Loading...
5644778 Easement, Drainage Facility , ' 02/22/2008 02:43:22 PM 5644778 Recording Fee 546.00 Pa9e 1 of 5 Easement DREW M BODKER RECORDING REQUESTED $Y AND SRQkane Couniy Washingtan WHEN RECORDED RETURN T0: I IIIIIII 11111111111111111 IIII IIII IIIII IIIIIII 111111111111111111111111 DREW M. BODKER RECEIVED arl'oxNEY aT LAw CSV Development Engineering S. 1401 GRAND BLVD. 4203 N spartaNT-, VIAS~TGTON 9920; NOV 0,12008 Pro}ect # OW)n13 Nw,e M"Ott_Ind.i a. tLt.~. (space ahove ihis line (or Recorders use) Stbmitt3l # I DOCIJMENT T'lTLE: Drainage Faciliry Easement REFERENCE NU[vIDERS: NA O 0 G}2A-?JTORS: Spokane Notels, L.L.C, dba R.I., L.L.C. t.Q~e I-lanson Center East Prppecty Ownees Association GF ANTEE: Spokane Hotels, L.L.C., dba R.I., L.L.C. Hanson Center East Property Owner's Association Itanson Indu;tries, lnc. 'Ih: C i~~ ABBREVIATED LEG?1L ASSESSQP.'S TAX Pr1RCEL NU(S) 45132.0303; 45132.0304; 45131- DRATNAGE FACILITY EASLMLti"1 R ECITALS: WHEREAS, Spokane Hotels, L.L.C. dba R.I., L.L.C., a LouisiaQa Iimited liability company ("Spokane Hotels"); Hanson Center East Properiy Owner's Association, a Washington non- profit corporation (the "Association"); and Hanson Industries, Inc., a Washington corporation ("Hanson") are the owners of certain adjacent parcels of property located in the City of Spokane Valley, Washingtan, all located within the development known as Hanson Center East, Spokane Hotels being the owner of Lot 3, the Association being the owner of Tract "A" and Hanson being the owner of Lots 4 and 5, all legally described on Exhibit "A" attached hereto, and WHEREAS, Spokane Hotels has constructed an on-site storm water drainage facility on its Lot 3 which abuts Tract "A", owned by the Association, and a storm water drainage facility has beeii previously constructed by Hanson on Tract "A" for stortn water runoff frotn lndiana Avenue, which roadway serves the Hanson Center East development, and N.. E. Excise Tax Exemp: DFAINAGE FACILITY EASENLENT....,-1 Daie a. 2o L) C:1DMBIHANSONIHCE\brainage Facility Easement.doc spal,=ecpunty'g'rem. ~J ~ WHEREAS, the parties hereto desire to combine the separate storm water drainage facilities on Tract "A" and Lot 3 into one large drainage facility to handle the storm water runoff from the Spokane Hotels' property, Indiana Avenue and Lots 4 and 5, described on Exhibit "A", which are owned by Hanson, and to accomplish this goal, Spokane Hotels and Hanson Center East shall grant to each other cross easements Y'or stonn water drainage and they shall also grant said easements to rianson and to the City ofSpokane Valley, NOW, THEREFORE, in consideration of the premises and the muhial benefits to be derived by the parties hereto, it is agreed as follows: 1. Spokane Hotels hereby grants and conveys to Hanson, the Association, and to ilie City of Spokane Valley, an easement for drainage of surface water from Lots 4 and 5 owned by Hanson and for,surface water/stonn water from Indiana Avenue, and the Association hereby makes a similar grant of easement to Hanson and to Spokane Hotels of the right to drain surface water from Spol<ane Hotels' property, Hanson's Lots 4 and 5, as well as stonn water drainage from Indiana Avenue onto the Tract "A" property owned by the Association. 2. Hansou shall perform aI] necessary work needed to enlarge, combine and enliance the stonn water dxainage facilities located on Tract "A" and on the adjoining Lot 3 property owned by Spokane Hotels. The portion of the property owned by Spokane Hotels that is subject to this easement ]ies directly north of and adjacent to that portion of Tract "A" owned by the Association on which a drainage facility has been constructed, such that there sliall be one large drainage facility easement for drainage facilities and structures which shall encumber all but the east twenty-five (25') feet of the property owned by the Association and the property owned by Spokane Hotels (said east 25' of said properties is subject to a separate road and utility easement). Hanson shall pay all construction costs, coordinate and otherwise manage all construction work necessary to re-grade/re-shape and combine the two drainage areas into one common drainage area. Hanson shall also re-landscape the draina.ge area with an inigation system, hydro-seed grass, plant trees and/m shrubs, and perform any other necessary work in order to comply with the rules and regulation of governmental entities havingjurisdiction. 