1995, 03-06 Sewer EasementSEWER TRANSMITTAL
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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
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JANUARY 23, 1995
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Founded 1948
Vimpson Engineers, Inc.
CIVIL ENGINEERS & LAND SURVEYORS
N.909 ARGONNE ROAD
SPOKANE, WA 99212 PH 926-1322