6354475 Easement, Drainage 12/10/2014 10:06:02 AM 6354475
Recording Fee $79.00 Page 1 of 8
Agreement INLAND, PROFESSIONAL TITLE
Spokane County Washington
I 1111111111111 III IIll 1111111111111 IIII IIll IIIII IIIII 1111111 III Illlf 1011 IIIII IIII IUB
City of Spokane Valley City Clerk
11707 E Sprague Avenue
Spokane Valley, WA 99206
AFTER RECORDING RETURN TO:
CITY OF SPOKANE VALLEY CITY CLERK
11707 E.Sprague Avenue
Spokane Valley,WA 99206
Document: Drainage Easement Agreement
Reference No: 9410050526; 7512120290; 7410180104
Grantor: Kenneth and Sharon Tupper and Hilda E. Renz
City of Spokane Valley
Grantee: City of Spokane Valley
Kenneth and Sharon Tupper and Hilda E Renz
Abbreviated Legal Description: Ptn. Of N1/2 Sec. 25, T. 25 N., R. 44 EWM -IJEt14
Complete Legal Description on Page 6
Tax Parcel Number(s): 45255.9101
Drainage Easement Agreement
1a1014 .3
This Agreement is made and entered into by and between Kenneth J. Tupper and Sharon
L. Tupper, husband and wife, and Hilda E. Renz, an unmarried woman, as the members of R&T,
Inc., a dissolved corporation, as to a portion, and Hilda E. Renz, an unmarried woman, as to the
remainder, (hereinafter collectively referred to as Tupper/Renz), and the City of Spokane Valley,
a municipal corporation of the State of Washington (hereinafter City).
Recitals
1. In September, 1994, R&T, Inc. and Alfons B. Renz and Hilda E. Renz entered into a
"Modified Easement Agreement" with Spokane County,recorded under Spokane
County Auditor's number 9410050526 (hereinafter County Agreement).
2. The purpose of the County Agreement was to provide for a drainage easement and storm
water detention area for various additions of the Ridgemont development and to provide
for maintenance and operation thereof.
3. Tupper/Renz is the successor in interest to R&T, Inc. and to Alfons B Renz, deceased,
and Hilda E. Renz, (hereinafter referred to collectively as Renz).
Drainage Easement Agreement R.E.Excise Tax Exempt Page 1 of 7
Date 12,.. )G 20(H
Spokane
eepCopunty Treas.
By t7'�1
4. Spokane County's successor in interest is the City of Spokane Valley by virtue of its
incorporation on March 31, 2003.
5. The County Agreement contains several errors, including erroneous legal descriptions,
and has largely been ignored by the County and City and Tupper/Renz and
Tupper/Renz's predecessors over the past 20 years.
6. Although the County Agreement erroneously places the responsibility for operation and
maintenance of the large drainage easement on Ridgemont Estates North 3` and 4th
Addition Homeowners Association (hereinafter HOA), the practice has been for
Tupper/Renz and its predecessors to maintain the drainage area located in an
approximately 12 acre parcel described in Exhibit A, attached hereto. The parcel
described in Exhibit A is owned in fee title by Tupper/Renz and is not located in the
boundaries of the HOA. The HOA is not a party to the County Agreement.
7. The HOA has responsibility for the operation and maintenance of small drainage swales
located within the boundaries of the HOA, which are owned in fee title by the HOA as
common property. These small drainage swales are not part of this Agreement.
8. Tupper/Renz and the City wish to extinguish the previous County Agreement and adopt
this Agreement to accurately determine the responsibilities of the City and Tupper/Renz
relative to the Exhibit A easement property and to provide for operation and maintenance
of the storm water and drainage runoff easement.
9. In 1974, Renz and Spokane County entered into an Indemnity Agreement recorded under
Auditor's number 7512120290 whereby Renz agreed to indemnify Spokane County for
any loss, damage, claims, etc. arising from the drainage control system, including the
drainage easement area described in Exhibit A in the Ridgemont development. This
indemnity agreement was entered into before construction of the drainage control system
at the time of the initial development of the Ridgemont subdivision.
10. The drainage easement area described in Exhibit A has been in operation for over 30
years and operates as designed,without operational problems. Tupper/Renz and the City
wish to extinguish the Indemnity Agreement since there is no longer any legitimate
purpose for the Indemnity Agreement and the parties wish to replace it with the
indemnity provision of this Agreement.
11. In 1974, Renz entered into a"Letter of Commitment"with Spokane County, recorded
under Auditor's number 7410180104, whereby Renz agreed not to create lots along 16th
Avenue without submitting a plat—it being possible at that time to "segregate" land
having frontage on a County road into parcels without submitting a plat. The City's
current regulations prohibit the subdivision of land without approval of a plat by the City.
As such, the Letter of Commitment is superfluous and of no effect. Tupper/Renz and the
City wish to extinguish the Letter of Commitment.
