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1995, 03-06 Sewer EasementSEWER TRANSMITTAL LOCATION C l6 // , 2,Q z1/ yes -//76 ZSSuED ❑ Itold penults Issue peiinits 0 Conditions ❑ Investigation fee O Re -inspection fee ❑ Other COMMENTS By Dale 3- 6--rs oG4-t-k r- -VT)p(z_ s�, 6- /6c)/7 .ei9zk° ,0Z, x,17615 4 77 f•491)41° 7a2Lc_c-vh- Qf9�CE'G ,8) 12.) czA P i (v ►.� Ore_ VA L_ 1 O EASEMENT, MAINTENANCE AND HOLD HARMLESS AGREEMENT This covenant for a private sewer easement, maintenance thereof, and for a hold harmless to Spokane County, given this 31 of January, 1995, by LANZCE G. DOUGLASS, INC. a Washington Corporation, the legal owner of the following described property (servient estate): Lot 3 Block 1, Ridgemont Estates North 4th Addition (Parcel "A") to LANZCE G. DOUGLASS, INC., who is the legal owner of the following described property (dominant estate): Lot 4 Block 1, Ridgemont Estates North 4th Addition (Parcel "B") 1. Grant: LANZCE G. DOUGLASS, INC. does hereby grant and convey to LANZCE G. DOUGLASS, INC., together with its heirs, successors and assigns a perpetual, non-exclusive easement for the maintenance of and for an underground sewer line over, across and through that portion of the servient estate described as follows: The Southerly 10 feet of the Easterly 50 feet of said Lot 3 Block 1. 2. Maintenance and use of Sewer Line. The parties hereto agree and acknowledge the main sewer line connection will service the above-described property owned by LANZCE G. DOUGLASS, INC. (Parcel "A") and the above-described property owned by LANZCE G. DOUGLASS, INC. (Parcel "B"). The parties further agree that they shall both be responsible for maintenance and repair of said sewer line, on a shared cost basis, and in further accordance with the provisions contained in paragraph 5 hereof, except for any repairs that might be necessary due to the negligence of either party or its successors or assigns, in which case said repairs shall be the responsibility of the negligent party, their successors or assigns. It is further agreed that for any maintenance or repair the party responsible for such repairs or maintenance shall be obligated to return the property to its original condition, unless agreed otherwise by the other patty in writing. 3. Covenant to Run with the Land. The above-described easements shall constitute a covenant running with the land and shall bind the parties, their heirs, successors and assigns. 4. Hold Harmless Re: Spokane County. The parties agree and acknowledge that the sewer line to be used by LANZCE G. DOUGLASS, INC. Parcel "A" and Parcel "B" is a private sewer line and is not owned by, or to be maintained by, the County of Spokane, even that portion which is within the County of Spokane Right of Way. LANZCE G. DOUGLASS, INC. Parcel "A" and LANZCE G. DOUGLASS, INC. Parcel "B" and their successors and/or assigns agree to hold the County of Spokane harmless from the use and maintenance of the sewer line subject to this agreement. 5. Division of Responsibility for Repairs and Maintenance. Both parties agree that the shared cost provision referred to in Paragraph 2 remains in effect only as long as both own their respective properties. If either should sell their property while the other still owns theirs, then maintenance and repair shall rest upon the owner of the portion of the line in which the problem lies. If the problem lies in the shared portion, then the cost of maintenance and repair will be shared also. For purposes of clarity of these respective responsibilities, the attached map shows the location of the sewer line. The portion of the line from the street to the "Y" where the line is divided (marked Section "1") is the portion where there is shared responsibility for any maintenance and repair to said portion. The portion of the line after it branches off the Section "1" and goes to Parcel "B" shall be Section "2" and any repairs or maintenance to that portion shall be the responsibility of the owner of Parcel "B". The portion of the line after it branches off Section "1" and which serves Parcel "A", shall be Section "3" and that portion shall be the responsibility of the owner of Parcel "A". In the future event the owner of Parcel "A" and Parcel "B" should choose to have separate sewer lines, the shared cost provision herein shall become null and void, and the responsibility for the maintenance and repair of the existing sewer line, including the portion of the easement on Parcel "A", becomes the sole responsibility of the owner, their successors and assigns of the owner of Parcel "B". If the owner of Parcel "B" installs a separate sewer line to said Parcel "B", then said owner is no longer responsible for the maintenance and repair of the existing sewer line. DATED on the date first appearing above LANZCE G. DOUGLASS, INC. STATE OF WASHINGTON ) ) SS County of Spokane ) On this '51 day of January, 1995, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Lanzce G. Douglass, to me known to be the President and authorized agent of LANZCE G. DOUGLASS, INC., the corporation that executed the foregoing instrument, and acknowledged the 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 is authorized to execute the said instrument. SEARRI SHIPMAN STATE OF WASHINGTON NOTARY -- a -- PUBLIC My Commission Expires 5-20-97 N9 •IC in and for the State of Washington, residing at Spokane. My commission expires: 6-;z4._77 ACCEPTED this 6 �day of M4� ,-1995, BY: SPOKANE COUNTY By: Its A thorized Agent \ E 's ing Cleanout s) seP O 10'x50' Priv•te Sewer Easem Cleanout cc, lo , \ , \(-) Cleanout 0 GRAPHIC SCALE (IN>FEET) 10 20 7 40 "-20' \ JANUARY 23, 1995 \ PLAT 7 77 Founded 1948 Vimpson Engineers, Inc. CIVIL ENGINEERS & LAND SURVEYORS N.909 ARGONNE ROAD SPOKANE, WA 99212 PH 926-1322