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6466018 Easement, Temporary Drainage: River Crossing Ph 3, SUB-09-07 01/19/2016 09:36:35 AM 6466018 Recording Fee $76.00 Page 1 of 4 Easement GOVERNMENT, CITY OF SPOKANE VALLEY c Spokane County Washington AFTER RECORDING RETURN TO: t 11111111111111111111111111111111111111111 11111111 11011III0111110III1 City of Spokane Valley City Clerk 11707 E. Sprague, Suite 106 Spokane Valley,WA 99206 Document Title: Temporary Drainage Easement-WEST SIDE MCMILLAN Grantor(s): Hayden Homes,LLC. Grantee: Government, City of Spokane Valley Abbreviated Legal Description: The NW V4 SEC. 8,T.25N, R.45E, W.M. Assessor's Tax Parcel Number(s): 55082.0103 Reference Number: SUB-09-07 River Crossing Phase 3 CITY OF SPOKANE VALLEY Development Engineering Division Spokane Valley, Washington TEMPORARY DRAINAGE EASEMENT IN THE MATTER OF River Crossing Phase 3 (City of Spokane Valley Project No. SUB-09-07, hereinafter referred to as the"project") KNOW ALL MEN BY THESE PRESENTS,that the Grantor(s),Hayden Homes, LLC , for and in consideration of mutual benefits,the receipt of which is hereby acknowledged,warrants and conveys to City of Spokane Valley,a municipal corporation of the State of Washington, a TEMPORARY DRAINAGE EASEMENT over, upon, and across the following described real property, situated in the City of Spokane Valley, Spokane County, State of Washington,to-wit: That portion of Tract 20 PLAT NO.2 OF WEST FARMS IRRIGATED TRACTS, as per Plat thereof recorded in Volume "0" of Plats,Page 38, described as follows: Begin at the NE corner of the Plat"River Crossing Phase 2",Book 38 of Plats,Pages 22&23,the next 3 courses along the North line of said Plat"River Crossing Phase 2";thence N89°32'50"W 499.30 feet; thence N78°32'24"W 37.07 feet;thence S87°40'31"W 111.00 feet to the West line of Tract 41;thence NO2°19'29"W, along said West line, 278.15 feet;thence N87°40'31"E 111.00 feet;thence S53°32'00"E 46.19 feet;thence S89°32'50"E 487.13 feet to the True Point of Beginning;thence NO2°21'33"W 87.43 feet;thence N87°38'27"E 10.00 feet;thence S02°21'33"E 87.92 feet;thence N89°32'50"W 10.01 feet to the True Point of Beginning. Situate in the City of Spokane Valley, County of Spokane, State of Washington. The Temporary Drainage Easement as shown hereon is hereby granted to the City of Spokane Valley and its authorized agents,and to the public for drainage purposes, including but not limited to allowing R.E.Excise Tax Exempt Date 116) 20/ lc Spokane County Treas. By 140180— stormwater drainage and/or runoff over and across the above-described real property, including but not limited to disposal into a drainage facility located within the same above-described real property. The Grantor(s) or their successors in interest hereby agree not to obstruct, artificially collect or discharge the flow across or adjacent to the above-described real property. The Grantor(s)or their successors in interest agree that the City of Spokane Valley has no responsibility for maintaining this Easement. The Grantor(s) or their successors in interest hereby agree to having complete and total responsibility for the construction of all related drainage facilities located within this Easement,per the accepted civil and drainage plans on file in the office of the Development Engineering Division, including but not limited to all drainage facilities necessary to convey, direct or route the stormwater and/or runoff to said drainage facility or facilities. The Grantor(s) or their successors in interest hereby agree to having complete and total responsibility for the perpetual maintenance of the facilities located within this Easement. In addition, the Grantor(s) or their successors in interest agree to and, shall maintain the drainage area with permanent live ground cover, which may include shrubbery and/or trees, so long as they do not obstruct the flow and percolation of stormwater drainage and/or runoff. If the Grantor(s) or their successors in interest fail to maintain said facilities, a notice of such failure may be given to the Grantor(s)or their successors in interest. If not corrected within the period indicated on said notice, the City of Spokane Valley has the right to correct the maintenance failure, or have it corrected, at the expense of the Grantor(s) or their successors in interest. Such expenses, if not paid within 60 days of notification,may be filed with the County Auditor as a lien against the real property. The Grantor(s) or their successors in interest hereby release the City of Spokane Valley, and all of its officers, employees and agents from any responsibility or liability for any damage whatsoever, including but not limited to inverse condemnation by or to any and all persons or property arising out of or in any way incident to or attributable to the stormwater drainage and/or runoff within this Easement. This Easement and the agreements and duties provided for herein shall run with the land and shall be binding on, and shall inure to the benefit of the parties' references herein, their heirs, successors and assigns. No modification of the boundaries of this Easement can be made without prior approval of the City of Spokane Valley. The Grantor and Grantee anticipate that Phase 4 of the River Crossing development will provide adequate facilities for public drainage and stormwater runoff purposes and so this Easement shall not be necessary at that time. This Easement is, therefore, TEMPORARY, and shall be automatically extinguished and released upon approval and recording of the final plat for Phase 4 of the River Crossing development. IN WITNESS WHEREOF, the undersigned have caused this instrument to be executed on this I ( *t4 day of .360AUry , 2016. Grantor(s : Ha den Homes LLC. Grantee: City of Spokane Valley By: By: i Title: Regional Land Manager Tit e:( 1 Vl1(1i11 t eUeJ bireo-Or STATE OF WASHINGTON ) COUNTY OF SPOKANE ) CITY OF SPOKANE VALLEY) ss I certify that I know or have satisfactory evidence that Brt 4 n T horeSor , Grantor, is/are the individual(s)who appeared before me, and who acknowledged that he/she/they signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in this instrument. Dated this 11714 date of 3c3.ynuc,ry , 201('0 . (]11111111111111111111111111111111111111111HIIO NOTARY PUBLIC Notary Public E. ▪ State of Washington In and for the State of Washington, Residing atKa AARON C. SIMPSON = My appointment expires : t3/a`zo 1-7 ▪ MY COMMISSIONEXPIRES AUGUST 08,207 ❑1I11IIIIIIIIIIIIIIIIIIIIIIIIIIIIII111IIIIHI1O , . . g , I i ...--,_____,_ fa 1 1 m 5 I -. A Ii W ji I N HARmcoky gT 7` (,( E, 111 IQi-Ca Or O I N N 11 i 1 9 I 17 It! n r 1 0 W , 1 hD a W P I 5 rn al o . 'i. A (a .p . D I] FRr i 0 1 il o . 0 T II 1 I— II r i 1 0 1 1 o) q 6�111 1 !ligx s 1 -i ., JAL°1 I 1- L V ASSJIMMICO �i j - - _ 1 ,=--���1Y1V1n I - �y� � NORTH — -......_.. - - - © Founded 1946 0 50 100 `� impson Engineers, Inc. CIVIL ENGINEERS & LAND SURVEYORS SCALE IN FEET N. 909 ARGONNE ROAD, SPOKANE VALLEY WA., 99212-2789 PHONE (509) 926-1322 FAX (509) 926-1323