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5082253 Easement, 16th & Woodruff Water Line'` ~ ' ~4 . ; WATER LINE EASEMENT The Undersigned Grantor(s), City of Spokane Valley, whose address is 11707 East Sprague Avenue, Spokane Valley, Washington 99206, for and in consideration of the installation of one (1) one-inch irrigation service near 16"' Avenue and Woodruff Road (a value of $3,725.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, do hereby grant and convey to Spokane County Water District No. 3, (Grantee) whose address is P. 0. BOX 11187, Spokane, Washington 99211-1187, their successors, assigns, lessees, licensees and agents a perpetual easement to construct, reconstruct, operate, maintain and remove such utility facilities as Grantee may require upon, over, under and across the following described land which the Grantor owns or in which the Grantor has any interest to wit: A fifteen (15.0) foot wide utility easement being the north fifteen (15.0) feet of the following described property. Section 19, Township 25N, Range 44 E.W.M. in Spokane County, Washington further described as follows: That portion of Government Lot 1 defined as follows: Beginning at a point 30 feet East and 1043.43 South of the Northwest comer of said Section; which point is on the right-of-way line of Park Road then East 188.86 feet, then South 125 feet, then West 188.86 to the East right-of-way line of Park Road then North 125 feet to the point of beginning. (Parcel Number 45192.9145) Said easement being a strip of land fifteen (15) feet wide, across the above described properties for ingress and egress and utility placement as shown on Exhibit "1 ". SUBJECT to easements and restrictions of record. Grantee shall have the right of ingress and egress and utility placement over and across the Land of the Grantor; and the right to clear and keep cleared all trees and other obstructions. The Grantor reserves the right to occupy, and use said Easement for all purposes not inconsistent with, nor interfering with the rights herein granted. In the event that the Grantee requires access to the Grantee's facilities in order to repair, reconstruct, operate, maintain and remove such utility facilities any cost incurred to remove and replace any improvements made by the Grantor shall be the responsibility of the Grantee and not the Grantor, ;fie c~~,.P ~`So 8 ~-as3 ~ d y-,~ / h ' The Grantee will indemnify the Grantor and hold the Grantor harmless from liability {including reasonable attorney's fees) caused by, resulting from or related to the Grantee's use of the property. The rights, conditions and provisions of this easement shall inure to the benefit of and be binding upon the heirs, executors, administrators, successors and assigns of the respective parties hereto. Any claim, controversy or dispute arising out of this Agreement shall be settled by arbitration in accordance with the applicable rules of the American Arbitration Association, and judgment upon the award rendered by the arbitration may be entered in any court having jurisdiction thereof. The arbitration shall be conducted in Spokane County. ~~ In witness whereof the undersigned has executed this instrument this a5 day of />7A ~' , 2004. Spokane County Water District #3 By: _~ ral Manager City of Spokane Valley By: city Manager ~,f r STATE OF WASHINGTON ss. COUNTY OF SPOKANE ) On this _~day of ~~ h •P , 2004, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared 1~rr, ~,,L C ~c (~ ~ _ to me known to be the person who signed as City llflanager, of the City of Spokane Valley, the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary-act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that- he was duly elected, qualified, and acting as said officer of the corporation, that he was authorized to execute said instrument and that the seal affixed, if any,.is the corporate seal of said corporation. •:. iN WITNESS WHEREOF I have hereunto set my hand and official seal~the.day and year first above written. s~g101V''••,e,A ~,~ ~?: •o NoTgRy~9m ~ ~~% •V ~.r U1:fTt i i a~ • P(JeUC i~'F~~ WASN~~.~ /.~ ~ 7`• (Signature of Notary ,~ ~G~/t~11~ (Printed Name of Notary) ;~: Notary Public in and for the State of Was ingt , residi at .~ My Co mission Expires: - • °,. -~ ,, . ` STATE OF WASHINGTON ss. COUNTY OF SPOKANE On this~~"day of , 2004, before me, the undersigned, a Notary Public in and for the State of Wa ~~i gton, duly commissioned and sworn, personally appeared Ty Wick to me known to be the person who signed as General Manager, of Spokane County Water District No. 3, the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he was duly elected, qualified, and acting as said officer of the corporation, that he was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. . ~ (Signature of Notary) ~EM•8 ~ ~IOIy ~ ij-~ ~ . ~ ~, ~ ~ KOTARY ~ (Printed Name of Notary) -~._ PUBLIC NOTARY PUBLIC in and for the State of ~'`~9219 ~ Washington, residing at Spokane. , ~w~N~ My Commission Expires: l .i e, _~ Z Q U O J Z Q W Q 0 0 a M„LZ,Z~.ZOt~ ~I ~~' ~~ 1 r- z w ~ I_ Q o w 0 o ~ ~ ~ 0 00 ~' . ~ `~ I a _____________---L ~~ fld02~ y,?~dd /~ J~ -~.:~~ >! i d-''"'A /~ ~~ ~ a ~ ~,~ ~M :~ ~ ~ ~ Z N ~~ 00 ~ ~ J W U Q ~ ~` ~~ - ---- ~___ ~ Z i i t '~'~' ~ ~ i ~ i ~ ~ ~ ~ ~- 0 0 ~~ n ~' r Z ~:~i ~ J Q a ~ ~ fl ~ 8l n- r__----. i i i