5644778 Easement, Drainage Facility
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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.
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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_.
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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~
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a~,% Nol m No~ry
Public in nd for tl~e State of
~9~, o W shington, residing at Spokane
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p i~3~ e(iC 2 y Appointment Expires: ! o- I R-
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(Use tliis space for no[ary starnp/seal)
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DRAINAGE FACILITY EASEMENT....: 4
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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.
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