment Center
12300 Twinbrook Parkway East 5600 Eighth Avenue
Rockville, Maryland 20852 Spokane, Washington 99260
Regional Engineer, IHS/DHHS Spokane County Engineer
Engineering Services-Seattle Office of the County Engineer
Mailstop RX 24 Spokane County Public Works
2201 Sixth Avenue 1026 West Broadway Avenue
Seattle, Washington 98121-1833 Spokane, Washington 99260-0170
In the event of the Grantee 's failure to comply with any of the
foregoing terms and conditions whether caused by legal or other
inability to perform the same, or the Grantee' s abandonment of
the easement, the easement shall terminate in whole or in part at
the option of the Grantor, which shall have the right to so
terminate in addition to all other remedies for such breach, and
the Grantee shall forfeit all rights under the said easement.
Written notice of such termination shall be given to the Grantee
and shall be effective as of the date of such notice. Upon
termination, all right, title, and interest to and in the land
shall revert to the United States or its assignee, and if
requested by the Grantor, the Grantee shall deliver a Quitclaim
Deed to the rights arising hereunder.
PROVIDED, HOWEVER, that the failure of the Grantor to insist in
any one or more instances upon complete performance of any of the
terms, covenants, or conditions of this grant shall not be
construed as a waiver or relinquishment of the future performance
of any such terms, covenants, or conditions, but the Grantee' s
obligation with respect to such future performance shall continue
in full force.
IMAGED
91684
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. 4177003
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Page; 8 of 14 Page:9(1998 �QQ 31P
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The Grantee further covenants and agrees that by execution and
acceptance of this easement, Grantee assures compliance with
Title VI of the Civil Rights Act of 1964 (P.L. 88-352) , section
504 of the Rehabilitation Act of 1973 (P.L. 93-112) , The Age
Discrimination Act of 1975 (P.L. 94-135) , and Grantor' s
regulations issued pursuant thereto.
IN WITNESS WHEREOF, the parties hereto have caused these presents
to be executed as of the day and year first above written.
UNITED STATES OF AMERICA
Acting by and through the Secretary of the
Department of Health and Human Services
By:
Gary J. , P.E.
Assistant urgeon eneral
Director, Division of Facilities
and Environmental Engineering
Office of Public Health
Indian Health Service
Department of Health and Human Services
ACKNOWLEDGMENT
STATE OF MARYLAND )
) SS
COUNTY OF MONTGOMERY )
On this day of 1997, before me the
undersigned officer, personally appeared Gary J. Hartz, P.E. ,
known to me to be the Director, Division of Facilities and
Environmental Engineering, Office of Public Health, Indian Health
Service, Department of Health and Human Services, and known to me
to be the person who executed the foregoing instrument on behalf
of the Secretary of Health and Human Services, for the United
States of America, and acknowledged to me that he subscribed to
the said instrument in the name of the Secretary of Health and
Human Services and on behalf of the United States of America.
Witness my hand and official seal .
,e/ /q 7
+r+11Ns+1btraIf,'"� CHRISIOPH Inierei(191
.JONES
I ( PU 5tR.S fAi E OF MAR D
. \ati�5�a �'f.,, Notary PublAV-Commission Expires November 10,2001
``t" ' •L My Commission expires:
t4 7
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4739718 48g177003
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Page 7
ACCEPTANCE
Spokane County, acting through the Board of Commissioners of
Spokane County, hereby accepts this deed and thereby accepts and
agrees to all the terms, covenants, conditions and restrictions
contained therein.
By:_
ohn Roskelley
C airman, Board of Commissioners
of Spokane County
•
State of Washington )
) SS
County of Spokane )
On this /6/41 day of Areember , 1997, before me, a
Notary Public in and for the City of Spokane, County of Spokane,
State of Washington, personally appeared John Roskelley, known to
me to be the person who executed the foregoing instrument on
behalf of the Board of County Commissioners, Spokane County,
Washington and acknowledged to me that he executed the same as
the free act and deed of said Grantee.
Witness my hand and seal.
LPdal:‘'Ilt' te &eAEA(,Oi
pi Notary Public
My Commission expires: ""
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