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6473961 Easement, Public Access: EGR-2014-0034 :5;a2s22nItaleICII:: gFee $ 5 09 PM f a SPOKANE VALLEY I I 6473961 Spokane County Washington E1111111 III It I I III 11111111 Iff/lI 111111111111111111111111111111111111111101 AFTER RECORDING RETURN TO: City of Spokane Valley City Clerk 11707 E. Sprague Ave,Suite 106 Spokane Valley,WA 99206 Document Title: Public Access Easement Grantor(s): HEARTHSTONE HOMES, LLC, a Washington Limited Liability Company Grantee: Government, City of Spokane Valley Abbreviated Legal Description: PTN Lot 3, Block 10, Woodland Terrace Addition Assessor's Tax Parcel Number(s): 35233.1004 CITY OF SPOKANE VALLEY Development Engineering Division Spokane Valley, Washington PUBLIC ACCESS EASEMENT IN THE MATTER OF EGR-2014-0031 (City of Spokane Valley Project No.),hereinafter referred to as the "project". KNOW ALL MEN BY THESE PRESENTS,that the Grantor(s), HEARTHSTONE HOMES, LLC, a Washington Limited Company,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 PUBLIC ACCESS EASEMENT over, upon, and across the following described real property, situated in the City of Spokane Valley, Spokane County, State of Washington,to-wit: A portion of Lot 3,Block 10, Woodland Terrace Addition,according to the plat thereof recorded in Volume"I" of plats,page 16,records of Spokane County,Washington being a portion of the Southwest 1/4 Of Section 23, Township 25 North,Range 43 East,W.M. Spokane Valley, Washington,described as follows: COMMENCING at the Northeast Corner Of Lot 3,Block 10, Woodland Terrace Addition,according to the plat thereof recorded in Volume "I"of plats,page 16,records of Spokane County, Washington; Thence North 89°33'08"West 11.66 Feet to the POINT OF BEGINNING; Thence North 89°33'08"West 20.46 Feet; Thence South 00°06'09"East 25.00 Feet; Thence South 89°33'08" East 20.00 Feet; Thence North 00°06'09" West 19.75 Feet to the beginning of a curve; Thence along a curve to the Northeast having a radius of 28.63 feet,a central angle of 10°33'49",an arc length of 5.28 feet,a chord bearing of North 04°52'52" East,and a chord length of 5.27 feet to the feet TO THE POINT OF BEGINNING: R.E.Excise Tax Exempt Date o2 l Z- 20 1(c Spokane County Tias, By Containing 500.80 S.F.(0.01 Acres)of land more or less. SUBJECT TO rights of way,easements or servitudes of record or in view Affecting Tax Parcel No. 35233.1004 The Public Access Easement for Turnaround as shown on the attached Exhibit is hereby granted to the City of Spokane Valley and its authorized agents,and to the public for public vehicular and pedestrian use purposes, including, but not limited to travel and access over, upon and across the above-described real property. Said Easement is to be kept open, clear and free of any nuisances, vegetation, snow and ice,or buildings and structures of any kind. The Grantor(s)or their successors in interest hereby agree to having complete and total responsibility for the construction of any and all necessary and related grading and improvements to allow access as provided herein and 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 streets, sidewalks, and driveways. 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 and keeping the facilities in good working condition and open to access as provided herein at all times. The Grantor(s)or their successors in interest agree that the City of Spokane Valley has no responsibility for maintaining this Easement. 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 any use of 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 referenced 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. IN WITNESS WHEREOF, the undersigned have caused this instrument to be executed on this //" day of February, 2016_ HEARTHSTONE HOM ., LLC Grantor(s Grantee 0 44 7 OT s j ►Q 0 lk By: Matt Pool,Managing Member By: �G �%( / By: Sha on Pool, Managing Member Title: STATE OF WASHINGTON ) :ss. County of Spokane ) On this day personally appeared before me Matt Pool and Shannon Pool,Managing Members of Hearthstone Homes,LLC,a Washington Limited Liability Company,to me known to be the individuals described in and who executed the within and foregoing instrument,and acknowledged that they signed the same as their free and voluntary act and deed,with full power and authority to act on behalf of Hearthstone Homes,LLC,as provided in the Operating Agreement for said Limited Liability Company,for the uses and purposes therein mentioned. GIVEN under my hand and official seal this 1/ day of February,2016. NOTARY PUBLI in and for the State of Washington, siding at S io Ic�u e My commission expires: I <p /i//y Notary Public / State of Washington STEVE K GUSTAFSON My Appointment Expires Jun 1,2019 PUBLIC ACCESS EASEMENT EASEMENT 1 R=28.63' POINT OF 10'33'49" EASEMENT 1 COMMENCEMENT i==1O3 W N89'33'08"W CB=N04'52'50"E PRIVATE INGRESS/EGRESS, z 11.66' CL=5.27' UTILITY AND DRAINAGE NO'26'52"E EASEMENT < EASPEMENT OF —NO'06'09"W 37.00' -1 OINEASEMENT 2 1 BEGINNING 3 19.75' w F M EASEMENT 1 010 „1 o PUBLIC gig 01 c' ACCESS 'OM11 N p EASEMENT 21 0 N SO'06'09"EJ M 25.00' 14) M Z a a — — `— — -1— — - IO� PO el.fit, 0 PCO 1 0 O�' W o O s,0 Z w r+i 0o• J 0 +� -44,,,,), • ;o ^ 0 Z co M1 to a LEGEND z 1— — — — SECTION LINE — — —1— — — EASEMENT BOUNDARY — — — — EXISTING PROPERTY LINE EASEMENT 2 PRIVATE INGRESS/EGRESS, — CENTERLINE ROADWAY UTILITY AND DRAINAGE EASEMENT • co AGK L x0l 0 0 F•WA Ni 4 Sy1ti 1 EASEMENT 2 In csi �� ��i1 f POINT OF I Z �j jA ,]I COMMENCEMENT in/37549 Y W F. �1 \� � N89'33'OS"1V x 3.67' .� •\•'•.G1S7EP. EASEMENT`2 37.00' II N JoN. LAND POINT OF \,. ——— —-- 6i J q BEGINNING I SO'26'52"W 6 K. t APN 35233.1015 • " CALL BEFORE YOU DIG 811 zW e. EASEMENT EXHIBIT tal I oI hau POOL-13TH AVENUE RESIDENTIAL civil engineering plann'ng. SPOKANE VALLEY,WA - landscape architecture I surveying DRAWN KRB DATE 09/19/14 EXHIBIT 1 510 east third avenue 1spoCane,vrashington 99202 I p 509.242.1000 1509.242.1001 CHECKED RLH SCALE NTS PROJECT 14-113 01