NOW THEREFORE, in consideration of the mutual covenants and conditions contained herein
the parties hereto agree as follows:
A. Tupper/Renz shall continue to own the fee interest in the property described in Exhibit A.
Tupper/Renz hereby grants to the City a perpetual, non-exclusive easement on the
property described as the easement area in Exhibit A for use as a storm water and
drainage runoff area for the area it presently serves.
Drainage Easement Agreement Page 2 of 7
.
B. Tupper/Renz shall continue to maintain the storm water and drainage runoff area on the
Exhibit A easement property as it has done in the past.
C. Tupper/Renz shall indemnify the City for all damages caused by the failure of
Tupper/Renz to properly operate and maintain the storm water and drainage runoff
easement. Tupper/Renz shall be under no obligation to treat or specially process any
water or to maintain any area other than the easement area described in Exhibit A.
Tupper/Renz shall not be required to perform any duties in the maintenance of the
easement that it has not done in the past.
D. Tupper/Renz shall timely pay and keep current all taxes and assessments levied against
the Exhibit A property and shall keep such property free of any liens adverse to the storm
water and drainage easement.
E. Tupper/Renz shall have the right to sell its interest in and/or grant an easement to Vera
Water and Power to access and use the property described in Exhibit A,but the terms and
conditions herein shall run with the land, and be binding on any successors and assigns.
F. The 1994 County Agreement referred to above is hereby extinguished and of no further
effect.
G. The 1974 Indemnity Agreement referred to above is hereby extinguished and of no
further effect.
H. The 1974 Letter of Commitment referred to above is hereby extinguished and of no
further effect.
I. This Agreement is freely assignable by either of the parties hereto, but the terms and
conditions herein shall run with the land, and be binding on any successors and assigns.
J. This Agreement is the complete and total agreement of the parties and may not be
modified except by a writing executed by the parties or their successors.
Drainage Easement Agreement Page 3 of 7
•
Dated this Z4,1-64 day of Noveyuloe,r , 2014.
CITY OF SPO E VALLEY
By� Vii , v � r►.� .�� ..rl %►1
Mike :ckson, City Manager Kenneth J. Tuppe
Sharon L. Tup er
Clialdau
Hilda E. Renz by her orne -in-Fact, Shar . Queen
STATE 0 WASHINGTON )
) ss. 60tcj
COUNTY OF SP• ANE )
I certify that I know I° ave satisfactory evidence that AL[{, �-, signed
this instrtj.inent, on oath stated the was authorized to execute the instrument and acknowledge
it as they yi4,4af eff CI OF SPOKANE VALLEY, WASHINGTON, to be the
free and volu(htar' act of uch CITY for the . es and purposes mentioned in the instrument.
4gBEAN
ott.ba �' //,day of 1 -e , 2014.
.- i , 1 ' I �. i�AA 14 on -
U; ,, �•o ' Print Name:�s �! ILWA�l *�,
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gg- _ Notary Public in and for the S i to i
Washington, residingat: e f—�ilA
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OFW P �S
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I'11111‘ \‘‘‘` My appointment expires: y
STATE OF WASHINGTON) �1
)ss.
County of 5r )
On this day personally appeared before me Kenneth J. Tupper to me known to be the
individual described in and who executed the within and foregoing instrument, and acknowledged
that he signed the same as his free and voluntary act and deed, for the uses and purposes therein
mentioned.
DATED: l l/2 6/14
ollllllillllllllllllmillllllllillllllllll lO NOTARY PUBLIC in and for Ore State of
Notary Public E. Washington, residing at S po K c ii
E. State of Washington _ My commission expires: E3/�,/Zo i-7
AARON C. SIMPSON
= MY COMMISSION EXPIRES
AUGUST 08,2017
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Drainage Easement Agreement Page 4 of 7
State of Washington
SS:
County of Spokane
On this day of December 2014 before me the undersigned, a Notary Public in and for the
State of Washington, duly appointed and sworn personally appeared Mike Jackson to me known to
be the City Manager of City of Spokane Valley, Washington the city that executed the foregoing
instrument and acknowledged the said instrument to be the free and voluntary act and deed of said
city, for the uses and purposes therein mentioned and on oath stated that he is authorized to
execute the said instrument and that the seal affixed (if any) is the seal of said city.
Given and y hand and official seal the day and year last above written.
Notary Public in are for e Statg Qf'WA
y,
Residing at [4itid'
My Appointment a pires: p
Place notary seal in box:
*•\M %{itt
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fill, OF w S�`���
STATE OF WASHINGTON)
)ss.
County of 5 ea k a r1 e )
On this day personally appeared before me Sharon L. Tupper to me known to be the
individual described in and who executed the within and foregoing instrument, and acknowledged
that she signed the same as her free and voluntary act and deed, for the uses and purposes therein
mentioned.
DATED: II /Z 6 /14-
gIIIIIIIIIIUIUIIIIIUII UUII11UUIIUIIU0
Notary
State of WashingtPublicon __
AARON C. SIMPSON = NOTARY PUBLIC in and f6r the State of
- MY COMMISSION EXPIRES = Washington, residing at S o K a et€_
- AUGUST 08,2017
OIIIUIIUIUIIIUIUIUIIUUIIUIIIIIUIIUIO My commission expires: a/8/Z.OI
STATE OF WASHINGTON)
)ss.