3. The maintenance, operation and repair of the coirunon drainage facility shall be done by the Association, and Spokane Hotels and Hanson shall eacU pay their prorata share of said maintenance, repair and operation charges for said drainage facility, as common area charges assessed by the Association based on square footage of the lots owned by the parties. The Association shall maintain and repair the coinmon drainage facility as required by applicable rules and regulations of the governmeut entities havingjurisdiction. 4. The easement rights herein granted are specifically intended to be appm-tenant easements that shall run with the land and shal] perpetually benefit and provide the drainage easement rights set fortli hereinabove over and across the above-described portions of Lot 3 and Tract "A" owned by Spokane Hotels and the Association for the benefit of each of them and for the benefit of Hanson and the City of Spokane Valley, as set forth herein, irrespective of any changes in ownership thereo£ This DRAINAGE FACILITY EASEMENT....: 2 CADMBUIANSON\HCE~Drainage Pacility Easement.doc easement s17a11 be binding upon the successors, heirs and assigns of the parties hereto. IN V✓IINESS WHEREOF, the parties have executed this instrument the ,z„7day of lanuarv, 2008. C'r1CA1V 1 UKS: (i1CAN1 EE: SPOKAN S, I~LC dba R. I., L.L.C. HANSON INDUSTRIES, INC. Bv Dewey F. eaver, J,ac' / Robert J. Boyl Its: Managing Membe~~ Its: Vice President U HANSON CENTER EAST PROPERTY OWNER'S ASSOC TION Robert J. B,Qyle v (I Its: v` I.CL>` P m¢t& ~J STATE OF LOUISIANA ) ) ss. Parish of Ouachita ) On this 954tday of January, 2008, before me, the undersigned, a Notary Public in and for the State of Louisiana, duly cotrunissioned and swom, personal]y appeared Dewey F. Weaver, Jr. to me l:novm to be the Managing Member of Spokane Hotels, LLC, dba R.I., L.L.C., the limited liability company that executed the foregoing instrument and acl:nowledged the said instrument to be the free and vo]untary act and dead of said ]imited ]iability compatry for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said insh'ument. Witness my hand and official seal hereto affixed the day and year first above written. Notary Public in and for the ~Yate of Louisiana, residi g at +hidri. ~f.I Lb} <ia -1 .!+✓l _ O t~ My Appointment Expires: 10tfln ,I A2_. ~ . )0r3•~~~ (Use this space for notary starnp/seal) STATE OF WASHINGTON ) DRAINAGE FACILITY EASEMENT..,.: 3 CADMBV-IANSON\HCE\Drainage Faciliry Easement.doc ) ss. County of Spokane ) On this day of January, 2008, before me, the undersigned, a Notary Public in and for the State of Was~ina on, duly conunissioned and sworn, personally appeared Robert J. Boyle to me I:nown to be the V"~n f nl~i,~n~ oi Hanson L;enter East PrOpe1'ty Vwners ASSOCiatiOn, ihe non-prOllt colPoration that executed the foregoing instrument and acknowledgad the said instrument to be the free and voluntary act and deed of said non-profit corporation for the uses and purposes therein menYioned, and on oath stated that they are authorized to execute the said instrument. Witness my hand and official seal hereto affixed The day and year first above written. - POXANNR o tom~ • misso :?/i a~,% Nol m No~ry Public in nd for tl~e State of ~9~, o W shington, residing at Spokane m; p i~3~ e(iC 2 y Appointment Expires: ! o- I R- T JB J ~i9'~• ;2D11 : d'~'11 N GZ O (Use tliis space for no[ary starnp/seal) V DRAINAGE FACILITY EASEMENT....: 4 CADMB\HANSONU-ICE\Drainage Facilip' Easement.doc EXHIBIT "A" Snokane Hotels, L.L.C., dba R.I., L.L.C. Lot 3, Block 1, HANSON CENTER EAST, as per plat recorded in Volume 27 of Plats, pages 10, 11, and 12, records of Spokane County; Situate in the City of Spokaiie Valley, County of Spokane, State of Washington. Hanson CenYer East Pronertv Owner's Association Tract "A", Bloclt 1, HANSON CENTER EAST, as per piat recorded in Volume 27 of Plats, pages 10, 11, and 12, records of Spokane County; Situate in the City of Spolcane Valley, County of Spokane, State of Washington. Hanson Industries. Inc. Lots 4 and 5, Block l, HANSON CENTER EAST, as per plat recorded in Volume 27 of Plats, pages 10, 11, and 12, records of Spokane County; Situate in the City of Spokane Valley, County of Spokane, State of Washington. P C'G~ ~r d ~G c~ra r .2a S-e wu v`f q v a t~ 44J J ~NY`I