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5170150 Easement . ~ y • • • Y t RECORDING REQUESTED BY AND P ge 01150 2 WHEN RECORDED RETURN TO: ~ , 09/18/c005 12:08P w1VE Z, i'i 11, t; i' 2 ' Sp0 Ef 8~ 36 Spokarte Co, WA Spokane Valley City Clerk 11707 Sprague Ave Spokane, WA 99206 SPACE ABOVE FOR RECORDING ONLY Document Title: Easement Grantor(s): City of Spokane Valley, a Municipal Corporation Grantee: ChrisLinc Properties, LLC Legal Description: LEASE AREA. That portion of Lot 1, Block 6, MILLER'S PARK ADDITION, according to plat recorded in Volume "B" of Plats, Page 57, City of Spokane Valley, Spokane County, Washington, bounded by the following three lines: 1) a line which is parallel with and 50 feet south of the center line of State Road No. 2(Sprague Ave.) as deeded to the State of Washington per Recording No. 112080A, EXCEPT that portion conveyed to the State of Washington by deeds, Recording Nos. 4446885 through 4446897; 2) the west line of David Street; 3) the northerly line of Appleway Boulevard. Additional Legal Description: See Page 1 Assessor's Tax Parcel Number. Cirv Riehc-of-wav (no narcel nurnber) Reference Number: DECLARATIOPI OF EASEMENT For $4,650.00 and other valuable consideration the City of Spokane Valley (Grantor) hereby grants to ChrisLinc Properties, LLC, its successors and assigns (Grantee), an easement in the propeRy described in the attached Exhibit "A". The property lies generally between Sprague Avenue and Appleway Boulevard and west of Vacated David Road. This non- exclusive Easement shall commence January 15, 2005, shall run for a period of 40 years, and is subject to the rights of any other person or entity with an interest in the subject property, including utility easements. The value of the easement was determined by the square foot purchase price value of Grantee's property immediately to the east of this property ($10.00 per square foot), reduced by 50% to reflect transfer of less than a fee interest. This square foot value was then applied to the square footage of this parcel, 930 square feet. The Grantee shall only utilize the property for landscaping and a 208 drainage swale and related uses. Grantee shall be solely responsible for all maintenance and repair of improvements Grantee places on the property. In the event Grantee does not use the property for this stated purpose for more than one year, the easement shall become null and void and cease to be an encumbrance upon the real property. Grantee shall indemnify and hold Grantor, its officers, employees, agents and volunteers harmless from and against any and all claims, demands, orders, decrees or judgments for injuries, death or damage to any person or property arising or resulting from a negligent act or omission on the part o Grantee or its agents, employees or volunteers in the use of this 11uM Exemp D= lql 20:::)-) S;,dm CarmtYTM& c~~-d/ 5170150 . ~ Fage: 2 of 2 01/1812005 12:03P Gwf ~ fl' 11, Y 0 SPUAH Ef_,, V- 4 Spokane Co, Q Easement. In the event that any suit based upon such a claim, action, loss, or damage is brought against its officers, agents or employees, Grantee shall defend the same at its sole cost and expense; and if final judgment be rendered is rendered against Grantor, that party or its officers, agents or employees, then Grantee shall satisfy the same. No mod'rfication of the easement can be made without prior written approval of the Grantor. IN WITNESS WHEREOF, the Grantor hereto has caused their duly authorized representatives to execute this instrument as of the date hereinafter written. DATED: 2005. GRANTOR: (AT E~: City of Spokane Valley, Christine Bainb'ridge, City Clerkrl Name: David Mercier Title: Citv Mana4er GRANTEE: ACCEPTANCE OF EASEMENT Title and entity signing on beKalf of STATE OF WASHINGTON ) ss. County of Spokane ) I certrfy that I know or have satisfactory evidence that ~ s/W~/ is the individual who appeared before me, and said individual acknowledged that he signed this instrument, and acknowledged it as his free and voluntary act, for the uses and purposes mentioned in the instrument. Dated this day of ~ Y CL~IG~G'-~,~jr , 2005. `\~N~io~qi,~;~~~~~ 'tary Public fo,{ the a~e of Washir~oton Residing at /I 1~G~~ ~.~GL ~ NOTqqY o~ My commission expires 23 a~l/ ~ ~ ~ ~:~t m5 !i J r y N~' ~LC ~~`',,;~o•8?e o?••=o.~°~ . ~ASO~ ' ~~...u..•~'~`~'