County of S ro k a � )
On this day personally appeared before me Sharon K. Queen to me known to be the
Attorney-in-Fact for Hilda E. Renz and who executed the within and foregoing instrument, and
acknowledged that she signed the same as the free and voluntary act and deed of said Hilda, E.
Renz, for the uses and purposes herein mentioned and on oath stated that she was authorized to
execute the said instrument.
DATED: 1 t /Z.6//
DIIUIUIIIIIUIIIIIIIIUIIIIUIIIIII11UIIIIID
= Notary Public E C.
State of Washington _ NOTARY PUBLIC in and f r the State of
AARON C. SIMPSON = Washington, residing at so t4ar�2
= MY COMMISSION EXPIRES = Mycommissionexpires: �/8 /zo I—t
AUGUST 08,2017 =
151111111111111111111111111111111111111111111115
Drainage Easement Agreement Page 5 of 7
•
•
EXHIBIT A
Entire Parcel
That portion of the North Half of Section 25, Township 25 North, Range 44 East
Willamette Meridian, lying northerly, northwesterly and easterly of Ridgemont Estates
No. 2, Recorded in Volume 13 of Plats, Page 85, Ridgemont Estates, Recorded in
Volume 12 of Plats, Page 36, Ridgemont Estates North 3rd Addition, Recorded in
Volume 22 of Plats, Page 72, Ridgemont Estates North 4th Addition, Recorded in
Volume 22 of Plats, Page 73 and Ridgemont Estates North 9th Addition, Recorded in
Volume 26 of Plats, Page 29;
And Lying Southwesterly of the Following Described Line:
Beginning at northerly corner of Lot 8 Block 1 of Ridgemont Estates No. 2; thence North
50°22'27" West 159.13 feet; thence North 30°08'14" West 152.25 feet to the Northerly
Line of said section and terminus of this line described;
Except road;
Situate in the City of Spokane Valley, County of Spokane, State of Washington.
Drainage Easement
A portion of the Northeast quarter of the Northwest quarter and the Northwest quarter of
the Northeast quarter of Section 25, Township 25 North, Range 44 East, W.M., being
more particularly described as follows:
Begin at a point that is South 89°16'42" East, a distance of 626.35 feet from the North
quarter corner of said Section 25, said point being common to the North boundary of
said Section 25 and the West boundary of Leo N. Cashatt and others, as established by
a survey performed by Adams Engineering in 1976; thence along said Cashatt West
boundary, the following two (2) courses, South 30°08'12" East, a distance of 152.25
feet; thence South 50°22'25" East, a distance of 26.00 feet; thence South 52°30'00"
West a distance of 135.07 feet; thence South 30°22'00" East, a distance of 119.42 feet;
thence South 56°26'16" West, a distance of 40.06 feet; thence North 30°22'00" West, a
distance of 116.74 feet; thence South 52°38'00" West, a distance of 307.71 feet; thence
South 50°22'00" East, a distance of 151.82 feet; thence South 39°26'16" West, a
distance of 40.00 feet; thence North 50°22'00" West, a distance of 161.19 feet; thence
South 45°39'33" West, a distance of 349.84 feet; thence South 50°33'44" East, a
distance of 199.11 feet; thence South 39°26'16" West, a distance of 40.00 feet; thence
North 50°33'44" West, a distance of 203.47 feet; thence South 45°39'33" West, a
distance of 84.90 feet; thence South 76°35'00"West, a distance of 144.00 feet; thence
South 07°35'00" West, a distance of 89.92 feet to the East line of the Future Plat of
Ridgemont Estates North 3rd Addition; thence North 02°51'52" West, along said East
Drainage Easement Agreement Page 6 of 7
line, a distance of 215.89 feet to a point on a nontangent curve concave to the West
with a radius of 50.00 feet and a radial bearing of South 44°22'04" East, said point being
on the Easterly line of the Future Plat of Ridgemont Estates North 4th, the next 2
courses along said Easterly line; thence Northeasterly, Northerly and Northwesterly
through a central angle of 119°08'01", an arc distance of 103.96 feet; thence North
16°29'55" East, radial to said curve, a distance of 28.10 feet; thence North 56°18'15"
East, a distance of 248.44 feet; thence North 32°00'54" East, a distance of 244.68 feet;
thence North 76°30'08" East, a distance of 154.57 feet; thence North 54°00'44" East, a
distance of 186.55 feet; thence North 62°14'59" East, a distance of 149.00 feet; thence
North 26°59'32" East, a distance of 29.57 feet to the South right of way (R/VV) of 16th
Avenue and a point on a curve concave to the Northwest with a radius of 495.72 feet
and a radial bearing of South 16°02'48" East, thence Northeasterly along said South
RAN, through a central angle of 3°15'02", an arc distance of 28.12 feet; thence South
89°09'28" East, 25.38 feet to the Point of Beginning;
Situate in the County of Spokane, State of Washington.
•
Drainage Easement Agreement Page 7 of 7